I. SCOPE OF APPLICATION
1. These terms and conditions apply to contracts for the rental of conference, banquet and event rooms and the restaurant of the company Barcomi's GmbH, Bergmannstraße 21, 10961 Berlin - as well as for the implementation of events such as banquets, breakfast & lunch breaks, catering of any kind Art, wedding cakes & events, special cakes etc. as well as for all other related services and deliveries by Barcomi's GmbH in the two cafes in Berlin as well as outside of the house.
2. The subletting or re-letting of the leased rooms, areas or showcases as well as the invitation to job interviews, sales or similar events require the prior written consent of Barcomi's GmbH, whereby § 540 Paragraph 1 Clause 2 BGB is waived, insofar as the The customer is not a consumer.
3. The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. CONCLUSION OF CONTRACT, PARTNER, LIABILITY, LIMITATION OF LIMITATIONS
1. The contract is concluded by Barcomi's GmbH and the customer, who are the contractual partners. The order is placed and the contract is concluded when the customer confirms or settles an offer or an invoice.
2. If the customer / orderer is not the organizer himself or if the organizer engages a commercial agent or organizer, the organizer is jointly and severally liable with the customer for all obligations under the contract, provided that Barcomi's GmbH has made a corresponding declaration by the organizer is present. Barcomi's GmbH is liable for its obligations under the contract with the diligence of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if Barcomi's GmbH is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by Barcomi's GmbH and damage caused by an intentional or negligent breach of typical contractual obligations of Barcomi's GmbH. A breach of duty by Barcomi's GmbH is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the services of Barcomi's GmbH occur, Barcomi's GmbH will endeavor to remedy the situation if the customer becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the customer is obliged to inform Barcomi's GmbH in good time about the possibility of exceptionally high damage. All claims against Barcomi's GmbH generally become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by Barcomi's GmbH.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. Barcomi's GmbH is obliged to provide the services ordered by the customer and promised by Barcomi's GmbH.
2. The customer is obliged to pay the agreed or customary prices of Barcomi's GmbH for these and other services used. This also applies to services and expenses caused by Barcomi's GmbH to third parties, especially for claims from copyright collecting societies (e.g. GEMA).
3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by Barcomi's GmbH for such services increases, the contractually agreed price can be increased appropriately, but no more than 5%.
4. Barcomi's GmbH invoices without a due date are payable within 8 days of receipt of the invoice without deduction. Barcomi's GmbH is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, Barcomi's GmbH is entitled to the currently applicable statutory default interest at the current rate 8th% or in the case of legal transactions in which a consumer is involved, to demand 5% above the base rate. Barcomi's GmbH reserves the right to provide evidence of higher damage. Barcomi's GmbH is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The customer can only offset or reduce an undisputed or legally binding claim against a claim by Barcomi's GmbH.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION)
1. A free withdrawal by the customer from the contract concluded with Barcomi's GmbH requires the written consent of Barcomi's GmbH. If this is not done, the agreed room rent from the contract as well as services initiated by third parties are to be paid in any case, even if the customer does not make use of the contractual services and subletting is no longer possible. This does not apply in the event of a breach of the obligation of Barcomi's GmbH to take into account the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if he is entitled to any other statutory or contractual right of withdrawal.
2. If a date for free withdrawal from the contract has been agreed in writing between Barcomi's GmbH and the customer, the customer can withdraw from the contract until then without triggering any payment or compensation claims by Barcomi's GmbH. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis Barcomi's GmbH by the agreed date, unless there is a case in accordance with number 1 sentence 3.
3. If the customer withdraws between the 1st and 3rd day before the date of the event, Barcomi's GmbH is entitled to charge 50% of the lost food sales in addition to the agreed rental price, and 90% of the food sales for any later withdrawal. For special & wedding cakes, the cancellation fee is 50% up to 5 days before the event, 1 to 4 days before we charge 90%.
4. The calculation of the food sales is based on the formula: menu price of the event x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the currently valid event offer will be used as a basis.
V. WITHDRAWAL BY Barcomi's GmbH
1. If the customer's right to withdraw free of charge has been agreed in writing within a certain period of time, Barcomi's GmbH is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer on request from Barcomi's GmbH does not waive its right to withdraw.
2. If an agreed advance payment or an advance payment requested in accordance with Clause III No. 5 above is not made, Barcomi's GmbH is also entitled to withdraw from the contract.
3. Furthermore, Barcomi's GmbH is entitled to withdraw from the contract for an objectively justified reason, for example if force majeure or other circumstances for which Barcomi's GmbH is not responsible make it impossible to fulfill the contract; Events with misleading or false information about essential facts, e.g. B. the customer or the purpose; Barcomi's GmbH has justified cause to believe that the event may endanger the smooth business operations, the security or the reputation of Barcomi's GmbH in public, without this being attributable to the sphere of control or organization of Barcomi's GmbH or there is a violation of Clause I No. 2.
4. If Barcomi's GmbH is justified in withdrawing from the contract, the customer has no right to compensation.
VI. CHANGES IN THE NUMBER OF PARTICIPANTS AND THE VA TIME
1. A change in the number of participants by more than 5% must be communicated to Barcomi's GmbH no later than two working days before the start of the event; it requires the written consent of Barcomi's GmbH.
2. A reduction in the number of participants by the customer by a maximum of 5% will be recognized by the billing when billing. In the event of further deviations, the originally agreed number of participants minus 5% will be used. The customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which can be proven by him.
3. In the event of an upward deviation, the actual number of participants will be charged.
4. If the number of participants deviates by more than 10%, Barcomi's GmbH is entitled to re-set the agreed prices and to swap the confirmed rooms, unless this is unreasonable for the customer.
5. If the agreed start or end times of the event are shifted and Barcomi's GmbH agrees to these deviations, Barcomi's GmbH can appropriately invoice the additional willingness to perform, unless Barcomi's GmbH is at fault.
VII. BRINGING FOOD AND DRINKS
The customer is generally not allowed to bring food and drinks to events. Exceptions require a written agreement with Barcomi's GmbH. In these cases, a contribution to cover the overhead costs will be charged (corkage).
VIII. TECHNICAL EQUIPMENT AND CONNECTIONS
1. Insofar as Barcomi's GmbH procures technical and other equipment from third parties for the customer at the customer's request, it acts in the name, with power of attorney and for Customer's invoice. The customer is liable for careful handling and proper return. He releases Barcomi's GmbH from all claims by third parties from the provision of these facilities.
2. The use of the customer's own electrical systems using the power grid of Barcomi's GmbH requires their written consent. Malfunctions or damage to the technical systems of Barcomi's GmbH caused by the use of these devices are at the expense of the customer, insofar as Barcomi's GmbH is not responsible for them. Barcomi's GmbH is allowed to record and calculate the electricity costs incurred through the use.
3. With the consent of Barcomi's GmbH, the customer is entitled to use his own telephone, fax and data transmission equipment. Barcomi's GmbH can charge a connection fee for this.
4. If Barcomi's GmbH systems remain unused due to the connection of the customer's own systems, a compensation fee can be charged.
5. Faults in technical or other equipment made available by Barcomi's GmbH will be eliminated immediately if possible. Payments cannot be withheld or reduced if Barcomi's GmbH is not responsible for these disruptions.
IX. LOSS OF OR DAMAGE TO EQUIPMENT BROUGHT IN
1. Exhibition items or other items, including personal items, are at the risk of the customer in the event rooms / restaurant. Barcomi's GmbH assumes no liability for loss, destruction or damage, not even for financial loss, except in the case of gross negligence or willful misconduct on the part of Barcomi's GmbH. This does not apply to damage resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
2. Decoration material brought along must meet the fire protection requirements. Barcomi's GmbH is entitled to request official evidence for this. If such evidence is not provided, Barcomi's GmbH is entitled to remove material that has already been brought in at the customer's expense. Because of possible damage, the installation and attachment of objects must be coordinated with Barcomi's GmbH in advance.
3. Exhibition or other objects brought along must be removed immediately after the end of the event. If the customer fails to do so, Barcomi's GmbH may remove and store them at the customer's expense. If the objects remain in the event room, Barcomi's GmbH can charge an appropriate compensation for use for the duration of their stay. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
X. CUSTOMER'S LIABILITY FOR DAMAGES
1. If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties in his area or himself.
2. Barcomi's GmbH can demand the provision of appropriate securities (e.g. insurance, deposits, guarantees) from the customer.
XI. FINAL PROVISIONS
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for events should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is Berlin.
3. The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the seat of Barcomi's GmbH in commercial transactions. If a contractual partner meets the requirement of Section 38 Paragraph 2 ZPO is fulfilled and has no general place of jurisdiction in Germany, the place of jurisdiction is also Berlin.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these general terms and conditions for events be ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
Conditions of participation | Competition on Instagram
Conditions of participation
Participation in the competition from Barcomi's GmbH, hereinafter referred to as the operator or organizer, is free of charge and is based exclusively on these conditions of participation.
Course of the competition
The duration of the competition extends from December 24th, 2020, 8:00 a.m. until December 28th, 2020. During this period, users have the opportunity to take part in the competition online.
To take part in the competition, follow the instructions in the post dated December 24th, 2020. Participation is only possible within the participation period. Submissions received after the closing date will not be considered for the drawing.
Only one submitted registration per participant takes part in the competition. It is strictly forbidden to have multiple Use email addresses or multiple Instagram profiles to increase your chances of winning.
Participation in the competition is free.
Eligible are natural persons who are domiciled in Germany and have reached the age of 14. Participation is not limited to customers of the organizer and does not depend on the purchase of goods or services.
If a participant is restricted in his legal capacity, the consent of his legal representative is required.
All persons and employees of the operator who are involved in the design and implementation of the competition, as well as their family members, are not eligible to participate in the competition. In addition, the operator reserves the right to exclude persons from participation at its own discretion if there are legitimate reasons, for example:
(a) in the event of manipulation in connection with access to or implementation of the competition
(b) in the event of violations of these conditions of participation
(c) in the event of unfair behavior; or (d) in the event of false or misleading information in connection with participation in the competition.
Prize, notification and transmission of the prize.
The following price is awarded:
KitchenAid K5 kitchen machine (worth € 731.00)
The winners will be determined after the closing date as part of a random raffle among all participants. If the competition is linked to a task, come only those participants in the raffle who correctly performed the task.
The winners of the raffle will be announced in a timely manner via a separate Message informed of the win.
The prize is handed over exclusively to the winner or to the legal representative of the minor winner. An exchange, collection by the customer and a cash payment of the prize are not possible.
Any costs incurred for sending the prizes will be borne by the operator. Additional costs associated with claiming the prize will be borne by the winner. The winner is responsible for any taxation of the profit.
If, after two requests, the winner does not respond within the deadline specified in the message, the prize will go to someone else.
End of the competition
The organizer expressly reserves the right to end the competition without prior notice and without giving reasons. This is especially true for any reasons that would disrupt or prevent the competition from running according to plan.
In order to participate in the competition, it is necessary to provide personal data. The participant assures that the personal information provided by him, in particular first name, surname and email address, is truthful and correct.
The organizer points out that all personal data of the participant will neither be passed on to third parties nor made available to them for use without consent.
In the event of a win, the winner declares his consent to the publication of his name and place of residence in the advertising media used by the organizer. This includes the announcement of the winner on the website of the operator and his Social Media platforms.
The participant can revoke his declared consent at any time. The revocation must be sent in writing to the contact details of the organizer given in the imprint area of the competition app. After revoking the consent, the collected and stored personal data of the participant will be deleted immediately.
This promotion is in no way related to Facebook and is in no way sponsored, supported or organized by Facebook.
Questions or complaints in connection with the competition are to be directed to the operator. Contact options can be found in the imprint area.
The operator's competition is subject exclusively to the law of the Federal Republic of Germany. The judges' decision is final.
Should a provision of these conditions of participation is or becomes wholly or partially ineffective, the validity of these conditions of participation is otherwise not affected. Instead of the ineffective provision, the legally permissible regulation applies that comes as close as possible in economic terms to the meaning and purpose expressed in the ineffective provision. The same applies if there is a loophole in these conditions of participation.
The team wishes good luck and success from Barcomi's!