General Terms and Conditions

Berlin Cuisine Jensen GmbH - General Terms and Conditions

As of: October 9, 2025

Both parties to this contract acknowledge the existing risk that events may need to be cancelled, partially cancelled, or postponed due to the COVID-19 pandemic. The event organizer (the "Client") understands that they bear the fundamental "event risk" and thus the risk of use. Berlin Cuisine expressly states that contracts entered into must be fulfilled. To this end, the following three options are offered and agreed upon:

  1. Timely cancellation of the event.
  2. Postponement to a later date within the next 12 months.
  3. Conversion of the booking to remote products offered by Berlin Cuisine Jensen GmbH.

1. Scope of the General Terms and Conditions

These terms and conditions apply to all delivery contracts, rental agreements for equipment and items, and the execution of events.

2. Services of Berlin Cuisine Jensen GmbH (hereinafter "BC")

BC provides the goods and services necessary for the execution of events and supplies food and beverages. BC is permitted to subcontract orders. All offers are non-binding until a contract is formally accepted.

3. Delivery Times

Delivery and service dates agreed upon with the Client are binding. Dates shall be agreed upon separately for each contract and for any subsequent amendments.

4. Payment, Default, and Advance Payments

Our invoices are due for payment immediately and without any deductions. In individual cases, BC is entitled to request a reasonable advance payment, which will be invoiced upon order confirmation. Individual agreements regarding this will be made depending on the content and volume of the order. In the event of an advance payment agreement, the contract shall only become effective under the condition precedent that the advance payment is made on time. For new clients, BC reserves the right to invoice the entire order amount as an advance payment. In this case, a separate agreement on the specific amount will also be made.

BC regularly grants a payment term of 14 days. This term may be shorter for advance payment invoices. Longer payment terms must be explicitly agreed upon. After the payment deadline expires, a flat-rate reminder fee of €2.50 will be charged for each reminder sent. The payment is considered in default, at the latest, if not made within 30 days of the due date and receipt of the invoice.

5. Compensation for Damages in Case of Withdrawal or Termination (Order Cancellation)

If the Client withdraws from or terminates the contract for reasons for which the contractor (BC) is not responsible, the Client must pay liquidated damages according to the following staggered schedule. The Client is free to prove that a lesser damage was incurred, in which case the lesser amount shall be due.

  • A fee of 25% of the net order value is due immediately upon booking. If the event is cancelled at least 6 weeks prior to the event date, this 25% will serve as the cancellation fee.
  • If the event is cancelled between 6 and 2 weeks prior to the event date, an additional 25% is due, bringing the total cancellation fee to 50%.
  • If the order is cancelled within 2 weeks of the event date, the Client owes the entire agreed-upon remuneration, less any expenses saved by BC. The contractor (BC) must also deduct any revenue it is able to generate through the alternative use of materials and personnel.

The same applies if the Client's actions or fault (e.g., payment default) cause the contract to be terminated by the contractor.

If an event cannot take place, the contract shall, in principle, remain in effect. The Client may opt to use the remote products "virtual cooking course" or "remote food box." The full order value will be transferred to this new booking and will constitute the minimum order value for it.

In the case of an event postponement within 7 working days of the planned date, 100% of the order value becomes due. 25% of this amount will be credited to the next subsequent event. If the postponement occurs at least 7 working days before the planned event, 40% of the amount due will be credited to the next subsequent event.

5.1

For orders with a value exceeding €50,000.00 (in words: fifty thousand euros), the cancellation periods are each extended by an additional 10 working days.

6. Transfer of Risk and Transport

If BC ships goods or rented items to a location other than its premises, the risk transfers to the Client as soon as the goods or rented items are handed over to the designated carrier. If shipment is carried out using BC's own vehicles, the risk transfers to the Client upon the arrival of BC's vehicles at the Client's destination. The event organizer bears the risk for all items brought by BC to the event venue, unless the venue itself is provided by BC as part of the contract. BC assumes no duty of guarding or safekeeping and is not liable for loss, destruction, or damage, except in cases of gross negligence or willful misconduct.

7. Warranty and Guaranteed Properties

For the purposes of public law regulations, the Client is always considered the event organizer. The Client is therefore responsible for ensuring compliance with all applicable regulations (e.g., noise ordinances). BC's liability, except in cases of willful misconduct and gross negligence, is limited to breaches of essential contractual obligations and is capped at a maximum of €2 million for personal injury and €1 million for property damage. This limitation does not apply to injury to life, body, or health. The event organizer is liable for all damages, for instance to buildings or inventory, caused by event participants, employees, other third parties attributable to their sphere (e.g., guests), or by themselves.

Claims by the Client based on the absence of essential properties can only be asserted if these properties have been expressly guaranteed by BC. By commissioning BC, the Client has also made BC's creative abilities a subject of the contract. In this respect, BC is permitted to exercise a certain degree of discretion within the scope of the order placed. It is therefore at BC's discretion to select individual components or employees according to its professional judgment to best execute the order, provided this does not contradict previously guaranteed properties. BC may also exchange products for equivalent ones if deemed necessary. In doing so, guaranteed properties and the special interests of the Client must always be taken into account, provided they have been agreed upon or are otherwise apparent.

8. Taking Food Home

BC assumes no liability for food that is taken home by guests or left with the Client after the conclusion of the catering service/event. Once handed over, it is no longer possible to ensure that food is adequately heated to +72°C for at least 2 minutes. Furthermore, items requiring refrigeration must be consumed within 30 minutes if their temperature rises above +15°C, or they must be disposed of immediately thereafter. We therefore ask for your understanding that we advise against taking our food from the event venue.

9. Weather

  1. Should the Client request changes to the scope of services or procedures at short notice – meaning less than 24 hours before the start of the event – due to weather conditions (e.g., moving the event from outdoors to indoors, adjusting delivery methods), we reserve the right to invoice for the additional expenses incurred.

    1.1 The additional expense will be calculated based on the actual additional personnel, material, or logistical effort required, but will not exceed 5% of the total contract value.

  2. If, in the caterer's assessment, safety-related circumstances exist that jeopardize the planned execution of the event – particularly with regard to weather, local conditions, official requirements, or dangers to persons or property – the caterer is entitled to make changes to the schedule, setup, or execution of the event, provided these are necessary for hazard prevention or risk minimization.

    2.1. The caterer will inform the Client of this immediately and will keep the changes to a minimum. Additional expenses arising from such measures may be invoiced to the Client if they were objectively necessary for the safe execution of the event.

10. Responsibility for Power Supply

The event organizer is responsible for providing, at their own expense, an electrical power supply at the event location that meets the requirements of the catering service. The power connections must be available in sufficient number, capacity, and with adequate circuit protection to ensure the smooth operation of the event. The caterer assumes no liability for damages, delays, or service limitations resulting from an inadequate power supply.

11. Final Provisions

Any deviations from these conditions must be made in text form. The contractual relationship is subject to the law of the Federal Republic of Germany. The place of jurisdiction is Berlin.