Zertifiziert:
Zertifiziert:
§ 1 Application of the General Terms and Conditions
(1) The General Terms and Conditions accepted by both contracting parties govern the terms and conditions between the "Provider", Treffer GbR "Der Postwirt", represented by Gertraud and Benedikt Treffer, Marktplatz 1, 85110 Kipfenberg and the "Customer". In particular, the General Terms and Conditions apply to all deliveries and services offered by the provider, unless otherwise agreed in writing between the contracting parties.
(2) The provider offers various services and events on its premises, e.g. for conferences, meetings, weddings, company events and Christmas parties.
(3) The inclusion of the customer's General Terms and Conditions is expressly rejected. These are not recognised even if the Provider does not explicitly object to them.
(4) These General Terms and Conditions apply both to companies in accordance with § 14 BGB (German Civil Code) and to consumers in accordance with § 13 BGB.
§ 2 Conclusion of contract
(1) Unless otherwise agreed, the contract is concluded by an offer made by the customer by e-mail or via the form on the provider's website and acceptance by the provider by e-mail. In the case of verbal or telephone agreements, the contract shall still be concluded by e-mail or in writing.
(2) After booking or organising the event, the customer shall receive an invoice from the provider by e-mail or in writing. After booking, the customer receives an order confirmation, either via the website, by e-mail or in writing. The order confirmation can also be made verbally on site. In any case, the contract is only concluded when the provider confirms the customer's booking. The customer's booking is binding.
(3) The prices in our offers are valid for 7 days. After the 7 days have expired, a new price must be requested, whereby the prices will only be adjusted in the event of significant price increases and price reductions.
(4) For contracts already concluded, we reserve the right to make a recalculation for a point in time from approx. 4 months in the future in order to cover any cost increases incurred. This also applies to contracts concluded at the turn of the year.
(5) The customer will be informed of any price adjustments immediately, i.e. as soon as a meaningful recalculation is possible due to the price increases. Price increases shall be deemed accepted for contracts already concluded,
§ 3 Performance of the services
(1) The Provider shall provide its services to the Customer by making its premises available to the Customer for the above-mentioned events and organising the event. The events shall take place on the premises available to the Provider. This applies to both indoor and outdoor areas. The booking of an event is always combined with catering or an entertainment package from the provider.
(2) As part of the events, it is possible to stay overnight in the provider's hotel. The overnight stays must be booked separately. For this purpose, a desired number of rooms can be blocked until the date agreed in the contract. If a block is requested beyond the date, this shall be deemed a binding reservation. In the event of cancellation of a binding reservation, the cancellation conditions of our hotel apply. You can view these under the following link: https://derpostwirt.de/hotel.html. If the rooms are not firmly reserved beyond the agreed date, the blocking ends on the cut-off date without further consultation.
(3) The event times can be found in the respective order confirmation.
§ 4 Payment
(1) Payment of the invoice is possible by bank transfer by the customer to the account specified by the provider in the invoice or in cash or by card.
(2) Unless otherwise agreed, payment is due 14 days after receipt of the invoice in the case of payment on account.
(3) All prices on our website and in our offers are stated including the applicable statutory value added tax, unless this is explicitly stated.
(4) The customer may only offset or reduce a claim of the provider with an undisputed or legally binding claim.
§ 5 Cancellation and withdrawal
(1) Cancellation by the customer of the contract concluded with the provider free of charge requires the written consent of the provider. If this is not given, the agreed room rent from the contract as well as services arranged with third parties must be paid in any case, even if the customer does not utilise contractual services and it is no longer possible to re-let the room. This shall not apply in the event of a breach of the Provider's obligation to take into account the rights, legal interests and interests of the Customer if the Customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of cancellation.
(2) If a date for free cancellation of the contract has been agreed in writing between the Provider and the Customer, the Customer may cancel the contract up to that date without triggering payment or compensation claims by the Provider. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the provider by the agreed date, unless a case pursuant to number 1 sentence 3 exists.
(3) Services agreed between the provider and the customer, as well as the reservation of premises for events of any kind, may be cancelled by the customer free of charge up to three months before the agreed date of performance or the event.
(4) If an event does not take place on the provider's premises without the provider having given notice of this, the customer may cancel the event free of charge.
(5) In the event of a reduction in the number of participants or guests, which is notified to the provider up to 10 days before the start of the event, the customer shall be entitled to a pro rata reduction in the remuneration payment. If the reduction is notified between 10 and 3 days before the start of the event, the disposal shall be reduced in accordance with the reduced number of participants plus 50% of the remuneration attributable to the participants who did not attend. If the reduction is notified less than 3 days before the start of the event, the customer must pay the agreed remuneration in full.
(6) The provider is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which the provider is not responsible make it impossible to fulfil the contract; events are cancelled under misleading or false statements of material facts, e.g. the customer or the purpose. The provider has reasonable grounds to assume that the event may jeopardise the smooth running of the business, the safety or the reputation of the provider in the public eye without this being attributable to the provider's sphere of control or organisation.
(7) In the event of justified withdrawal by the provider, the customer shall not be entitled to claim compensation.
§ 6 Complaints
(1) Obvious defects can only be taken into account if the customer reports them immediately after becoming aware of them. A complaint must be made immediately.
(2) A late complaint cannot be considered. (2) The provider is authorised to change its services if this is necessary due to external factors beyond its control. The customer shall not be entitled to any claims for compensation in this case.
(3) The customer shall have no claim to the decoration or planting found during a preliminary inspection of the premises. The Provider reserves the right to rearrange its event rooms and areas at any time according to its wishes.
§7 Liability
(1) The Provider shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, the Provider shall only be liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the liability of the provider is excluded, subject to the provision in paragraph 3.
(3) The liability of the provider for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 8 Obligations of the customer
(1) The customer may not bring food and drinks to events. Exceptions require a written agreement with the provider. In these cases, a contribution to cover overheads will be charged.
(2) If the customer uses the provider's premises and areas for event purposes, the customer must treat them with care. The customer shall be liable for any damage caused to buildings or inventory, even if this is caused by his guests.
(3) Any decoration material brought along must comply with fire safety requirements. The customer must consult the provider in advance regarding the installation of objects or decorations. The customer may not assert any rights even if the provider is entitled to prohibit this. The objects or decorations brought along must be removed immediately after the end of the event. The provider accepts no liability for the items brought in.
(4) The customer undertakes to recognise our house rules, which are available in our guest app (https://www.inselgast.de/web/derpostwirt). The customer shall also ensure that his guests comply with the house rules.
(5) The customer is obliged to accept a surcharge in the invoice if there are unexpected cost increases for which the provider is not responsible. This applies in particular to claims for damages in respect of damaged and missing equipment.
§ 9 Data protection
(1) The customer expressly consents to the electronic processing of his personal data within the framework of the following regulations. Customer data will be treated with absolute confidentiality. The data provided by the customer will be used exclusively for the needs-based preparation of personalised offers and advice and for the purposes of our own market research and contract fulfilment. The data will not be passed on to third parties.
(2) The separate data protection provisions on our homepage under the following link apply: https://derpostwirt.de/datenschutz.
§ 10 Right of cancellation
With regard to the right of cancellation, the provider refers to the separate cancellation policy at https://1drv.ms/b/s!ArIY9omBYYSMjkpK3lGkDsTixT1A?e=cXdSoL.
§ 11 European dispute resolution
(1) We draw your attention to the online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.
(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Final provisions
(1) Should individual provisions of the respective contract between the customer and provider be or become invalid or void, this shall not affect the validity of the contract as a whole. The invalid or void provision shall rather be replaced by a provision in free interpretation which comes closest to the purpose of the contract or the will of the parties.
(2) The law of the Federal Republic of Germany shall apply.
(3) Amendments and supplements to the contract must be made in writing in order to be effective, unless otherwise stipulated in these General Terms and Conditions. Verbal collateral agreements do not exist.(4) The place of jurisdiction is, as far as permissible, the registered office of the provider.
