For event catering contracts

1. service of the caterer

The customer assigns the event catering exclusively to dine&shine gmbh ("Caterer") in accordance with the detailed offer ("Catering"). The Caterer undertakes to carry out the catering with due care. It shall endeavor to carry out the catering on time and to the complete satisfaction of the customer. When selecting food and beverages, emphasis is placed on impeccable quality. All rights to the ideas, suggestions, drafts, sketches, illustrations and texts presented are the intellectual property of dine&shine.

2. agreement between the customer and the caterer

Based on the information provided by the customer, the caterer submits a detailed catering offer for the event in question. This offer is not binding for the customer and the caterer.

After any adjustments to the quotation, the caterer confirms the order in detail by means of a written order confirmation including various appendices. An order with dine&shine can follow verbally or in writing, at the latest with the written order confirmation by dine&shine.

Details of the agreements between the customer and the caterer are therefore derived from the written order confirmation and its appendices, whereby the appendices form an integral part of the agreement between the parties (collectively the "Agreement"). In the event of deviations between the Agreement and these General Terms and Conditions ("GTC"), the provisions set out in the order confirmation and the other annexes shall take precedence.

3. change in the number of persons

The Customer must notify the Caterer of any change in the number of persons no later than 10 days before the start of the event, if possible in writing. Later changes can no longer be guaranteed. The caterer will invoice the customer retrospectively for any additional persons.

A reduction in the confirmed number of persons up to a maximum of minus 10% of the number of persons agreed in the written order confirmation is free of charge. In the event of a reduction of more than 20%, the costs already incurred or to be expected for the last confirmed number of persons may be invoiced.

Changes in the number of persons may also result in adjustments to the calculated prices.

4 Minor changes

The caterer reserves the right to make minor changes to its services in the event of short-term changes in the market offer due to missing goods or massively increased prices. In doing so, it shall take into account the interests and wishes of the customer and offer an equivalent execution of the order.

5. payment on account

If the expected order volume exceeds the value of CHF 10,000, a payment on account amounting to 80% of the calculated costs shall be due upon acceptance of the order confirmation by the customer in accordance with section 2 paragraph 2 above - for customers based in Switzerland and the Principality of Liechtenstein. For customers from other countries, the payment on account is 100% of the calculated costs.

The payment on account must be credited to the caterer's account immediately upon receipt, but no later than 30 working days before the event.

6 Cancellation

If an order is canceled by the customer, the caterer will charge the following costs:

Up to 90 working days before the event: the costs incurred will be charged
89- 60 working days before the event: 25% of the agreed service
59- 30 working days before the event: 35% of the agreed service
29- 14 working days before the event: 50% of the agreed service
13 - 7 working days before the event: 75% of the agreed service
6 - 0 working days before the event: 100% of the agreed service

7 Infrastructure, cleaning and disposal

Unless otherwise agreed, the customer shall provide the caterer with the following infrastructure free of charge and undertakes to hand it over in a condition suitable for the intended use and to maintain it in the same condition:

the necessary rooms
heating, water and electricity

The Caterer shall be responsible for cleaning the catering inventory and materials in accordance with Section 8 below. Unless otherwise agreed, the Customer shall otherwise be responsible for cleaning and disposal.

8 Loss of and damage to the caterer's equipment

If the caterer provides material which is to be returned to the caterer at the end of the event (e.g. glasses, crockery, cutlery, linen, etc.), the customer is obliged to return the material to the caterer complete and undamaged. Losses and damage caused by the customer's employees or guests shall be borne by the customer.

9. purchase of goods and logistics

The caterer is responsible for purchasing the goods used for the catering. He is responsible for the selection and quality of the suppliers and ensures the necessary logistics.

Purchasing is carried out for the account of the caterer. The caterer is therefore responsible for determining the quantities, pricing and payment terms vis-à-vis the suppliers. The customer therefore has no obligations and/or claims arising from the caterer's agreements with its suppliers.

10 Employees of the Caterer, liability of auxiliary persons

The Caterer shall provide the staff as agreed.

11. insurances / authorizations

Unless otherwise agreed, the customer shall be responsible for the necessary insurance cover in respect of property damage and personal injury, as well as for all legally prescribed permits required in connection with an event.

12 Invoicing and payment

After the event has been held, the customer shall receive an invoice from the caterer, which must be paid within 30 days of the invoice date, without deduction of a discount. If payment is made after the due date, dine&shine is entitled to charge default interest of at least 5%.

13. partial validity

If a provision of the agreement contradicts a mandatory legal provision, the legally permissible provision that comes closest to the original intention of the parties shall apply in place of this provision. This shall not affect the validity of the remaining provisions of the agreement.

14 Applicable law and place of jurisdiction

The agreement is subject to Swiss law. The place of jurisdiction for all disputes arising in connection with the agreement and the activities of the Caterer is Zurich (Commercial Court).