(As of February 2025)
1.1. These General Terms and Conditions („GTC“) apply to all contracts and offers of Aramark Restaurations GmbH, Amelia-Mary-Earhart-Str. 11, 60549 Frankfurt a. M. („Aramark“) which refer to the GTC.
1.2. Customer's or third parties' terms and conditions do not apply, even if Aramark does not specifically object to their validity in individual cases. Even if Aramark refers to a letter that contains or refers to the terms and conditions of the customer or a third party, this does not constitute an agreement to the validity of those terms and conditions.
2.1 All offers from Aramark are non-binding unless expressly marked as binding. An offer is considered binding if the client is requested to accept it as binding.
2.2 The contract is concluded when the client confirms a binding offer from Aramark (order confirmation).
2.3 If the client confirms a non-binding offer from Aramark in writing (via email or fax is possible), this shall be considered a contractual offer from the client, which Aramark may accept either by an express written declaration (via email or fax is possible) (order confirmation) or, if no such express declaration is made, the offer shall be deemed accepted if Aramark does not reject the relevant offer on a case-by-case basis or communicate amendments within 14 calendar days, or by the actual commencement of service provision on the event day, provided this occurs within the 14 calendar days.
2.4 The concluded event contract (consisting of the offer including its appendices and these General Terms and Conditions) is solely decisive for the legal relationship between Aramark and the client. It fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Verbal agreements made before the conclusion of the contract are legally non-binding, unless it is expressly stated therein that they shall continue to be binding.
2.5 Amendments and modifications of the agreements made, including these GTC, require written form for their validity. Telecommunication transmission, particularly by fax or e-mail, is sufficient to observe the written form.
2.6 Aramark retains ownership and copyright of all proposals and documents it creates. The client may not make the proposals and other documents accessible to third parties, disclose them, use them or reproduce them themselves or through third parties, either as originals or in terms of content, without Aramark's express consent. Upon Aramark's request, the client shall return these items in their entirety to Aramark and destroy any copies made if they are no longer needed by the client in the normal course of business or if negotiations do not lead to the conclusion of a contract.
3.1 Aramark will provide services during the event as described in the Event Agreement.
3.2 All equipment and assets provided by Aramark for service provision (e.g., furniture, table linen, cutlery, etc.) remain the property of Aramark and are only provided on loan or for rent. The client must handle the provided equipment and assets with care and return them to Aramark immediately after the event.
3.3 The scope, quality, and nature of the agreed-upon services shall be determined solely by the provisions of the event contract and the offer. The information in the offer shall only constitute legally binding quality guarantees if they are explicitly designated as such in our offer.
3.4 Regarding the performance period, the details in the event contract are decisive. If the agreed start or end times are changed at the client's request, Aramark is entitled to charge for the resulting additional costs.
3.5 Furthermore, Aramark is not liable for disruptions that are not its responsibility (e.g., due to force majeure such as strikes, pandemics, lockouts, natural disasters). However, the client and Aramark are each entitled to withdraw from the event contract if the conditions for the collapse of the business basis pursuant to §313 of the German Civil Code (BGB) are met. Further claims, particularly for reimbursement of expenses or damages, do not exist in these cases, unless the parties have agreed otherwise in the event contract.
In the event that the event is prohibited due to official or other legal orders in connection with the COVID-19 pandemic or similar pandemic situations, both parties shall be released from their obligation to perform in accordance with the provisions of the law. Aramark shall reimburse the Client for any advance payments already made. If, in such a case, the event is prohibited at short notice—that is, within a period of up to 7 calendar days prior to the event date or on the day of the event—the parties agree that the Client shall pay Aramark 25% of the expenses already incurred by Aramark for the event in question.
3.6 Defects identified by the client must be reported promptly, in detail, and in writing. Otherwise, the service shall be deemed to be in accordance with the contract. All warranty claims for defects shall expire twelve months from delivery or performance.
3.7 The client is responsible for ensuring that the information and documents provided by them are accurate. Aramark accepts no liability for any damages, defects, or delays resulting from inaccurate information or documents.
3.8 To the extent concessions or official permits are required for the execution of the event, the client shall obtain them at their own expense.
3.9 If obstacles or impairments arise that hinder the provision of the agreed-upon services, or if the client has reason to expect obstacles or impairments to arise, the client shall notify Aramark immediately in writing, stating the reasons and the expected duration of the hindrance. The client's obligation to provide the contractually agreed-upon services shall remain unaffected.
4.1 The remuneration to be paid by the client to Aramark is set out in the event contract (usually in the offer). All prices are net prices, plus the statutory value-added tax, unless gross prices are expressly stated.
4.2 Additional services that are performed at the client's request and are not listed in the event contract will be compensated separately by the client. The same applies to additional expenses incurred because the information provided by the client is incorrect or the client fails to fulfill their accompanying obligations, does so late, or does so incompletely.
4.3 All invoices are due for payment immediately upon receipt, without deduction. Payments shall only be considered to have been made to Aramark once they have been credited to one of Aramark's accounts.
4.4 If the client is in default, Aramark is entitled to demand default interest at the rate of 8 percentage points above the base interest rate pursuant to Section 288 (2) of the German Civil Code (BGB). Aramark reserves the right to claim damages exceeding this amount.
4.5 Aramark is entitled to require and invoice the Client for an advance payment equal to 50% of the contract value upon conclusion of the contract.
4.6 In addition, Aramark is entitled to require the Client to make an advance payment of an additional 25% of the contract value 10 business days prior to the start of the event and to invoice the Client accordingly. If the Client defaults on these advance payments, Aramark is entitled to terminate the contract and to invoice the Client for services already rendered.
4.7 Price lists for issue prices for food and beverages, which Aramark collects from event participants as self-payers, can be updated by Aramark with 4 weeks' notice before the start of the event. Therefore, the price lists for issue prices included in Aramark's offers are non-binding until 4 weeks before the start of the event.
4.8 Aramark may adjust the agreed-upon compensation up to 8 weeks prior to the start of the event, provided that at least one of the following conditions is met and the cost change was not known to Aramark at the time of contract conclusion:
a) Increase in personnel costs due to the conclusion of a new collective bargaining agreement and/or due to or because of a law (e.g., minimum wage law). In this case, Aramark will adjust the budgeted personnel costs for compensation, at most by the difference to the actual personnel costs.
b) An increase in the Consumer Price Index of more than 21% since the date of the last agreement or adjustment of the remuneration. The monthly figures published by the Federal Statistical Office in Section 1 (Food and Non-Alcoholic Beverages) shall be used to calculate the change. In this case, Aramark shall adjust the budgeted product costs for the compensation by no more than the percentage by which the Consumer Price Index has changed.
c) Changes in the costs of third-party services that Aramark has contracted with third parties to provide agreed-upon event equipment for the purpose of conducting the event (this includes the rental of furniture, decorative items, tableware, coffee machines, and other catering supplies, as well as table linens). In this case, Aramark will adjust the relevant budgeted cost item in the operating overhead costs for remuneration by no more than the difference between the actual third-party service costs. However, the adjustment will result in a maximum change of 10% in the price charged to the client. This may entail either an increase or a decrease in the flat-rate fee included in the offer.
5.1 If the Client cancels the agreed services up to [3] weeks before the agreed service or event date, Aramark is entitled to withhold or invoice [25] % of the agreed remuneration (as specified in the contract) as a lump-sum reimbursement. In the event of a cancellation up to [10] days prior to the agreed service or event date, the cancellation fee increases to [50]% of the estimated contract value. Thereafter, the cancellation fee amounts to 90% of the estimated contract value.
5.2 The decisive point in time for compliance with the cancellation periods is the receipt of the written cancellation declaration by Aramark. The deduction of saved expenses has already been taken into account in the cancellation fees according to section 5.1. The client reserves the right to prove that Aramark suffered less damage due to the cancellation. Aramark is entitled to prove that higher damages were incurred.
5.3 Furthermore, Aramark is entitled to withdraw from the contract if there is reasonable cause to believe that the event could jeopardize Aramark's business operations, safety, or public reputation through no fault of Aramark's. In this case, the client shall have no claim for damages.
5.4 The Client shall notify Aramark in writing of any reduction in the number of participants specified in the Event Agreement or the Proposal by more than 10% no later than 15 business days prior to the start of the event. In such a case, Aramark shall be entitled to adjust the agreed prices accordingly. If an actual increase in the number of participants is determined, billing shall be based on the actual number of participants.
6.1 Aramark shall be liable for damages caused by intent or gross negligence in accordance with statutory provisions.
6.2 In cases of slight negligence, Aramark shall only be liable for foreseeable damages that could reasonably be expected to occur at the time of contract conclusion, based on the services to be provided by Aramark.
6.3 The above limitation of liability does not apply in the event of injury to life, body, and health.
7.1 The Parties shall keep confidential all confidential information of the other Party and protect it from unauthorized access. They shall treat confidential information with the same care that they apply to their own similarly confidential information, but at a minimum with the care of a prudent businessman.
7.2 Confidential information includes trade secrets and business secrets, as well as other information and documents that are either marked as confidential or whose confidentiality arises from the circumstances or their nature. Information shall not be deemed confidential if (a) it was known to the receiving party before it received the relevant information from the other party in connection with this Agreement, (b) the receiving party acquired it from third parties who are not bound by restrictions regarding its use and disclosure, or (c) it is or becomes publicly known without any fault or action by the receiving party.
7.3 The foregoing provision does not limit the rights of the contracting parties to the extent that (a) the use or disclosure of confidential information is for the purpose of fulfilling obligations or exercising rights established in the contractual components, or (b) the use or disclosure is required by applicable law or a court/administrative order, and the contracting party obliged to disclose informs the other contracting party immediately in writing thereof, or (c) the contracting party whose confidential information is to be disclosed has previously consented in writing. The obligations of the contracting parties under this Section 7 shall remain in force for a period of 2 years even after termination of this agreement.
8.1 Should individual provisions of this Agreement be or become ineffective or unenforceable, the validity of the remaining provisions of this Agreement shall not be affected. In place of the ineffective or unenforceable provision, a regulation shall be substituted which comes as close as possible to the economic purpose of the ineffective or unenforceable provision. The same applies if the contracting parties subsequently determine that the Agreement is incomplete.
8.2 The Client may not assign any rights or obligations under this Agreement without Aramark’s prior consent.
8.3 This contract is subject to the law of the Federal Republic of Germany. The place of jurisdiction is Frankfurt am Main, unless mandatory law prescribes otherwise.
