Al Salam® Restaurant Cologne
Al Salam® Restaurant Cologne

Terms and Conditions

Al Salam Star

I. Scope

  1. These terms and conditions apply to contracts for the rental of conference, banquet, and event rooms of the restaurant for events such as banquets, seminars, conferences, exhibitions, and presentations, etc., and all further services and supplies of the restaurant.
  2. Subletting or further renting of the rented premises requires prior consent from the restaurant, whereby § 540 (1) sentence 2 of the German Civil Code (BGB) is excluded, insofar as the customer is not a consumer.
  3. Reservations for 10 or more people are treated as events, and the terms and conditions of the Al-Salam restaurant also apply.
  4. The customer's terms and conditions shall only apply if expressly agreed in writing beforehand.
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II. Conclusion of Contract, Contracting Parties, Liability, Statute of Limitations

  1. The contract is concluded by the restaurant's acceptance of the customer's offer; they are the contracting parties.
  2. If the customer/orderer is not the organizer themselves, or if a commercial intermediary or organizer is engaged by the organizer, then the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the restaurant has a corresponding declaration from the organizer.
  3. The restaurant is liable for its contractual obligations with the care of a proper merchant. Claims of the customer for damages are excluded. This does not apply to damages arising from injury to life, body, or health if the restaurant is responsible for the breach of duty, other damages resulting from intentional or grossly negligent breach of duty by the restaurant, and damages resulting from intentional or negligent breach of typical contractual duties by the restaurant. A breach of duty by the restaurant is equivalent to that of a legal representative or vicarious agent.
  4. Should disruptions or defects in the restaurant's services occur, the restaurant shall endeavor to remedy them upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to contribute what is reasonable to them to resolve the disruption and minimize potential damage. Furthermore, the customer is obligated to inform the restaurant in a timely manner of the possibility of an exceptional damage arising.
  5. All claims against the restaurant generally become time-barred after one year from the commencement of the knowledge-dependent regular limitation period pursuant to Section 199 (1) of the German Civil Code (BGB). Claims for damages become time-barred after five years, irrespective of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the restaurant.
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III. Services, Prices, Payment, Set-off

  1. The restaurant is obligated to provide the services ordered by the customer and agreed upon by the restaurant.
  2. The customer is obligated to pay the agreed-upon or usual prices of the restaurant for these and other services used. This also applies to services and expenses incurred by the customer from the restaurant to third parties, particularly including claims from copyright collecting societies.
  3. The agreed-upon prices include the applicable 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 the restaurant for such services increases, the contractually agreed-upon price may be increased by a reasonable amount, but by no more than 5%.
  4. Invoices from the restaurant are payable immediately without deduction. The restaurant is entitled to declare outstanding claims due at any time and demand immediate payment. In the event of default, the restaurant is entitled to charge the currently applicable statutory default interest. The restaurant reserves the right to prove a higher amount of damages.
  5. The restaurant is entitled to request a reasonable prepayment at any time. The amount of the prepayment and the payment dates can be agreed upon in writing in the contract.
  6. In justified cases, e.g., customer's payment arrears or extension of the contract scope, the restaurant is entitled to demand an advance payment or security deposit as per clause 4 above, or an increase of the advance payment or security deposit agreed upon in the contract up to the full agreed remuneration, even after the conclusion of the contract and before the start of the event.
  7. The customer may only offset or reduce a claim against a claim of the restaurant with a claim that is recognized in writing or legally established.
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IV. Customer Withdrawal (Cancellation)

  1. A customer's free cancellation of the contract concluded with the restaurant requires the written consent of the restaurant. If this is not given, the agreed advance payment from the contract and services commissioned from third parties must be paid in any case, even if the customer does not make use of the contractual services and re-rental is no longer possible. This does not apply in the event of a breach of the restaurant's obligation to consider the customer's rights, legal interests, and assets, if it is no longer reasonable for the customer to adhere to the contract, or if another statutory or contractual right of withdrawal exists.
  2. If the restaurant and the customer have agreed in writing on a date for a free cancellation of the contract, the customer may cancel the contract up until that date without incurring any payment or damage claims from the restaurant. The customer's right of withdrawal shall expire if they do not exercise their right of withdrawal in writing to the restaurant by the agreed date, unless a case according to number 1, sentence 3 applies.
  3. The following cancellation conditions apply to reservations:
    Cancellations or terminations of the contract must be in writing and with our consent. In the event of cancellation or termination of a contract by the client, the restaurant will charge a service fee. The following deadlines apply:

    • Up to 14 days before the reservation date: 25% of the expected revenue

    • Up to 7 days before the reservation date: 50% of the expected revenue

    • Up to 3 days before the reservation date: 80% of the expected revenue

  4. The following cancellation conditions apply to reservations:
    If the customer cancels between the 8th and 4th week prior to the event date, the restaurant is entitled to charge 35% of the expected lost revenue; for any cancellation made after that, the restaurant is entitled to charge 70% of the expected revenue.
  5. Revenue is calculated using the following formula: Event/reservation food and beverage menu price x number of participants. If no price has been agreed upon for the event/reservation, the least expensive 3-course menu from the current event offerings will be used as the basis.
  6. If a conference flat rate per participant has been agreed upon, the restaurant is entitled to charge 60% in the event of a cancellation between the 8th and 4th week prior to the event date, and 85% of the conference flat rate multiplied by the agreed-upon number of participants in the event of a later cancellation.
  7. The deduction of saved expenses is taken into account by numbers 3 to 6. The customer is free to prove that the aforementioned claim did not arise or did not arise to the extent claimed.

V. Restaurant's Withdrawal

  1. If the customer has a free right of withdrawal agreed in writing within a certain period, the restaurant is entitled to withdraw from the contract during this period if other customers inquire about the contractually booked rooms and the customer does not waive their right of withdrawal upon inquiry by the restaurant.
  2. If a down payment required by Clause III No. 5, as agreed or stated above, is not made, the restaurant shall also be entitled to withdraw from the contract.
  3. Furthermore, the restaurant is entitled to withdraw from the contract for a valid reason, for example if

    • force majeure or other circumstances beyond the restaurant's control make performance of the contract impossible;

    • Events booked under misleading or false statements of essential facts, e.g., of the customer or purpose;

    • The restaurant has justified reason to believe that the events could jeopardize the smooth operation of business, the safety, or the public reputation of the restaurant, without this being attributable to the restaurant's domain or organization.

    • a violation of Clause I No. 2 above has occurred.

  4. In the event of a legitimate cancellation by the restaurant, the customer shall not be entitled to damages.
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VI. Change in Number of Participants and Event Time

  1. Any change in the number of participants by more than 5% must be reported to the restaurant no later than five business days before the event begins; such a change requires the restaurant’s written consent.
  2. The restaurant will recognize a reduction in the number of participants by the customer of up to 5% when settling the bill. For deviations exceeding this amount, the originally agreed-upon number of participants minus 5% will be used as the basis for calculation. The customer has the right to reduce the agreed-upon price by the amount of expenses saved due to the lower number of participants, provided the customer can provide evidence of such savings.
  3. In case of an upward deviation, the actual number of participants will be calculated.
  4. If the number of participants deviates by more than 10%, the restaurant is entitled to adjust the agreed-upon prices and to change the confirmed rooms.
  5. If the agreed start or end times of the event are changed and the restaurant agrees to these deviations, the restaurant may charge appropriately for the additional services, unless the restaurant is at fault.
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VII. Bringing Food and Drinks

Customers are generally not allowed to bring their own food and drinks to events.
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VIII. Technical Facilities and Connections

  1. To the extent the restaurant procures technical or other equipment from third parties for the customer at the customer's request, it acts in the name, by proxy, and at the expense of the customer. The customer is liable for the careful treatment and proper return of said equipment. The customer shall indemnify the restaurant against all third-party claims arising from the provision of such equipment.
  2. The use of the customer's own electrical equipment, utilizing the restaurant's power grid, requires the restaurant's written consent. Any malfunctions or damages to the restaurant's technical equipment arising from the use of this equipment shall be borne by the customer, provided the restaurant is not at fault. The restaurant may charge a flat fee for the electricity costs incurred by the use of this equipment.
  3. The customer is entitled to use their own telephone, fax, and data transmission equipment with the restaurant's consent. The restaurant may charge a connection fee for this.
  4. If suitable restaurant facilities remain unused due to the connection of the customer's own facilities, a downtime fee may be charged.
  5. Disruptions to technical or other facilities provided by the restaurant will be rectified immediately if possible. Payments cannot be withheld or reduced as far as the restaurant is not responsible for these disruptions.
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IX. Loss or Damage of Personal Belongings

  1. Brought along exhibition or other items, including personal belongings, are at the customer's risk in the event rooms or restaurant. The restaurant assumes no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent on the part of the restaurant. Damages resulting from injury to life, body, or health are excluded from this. Furthermore, all cases in which storage constitutes a typical contractual obligation due to the circumstances of the individual case are excluded from this disclaimer of liability.
  2. Brought-in materials must comply with fire safety regulations. The restaurant is entitled to request official proof if necessary. If such proof is not provided, the restaurant is entitled to remove materials already brought in at the customer's expense. Due to potential damage, the placement and installation of objects must be coordinated with the restaurant in advance.
  3. Exhibits and other items brought by the customer must be removed immediately after the event. If the customer fails to do so, the restaurant may remove and store the items at the customer's expense. If the items remain in the event room, the restaurant may charge reasonable compensation for use for the duration of their remaining presence. The customer is free to prove that the aforementioned claim did not arise or did not arise to the extent claimed.
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X. Customer Liability for Damages

  1. The client is liable for all damages to the building or inventory caused by event participants or visitors, employees, other third parties from their area, or themselves.
  2. The restaurant may require the customer to provide adequate security (e.g., insurance, deposits, guarantees).
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XI. Final Provisions

  1. Changes or additions to the contract, to the acceptance of the application, or to these terms and conditions for events, as well as waiver of the written form, must be made in writing. Unilateral changes or additions by the customer are ineffective.
  2. Place of performance and payment is the restaurant's registered office.
  3. Exclusive jurisdiction—including for disputes concerning checks and bills of exchange—in commercial transactions is the location of the restaurant. If a contracting party meets the requirements of § 38 para. 2 ZPO [Austrian Code of Civil Procedure] and has no general place of jurisdiction within Austria, the location of the restaurant is considered the place of jurisdiction.
  4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods 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. Otherwise, the statutory provisions shall apply.

Cologne, August 27, 2010