Terms and Conditions
Terms and Conditions
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1. General Terms and Conditions for Our Webshop
2. General Terms and Conditions of Gastronomie Service
3. General Terms and Conditions for Catering and Banquet
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1. General Terms and Conditions of Gastronomie Service American Bagel / Bleibergs Feinkost, Gastro GmbH for our Online Shop
§ 1 General Provisions, Scope
I. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts between Gastronomie Service Bleibergs Feinkost, Gastro und Reiseservice GmbH (hereinafter referred to as “Bleibergs GmbH”) and the customer using the online services of Bleibergs GmbH (hereinafter referred to as the “Buyer”).
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The GTC apply to the use of the website www.americanbagel.de as well as all subdomains belonging to this domain. The version valid at the time the contract is concluded shall be decisive. The contract language is German.
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II. A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.
III. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction with Bleibergs GmbH, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of Contract
I. By placing an order, the buyer makes a binding offer to purchase the selected goods. Bleibergs GmbH accepts this offer by sending the ordered goods. The prices and details listed on the day of the order apply.
II. For orders placed via the internet, Bleibergs GmbH will confirm receipt of the order by email. This confirmation of receipt does not constitute an order confirmation. Bleibergs GmbH reserves the right to accept the order by sending an order confirmation within 3 days. This confirmation will be sent via email. If no confirmation is sent within this time frame, the offer is considered rejected.
III. In individual cases (e.g., unpaid invoices or insolvency), Bleibergs GmbH may reject orders, limit quantities, or request advance payments.
§ 3 Right of Withdrawal for Consumer Contracts
Right of Withdrawal
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You have the right to withdraw from this contract within 14 days without giving any reason, either in written form (e.g., letter or email) or - if the goods have been delivered before the deadline - by returning the goods.
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The withdrawal period is 14 days from the day you or a third party designated by you (who is not the carrier) take possession of the last item (in the case of recurring deliveries, not before receipt of the first partial delivery).
To exercise your right of withdrawal, you must provide us with a clear statement of your decision to withdraw from this contract:
By mail:
American Bagel
Bleibergs Feinkost, Gastro GmbH
Nürnberger Str. 45A, 10789 Berlin
By email: kontakt@americanbagel.de
Online: https://www.americanbagel.de/kontakt/
To meet the withdrawal deadline, it is sufficient that you send the notice before the end of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you (including delivery costs) promptly and no later than 14 days from the day we received your withdrawal notice. The refund will be made using the same payment method you used for the original transaction, unless explicitly agreed otherwise. You will not incur any fees for this refund. We may withhold the refund until we have received the goods back.
You must return or hand over the goods immediately and no later than 14 days from the date you notified us of your withdrawal to:
American Bagel
Bleibergs Feinkost, Gastro GmbH
Nürnberger Str. 45A, 10789 Berlin
The deadline is met if you dispatch the goods before the 14-day period has expired. Returnable items must be returned at your own risk. You bear the cost of return shipping if the delivered goods match what you ordered and the value of the goods does not exceed €40 or, if more, you have not yet made the corresponding payment or partial payment. Otherwise, we will cover the return shipping costs. Items that cannot be sent as parcels will be collected.
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You will only be liable for any loss in value of the goods if this loss in value is due to handling beyond what is necessary to examine the condition, characteristics, and functionality of the goods.
End of Withdrawal Policy
§ 4 Delivery and Shipping Costs
I. Unless otherwise agreed, delivery shall be made to the delivery address specified by the buyer. Shipping typically takes place 7 days a week during business hours, following the dispatch of the order confirmation.
II. Packaging and shipping costs depend on the specific case and will be charged separately to the buyer. For international deliveries, unless otherwise agreed, packaging and shipping costs will be calculated separately based on weight.
III. If the buyer requests a specific shipping method that incurs higher costs, they shall bear the additional costs incurred.
IV. If the purchase does not qualify as a consumer goods purchase (§ 474 (1) of the German Civil Code – BGB), the risk transfers to the buyer as soon as the goods are handed over to the shipping carrier.
§ 5 Right of Withdrawal (Seller’s Right to Cancel)
I. Bleibergs GmbH is entitled to withdraw from the contract, including with regard to any outstanding parts of the delivery or service, if false information has been provided regarding the buyer’s creditworthiness, or if there are objective reasons to believe the buyer is insolvent (e.g., initiation of insolvency proceedings or rejection of such proceedings due to lack of sufficient assets). Before withdrawing, the buyer shall be given the opportunity to make an advance payment or provide suitable security.
II. Without prejudice to any claims for damages, in the event of a partial withdrawal, services already rendered shall be settled and paid for in accordance with the contract.
§ 6 Returns
I. In the case of returns of goods that can be shipped as parcels, the buyer must package the items in a way that protects them from typical transport risks. If possible, we recommend using the original product packaging for the return.
II. Returns should be sent to the following address:
American Bagel
Bleibergs Feinkost, Gastro GmbH
Nürnberger Str. 45A, 10789 Berlin
§ 7 Prices
The prices listed in the online shop include the applicable statutory VAT. If there are shipping costs, these will be listed separately.
§ 8 Terms of Payment
I. Payment for the goods may be made by invoice, in cash, or by credit card. We reserve the right to accept or exclude specific payment methods in individual cases.
II. When paying by invoice, the buyer agrees to pay the invoice amount before receiving the goods.
III. The buyer is deemed to be in default at the latest when they fail to fulfill their payment obligations within the payment period specified on the invoice or contractually agreed upon, after the due date and receipt of the invoice. While in default, the buyer is liable for all negligence. The buyer is also liable for damages caused by accident, unless such damage would have occurred even with timely performance.
IV. The purchase price is subject to interest during the default period. The default interest rate is 8 percentage points above the base interest rate per annum.
V. For each reminder issued after the onset of default, the buyer will be charged reminder fees. If an invoice is not paid or is reversed due to a credit card dispute, Bleibergs GmbH is also entitled to charge a flat-rate fee and any incurred bank fees.
VI. The assertion of further damages is not excluded.
§ 9 Retention of Title
Until full payment has been made, the goods remain the property of Bleibergs GmbH. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or transformation is not permitted without the express consent of Bleibergs GmbH.
§ 10 Warranty
I. The statutory warranty law applies.
II. If the buyer is not a consumer as defined in § 13 of the German Civil Code (BGB), the buyer must inspect the delivered goods immediately upon receipt for quality and quantity deviations and must report any apparent defects in writing to Bleibergs GmbH within one week. Otherwise, any warranty claim is excluded. Hidden defects must be reported in writing within one week after discovery. Timely dispatch of the notice is sufficient to meet the deadline. In this case, the burden of proof lies with the customer for all claim prerequisites—especially for the defect itself, the time of its discovery, and the timeliness of the complaint.
III. In the case of defects, Bleibergs GmbH may choose to provide warranty service by rectification or replacement delivery.
IV. Damage resulting from improper or non-contractual actions by the buyer during installation, connection, operation, or storage shall not constitute grounds for claims against Bleibergs GmbH.
§ 11 Limitation of Liability
I. Bleibergs GmbH shall only be liable for damages other than those resulting from injury to life, body, or health if these damages are caused by intentional or grossly negligent behavior, or by the culpable breach of a material contractual obligation by Bleibergs GmbH or its vicarious agents.
A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on which the customer may regularly rely. Any further liability for damages is excluded. Claims arising from a guarantee provided by Bleibergs GmbH for the condition of the purchased item and under the Product Liability Act remain unaffected.
II. Bleibergs GmbH will endeavor to provide uninterrupted access to the service. However, despite all due care, downtime cannot be ruled out. Therefore, we do not guarantee the continuous availability of our online shop.
§ 12 Set-Off / Right of Retention
I. The buyer is not entitled to offset their own claims against payment claims of Gastronomie Service Bleibergs GmbH, unless the buyer's claims are undisputed or have been legally established by a court of law.
II. The buyer is not entitled to assert rights of retention - even in the case of complaints regarding defects - against payment claims of Gastronomie Service Bleibergs GmbH, unless these rights arise from the same contractual relationship.
§ 13 Data Protection
As part of processing contracts, Gastronomie Service Bleibergs GmbH collects data from the buyer. All necessary measures are taken to protect the personal data provided by the buyer and to comply at all times with applicable national and European data protection regulations. Further details can be found at:
https://www.americanbagel.de/datenschutz/
§ 14 Choice of Law and Jurisdiction
I. German law shall apply to these General Terms and Conditions and to the conclusion and execution of all contracts.
II. If the buyer is a merchant, a legal entity under public law, or a special public law fund, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of Bleibergs GmbH in Berlin. The same applies if the buyer has no general place of jurisdiction within Germany, relocates their residence or usual place of stay abroad after concluding the contract, or if their place of residence or usual place of stay is unknown at the time legal proceedings are initiated.
§ 15 Severability Clause
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If one or more provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory provision.
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2. General Terms and Conditions for Event Contracts at the Restaurant American Bagel, Nürnberger Str. 45A, 10789 Berlin, operated by Bleibergs Feinkost, Gastro GmbH
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§ 1 General Provisions, Scope
I. These terms and conditions apply to all related services and deliveries of the restaurant American Bagel (Bleibergs Feinkost, Gastro GmbH), hereinafter referred to as “the Restaurant”.
II. The Restaurant reserves the right to allocate spaces/seats other than those specified in the booking to the guest(s)/customer(s) for the purpose of holding the event, provided that such reassignment is reasonable for the customer, taking into account the interests of the Restaurant.
III. The subletting or re-letting of the assigned rooms or spaces as well as the invitation to interviews, sales events, or similar events with significant public visibility requires the prior written consent of the Restaurant. This also applies to publications in newspapers or similar media.
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§ 2 Conclusion of Contract, Orders
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I. The contract is concluded when the restaurant accepts (confirms) the booking request from the organizer/customer; these parties are considered contractual partners. By signing, the organizer/customer fully acknowledges and accepts all contractual elements and services.
II. The restaurant is liable for its contractual obligations. However, this liability is limited to service deficiencies that are due to intent or gross negligence on the part of the restaurant, except where the deficiency relates to a service typical for this kind of contract. Furthermore, the organizer is obliged to inform the restaurant in due time of any potential risk of damage.
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III. The limitation period for all claims of the organizer/customer is six months. This limitation and shortened limitation period also apply to breaches of obligations during contract initiation and in cases of positive breach of contract, in favor of the restaurant.
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§ 3 Services, Price, Payment, Set-Off
I. The restaurant is obliged to provide the services ordered by the organizer and confirmed by the restaurant. All food and beverages are intended for consumption on the premises only. The organizer is obligated to pay the agreed prices for these services. This also applies to services and expenses incurred by the restaurant in connection with the event on behalf of third parties. The agreed prices include the applicable statutory VAT. If statutory regulations increase the included VAT, the restaurant is entitled to adjust the agreed prices accordingly without prior approval by the organizer. If more than four months pass between contract conclusion and fulfillment, and the restaurant’s general prices for such services have increased, the restaurant may reasonably increase the contractually agreed price by a maximum of 10%.
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II. For events that extend beyond 11:00 p.m., the restaurant reserves the right to charge an additional hourly surcharge for personnel costs, which depends on the nature and scale of the event.
III. Invoices issued without a specific due date are payable in full within fourteen (14) days of receipt. In case of delayed payment, the restaurant is entitled to charge interest at a rate of 5% above the base interest rate of the European Central Bank. The restaurant also reserves the right to charge reminder fees.
IV. If an advance payment has been agreed upon and is not received on time, the restaurant is entitled to withdraw from the contract without penalty. The organizer/customer may only offset or reduce amounts owed to the restaurant with undisputed or legally established claims.
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§ 4 Delivery and Shipping Costs
I. Unless otherwise agreed, delivery is made to the delivery address provided by the buyer. Deliveries are typically made seven days a week during business hours after dispatch of the order confirmation.
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II. Packaging and shipping costs depend on the specific case and are charged separately to the buyer. For deliveries abroad, unless otherwise agreed, packaging and shipping costs will be calculated separately based on weight.
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III. If the buyer requests a special method of shipping that incurs higher costs, they must bear the additional costs.
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IV. If the purchase is not considered a consumer goods transaction (§ 474 Section 1 BGB), the risk is transferred to the buyer once the goods are handed over to the shipping carrier.
§ 5 Right of Withdrawal
I. The restaurant is entitled to withdraw from the contract for objectively justified reasons, including but not limited to the following:
1. Force majeure or other circumstances beyond the restaurant’s control make it impossible to fulfill the contract.
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2. Events are booked under misleading or false information regarding essential facts, such as the identity of the organizer or the purpose of the event.
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3. The restaurant has justified reason to believe that the event could endanger the smooth running of business operations, the safety, or the public reputation of the restaurant, even if this is not attributable to the restaurant’s area of control or organization.
In such cases, the restaurant must inform the organizer immediately of the withdrawal. The organizer shall have no claim for damages against the restaurant, except in cases of intentional misconduct or gross negligence by the restaurant.
II. If the organizer withdraws from the contract, the restaurant is entitled to claim compensation for damages, provided that the venue cannot be rebooked. Cancellation must be submitted in written form. The effective date for calculating deadlines is the date the cancellation is received by the restaurant.
Right of Withdrawal Instructions (Organizer’s Right to Cancel)
Right of Withdrawal Instructions (Organizer’s Right to Cancel)
The organizer has the right to withdraw from the event contract within fourteen (14) days without providing any reason. The withdrawal period is fourteen (14) days from the day the contract is concluded. To exercise the right of withdrawal, the organizer must inform the restaurant of their decision to withdraw by means of a clear declaration (e.g., by letter or email):
By mail:
American Bagel
Bleibergs Feinkost, Gastro GmbH
Nürnberger Str. 45A, 10789 Berlin
By email: kontakt@americanbagel.de
Online: https://www.americanbagel.de/kontakt/
Consequences of Withdrawal
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If the organizer withdraws from the contract, the restaurant will refund all advance payments received from the organizer without delay, and no later than fourteen (14) days from the date on which the restaurant received notice of the withdrawal. The refund will be made using the same payment method the organizer used in the original transaction, unless expressly agreed otherwise. Under no circumstances will the organizer incur fees for the refund.
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If the organizer requested that services begin during the withdrawal period, the organizer must pay the restaurant a reasonable amount corresponding to the proportion of services already provided by the time the restaurant was informed of the withdrawal, compared to the full scope of services defined in the contract.
III. Cancellations made by the customer within 7 to 5 days before the scheduled event are subject to the following charges:
1. Up to five days before the event – 25% of the expected food revenue
2. Up to three days before the event – 50% of the food cost
3. Up to two days before the event – 75% of the menu price
4. Less than 24 hours before the event – 100% of the expected food revenue
Food revenue is calculated based on the formula: menu price × number of people. If no specific menu price has been agreed upon, the calculation is based on the lowest-priced 3-course menu from the current event offerings. Any saved expenses are considered accounted for in this calculation. The organizer is entitled to provide evidence of lesser damage, and the restaurant may provide evidence of greater damage.
§ 6 Changes to the Number of Participants and/or Event Time
I. The general cancellation terms also apply to any reduction in the number of participants.
II. If the number of participants increases, the actual number of attendees will be billed.
III. If the agreed start or end times of the event are changed without the restaurant’s prior written consent, the restaurant may charge additional costs for staff and operational readiness, unless the restaurant is at fault.
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§ 7 Bringing Food and Beverages
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I. The organizer/guest(s) are generally not permitted to bring food or beverages into the restaurant for the event. Exceptions require a written agreement with the restaurant.
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§ 8 Technical Equipment and Connections
I. If the restaurant obtains technical or other equipment from third parties at the request of the organizer, it does so in the name of, with the authority of, and at the expense of the organizer. Rental and/or provision costs are usually agreed upon before the event.
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II. The organizer is responsible for the careful handling and proper return of such equipment. The organizer shall indemnify the restaurant against any third-party claims resulting from the use of these facilities.
III. The use of the organizer’s own electrical equipment connected to the restaurant’s power supply requires written approval. Any malfunctions or damage caused to the restaurant’s technical systems by such equipment will be the responsibility of the organizer, unless the restaurant is at fault. The restaurant may calculate and charge a flat rate for any electricity costs incurred as a result.
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IV. The restaurant will endeavor to promptly resolve any malfunctions in technical or other facilities it provides. Payments may not be withheld or reduced, provided the restaurant is not responsible for the malfunction.
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§ 9 Items Brought Into the Venue
I. Any exhibits or other items, including personal belongings, brought into the restaurant premises are stored at the organizer’s risk. The restaurant assumes no liability for loss, destruction, or damage - except in cases of gross negligence or intentional misconduct.
II. Any decorative materials brought in must comply with fire safety regulations. The restaurant may require official proof of compliance. Due to potential damage risks, the setup and installation of items must be coordinated with the restaurant in advance.
III. Any items brought in must be removed immediately after the event. If the organizer fails to do so, the restaurant may remove, store, and dispose of the items at the organizer’s expense. If items remain in the event space, the restaurant may charge a rental fee for the duration of their stay. The organizer is entitled to prove lower damages; the restaurant may prove higher damages. For items intentionally left by the organizer for disposal, the restaurant is entitled to charge for the disposal service.
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§ 10 Organizer’s Liability
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I. The organizer is liable for all damage to the building or its furnishings caused by event participants, visitors, employees, third parties from their sphere of responsibility, or the organizer themself.
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II. The restaurant may require the organizer to provide appropriate security (e.g., insurance, deposits, guarantees).
§ 11 Data Protection
As part of the processing of contracts, the restaurant collects data from the organizer. All necessary measures are taken to protect the personal data provided by the organizer and to ensure compliance with applicable national and European data protection regulations at all times.
Further details can be found at:
https://www.americanbagel.de/datenschutz/
§ 12 Governing Law and Jurisdiction
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I. German law shall apply to these General Terms and Conditions as well as to the conclusion and execution of all contracts.
II. If the organizer is a legal entity under public law or a special fund under public law, the registered office of the restaurant (Berlin) shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the organizer does not have a general place of jurisdiction in Germany, moves their residence or usual place of stay abroad after contract conclusion, or if their place of residence or usual stay is unknown at the time legal action is filed.
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§ 13 Severability Clause
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Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the corresponding statutory provision.
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3. General Terms and Conditions for Catering and Banquet Event Contracts Outside the Restaurant American Bagel (Nürnberger Str. 45A, 10789 Berlin), Bleibergs Feinkost, Gastro GmbH
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§ 1 General Provisions, Scope
I. These terms and conditions apply to all related services and deliveries provided by the restaurant Bleibergs (Bleibergs Feinkost, Gastro GmbH), hereinafter referred to as "American Bagel / BLEIBERGS GMBH".
II. These general terms and conditions apply to all services offered by BLEIBERGS GMBH to its contracting parties (organizers). Any legal relationships between the organizer and third parties do not affect the legal relationship between BLEIBERGS GMBH and the organizer. The organizer's own terms and conditions apply only if expressly agreed upon in writing. The contract is considered concluded as soon as catering services, the restaurant, other rooms, or other services and deliveries have been ordered and confirmed - this can also be done orally, by email, fax, telephone, or in person.
§ 2 Conclusion of Contract, Orders
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I. If the organizer is not the ordering party themselves or if a commercial intermediary or event planner is engaged by the organizer, those parties shall be jointly and severally liable with the organizer for all contractual obligations. If American Bagel / BLEIBERGS GMBH is hindered in fulfilling its services due to force majeure or strike, this shall not give rise to any claim for damages.
II. BLEIBERGS GMBH holds commercial liability insurance. The organizer is hereby advised that they are responsible for arranging any extended insurance coverage if necessary.
III. Fees for musicians and artists commissioned through BLEIBERGS GMBH must be provided in advance by the organizer. Any GEMA fees (German performance rights organization) are generally borne by the organizer, who is also responsible for the necessary registrations.
§ 3 Services, Prices, Payment, Set-Off
I. All prices for commercial transactions are stated exclusive of VAT; for private customers, prices include VAT. Offers referring to the restaurant always include VAT. Invoices must be paid in full within 14 days of receipt, and the invoice may be sent by fax or email. Payment is considered overdue by the 11th day after the invoice is received, without the need for further notice. In such cases, BLEIBERGS GMBH is entitled to charge statutory interest. BLEIBERGS GMBH also reserves the right to request an advance payment prior to the event. The same payment terms apply as for regular invoices.
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II. For events that extend beyond 11:00 PM, the restaurant reserves the right to charge an hourly surcharge for staff costs, depending on the nature and scope of the event.
§ 4 Right of Withdrawal
I. The restaurant American Bagel / BLEIBERGS GMBH is entitled to withdraw from the contract for objectively justified reasons, including but not limited to:
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1. Force majeure or other circumstances beyond the restaurant’s control make it impossible to fulfill the contract.
2. The event was booked under misleading or false information regarding essential facts (e.g., identity of the organizer or the purpose of the event).
3. The restaurant has reason to believe that the event may endanger business operations, safety, or the public reputation of the restaurant, even if such risk is not attributable to the restaurant's organizational sphere.
The restaurant must inform the organizer immediately upon exercising the right of withdrawal. The organizer is not entitled to claim damages unless the restaurant acted intentionally or with gross negligence.
II. If the organizer withdraws from the contract, the restaurant may claim damages if the venue cannot be rebooked. Cancellations must be made in writing. The effective date is the date the restaurant receives the cancellation notice.
Right of Withdrawal - Instructions
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The organizer has the right to withdraw from the event contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the date the contract is concluded. To exercise the right of withdrawal, the organizer must notify the restaurant with a clear statement (e.g., a letter sent by post or email) of their decision to withdraw from the contract.
By post:
American Bagel
Bleibergs Feinkost, Gastro GmbH
Nürnberger Str. 45A, 10789 Berlin
By email: kontakt@americanbagel.de
Online: https://www.americanbagel.de/contact/
Consequences of Withdrawal
If the organizer withdraws from the contract, American Bagel / BLEIBERGS GMBH will refund all advance payments already made by the organizer immediately and no later than fourteen (14) days after receipt of the withdrawal notice. The refund will be made using the same payment method used by the organizer in the original transaction, unless otherwise agreed; in no case will the organizer incur any fees for the refund. If the organizer requested that services begin during the withdrawal period, they must pay the restaurant a reasonable amount corresponding to the portion of services already rendered by the time the restaurant received notice of the withdrawal.
III. Cancellations by the customer from 14 days before the event are subject to the following charges:
1. Up to 10 days before the event – 25% of the expected food revenue
2. Up to 5 days before the event – 50% of the food costs
3. Up to 2 days before the event – 75% of the menu price
4. Less than 24 hours before the event – 100% of the expected food revenue
The food revenue is calculated as: menu price × number of persons. If no menu price has been agreed upon, the lowest-priced 3-course menu from the current event offering will be used as the basis. Any savings in expenses are already accounted for in this calculation. The organizer may prove lower damages, and the restaurant may prove higher damages.
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§ 5 Changes to the Number of Participants and/or Event Time
I. The general cancellation conditions also apply to any reduction in the number of participants.
II. The organizer is obliged to notify American Bagel / BLEIBERGS GMBH of the guaranteed number of participants no later than three (3) days before the event.
If the actual number of participants is only communicated within a period of 3 days to 24 hours prior to the event, a 10% express surcharge will be added to the quoted price.
Any changes made less than 24 hours before the event, or failure to provide the guaranteed number of participants, will result in American Bagel / BLEIBERGS GMBH providing the services as originally quoted. Any disadvantages resulting from this shall not be the responsibility of American Bagel / BLEIBERGS GMBH.
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III. If the actual number of participants deviates by more than 10%, American Bagel / BLEIBERGS GMBH is entitled to adjust the agreed prices as follows:
For deviations between 10–20%: a price increase of 15%
For deviations above 20%: up to 20% surcharge
If the deviation exceeds 40%, BLEIBERGS GMBH is entitled to refuse to provide the service.
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§ 6 Bringing Food and Beverages
I. The organizer/guest(s) are generally not allowed to bring food or beverages to the event. Exceptions must be agreed upon in writing.
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§ 7 Technical Equipment and Connections
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I.
If the restaurant procures technical or other equipment from third parties at the organizer’s request, it does so in the name of, with the authority of, and at the expense of the organizer. Rental or service charges are generally agreed upon before the event.
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For off-site catering, the organizer shall provide the necessary technical equipment free of charge to American Bagel / BLEIBERGS GMBH.
If this is not done at least 6 hours before the event, American Bagel / BLEIBERGS GMBH reserves the right to procure the necessary equipment and charge the organizer the actual costs plus an additional 25% handling fee.
If the organizer fails to provide the required equipment, American Bagel / BLEIBERGS GMBH may cancel the event up to its scheduled start. In such case, the organizer is obligated to pay 70% of the anticipated food and beverage revenue (based on the food revenue formula stated above).
II. The organizer is responsible for the proper handling and return of all provided equipment. The organizer shall indemnify the restaurant from any third-party claims arising from the use of this equipment.
III. The use of the organizer's own electrical equipment connected to the restaurant’s power supply requires written consent. Any disruptions or damage caused to the restaurant’s technical equipment due to the organizer’s devices are the organizer’s responsibility, unless the restaurant is at fault. The restaurant may apply a flat-rate electricity usage charge.
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IV. Malfunctions in equipment provided by the restaurant will be remedied as quickly as possible. Payments may not be withheld or reduced unless the restaurant is at fault for the malfunction.
§ 8 Items Brought to the Venue
I. Any exhibits, personal belongings, or other items brought to the event are stored at the organizer’s own risk. The restaurant assumes no liability for loss, destruction, or damage to these items — except in cases of gross negligence or intentional misconduct by the restaurant.
II. Any decorative materials brought in by the organizer must comply with fire safety regulations. The restaurant American Bagel / BLEIBERGS GMBH is entitled to request official proof of compliance. Due to the risk of potential damage, the setup and installation of such items must be coordinated with the restaurant in advance.
III. Any official permits required for the event must be submitted to American Bagel / BLEIBERGS GMBH at least 48 hours prior to the event. If the organizer fails to provide such documentation in time, the restaurant is entitled to cancel the contract and charge 70% of the expected food and beverage revenue (as calculated by the previously mentioned food revenue formula).
If the restaurant is to obtain the necessary permits on behalf of the organizer, a flat fee of €100.00 plus any applicable fees will be charged.
§ 9 Non-Identity Between Organizer and Client
I. The sole contractual partner of American Bagel / BLEIBERGS GMBH is the organizer. American Bagel / BLEIBERGS GMBH does not enter into additional agreements with third parties — responsibility for such arrangements lies solely with the organizer.
If the organizer fails to submit a declaration confirming this, the restaurant is entitled to withdraw from the contract at any time before the event, and charge 70% of the expected food and beverage revenue as compensation (based on the standard food revenue formula).
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§ 10 Organizer’s Liability
I. The organizer is liable for any damage to the building or its furnishings caused by event participants, guests, employees, third parties acting on behalf of the organizer, or the organizer themselves.
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II. The restaurant may require the organizer to provide appropriate security, such as insurance, deposits, or guarantees.
§ 11 Data Protection
In the course of executing contracts, American Bagel / BLEIBERGS GMBH collects personal data from the organizer. All necessary measures are taken to protect this data and to comply with applicable national and European data protection regulations at all times.
Further details can be found at: https://www.americanbagel.de/datenschutz/
§ 12 Governing Law and Jurisdiction
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I. These General Terms and Conditions (GTC), as well as the conclusion and execution of all related contracts, are subject to German law.
II. If the organizer is a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the restaurant (Berlin). The same applies if the organizer does not have a general place of jurisdiction in Germany, relocates abroad after concluding the contract, or if the place of residence or usual location is unknown at the time of legal action.
III. The restaurant reserves the right to correct any errors in writing, printing, or calculation.
§ 13 Severability Clause
If one or more provisions of these GTC are or become invalid, this does not affect the validity of the remaining provisions. Any invalid clause shall be replaced by the applicable statutory provision.