Our team at Restaurant Rustica always endeavours to create an unforgettable experience for our guests and to make your stay with us as pleasant as possible. In order to achieve this, we ask for your understanding that we make reservations and catering in our restaurant only on the basis of the following general terms and conditions:
1. Scope of application
The following regulations apply to all reservations and catering in the Restaurant Rustica. Acceptance of our service is deemed to be acceptance of these General Terms and Conditions. By making a reservation on the basis of these regulations, you agree to their validity for all subsequent transactions, i.e. any future utilisation of the services offered by us. This applies to future reservations regardless of whether they are made verbally (e.g. by telephone), by email or in any other way.
2. Reservations and cancellations
We would like to point out that a binding table reservation, whether directly (by email or telephone) or via a reservation platform, is only valid if all information, in particular the contact details such as telephone number and email address, are correct. Otherwise we will be forced to refuse the reservation and release the reserved seats.
As our restaurant has a limited number of seats and the food we offer is freshly prepared, we cannot offer any great flexibility when reserving the available seats. In particular, we are regularly forced to turn away other guests for larger reservations. The damage caused to us by non-compliance or inappropriately short notice cancellations of reservations is considerable. We therefore ask for your understanding that we reserve the right to claim these damages in accordance with the following regulations:
2.1 We reserve the right to make a reservation in our restaurant (especially at weekends or on other busy days) only if credit card details are provided. We are entitled to charge the respective credit card with the catering price (insofar as this is not paid immediately after the catering in our restaurant) as well as any compensation owed (in accordance with the following regulations).
2.2 Reservations are binding with regard to the reserved time and the number of reserved places. In the case of a group (10 persons or more), cancellations can only be made up to 10 days before the reserved time at the latest and the cancellation costs will be charged.
2.3 If a cancellation is not made by the time specified in section 2.2 at the latest, we are entitled to charge a flat-rate compensation of 30 euros per person for each unused or cancelled seat in the Restaurant Rustica and 75% of the agreed menu price for reservations with special menus. The same applies if the reserved seats are not utilised at the agreed time, i.e. the guests do not appear. If the reserved seats are not taken up within 45 minutes of the reserved time (i.e. the guests announced in this respect do not appear), we are entitled to allocate the seats elsewhere. Sections 2.3 and 2.4 also apply in this case. In this case, however, we shall offset any income that we generate by allocating the seats elsewhere against the compensation in accordance with section 2.3.
2.4 If you are not responsible for the late cancellation or failure to use the reserved seats, we are not entitled to claim compensation. In addition, you are always at liberty to prove that we have not suffered any damage as a result of the late cancellation or no-show or that this is significantly lower than the compensation in accordance with section 2.3. The provisions in sections 2.3 and 2.4 also apply if the guests appear but do not take up the reserved seats but leave our restaurant again.
3. Cancellation of the contract
3.1 Cancellation of the contract must be in writing.
3.2 The Restaurant is entitled to terminate the contract if there is an objective reason for doing so. An objective reason exists in particular if
◦ the customer does not pay the agreed instalment to the restaurant after signing the contract or does not pay it on time, or
◦ circumstances for which the restaurant is not responsible make fulfilment of the contract impossible, or
◦ the customer violates the house rules, or
◦ the restaurant has reasonable grounds to believe that the event may jeopardise the smooth running of the business, the safety or the public reputation of the restaurant, or
◦ insolvency proceedings have been applied for against the customer’s assets. In the event of cancellation, the restaurant shall receive a lump sum of 10% of the agreed contract amount as compensation for expenses. In the event of justified cancellation by the restaurant, the customer shall not be entitled to compensation.
4. Prices and terms of payment
4.1 All prices are quoted in euros including the applicable value added tax, even if not expressly stated as such.
4.2 Our invoices are due for payment without deduction immediately after receipt of the invoice.
4.3 Payments shall not be deemed to have been made to us until they have been credited to one of our accounts, so that we only accept cheques, bills of exchange and acceptances on account of performance. Any charges incurred, in particular in the case of payments or transfers from abroad, regardless of their nature, shall be borne by the debtor. Furthermore, we do not guarantee that cheques, bills of exchange and acceptances will be presented, protested and returned on time.
4.4 If the customer defaults on payment of our invoice, we shall be entitled to demand default interest in the amount of 5 percentage points above the respective base interest rate of the European Central Bank for consumers within the meaning of Section 13 of the German Civil Code (BGB) or in the amount of 8 percentage points above the respective base interest rate of the European Central Bank in all other cases. This shall not affect the assertion of further damages caused by default.
4.5 For all orders, reservations or event bookings, we are entitled to demand 35% of the order value upon conclusion of the contract and a further 35% up to the tenth working day before we provide the service as advance payment. The advance payments are to be made in cash or by bank transfer to the account specified by us in each case.
4.6 If the customer is in arrears with the settlement of advance payments, we shall be entitled to withhold or suspend all services, in particular preparatory services, until payment has been made or to withdraw from the contract.
4.7 If circumstances arise, in particular the initiation of enforcement measures, which give rise to doubts about the creditworthiness of our customer, we may demand advance payments up to the full order amount or withdraw from the contract. If we withdraw from the contract in such a case, we shall be entitled to demand an additional 25% of the gross order amount as liquidated damages. The assertion of further damages remains unaffected by this.
5. Warranty
In cases of force majeure, the restaurant is released from its obligation to perform.
6. Liability/statute of limitations
6.1 The restaurant is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the restaurant is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the restaurant and damages based on an intentional or negligent breach of typical contractual obligations by the restaurant. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the restaurant.
Should disruptions or defects occur in the restaurant’s services, the restaurant shall endeavour to remedy the situation if it becomes aware of them or if the customer complains immediately. The customer is obliged to do what can reasonably be expected of him to remedy the disruption and minimise any possible damage. In addition, the customer is obliged to inform the restaurant in good time of the possibility of exceptionally high damages.
6.2 The restaurant shall only be liable to the customer for lost or damaged items if it can be proven that the loss or damage was caused by a wilful or grossly negligent breach of duty attributable to the restaurant. The burden of proof lies with the customer.
6.3 All claims against the restaurant are generally time-barred one year after the statutory limitation period begins. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the restaurant.
7. Place of fulfilment
The place of fulfilment and jurisdiction is the registered office of Restaurant Rustica in Lippstadt.
8. Severability clause
Should individual provisions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by such agreements that correspond in a permissible manner to the legal and economic content of the agreement reached.