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General Terms and Conditions of the Augustiner-Keller, Christian Vogler, Arnulfstraße 52, 80335 Munich


Preamble

These General Terms and Conditions apply to the Augustiner-Keller and to all on-site catering services provided by the Augustiner-Keller
(hereinafter: referred to as ‘AK’) in the version valid at the time of concluding the contract.

I. Scope

I.1. These Terms and Conditions apply to all contracts, deliveries and other services, in particular hospitality and event contracts, and for all
advance bookings involving the supply of food and beverages.

I.2. They also apply to all other services and deliveries rendered by us to the customer, including those rendered externally.

I.3. The customer’s terms and conditions shall, as a basic principle, not apply; any divergent, opposing or supplementary general terms and
conditions on the customer’s part shall only become a component of the contract when and insofar as we have expressly agreed to their
validity in writing. This approval requirement applies in all cases, including – for example – when we are aware of the customer’s general
terms and conditions and carry out the delivery without reservation.

II. Conclusion of the contract, contractual partner; limitation period

1. The contract comes into force when we accept the customer’s request. We are free to confirm the reservation in writing.

2. The contractual partners are us (AK) and the customer.

III. Services, prices, payment, offsetting

1. We are obligated to keep available the spaces reserved by the customer and to render the agreed services.

2. The customer is obligated to pay the agreed or the applicable price for the services they make use of. This also applies to services, and any
related expenditures, the customer has arranged for us to provide to third parties. Additional services and agency services such as, in
particular, bands, artists, floral decorations and specially printed menus will be invoiced as extra items and are not included in the revenue
guarantee figure.
Once a written order has been placed, the cancellation charge for musicians’ and artists’ fees is 100% of the invoice amount if we receive an
invoice for these fees.

3. Musicians’ and artists’ fees are either settled directly between the event organiser and the persons in question or we invoice them in
advance. The event organiser/customer takes care of any GEMA fees incurred and declares the playlist to GEMA directly, unless otherwise
agreed in writing. We reserve the right to demand corresponding evidence of this from the event organiser/customer.

4. The charge is calculated on the basis of the number of persons booked. The customer is liable for all orders made by their guests. The
calculation is based on the number of people confirmed 2 working days before the event.

5. We reserve the right to demand an advance payment for events. We have the right to demand an advance payment or a security deposit
equal to the amount of the revenue guarantee at the time the contract is concluded or at any later time. The remaining invoice amount will
become due after the event, 14 days after receipt of the invoice. If the advance payment is not paid by the agreed date, we have the right to
withdraw from the contract after setting a reasonable extension. Should the payment still not have arrived in our account on the day of the
event, the amount must be paid in cash or by credit card before the event. An additional fee of 3.5% of the total applies for payments by
credit card.

6. The opening times of the indoor area are Monday to Sunday from 10:00 to 01:00; on the terraces, from Monday to Sunday from 10:00 to
01:00; in the beer garden and in the self-service area, from 11:00 to 24:00. For events that are expected to extend beyond these indicated
times, we reserve the right to charge a night surcharge per hour or part thereof worked by each employee who stays on for your event. The
amount is specified in the event contract. The closing time for our restaurant, in accordance with the preamble, is 24:00 or 01:00. Due to
legal regulations, music of any kind is only permitted until 22:00 for events in the outdoor area.

7. A customer invoice is able to be issued provided there has been prior confirmation in writing and a filled-out Agreement to Cover Costs
form with an exact invoicing address.

8. Our invoices are due in full within 14 days.

9. All of our prices include VAT. Should the period of time between the conclusion of the contract and the performance of the contract be
longer than four months, and should the price we generally charge for such services go up, we have the right to raise the contractually agreed
price accordingly, but by no more than 5%.

10. We also reserve the right to amend the prices if the customer at a later time wishes to change the number of people to be served, or to
change the service provided, and we agree to these changes.

11. In cases of late payment, we have the right to demand the applicable legal default interest for late payment at the current rate of 9
percentage points above the base interest rate, or at a rate of 5 percentage points above the base interest rate in transactions involving a
consumer.

12. The customer can only offset or reduce a claim made by AK with an undisputed or legally established claim against AK.

13. If renting and using the in-house technical equipment (sound system, lighting equipment, projector, etc.), the customer must heed and
comply with the following:

a) only trained staff or AK staff may use the technical equipment.
b) the customer is liable for all damage in full.
c) at the end of the event, the customer must leave all technical equipment as they found it.
14. When hiring from a third-party company, the customer is liable for any damage caused by the third-party company when setting up, etc.

15. Pictures and logos, etc., from the website, and those of AK generally, may only be used with written permission.

IV. The customer’s withdrawal from the contract (cancellation)/Non-use of our services.

1. The customer can only withdraw from the contract (= cancellation) at no charge with our written agreement.

2. If a right of withdrawal at no charge up to a certain date has been agreed, the customer can withdraw from the contract at any time up to
the agreed date without incurring any charge or triggering any claim for damages. This right must be exercised in writing.

3. In the event that the customer has not made use of spaces that they reserved, we offset earnings from giving the space to someone else as
well as expenses saved.

4. 6 weeks or less before the date of the event:
50% of the revenue guarantee. 4 weeks or less before the date of the event: 100% of the revenue guarantee.
We will forego cancellation fees if we are able to re-book the space. If the customer does not make use of their reservation without cancelling
in advance, they will – where they have a pre-ordered menu
or an exclusive booking – be charged 100% of the price of the menus ordered or of the revenue guarantee. If the customer does not make use
of their reservation without cancelling in advance,
they will – where they do not have a pre-ordered menu or an exclusive booking – be charged a cancellation fee of €5.00 per person.
The average value of beverage consumption in our venue, equivalent to €15.00 per person, will also be applied. Where the customer has an à
la carte reservation, we charge a total flat fee of €25.00 per person.
The customer is entitled to prove that the above-stated claim amount was not incurred or was not incurred to this extent.

5. Reserved tables or side rooms are made available to the customer at the time agreed in writing. If the customer does not show up, the
tables or rooms are released after 15 minutes, after which time the customer has no claim on these tables or rooms. Our prior agreement is
required to use the spaces beyond the agreed period of time.
AK’s withdrawal from the contract

1. Where the parties have agreed in writing on a right of withdrawal at no charge for the customer, we also have the right to withdraw from
the contract within this time period.

2. We also reserve the right to withdraw from the contract in the following cases:
  •  − when the customer fails to make an agreed advance payment and still fails to make a payment after a reasonable extension set by
  • us has passed
  •  − when force majeure or other circumstances beyond our control make it impossible to fulfil the contract
  •  – when there are reasonable grounds to assume that the event will endanger the smooth running of the business, or endanger the
  • safety or reputation of the establishment or that of the guests
  •  − when spaces are reserved using misleading or false information regarding key details, e.g. the customer’s personal details or the
  • purpose of the event.
3. In cases where we are entitled to withdraw from the contract, the customer has no claim to compensation.

VI. Liability

1. The customer is liable for all damages caused by the customer themselves or by a participant in or visitor to the customer’s event, or by
any other third party related in any way to the customer.

2. Unless otherwise specified in these General Terms and Conditions, including in the following provisions, we are liable in cases of a
violation of contractual and non-contractual duties in accordance with legal statutes.

3. We are liable for compensation for damages – regardless of the legal reason – within the framework of fault-based liability in cases of
malicious intent and gross negligence. In cases of minor negligence, we are liable subject to a more lenient standard of liability in accordance
with legal statutes (e.g. for diligence in our own affairs) only:

a) for damages arising from injury to life, limb or health,
b) for damages arising from significant violation of a material contractual obligation (an obligation whose fulfilment makes it
possible to perform the contract properly in the first place, and upon whose fulfilment the contractual partner as a rule relies and
may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damages.
4. The liability limitations arising from item 3 also apply in cases of breaches of duty by or that benefit persons whose culpability we are
responsible for according to legal regulations. They do not apply if we maliciously conceal a fault or have provided a guarantee for the
condition of the goods and for claims on the customer’s part arising from product liability law.

5. In cases of a breach of duty that does not involve a fault, the customer can only withdraw from or cancel the contract if we are responsible
for the breach of duty or if a right to withdraw was agreed in accordance with item IV.2.

VII. Limitation period

1. Claims arising from material defects or defects of title or claims for damages shall lapse one year after the beginning of the standard
limitation period of Section 199 Par. 1 of the German Civil Code (BGB), which is triggered by the discovery of the issue. This does not
apply to claims that arise from an intentional or grossly negligent breach of duty or if it involves claims for compensation due to injury to
life, limb or health, or claims arising from product liability.

2. However, if the goods/commodity is a building/structure or an object that, in accordance with its customary application, has been used for
a building/structure (as a material) and has caused it to be faulty, the limitation period is 5 years from delivery in accordance with the legal
regulation (Section 438 Par. 1 No. 2 BGB). Other legal special provisions on limitations remain unaffected (in particular Section 438 Par. 1
No. 1, 74 Par. 3, Sections 444, 47975 BGB).

3. The preceding limitation periods from the sale of goods law also apply to contractual and non-contractual claims for compensation by the
customer that arise from a defect of the goods, unless the application of the standard legal limitation (Sections 195, 199 BGB) would lead to
a shorter limitation period in an individual case.

VIII. Final provisions

1. Changes or additions to the contract, to the acceptance of the application or to these Terms and Conditions must be made in writing. This
also applies to verbal agreements. Unilateral changes or additions made by the customer are invalid.

2. The place of performance and payment is Munich. The place of jurisdiction is Munich, and German law shall apply exclusively.

3. If the customer is a merchant within the meaning of the German Commercial Code (HGB), a corporate body under public law or a special
fund under public law, the sole place of jurisdiction – also internationally – for all disputes arising directly or indirectly from the contractual
relationship is our registered office in Munich. The same applies if the customer is an entrepreneur within the meaning of Section 14 of the
German Civil Code (BGB). However, we are also entitled in all cases to take legal action in accordance with an overriding individual
agreement or at the customer’s place of general jurisdiction. Overriding legal regulations, in particular relating to exclusive jurisdictions,
remain unaffected.

4. German law shall apply exclusively. The application of the UN’s Convention on Contracts for the International Sale of Goods and of
conflict of laws is excluded.

5. Should an individual provision in these General Terms and Conditions prove to be or become invalid or void by law, this shall not affect
the validity of the remaining provisions. In all other respects, the statutory provisions apply.


Augustiner-Keller
Last updated: January 2019