General Terms and Conditions of Business
Our team at Restaurant Horváth always strives to create an unforgettable experience for our guests and to make their visit as pleasant as possible. To ensure that we succeed in this aim, we would ask you to appreciate that we can only accept reservations and serve you in our restaurant on the basis of the following General Terms and Conditions of Business:
The following rules apply to all reservations and hospitality offered in Restaurant Horváth. Acceptance of our services is deemed to be recognition of these General Terms and Conditions of Business. By making a reservation on the basis of these rules, you accept their validity for all subsequent transactions, i.e. any availment in the future of the services offered by us. This applies to future reservations regardless of whether these are made verbally (i.e. by phone), by email or in any other form.
2. Reservations and cancellations
As our restaurant only has a limited number of places and the dishes we offer are always freshly and elaborately prepared, we cannot offer any great flexibility in assigning and reserving the existing places. In particular, we are regularly forced to turn other guests away whenever we have a large number of reservations. Against this background, we therefore suffer a considerable loss if a reservation is not kept or if it is cancelled at inappropriately short notice. We would therefore ask you to appreciate that we reserve the right to demand compensation for this loss in accordance with the following rules. Please also understand that in such a case we will not inform you again separately.
2.1 We reserve the right only to accept reservations in our restaurant against your credit card details (especially at the weekend or other busy days). We are entitled to charge the price of the meal (unless this is paid directly after the meal in our restaurant) as well as any compensation owed (in accordance with the following rules) to your credit card. This also applies to the price of meals or compensation resulting from subsequent transactions (cf. Clause 1).
2.2 Reservations are binding with regard to the time reserved and the number of places reserved (i.e. number of guests announced). However, you can cancel your reservation completely or partially (i.e. with respect to individual places/guests) no later than 24 hours before the reserved time in accordance with the following rules without incurring any costs: - for a reservation for a maximum of 6 persons, no later than 24 hours before the time reserved, - for a reservation for a maximum of 16 persons, no later than 5 days before your reservation date and time. Our special terms and conditions for event contracts apply to reservations for more than 16 persons.
2.3 If a cancellation is made later than the time specified in Clause 2.2, we will be entitled to charge a flat-rate compensation fee of EUR 120 for every place not used or cancelled . The same applies if the places reserved are not taken up at the time reserved, i.e. the guests do not arrive or not in the numbers announced.
2.4 If you are not responsible for the late cancellation or for not taking up the places which you reserved, we are not entitled to demand compensation. The burden of proving that the cancellation or non-availment of the reserved places was not your responsibility, lies with you. This applies in particular in case that a visit is only possible with a negative Corona test result due to official regulations of the state of Berlin. If you are unable to make your visit due to a positive Corona test result, the corresponding positive test proof, carried out by a certified test center, is to be emailed to firstname.lastname@example.org without being requested. In this case we refrain from charging a fee. You are also free to provide evidence that that we did not suffer any loss as a consequence of the late cancellation or non-appearance, or that the loss suffered was significantly lower than the compensation under Clause 2.3.
2.5 If the places reserved are not taken up 30 minutes after the reserved time at the latest (i.e. the guests announced do not appear). we will be entitled to give the places to other guests. Clauses 2.3 and 2.4 also apply in this case. In this case, however, income received from giving the places to other guests must and will be set off against the compensation under Clause 2.3.
2.6 The rules contained in Clause 2.5 also apply if the guests appear but do not take up the places reserved for them and leave the restaurant again. This applies, in particular, in the event that more persons appear than announced in the reservation and we are not able to provide further seats. We would ask for your appreciation in this matter as we are tied to a certain spatial arrangement as well as to a maximum number of guests due to our space concept and existing regulatory obligations.
2.7 Cancellations can only be made by email to email@example.com or our reservation system.
3. Exclusive booking / events
An event contract will be signed for booking/reserving events. The terms and conditions agreed in the contract apply.
Unless otherwise agreed, the following payment terms apply:
4.1 Payments must be made in euros and always in cash, by credit card (VISA, American Express, Mastercard) or EC payment (and Maestro).
4.2 We are not obliged to accept 200 euro notes or 500 euro notes as a means of payment. We would ask for your appreciation that we only keep a limited amount of change in the restaurant every evening and that our service personnel cannot suddenly go to other restaurants to ask for change for large notes.
We issue only monetary vouchers. Monetary vouchers are vouchers that relate to a specific amount of money (e.g. EUR 100.00). The following terms apply to the redemption of vouchers:
5.1 A voucher can only be used to pay for meals and drinks offered and consumed in our restaurant. Crediting for out-of-home products or merchandise sales is not possible. It is not possible to cash in vouchers. We would ask for your appreciation.
5.2 A voucher can only be used once in relation to the relevant service or the particular monetary value.
5.3 Unused amounts of a monetary voucher can be used during a later visit to the restaurant. Unfortunately it is not possible to cash in unused amounts.
The following terms apply to our liability for compensation and reimbursement of expenses resulting from a contract or other legal reasons:
6.1 We have unlimited liability in accordance with statutory regulations for damages caused wilfully or through gross negligence by ourselves, our legal representatives or agents.
6.2 We are only liable for damages caused negligently by ourselves, our legal representative or agents if:
6.2.1 important contractual duties are breached. These are duties whose fulfilment enables the contract to be properly executed in the first place and on the observance of which our guests usually rely and are entitled to rely. Duties which arise from the nature of the contract and any breach of which would put the achievement of the contractual purpose at risk, are also deemed to be important.
6.2.2 duties to respect rights, legal rights and the interests of guests are breached and it is no longer reasonable to expect them to accept our services.
6.3 In the cases specified in Clause 6.2, our liability is limited to foreseeable damages typical for the contract. In all other cases we not liable for simple negligence.
6.4 The liability restrictions under Clauses 6.2 and 6.3 do not apply to damages resulting from injury to life, limb or health. Neither do they apply to claims arising from the Product Liability Act due to fraudulently concealed defects or arising from a warranty nor to all other cases in which statutory liability rules are mandatory.
6.5 The above rules in this Clause 6 apply accordingly to any personal liability on the part of our statutory bodies, representatives and agents.
7. Severability Clause
Should individual provisions be partially or wholly invalid, this will not affect the validity of the remaining provisions. Invalid provisions will be replaced by provisions which correspond to the legal and financial contents of the agreement reached in a legally acceptable form.