general terms and conditions.
General Terms and Conditions
El Pradiso Gastronomie GmbH
Our whole being. Team strives with great personal commitment to ensure that every single guest can spend a wonderful time with us. In order for this to succeed, we ask for your understanding that we can only make reservations and catering in our restaurant on the basis of the following terms and conditions:
1. Scope of application The following regulations shall apply to all reservations and catering in our restaurant Sosein as well as to all events and functions carried out by El Paradiso Gastronomie GmbH. By making a reservation on the basis of these regulations, you also agree to their validity for all subsequent transactions, i.e. any future use of the services offered by us. This applies to future reservations regardless of whether they are made orally (e.g. by telephone), by e-mail or by other means.
2. Reservations and Cancellations We would like to point out that a binding table reservation, either directly (by email, fax or telephone) or via a reservation platform, will be confirmed only, if all information, in particular the contact data such as telephone number and email address are correct. We shall otherwise refuse to accept the reservation and to release the reserved seats. Since our restaurant has only a limited number of seats and the meals we offer are always fresh and elaborately prepared, we cannot offer much flexibility in the allocation and reservation of the available seats. In particular, in the case of larger reservations, we regularly have no other option than deny other guests’ reservation inquiries. Against this background, the damage we suffer as a result of non-compliance or inappropriately short-term cancellation of reservations is considerable. We therefore ask for your understanding that we reserve the right to assert this damage in accordance with the following provisions if necessary. Please also understand that we will not notify another time you in such a case.
2.1 We shall reserve the right to make a reservation in our restaurant (especially on weekends or other busy days) only against deposit of credit card information. We are entitled to charge the respective credit card with the catering price (unless this is paid immediately after the catering in our restaurant) as well as any compensation owed (in accordance with the following regulations). This also applies to the catering price or compensation from subsequent transactions (cf. section 1.).
2.2 Reservations shall be binding with regard to the reserved time and the number of reserved seats (i.e. the announced guests). However, you may cancel all or part of your reservation up to 24 hours before the reserved time at the latest (i.e. for individual seats/guests) without incurring any costs. For larger groups (from 6 persons) a free cancellation can only be made up to 48 hours before the reserved time at the latest.
2.3 If a cancellation is not made no later than the time specified in Section 2.2, we are entitled to charge a flat-rate compensation of 115 euros for each unused or cancelled seat. The same applies if the reserved seats are not used at the agreed time, i.e. the guests do not appear or do not appear in the announced number. If the reserved seats are not occupied no later than 45 minutes after the reserved time (i.e. the guests announced in this respect do not appear), we are entitled to allocate the seats elsewhere. Subclauses 2.3 and 2.4 shall also apply in this case. Revenues we receive by giving the seats to other case, however, will have to be credited against the compensation pursuant to Section 2.3.
2.4 If you are not responsible for the late cancellation or non-use of the reserved seats, we shall be not entitled to claim compensation. In addition, you always have the right to prove that we have not suffered any damage as a result of late cancellation or non-appearance or that this damage is significantly lower than the compensation pursuant to Section 2.3.
2.5 The provisions in sections 2.3 and 2.4 shall also apply if the guests appear but do not make use of the reserved seats but leave our restaurant. This applies in particular in the event that more people appear than announced in the reservation and it is not possible for us to provide further seats. We ask for your understanding, as we are bound to a certain room layout and a maximum number of guests due to our room concept and existing public law obligations.
3. Exclusive booking The exclusive booking of our restaurant (for private functions) shall be possible on the basis of an individual offer only, which we will be happy to submit to you subject to availability. Please contact us directly (preferably in person, by telephone or by email).
4. Payments Unless otherwise agreed, the following terms of payment apply:
4.1 Payments are shall be made in Euros and generally in cash.
4.2 We shall not be obliged to accept 200 euro notes or 500 euro notes as means of payment. Please understand that we only have a limited supply of change in the restaurant every evening and that the service staff cannot spontaneously ask other restaurants for additional exchange of large bills.
4.3 As an alternative to cash payment, we offer the possibility of payment by EC card from an amount of at least EUR 20.00. From an amount of at least EUR 50.00 we also accept payment by credit card.
5. Vouchers The following conditions apply to the redemption of vouchers that are issued by:
5.1 A voucher can only be used to pay for the food and drinks offered and consumed in our restaurant. A cash payment of the voucher amount is not possible. We kindly ask for your understanding.
5.2 A voucher can only be used once for payment (up to the total amount stated therein). It is not possible to split the voucher amount (e.g. on several visits).
6. Liability The following terms and conditions shall apply to our liability for damages and reimbursement of expenses on contract or other legal grounds:
6.1 We shall be liable without limitation in accordance with the statutory provisions for damage caused by us, our legal representatives or vicarious agents caused intentionally or through gross negligence.
6.2 We are only liable for damages caused by us, our legal representatives or vicarious agents if
6.2.1 essential contractual obligations are violated. These are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance our customers can regularly rely and trust. Obligations, which arise from the nature of the contract and the breach of which jeopardises the achievement of the purpose of the contract, shall also be deemed as essential.
6.2.2 duties to respect the rights, legal interests and interests of customers are violated and our performance can no longer be expected of them.
6.3 Our liability in the cases mentioned in clause 6.2 shall be limited to the foreseeable damage typical for the contract. In all other cases we shall not be liable for simple negligence.
6.4 The limitations of liability pursuant to sections 6.2 and 6.3 shall not apply to damage resulting from injury to life, body or health. Furthermore, they shall not apply to claims arising from the Product Liability Act, fraudulently concealed defects or from a guarantee or to all other cases in which the statutory liability regulations are mandatory.
6.5 The above provisions in this clause 6. shall apply accordingly to any personal liability of our bodies, representatives and vicarious agents.