Terms and Conditions for Private Events
I. Scope
These terms and conditions apply to all contractual relationships between the restaurant and the customer (hereinafter referred to as the “Organizer”) for the use of conference, banquet, and exhibition rooms and spaces at the Königlicher Hirschgarten, including catering services and all other associated services. The conditions also apply equally to the garden area.
Only these general terms and conditions apply to the contract. Any other conditions are not part of the contract, even if the restaurant does not expressly object to them.
II. Conclusion and Content of the Contract
The restaurant’s offers are non-binding. A binding contract is formed upon written confirmation of the order.
If the customer is acting on behalf of a third party, the customer must inform the restaurant in writing, providing the third party’s name/company, address, and an authorized contact person.
If the contract establishes a lease agreement in whole or in part, subletting is prohibited without the restaurant’s written consent.
Employees of the restaurant are not authorized to make oral agreements, changes to these terms, or other oral arrangements. Supplementary or deviating agreements require the restaurant’s written confirmation.
If more than four months pass between the conclusion of the contract and the event, the restaurant reserves the right to adjust prices due to increases in purchasing prices, wage costs, or VAT. Any price adjustment is limited to the actual increase in these factors. If the price increases by more than 10%, the customer may withdraw from the contract without incurring further costs.
The Organizer, their employees, agents, and event participants may not bring food or beverages to the event. Any exceptions must be arranged with the restaurant.
III. Prices and Payment
The restaurant reserves the right to request an appropriate advance payment at any time. A deposit is required to confirm the event, ranging between €1,500 and €3,000, depending on the event’s scale. The full deposit must be received by the restaurant by the agreed-upon deadline for the contract to be valid. The remaining balance is due at the end of the event and can be paid in cash or by EC/Mastercard/Visa. Any outstanding amount will accrue 12% interest starting on the third day after the event.
Unless otherwise agreed upon in writing, the following advance payments apply to events with a total cost of €10,000 or more:
- 75% upon signing the contract as a guarantee,
- The remainder is due immediately after receiving the invoice, net, without deductions.
The number of participants listed in the order is binding and forms the basis for the price calculation unless the number of participants exceeds the stated amount. Changes to the participant count must be communicated no later than seven days before the event to allow for proper preparation.
A surcharge of €400 applies for events extending between 12:00 AM and 1:00 AM. Further extensions are not possible.
The agreed prices include the VAT applicable at the time of the event.
The restaurant reserves the right to charge for extensive setup and modification work (€400 for Stadl + Herzogstub’n).
The event agreement covers the basic cleaning of the event rooms and disposal of standard waste generated during the event. Disposal of extraordinary waste, either in nature or volume, will be charged separately. The same applies to unusual room soiling, such as confetti.
IV. Changes to the Number of Participants
If the number of participants specified in the order is reduced through written notice, the price will be adjusted for the revised participant count as follows:
- 100% of the food and beverage revenue will be reduced if the change is made up to seven days before the agreed event date.
- If the change is not made or is made after the seventh day, 100% of the participants listed in the order will be charged.
- If the number of participants exceeds the amount stated in the order, the actual number of participants will be billed.
- In the case of participant number changes, the restaurant reserves the right to assign the Organizer to different but reasonable rooms.
V. Cancellation
Cancellations must be made in writing.
In the event of cancellation, the restaurant has the right to demand reasonable compensation, depending on when the contract was canceled. The amount of compensation is as follows, unless the customer can prove no damage was incurred:
- Six months or more before the event: No compensation;
- Three to six months before the event: 50% of the total amount as per the order confirmation;
- One to three months before the event: 80% of the total amount as per the order confirmation;
- Between 31 and 7 days before the event: 100% of the total amount as per the order confirmation.
- If no food and beverage revenue has been specified in the order confirmation (e.g., for à la carte), a food revenue of €30 per participant, and for drinks, €20 per participant, will be used as the basis for calculation in the case of cancellation or no-show.
- Special agreements must be in writing. The restaurant reserves the right to claim further damages in accordance with legal provisions.
Cancellations for curling rinks or tables in the winter beer garden are always subject to 100% of the usual or agreed costs, as these cannot be spontaneously rebooked. Therefore, a booking is only valid when made in writing via email and accompanied by the submission of the customer’s personal details, such as name and billing address.
VI. Decoration, Music, Communication Technology
The installation of decoration, other objects, music, and communication technology must be coordinated with the restaurant. The Organizer guarantees that all materials meet fire safety requirements. In case of doubt, sufficient proof of fire safety may be requested.
Exhibition and other items brought to the event must be removed immediately after the event. If the customer fails to meet this obligation, the restaurant may remove and store the items at the customer’s expense. The restaurant may charge room rental fees for items left behind or dispose of them at the customer’s expense. The same applies to rented items brought in by external companies.
Music inside the venue is permitted, but the noise level must comply with regulations set by the City of Munich. An in-house sound system is available in the Stadl and Herzog-Stub’n. Additional lighting and sound technology must be arranged no later than two days before the event. All technology must be dismantled and removed immediately after the event. The restaurant is not liable for damage or theft. Fireworks and open flames are strictly prohibited.
Music costs are to be settled directly with the musicians by the Organizer. Furthermore, the Organizer is responsible for registering the event with GEMA and paying any associated fees directly to GEMA.
VII. Liability
The Organizer is liable for any losses or damages caused by their employees, agents, or event participants, as well as for any damages they themselves cause. It is the Organizer’s responsibility to obtain appropriate insurance. The restaurant may request proof of such insurance.
The restaurant is not liable for clothing or other items belonging to the Organizer.
The restaurant is only liable for gross negligence or willful misconduct, except in cases of injury to life, body, or health caused by negligence.
This liability limitation also applies to the restaurant’s employees, agents, and legal representatives.
The Organizer’s belongings are stored in the assigned rooms at their own risk.
VIII. Final Provisions
The restaurant may withdraw from the contract for valid reasons, especially if:
- Force majeure, strikes (including by suppliers), or other circumstances beyond the restaurant’s control make fulfilling the contract impossible;
- Events or rooms were booked under misleading or false information, or essential facts were withheld. This may include the identity of the customer, financial solvency, or the purpose of the event;
- The restaurant has legitimate reason to believe that the event may endanger the smooth running of the business, the safety, or the public reputation of the restaurant;
- The purpose of the event is illegal.
If the restaurant withdraws from the contract, the customer has no claim for damages.
The restaurant is entitled to modify its services or offer equivalent room changes, considering the customer’s interests.
If any individual provisions of these terms and conditions are or become invalid, the validity of the remaining provisions shall remain unaffected.
Any deviations or side agreements must be made in writing.
German law applies to the contractual relationship. The UN Sales Law is not applicable. Munich is the place of jurisdiction and performance for both parties.
By signing the hospitality contract, the Organizer accepts these terms and conditions as the basis for hosting the event.
Königlicher Hirschgarten, Thomas Fesenmair e.K.
As of February 2024