General Terms and Conditions of GOURMENSCH Outdoor Teamcooking
GOURMENSCH ApS
GOURMENSCH ApS
Strandvejen 154
8410 Aarhus N
TLF: +4571745060
CVR: 40364390
1. Contracts
The terms of business are valid in any contractual relationship between GOURMENSCH and the organizer unless otherwise agreed and stipulated by a written agreement between the parties. The organizer is the contracting party (customer) that requests GOURMENSCH for a task. The confirmation of order is the agreement entered into between GOURMENSCH and the organizer, which, after a final agreement, is confirmed in writing by GOURMENSCH with the order confirmation. The performers are lecturers, artists or other external persons, who are hired by GOURMENSCH for the event. In the relationship between GOURMENSCH and the organizer only the terms of business and the order confirmation is binding. Any change or addition to the order confirmation must be in writing.
2. Complaints
The organizer is required to check the information in the order confirmation and immediately make written objections to any errors herein. Any claim about the order confirmation must reach GOURMENSCH no later than 8 days after the date stated in the order confirmation. Any subsequent complaint will be considered as submitted too late.
3. Obligations of the organizer - The organizer is required:
- To obtain any necessary permission to implement the agreed arrangement.
- To ensure that all participants during the entire event, are aware of the program and understand and accept participation in the event.
- Not to make or cause audio or video recordings for other than private use, and in that case, only with the acceptance of those on the video/audio recordings.
- To obtain any necessary permission to implement the agreed arrangement.
4. CANCELLATION
At the conclusion of the agreement, this is binding in its entirety. If the organizer cancels the event or part thereof the organizer will be liable towards GOURMENSCH in accordance with Danish law’s general rules, but will at least pay the following:
- If canceled earlier than 8 weeks before the event, 50% of the total amount of the contract.
- If canceled earlier than 4 weeks before the event, 75% of the total amount of the contract.
- If canceled 4 weeks before the event or later, 100% of the total amount of the contract.
5. GOURMENSCH’s right to full or partial cancellation of the contract
In the following cases, GOURMENSCH is entitled to cancel the contract in whole or in part:
- In case of illness or death or other unforeseen situations at GOURMENSCH or any of the performers or their families.
- In the event that GOURMENSCH considers the arrangement to be irresponsible.
- In case of public prohibition, injunction or similar.
In case of cancellation of the contract, the organizer agrees that GOURMENSCH can not be held liable for any loss of the organizer or his or her guests or partners. The organizer accepts to indemnify GOURMENSCH for any claim from third parties on this occasion.
A performer is also entitled to refrain from performing if the organizer fails to fulfil its obligations, cf. clause 3 above or if they are otherwise prevented from performing properly due to the organizer. In such cases, GOURMENSCH is entitled to the full amount of the contract.
6. Disclaimers
GOURMENSCH can not be held responsible for the performer’s actions, omissions, breach of contract, or delays. Hence the organizer will contact the performer(s) directly. The organizer agrees that GOURMENSCH cannot be held liable for any claim, damage or expense that may arise directly or indirectly in connection with the performance of the event. GOURMENSCH is solely responsible for any maladministration, proved attributable to GOURMENSCH, however, any claim is limited to the agreement amount for the event as listed in the order confirmation. GOURMENSCH disclaims any liability for circumstances occurring outside GOURMENSCH, including force majeure, fire, firearms, strikes, lockouts, barriers to trade, political barriers, raw material deficiencies, floods, clouds, snowstorms or any other unusual and unpredictable weather conditions, natural disasters, terrorism, unexpected price increases of more than 3%, and any other force majeure similar conditions. This also applies if these conditions occur to GOURMENSCH suppliers, performers, affiliates or other collaborators.
During the event, food is cooked over campfire and there will be served alcohol, which means that the participants in the event must show caution and accountability. GOURMENSCH is not liable for any damage or injury caused by reckless behaviour (hereunder following intoxication) by the participants in the event. The organizer will hold GOURMENSCH harmless from any claims from third parties due to such behaviour.
GOURMENSCH is not responsible for any reactions following food allergies etc. if such allergies are not communicated to GOURMENSCH. It is the responsibility of each participant to ensure not to eat any food that the participant does not tolerate. GOURMENSCH will be happy to inform about the ingredients upon request.
7. Insurance
The organizer is responsible for having relevant insurance in place to cover damage caused by the organizer or his guests/employees on equipment / personnel, etc. From GOURMENSCH or its affiliates, performers or others who have access to the event. The organizer is also responsible for having insurance in place to cover any personal injury to his guests/employees participating in the event. Personnel and performers from GOURMENSCH are responsible for having relevant insurance in place to cover any damages caused by them.
8. Payment terms
Together with the order confirmation, an invoice of 20% of the contract amount will be sent to the organizer. Approximately 1 month before the event, an invoice of the remainder of the contract amount will be sent to the organizer. Payment is due 8 days after the date of the invoice. In case of late payment an interest of 2% per month will be added.
9. Law and Judicial Procedure
Any dispute between GOURMENSCH and the organizer will be settled in accordance with Danish law with the Court of Aarhus as the venue.
