General Terms and Conditions
1. CONCLUSION OF CONTRACT
A contract shall be deemed to have been concluded when a written reservation agreement has been made by Augustiner Dresden and signed by the contracting party. The contractor is Augustiner Dresden/BENIGA GmbH. Hereinafter referred to as the Contractor. The reservation of rooms or areas constitutes a tenancy. Any subletting or re-letting of these requires the written authorisation of Augustiner Dresden.
2. SERVICES; PRICES
All prices quoted for services at the Augustiner Dresden are inclusive prices. They include the statutory value added tax. If the rate of statutory VAT changes after conclusion of the contract, the agreed price shall change accordingly. The provision costs for the rooms or areas shall apply as stated in the respective contract concluded.
If catering services are agreed, these must be paid in full, even if the booked number of participants is not reached on the day of the event and the exact number of persons has not been communicated to the contractor in writing 48 hours in advance.
If the specified number of participants is exceeded, the actual number of participants shall be decisive for the calculation of food and beverages.
Refunds for services paid for but not utilised are not possible. If the period between conclusion of the contract and provision of the service exceeds 9 months, Augustiner Dresden reserves the right to make price changes and to agree these with the client.
3. EXCLUSIVE RENTAL OF PREMISES
Our premises can also be hired exclusively for parties and events. A minimum turnover is payable for this, which depends on the room in question. The minimum turnover is: vaulted cellar € 3,500, complete upper floor including parlour: € 4,000, upper floor without parlour: € 2,500, parlour: € 1,500 (prices are valid for 2024). The ground floor cannot be rented exclusively. If no exclusivity has been agreed or booked, we cannot promise fixed tables or rooms for reservations. The allocation of tables for reservations will only take place on the day itself and will be determined by Augustiner Dresden according to the circumstances and the number of people in the respective reservation.
4. CANCELLATION DEADLINES / WITHDRAWAL
If no special catering service is agreed for the event and all food and drinks are selected on the day of the event from the food and drinks menu valid at the time, the event can be cancelled free of charge up to one day in advance. The cancellation must be made in writing. In the event of cancellation on the day of the event itself, the contractor reserves the right to charge for any loss of revenue due to the short-term non-reoccupancy of the cancelled seats.
The basis of assessment for an unoccupied seat is €25 per person.
If a special catering service (menu, buffet or all services that deviate from the valid food and drink menu at the time of the event) has been agreed, the event can be cancelled free of charge with a notice period of 4 days before the event.
The special catering service is listed separately in the reservation contract.
Goods that the Contractor should procure separately for the event at the Client’s special request and that are not offered in the Contractor’s normal range are excluded from the free cancellation.
If the Contractor already has these goods in stock, the Client must pay 100% of these costs if the event is cancelled, irrespective of any cancellation period.
In the event of cancellation 3 days before the event, Augustiner Dresden reserves the right to charge a flat rate of 30% of the total price for the catering service booked.
In the event of cancellation 2 days before the event, Augustiner Dresden reserves the right to charge a flat rate of 50% of the total price for the catering service booked.
In the event of cancellation 1 day before the event or on the day of the event itself, Augustiner Dresden reserves the right to charge the full amount of the agreed total price for the catering service.
TERMS OF PAYMENT
Our invoices are due immediately and payable without deduction. Payment can be made in cash or by credit card.
Payment on account is only possible after prior agreement in the reservation contract. For this purpose, Augustiner Dresden must receive a declaration of assumption of costs signed and completed in full by the client. The invoice must then be transferred to the contractor within 14 days.
The contractor is entitled to charge 6% interest on arrears for late payment. The Client shall be liable for payment of any additional food and drink, etc. ordered by the event participants.
Advance payment may be required for the reservation of rooms or catering services. The amount of the advance payment shall be specified separately in the reservation contract.
VOUCHERS
The vouchers for the Augustiner an der Frauenkirche are issued by BENIGA GmbH. The vouchers can be purchased on site in the restaurant itself as a voucher card. This voucher card is topped up with the desired amount when purchased and can then be redeemed in the restaurant itself for any food and drink. The vouchers are valid for 3 years. The voucher card is automatically cancelled after the expiry date and can no longer be used.
Online vouchers can be purchased via the website www.augustiner-dresden.com. Like the voucher cards, these can also be used in the restaurant for any food and drink. These vouchers are also valid for 3 years.
5. LIABILITY
The contractual partners of Augustiner Dresden or the guest as such or as host shall be jointly and severally liable to Augustiner Dresden for any damage caused by themselves, their guests or third parties commissioned by the client. It is the responsibility of the organiser to take out the appropriate insurance for this. Augustiner Dresden may request proof of such insurance. Any use of the rooms provided to the guest that deviates from the agreement shall entitle Augustiner Dresden to cancel the contractual relationship without notice, without this reducing the entitlement to the agreed remuneration.
If Augustiner Dresden procures external services, technical or other equipment from third parties for the Organiser, the Organiser shall act in the name and for the account of the Organiser; the Organiser shall be liable for the careful handling and proper return of such equipment and shall indemnify Augustiner Dresden against all third-party claims arising from the provision of such equipment.
Delivery, set-up, dismantling and removal of exhibition and other items shall be carried out by the customer at the customer’s sole risk. Details must be agreed with Augustiner Dresden one week before the start of the event. Upon request, auxiliary personnel for transport and set-up will be provided to the extent possible against special remuneration. Augustiner Dresden shall not be liable for damage to or loss of items brought in.
Augustiner Dresden shall only be liable for lost or damaged exhibits belonging to the customer if its legal representatives or vicarious agents have acted wilfully or with gross negligence.
The customer and organiser shall be liable for damage to and/or loss of Augustiner Dresden equipment and/or inventory in connection with the event, regardless of fault.
6. SPECIAL NOTES
Reserved seats will be released 20 minutes after the agreed time unless a delay is reported in an appropriate manner and further reservations are possible.
Bringing in food and drinks requires the prior authorisation of the management. In such cases, a service charge or corkage fee will be charged.
Decorative material must comply with fire regulations and may only be installed – as well as other items – with the consent of Augustiner Dresden. The attachment of decorative material to the walls using adhesives, adhesive strips, furniture staples, nails and screws is prohibited. Any damage will be charged to the organiser. Any items brought into the restaurant must be removed at the end of the event. Items may only be stored with the consent of Augustiner Dresden and for a separate charge; the choice of storage location is determined by Augustiner Dresden.
Should faults or defects occur in the technical or other equipment provided by Augustiner Dresden, the restaurant shall, as far as possible, take immediate remedial action. The customer shall be responsible for proving that he has suffered damage as a result of such malfunctions or defects. Augustiner Dresden shall only be liable for any damages incurred by the customer if these are due to intentional or grossly negligent behaviour on the part of a legal representative or vicarious agent.
The use of the name and/or the brand ‘Augustiner an der Frauenkirche’ or ‘Augustiner Bräu München’ or ‘Augustiner Dresden’ for any purpose requires the written authorisation of the contractor. All sound and image rights for recordings in Augustiner Dresden shall be expressly transferred to Augustiner Dresden, BENIGA GmbH, without special agreement. Newspaper adverts in particular, which contain invitations to job interviews or sales events, require the prior written consent of Augustiner Dresden/BENIGA GmbH. If a publication is made without the consent of the restaurant and this adversely affects the essential interests of Augustiner Dresden/BENIGA GmbH, the restaurant shall have the right to cancel the event; in this case, clause 4 (payment of rent and remuneration) shall apply. In addition, the contractor has the right to charge licence and usage fees. If Augustiner Dresden has reasonable grounds to believe that the event threatens to jeopardise the smooth running of the business, the safety or reputation of the establishment or its guests, or in the event of force majeure or civil unrest, it may cancel the event. The costs of security measures necessitated by an event may be charged to the client of the event. Augustiner Dresden does not need to justify the need for security measures to the client. The justified reason for the security measures is sufficient.
7. GENERAL
All changes must be made in writing. The customer and the organiser are jointly and severally liable for all obligations arising from this contract. Should individual provisions of the contract (including these Terms and Conditions) be invalid, this shall not affect the validity of the remaining provisions. The parties shall replace ineffective provisions with such effective provisions as they would have agreed in their place had they been aware of the ineffectiveness of the omitted provisions.
The contract is subject to the law of the Federal Republic of Germany. The place of fulfilment and exclusive place of jurisdiction for all disputes arising from the business relationship is Dresden.