Privacy Policy - Flash Film und Cateringservice GmbH

General Terms and Conditions of Flash Film- und Cateringservice GmbH

Stahlgruberring 42, D-81829 Munich

I. Scope of Application

These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (hereinafter referred to as the “Client”). The deliveries and services of Flash Film- und Cateringservice GmbH, Stahlgruberring 42, D-81829 Munich (hereinafter referred to as the “Contractor”), are provided exclusively on the basis of these General Terms and Conditions. Any conflicting or deviating terms and conditions of the Client shall apply only if the Contractor has expressly agreed to their validity in text form. These General Terms and Conditions shall also apply to future business relationships with the same Client without the need for them to be referred to again. Individual contractual agreements shall take precedence.

II. Conclusion of Contract

(1) Our offers are non-binding. The prices stated in an offer apply only if the order is placed in full. In the event of partial orders, a new offer will be prepared. (2) A binding contract is concluded upon the Client’s written order confirmation and the Contractor’s written acceptance of the order.

(3) Ancillary agreements, amendments or additions to the contract must be made in text form unless a stricter form is required by law. Individual agreements remain unaffected.

III. Delivery and Services

(1) The company provides catering services, support for film productions and events, as well as equipment rental.

(2) The ordered goods and equipment shall be delivered in accordance with the agreements made. The agreed delivery and performance dates are binding. In the event of unforeseen operational disruptions, the Contractor reserves the right to provide an equivalent substitute delivery. If individual products are unavailable, the Contractor reserves the right to replace them with equivalent products in consultation with the Client.

In the event of circumstances for which the Contractor is not responsible and which delay delivery or performance, the agreed delivery and performance periods shall be extended by the duration of the disruption plus a reasonable restart period.

The Contractor shall not be liable for damages, delivery delays or delivery failures resulting from force majeure. If delivery cannot be made within a reasonably extended period, the Contractor shall be released from its delivery and performance obligations.

(3) Delivery shall be made to the best of the Contractor’s knowledge and ability on the agreed date to the address specified by the Client in the order confirmation. The Client must inform the Contractor in good time of any special circumstances at the delivery or event location, such as stairways, long access routes, defective elevators, construction sites, etc. If the absence of such information results in particularly extensive delivery or performance requirements, the Contractor reserves the right to charge an additional expense fee.

(4) As a general rule, the number of persons communicated to the Contractor will be charged, plus any additional persons who are present. If the number of persons is reduced by more than 10%, the prices offered shall no longer be valid and the offer must be recalculated.

(4.1) For feature films, the crew size must be communicated when confirming the offer. Thereafter, the exact number of persons must always be communicated on Thursdays for the following week. For film productions, at least the most recently communicated crew size will be charged. A minimum of 35 persons applies in all cases. (4.2) For events, the number of persons must be communicated when confirming the offer. For delivery and collection catering, a minimum of 20 persons will be charged.

(4.3) For commercial shoots, the number of persons must be communicated 3 days before the start of the order. For commercial catering using a kitchen trailer, a minimum of 16 persons will be charged.

(5) All rental items, such as tableware, coffee machines, tents, radios, etc., are rented according to the required duration. Even if the rental items are not used, the agreed price remains payable in full. The Client receives the rental items in proper condition; cleaning and maintenance shall be borne by the lessor. The Client shall be liable for any damage to the rental items occurring during the rental period. The Client shall also be responsible for the complete return of all rented items. If the rental items cannot be collected at the agreed time for reasons for which the Contractor is not responsible, the Contractor shall be entitled to charge the applicable agreed rental fee for the duration of the retention. The Contractor shall additionally be entitled to claim damages arising from delayed return.

(6) The Contractor may charge for loss, damage, breakage or severe contamination of rental items.

(7) Unless otherwise agreed in individual cases, the Client shall not be entitled to take away

food that has not been consumed during the buffet service period.

IV. Liability/Transfer of Risk

(1) The Contractor shall be liable without limitation in cases of intent and gross negligence, culpable injury to life, body or health, in accordance with the mandatory provisions of the German Product Liability Act, and to the extent that its upstream suppliers are liable towards it. Within the scope of the agreed services, liability shall be limited to the value of the goods. Essential contractual obligations are obligations whose fulfillment is necessary for the proper execution of the contract and on whose compliance the Client may regularly rely. In all other respects, liability for slight negligence is excluded. These limitations of liability shall apply accordingly for the benefit of the Contractor’s legal representatives, employees and vicarious agents.

(2) At the latest upon handover of the goods and the delivery item to the customer, the risk of loss, damage, reduction and deterioration of the subject matter of the service shall pass to the customer. (3) In the interest of quality and with regard to the requirements of food hygiene regulations, the maximum standing time for buffets is limited to three hours. Under unfavorable climatic conditions, the Contractor may reasonably shorten the buffet period if a longer service period is not possible due to the risk of microbiological changes to the food offered. If the buffet is required for a longer period, a service employee may be booked who will replace the products accordingly. Appropriate refrigeration facilities must be available on site for this purpose. In the case of buffet delivery only, the Contractor shall not assume liability for improper storage of the delivered items from the time of handover.

V. Prices and Payment Terms

(1) Unless otherwise agreed, all prices are subject to the applicable statutory value-added tax. Agreed discounts shall lapse in the event of late payment, meaning that in the event of a reminder, the full sales price shall become due and may be demanded.

(2) For feature films and commercial shoots, a deposit of 35% of the agreed or estimated order value must be paid to the Contractor 15 working days before the start of the order.

For events and new customers, a deposit of 80% of the agreed or estimated order value must be paid to the Contractor 15 working days before the start of the order. (3) Final invoicing shall take place after the end of the event and shall be due immediately without deduction. Deposits shall not bear interest. In the event of late payment, the Contractor shall be entitled to charge default interest.

(4) If, after conclusion of the contract, the procurement costs for food or energy that are relevant to the agreed service change, the Contractor may demand an appropriate adjustment of the agreed price. The adjustment shall be limited to the proportion by which the relevant costs actually affect the total price.

(5) All stated working hours are estimates including a buffer based on experience. The actual time required will be invoiced. For feature films and commercial shoots, work performed on Saturdays shall be subject to a surcharge of 25%, work performed on Sundays to a surcharge of 75%, and work performed on statutory public holidays to a surcharge of 100% on the agreed hourly rate. For events and other functions, a surcharge may be charged for work performed on Saturdays, Sundays and statutory public holidays.

(6) For delivery and collection, the Contractor shall charge mileage and hourly rates in accordance with the offer. For catering services involving a kitchen trailer, the Contractor shall charge mileage as well as setup and driving time in accordance with the offer.

(7) The Client may offset claims only against counterclaims that are undisputed, legally established or ready for decision. The Client may exercise a right of retention only on the basis of claims arising from the same contractual relationship.

(8) Changes to the agreed scope of services require an agreement in text form. The price adjustment provision pursuant to paragraph 4 remains unaffected. Obvious typographical, printing and calculation errors may be corrected; the Client’s statutory rights remain unaffected.

VI. Defects

(1) The Client must inspect the delivered goods or services immediately after delivery or acceptance for recognizable defects, inconsistencies and deviations and must report any recognizable defects immediately in text form. If the contract constitutes a commercial transaction for both parties, Section 377 of the German Commercial Code (HGB) shall additionally apply. Hidden defects must be reported in text form immediately after they are discovered. The legal consequences of omitted or delayed notification shall be governed exclusively by the applicable statutory provisions. (2) In the event of justified defects, the Contractor may, at its discretion, remedy the defect or provide a defect-free replacement. If subsequent performance fails, is unreasonable or is definitively refused by the Contractor, the Client shall be entitled to the statutory rights in respect of defects. Claims for damages shall be governed by the liability provisions of these General Terms and Conditions. (3) In the event of visible transport damage, the Client should document the damage upon receipt and, where possible, have it countersigned by the driver. Failure to document the damage shall not affect the Client’s statutory rights. (4) The Contractor shall not be liable for defects or damage caused by improper storage for which the Client is responsible, in particular an interruption of the cold chain.

VII. Termination/Cancellation

(1) The Client shall be entitled to terminate the contract at any time. Withdrawal from the contract must be made in writing.

(2) If the Client terminates or cancels the contract, the Contractor shall be entitled to the agreed remuneration as follows, without having to provide evidence of the actual costs incurred.

In the event of cancellation/termination of overall orders that have already been placed (according to the cost estimate)

for feature films and events, from one month to two weeks before the start of the order: 50% of the agreed order value; up to one week before the start of the order: 80% of the agreed order value; thereafter: 100% of the agreed order value.
for commercial shoots, seven to four working days before the start of the order: 30% of the agreed order value; up to 48 hours before the start of the order: 70% of the agreed order value; thereafter: 100% of the agreed order value.
for events, from one month to two weeks before the start of the order: 50% of the agreed order value; up to one week before the start of the order: 80% of the agreed order value; thereafter: 100% of the agreed order value.

(3) The right of both contracting parties to terminate the contract for good cause remains unaffected. However, this requires that a corresponding written request to remedy the good cause within a reasonable period has previously been made and that this period has expired without success.

(4) The Contractor shall be entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if

force majeure or other circumstances for which the Contractor is not responsible make performance of the contract impossible;
events or premises are booked culpably on the basis of misleading or false information concerning material contractual facts, e.g. the identity of the customer or the purpose of the event;
the Contractor has reasonable grounds to believe that the event may endanger smooth business operations, safety or its public reputation, without this being attributable to the Contractor’s sphere of control or organization;
the purpose or occasion of the event is unlawful.

The Contractor shall not be liable for non-performance of the contract insofar as this is due to circumstances relating to the person or company of the owner of the event premises or equipment. In such a case, the Contractor reserves the right to withdraw from the contract without any obligation to pay damages.

VIII. Final Provisions

(1) To the extent permitted by law, the place of performance for the obligations of both parties shall be the registered office of the Contractor. If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the registered office of the Contractor. The same shall apply if the Client has no general place of jurisdiction within Germany. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) Amendments and additions to the contract must be made in text form unless a stricter form is required by law. Individual agreements between the contracting parties shall always take precedence.

(3) Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid or unenforceable provision.

Version: September 2026