Terms and Conditions

General terms and conditions of business

Megersa, Kappus and Palme GbR

Rothschildallee 16a, 60398 Frankfurt am Main

E-mail: info@forksandfriends.de | Tel.: 069 – 90 43 71 31

Valid for all brands of Megersa, Kappus and Palme GbR

As of June 2026

I. Scope

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between Megersa, Kappus and Palme GbR (hereinafter referred to as "Provider"), trading under their respective brands – Licata Catering, Forks and Friends and sr GastroRent – ​​​​and their customers, including as the latter is a consumer or entrepreneur within the meaning of the German Civil Code.

Any differing, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if the provider has expressly agreed to their validity in writing.

By placing an order, whether by telephone, in writing or by email, the customer accepts these terms and conditions.

Changes to these Terms and Conditions will be communicated to the customer in writing at least two months before they come into effect. If the customer does not object within this period, the changes will be deemed accepted.

II. Offers and Conclusion of Contract

All offers from the provider are subject to change and non-binding unless they are expressly marked as binding.

A contract only comes into effect through written or electronic confirmation by the provider or through the commencement of service provision.

Individual agreements, especially special requests, allergies or special requirements, require written confirmation from the provider.

III. Scope of Services

The exact scope of services is defined in the respective offer or order confirmation. The provider delivers services in accordance with the service profile of the respective brand.

Food and beverage offerings are subject to seasonal fluctuations. The provider reserves the right to substitute individual items with equivalent alternatives, provided this serves the purpose of quality assurance.

For hygiene reasons, the serving time of buffets is limited to a maximum of three hours (in accordance with food hygiene regulations). Longer serving times must be arranged accordingly.

The provider is entitled to subcontract parts of the services to suitable subcontractors, but remains responsible for the proper provision of the overall service.

IV. Prices and Payment

All prices are in euros, plus applicable VAT, unless explicitly stated as gross prices.

Unless otherwise agreed, for contracts with a net value of €3,000 or more, a deposit of 50% of the total order amount is due within 7 working days of order confirmation. The remaining balance will be invoiced after the event with a payment term of 14 days from the invoice date.

For orders under €3,000 net, the total amount is due no later than 5 working days before the event date.

Corporate clients (entrepreneurs within the meaning of § 14 BGB) will receive an invoice after the event with a payment term of 14 days from the invoice date.

Invoices are payable without deduction. In case of late payment, the supplier is entitled to charge default interest at a rate of 5 percentage points above the base interest rate (consumers) or 9 percentage points above the base interest rate (businesses) in accordance with § 247 of the German Civil Code (BGB), as well as a reminder fee of €40.

The provider is entitled to a reasonable price adjustment if more than two months lie between the conclusion of the contract and the provision of services and raw material, energy or personnel costs have changed significantly.

Payment is made by bank transfer to the account specified by the provider. Private customers can alternatively pay the invoice amount in cash upon collection of the equipment after completion of the order. Card payment is possible via SumUp; this must be expressly agreed upon with the provider in advance.

V. Number of participants and changes in quantity

The customer is required to specify a binding number of participants when placing the order. The schedule, menu planning, and other relevant details must be communicated in writing no later than 7 working days before the event date.

The number of participants can be adjusted up to 5 working days before the event. The organizer will endeavor to accommodate short-notice changes, but cannot guarantee this.

If the number of participants is reduced by more than 10% compared to the original booking, the provider is entitled to adjust the price per person accordingly.

If the actual number of participants is higher, the actual number of people will be calculated.

VI. Cancellation and Withdrawal

The customer may withdraw from the contract at any time. In the event of withdrawal, the following cancellation fees apply, calculated based on the most recently valid offer:

Cancellation more than 60 days before the event: 20% of the order total.

Cancellation 30 to 60 days before the event: 50% of the order total.

Cancellation 8 to 29 days before the event: 75% of the order total.

Cancellation 7 days or less before the event: 100% of the order total.

The customer can prove that no damage or significantly less damage has occurred. In this case, the flat fee will be adjusted accordingly.

The provider is entitled to withdraw from the contract if there is an important reason, in particular in the event of: failure to receive payment, impossibility of performance due to force majeure, significant risk to the safety of employees or guests.

In the event of force majeure (eg, natural disasters, pandemics, official prohibitions), both parties are released from their performance obligations. Payments already made will be refunded proportionally.

VII. Transport and handover

Delivery will be made to the address provided by the customer on the agreed date. Shipping costs will be itemized separately and invoiced to the customer unless included in the offer.

The customer must inform the supplier in good time of any special circumstances at the delivery location (eg, lack of parking, stairs, restricted access). Any additional costs incurred will be invoiced to the customer.

Upon delivery of the goods, the risk of loss, damage, or spoilage passes to the customer. The supplier is not liable for improper storage after delivery.

Delays due to force majeure or unforeseen traffic disruptions are not the responsibility of the provider.

VIII. Defects and Warranty

Obvious defects must be reported in writing and in detail immediately, but no later than 24 hours after the event ends. Otherwise, the service will be considered accepted.

In the case of justified defects, the supplier has the right to repair or replace the goods. If the repair fails, the customer may demand a price reduction or cancellation of the contract.

The warranty does not cover deviations that are due to natural variations in food (eg, color, consistency, taste).

The limitation period for claims based on defects is one year from acceptance for businesses.

IX. Liability

The provider is liable for damages only in cases of intent, gross negligence, culpable injury to life, body or health, and breach of essential contractual obligations (cardinal obligations). In cases of slight negligence in the breach of cardinal obligations, liability is limited to the foreseeable damages typical for this type of contract.

The provider is not liable for damages resulting from improper handling, storage or use of food, beverages or equipment after handover.

The provider accepts no liability for food, drinks or equipment brought by the customer.

X. Customer Liability

The customer is liable for damages caused by him, his guests, employees or agents to the equipment, furnishings or property of the provider.

Damage, loss or theft of equipment (glasses, cutlery, dishes, tablecloths, decorative materials, etc.) will be charged to the customer at the currently valid list prices.

The provider may require the customer to provide proof of adequate liability insurance.

XI. Data Protection

Megersa, Kappus und Palme GbR processes the customer's personal data exclusively for contract fulfillment and within the framework of the GDPR regulations. Further details are governed by the respective privacy policy of the brand used.

Data will only be shared with third parties if this is necessary for the fulfillment of the contract (eg suppliers, subcontractors) or if there are legal obligations.

XII. Final Provisions

The place of performance for all services and payments is Frankfurt am Main.

The place of jurisdiction for all disputes with businesses, legal entities under public law, or special funds under public law is Frankfurt am Main. For consumers, the statutory rules of jurisdiction apply.

The law of the Federal Republic of Germany applies exclusively.

Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that most closely approximates the economic purpose of the invalid provision (severability clause).

Megersa, Kappus und Palme GbR is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Megersa, Kappus und Palme GbR – Hagenstraße 7–9, 60314 Frankfurt am Main

Brands: Licata Catering | Forks and Friends | sr GastroRent