Status 09/23/2022
1.1. The company Saint Louis GmbH, Deutzer Freiheit 89, 50679 Cologne, (hereinafter referred to as "Provider" or "we") is the operator of the Internet presence provided at www.st-louis-breakfast.de/en, via which users (hereinafter referred to as "Guest") can make reservations, event bookings and voucher purchases, among other things.
1.2. For the use of the offer at www.st-louis-breakfast.de/en as well as all contractual relationships concluded between us and the user, the following General and Special Terms and Conditions apply exclusively in the version valid at the time of use or conclusion of the contract. Deviating conditions of the guest or third parties are not recognized, unless we expressly agree to their validity in writing.
1.3. Contract texts are not stored. However, the General Terms and Conditions are available in their current version at https://www.louis-breakfast.de/agb printable and storable.
1.4. Contract language is German.
Unless expressiv agreed otherwise, the statutory warranty for defects shall apply to the use of the platform.
3.1. The Provider shall be liable for damages or reimbursement of futile expenses without limitation
The same shall apply in the event of default on the part of the Provider for claims to interest on arrears, to the lump sum for default pursuant to Section 288 (5) of the German Civil Code (Bürgerliches Gesetzbuch - BGB) and to compensation for the damage caused by the default, which is based on the costs of legal action.
3.2. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of the Provider shall be limited to the amount of the damage that is foreseeable and typical for the type of transaction in question. The same shall apply in the event of the Provider's default or an impossibility of performance for which the Provider is responsible.
3.3. The Provider shall not be liable for damages caused by force majeure or comparable events. Comparable events include in particular strikes, official orders, pandemics, epidemics, the failure of telecommunications networks and disruptions in the area of other telecommunications or service providers.
3.4. Any further liability of the provider does not exist.
3.5. The aforementioned limitation of liability shall also apply to the personal liability of the Provider's employees, representatives and organs and vicarious agents.
The Provider hereby refers the Guest to the European Commission's online dispute resolution (ODR) site with the following link: https://ec.europa.eu/consumers/odr/. The email address of the Provider is info@louis-breakfast.de.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 26 para. 1 no. 1 VSGB).
6.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. With regard to legal relationships with consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
6.2. Cologne shall be deemed agreed as the place of jurisdiction if the contractual partners are merchants, legal entities under public law or special funds under public law. However, the provider is also entitled to sue the customer at his general place of jurisdiction. This shall not apply if mandatory statutory provisions within the meaning of Articles 24, 25 or 26 EuGVVO in the version of 12 Dec. 2012 conflict with this.
6.3. Should a provision be wholly or partially invalid or later lose its legal validity, this shall not affect the validity of the remaining provisions. lf the contract contains a loophole, the same shall apply.
Table reservations made by e-mail, telephone or via our reservation platform are only binding if all information, in particular the contact details requested, are correct and we have confirmed the reservation by e-mail. lf the guest uses our online reservation, he must first select his desired date, the desired area, time and number of persons. lf the desired date is available, the information marked as mandatory in the contact form must be provided (name, e-mail address, etc.). After accepting the terms and conditions by clicking on the appropriate box, the reservation can be checked. A correction is possible by clicking the arrow button ("back"). lt is possible to cancel the reservation by closing the browser. By clicking on the button "Complete Reservation" the guest submits a binding reservation request, which we accept by confirming the reservation by e-mail. The contract for the table reservation is concluded upon receipt of our confirmation e-mail.
We grant guests a period of 1.5 hours in case of an effective reservation, as we would like to give other guests the opportunity to visit our location as well.
lf the guest does not show up at the time of reservation despite having made a reservation, the reservation expires and we reserve the right to assign the table to someone eise.
Online reservations are limited to a maximum of 8 people. The reservation must correspond to the number of actual guests. lf guests do not appear despite a binding reservation, we reserve the right to assert claims for damages.
For the sake of order, we would like to point out that the table reservation is subject to the proviso that the regulations of the Law on the Prevention and Control of lnfectious Diseases in Humans (lfSG) and the relevant regulations of the CoronaSchVO NRW applicable at the time of reservation must be observed by the guests.
Our offers on the Internet, within the framework of online booking systems, in brochures or notices for booking an event are merely an invitation to the guest to make non-binding inquiries to us so that we cancheck free capacities. lf we have free capacities, we reserve our location and send an offer by e-mail. A binding contract for an event booking is only concluded when the guest accepts our offer at least in text form (e.g. by e-mail). The binding period of our offers can be found in the offer itself.
Prices and terms of payment result from our offer. They are quoted in eures and include the statutory value-added tax.
lnvoices for services rendered are due and payable immediately. In addition, we shall be entitled to invoice partial services and service sections by means of interim or partial invoices and to demand reasonable advance payments of the agreed total gross remuneration. The amount of the advance payment including the payment dates can be agreed in the contract in text form. lf the guest does not pay the partial invoices within a grace period set by us, we are entitled to terminate the contract for cause, provided that we have informed the guest of the possibility of termination when setting the grace period. In these cases, we reserve the right to assert claims for damages.
We grant our guests under the following conditions the possibility to withdraw from binding event bookings completely or partially without giving reasons (hereinafter referred to as "cancellation"). In this case, the guest must reimburse us - insofar as we are not responsible for the cancellation and there is no case of force majeure - for reasonable compensation for the precautions taken, expenses incurred and the reservation of the premises, whereby we take into account income from the implementation of alternative events and saved expenses.
Taking into account the usually saved expenses, we demand the following lump-sum compensation for loss ("cancellation fee") in the event of cancellation by the guest:
of the total gross remuneration attributable to the cancelled service.
Saved expenses are tobe credited. The guest is entitled to prove that we have incurred no or less damage. We are free to prove that a higher claim exists.
Decisive for the time of cancellation is its receipt by us. The "remuneration due for the cancelled service" means the prices calculated at the time of the conclusion of the contract, unless these have changed in the meantime in accordance with the agreement, e.g. as a result of a different number of participants from the number used as the basis for the conclusion of the contract. In this case, the order value is to be determined according to prices that apply at the time of the cancellation in accordance with the agreement reached with the guest and the provisions of these GTC.
Cancellations must be made in writing, i.e. at least in text form (e.g. by e-mail).
Legal cancellation and withdrawal rights of the guest remain unaffected by this provision.
We ourselves are entitled to withdraw from the contract under the following conditions:
An agreed advance payment will not be made even after a reasonable grace period set by us has expired;
Force majeure or a circumstance for which we are not responsible and which
a) is beyond our control,
b) could not reasonably have been foreseen by us at the time of the conclusion of the contract and
c) could not reasonably have been avoided by us, makes it impossible for us to fulfill the contract (e.g. war, compliance with laws and government orders, epidemics, pandemics, natural disasters, extreme natural events, fire, prolonged failure of telecommunications, information systems or energy, strike, etc.);
The event booking is based on culpably made misleading or false statements or concealment of essential facts; essential can be the identity of the guest, the solvency or the purpose of stay; The purpose or cause of the event is against the law.
lf we justifiably withdraw from the event booking, we are released from the obligation to fulfill our contractual obligation as well as from anyliability for damages or any other contractual remedy for breach of contract.
The declaration of withdrawal must be made at least in text form.
In the event that, as a direct consequence of official orders or decrees in connection with the COVID 19 pandemic, the event cannot be held to the contractually agreed extent, the parties undertake as a matter of priority to adapt the contract to the changed conditions. In particular, but not conclusively, a reduction in the number of participants free of charge, a division of the participants into different groups or rooms or a postponement of the event to a later date free of charge may be considered.
Should an adjustment of the contract be unreasonable for one of the parties (e.g. absolute fixed transaction), the latter shall be entitled to withdraw from the contract free of charge as soon as the negotiations on an adjustment of the contract have finally been unsuccessful. lf one party successfully invokes this clause, the parties shall be mutually released from their contractual obligations and from any liability for damages or any other contractual remedy for breach of contract as of that time.
The declaration of withdrawal must be made in writing or in text form.
The guest is obliged to pay the agreed prices for the services used. This also applies to services commissioned by the guest directly or through us, which are provided by third parties and paid for by us. In particular, this also applies to claims of copyright exploitation companies.
Guests are not permitted to bring their own food and drinks to the booked events, unless a separate agreement has been made with us in this regard.
The instruction of our staff must be followed.
After the execution of the booked event, items brought along are tobe removed by the guest immediately after the end of the event.
We offer the possibility to purchase value vouchers via our website. Vouchers cannot be exchanged for cash. Vouchers are not personal and therefore transferable. Our voucher offers are binding offers for the purchase of a voucher by the guest. lf the guest wishes to purchase a voucher, he can first configure it without obligation. This is done by selecting the desired amount, information about the donor, the recipient and if necessary a message to the recipient. The mandatory fields in the order form (first and last name and e-mail address) must then be completed and the payment method selected. In the order overview, the guest can check his data and information. The termination of the order process is possible at any time by closing the browser. Corrections can be made using the arrow button ("back"). After accepting the terms and conditions by clicking the appropriate box and clicking the button "buy voucher", a chargeable and binding contract for the purchase of the voucher is concluded with us.
Payment is made via PayPal, instant bank transfer or credit card.
2.1. PayPal
lf the payment method PayPal is selected, the guest will be redirected to the website of the online provider PayPal after conclusion of the contract. There he can enter his payment details and confirm the payment instruction to PayPal. In this respect, PayPal will be requested by the provider to initiate the payment transaction immediately after the order.
2.2. Credit card
By selecting the payment method credit card, the guest submits his necessary credit card data. After the legitimation as a legitimate cardholder, the provider requests the credit card company to initiate the payment transaction (charge your credit card). The guest will receive more detailed information on the payment transaction from the credit card issuing financial institution.
2.3. Instant bank transfer (Klarna)
Klarna Sofort-Überweisung is a free payment method with the TÜV certificates "Tested data protection" and "Tested payment system", which can be used without additional registration. The only requirement is an activated online banking account with PIN/TAN procedure. After the guest has selected the payment method Sofort-Überweisung, a payment form that is not accessible to the provider is loaded for the payment in compliance with the highest security standards. After entering the access data (account number, bank code, password) for online banking, the guest must confirm the transaction by TAN as with a regular bank transfer. Upon completion of the transfer process, the voucher amount is automatically transferred.
3. Delivery
The voucher is delivered with the order confirmation in the form of a digital (anonymous) QR code, which we send immediately after purchase to the e-mail address given to us. The readability of the QR code by a standard smartphone is a prerequisite for use. The
Coupon QR code must be presented when redeeming.
Vouchers are also partially redeemable. They may not be duplicated or manipulated in any other way.
4. Validity of vouchers
Vouchers are valid for 3 years, unless otherwise agreed. The period begins at the end of the year (31.12.) in which the voucher was purchased. Vouchers are immediately redeemable upon receipt.
We offer via our website the possibility to order food and beverages online and then pick them up yourself. The presentation of the products on the website represent binding offers for purchase. lf the customer wishes to order food and / or beverages, this is done by selecting the desired pick-up time (date and time) via the buttons "Today" or "Today".
"Other day" as well as "Select time" or "Fastest possible", by selecting the desired food and / or beverages via the "Add" button, clicking on the + and - symbols to specify the number and quantity and clicking the "Confirm" button to select products. After successful selection, the customer clicks on the "Shopping Cart" button to go to the overview page of his order. Here he can check the order. He can make a correction of his order at any time via the +/- field as well as the X field, with which the products are removed from the shopping cart.
The termination of the ordering process is possible at any time by closing the browser. Corrections can also be made via the arrow button ("back"). A binding acceptance of our offer is only made when the buyer has gone through the order process provided by entering the personal information required there, has accepted our terms and conditions, has selected the desired payment method and has clicked the button "Pay now!". By clicking on the button "Pay now!" a contract with costs is concluded for the order. Following the order, the buyer must go through the respective payment process and provide necessary information, which is requested by form.
After conclusion of the contract, the customer will immediately receive an e-mail confirmation of receipt of his order.
Payment is made via PayPal, instant bank transfer or credit card.
2.1. PayPal
lf the payment method PayPal is selected, the guest will be redirected to the website of the online provider PayPal after conclusion of the contract. There he can enter his payment details and confirm the payment instruction to PayPal. In this respect, PayPal will be requested by the provider to initiate the payment transaction immediately after the order.
2.2. Credit card
By selecting the payment method credit card, the guest submits his necessary credit card data. After the legitimation as a legitimate cardholder, the provider requests the credit card company to initiate the payment transaction (charge your credit card). The guest will receive more detailed information on the payment transaction from the credit card issuing financial institution.
2.3. Instant bank transfer (Klarna)
Klarna Sofort-Überweisung is a free payment method with the TÜV certificates "Tested data protection" and "Tested payment system", which can be used without additional registration. The only requirement is an activated online banking account with PIN/TAN procedure. After the guest has selected the payment method Sofort-Überweisung, a payment form that is not accessible to the provider is loaded for the payment in compliance with the highest security standards. After entering the access data (account number, bank code, password) for online banking, the guest must confirm the transaction by TAN as with a regular bank transfer.
Upon presentation of the confirmation of receipt of his order, it can be picked up on site at the selected pick-up time. The order will bekept ready for at least one hour after the pick-up time.
With regard to our event bookings, there is no right of withdrawal for consumers.
2.1 Furthermore, the customer cannot revoke the order as far as the delivery of goods is concerned,
2.2 For orders or parts of orders that do not fall under the above exclusions (e.g. for the purchase of vouchers), the customer is entitled to a right of withdrawal, provided that the customer is a consumer within the meaning of § 13 BGB. A "consumer" is any natural person who enters into a legal transaction for purposes that canpredominantly be attributed neither to his commercial nor to his independent professional activity.
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Saint Louis GmbH, Deutzer Freiheit 89, 50679 Cologne, phone number: +49 (0)221-16842810, e-mail address: info@louis-breakfast.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that yousend the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
lf you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that youhave chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the dayon which we received the notification of your revocation of this contract. For this repayment, we will usethe same means of payment that youused for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Model withdrawal form for Article 246a § 1 (2) sentence 1 number land§ 2 (2) number 2 EGBGB.
lf you want to cancel the contract, please fill out this form andsend it back.
To: Saint Louis GmbH, Deutzer Freiheit 89, 50679 Cologne, Phone number: +49 (0)221-16842810, E-mail address: cologne@louis-breakfast.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / provision of the following service (*)
Ordered on (*) /received on (*) :
_________________________________________________
Name of consumer(s):
_________________________________________________
Address of the consumer(s):
_________________________________________________
Date : ————————-
Signature of the consumer(s) (only in case of notification on paper)
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(*) Delete as applicable.
- End of the cancellation policy-
