Terms and Conditions

General Terms and Conditions (GTC)
This English version is provided for your convenience. Only the German version is legally binding.

All deliveries and services provided by Barformat are based exclusively on the following General Terms and Conditions in the version valid at the time the order is placed. Deviating terms and conditions of the customer only apply if Barformat expressly agrees to them in text form. Customers within the meaning of these GTC are consumers (Section 13 BGB) and entrepreneurs (Section 14 BGB). The terms customer and client are used synonymously below.

§ 1 Conclusion of contract

1. Offers from Barformat are subject to change and non-binding unless otherwise agreed in text form. The customer accepts an offer by placing an order in text form (e.g. by email).

2. A contract is only concluded upon Barformat's order confirmation in text form.

3. Before placing the order, the customer provides Barformat with all information essential for the event (e.g. number of guests, location and time frame). If the customer intentionally withholds such information, Barformat may withdraw from the contract.

4. Changes to the agreed scope of services (e.g. a different number of guests) require confirmation by Barformat in text form. Any resulting additional costs (e.g. for additional staff or goods) are charged in addition to the agreed price.

5. These GTC are provided to the customer together with the offer and become part of the contract when the order is placed.

§ 2 Prices

1. For consumers, all prices are final prices including statutory VAT. For entrepreneurs, prices are exclusive of statutory VAT.

2. The prices stated in the offer and order confirmation are authoritative.

3. The initial contact is free of charge for the client. This includes general offers and rough concepts. If, at the client's request, Barformat prepares detailed concepts, extensive offers or presentations before the order is placed, these will be charged according to the actual effort involved if this was agreed in advance. This also applies to additional effort due to repeated draft work and time-consuming corrections to offers or concepts already prepared.

4. Services not included in the offer that are performed at the client's request, as well as additional effort caused by incorrect information from the client, by transport delays for which Barformat is not responsible, or by preliminary work by third parties that is not on time or not performed properly and who are not Barformat's vicarious agents, are charged additionally at Barformat's current rates.

§ 3 Payment

1. Barformat may request a deposit of 50% of the agreed fee, due no later than 14 days after conclusion of the contract. If the period between conclusion of the contract and the event is too short for this, the deposit is due immediately, at the latest before Barformat travels to the event. The amount and due date of the deposit are set out in the order confirmation; in individual cases it may be waived.

2. Barformat issues a final invoice after the event. Barformat may invoice partial services separately once they have been performed. Invoices are payable without deduction within 5 working days of receipt.

3. After the payment period has expired, the customer is in default. Barformat may then charge default interest at the statutory rate: 5 percentage points above the base rate for consumers and 9 percentage points above the base rate for entrepreneurs (Section 288 BGB). The right to claim further damages for default is reserved.

4. The customer may only offset claims that are undisputed, have been legally established or acknowledged by Barformat, or arise from the same contractual relationship.

5. Goods delivered by Barformat remain the property of Barformat until paid for in full.

§ 4 Client's obligations to cooperate

1. The client names a contact person authorised to make decisions about the schedule and content of the event. This person can be reached at short notice for questions from Barformat, including during the event.

2. Barformat is not liable for disruptions to performance caused by the client's contact person being unavailable or by necessary arrangements not being made in time for reasons for which the client is responsible.

§ 5 Delivery dates

1. Delivery dates are only binding if Barformat has confirmed them in text form.

§ 6 References, copyright and rights of use

1. Barformat may name the customer's name or company name and logo as well as a short description of the event as a reference on its own website and social media profiles. The customer may object to this at any time in text form.

2. Barformat only publishes photos and videos in which people are recognisable if the necessary consents have been obtained. The customer is responsible for obtaining the consent of its guests; where the order is placed via an intermediary (e.g. event agency, restaurateur), this is the intermediary's responsibility. The rights to the recordings made by Barformat belong to Barformat.

3. Drafts and concepts created by Barformat are confidential. They may not be implemented by the customer or by other providers, nor passed on to third parties, without Barformat's express consent. For each culpable breach, Barformat may demand a contractual penalty of up to EUR 10,000, but no more than 10% of the order value of the respective concept.

4. The work produced by Barformat within the scope of the order, e.g. food and drinks menus, is protected by copyright as a personal intellectual creation. Suggestions made by the customer regarding the design or other contributions do not establish joint copyright.

5. The customer permits Barformat to advertise its own services to a reasonable extent during the event, e.g. with flyers, business cards, displays or monitor presentations.

§ 7 Withdrawal

1. The client may withdraw from the contract at any time before the start of performance. Withdrawal must be declared in text form. The date on which Barformat receives the declaration of withdrawal is decisive for calculating the deadlines.

2. If the client withdraws, Barformat may, instead of the agreed fee, demand flat-rate compensation amounting to the following shares of the agreed price:
– withdrawal more than 90 days before the start of performance: 40%
– withdrawal 90 to 61 days before the start of performance: 50%
– withdrawal 60 to 31 days before the start of performance: 70%
– withdrawal 30 to 15 days before the start of performance: 80%
– withdrawal from 14 days before the start of performance: 90%
– failure to take up the service without withdrawal: 100%

3. The flat rates take into account the expenses usually saved. The client is entitled to prove that Barformat has suffered no loss or a significantly lower loss. Barformat reserves the right to prove a higher loss.

4. For contracts purely for the rental of items, the flat-rate withdrawal fee is, in derogation from No. 2, a uniform 30% of the agreed price; No. 3 applies accordingly.

5. The start of performance is the start of the event or the day on which Barformat is to perform the contractually owed service.

6. Barformat may withdraw from or terminate the contract
– if the required staff are unavailable for reasons for which Barformat is not responsible (e.g. illness) and no equivalent replacement can be found,
– if an event occurs that is beyond Barformat's control and makes performance impossible or unreasonable (e.g. force majeure, official prohibition),
– if the customer fails to make a payment due despite a reminder with a reasonable deadline,
– if the customer seriously breaches material obligations under the contract or these GTC.
In the first two cases, Barformat informs the customer without delay and refunds payments already made for services not provided.

§ 8 Insurance

1. For the duration of the event, the customer insures the items brought to the event by Barformat (in particular bar equipment and rental items) as well as the goods and materials supplied against theft, burglary, loss and destruction. Barformat also recommends taking out event liability insurance.

§ 9 Missing or damaged items, soiling

1. The customer bears the duty of care for rental items from handover until return. Barformat charges for missing or damaged items, including glasses, at replacement value plus a handling fee of 15% of the replacement value, insofar as the customer is responsible for the loss or damage. This also applies to theft at the event location. The customer is entitled to prove that no handling effort or significantly less handling effort was incurred.

2. Rental items must be cleaned by the customer before return unless otherwise agreed. Barformat cleans items that have not been cleaned for a separate charge.

§ 10 Termination in the event of force majeure

1. If the event is considerably impeded, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both parties may terminate the contract. In this case, Barformat may demand reasonable remuneration for services already provided or still to be provided to bring the event to a close. There are no claims for damages due to the termination.

§ 11 Liability

1. Barformat is liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.

2. In the case of slight negligence, Barformat is only liable for breach of a material contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

3. The limitations of liability under No. 2 also apply in favour of Barformat's legal representatives and vicarious agents and to claims in tort.

4. For services involving increased risk, Barformat may require a separate liability agreement to be signed. At the client's request, Barformat offers a higher liability amount through appropriate liability insurance, insofar as the risks are insurable; in this case, the client bears the premiums.

5. If Barformat provides services to third parties on behalf of the client (e.g. guests or vicarious agents of the client), the client, if an entrepreneur, indemnifies Barformat against claims by these third parties insofar as they exceed Barformat's liability under this Section 11.

6. Barformat is not liable for materials, equipment and areas provided by the client or third parties for the event, unless Barformat is responsible for their defects.

7. Barformat is not liable for damage resulting from the staff acting on the client's instructions.

§ 12 Brokerage services

1. Barformat is not liable for disruptions to performance and damage in connection with third-party services that Barformat merely arranges or that are expressly marked as third-party services in the offer; Section 11 No. 1 remains unaffected.

2. Insofar as Barformat acts as an intermediary for services, artistic performances or similar, the client undertakes not to use the contacts established by Barformat for direct business during the term of the respective order. In the event of a breach, Barformat may demand the brokerage commission that would have been payable had Barformat arranged the service.

3. If Barformat acts as an intermediary in the name and on behalf of the client, the client bears the costs associated with the event, such as GEMA fees or local levies, directly.

§ 13 Warranty and cooperation in the event of disruptions

1. Barformat may exclude individual participants from the event, or withdraw from the contract for programme items with special physical or other requirements, if safe performance is not possible for reasons relating to the participant and this is also in the well-understood interest of the client or the participants.

2. If a service is not provided or not provided in accordance with the contract, the client should report this without delay and request a remedy so that Barformat can rectify the defect during the event. The client may only refuse an equivalent substitute service if it cannot reasonably be expected of them for an important reason recognisable to Barformat.

3. In the event of disruptions to performance, the client cooperates within reasonable limits to remedy the disruption and to minimise possible damage.

4. If the client is a merchant, Section 377 of the German Commercial Code (HGB) applies to notices of defects.

5. If the client provides rooms or areas for the event, the client is responsible for ensuring that they are approved and suitable. The client obtains any necessary permits, secures areas against general hazards and bears the duty to maintain safety for the rooms and areas provided.

§ 14 Non-solicitation

1. The client undertakes not to employ persons deployed by Barformat as temporary or permanent staff, engage them as subcontractors or place them with third parties for up to 18 months after the end of their deployment. A contractual penalty of EUR 5,100.00 per person is agreed for each culpable breach. Further claims for damages remain unaffected; any contractual penalty paid is credited against them.

§ 15 Data protection

1. Barformat processes the customer's personal data insofar as this is necessary for the performance of the contract (Art. 6(1)(b) GDPR). Details can be found in the privacy policy.

§ 16 Final provisions

1. The law of the Federal Republic of Germany applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Springe.

3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.

Last updated: 6 November 2026