Reservation regulations

General terms and conditions for table reservations and stays in the Café Theres tent at the Munich Oktoberfest 2024

These general terms and conditions apply to all reservations between the

Café Theres´GbR
Owners: Josef Sperl and Katharina Wiemes
Lortzingstrasse 10
81241 Munich

and you as our customer, regardless of whether you are a consumer, entrepreneur or merchant.

All agreements made in connection with the reservation result from these general terms and conditions, our offer, your declaration of acceptance and our payment confirmation.

We do not accept any differing conditions from the customer, even if we have not expressly objected to their inclusion.

I. Non-binding reservation request

Non-binding reservation requests for the Café Theres’ marquee, stating the number of people for whom the reservation is to be made, are made by email to info@cafe-theres.de or via the online reservation portal Festzelt-OS, accessible at www.cafe-theres.de/reservieren to Café Theres’ GbR.

II. Binding reservation, dispatch of consumption vouchers and admission wristbands

A table reservation that is binding for Café Theres` GbR and the interested party (hereinafter: client) is made when the following requirements are cumulatively met:
- In response to the reservation request, Café Theres’ GbR makes a corresponding offer with a payment link. This offer includes:
  - a minimum consumption of EUR 59.00 per person
  - the cost of insured shipping according to the amount paid for the reservation
  - within Germany for an insured amount of up to:
    - EUR 1000.00: EUR 15.40
    - EUR 2,000.00: EUR 17.80
  - outside Germany and within the EU for an insured amount of up to:
    - EUR 1000.00: EUR 25.60
    - EUR 2,000.00: EUR 31.60
  - to Switzerland with an insured amount up to:
    - EUR 1000.00: EUR 29.20
    - EUR 2,000.00: EUR 35.20
  - In all other countries, different in accordance with the publication on the reservation portal of Café Theres’ GbR
  - a flat rate of EUR 1.50 per reserved seat
- this offer is accepted by activating the corresponding payment link and settling the total amount shown within 14 working days.
After receipt of payment, an invoice and a payment confirmation will be sent by email (this payment confirmation also serves as proof of the reservation made) and the food vouchers and entry wristbands will be sent insured to the address specified by the client (the entry wristbands cannot be picked up for logistical reasons). Unless otherwise agreed, the delivery period is seven working days. Any complaints regarding the completeness of the shipment must be made immediately upon receipt.

III. Consumption vouchers, entertainment invoice

Consumption vouchers can be redeemed during Oktoberfest in the period from September 21st, 2024 to October 6th, 2024 in the festival tent or at the street sales of Café Theres’ or until December 31st, 2024 in the restaurant “Ayinger am Rotkreuzplatz” of Sperl & Mohlhenrich GmbH, Wendl-Dietrich-Straße 5, 80634 Munich; cash payment is excluded.
Café Theres’ GbR will issue an invoice with VAT for food and drinks upon request.

IV. Implementation of the reservation, transferability

The reserved seats must be taken on time, at the latest 15 minutes after the start of the reservation. Seats that are not occupied approximately 15 minutes after the start of the reservation may be reassigned; the same applies if reserved places are given up.
The client has no right to a place for a larger number of people than the number he registered when making the reservation.
Consuming food and drinks that you have brought with you in the Café Theres marquee is prohibited. Without the consent of Café Theres’ GbR in writing or in text form, the client may not use any external service providers for decoration or entertainment in the Café Theres’ marquee.
Any orders for food and drinks that are not covered by consumption vouchers must, unless otherwise agreed, be paid immediately, at the latest when leaving the Café Theres’ marquee, in cash or by EC or a credit card accepted by Café Theres’ GbR.
The reservation is only valid on the issued reservation day.
The assignment of the reservation is possible via the authorized online exchange platform (www.oktoberfest-booking.com) in accordance with the specifications provided there, otherwise only with the consent of Café Theres’ GbR; The consent must at least be in text form to be effective.

V. Liability

Café Theres’ GbR and its vicarious agents are only liable for damage caused intentionally and through gross negligence. This restriction does not apply to the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the client trusts and may rely (cardinal obligations), as well as to liability for damages resulting from injury to life, body or health.

If an essential contractual obligation is breached through slight negligence, the liability of Café Theres’ GbR is limited to the foreseeable damage typical of the contract.

VI. Youth protection

Children and young people under the age of 16 are only permitted to visit the Café Theres’ marquee when accompanied by a legal guardian. Children under the age of six are no longer allowed to stay in the Café Theres marquee after 8 p.m., even when accompanied by a parent or guardian.

VII. Health protection

There will be a smoking ban in the entire Café Theres marquee during Oktoberfest 2024, which also extends to e-cigarettes. Smoking, heating and vaping cannabis products are also prohibited.

VIII. Applicable law, place of jurisdiction

This contract is subject to the law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, Munich is agreed to be the exclusive place of jurisdiction for all claims arising from or based on this contract.