Reservation regulations
Data protection:
Your data will only be used for the intended purpose (reservation at Cafe Theres’). It will not be passed on to third parties.
Reservation reservation:
The receipt of your enquiry via email or through our portal only constitutes an enquiry, there is no entitlement to the reservation. Only an offer on our part and your acceptance of the reservation by activating the link leads to a binding reservation. If the link is not activated in due time, the reservation automatically expires.
Reservation conditions:
A reservation is valid subject to the respective approval of the City of Munich.
Each reservation is subject to a minimum purchase of € 49.00 per person. After settlement of the invoice, a payment confirmation will be sent by email and the amount will be credited to your individual customer account held with us. The reservation is basically non-transferable and valid only on the issued reservation day. The reservation credit can only be deducted for the specified date and time. The payment confirmation serves as proof and is valid as confirmation for your reservation. Remaining amounts or unredeemed vouchers will be refunded by us after the Oktoberfest in the period from 04.10.2023 – 31.12.2023 or the unredeemed vouchers can be redeemed at Gasthaus Ayinger am Rotkreuzplatz. They cannot be given as a tip.
A private passing on of reservations for our marquee is permitted to the acquirer, if the passing on takes place via the online exchange platform Oktoberfest-Booking.com (www.oktoberfest-booking.com), which is officially authorized by us, in the manner provided for there or has been permitted by us in individual cases.
Any remaining amounts during the reservation are to be paid in cash, or by EC or credit card.
Please note: The minimum turnover is calculated according to the legal regulations without sales tax. After redemption of the amount, an invoice with sales tax for food and beverages can be issued at the Oktoberfest or afterwards.
Validity of the reservation credit:
The reservation is generally non-transferable and only valid on the issued reservation day. Any remaining amounts can only be redeemed until 03 October 2023 at Café Theres or until 31 December 2023 at Ayinger am Rotkreuzplatz. The validity of all possibly accrued remaining amounts ends on 31 December 2023. An extension of the validity of possible remaining amounts is not possible. No vouchers will be redeemed after 31 December 2023.
Binding nature of the reservation and tape dispatch:
The invoice includes a shipping and handling fee of € 15.00. Payment is due within 5 working days from the date of issue of the invoice. Any bank charges incurred for foreign bank transfers shall be borne by the client. Upon receipt of the invoice amount, a confirmation of payment will be sent by email. By the end of August at the latest, the admission wristbands will be shipped according to your reservation or can be picked up in person at Ayinger am Rotkreuzplatz on 02.09.2023 and 09.09.2023 between 12.00 – 18.00. Shipping is only possible until 08 September 2023 at the latest.
Ribbons can also be picked up during the Wiesn in the tent at the festival office during regular opening hours.
Binding to the reservation:
Reserved seats must be taken punctually and in full. Please be at the entrance of the tent 10min before the start of the reservation. Reserved seats can be kept free for a maximum of 15 minutes after the ordered time. Seats not occupied in time will be allocated by us elsewhere. If a table is completely abandoned, the right to recover the seats is forfeited.
Withdrawal by the client:
The client may withdraw from a reservation in whole or in part (number of tables) free of charge until 31 August 2023 by written declaration. In the event of a withdrawal from the reservation or a reduction in the number of tables through a written declaration by the client after 15 August 2023, the following cancellation fees shall apply:
from 01 September 2023 100% of the invoice amount.
Please note that a cancellation can only be made per entire table.
Number of participants:
Should fewer persons appear on the day of reservation than have paid in advance, no refund of the minimum consumption for these persons will be made. The client has no right to claim that an event can be held for the increased number of participants even if the number of participants is increased. We can point out to the client that the event can only be held for the originally notified number of participants without this entitling the client to cancellation or withdrawal.
Resignation of Cafe Theres’:
The reservation can be cancelled for factually justified reasons, especially if:
- force majeure or other obstacles to performance for which we are not responsible, such as official cancellation or early termination of the Oktoberfest, which cannot be overcome by reasonable efforts on the part of Cafe Theres’, make it impossible to fulfil the contract.
- despite existing agreements with suppliers of Cafe Theres’, we do not receive the necessary materials for the performance of the service in time.
Should one of these cases occur, we will immediately inform you about the unavailability or our withdrawal from the contract and refund the invoice amount. The client shall have no further claims. The burden of proof that we are responsible for a breach of duty with the procurement of the supplies lies with the client.
In the event that the Oktoberfest 2023 does not take place (cancellation by the City of Munich before the start of the festival), 100% of the reservation deposits (for minimum consumption) will be refunded. Shipping and handling costs will not be refunded.
Subject to change:
Cafe Theres’ is entitled to change or deviate from the service owed, taking into account the interests of the client in a way that is reasonable for them.
Bring food and drinks:
No food or drink may be brought in for consumption, nor may such food or drink be consumed on our premises. No third party service providers in the field of decoration or entertainment of any form may be employed on the premises of Cafe Theres’ without our consent.
We reserve the right to exercise domiciliary rights.
Liability:
We shall only be liable for damage caused intentionally and by gross negligence. The above limitations of liability do not apply in the case of claims for damages due to injury to life, limb or health. It is agreed that the standards of care are to be adapted to the extraordinary circumstances at the time of the Munich Oktoberfest, which means that the accusation of a grossly negligent breach of duty on the part of the user or his vicarious agents can only be considered under increased requirements. No liability is assumed for items brought along (jackets, bags, etc.).
Payment:
Payments at the event are to be made without any deductions immediately before leaving Cafe Theres’ in cash or by EC / accepted credit cards. Payment terms require a separate written agreement. All prices stated in these terms and conditions are gross prices and include service charges and statutory VAT.
Smoking ban:
In the entire Cafe Theres’, the valid Bavarian law for the protection of health applies during the Oktoberfest 2023. (This also applies to e-cigarettes)
Youth protection:
Children and young people under 16 years of age are only permitted to visit the Cafe Theres’ if accompanied by a parent or guardian. Children under the age of six are not permitted in the marquee after 8.00 p.m., even if accompanied by a parent or guardian. Children under 16 years of age are only permitted on the festival grounds after 8.00 p.m. if accompanied by a parent or guardian. The serving of alcohol to children and young people under the age of 16 is not permitted. Drinks containing spirits may not be served to young people under the age of 18.
Jurisdiction and place of performance:
German law shall apply to the contractual relationship. The place of jurisdiction and performance for both parties is Munich.
Validity of the General Terms and Conditions:
These General Terms and Conditions shall have priority over others.
Cafe Theres’ Status: July 2023