General Terms and Conditions of Convivium GmbH
1. Scope of Application
These General Terms and Conditions apply to all private chef services and related services offered by Convivium GmbH („Convivium“), regardless of whether the request is made via convivium.at, by email, by phone, or through any other means. Any deviating agreement shall only be valid if expressly agreed with Convivium.
2. Scope of Services and Offer
The specific scope of services — in particular the event date, venue, number of guests, menu, price, and, where applicable, additional services — shall be determined in the corresponding offer or booking confirmation. Offers sent by Convivium shall be non-binding unless expressly stated otherwise. Changes to the agreed scope of services, in particular regarding the number of guests, the menu, or the event venue, must be coordinated with Convivium and may result in an adjustment to the agreed price.
3. Booking and Conclusion of Contract
Requests made through the website or through any other means shall initially be non-binding. The contract shall be considered concluded once Convivium confirms the booking in writing. Convivium may make the definitive reservation of the event date conditional upon timely payment of the agreed deposit. Until the booking confirmation has been issued, there shall be no entitlement to the reservation of a specific date.
4. Prices, Deposit, and Payment
The agreed prices shall be those stated in the corresponding offer or booking confirmation. To secure the reservation of the event date, a deposit equivalent to 30% of the estimated total price may be agreed. The remaining balance must be paid no later than three days before the event, unless otherwise agreed in writing. Subsequent changes, in particular regarding the number of guests, the menu, or other agreed services, may result in additional costs. These costs will be communicated to the client prior to the additional service being rendered, insofar as this is possible given the proximity of the event date. Agreed additional costs — for example, for special ingredients, additional equipment, longer-distance travel, or parking expenses — will be invoiced separately, unless already included in the agreed total price.
5. Number of Guests and Changes
The client must inform Convivium of the final number of guests no later than [e.g., five] days before the event. Any subsequent increase in the number of guests shall be subject to availability and shall require Convivium’s express approval. Any resulting additional costs will be invoiced separately. A reduction in the number of guests on short notice shall not, in principle, result in a corresponding reduction of the agreed price, to the extent that services have already been prepared, food has already been purchased, or other costs have already been incurred.
6. Menu and Product Availability
Convivium will make every effort to prepare the agreed menu in accordance with the booking confirmation. If certain ingredients are unavailable on short notice or cannot be obtained at the required quality, Convivium may, after coordinating with the client, substitute them with equivalent ingredients or reasonably adapt the corresponding dish. Substantial changes to the agreed menu will only be made after coordination with the client.
7. Allergies and Special Dietary Needs
The client must inform Convivium, at the latest by the time the final menu is set, of all known allergies, intolerances, and other special dietary needs of the guests. Convivium will take into account the allergies and intolerances communicated within the scope of the agreed service and will take the reasonable precautions required under the circumstances. Since dishes are typically prepared in a kitchen provided by the client or a third party, a completely allergen-free environment cannot be guaranteed, nor can the possibility of unintended cross-contact be fully excluded.
8. Event Venue and Client’s Duty to Cooperate
The client must ensure that the agreed event venue is accessible at the agreed time and meets the conditions necessary for the provision of the service. Unless otherwise agreed, the following must be available in particular: a functional kitchen, oven and stovetop, sufficient work surfaces, electricity and water connections, as well as the agreed number of plates, glasses, and cutlery. Convivium will provide the ingredients necessary for the agreed menu and any special equipment that has been agreed upon. The client must inform Convivium in advance of any particularities of the event venue that may be relevant to the provision of the service. If the service cannot be provided, or can only be provided in a limited manner, due to missing or inadequate facilities, lack of access, or other circumstances attributable to the client, Convivium’s legal rights to payment shall remain unaffected.
9. Cancellation by the Client
Cancellations must be communicated to Convivium in writing. In the event of cancellation:
- More than 14 days before the agreed event date: any deposit already paid will be refunded in full.
- Between 14 and 7 days before the event: 50% of the deposit paid may be retained.
- Between 6 and 3 days before the event: the deposit paid may be retained in full.
- Less than 3 days before the event: Convivium’s entitlement to payment shall be governed by applicable legal provisions, taking into account, in particular, services already rendered, costs already incurred, and any expenses saved as a result of the cancellation.
Costs already incurred that cannot be cancelled — in particular those relating to products purchased specifically for the event or third-party services — may be invoiced additionally, provided they are not already covered by a cancellation fee.
10. Unavailability of the Private Chef
Convivium’s services are, as a rule, provided personally by a specific private chef. The client therefore acknowledges that Convivium does not maintain a team or pool of substitute chefs. If the chef assigned to the event is unable to provide the agreed service due, in particular, to sudden illness, an accident, or another personal circumstance not attributable to Convivium, Convivium may cancel the event. Convivium will inform the client of such unavailability without delay. Convivium is not obligated to provide a substitute chef. Where possible and desired by the client, an alternative date may be agreed. If no new date is agreed, all amounts paid by the client for services not rendered will be refunded in full. The client’s legally mandatory rights shall remain unaffected.
11. Delays
If Convivium is unable to begin the service at the agreed time due to circumstances attributable to the client or the event venue, the timing of the event will be adjusted accordingly. In such cases, the client shall only be entitled to an extension of the agreed duration of the service where this is organizationally possible. Additional costs resulting from such an extension may be invoiced separately, after informing the client.
12. Liability
Convivium shall be liable in accordance with applicable legal provisions for damages culpably caused by Convivium or by persons engaged by Convivium to provide the service. Convivium shall not be liable for pre-existing damage, defects, or malfunctions at the event venue or in the equipment or facilities provided by the client, unless such damage was caused by Convivium. The client is responsible for ensuring that the equipment and facilities they provide are safe and in proper working order. Liability for damages resulting from incorrect or incomplete information provided by the client — particularly regarding allergies, intolerances, or the conditions of the event venue — shall be governed by applicable legal provisions.
13. Force Majeure and Other Extraordinary Events
If an event cannot take place due to extraordinary circumstances not attributable to either party — in particular official prohibitions, natural phenomena, severe traffic or infrastructure disruptions, or other comparable events — the parties will, where possible, endeavor to agree on a new date. If postponement is not possible or would be unreasonable for either party, the legal provisions regarding impossibility of performance and costs already incurred shall apply. The personal unavailability of the chef assigned to the event shall be governed by Section 10 of these General Terms and Conditions.
14. Right of Withdrawal in Consumer Contracts
Where the contract is concluded with a consumer at a distance or away from business premises, the provisions of the Austrian Distance and Off-Premises Contracts Act (FAGG) shall apply. For contracts relating to the supply of food and beverages, as well as contracts for services related to leisure activities where a specific date or period has been set for performance, there is, pursuant to § 18 paragraph 1 number 10 FAGG, no statutory right of withdrawal. The cancellation options agreed in Section 9 shall remain unaffected.
15. Governing Law and Jurisdiction
Austrian law shall apply. For contracts concluded with consumers, mandatory consumer protection provisions and statutory rules on territorial jurisdiction shall remain unaffected. For contracts concluded with businesses or professionals, the parties agree on the exclusive jurisdiction of the competent court in Vienna for all disputes arising from or in connection with the contractual relationship.