General terms and conditions

1. Provider and scope

The contracting party is:

GASTWERT – Armin Bengel

Owner: Armin Bengel

Armin Bengel is a sole trader.

Telephone: 0174 20 58 321

Email: kontakt@gastwert.com

VAT identification number pursuant to § 27a UStG: DE369728734

These terms apply to contracts for the consulting services of GASTWERT. Contracts are concluded exclusively with entrepreneurs within the meaning of § 14 BGB. At the time the contract is concluded, the client must be acting in the exercise of their commercial or independent professional activity. Consumers within the meaning of § 13 BGB do not become contracting parties.

Deviating terms of the client apply only if GASTWERT expressly agrees to them. Individual agreements take precedence over these terms.

2. Subject of the services

GASTWERT advises on hospitality. The areas described publicly are:

• Host Consulting

  • Expert Consulting: 249 € plus VAT
  • Host Check: 790 € plus VAT

• Operator Consulting

  • Operations Review & Optimisation Plan: from 3,000 € plus VAT
  • Implementation & Scaling Support: Tailored Proposal

• Hospitality Development

  • Feasibility & Concept Review: from 4,900 € plus VAT
  • Concept Development & Project Support: Tailored Proposal
  • Operator Search & Selection: Tailored Proposal

The amounts stated are the fees communicated publicly on the website. Where a fee carries the addition “from”, that amount is the starting point. The scope and fee of individual support are set out in the proposal. The remuneration named in the individual proposal or contract is binding.

Where the website describes a free initial consultation, that conversation is not a service subject to a fee and is not the conclusion of a contract.

3. Conclusion of contract

The presentation of services and fees on this website is not a binding offer. An enquiry through the contact form, by email or by telephone is not a booking, not an order and not the conclusion of a contract. The contact form transmits the enquiry so that it can be handled. It does not conclude a contract.

A contract is formed when the client accepts an individual proposal from GASTWERT within the period stated in it, or both sides otherwise expressly agree the engagement, for example by a confirmation in text form.

There is no checkout, no online booking and no electronic conclusion of contract through this website.

4. Nature and scope of the consulting

GASTWERT provides consulting, analysis, concept and support services. What is owed is the agreed service, not a particular commercial outcome, unless something else is expressly agreed in an individual case.

In particular, no guarantee is given for:

• revenue, profit or return
• occupancy, nightly rates or booking numbers
• rankings on booking platforms
• property value, financing or grants
• permits
• commercial success of a project

Forecasts, scenarios and calculations are based on assumptions and on the information available when they are prepared.

5. Distinction from other advisory services

In project developments, GASTWERT advises commercially, conceptually and operationally from an operator’s perspective. Unless expressly agreed separately, GASTWERT does not provide:

• legal advice
• tax advice
• architectural services, engineering services, specialist planning or structural calculations
• financing advice or investment advice
• expert opinions
• review under building law or official permit planning

6. Client’s duties to cooperate

The client provides, in good time and in full, the information, documents and access required for the consulting.

GASTWERT may assume that the information provided is correct, so long as there are no obvious doubts.

If information is missing or arrives late, the dates affected may shift by a reasonable period. For the duration of that delay, GASTWERT does not owe the original timetable.

7. Appointments and changes of appointment

Agreed appointments are binding.

Individual consulting appointments may be postponed free of charge up to 48 hours before the agreed appointment, unless something else has been agreed.

If the client cancels an individual consulting appointment at shorter notice, or does not attend, claims of GASTWERT are governed by statute, in particular the rules on default of acceptance (Annahmeverzug). Expenses saved, and what GASTWERT obtains or maliciously fails to obtain by using the time that has become free elsewhere, are credited. The short notice period alone does not result in a flat payment of the full fee.

8. Remuneration and invoicing

GASTWERT does not work with a general requirement of payment in advance.

Individual consulting services are invoiced after the agreed service has been performed. That includes in particular Expert Consulting and the checks and analyses agreed in each case as a completed service.

For more extensive projects, in particular Implementation & Scaling Support and Concept Development & Project Support, advance or partial invoices are issued only if that is agreed in the individual proposal or contract. Such projects may be invoiced according to the project phases or milestones named there.

Invoices are due for payment within 14 calendar days of receipt, unless something else has been agreed. If the client is in default, the statutory provisions apply. No further consequences of default are agreed.

The remuneration stated in the respective proposal or contract is decisive and binding. The fees named on the website are net prices. Statutory VAT is added. The invoice shows VAT in accordance with the statutory requirements.

9. Additional services and travel costs

Additional services, in particular travel and accommodation costs, are charged only if they are agreed in the individual proposal or contract.

10. Changes to the scope of services

A changed or extended scope of services requires an agreement. The remuneration for it follows from that agreement. Further communication alone does not extend the engagement.

11. Work results and rights of use

The client may use individually prepared analyses, reports, concepts, presentations, calculations and other work results for the client’s own purposes pursued with the engagement.

Passing them on in connection with the project remains possible, in particular to employees, shareholders, financing partners, architects, planners and professional advisers.

Publication beyond that, or commercial reuse for other projects, requires a separate agreement. Mandatory statutory rights remain unaffected.

12. Confidentiality

GASTWERT treats confidential information of the client as confidential. That includes in particular figures, business models, internal processes, project information and economic data that are not public.

The duty does not apply to information that

• is already public or becomes public without a breach of duty,
• was already lawfully known to GASTWERT,
• is lawfully received from third parties, or
• must be disclosed on the basis of a statute or an official or court duty.

The duty continues for as long as there is a legitimate interest in confidentiality.

13. Naming as a reference

GASTWERT uses a name, logo, project or other details that identify a client publicly as a reference only with prior consent.

Acceptance of these terms, or the engagement itself, is not such consent.

14. Liability

GASTWERT is liable without limitation in cases of intent, gross negligence, culpable injury to life, body or health, and any other mandatory statutory liability.

In the case of a slightly negligent breach of essential contractual duties, liability is limited to the foreseeable damage typical of the contract. Essential contractual duties are duties the fulfilment of which makes the proper performance of the contract possible in the first place, and on the observance of which the client may regularly rely.

Otherwise, the statutory provisions remain unaffected.

15. Force majeure and impediments for which neither party is responsible

If a service is made substantially more difficult, or temporarily impossible, by an impediment for which neither party is responsible, the dates affected shift by the duration of the hindrance. GASTWERT gives notice of such an impediment as soon as it is recognisable. Anything further is governed by statute.

16. Term and ending of longer-term projects

The term and ordinary termination of longer-term support follow from the individual proposal or contract. The right to terminate extraordinarily for good cause remains unaffected.

If the contract ends, the services performed in accordance with the contract up to that point are invoiced. Flat cancellation costs are not agreed.

17. Set-off and rights of retention

The client may set off claims that are undisputed or have been finally determined by a court. Rights of retention remain limited to counter-rights from the same contractual relationship, insofar as that is permitted by statute.

18. Applicable law

The law of the Federal Republic of Germany applies.

19. Place of jurisdiction

If the client is a merchant (Kaufmann) within the meaning of the Handelsgesetzbuch, a legal person under public law, or a special fund under public law, the place of jurisdiction for disputes arising from the contractual relationship is Elzach, unless a mandatory statutory place of jurisdiction provides otherwise.

20. Final provisions

If individual provisions are invalid, the statutory rules apply in their place. The remaining provisions are unaffected.