General Terms & Conditions

Scope of application
These General Terms and Conditions govern the legal relationship between guests and Ars Culinaria GmbH, the operator of the restaurant SEIN in Zurich.

Conclusion of contract
The contract is concluded upon acceptance of the offer, be it for catering services, the rental of premises or services outside the restaurant in the form of catering, events or consultations.
The scope of the services to be provided by Ars Culinaria GmbH is set out in the verbal or written reservation or order confirmation.
The guest is not entitled to a specific table or room. We reserve the right to make individual agreements to the contrary.

Prices and payment obligation
The communicated prices are in Swiss francs (CHF) and include the statutory value added tax. Guests are obliged to pay the agreed or applicable prices for the services used. 
From a reservation amount of at least CHF 1,000, payment by invoice is possible and desired. The payment period is 5 calendar days.
Restaurant SEIN reserves the right to issue invoices or interim invoices for its services at any time. The final invoice shall include the agreed price plus any additional amounts due to additional services provided by the restaurant for the guest and/or accompanying persons.
Payment can be made by EC card, Visa, MasterCard, Twint or cash.

Advance payment

For reservations of 10 persons or more, Restaurant SEIN has the right to demand payment on account of 50% of the agreed minimum consumption. The amount must be paid within 5 calendar days; once payment has been made, the event is considered definitively reserved.
The exclusive rental of Restaurant SEIN is on request and is linked to a minimum consumption.

Adjustments to reservations
Changes can be made up to 48 hours before the start of the event at the latest. We require the definitive number of participants for groups no later than 48 hours before the start of the event. If the actual number of guests is less than 5% lower than the number stated in the reservation confirmation, the services will be charged according to the actual number of participants.
Example: In the case of a reservation for 20 persons and 19 persons present, the invoice will only be issued for 19 persons.
If the actual number of guests is reduced by more than 5% compared to the number stated in the reservation confirmation, the restaurant reserves the right to demand compensation in the amount of the basic costs incurred for each missing guest (between the actual number and the 5% deviation from the reservation). The person making the reservation undertakes to pay this compensation. Cancellation provisions remain reserved.
If no guests appear despite a confirmed reservation, compensation amounting to the actual costs incurred shall be payable. Standardized or individual cancellation provisions agreed in writing directly with Restaurant SEIN remain reserved.

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Cancellation policy
Cancellations or changes to the number of guests must be communicated to Restaurant SEIN by the guests as early as possible and at the latest 48 hours before the reservation by e-mail.
For reservations of 1 to 6 persons, a free cancellation is possible up to 48 hours before the agreed reservation. Restaurant SEIN reserves the right to charge the basic costs incurred in the event of a later cancellation. 
In the case of reservations for 7 or more persons, a cancellation free of charge is possible provided that the cancellation declaration is received by Restaurant SEIN 10 calendar days before the agreed date of service.

Cancellation free of charge is no longer possible after expiry of the above deadlines. In this case, the provisions according to “Adjustments to the reservation” of these GTC shall apply. Restaurant SEIN has the right to charge an amount of at least CHF 85.00 per guest or, for reservations of 7 persons or more, to charge 100% of the confirmed offer as a “no-show fee”.

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Withdrawal by Restaurant SEIN
The declaration of withdrawal must be made in writing or by e-mail. It shall be legally effective provided it is addressed to the person named in the reservation and to the person who made the reservation.
Restaurant SEIN shall be entitled to withdraw from the contract up to 10 days before the agreed provision of services without stating reasons by means of a unilateral declaration of withdrawal.
Restaurant SEIN shall also be entitled to withdraw from the contract at any time for objectively justified reasons - by means of a unilateral declaration of withdrawal.
Justified reasons include, for example Force majeure, epidemics/pandemics, false and/or misleading information at the time of reservation, unlawful content of the stay, for example due to sectarian, sexist, racist or radical ideas. This list is not exhaustive.
Withdrawal shall release Restaurant SEIN from the obligation to provide the agreed services. In this case, guests are not entitled to compensation. In the event of withdrawal for justified reasons, the compensation for the booked services remains due in principle.

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Food and drinks
Food and drinks are to be purchased exclusively from Restaurant SEIN. In exceptional cases, a different agreement may be made for club or company meals. In this case, Restaurant SEIN is entitled to charge a service fee or a tap fee. The agreement must be made in writing.
Exceptions: Baby food or pet food may be brought in from outside.

Liability
Restaurant SEIN excludes liability to the extent permitted by law for slight and medium negligence and is only liable for damage caused intentionally or by gross negligence. Restaurant SEIN is not liable for items brought in by guests or third parties and accepts no liability for theft or damage to such items.

Guests shall be liable to Restaurant SEIN for all damage and losses caused by them, their companions or assistants, without Restaurant SEIN having to prove fault on the part of the guests. Guests are also liable for services and expenses provided by the restaurant to third parties. Parents are liable for their children.
If third parties have made the booking on behalf of the guests, they shall be jointly and severally liable with the guests to Restaurant SEIN for all obligations arising from the contract.
Any damage caused by guests to rooms, equipment, furniture and outdoor facilities shall be borne by the guests and will be charged to them. Guests are also liable to third parties in tort.

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Applicable law
Should a provision of these GTC be invalid or should the contract contain a loophole, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic intention of the parties. The same applies in the event of a loophole.
Guests recognize the registered office of Restaurant SEIN as the place of jurisdiction for all legal disputes in connection with these GTC and the associated services. The contract shall be governed by Swiss law.

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