terms

General terms and conditions of Mirabelle AG | Restaurant elmira

1 Scope

These general terms and conditions (GTC) govern the legal relationship between customers and Mirabelle AG, operator of Restaurant Elmira, hereinafter referred to as Elmira. Only the terms and conditions of Elmira valid at the time of conclusion of the contract, which are posted on the website, apply.

2 Conclusion of contract

These terms and conditions are binding as soon as at least one ticket has been purchased on the website. In any case, the contract is concluded when the service offered by elmira is used.

3 Services provided by elmira

elmira provides services that are carried out carefully to the best of its ability. It makes every effort to complete the agreement in a timely manner and to the complete satisfaction of its customers. When choosing food and drinks, value is placed on impeccable quality. All rights to the ideas, suggestions, drafts, sketches, illustrations and texts presented are the intellectual property of elmira.
Elmira has the right at any time to change the nature, scope, price, terms of purchase and purchase channels of the services it provides and to completely refuse to provide services in the event of late payment or other breaches of duty. Elmira reserves the right to slightly change its services in the event of short-term changes in the market offering due to missing goods or increased prices. In doing so, it takes into account the interests and wishes of customers and offers an equal alternative.
Any increase in statutory duties following the conclusion of the contract is at the expense of customers. Prices in foreign currencies are indicative and are calculated at the current exchange rate. All published prices can be adjusted at any time without notice to customers. The prices confirmed by Elmira are valid in each case.

4 Duties of customers

The customer undertakes to pay the agreed fee. Customers are also required to take all precautions so that elmira can provide its services to customers. Depending on the circumstances, this includes providing elmira with appropriate information and documents. Customers are also required to comply with the instructions of elmira employees, insofar as these are necessary to comply with legal requirements (such as noise protection, sleep, etc.).
In particular, specifying the menu choice at least 24 hours before the event and showing up on time are strict obligations to be met. If people do not show up at the agreed time, there is no entitlement to services from Restaurant Elmira and the refund of missed offers. In the event of delay, all obligations of Mirabelle AG towards customers expire.

5 Agreement between Elmira and the customer

Based on the selection of customers, Elmira will deliver a binding confirmation and the tickets electronically. If payment or provision of the credit card guarantee is not made on time, elmira can immediately terminate the contract or withdraw from the service promises made.

6 Withdrawal by Elmira

Elmira may withdraw from these terms and conditions no later than 7 days before the agreed date of the event without any cost or reason. Elmira is also entitled to extraordinarily withdraw from the contract for objectively justified reasons. Withdrawal is made by a unilateral written declaration.

Objectively justified reasons include, for example:

• force majeure or other circumstances for which elmira is not responsible that make it impossible to fulfill the contract;
• bookings that are booked with misleading or false information relating to the contract, e.g. in the person of the customer or the purpose of use;
• Elmira has reasonable reason to believe that the use of the agreed services may affect Elmira's smooth business operations or reputation;
• The purpose or occasion is illegal

In the event of a justified withdrawal by Elmira, the customer is not entitled to compensation and the compensation remains owed in principle.

7 Cancellation conditions

Elmira expressly excludes any monetary refund of tickets. If the customer withdraws from the contract, the following cancellation conditions apply, although the receipt of the customer's written cancellation (e.g. by e-mail) by Elmira is decisive:

• Up to 48 hours before the start of the event: Customers receive a voucher for a free visit on another date within a calendar year.
• Within 48 hours until the start of the event: There is no right to a refund.

Purchased tickets are transferable in case of prevention — the services purchased with the tickets apply, including the menu selection. If the customer is ill or has an accident, a medical certificate must be presented in any case. This is the only way to claim a right to a voucher. This right exists exclusively for persons with a medical certificate.

8 Liability

Elmira is committed to providing a high level of professional services. No liability is assumed for the statements and information in Elmira's advertisements and offers. Elmira makes no guarantees for the goal to be achieved. It only ensures that the promised services are provided in accordance with the standard standard of care in the industry.
Elmira disclaims any liability and warranty that could arise in connection with the provision of its services to customers, unless there are grossly negligent breaches of care.
Elmira is only liable for demonstrable damage to customers caused intentionally or through gross negligence. Liability for subsequent and indirect damage is excluded in any case.

9 Protection of minors

The sale of alcoholic beverages to minors is prohibited in Switzerland. Elmira can therefore make the handover of the goods dependent on the presentation of proof of age.

10 Data protection

Elmira may process and use the data collected as part of the conclusion of the contract to fulfill its obligations under the contract.
elmira takes the measures necessary to secure the data in accordance with legal regulations. Customers fully agree to the storage and use of their data by elmira in accordance with the contract and are aware that elmira is obliged and entitled, by order of courts or authorities, to disclose information from the customer to these or third parties.
If the customer has not expressly prohibited it, elmira may use the data for marketing purposes. The data necessary to perform the service may also be passed on to contracted service partners or other third parties.
Elmira takes all reasonable measures to protect the data it stores. Access to stored data by third parties at elmira or a contractual partner does not result in the liability of elmira and its contractual partners.

11 Salvatory clause

Should any provision of this contract be or become invalid, this shall not affect the validity of the rest of the contract.

12 Jurisdiction/Applicable Law

These terms and conditions are subject to Swiss law. Insofar as there are no mandatory legal provisions, the court at the registered office of Mirabelle AG has jurisdiction.

Mirabelle AG/Restaurant elmira Zurich, September 2022