§ 1 Preamble

Hey Group GmbH, Gormannstraße 14, 10119 Berlin, registered with the Commercial Register of the District Court of Berlin-Charlottenburg under HRB 168352 B (hereinafter "heycater!"), facilitates its clients (hereinafter referred to as “Customer”) in finding suitable catering services by sparing them the need to submit numerous inquiries to various catering providers. To this end, heycater! operates the online platform www.heycater.com (hereinafter referred to as the “PLATFORM”), through which food and beverage deliveries as well as related services (hereinafter referred to as “Catering Services”) can be booked from heycater! as the contractor.

The Customer is looking for such Catering Services and has the option to receive and commission various offers via the Platform.

The Customer may be either a “Consumer” within the meaning of Section 13 of the German Civil Code (BGB) or an “Entrepreneur” within the meaning of Section 14 BGB.

The contractual parties are hereinafter collectively referred to as “the Contracting Parties” or simply “the Parties.”

§ 2 Contracting Parties / Service Provider, Registration / Login Details, Request for Catering Service, Conclusion of Contract

2.1. heycater! provides a CATERING SERVICE agreed via the PLATFORM as the contracting party and service provider for the Customer.

2.2. heycater! has entered into agreements with a variety of CATERERS and internally utilizes these to perform the CATERING SERVICES.

2.3. The Customer must first register on the PLATFORM and select their personal login credentials (username and password). Required information includes, in particular: full name or company name, valid address, possibly a different billing address, phone number, and email address.

2.4. Login credentials are confidential and must not be shared with third parties. The Customer must ensure secure storage and regular password updates. If a CATERING SERVICE is ordered using these credentials, the order is deemed to have been placed by the Customer or an authorized representative — unless proven otherwise.

2.5. After logging in, the Customer can request a CATERING SERVICE via the PLATFORM. heycater! may, at its own discretion, offer different booking paths:

2.6. Special conditions related to the delivery location — such as construction sites, long walking distances, stairs, or non-functioning elevators — must be communicated by the Customer when placing the order, so that heycater! or its partners can plan accordingly. Customers must also inform heycater! of any required permits or parking passes.

2.7. Requests should ideally be submitted at least 48 hours before the event. The more complex the catering, the earlier the request should be submitted for optimal planning.

2.8. Offers related to the requested CATERING SERVICE are provided in the Customer’s PLATFORM account and communicated via the email address stored in their profile. The Customer may review, respond to inquiries, and coordinate further via phone, email, or directly through their account.

2.9. Once the Customer is satisfied with an offer, they confirm it by clicking the “Confirm Offer” button. This represents a binding order and a binding offer to enter into a contract for the selected and summarized CATERING SERVICE.

heycater! will first confirm receipt of the order placed via the PLATFORM by email. This email does not constitute binding acceptance unless explicitly stated.

A contract is only formed when heycater! accepts the Customer’s offer via an order confirmation email. The email address agreed upon by the parties, or the one in the Customer’s PLATFORM account, may be used.

2.10. heycater! will make every reasonable effort to fulfill catering requests, but does not guarantee fulfillment in every individual case.

§ 3 Services from heycater!

3.1. Catering

3.2. Delivery

3.3. Additional Services

If agreed separately, heycater! may provide further services for the Customer’s event, such as arranging venues or providing service staff.

3.4. Equipment

§ 4 Transport / Transfer of Risk

If buffet delivery is ordered and the items are not kept hot/cold or freshly prepared on food trucks or mobile counters, the following applies:

§ 5 Changes, Cancellations and Terminations of Individual Orders

5.1. All changes, cancellations, or terminations must be made via the PLATFORM for documentation and verification purposes.

5.2. The Customer may make minor changes up to 72 hours before the event. Minor changes include up to ±10% changes in headcount or individual services. In such cases, only the price is adjusted. Further changes require coordination with heycater! and are subject to cancellation fees.

5.3. Reductions exceeding ±10% are treated as (partial) cancellations. In such cases, heycater! may charge a cancellation fee based on notice period and order value. The following cancellation policy applies:

The “order value” in the table above refers to the value of the canceled portion of the service.

5.4. Unless explicitly agreed in writing during the request or order phase, heycater! may, at its discretion, replace the CATERER with an equivalent provider. In such cases, the Customer will be informed without delay.

§ 6 Delayed Delivery or Performance of Catering Services / Special Circumstances

6.1. An insignificant delay does not entitle the Customer to a reduction or any other adjustment of the fee for the CATERING SERVICE. The Customer bears the burden of proof and presentation regarding whether a delay is substantial. Circumstances cited by the Customer as material are only considered if such circumstances are reasonably foreseeable by heycater! and/or were disclosed during the request for offer. Subsequent notifications are only relevant if expressly accepted by heycater!, who reserves the right to demand a reasonable price adjustment.

6.2. If the delay is substantial, this results in a proportional reduction of the fee in accordance with the Customer’s loss of interest in the service, provided the interest was in fact lost. This does not apply if the Customer is responsible for the substantial delay — in such cases, no reduction applies.

6.3. If a substantial delay arises at short notice due to force majeure, the reduction will be split equally, i.e. both parties share the impact from the (partial) loss of interest in the CATERING SERVICE.

§ 7 Defects in the Catering Service

7.1. Obvious defects must be reported in writing to heycater! or the CATERER (contracting partner of heycater!) immediately (ideally on-site) upon receipt of service, but no later than 24 hours after the end of the event. Otherwise, the service is deemed accepted by the Customer.

7.2. If a defect is validly reported, heycater! is entitled to rectify the defect or make a suitable replacement within a reasonable timeframe. The Customer’s right to a price reduction arises only if the defect cannot be remedied and is not insignificant. The Customer bears the burden of proof regarding the materiality of the defect. The reduction must be proportional to the severity of the impairment. If the replacement leads to a significant delay, the rules in §6 apply.

7.3. Information provided by heycater! or partners regarding the delivery (e.g. weights, dimensions, layout of food) and any images (e.g. drawings or photos) are approximate unless exact conformity is essential for the contractual purpose. They do not constitute guaranteed characteristics. Commercial deviations are permissible if they do not impair usability.

7.4. Acceptable deviations in appearance, size, consistency, taste, or composition of prepared dishes do not constitute defects unless explicitly guaranteed by heycater! during order confirmation.

7.5. If feasible and reasonable, the Customer agrees to retain a sample of any defective product and provide it to heycater! for inspection.

No warranty is provided by heycater! for defects resulting from wear and tear, moisture, overheating, improper handling or storage by the Customer, or for defects caused at the explicit request of the Customer.

§ 8 Force Majeure

8.1. Force majeure includes any event beyond the control of either party that wholly or partially prevents them from fulfilling contractual obligations — including fire, flooding, strikes, lawful lockouts, unavoidable operational disruptions, or government actions. Supply issues or service disruptions on the part of heycater! or its partners are considered force majeure only if those entities are directly affected by an event as described.

8.2. The affected party must immediately notify the other of the occurrence and end of any force majeure event and shall make reasonable efforts to mitigate and overcome its effects.

8.3. In case of force majeure, the affected party is relieved of its obligation to perform or accept the CATERING SERVICE for the duration and to the extent of the disruption.

8.4. The parties will coordinate on how to proceed in such cases. Regardless, either party may withdraw from the contract if it is already foreseeable at the time of notification that the agreed service will become impossible.

8.5. The provision on force majeure in §5.3 takes precedence over the rules in §7.

§ 9 Prices / Service Fee Surcharge / Additional Services

9.1. Prices apply to the scope of performance and delivery listed in the order confirmation. In addition to the prices shown in the offer, a service fee from heycater! as outlined in section 9.2 will be added and shown prior to placing a binding order. Extra or special services will be agreed and invoiced separately.

9.2. For the provided services, heycater! charges the following fees (as of 01.05.2024):

9.3. If the start or continuation of the CATERING SERVICE is delayed significantly for reasons not attributable to heycater!, heycater! may charge separately for any additional effort incurred.

9.4. Any additional services requested or caused by the Customer that are not part of the original order will be charged separately — based on heycater!'s current price list, or if none exists, at customary local rates.

Additional services include (but are not limited to): extra quantities not covered by §5.2, costs for special packaging, or additional effort due to incorrect Customer details, third-party interference, transport delays not caused by heycater!, or non-compliance with cooperation duties by the Customer or other third parties (unless they are vicarious agents of heycater!).

§ 10 Payment Terms, Advance Invoices

10.1. Unless prepayment is required according to these GTC, the agreed price is due for payment within 14 calendar days after complete delivery and performance (including any acceptance agreed in the offer) and receipt of a proper invoice.

10.2. Invoices must be sent digitally via the platform or by email to the address stored in the customer’s profile or otherwise provided during the order. heycater! is also entitled, but not obliged, to send invoices by post.

10.3. For catering services exceeding a net order value of EUR 5,000 (five thousand euros), heycater! reserves the right to request a prepayment. The amount of the prepayment depends on the event date and ranges between 50% and 75% of the net order value (at heycater!’s sole discretion). If this amount is not paid, heycater! is entitled to refuse service. In such cases, the order is treated as a cancellation in accordance with §5.3 of these GTC.

10.4. heycater! is entitled to perform outstanding deliveries or services only against advance payment or provision of security if, after contract conclusion, circumstances become known that significantly reduce the Customer’s creditworthiness and jeopardize payment of heycater!’s outstanding claims from the contractual relationship (including from other individual orders governed by the same framework agreement).

§ 11 Liability

11.1. heycater! is liable for all damages culpably caused by itself, its representatives, or vicarious agents in cases of intent and gross negligence. In cases of:

• Injury to life, body, or health,
• Damages subject to the Product Liability Act,
• Breaches of cardinal obligations (i.e., obligations whose fulfillment is essential to the proper execution of the contract and on which the contractual partner regularly relies),
• Breaches of agreed product specifications or in cases of fraudulent concealment of defects

heycater! is also liable for slight negligence, and thus for any fault of its representatives or vicarious agents.

In the case of breaches of cardinal obligations, liability is limited to the typical and foreseeable damages, unless one of the above-mentioned broader liability cases applies.

11.2. The provisions of section 11.1 apply to all claims for damages (especially those in addition to or in lieu of performance), regardless of legal basis — including defects, breaches of contractual obligations, or tortious acts. They also apply to claims for reimbursement of wasted expenditures.

11.3. The above provisions do not imply a reversal of the burden of proof to the detriment of the buyer.

§ 12 Right of Withdrawal

12.1. Customers who are consumers as defined in §13 BGB have a right of withdrawal.

12.2. Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods not prefabricated and produced based on an individual selection or decision by the consumer or clearly tailored to their personal needs (§ 312g (2) no. 1 BGB),
• Contracts for the supply of goods that may spoil quickly or whose expiration date would be exceeded quickly (§ 312g (2) no. 2 BGB),
• Contracts for the supply of sealed goods not suitable for return for health protection or hygiene reasons if their seal was removed after delivery (§ 312g (2) no. 3 BGB),
• Contracts for the supply of goods which, after delivery, have been inseparably mixed with other goods due to their nature (§ 312g (2) no. 4 BGB),
• Contracts for the supply of alcoholic beverages whose price was agreed upon at the time of contract conclusion, but which can only be delivered at least 30 days after and whose current value depends on market fluctuations beyond the entrepreneur’s control (§ 312g (2) no. 5 BGB).

For any part of the order not falling under the above exclusions, the consumer (as defined in §13 BGB) retains the right of withdrawal.

§ 13 Final Provisions

13.1. Additions and amendments to the agreements made between heycater! and the Customer must be made in writing to be valid.

13.2. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this would deprive a consumer of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. In that case, the law of that state applies.

13.3. For disputes with customers who are not consumers, public law entities, or special funds under public law, the place of jurisdiction shall be the registered office of heycater!. For all other Customers, this also applies to disputes arising from or in connection with the order if, after the conclusion of the contract, the Customer relocates to another country or their residence or habitual place of residence is unknown at the time of filing a complaint.

Effective as of: 01.05.2024

§ 1 Preamble

Hey Group GmbH, Gormannstraße 14, 10119 Berlin, registered with the Commercial Register of the District Court of Berlin-Charlottenburg under HRB 168352 B (hereinafter referred to as “heykantine!”), offers its clients (hereinafter “Customer” and/or “Client” and/or “Employer”) catering services for employees, including food and beverage supply. For this purpose, heykantine! operates the online platforms www.heycater.com, www.heycater.de, www.heykantine.de, and www.heycanteen.com (collectively referred to as the “PLATFORM”), through which employees of Customers can order food and beverages to delivery locations previously agreed upon between the CUSTOMER and heykantine! (hereinafter “Catering Service”). These services may be subsidized by the employer. The Catering Services may be provided by subcontractors (“CATERERS”) on behalf of heykantine!.

§ 2 Offer for Businesses Only

The heykantine! offer is exclusively aimed at businesses within the meaning of § 14 of the German Civil Code (BGB), i.e., a natural or legal person, or a legally capable partnership acting in the course of their commercial or independent professional activity when concluding a legal transaction.

§ 3 Engagement / Form / Registration as Employer

3.1. Clients typically engage heykantine! to provide meals for their employees using standard remote communication methods (especially email). If made available by heykantine! on the PLATFORM, engagement may also occur via an online process. An oral agreement alone does not constitute a binding contract.

3.2. After conclusion of the contract, the Customer is registered as an employer on the PLATFORM, unless already registered through other services of Hey Group GmbH. Registration takes place at the discretion of heykantine!, either directly by the Customer on the PLATFORM or by submitting the requested data in a format specified by heykantine! (e.g., via online form). Required information includes first and last name or company name, valid address, alternate billing address if applicable, commercial register number if available, phone number, and email address.

3.3. Login credentials chosen by or assigned to the Customer must be kept confidential and not shared with third parties. The CUSTOMER must ensure that credentials are stored securely and that passwords are changed regularly.

3.4. The CUSTOMER must also provide information on the number and address of the operating locations to be served, the number of employees eligible to order from each location, their email addresses, and other relevant details. If the Customer opts to subsidize the catering for employees, details about the amount and any restrictions (e.g., time, location, type of meals) must be specified within the limits set by heykantine!.

3.5. Any special conditions relating to the delivery location, such as long walking distances, rear courtyard buildings, staircases, or lack of delivery parking, must be communicated by the employer at the time of order so that heykantine! or its CATERERS can plan accordingly.

§ 4 Customer Obligations / Use of Reusable Packaging / Replacement of Lost Units

4.1. The Customer agrees to provide all information submitted on the PLATFORM or through other means (see especially § 3 of these GTC) a.) truthfully and b.) to regularly check this data for accuracy, completeness, and currency. This applies especially — but not exclusively — to information stored in the Customer section of the PLATFORM.

4.2. The Customer is obligated to accept the catering orders made by its EMPLOYEES at the agreed delivery location and allow delivery (and retrieval of accessories or reusable packaging as per § 4.4) by heykantine! or its subcontractors.

4.3. The CUSTOMER is responsible for informing its EMPLOYEES as required in § 8.3.

4.4. Meals ordered via heykantine! by EMPLOYEES are typically delivered in reusable packaging. If packaging items (usually 2 per meal — e.g., a bowl and lid) are not returned during the next delivery, heykantine! may charge flat-rate damages: €6.00 per bowl and €4.00 per lid. Each party may provide evidence that actual damage was higher or lower; in such case, the replacement cost must be reimbursed, not just the depreciated value. A packaging item is considered “lost” if it was present at delivery and not returned at the next meal delivery.

§ 5 Use of the PLATFORM by Employees

The CUSTOMER informs heykantine! which of their employees are authorized to use the heykantine! offering by providing login-eligible email addresses. With these employees, heykantine! enters into separate contracts for the ordering of CATERING SERVICES and settles accounts directly with them. This does not affect the cost components that the CUSTOMER has agreed to cover (see §11).

§ 6 Services Provided by heykantine!

6.1. In the external relationship between heykantine! and the Customer, heykantine! is the sole service provider and point of contact.

6.2. However, heykantine! is entitled to subcontract the Catering Service to third parties (“CATERERS”). heykantine! has agreements with numerous CATERERS and uses them internally for service fulfillment.

6.3. heykantine! handles the entire administration process from ordering to delivery and billing with the ordering employees.

6.4. heykantine! is also responsible for invoicing the CUSTOMER for the cost components they are responsible for (see §11), including any subsidies granted by the CUSTOMER as a reduction in the catering price for employees. heykantine! does not handle payroll accounting or bookkeeping related to these subsidies — that remains the sole responsibility of the CUSTOMER. However, heykantine! provides the CUSTOMER with reporting that includes: a.) the day of the orders, b.) the number of orders placed by EMPLOYEES, c.) the breakdown of those orders by dish, and d.) the total employer subsidy per billing period. Individual employee data is not shared for privacy reasons.

§ 7 Visual Representation of Catering Offers / Food Regulations

7.1. Details from heykantine! or its subcontractors about the goods or services (e.g., weights, dimensions, presentation of meals) and illustrations (e.g., drawings or images) are approximate unless exact conformity is necessary for the intended contractual use. These are not guaranteed characteristics but general product descriptions. Commercially acceptable deviations are allowed as long as they do not impair the intended use.

7.2. Acceptable deviations in appearance, size, consistency, taste, or composition of prepared meals do not constitute a defect unless explicitly confirmed as guaranteed characteristics by heykantine! during order confirmation.

7.3. heykantine! commits to fulfilling legal food labeling obligations for the ordering EMPLOYEES (Customers’ employees), especially under the LMIDV (Food Information Regulation), including the correct and complete declaration of additives and allergens.

§ 8 Database / Entering Authorized Employees / Data Protection / Liability

8.1. The CUSTOMER will only provide heykantine! with personal data of EMPLOYEES who have explicitly expressed interest in the CATERING SERVICE.

8.2. The CUSTOMER is obligated to inform employees about the transfer of their email address to heykantine! (see §8.1).

8.3. The CUSTOMER is responsible for ensuring that the personal data of employees is properly collected, processed, and transferred, and that all necessary consent has been obtained and not revoked. If such consent is withdrawn or otherwise lost, the CUSTOMER must inform heykantine! without delay. The CUSTOMER bears full responsibility for this within the internal relationship with heykantine!. If heykantine! is held liable by (former) EMPLOYEES due to such data handling, the CUSTOMER shall indemnify heykantine! fully against all claims (especially damages, fines for data breaches, and legal costs).

§ 9 Minimum Contract Duration / Automatic Renewal / Termination Notice

9.1. The minimum contract period for supplying a registered business location is 3 months. If the agreed start of the catering service is not the first day of a month, the minimum term will be extended by the remaining days of that partial month (i.e., 3 months + remainder of the starting month).

9.2. At the end of each contract period, the agreement is automatically extended by 1 month unless terminated by either party with 1 month's notice to the end of a calendar month.

§ 10 PLATFORM / Configuration Options for the CUSTOMER

10.1. The heykantine! PLATFORM is continuously developed. This means new configuration options may be introduced, and existing ones may be discontinued.

10.2. Until further notice, the CUSTOMER may configure the following employee catering options:

a) specify and modify delivery locations,

b) designate a central handover point per location,

c) define and modify eligible employees or employee groups,

d) determine and modify the amount of employer subsidy,

e) set a standard delivery rhythm (e.g., only certain weekdays),

f) define additional individual delivery day settings,

Since employees can place orders in advance (typically up to 2 weeks), changes according to items a), b), c), d), e), and g) will only take effect after the current pre-order period ends.

10.3. heykantine! reserves the right to reject or delay implementing CUSTOMER settings or changes under §10.2. In this case, heykantine! will notify the CUSTOMER immediately (no later than the end of the next business day).

10.4. The PLATFORM also offers the CUSTOMER insights such as reporting.

§ 11 Costs (Basic Fee / Other Fees and Costs / Minimum Sales Volume)

11.1. heykantine! receives the following payments for its services:

- a monthly basic fee. Unless otherwise agreed, this amounts to €199 per month.
- a service fee. Unless otherwise agreed, this is 5.5% of the total gross delivery value of the CATERING SERVICES delivered to employees (including employer subsidies and delivery fees covered by the CUSTOMER).

11.2. Additionally:

- the CUSTOMER covers delivery fees for each meal delivery. Unless otherwise agreed in writing, this is €20.00 per delivery and per delivery location.
- the CUSTOMER reimburses the daily minimum order shortfall if the agreed minimum order value is not met per registered location. No prior warning from heykantine! is required. Unless agreed otherwise, the daily minimum order value is €200 and only applies to delivery days defined by the CUSTOMER.
- the CUSTOMER pays the employer subsidy they have set and that heykantine! deducted when pricing meals for employees.

11.3. Furthermore:

- the CUSTOMER is obligated to pay flat-rate compensation for lost reusable packaging units as specified in §4.4 of this agreement.

§ 12 Delivery Time and Delivery Location

12.1. The employer designates a central handover point for the CATERER at the respective delivery location.

12.2. If a delivery time is agreed, delivery within a time window of 30 minutes before and up to 15 minutes after this time is in any case considered contractually compliant. Delivery outside this time window is also considered compliant unless the CUSTOMER proves that the delay was “material.” The CUSTOMER bears the burden of proof and presentation regarding materiality. Circumstances cited by the CUSTOMER are only considered if they are typically foreseeable for heykantine! and/or were communicated in writing at the time of contract conclusion. Subsequent notifications are only relevant if expressly accepted by heykantine!, who reserves the right to demand a reasonable price adjustment in such cases.

12.3. If the delay is material, it results in a proportional reduction of the fee in line with the extent to which the CUSTOMER or its EMPLOYEES no longer had (or should no longer have had) an interest in the service. This does not apply if the CUSTOMER is responsible for the delay, in which case no reduction applies.

12.4. If the material delay occurs at short notice due to force majeure, the fee reduction is split equally — both parties share the impact caused by the (partial) loss of interest in the catering service.

§ 13 Force Majeure

13.1. Force majeure is any event outside the control of the respective contractual party that partially or wholly prevents them from fulfilling their obligations, including fire damage, flooding, strikes, lawful lockouts, unforeseen operational disruptions, or official orders. Supply issues or other performance disruptions on the part of heykantine! or its partners are considered force majeure only if those entities are themselves affected by such an event.

13.2. The affected party must immediately inform the other party of both the onset and cessation of the force majeure and must make every reasonable effort to eliminate or mitigate its impact.

13.3. In cases of force majeure, the affected party is released from its obligations to perform or accept the catering service for the duration and to the extent of the disruption.

13.4. The parties will coordinate how to proceed in such cases. Regardless, either party may withdraw from the contract if it is already foreseeable at the time of notification that performance of the agreed catering service has become impossible.

13.5. The provision in §12.3 regarding force majeure takes precedence over the provisions in this §13.

§ 14 Transfer of Risk / Defects in the Catering Service

14.1. heykantine! accepts no liability for improper storage of the delivered goods after handover at the delivery location.

14.2. Complaints about obvious defects must be submitted in writing, including photos and specific details, to heykantine! without delay after detection, and no later than 24 hours after receipt of the goods. Otherwise, the service is deemed accepted by the Customer.

14.3. heykantine! provides no warranty for defects caused at the delivery location due to wear and tear, moisture, heat, improper handling or storage by the CUSTOMER and/or its EMPLOYEES, or other circumstances for which they are responsible — or if caused at the CUSTOMER’s explicit request.

§ 15 CUSTOMER’s Obligation to Refrain from Direct Contact with Subcontractors / CATERERS

The CUSTOMER is prohibited from making any direct or indirect contact or communication with a CATERER acting as subcontractor regarding the ongoing catering service for the CUSTOMER or their employees, except through the contact channels provided by heykantine! (especially the PLATFORM).

§ 16 Payment Terms, Advance Invoices

16.1. heykantine! is entitled to issue monthly invoices.

16.2. Invoices are payable within 14 calendar days from receipt of a proper invoice.

16.3. Invoices will be sent in digital form — at heykantine!’s discretion — either uploaded to the PLATFORM’s message area or emailed to the address saved in the Customer’s profile. heykantine! is also entitled, but not obliged, to send invoices by post.

16.4. heykantine! is entitled to require advance payment or security for outstanding services if, after contract conclusion, it becomes aware of circumstances that significantly impair the CUSTOMER’s creditworthiness and put payment of open claims at risk.

§ 17 Liability

17.1. heykantine! is liable for all damages culpably caused by itself or its legal representatives or agents in cases of intent or gross negligence. In cases of:
h) Injury to life, body, or health,
i) Damages falling under product liability law,
j) Breach of cardinal obligations (i.e., obligations essential to contract fulfillment and on which the Customer regularly relies),
k) Breach of agreed specifications or fraudulent concealment of defects,
heykantine! is also liable for slight negligence by itself or its agents. In the case of a breach of cardinal obligations, liability is limited to foreseeable, typical damages unless one of the broader liability cases listed above applies.

17.2. The provisions of §17.1 apply to all claims for damages (including those in addition to or in lieu of performance), regardless of legal basis — including defects, contractual breaches, or tort. They also apply to claims for reimbursement of wasted expenses.

17.3. The above provisions do not alter the burden of proof to the detriment of the buyer.

§ 18 Final Provisions

18.1. Additions and amendments to the agreements made between heykantine! and the Client must be made in writing in order to be valid.

18.2. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless this would deprive a consumer of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence. In that case, the law of that country applies.

18.3. For disputes with customers who are not consumers, legal entities under public law, or special public funds, the place of jurisdiction shall be the registered office of heykantine!. For all other Clients, this also applies to disputes arising from or in connection with the order, if the Client relocates their residence or habitual place of residence to another country after contract conclusion, or if their residence or habitual place of residence is unknown at the time a claim is filed.

§ 1 Preamble

Hey Group GmbH, Gormannstraße 14, 10119 Berlin, registered in the commercial register of the Berlin-Charlottenburg district court under HRB 168352 B (hereinafter referred to as “heykantine!”), offers its clients (hereinafter “Client” and/or “Customer” and/or “Employer”) catering services for their employees, including the provision of food and beverages.

For this purpose, heykantine! operates the online platforms www.heycater.com, www.heycater.de, www.heykantine.de, and www.heycanteen.com (hereinafter collectively referred to as the “PLATFORM”), through which employees of clients (hereinafter “EMPLOYEE” and/or “USER”) can order food and beverages to predefined delivery locations agreed upon by the CLIENT and heykantine! (hereinafter referred to as “Catering Service”).

These services may be subsidized by the employer. The catering service(s) may be provided by subcontractors (“CATERERS”) on behalf of heykantine!.

§ 2 Requirements

2.1. This offer from heykantine! is directed exclusively at EMPLOYEES (i.e., consumers as defined by § 13 BGB) of heykantine!’s CLIENTS. Therefore, a prerequisite is that the CLIENT and heykantine! have previously entered into a contract for the provision of catering services for employees.

2.2. Furthermore, the offer is limited to EMPLOYEES who have been authorized by their EMPLOYER and whose information has been shared with heykantine! For example, the EMPLOYER may, after independently obtaining the EMPLOYEE’s consent, forward the EMPLOYEE’s email address to heykantine!. It remains at heykantine!’s discretion to introduce alternative verification methods in the future (e.g., activation codes, etc.).

2.3. Additionally, the EMPLOYER may define various parameters for the catering services provided to their EMPLOYEES (e.g., delivery on specific days only, limited time windows, as well as whether or not meal subsidies are granted).

§ 3 Registration of EMPLOYEES / Contract Conclusion / Orders

3.1. Access to the PLATFORM and the services offered by heykantine! requires the USER to register.

3.2. Only natural persons of legal age who meet the requirements set forth in § 2 may register.

3.3. By registering, the USER accepts these terms and conditions. Upon registration, a contractual relationship between heykantine! and the registered USER is established and governed by the provisions of these terms and conditions.

3.4. Login credentials selected by the USER or assigned to them must be kept confidential. They may not be shared with third parties. The USER must ensure that the credentials are stored securely and that passwords are changed regularly.

3.5. When a USER places a paid order for a CATERING SERVICE, a separate contractual relationship is formed between the USER and heykantine!, independent of registration. Prior to completing the order, the USER will be informed about the chargeable service and the applicable payment terms. This contract is concluded when the USER confirms the order and the associated payment obligation by clicking the “Place binding order” button.

§ 4 Delivery Location and Delivery Time

4.1. Delivery locations must be those previously coordinated and agreed upon between the EMPLOYER of the USER and heykantine!. Additional delivery locations are not possible. The USER is expected to plan accordingly in terms of time and logistics.

4.2. If a delivery time has been agreed upon, delivery within a time window of 30 minutes before and up to 15 minutes after the specified time is always considered contractually compliant. If delivery occurs outside this time window, it is still considered contractually compliant unless the USER can prove that the delay is “material.” The burden of proof lies with the USER. Circumstances cited by the USER as justification must only be considered if they are reasonably foreseeable by heykantine! and/or were communicated in writing at the time of contract conclusion. Subsequent notifications are only valid if explicitly accepted by heykantine!, which reserves the right to request an appropriate price adjustment in such cases.

4.3. If a delay is deemed material, it will result in a proportional reduction in the fee, corresponding to the extent to which the USER no longer had or could reasonably be expected to have an interest in the service. This does not apply if the material delay is due to circumstances for which the USER or their EMPLOYER is responsible. In such cases, no reduction will be granted.

4.4. In cases where the material delay is caused by force majeure occurring at short notice, the reduction in fee shall be split equally between the parties, i.e., both parties share the loss of interest in the catering service.

§ 5 User Obligations / Use of Reusable Packaging / Compensation for Lost Packaging Units

5.1. The USER agrees to provide all information submitted on the PLATFORM or by other means (e.g., as outlined in Section 3 of these terms) a.) truthfully and b.) to review and update such information regularly for accuracy, timeliness, and completeness. This applies in particular—but not exclusively—to the details stored in the customer section of the PLATFORM.

5.2. Meals ordered by USERS via heykantine! are generally delivered in reusable packaging. For each lost packaging component (usually 2 per meal, e.g., a bowl as the base and the corresponding lid as the top), heykantine! is entitled to a flat-rate compensation of €6.00 per bowl and €4.00 per lid. Either party may present evidence that the actual damage is higher or lower, in which case the new purchase price shall be reimbursed—not merely the replacement value. A packaging component is considered “lost” if it was present at the time of delivery and is not returned to heykantine! or the subcontractor with the next meal delivery. In the case of lost packaging items, liability also lies with the EMPLOYER based on a separate agreement. heykantine! is free to choose which of the two contracting parties to claim compensation from. Any settlement must be handled solely between the EMPLOYEE and the EMPLOYER internally.

§ 6 Services by heykantine!

6.1. In the external relationship between heykantine! and the USER, heykantine! is the sole service provider and point of contact.

6.2. However, heykantine! is entitled to delegate the catering service to subcontractors (“CATERERS”). heykantine! has contracts with a wide range of CATERERS and relies on them—internally—for the execution of the catering services.

6.3. heykantine! handles the entire administration from ordering to delivery to billing with USERS, and for certain cost components (e.g., delivery charges and employer subsidies), with the EMPLOYER.

6.4. heykantine! provides the USER with its PLATFORM for placing catering orders. Within the restrictions set by the EMPLOYER, catering services can be selected and ordered.

6.5. heykantine! offers its PLATFORM in a way that allows pre-orders for a defined time period in advance. Within certain time limits, the USER can cancel or modify pre-orders free of charge (see also § 9 of these terms).

§ 7 Visual Representation of Catering Offers / Food Labeling Regulations

7.1. Information provided by heykantine! or its subcontractors regarding the items delivered or services rendered (e.g., weights, dimensions, arrangement of dishes, etc.), as well as visual representations (e.g., drawings and images), are only approximate unless an exact match is essential for the intended contractual purpose. These are not guaranteed product features but descriptions or identifiers of the delivery or service. Commercially customary deviations are permissible as long as they do not impair the use for the intended contractual purpose.

7.2. Acceptable deviations in appearance, size, consistency, taste, or composition of prepared dishes do not constitute defects unless explicitly confirmed by heykantine! as assured characteristics during the ordering process.

7.3. heykantine! is committed to complying with the legal requirements for food labeling—particularly the LMIV (EU regulation on consumer food information), such as the declaration of additives and allergens—and to providing all required information properly, completely, and truthfully.

§ 8 Data Sharing with the Employer

8.1. heykantine! may share the USER's personal data with their EMPLOYER to the extent necessary and/or appropriate in order to a.) ensure that the service is only used by authorized USERS and b.) properly process the reimbursement of an agreed EMPLOYER subsidy toward the catering costs.

§ 9 Cancellations and Changes to Orders

9.1. Cancellations and changes by the USER to placed catering orders are allowed up to 24 hours before the agreed delivery time and are free of charge. The 24 hours only count as business days (Monday through Saturday) and exclude public holidays. (Example: If catering is ordered for May 2nd at 12:00 PM, cancellation or changes are only possible—due to the public holiday on May 1st—until 12:00 PM on April 30th.)

§ 10 PLATFORM / USER Configuration Options

10.1. The heykantine! PLATFORM is subject to ongoing development. This means new configuration options may be added, and existing ones may be discontinued.

10.2. Until further notice, USERS can use the PLATFORM to order catering services for approved delivery locations a few days in advance. Delivery takes place at a central location agreed upon between the EMPLOYER and heykantine!, not directly to individual EMPLOYEES.

10.3. The USER may continue to cancel or change their orders, in accordance with § 9 of these terms.

§ 11 Costs / Payment Terms

11.1. heykantine! charges the USER the price shown in the offer for the ordered catering service. heykantine! also receives certain price components from the EMPLOYER, which are not shown to the USER.

11.2. The USER may also be held responsible for reusable packaging that is lost (see § 5 of these terms).

11.3. Orders must be paid for immediately at the end of the ordering process. heykantine! offers several payment methods but reserves the right not to offer all methods at all times or to all USERS. A reasonable surcharge may apply for specific payment methods.

11.4. If a cancellation or order change leads to a refund for the USER, the amount will be credited to their user account. The USER can use the credit for future orders or request a payout. Refunds are usually made via the last-used payment method.

§ 12 Force Majeure

12.1. Force majeure refers to any event beyond the control of the contractual parties that wholly or partially prevents them from fulfilling their obligations, including fire damage, flooding, strikes, lawful lockouts, operational disruptions not caused by the party, or government orders. Supply shortages or other service disruptions on the part of heykantine! and/or its partners are only considered force majeure if they themselves are prevented from fulfilling their obligations due to such events.

12.2. The affected party must immediately inform the other party of the start and end of the force majeure event and make every reasonable effort to mitigate its impact.

12.3. In such cases, the affected party is released from its obligation to deliver or accept the catering service for the duration and scope of the disruption.

12.4. The parties shall coordinate on how to proceed. Regardless, either party may withdraw from the contract if it becomes apparent that the agreed catering service can no longer be provided.

12.5. The provisions in § 4 take precedence over those in this § 12.

§ 13 Transfer of Risk / Defects in Catering Services

13.1. heykantine! accepts no liability for improper storage of delivered goods once handed over at the delivery location.

13.2. Obvious defects must be reported to heykantine! immediately upon discovery in written form, with photos and specific details—no later than 24 hours after receiving the goods. Otherwise, the service is deemed accepted by the customer.

13.3. Warranty claims are excluded if the defect arises from wear, moisture, overheating, improper handling, or storage by the USER and/or their EMPLOYER or related parties—or if caused at the USER’s request.

§ 14 Obligation to Refrain from Direct Contact with Subcontractors / Caterers

USERS are strictly prohibited from directly or indirectly contacting or communicating with any CATERER subcontractor regarding ongoing employee catering services outside of the contact channels provided by heykantine! (especially the PLATFORM).

§ 15 Liability

15.1. heykantine! is liable for all damages caused by willful misconduct or gross negligence—including by its representatives or agents. In cases of:

• Injury to life, body, or health
• Damages under the Product Liability Act
• Breaches of essential contractual obligations (cardinal duties)
• Agreed product characteristics or fraudulent concealment of defects

heykantine! is also liable for slight negligence. In the case of cardinal duties, liability is limited to typical and foreseeable damages—unless one of the above exceptions applies.

15.2. These liability provisions apply to all claims for damages, regardless of the legal basis, including breach of obligations and tort claims. They also apply to claims for reimbursement of wasted expenditures.

15.3. These provisions do not change the burden of proof to the USER's disadvantage.

§ 16 Final Provisions

16.1. Amendments and changes to agreements between heykantine! and USERS must be made in writing to be effective.

16.2. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If this excludes consumer protection rights granted by the laws of the USER’s country of residence, the law of that country shall apply.

16.3. If the USER is not a consumer, public law entity, or special public asset, the place of jurisdiction is the registered office of heykantine!. This also applies to disputes if the USER relocates abroad after contract conclusion or their location is unknown at the time of legal action.