General Terms and Conditions
of MK Food Truck Catering GmbH
As of July 7th, 2026
- Scope
All deliveries and services of MK Food Truck Catering GmbH (hereinafter also referred to as: “MK”) are subject to the following General Terms and Conditions, unless otherwise agreed in individual contracts. Deviating terms and conditions of the customer do not become part of the contract (even through our acceptance of the order).
- Offer and Conclusion of Contract
Our offers are subject to change. Unless otherwise agreed in individual contracts, we are bound by our offer for a period of 5 days from the date of the offer. Offers and assurances only become binding upon our written confirmation. In the absence of a special agreement, a contract between us and the customer only comes into effect with our written or electronic / digital order confirmation, but at the latest with the start of the execution of the service by us. The contractual partner is exclusively the natural or legal person expressly designated as contractual partner in our offer or in the order confirmation. If a franchisee acts as contractual partner, they will be named in the offer or order confirmation with full company name, address and contact details. If MK Food Truck Catering GmbH is designated as contractual partner there, the contract is concluded with us. Amendments and supplements to the contract must be in writing; the same applies to the cancellation of this written form requirement.
- Delivery and Delivery Delays
3.1 Delivery is made to the delivery address specified by the customer on the agreed delivery date. Delivery is made taking into account legal, official and other applicable regulations.
3.2 MK is only liable for delivery delays in cases of intent and gross negligence, and in particular not in cases of force majeure.
- Special Features at the Delivery Location and Power Requirements
4.1 The customer must inform MK of any special features regarding the delivery location (for example, construction sites, long distances, stairs over several floors, entrances that are too narrow or too low (narrower than 2.70m or lower than 4.0m), gradients of 5% or more, non-functioning elevators, etc.) before placing the order. This applies in particular to the necessary conditions for setting up and operating the ordered trucks. The delivery location must be accessible to MK employees 48 hours before and after the event in order to set up and collect the vehicles. The delivery location must be accessible for vehicles with a height of 4.0m. The dimensions of the trucks can be found at www.beefbusters.de.
4.2 The customer must ensure that our trucks can each be connected to a secured CEE heavy-current line with an intact neutral conductor at a maximum distance of 25 meters from the installation site. The power supply for the trucks must be available for 48 hours before and after the event and must not be disconnected by the customer on their own initiative. For the US trucks (“Step Van”), such a line with CEE 380V/16A 10.5KW is required, for our US school buses two such lines with CEE 380V/32A 21KW, for our “Diner on Wheels” double-decker bus a line with CEE 380V/32A 21KW and for the beverage trailer a line with CEE 380V/16A 10.5KW as well as an inlet and outlet water line with GK coupling. The customer must provide MK employees with a toilet and a drinking water connection. If the customer cannot ensure this and for this reason the truck/bus/trailer cannot be operated or can only be operated later, the customer cannot derive any rights from this. The customer is liable to MK for damages arising from the failure to meet these requirements.
4.3 The customer must ensure that the delivery location is not on sensitive surfaces. Otherwise, the customer must provide sufficient protective materials (tarps, cardboard, etc.). Despite great care, our vehicles can always lose engine fluids or cooking fats. MK is not liable for any resulting damage.
4.4 If the customer fails to comply with the above-mentioned requirements, MK is permitted to adjust the service owed appropriately. If this is not possible without jeopardizing the purpose of the contract or only with disproportionate effort, MK is entitled to refuse the service owed without the claim for payment being forfeited. However, MK must allow for saved expenses and any profit actually earned elsewhere, as well as any profit that MK culpably fails to earn. The burden of proof for this lies with the customer.
- Insurance and Rental Items; Risk Transfer
5.1 The delivery of food and beverages may be made with the aid of materials and equipment loaned by MK (for example, glasses, dishes, etc., hereinafter “rental items”).
5.2 The customer ensures that the rental items brought into the event by MK are insured against possible risks. Upon request, the customer must provide MK with proof of adequate insurance coverage.
5.3 From the handover of the items delivered for contract fulfillment (in particular trucks and rental items) to the customer until their return by MK, the customer bears the risk of deterioration or loss. The return of these items by MK is made subject to reservation. The exact breakage and missing quantities of rental items are determined by MK immediately after the cleaning process. MK charges the customer for such breakage and missing quantities at replacement value. The customer reserves the right to prove that the damage calculated in this way did not occur or did not occur to this extent.
- Invoices and Payment
6.1 In the absence of a different agreement, 50% of the invoice amount is due and payable within 14 days of commissioning (but at the latest two weeks before the event), the remaining 50% at the latest 14 days after the end of the event. If the down payment is received late, MK has the right to cancel the event. In this case, the customer immediately owes a payment of 30% of the total price.
6.2 In case of default on due payments, the respective statutory default interest will be charged.
6.3 We charge travel costs, expenses, and third-party services (in particular costs and outlays) according to actual costs.
6.4 GEMA and other fees, costs for energy, water, wastewater or for regulatory or (fire) police measures, etc. are borne by the customer.
- Withdrawal/Cancellation/Force Majeure
7.1 If the event is made significantly more difficult, endangered, impaired or impossible due to extraordinary circumstances for which neither party is responsible, in particular as a result of force majeure, both parties are entitled to withdraw from the contract without notice. In this case, the customer owes MK the third-party costs already incurred, in particular for third-party services booked (hotels, venues, etc.). Bad or unsuitable weather at open-air events does not constitute an extraordinary circumstance. The customer bears this risk. A cancellation by the customer due to unsuitable/bad weather does not eliminate MK’s claims. Circumstances that are already known in principle at the time of contract conclusion and whose risks only materialize after contract conclusion (e.g., already existing pandemics, etc.) are also not considered extraordinary in the above-mentioned sense.
7.2 In the event that the customer cancels the contract without the presence of extraordinary circumstances, the following applies:
7.2.1 If the customer cancels up to 8 weeks before the planned start of the event, MK is entitled to demand a cancellation fee of 30%.
7.2.2 If the customer cancels after the above-mentioned period, MK retains its claim to the full agreed payment. This does not apply if the customer’s cancellation/withdrawal, etc. is based on reasons for which MK is responsible. In both of the above-mentioned cases (7.2.1 and 7.2.2), the customer is permitted to prove that no damage occurred at all or that the damage is significantly lower than that cancellation fee.
7.2.3. In all of the above-mentioned cases, MK remains entitled to claim costs already incurred for third-party services.
7.2.4 In all cases mentioned in this clause 7.2, however, MK must allow for what MK saves in expenses or acquires through alternative use of labor, or maliciously fails to acquire.
- Delivery and Warranty
MK ensures that the goods to be delivered are carefully transported to the customer. In the case of proven defects in the goods, MK has the right to either remedy the defect or deliver free replacement. Minor service changes that do not jeopardize the purpose of the contract do not entitle the customer to assert any reduction or other claims. If it is not possible for MK to provide the truck ordered by the customer due to a defect in the booked truck or due to a comparable service disruption, MK is entitled to provide a replacement truck if and to the extent that this is reasonable for the customer taking into account their interests. The customer cannot derive any claims from this circumstance. MK operates as the franchise headquarters of the Beefbusters brand and is entitled to assign all types of orders to its independent franchise partners.
- Liability
9.1 For damages that have not occurred to the delivery item itself, MK is liable – for whatever legal reasons – only
- a) in the event of intent,
- b) in the event of gross negligence on the part of its own organs or executive employees,
- c) in the event of culpable injury to life, body, health,
- d) in the case of defects that MK fraudulently concealed or whose absence MK guaranteed.
9.2 In the event of culpable breach of essential contractual obligations, MK is also liable for gross negligence by non-managerial employees and for slight negligence, in the latter case limited to the damage typical for the contract and reasonably foreseeable at the time of contract conclusion. Essential contractual obligations are – unless otherwise agreed in individual contracts – those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer may rely.
9.3 Further claims are excluded.
- Place of Performance/Jurisdiction/Applicable Law
10.1 The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of MK. MK also has the option of suing the customer alternatively at their place of residence or registered office.
10.2 This contract and the legal relationships arising from it are subject exclusively to German law, excluding the UN Convention on Contracts for the International Sale of Goods.