GtC EVZ gastro ag
General Terms and Conditions of EVZ Gastro AG
1. Provider and Scope of Application
EVZ Gastro AG, Weststrasse 11, 6303 Zug, Switzerland, operates various gastronomy, catering and event services.
Contact details:
EVZ Gastro AG
Weststrasse 11
6303 Zug
Switzerland
Telephone: +41 41 725 31 71
Email: info@evz.ch
Hereinafter, EVZ Gastro AG is referred to as “EVZ Gastro”. Natural and legal persons who enter into a contractual relationship with EVZ Gastro or make use of its services are hereinafter referred to as “Customers”.
These General Terms and Conditions, hereinafter referred to as “GTC”, apply in particular to:
• restaurant and table reservations;
• reservations with credit card guarantee;
• pre-orders of food and beverages;
• advance payments and online payments;
• menus, packages and hospitality services;
• events and tickets;
• catering and event services;
• collection and drop-off services;
• other gastronomy products and services of EVZ Gastro.
The GTC apply to all operations and business areas of EVZ Gastro, unless deviating or supplementary conditions are agreed or communicated for a specific operation, offer, event or service. Deviating conditions expressly stated in the respective offer, ordering or reservation process, order confirmation, individual contract or event agreement shall take precedence over these GTC. General terms and conditions of the Customer shall not apply unless EVZ Gastro has expressly agreed to their application in writing.
2. Binding Version of the GTC
The version of these GTC that was valid at the time the contract was concluded and was made accessible to the Customer as part of the reservation, ordering or contract conclusion process shall apply. The current version is published on the websites of EVZ Gastro or its operations. A written or electronic copy may be requested from EVZ Gastro. EVZ Gastro is entitled to amend these GTC at any time for future contracts. Contracts already concluded shall generally remain unaffected.
3. Offers and Scope of Services
EVZ Gastro provides its services professionally and carefully in accordance with these GTC and the respective reservation, order, order confirmation or contract confirmation.
The specific scope of services is determined in particular by:
• the respective online offer;
• the reservation or order confirmation;
• an individual quotation;
• an order confirmation;
• a catering or event contract;
• supplementary operation-specific conditions;
• further written agreements between EVZ Gastro and the Customer.
Images, photographs and descriptions of food, beverages, premises, facilities or other services are for illustrative purposes. Minor deviations in presentation, arrangement, composition or equipment are reserved, provided they are reasonable for the Customer and do not alter the essential character of the agreed service. The availability of products, premises, seats and services is subject to availability.
4. Conclusion of Contract
The presentation of products, services, reservations, menus, packages, tickets or other offers on EVZ Gastro’s online platforms generally constitutes an invitation to the Customer to submit a reservation, order or booking.
4.1 Reservations
In the case of reservations requiring confirmation by EVZ Gastro, the contract is concluded upon electronic or written reservation confirmation by EVZ Gastro.
An automatically sent acknowledgement of receipt constitutes a binding reservation confirmation only if this is expressly stated in the content of the message.
4.2 Pre-orders and Advance Payments
For pre-orders and prepaid services offered online, the contract is concluded upon successful completion of the ordering and payment process and subsequent electronic order confirmation.
4.3 Individual Offers, Events and Catering
For individual offers, events and catering services, the contract is concluded by written acceptance of the quotation, signing of an agreement, electronic order confirmation or payment of an agreed deposit. The conditions specified in the respective offer or order confirmation shall apply.
4.4 Obvious Errors
Obvious typographical, calculation, pricing or transmission errors do not give rise to any entitlement to the provision of the service at the incorrectly stated price.
If EVZ Gastro identifies an obvious error after conclusion of the contract, it shall inform the Customer immediately. The Customer may confirm the service under the corrected conditions or withdraw from the contract. Payments already made shall be refunded in this case.
5. Obligations of the Customer
The Customer is obliged to provide complete, current and correct information when making a reservation, order or booking.
This applies in particular to:
• first and last name or company name;
• email address;
• telephone number;
• billing address and, where applicable, delivery address;
• number of guests or participants;
• desired date and time;
• payment information;
• special requirements;
• relevant information regarding allergies and intolerances.
The Customer is obliged to check the reservation, order or order confirmation upon receipt and to report any errors to EVZ Gastro immediately.
During the preparation and provision of the agreed service, the Customer must be reachable via the contact details provided by them, insofar as this is necessary for the provision of the service. Disadvantages and additional costs arising due to incorrect, incomplete or late information provided by the Customer may be charged to the Customer insofar as they are responsible for them.
6. Restaurant and Table Reservations
A reservation applies to the confirmed date, confirmed time, specified operation and confirmed number of persons. Changes to the number of persons, time or other reservation details must be communicated to EVZ Gastro as early as possible. Changes shall only be deemed accepted once they have been confirmed by EVZ Gastro. If the Customer is delayed, EVZ Gastro must be informed as early as possible. Without corresponding notification, EVZ Gastro is entitled to allocate the reserved table elsewhere after a reasonable waiting period of generally 15 minutes. There is no entitlement to a specific table, seat, area or specific room layout unless this has been expressly confirmed in writing.
For selected reservations, EVZ Gastro may in particular require the following:
• a deposit;
• full advance payment;
• provision of a credit card as a guarantee;
• confirmation of special cancellation conditions;
• agreement on a minimum spend;
• ordering of a menu or package.
7. Credit Card Guarantee
For selected reservations, EVZ Gastro may require a valid credit card as a guarantee. Unless otherwise stated during the reservation process, the credit card will not be charged on the basis of the credit card guarantee if the reservation is duly honoured. If a reservation is not cancelled within the communicated deadline, if the Customer fails to appear without timely cancellation, or if the number of guests is significantly reduced at short notice, EVZ Gastro may charge the previously communicated no-show or cancellation fee to the stored payment method.
The amount or method of calculation of the possible charge will be shown to the Customer before completion of the reservation or communicated in the reservation confirmation. If the credit card guarantee cannot be established or if the stored credit card is invalid, expired or has insufficient funds, EVZ Gastro may reject the reservation or cancel it after prior notification to the Customer.
8. Pre-orders and Advance Payments
The Customer may pre-order and pay in advance for selected food, beverages, menus, packages, tickets and other services. The total amount shown in the ordering process will be charged to the selected payment method immediately after completion of the payment process.
The order can generally only be collected or used:
• on the confirmed date;
• at the confirmed time or within the specified time slot;
• at the confirmed location;
• and, where applicable, by the authorised person.
The Customer is responsible for arriving at the specified service, collection or event location on time.
If a service duly made available is not collected or used by the Customer, or is collected or used late, there is generally no entitlement to a refund. This applies in particular to perishable food and beverages or food and beverages prepared specifically for the Customer. Late collection or use may affect the quality, temperature, availability or usability of the service. To the extent permitted by law, EVZ Gastro accepts no liability for corresponding impairments attributable to a delay caused by the Customer.
9. Unavailability and Replacement Services
If an ordered service or individual product cannot be provided, or cannot be provided in full, EVZ Gastro shall inform the Customer as early as possible.
EVZ Gastro may offer the Customer an equivalent or higher-value replacement service. The Customer is not obliged to accept a substantially different replacement service. If the Customer does not accept the offered replacement service, the amount paid for the unavailable service will be refunded in full or proportionally. If only part of an order is unavailable, the remainder of the order shall generally remain in place, provided its fulfilment remains reasonable for the Customer. Any further claims by the Customer shall be governed by the applicable statutory provisions.
10. Prices
All prices are stated in Swiss francs and, unless expressly stated otherwise, include the legally applicable value-added tax.
The total price displayed or confirmed at the time the contract is concluded shall apply.
Additional services not included in the confirmed scope of services may be charged separately. This applies in particular to:
• additionally ordered food and beverages;
• extensions of events;
• additional staff;
• special equipment;
• transport and delivery services;
• setup and dismantling;
• equipment rental;
• technical services;
• services provided by external providers;
• extraordinary cleaning or disposal work.
Amounts stated in euros or other foreign currencies are for information purposes only, unless expressly stated otherwise. Payments in foreign currencies are accepted only if expressly agreed in advance.
11. Payment
Payment shall be made using the payment methods accepted by the respective operation, offer or ordering process. EVZ Gastro is entitled to provide for the following payment terms in particular:
• payment on site;
• full advance payment;
• deposit;
• credit card guarantee;
• payment by invoice;
• payment according to an individual payment plan.
For payment by invoice, the invoice amount must be paid within the payment period specified on the invoice.
In the event of late payment, EVZ Gastro may, following an unsuccessful reminder:
• charge default interest to the extent permitted by law;
• charge reasonable reminder and collection costs;
• withhold services not yet provided;
• reject further reservations or orders;
• withdraw from the contract, provided the statutory requirements are met.
Payment processing may be carried out via external payment service providers. Their technical and contractual conditions shall additionally apply insofar as these are made accessible to the Customer during the payment process. EVZ Gastro generally does not store complete credit card details where these are processed directly by an external payment service provider.
12. Cancellation by the Customer
Cancellations are subject to the deadlines and conditions communicated to the Customer in the respective offer, reservation or ordering process, confirmation or individual agreement. Such special cancellation conditions shall take precedence over the following general provisions.
12.1 Reservations without Advance Payment
Reservations without advance payment may be cancelled free of charge within the communicated cancellation period. In the event of late cancellation or non-appearance, EVZ Gastro may charge a no-show or cancellation fee of CHF 50.00 per guest.
12.2 Prepaid Services
Unless deviating conditions have been communicated, prepaid services may be cancelled up to 48 hours before the agreed start of the service. Payments already made will be refunded in this case.
In the event of cancellation less than 48 hours before the start of the service or in the event of non-appearance, there is generally no entitlement to a refund.
EVZ Gastro may, as a gesture of goodwill, offer the Customer a rebooking, credit or other solution. There is no entitlement to this.
12.3 Perishable and Individually Prepared Products
Pre-ordered food, beverages and other perishable products or products individually prepared for the Customer may only be cancelled if cancellation takes place within the deadline specified in the ordering process. If EVZ Gastro has already begun production or preparation or products have been procured specifically for the order, a refund may be excluded or reduced by the costs already incurred.
12.4 Transfer to Another Person
Personalised services, packages or tickets may be transferred to another person up to 24 hours before the start of the service, provided that:
• the specific offer does not stipulate otherwise;
• there are no legal or organisational reasons preventing the transfer;
• the required information is communicated to EVZ Gastro in good time.
For non-personalised pre-orders, transfer is generally permitted provided that the authorised person can present the order confirmation or required proof of collection.
12.5 Relevant Time
For compliance with a cancellation deadline, the time at which the cancellation notice is received by EVZ Gastro shall be decisive.
Cancellations must be made via the cancellation method specified in the confirmation or in text form by email. EVZ Gastro may confirm the cancellation electronically.
13. Changes and Cancellations by EVZ Gastro
EVZ Gastro is entitled to reject, modify or cancel reservations, orders or events for objective reasons.
This applies in particular if:
• the offer or agreed service is no longer available;
• a required payment is not received or is not received on time;
• the specified contact or payment details are obviously incorrect or incomplete;
• there are justified doubts regarding the authenticity of the reservation or order;
• there is suspicion of misuse or fraud;
• the Customer has failed to fulfil previous payment obligations;
• the Customer violates statutory provisions, house rules or instructions;
• safety reasons prevent performance;
• the service cannot be provided due to force majeure.
If EVZ Gastro is unable to provide an already paid service for a reason for which it is responsible, the payment made for it will be refunded in full or proportionally. If EVZ Gastro cancels a service due to a serious breach of contract by the Customer, any refund and further claims shall be determined according to the circumstances of the individual case and the statutory provisions. In the case of demonstrably fraudulent orders or reservations, EVZ Gastro reserves the right to take legal action and inform the competent authorities.
14. Events, Tickets, Packages and Hospitality Services
Supplementary or deviating conditions may apply to events, tickets, hospitality packages and comparable services. These are stated in the respective offer, booking process or confirmation.
The Customer is responsible for arriving at the event venue on time and carrying the confirmations, tickets or proof of authorisation required for admission. If an event is postponed, the booking shall generally remain valid for the replacement date unless otherwise stipulated in the specific offer. If the Customer cannot or does not wish to attend the replacement date, the possibilities for rebooking or refund shall be governed by the conditions of the respective event and the applicable statutory provisions.
For events in the OYM hall, the applicable house or stadium regulations as well as the instructions of the responsible security, stewarding and event personnel shall additionally apply.
For events at other locations, the house, safety and event regulations of the respective venue or organiser shall additionally apply.
15. Catering and Event Services
For individually agreed catering and event services, the respective quotation, order confirmation and any special contractual conditions shall primarily apply. The Customer must notify EVZ Gastro of the definitive number of guests or participants within the deadline specified in the quotation or order confirmation. If no timely notification is provided, EVZ Gastro is entitled to use the most recently confirmed number of persons as the basis for preparation and billing.
An increase in the number of persons is only possible subject to availability and confirmation by EVZ Gastro. If the number of persons is reduced after expiry of the agreed amendment deadline, the last number of persons confirmed within the deadline may be charged, insofar as corresponding preparations, orders or costs have already been incurred.
Additional services and expenses not included in the quotation will be charged according to actual expenditure or the agreed rates. In the event of cancellation of catering and event orders, the cancellation conditions specified in the respective quotation or order confirmation shall apply. If no such conditions exist, EVZ Gastro is entitled to invoice the costs demonstrably incurred and services provided up to the time of cancellation.
15.1 Number of Participants
The guest undertakes to notify EVZ Gastro of the binding number of participants for the event no later than 5 working days before the event date. In the event of later deviations between the number of participants specified by the guest and the final number of participants, the following applies:
• Up to 5% lower actual number of participants: billing according to the actual number of participants.
• More than 5% lower actual number of participants: the deviation will be taken into account at (at most) 5%.
• In the event of a subsequent increase in the actual number of participants, billing will be based on the actual number of participants, subject to feasibility.
15.2 Cancellation Conditions
Orders and reservations with EVZ Gastro are binding pursuant to Section 5 of the GTC and the Customer is obliged to accept the service. If an event cannot be held for reasons that are not attributable to EVZ Gastro AG and for which EVZ Gastro is not responsible, EVZ Gastro retains the right to (partial) payment of the agreed service in accordance with the order confirmation, taking into account the receipt of the written cancellation as follows:
• Cancellation of the event 0–3 days before the date: 70% according to the order confirmation
• Cancellation of the event 4–14 days before the date: 50% according to the order confirmation
• Cancellation of the event 14–28 days before the date: 30% according to the order confirmation
In the event that an equivalent event (scope of services) is carried out by third parties during the agreed period, the guest shall only incur an administrative compensation of 3–10% (depending on the notice period of the cancellation). If the guest holds an event at the restaurant within one year to the scope originally agreed, 80% of the invoiced amount/cancellation costs will be credited back.
15.3 Extension of the Event
If the reserved event duration is expected to exceed the statutory closing time (police closing hour), the guest must contact EVZ Gastro no later than 14 days before the start of the event so that the necessary permits can be obtained. The costs of the permits will be charged to the guest. EVZ Gastro AG cannot guarantee that permits will be granted. CHF 250 per hour will be charged for each additional hour after midnight. EVZ Gastro has the right to require event participants to leave the premises after the extension permit has expired.
16. Lost Property
Lost property will be forwarded where ownership is clear and the residential/business address is known. The costs and risk of forwarding shall be borne by the guest.
17. Third-Party Services
If the Customer purchases services that are not provided by EVZ Gastro itself but by external organisers, suppliers or service providers, EVZ Gastro may act either as a contracting party or solely as an intermediary.
If EVZ Gastro acts solely as an intermediary, this will be communicated to the Customer in the respective offer or contract. In this case, the contract for the arranged service is concluded directly between the Customer and the external provider.
The contractual conditions of the respective external provider shall additionally apply to the provision of the service, provided that these were made accessible to the Customer before conclusion of the contract. EVZ Gastro shall be liable for the careful selection and arrangement of the external provider within the framework of the statutory provisions, but not for the external provider’s independent performance of the contract, insofar as permitted by law.
18. Allergies and Intolerances
The food and beverages offered by EVZ Gastro may contain ingredients or substances that may cause allergies or intolerances.
Customers with allergies or intolerances are obliged to inform EVZ Gastro before ordering or consumption and to ask staff in case of uncertainty. Information on allergens subject to declaration can be obtained from staff. Despite careful working procedures, unintended mixing or cross-contamination with allergenic substances cannot be completely ruled out in all cases in gastronomy establishments.
EVZ Gastro accepts no liability for impairments attributable to the Customer not having disclosed a known allergy or intolerance, or not having disclosed it in good time. Liability under mandatory law remains reserved.
19. Alcoholic Beverages and Age Verification
The sale and supply of alcoholic beverages shall take place exclusively within the framework of the applicable statutory provisions. EVZ Gastro is entitled to request valid official proof of age before the sale, supply, delivery or handover of alcoholic beverages. If the required proof of age cannot be provided or the legally required minimum age has not been reached, the supply of alcoholic beverages will be refused.
If the order has been paid for in advance, a refund may be refused if the Customer was duly informed of the age restriction during the ordering process and the refusal to supply is due to a circumstance for which the Customer is responsible. Mandatory statutory claims remain reserved.
EVZ Gastro reserves the right to refuse the supply of alcoholic beverages to visibly intoxicated persons insofar as this is required for legal, safety-related or operational reasons.
20. Conduct, House Rules and Safety Regulations
Customers must comply with the applicable house, safety, stadium and event regulations as well as the instructions of staff, event management and security and stewarding personnel.
EVZ Gastro is entitled to refuse persons admission or remove them from the premises or event site if, in particular, they:
• disregard statutory provisions;
• violate safety regulations;
• significantly disrupt operations;
• harass or endanger staff or other guests;
• damage facilities;
• fail to follow instructions from responsible staff.
In such cases, there is generally no entitlement to a refund for services already paid for, provided that the measure was caused by the conduct of the person concerned. Bringing and consuming one’s own food and beverages is only permitted with the prior consent of EVZ Gastro.
21. Liability
EVZ Gastro shall be liable for damages caused intentionally or through gross negligence by it or its auxiliary persons in accordance with the statutory provisions.
To the extent permitted by law, liability for ordinary negligence as well as for indirect damages, consequential damages and subsequent losses is excluded.
In particular, EVZ Gastro shall not be liable for damages arising from:
• delays caused by the Customer;
• incorrect or incomplete information provided by the Customer;
• failure to comply with house, safety or event regulations;
• failure to follow instructions from staff or security personnel;
• loss or theft of personal belongings;
• services provided by external providers for which EVZ Gastro acts solely as an intermediary;
• disruptions or failures outside EVZ Gastro’s reasonable sphere of influence.
EVZ Gastro does not assume any duty of care for items brought onto the premises, cloakroom items, valuables and personal belongings unless their safekeeping has been expressly agreed. Liability under mandatory statutory provisions remains reserved in all cases.
22. Force Majeure
If a service cannot be provided, or cannot be provided as agreed, due to force majeure or other circumstances for which EVZ Gastro is not responsible, EVZ Gastro shall inform the Customer as early as possible.
Force majeure or comparable events include in particular:
• natural events;
• fire and flooding;
• epidemics and pandemics;
• official orders or prohibitions;
• war, terrorism and significant security risks;
• strikes and labour disputes;
• significant operational or infrastructure disruptions;
• prolonged failures of the energy supply;
• failures of communication or payment systems;
• disruptions to public transport;
• other events outside EVZ Gastro’s reasonable sphere of influence.
Where possible and reasonable, EVZ Gastro will offer an alternative date, rebooking, credit or an equivalent replacement service.
If a replacement service is not possible or is unreasonable for either contractual party, payments already made for services not yet provided will be refunded. Services already provided and demonstrably irrevocable third-party costs already incurred may be deducted insofar as this is permissible and reasonable within the specific contractual relationship. Further claims, in particular claims for compensation for indirect or consequential damages, are excluded to the extent permitted by law.
23. Refunds
Where there is an entitlement to a refund, it shall generally be made using the same payment method used for the original payment.
If a refund via the original payment method is not possible, EVZ Gastro may request the necessary information from the Customer for an alternative refund. Processing may take up to ten working days or longer depending on the payment service provider and payment method. EVZ Gastro has no influence over the processing times of external payment service providers and financial institutions. A refund shall be deemed to have been made by EVZ Gastro as soon as the corresponding payment instruction has been duly initiated.
24. Complaints and Objections
Complaints and objections relating to offers, reservations, orders or the provision of services must be communicated to EVZ Gastro as promptly as possible.
Obvious defects should, where possible, be reported immediately on site to the responsible staff so that EVZ Gastro has the opportunity to examine the defect and offer an appropriate solution. Complaints may be submitted by email, telephone or post using the contact details listed in Section 1. EVZ Gastro will examine the complaint and provide the Customer with feedback as quickly as possible. Late notification of a defect may make its assessment or rectification more difficult. Mandatory statutory claims remain reserved.
25. Newsletter and Marketing Communications
The Customer may voluntarily subscribe to the newsletter or other marketing communications from EVZ Gastro. Subscription to the newsletter must be separate from acceptance of these GTC and is not required for the conclusion of a reservation or order. The Customer may withdraw their consent at any time with effect for the future. Unsubscribing may be carried out in particular via the unsubscribe link in the respective newsletter or by notifying EVZ Gastro.
Necessary messages relating to a reservation, order, payment or event do not constitute marketing communications and may be sent independently of a newsletter subscription.
26. Data Protection
EVZ Gastro processes personal data in connection with reservations, orders, payments, events and the provision of its services in accordance with applicable Swiss data protection law.
Personal data may in particular be disclosed to service providers required for contract fulfilment, payment processing, communication, IT infrastructure, reservations, accounting or the execution of an event.
Further information on the nature, scope and purpose of data processing, the categories of data recipients, any disclosures abroad and the rights of data subjects is set out in EVZ Gastro’s current privacy policy. The privacy policy provides a supplementary basis for data processing but is generally not part of the service contract unless otherwise specified therein. Swiss companies must provide transparent information about which personal data they process, for what purposes this is done and to which recipients the data may be disclosed. A separate, understandable privacy policy is therefore required in addition to these GTC.
27. Communication and Electronic Notifications
Communication between EVZ Gastro and the Customer may take place by email, SMS, via the reservation or ordering platform used, or via other electronic communication channels specified during the ordering process.
Notifications shall be deemed delivered if they have been sent to the contact address or telephone number provided by the Customer and no error message has been received. The Customer is obliged to keep the provided contact details up to date and to check for receipt of communications from EVZ Gastro in an appropriate manner.
28. Advertising and Use of Identifiers
The use of the name, company name, trademarks, logos, images or other identifiers of EVZ Gastro for advertising, publication or commercial purposes requires the prior written consent of EVZ Gastro.
This applies in particular to publications in newspapers, radio, television, the internet, social media, advertising materials and event announcements.
Factually accurate private references or editorial reporting to the extent permitted by law are not covered by this provision.
29. Severability Clause
Should individual provisions of these GTC be or become wholly or partially ineffective, invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The ineffective, invalid or unenforceable provision shall be replaced by a legally permissible provision that comes as close as possible to its economic purpose. The same applies in the event of a contractual gap.
30. Applicable Law and Place of Jurisdiction
All legal relationships between EVZ Gastro and its Customers shall be governed exclusively by Swiss law.
The place of jurisdiction is Zug, unless mandatory statutory provisions provide for another place of jurisdiction.
Unless otherwise agreed, the place of performance and payment shall be the registered office of EVZ Gastro.
Version: October 2026
