An agreement between a hotel and a catering company. An approximate form of a contract for the provision of catering services for workers (employees)

downloads: 1676

CONTRACT

date and place of signing

We hereinafter refer to __ as the "Customer", represented by _________________ acting on the basis of _________________, on the one hand, and _________________, hereinafter referred to as the "Contractor", represented by _________________ acting on the basis of _________________, on the other hand, collectively referred to as the "Parties", concluded this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Contractor undertakes to provide catering services to the Customer's employees, and the Customer undertakes to pay for these services.

1.2. The Contractor provides the Customer with the following services:

1.2.1. Organization of the activities of the canteen, providing high quality cooking and high culture customer service.

1.2.2. Timely provision of canteen food products necessary for the production and trade-servicing process.

1.2.3. Introduction of new equipment and technology, progressive forms of service and labor organization.

1.2.4. Compliance with the requirements for the activities of organizations Catering.

1.2.5. Using high quality ingredients in cooking.

1.2.6. Providing food for the Customer's employees during the periods of time specified in Appendix No. 1 to this Agreement.

1.2.7. Ensuring compliance by the Contractor's employees with the rules of personal hygiene when providing services under this Agreement.

1.2.8. Provision for the Customer's employees comfortable conditions nutrition.

1.3. Services under this Agreement are provided by the Contractor at the location of the Customer specified in Section 8 of this Agreement.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. To provide the Customer with the services provided for in clause 1.2 of this Agreement, with the proper quality.

2.1.2. When providing services, be guided by the instructions and orders of the Customer, as well as comply with the requirements of the law Russian Federation governing the activities of public catering organizations.

2.1.3. Submit to the Customer for approval a list of employees involved in the implementation of the Agreement.

2.2. The customer undertakes:

2.2.1. Provide the Contractor with a room for organizing a dining room with cooking equipment.

2.2.2. Inform the Contractor on a daily basis about the planned number of employees eating in the canteen.

2.2.3. Pay for the services of the Contractor in the manner, terms and conditions that are provided for in this Agreement.

2.3. The performer has the right:

2.3.1. Refuse to fulfill obligations under this Agreement by notifying the Customer of this at least _________________, subject to compensation to the Customer for losses.

2.4. The customer has the right:

2.4.1. To exercise control over the course of execution of this Agreement without interfering in the activities of the Contractor.

2.4.2. Refuse to execute this Agreement by notifying the Contractor of this at least _________________, subject to payment to the Contractor of the price of the services actually rendered by him.

2.5. The Parties undertake to keep secret commercial, financial and other confidential information received from the other Party in the performance of this Agreement.

3. PROCEDURE FOR THE PERFORMANCE OF THE CONTRACT

3.1. Not later than the ______________ day of the month following the reporting one, the Contractor draws up and submits to the Customer an act on the provision of services containing information on the volume and price of the services provided.

3.2. The Customer considers and signs the service provision certificate within _________ days from the date of its receipt from the Contractor.
If there are shortcomings in the services provided by the Contractor, the Customer indicates this in the act. In the event that the shortcomings made by the Contractor are not indicated in the act, the services are considered to be provided by the Contractor properly and payable in accordance with the terms of this Agreement.

3.3. If the Customer evades signing the act on the provision of services or if the Customer unreasonably refuses to sign the act on the provision of services, such an act is considered signed by the Customer on the last day of the period established by clause 3.2 of this Agreement, and the services are rendered by the Contractor properly.

3.4. If the services are provided by the Contractor with deviations from this Agreement or with other shortcomings, the Customer has the right, at his choice, to demand from the Contractor:

3.4.1. Free of charge elimination of deficiencies within a reasonable time.

3.4.2. Reducing the price of services established by this Agreement.

3.5. If the deficiencies are not eliminated by the Contractor within a reasonable time period set by the Customer (subclause 3.4.1 of this Agreement), the Customer has the right to refuse to perform this Agreement and demand compensation for losses.

4. PRICE OF THE CONTRACT AND PAYMENT PROCEDURE

4.1. The price of services provided by the Contractor under this Agreement is ______ (_____________) rubles per day for one employee of the Customer.

4.2. The price of services is paid by the Customer to the Contractor within __________ days from the date of signing by the Parties of the act on the provision of services in accordance with clauses 3.2, 3.3 of this Agreement.

4.3. The price of services is paid by transferring funds to the settlement account of the Contractor using the details specified in Section 8 of this Agreement.

4.4. The date of payment is the date when funds are credited to the account of the Contractor.

4.5. The costs associated with the execution of this Agreement, including the costs of purchasing food products, shall be borne by the Contractor at the expense of the price of services due to him.

5. RESPONSIBILITIES OF THE PARTIES

5.1. In case of violation of the payment deadline established by clause 4.2 of this Agreement, the Contractor has the right to present to the Customer a claim for payment of a penalty in the amount of ________% of the amount not paid on time for each day of delay.

5.2. In case of violation by the Contractor of any of the obligations listed in clause 1.2 of this Agreement, the Customer has the right to present to the Contractor a requirement to pay a fine in the amount of _________ (______) rubles for each violation.

5.3. For non-fulfillment or improper fulfillment of other obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

6. PROCEDURE FOR RESOLUTION OF DISPUTES

6.1. All disputes and disagreements that may arise between the Parties in connection with the execution of this Agreement will be resolved through negotiations.

6.2. If disputes and disagreements are not settled during the negotiation process, they are subject to consideration in the Arbitration Court __________________________.

7. OTHER TERMS

7.1. The term of this Agreement is from "___" _________ ___ to "___" ___ ___

7.2. This Agreement may be terminated ahead of schedule by agreement of the Parties, as well as in other cases established by the current legislation of the Russian Federation.

7.3. If neither Party declares its desire to terminate this Agreement ___ (________) days before its expiration date, this Agreement is considered to be prolonged for the next _______ on the same terms.

7.4. All changes and additions to this Agreement are considered valid provided that they are made in writing and signed by authorized representatives of both Parties.

7.5. Everything additional agreements Parties, acts and annexes to this Agreement, signed by the Parties in the performance of this Agreement, are its integral part.

7.6. This Agreement is made in two copies, having equal legal force, one for each of the Parties.

CONTRACT N ____ for the provision of catering services for employees (outsourcing agreement)

_____________ "___" ___________ ___

Hereinafter referred to as __ "Customer", represented by ____________________, acting on the basis of ____________________, on the one hand, and ____________________, hereinafter referred to as __ "Contractor", represented by ____________________, acting on the basis of ____________________, on the other hand, collectively referred to as the "Parties", concluded this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Contractor undertakes, on the instructions of the Customer, to provide catering services for the Customer's employees, and the Customer undertakes to pay for these services.

1.2. The Contractor provides the Customer with the following services:

1.2.1. Organization of the activities of the canteen, providing high quality food preparation and a high culture of service for the Customer's employees.

1.2.2. Timely provision of the canteen with food products necessary for the production and trade and service process.

1.2.3. Introduction of new equipment and technology, progressive forms of service and labor organization.

1.2.4. Compliance with the requirements for the activities of public catering organizations.

1.2.5. Using high quality ingredients in cooking.

1.2.6. Providing food for the Customer's employees during the periods of time specified in Appendix No. 1 to this Agreement.

1.2.7. Ensuring compliance by the Contractor's employees with the rules of personal hygiene when providing services under this Agreement.

1.2.8. Providing the Customer's employees with comfortable food conditions.

1.3. Services under this Agreement are provided by the Contractor at the location of the Customer specified in Section 8 of this Agreement.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. To provide the Customer with the services provided for in clause 1.2 of this Agreement, with the proper quality.

2.1.2. When rendering services, be guided by the instructions and orders of the Customer, as well as comply with the requirements of the legislation of the Russian Federation regulating the activities of public catering organizations.

2.1.3. Submit to the Customer for approval a list of employees involved in the implementation of the Agreement.

2.2. The customer undertakes:

2.2.1. Provide the Contractor with a room for organizing a dining room with cooking equipment.

2.2.2. Inform the Contractor on a daily basis about the planned number of employees eating in the canteen.

2.2.3. Pay for the services of the Contractor in the manner, terms and conditions that are provided for in this Agreement.

2.3. The performer has the right:

2.3.1. Refuse to fulfill obligations under this Agreement by notifying the Customer of this at least ____________________, subject to compensation to the Customer for losses.

2.4. The customer has the right:

2.4.1. To exercise control over the course of execution of this Agreement without interfering in the activities of the Contractor.

2.4.2. Refuse to execute this Agreement by notifying the Contractor of this at least _______________, subject to payment to the Contractor of the price of the services actually rendered by him.

2.5. The Parties undertake to keep secret commercial, financial and other confidential information received from the other Party in the performance of this Agreement.

3. PROCEDURE FOR THE PERFORMANCE OF THE CONTRACT

3.2. The Customer considers and signs the service provision certificate within _________ days from the date of its receipt from the Contractor.

If there are shortcomings in the services provided by the Contractor, the Customer indicates this in the act. In the event that the shortcomings made by the Contractor are not indicated in the act, the services are considered to be provided by the Contractor properly and payable in accordance with the terms of this Agreement.

3.4. If the services are provided by the Contractor with deviations from this Agreement or with other shortcomings, the Customer has the right, at his choice, to demand from the Contractor:

3.4.1. Free of charge elimination of deficiencies within a reasonable time.

3.4.2. Reducing the price of services established by this Agreement.

4. PRICE OF THE CONTRACT AND PAYMENT PROCEDURE

4.1. The price of services provided by the Contractor under this Agreement is ______ (_____________) rubles per day for one employee of the Customer.

4.3. The price of services is paid by transferring funds to the settlement account of the Contractor using the details specified in Section 8 of this Agreement.

4.4. The date of payment is the date when funds are credited to the account of the Contractor.

4.5. The costs associated with the execution of this Agreement, including the costs of purchasing food products, shall be borne by the Contractor at the expense of the price of services due to him.

4.6. In case of impossibility of performance due to the fault of the Customer, the services are subject to payment in in full.

4.7. In the event that the impossibility of performance has arisen due to circumstances for which none of the parties is responsible, the Customer shall reimburse the Contractor for the expenses actually incurred by him.

5. RESPONSIBILITIES OF THE PARTIES

5.3. For non-fulfillment or improper fulfillment of other obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

6. PROCEDURE FOR RESOLUTION OF DISPUTES

6.1. All disputes and disagreements that may arise between the Parties in connection with the execution of this Agreement will be resolved through negotiations.

6.2. If disputes and disagreements are not settled during the negotiation process, they are subject to consideration in the Arbitration Court __________________________.

7. OTHER TERMS

7.1. The term of this Agreement is from "___" _________ ___ to "___" ___ ___

7.2. This Agreement may be terminated ahead of schedule by agreement of the Parties, as well as in other cases established by the current legislation of the Russian Federation.

7.4. All changes and additions to this Agreement are considered valid provided that they are made in writing and signed by authorized representatives of both Parties.

7.5. All additional agreements of the Parties, acts and appendices to this Agreement, signed by the Parties in the performance of this Agreement, are its integral part.

7.6. This Agreement is made in two copies, having equal legal force, one for each of the Parties.

7.7. Applications:

1. Periods of meals for workers (Appendix N 1).

2. ________________________________________________.

8. ADDRESSES AND DETAILS OF THE PARTIES

Customer: ________________________________________________________

________________________________________________________________

Artist: _________________________________________________

________________________________________________________________

SIGNATURES OF THE PARTIES

Customer: Contractor: _____________________ __________________________ M.P. M.P.

CONTRACT

for catering services

"___" ________ 2011

An individual entrepreneur in the city of Rostov the Great, hereinafter referred to as the "CONTRACTOR", acting on the basis of certificate YARO 08-00 No. 000 dated 01/01/2001 and ___________________, represented by _____________________, acting on the basis of _____________________, hereinafter referred to as the CUSTOMER, on the other hand have entered into this agreement as follows:

1. SUBJECT OF THE CONTRACT

1.1. The CONTRACTOR organizes the service (catering) of tourists in the restaurant "LION", located at the address: Rostov, street 50 let Oktyabrya 9/6, and the CUSTOMER pays for the services to the CONTRACTOR in the manner prescribed by this agreement.

Under the organized customer service in the LION restaurant, the parties agreed to mean banquets, receptions, business lunches, breakfasts, lunches, dinners and other events according to the conditions previously agreed by the parties.

2. CONDITIONS OF THE AGREEMENT

2.1. The CONTRACTOR provides the CUSTOMER with catering services for tourists, according to the menu /application/; breakfast, lunch, dinner, banquet, buffet, business lunch, etc.

2.2.All services and additional expenses, not provided for in clause 2.1., are paid by the CUSTOMER independently at the place of provision of services and the occurrence of expenses.

3. OBLIGATIONS OF THE PARTIES

The CUSTOMER undertakes:

3.1. To carry out the sale of meals to tourists at the prices of the CONTRACTOR.

3.2. Conclude contracts with tourists on their own behalf.

3.3. Responsible to tourists for the accuracy of the information provided to them on all matters related to nutrition.

3.4. Send the CONTRACTOR an application on its own form, which must contain the following information: the number of customers, the date and time of the order, the specific place of order execution, the type and duration of service, etc.

3.5. Notify the CONTRACTOR at least 3 (three) working days before the provision of the service about changing the confirmed application.

3.6. Provide the CONTRACTOR with reconciliation certificates for the provision of services no later than five working days of the month following the reporting one.

The CONTRACTOR undertakes:

3.7. Ensure quality service delivery.

3.8. Confirm by fax the readiness to execute the application in full or in part (with the obligatory specification of specific services that cannot be provided to customers) no later than 24 (twenty-four) hours from the moment of its receipt.

3.9. Issue an invoice for payment for these services no later than 3 (three) days before the performance of the services specified in clause 1.1. actual agreement.

3.10. Provide the CUSTOMER with the necessary information, including all the conditions for the nutrition of tourists.

4. ORDER OF PAYMENTS

4.1. The CUSTOMER pays for food both by bank transfer to the CONTRACTOR, and by cash upon the fact.

4.2. Catering services for tourists are carried out by the CONTRACTOR with at least 50% prepayment.

4.2. The CUSTOMER transfers the funds to the CONTRACTOR's settlement account on time, no later than 3 working days before the day the service is sold.

5. RESPONSIBILITIES OF THE PARTIES

5.1. The CONTRACTOR is liable only within the framework of contractual obligations, in accordance with clause 2.1. in accordance with the current legislation of the Russian Federation.

5.2. The CONTRACTOR is not obliged to return part of the cost if the CUSTOMER, by its own decision or in connection with its interests, did not use all or part of the services provided by the CONTRACTOR.

5.3. In the event that the CUSTOMER has reasonable claims regarding the provision of the ordered services, he must immediately contact the representative of the CONTRACTOR or notify the management of the CONTRACTOR.

6. TERM OF THE CONTRACT

6.1. This Agreement comes into force from the moment of its signing and is valid until December 31, 2011. The contract is considered extended for each next year, unless either party notifies in writing of its termination 30 days before the expiration of the contract.

6.2. The Agreement is signed in duplicate (one for each of the Parties), having the same legal force. Changes to this Agreement are possible if they are made in writing and signed by authorized representatives of the Parties.

6.3. The contract terminates in the following cases:

By agreement of the Parties;

By decision of one of the Parties upon notification of the other Party 30 days before the date of termination of the Agreement. At the same time, the Agreement cannot be terminated unilaterally until the final mutual settlements of the Parties.

7. SIGNATURES OF THE PARTIES

APPENDIX

MENU

BREAKFAST

1-3 option

Boiled buckwheat /pasta, rice/

Boiled sausages 2 pcs

Bread /buns/ 2 pcs.

Butter portion

Portion jam

4 option

Pancakes 3 pcs

Bread /buns/ 2 pcs.

Butter portion

Portion jam

BUSINESS LUNCH /120=00/

1 option

Salad "Merchant"(100) 29=00

Pea soup with sausage p/c (250) 26=00

Liver in sour cream sauce(100) 43=00

Boiled rice(100) 12=00

Bread 2 slices(40) 4=00

Tea(150) 6=00

Option 2

Salad "Tradition"(100) 29=00

Fresh cabbage soup with sour cream (250/10) 30=00

Ministerial Kura(80) 36=00

Mashed potatoes(100) 15=00

Bread 2 slices(40) 4=00

Tea(150) 6=00

3 option

Vegetable vinaigrette(100) 21=50

Pickle with sour cream(250/10) 27=00

Cutlet "Hunter" with sauce(80) 52=00

Boiled buckwheat(100) 9=50

Bread 2 slices(40) 4=00

Tea(150) 6=00

4 option

Salad "Mystery"(100) 29=00

Chicken broth with meatballs (250/17) 17=00

Pork goulash(100) 52=50

Boiled macaroni(100) 11=50

Bread 2 slices(40) 4=00

Tea(150) 6=00

5 option

Fresh cabbage salad with egg(100/10) 26=00

Pink salmon baked with potatoes (150) 56=00

Bread 2 slices(40) 4=00

Tea(150) 6=00

DINNER / 180= /

1 option

1. Salad "Tradition" (100) 29=00

/boiled sausage, fresh cucumber, pickled cucumber, potatoes, peas, carrots, seasoned with mayonnaise/

2.Borscht (250/10/10) 45=50

/fresh cabbage soup with pork, served with sour cream/

3. "Brizol" (100) 61=00

/fillet chicken breast roast/

4. Garnish: mashed potatoes (150) 22=50

5. Bread 3 slices (60) 6=00

6. Black tea(200) 6=00

Option 2

1. Salad "Courage"(120) 37=00

/crab sticks, tomatoes, cabbage, corn, egg, seasoned with mayonnaise/

2. Chicken Noodle Soup(250) 29=00

3. Roast "Appetizing" in a pot(300) 92=00

/pork stewed with vegetables and baked with mayonnaise and cheese/

4. Bread 3 slices(60) 6=00

5. Black tea(200) 6=00

6. Cake "Nutlet"(40) 10=00

3 option

1. Salad "Mystery" (100) 30=70

/herring, fried onion, beetroot, mayonnaise, egg/

2. Noodle soup with chicken(250) 29=00

3. "Casanova" (100) 76=00

/pork tenderloin baked with egg, chicken, tomatoes, mayonnaise and cheese/

4. Garnish: boiled potatoes with butter, pickled cucumber (100/10/15) 22=30

5. Bread 3 slices(60) 6=00

6. Black tea(200) 6=00

7. Cake "Nutlet" (40) 10=00

LUNCH / 200=/

1 option

Salad "Tradition" (100) 33=00

/ Boiled chicken, fresh cucumber, green. peas, potatoes, egg, dressed with mayonnaise/

Borscht (250/10/10) 45=50

/Fresh cabbage borscht with pork, served with sour cream)

Roast "Appetizing" in a pot (300) 93=10

/Potatoes baked with meat, vegetables, cheese and mayonnaise/

Apple Pie (80) 16=40

Option 2

Salad "Courage" (120) 37=00

/Tomato, crab sticks, egg, corn, cabbage, seasoned with mayonnaise/

Chicken noodle soup (300) 29=00

Meat Casanova (100) 78=00

/Pork tenderloin baked with chicken, egg, tomatoes, cheese and mayonnaise/

Garnish/Mashed potatoes/ (110) 23=00

Rye bread (60) /3 pieces/ 6=00

Tea black/green (200) 6=00

Pancakes with jam (120) /2 pcs/ 21=00

DINNER /220=/

1 option

Salad "Tenderness"(110) 42=00

/ ham, boiled chicken, fresh cucumber, Chinese cabbage, egg, seasoned with mayonnaise/

Meat Casanova(100) 95=00

/pork tenderloin baked with tomatoes, chicken, egg, cheese and mayonnaise/

Garnish/Boiled potatoes/(110) 23=00

Rye bread 3 slices(60) 6=00

Cranberry juice(200) 20=00

28=00

Tea black/green(200) 6=00

Option 2

Courage Salad(120) 37=00

/tomatoes, crab sticks, cabbage, corn, egg, seasoned with mayonnaise/

Chicken Crunch(100) 77=00

/breast fillet fried in potato chips, served with mustard sauce/

Side dish: french fries(100) 46=00

Rye bread 3 slices(60) 6=00

Cranberry juice(200) 20=00

Puff pastry with berries(80) 28=00

Tea black/green(200) 6=00

Buffet /280=/

1. Salad "Tenderness" (100) 42=00

(gentle, puff salad with chicken and ham, with the addition of fresh cucumber, which gives juiciness to the salad, seasoned with light mayonnaise and covered with a snow cap of eggs)

2. Canape with caviar (30) 30=00

3. Canape with fruits (30) 17=00

4. Tartlet with filling (40) 13=00

/cheese, mayonnaise, Walnut, greenery/

5. Herring "Maldini" (70) 22=50

/herring with complex garnish of potatoes, apple, onion, mayonnaise, mustard, herbs/

6. Snack "Night temptation" (100) 76=50

/breast fillet baked with onions, bell pepper, lemon, cheese and mayonnaise, fresh herbs/

7. Bread 2 slices(40) 4=00

8. Alcoholic / non-alcoholic drinks 75=00

Banquet / gala dinner 350=/

1 option

Transit Salad(150) 66=00

/boiled chicken, ham, boiled sausage, pickled cucumber, egg, seasoned with mayonnaise/

"Meat Basket"(150) 151=00

/pork tenderloin baked with bacon, bell pepper, onion, cheese and mayonnaise/

Garnish(120) 55=50

/rustic potato with sauce, pickled cucumber/

Homemade buns (rye, wheat) 19=50

Cranberry juice(200) 20=00

10=00

Pancakes with jam (150/20 3 pcs.) 28=00

Option 2

Salad - cocktail "Smak"(140) 63=00

/cheese, apple, egg, mayonnaise, walnut, greens/

Pike perch in cream sauce(120/20) 136=50

Garnish (potato croquettes with sauce, assorted fresh vegetables) (100/70) 73=00

Homemade buns (rye, wheat) 19=50

Cranberry juice(200) 20=00

Tea (black/green) or coffee (instant)(200) 10=00

Pancakes with jam or cake (150/20 3 pcs.) 28=00

Contract for the provision of catering services

№ _________

Moscow "___" ____________ 20__

LLC "__________", hereinafter referred to as the "Customer", represented by Director General ___________, acting on the basis of the Charter, on the one hand, and _____________ LLC, hereinafter referred to as the "Contractor", represented by the General Director ___________, acting on the basis of the Charter, on the other hand, have concluded this Agreement as follows:

1. The Subject of the Agreement

1.1. The Customer instructs, and the Contractor assumes the obligation to provide catering services for the Customer, in a public catering enterprise located at: __________, in accordance with the conditions specified in Appendix No. 1 to this Agreement.

2. Obligations of the parties:

2.1. The Contractor undertakes:

2.1.1. Provide the Customer with services in the amount specified in Appendix No. 1 to this Agreement.

2.1.2. Provide required amount dishes for food and drinks, tables, equipment for serving food.

2.1.3. Provide waiters and a manager with the necessary qualifications and appropriate permits for this activity to serve visitors to the event.

2.1.4. Ensure the quality and compliance of the prepared food, drinks, utensils and equipment with applicable sanitary and hygienic regulations (standards) and compensate for damages and losses caused to the Customer or third parties due to poor quality or non-compliance of food, drinks, utensils or equipment, etc. the above norms (standards), other violations of obligations under this Agreement.

2.2. The customer undertakes:

2.2.1. Pay the amount specified in clause 3.1. in accordance with the terms of the Agreement.

2.2.2. Pay the cost of any damage associated with damage or destruction of the equipment (property) of the Contractor and / or third parties that occurred during the event.

2.2.3. If the Contractor rendered services in an amount exceeding the amount of the prepayment made by the Customer, the Customer undertakes to pay the Contractor the difference between the amount of the prepayment and the cost of the actually rendered services within a period not exceeding 5 (five) days from the date of signing by the parties of the Service Acceptance Certificate.

2.2.4. Within 5 (five) days from the moment the Contractor provides the Service Acceptance Certificate, sign and transfer the provided Certificate to the Contractor or provide the Contractor with a reasoned refusal to sign the Certificate. If within the specified period the Customer does not provide the Contractor with a signed copy of the Act or a reasoned refusal to sign the Act, the services are considered to be provided by the Contractor in a proper manner and accepted by the Customer.

3. Cost of services

3.1. For the performance of services under this Agreement, the Customer undertakes to pay the Contractor _________ (______________) ruble, including VAT.

4. Payment procedure

4.1. Payment is made by the Customer in the order of 100% prepayment, by transferring funds to the account of the Contractor within 5 (five) banking days from the moment the Contractor issues an invoice for payment. The Customer is considered to have fulfilled its obligation to pay for services from the date of receipt of funds to the Contractor's settlement account.

4.2. Based on the results of the provision of services, the Parties sign the Service Acceptance Certificate.

5. Force Majeure

5.1. In the event of force majeure circumstances, such as: fires, floods, strikes, hostilities, the introduction of new laws, the terms for the parties to fulfill their obligations under this Agreement are postponed in proportion to the period of such circumstances.

Contents of the contract paid provision services is a set civil rights and responsibilities of its members. This is the main element of any contract. The main responsibility of the contractor is to perform actions to provide the service. The subject of the contract are intangible services. Sitdikova L.B. Regulatory model of the contract for the provision of services // Russian judge. - 2008. - № 1. - P. 32 - 34. Under the contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to perform a certain action or carry out a certain activity, and the customer undertakes to pay for these services. paragraph 1 of Art. 779 Civil Code of the Russian Federation (part two) dated 01/26/1996 N 14-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on 12/22/1995) (as amended on 07/17/2009, as amended on 05/08/2010) // Russian newspaper 02/06/1996. No. 23. 02/07/1996. No. 24. 02/08/1996. No. 25. 02/10/1996. No. 27. Contract for the provision of services:

consensual;

bilateral-binding;

compensated. Nakushnova E.V. The place of obligations for the provision of services for compensation in the system of civil law contracts // Lawyer. - 2007. - No. 6. - S. 51 - 52.

General feature legal regulation contracts for the provision of services for a fee: it is allowed to apply to the regulation of the provision of services for a fee general provisions on the contract and household contract, if this does not contradict Art. 779-782 of the Civil Code of the Russian Federation, as well as the features of the subject of the contract for the provision of services for compensation.

Rules for the provision of public catering services Approved by the Decree of the Government of the Russian Federation No. Decrees of the Government of the Russian Federation No. 389 dated May 21, 2001 // ConsultantPlus (hereinafter referred to as the Rules) regulate relations between a legal entity or an individual entrepreneur providing catering services and consumers. Their purpose: they determine the procedure for the provision of catering services for all types of catering establishments, rights and obligations.

The parties to the contract for the provision of public catering services for a fee are: the service provider (executor) and the service recipient (customer). Legislatively, the requirements are established only in relation to the service provider:

Public catering establishments before the entry into force of the federal law "On the Protection of the Rights of Legal Entities and individual entrepreneurs in the implementation state control(oversight) and municipal control» Federal Law of December 26, 2008 N 294-FZ (as amended on April 26, 2010) “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 19, 2008) // Russian newspaper. 12/30/2008. No. 266. were obliged to obtain a sanitary and epidemiological conclusion of Rospotrebnadzor before the commencement of activities, in this moment in accordance with the above federal law it is enough to send a notification about the start of the activity;

Implementation in a restaurant alcoholic products requires the service provider to have a special permit-license.

The subject of the contract for the provision of paid catering services in a restaurant is the receipt of food in an institution. Necessary are: the presence of a wardrobe, men's and women's toilets, original decor in the design of the premises, the presence of a stage and a dance floor, a banquet hall, separate rooms, an air conditioning system, furniture superior comfort, porcelain-faience, crystal blown glassware, linen napkins, etc.

Catering service in a restaurant is a service, the purpose of which is the desired embodied result (individualized), which is achieved through the efforts of two parties:

provision of a service;

service consumption.

The price of services is determined by the service provider and presented to them in the form of price lists or menus. Payment is made in the terms and in the manner specified in the contract (clause 1 of article 781 of the Civil Code). The term for the performance of the service is determined by the parties.

The content of the contract consists of the rights and obligations of the parties: the service provider must perform the service, the service recipient must pay for it in the manner and within the time limits specified in the contract Nakushnova E.V. The place of obligations for the provision of services for compensation in the system of civil law contracts // Lawyer. - 2007. - No. 6. - S. 51 - 52. . The risk of non-fulfillment of the contract lies with the service recipient (Model Agreement in Appendix 1).

The service recipient answers: Andreev Yu. Civil law contracts for the provision of services for compensation (Chapter 39 of the Civil Code of the Russian Federation) // Economy and Law. - 2006. - No. 1. - S. 119 - 128.

For failure to perform the service by the service provider in case of his fault; the service is payable in full, unless otherwise provided by the contract or law (clause 2 of article 781 of the Civil Code);

The actual expenses incurred by the service provider in the event that the impossibility of performance arose due to circumstances for which neither party is responsible (clause 3 of article 781 of the Civil Code).

Unilateral refusal to perform the contract is possible if:

The customer will pay the contractor for the actual costs incurred by him;

The contractor will fully compensate the customer for losses (paragraph 2 of article 782 of the Civil Code). The concept of "catering service in a restaurant" is complex and includes such concepts as "food", "entertainment".

The contract for the provision of public catering services is classified as mixed, having signs of both a contract for the provision of services for a fee and a work contract.

Several points need to be considered. The first question, which is an essential condition of the contracts under consideration, is what should be included in the text of the contract in order, on the one hand, not to violate consumer protection law (if the contract is concluded with an individual), and on the other hand, to take into account their own interests.

Unfortunately, there is no comprehensive legal act on the activities of public catering in the Russian Federation. When deciding what are the essential terms of contracts for the provision of catering services, it is necessary to refer to the Rules for the provision of catering services, which indicate the information and conditions that the catering service must comply with.

The presence of the essential terms of the contract is mandatory due to the requirements established by paragraph 1 of Art. 422 and paragraph 1 of Art. 432 of the Civil Code of the Russian Federation Civil Code of the Russian Federation (Part One) of November 30, 1994 N 51-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 21, 1994) (as amended on December 27, 2009, as amended on May 8, 2010) // Rossiyskaya Gazeta. 12/08/1994. No. 239-239 .. In addition, the requirements of consumer protection legislation should be strictly observed (if the counterparty is a citizen - an individual). Andreev Y. Civil law contracts for the provision of services for compensation (Chapter 39 of the Civil Code of the Russian Federation) // Economy and Law. - 2006. - No. 1. - S. 119 - 128.

The absence of one of the essential (mandatory) terms of the contract should be considered as a violation of the consumer's right to information, which may determine the composition of an administrative offense under Part 1 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation. Code of the Russian Federation on Administrative Offenses of December 30, 2001 N 195-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 20, 2001) (as amended on May 19, 2010) // Rossiyskaya Gazeta. 12/31/2001. No. 256.

The absence of the total price of the service in the contract is not initially a violation of the consumer's right to information, since the invoice, which necessarily contains such a price, is an integral part of the contract. However, the absence of a menu or price list can be qualified as administrative offense, under Part. 1 Article. 14.8 of the Code of Administrative Offenses of the Russian Federation.

A certain problem in law enforcement and judicial practice there is also the issue of unilateral refusal to execute the contract for the provision of public catering services by the customer.

Within the meaning of Art. 782 of the Civil Code of the Russian Federation and art. 32 of the Law of the Russian Federation "On the Protection of Consumer Rights" Law of the Russian Federation of February 7, 1992 N 2300-1 (as amended on November 23, 2009) "On the Protection of Consumer Rights" (as amended and supplemented, effective from January 1, 2010) / / Russian newspaper. 01/09/1996. No. 8. the customer has the right to refuse to perform the contract at any time, subject to payment to the contractor of the expenses actually incurred by him related to the fulfillment of obligations under this contract.

The contractor has the right to refuse to fulfill obligations under the contract only if the customer is fully compensated for losses (clause 2 of article 782 of the Civil Code of the Russian Federation), determined in accordance with clause 2 of article 15 of the Civil Code of the Russian Federation. Sitdikova L.B. Regulatory model of the contract for the provision of services // Russian judge. - 2008. - No. 1. - S. 32 - 34.

The public catering organization suffers losses not only in the form of the amount of money returned to the customer, but also due to the fact that cash, received for the provision of entertainment services, are actually spent in full, but do not really participate in the implementation of this type of service, i.e. formed entertainment, are purchased necessary inventory, food, recruiting staff, etc.

When resolving disputes with counterparties of a public catering organization - legal entities that send their employees, one should pay more attention to the regulatory content of the current legislation and explanations of judicial and arbitration practice.

According to paragraph 1 of Art. 782 of the Civil Code of the Russian Federation, the customer has the right to refuse to fulfill the contract for the provision of services for compensation, subject to payment to the contractor of the expenses actually incurred by him.

In addition, in accordance with the provisions of paragraph 2 of the Information Letter of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 N 104 “Review of the Practice of Application by Arbitration Courts of the Norms Civil Code of the Russian Federation on certain grounds for termination of obligations” Information letter of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 N 104 “Review of the practice of application by arbitration courts of the norms of the Civil Code of the Russian Federation on certain grounds for termination of obligations”// Bulletin of the Supreme Arbitration Court of the Russian Federation. N 4. 2006. The unilateral refusal of the customer to execute the contract for the provision of services for a fee (clause 1, article 782 of the Civil Code of the Russian Federation) does not terminate the customer's obligation to pay the contractor the necessary expenses that he has incurred on account of the services not yet rendered until the moment of the unilateral refusal of the customer to perform the contract of services .

Hence the conclusion: the public catering organization is obliged to return legal entity(to the enterprise where the customer works) funds only if this amount exceeds the amount of expenses actually incurred by the restaurant for the formation of a food and entertainment program.

In this regard, in order to protect their economic interests, it is advisable for public catering organizations to include a condition on 100% prepayment for services rendered, which will reduce unnecessary financial and property risks.

Analyzed explanations of the Supreme Arbitration Court RF are also applicable to contracts for the provision of catering services with individuals. This conclusion follows from the fact that the law (Article 451 of the Civil Code of the Russian Federation) defines only the right to claim, and not the unconditional basis for unilateral termination of the contract by the customer.

At the same time, it should be considered a vicious practice of some companies in the sanatorium and resort sector to include in the account the norm on withholding from the customer-consumer in favor of the restaurant upon termination of the contract a part of the amount of money contributed to the account of the contract in the form of fixed amounts, including as a percentage of service price. This conclusion is not based on the norms of the law and determines the objective side of the offense under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation.

In this situation, it is necessary to include in the contract a condition specifically on the expenses actually incurred by the restaurant, which follows from the formal content legal regulations(Clause 1, Article 782 of the Civil Code of the Russian Federation).

The consumer has the right to refuse the service ordered by him at any time, subject to payment to the contractor of the actually incurred costs associated with the fulfillment of obligations under the contract. Decree of the Government of the Russian Federation of August 15, 1997 N 1036 (as amended on May 10, 2007) “On Approval of the Rules for the Provision of Public Catering Services” // Rossiyskaya Gazeta. 08/27/1997. No. 165. To do this, a public catering enterprise will need to prove the amount of expenses actually incurred for the preparation of dishes and the losses incurred in connection with this. Since, in accordance with Part 1 of Art. 65 of the Code of Administrative Offenses of the Russian Federation, each person participating in the case must bring irrefutable facts in favor of the circumstances to which he refers as the basis for his claims and objections. When applying to the court with a claim for the recovery of damages, the plaintiff must prove the fact of causing harm (the amount of damages), as well as a causal relationship between the action of the tortfeasor and the harm that has occurred. For dishes prepared from the main menu, it will be very difficult to do this. Based on this, in order for the enterprise to be able to prove its actual expenses for organizing a banquet, firstly, an agreement is required, and secondly, it is advisable to describe in detail in the appendix to the agreement how much and what products will be purchased for it. If subsequently the company cannot sell these products, it will be possible to present the contract, documents for the purchase of these products and, for example, a report on the average daily consumption of products in the main activity of the establishment (to show that the company will not be able to spend such a quantity of products before they expire). In the event that it was possible to sell the products only at a price lower than the purchase price, the resulting difference will be a loss. Thus, if a restaurant wants to reduce possible losses, it is necessary to take care of the evidence base of actual expenses.

It is important that the inclusion in the contract of penalties in case of refusal of the client is illegal. The contract for the provision of public catering services, by its legal nature, is a contract for the provision of services for a fee. A feature of such an agreement is that, by virtue of paragraph 1 of Art. 782 of the Civil Code of the Russian Federation, its parties are granted the right to unilaterally refuse to execute the transaction: the customer has the right to refuse to execute the contract for the provision of services for compensation, subject to payment to the contractor of the expenses actually incurred by him.

Civil law does not link the right of the customer to refuse to execute the contract for the provision of services for compensation with the occurrence of certain circumstances; for the refusal, the lack of further desire to execute the transaction is sufficient. Such an agreement by virtue of paragraph 3 of Art. 450 of the Civil Code of the Russian Federation is considered terminated. In turn, the penalty, within the meaning of Art. 330 of the Civil Code of the Russian Federation, is a way to secure an obligation, which is a form of property liability for its violation. The customer, exercising the right to a unilateral refusal granted to him by law, acts lawfully and, therefore, is not a person who has guiltyly violated the obligation, which excludes the possibility of holding him liable under Art. 330 GKRF. Based on this, the procedure for terminating the contract for the provision of services for compensation, which contains the requirement to pay a penalty, is void on the basis of Art. 168 of the Civil Code of the Russian Federation as contradicting paragraph 1 of Art. 782, Art. 330 of the Civil Code of the Russian Federation. In turn, the court recalls that the contractor may exercise his right to reimbursement of actually incurred expenses.

As for the concepts of prepayment and deposit, the Civil Code of the Russian Federation Art. 380, paragraph 1 reads: “A deposit is a sum of money issued by one of the contracting parties on account of payments due from it under the contract to the other party, as evidence of the conclusion of the contract and to ensure its execution.” Prepayment, according to the Modern Economic Dictionary - “preliminary and partial payment for goods and services on account total amount debt, which serves as a guarantee of payment for the purchased goods. Modern Economic Dictionary / B. A. Raizberg, L. Sh. Lozovsky, E. B. Starodubtseva. M .: Infra-M, 2006. - S. 382. And the issue of compensation for costs and losses depends primarily not on the term, but on a correctly drawn up contract, which clearly spells out the responsibility of the parties.

The restaurant is obliged to provide a service to any consumer who has contacted him with the intention of ordering a service, on the terms agreed by the parties, i.e. there are signs of a public contract, enshrined in paragraph 1 of Art. 426 of the Civil Code of the Russian Federation. And, as you know, refusal commercial organization from the conclusion of a public contract, if it is possible to provide the relevant services, is not allowed, in accordance with paragraph 3 of Art. 426 of the Civil Code of the Russian Federation. Thus, the consumer is obliged to let them into the restaurant, regardless of the "face control" and "dress code", with the exception of the inability to provide a service, i.e. lack of vacancies; holding a corporate party, subject to the announcement that the restaurant is closed for special service; lack of water, electricity.