

legal
Terms and Conditions
The following Terms and Conditions apply to all services provided by Masterclass Cocktail Manufaktur Toutoulas, particularly Catering, Academy, and Consulting services. They govern booking, service delivery, payment, cancellation, liability, data protection, and rights of use. Any deviating agreement applies only if confirmed in writing.
MCM - Masterclass Cocktail Manufaktur
SOLE PROPRIETORSHIP OF KYRIAKOS TOUTOULAS
Terms and Conditions – binding version
1.
Scope and Provider
These Terms and Conditions govern the contractual relationship between Masterclass Cocktail Manufaktur Toutoulas, Aarepark 5A, 5000 Aarau, Switzerland, registered in the Commercial Register of the Canton of Zurich under number CH-020.1.082.023-4 (hereinafter “MCM”), and its customers, clients, participants, and contractual partners.
These Terms and Conditions apply to all current and future services provided by MCM, particularly cocktail catering, event hospitality, mobile bar concepts, training courses, Academy formats, workshops, consulting, concept development, beverage concepts, service excellence, operational flow, and comparable services.
Any terms and conditions of the customer that deviate from, conflict with, or supplement these Terms and Conditions apply only if MCM has expressly agreed to them in writing.
2.
Incorporation of the Terms and Conditions
These Terms and Conditions become part of the contract if the customer has been made aware of them in connection with an offer, order confirmation, booking, form, email correspondence, or other communication and has had the opportunity to review their content.
By accepting an offer, confirming a booking, paying a deposit, or using the service, the customer agrees to these Terms and Conditions.
For online bookings made through the MCM website, these Terms and Conditions are incorporated by requiring the customer, before submitting the booking, to expressly confirm that they have read and agree to them, for example by selecting the relevant checkbox.
In recurring business relationships, these Terms and Conditions also apply to future orders unless a different arrangement is expressly agreed.
3.
Offers and Conclusion of Contract
Offers from MCM are binding until the date stated in the offer. If no date is stated, an offer remains valid for 10 calendar days from its date of issue unless expressly withdrawn. A contract is concluded only when the customer accepts the offer in writing and MCM confirms it in writing.
Email, digital acceptance of an offer, a signed offer, or another verifiable form of digital consent also constitutes written confirmation.
The contract consists of the offer, the service description, the agreed key terms, these Terms and Conditions, and any additional written agreements.
MCM is entitled to limit the validity period of an offer.
Changes made after acceptance of an offer may result in price adjustments.
Verbal side agreements are binding only if confirmed in writing.
4.
Service Areas
MCM operates in three main areas: Catering, Academy, and Consulting. The specific services are set out in the relevant offer.
Catering particularly includes mobile bar and beverage services, cocktail service, bar staff, hospitality support, event logistics, and, where agreed, equipment, products, glassware, and setups.
Academy particularly includes courses, training, workshops, individual and team formats, and certificate or participation formats covering bar operations, mixology, service, product knowledge, and efficient workflows.
Consulting particularly includes strategic, operational, and creative consulting services for bars, hotels, brands, hospitality projects, beverage concepts, menu development, service standards, and process optimization.
5.
Catering Services
The specific scope of the Catering services is defined in the offer. Depending on the assignment, this may include staff, preparation, recipes, purchasing, product calculations, mobile bar elements, glassware, tools, garnishes, setup, dismantling, service hours, and follow-up work.
MCM may have parts of the services performed by qualified employees, freelancers, partners, suppliers, or subcontractors, provided the quality of the services is maintained.
Services not expressly included in the offer are not included in the agreed scope. These may particularly include special permits, additional third-party services such as security services, furniture, water connections, high-voltage power, refrigeration, on-site ice production, cleaning outside the bar area, coat-check services, music, or decoration, as well as official or special permits. Unless expressly agreed otherwise, the customer is responsible for obtaining all required official permits.
6.
Academy Services
Academy services are offered as open courses, private training sessions, corporate training, workshops, or individually designed formats. Content, duration, location, language, participant numbers, and skill level are determined by the relevant service description.
MCM may adapt training content to the group, prior knowledge, available time, operational context, and learning objective. MCM is not required to provide content identical to earlier training sessions or sample programs.
Certificates of participation may be issued after participation and at MCM’s discretion. A certificate confirms participation and, where applicable, the content completed, but does not constitute a state-recognized professional qualification unless expressly agreed.
Participants must be physically and mentally capable of taking part in the training.
The applicable statutory age requirements apply to training involving alcohol.
MCM may exclude participants whose conduct is disruptive or presents a safety concern.
7.
Consulting Services
Consulting services comprise advisory, concept-development, and development services. MCM is required to provide professional advice to the best of its knowledge and within the agreed scope of services but does not guarantee any particular commercial outcome.
Recommendations, concepts, standards, workflows, menu structures, beverage concepts, and operational measures must be reviewed and implemented by the customer under the customer’s own responsibility.
The customer remains responsible for all legal, tax, employment-law, food-law, construction, financial, and regulatory matters relating to its business or project.
8.
Customer Obligations
The customer shall provide MCM in due time—and no later than any deadlines stated in the offer or order confirmation—with all information, documents, and decisions required for planning, calculation, and performance. These particularly include the date, location, times, number of guests or participants, type of event, access conditions, contact persons, technical requirements, safety requirements, and special requests.
The customer is responsible for the accuracy and completeness of the information provided. Delays, additional costs, or quality limitations resulting from incomplete or incorrect information shall be borne by the customer.
The customer shall ensure that MCM has access to the service location and can use the agreed working area, storage area, and required infrastructure.
9.
Prices, VAT, and Additional Costs
All prices are stated in Swiss francs (CHF) unless otherwise indicated. Whether prices are shown inclusive or exclusive of VAT depends on MCM’s VAT status.
To the extent that MCM is or becomes subject to VAT, prices are exclusive of statutory VAT, and VAT will be shown separately on the invoice.
Additional costs, such as travel and transportation costs, parking fees, and fees for special permits, will be stated in the offer where possible. Additional costs not stated in the offer will be invoiced based on the actual costs incurred and the corresponding supporting documents.
10.
Payment, Deposits, and Default
No deposit is generally required for Academy services. The agreed course fee must be paid in full. The regular payment period is 10 calendar days. If a booking is made 5 to 9 calendar days before the start of the course, the payment period is no more than 3 calendar days. If a booking is made 1 to 4 calendar days before the start of the course, the payment period is no more than 24 hours, and full payment must in all cases be received before the course begins. If a booking is made less than 24 hours before the start of the course, the full course fee must be paid before the course begins. Expressly agreed written exceptions remain possible.
For Catering services, a deposit equal to 30% of the agreed total fee is generally due after the contract is concluded. MCM may issue the corresponding deposit invoice immediately after conclusion of the contract or placement of the order. The deposit will be credited in full against the total fee due.
For the remainder of the Catering fees, the payment period of 10, 14, or 30 calendar days specified in the offer, order confirmation, or invoice applies. If no specific payment period is stated, payment is due within 10 calendar days of the invoice date. If only 5 to 9 calendar days remain between the invoice date and the agreed start of the services, the payment period is no more than 3 calendar days. If 1 to 4 calendar days remain before the start of the services, the payment period is no more than 24 hours, and the invoiced amount must in all cases be received before the services begin. If the invoice is issued less than 24 hours before the start of the services, the invoiced amount must be paid before the services begin. Expressly agreed written exceptions remain possible.
For Consulting services, a deposit equal to 30% of the contract value agreed when the contract is concluded is generally due after conclusion of the contract. Additional services billed based on actual time and effort, the scope of which is not yet known when the contract is concluded, are not included in the basis used to calculate the deposit unless otherwise agreed. The deposit will be credited in full against the total fee due.
For the remainder of the Consulting fees, the payment period of 10, 14, or 30 calendar days specified in the offer, order confirmation, or invoice applies. If no specific payment period is stated, payment is due within 10 calendar days of the invoice date. If only 5 to 9 calendar days remain between the invoice date and the agreed start of the services, the payment period is no more than 3 calendar days. If 1 to 4 calendar days remain before the start of the services, the payment period is no more than 24 hours, and the invoiced amount must in all cases be received before the services begin. If the invoice is issued less than 24 hours before the start of the services, the invoiced amount must be paid before the services begin. Expressly agreed written exceptions remain possible.
If the customer is in payment default, MCM may set a reasonable additional period for payment in accordance with the contractual and statutory requirements. MCM may withhold services not yet performed, as well as further services, until the overdue payment has been received. If payment before the start of the services or course is expressly required for a short-notice booking, MCM may refuse to perform the service or allow participation in the course if payment is not received, unless otherwise expressly agreed in writing. Statutory remedies for payment default remain unaffected. No flat-rate reminder fee will be charged unless expressly and validly agreed.
Any objection to an invoice must be submitted in writing within 14 calendar days of receipt. After that period, the invoice is deemed accepted unless it contains an obvious error. Any mandatory statutory rights of the customer remain unaffected.
11.
Changes, Additional Services, and Additional Work
Changes to the scope of services after conclusion of the contract require coordination with MCM. MCM will inform the customer of any identifiable additional costs.
Additional services, extended working hours, increased numbers of participants or guests, special requests, short-notice changes, waiting times, external procurement, organization of third-party providers, and any other unforeseeable additional work that is not part of the agreed scope of services may be invoiced separately.
In particular, for Consulting services, services that are not included in the agreed scope or that are commissioned subsequently may be invoiced separately at the agreed hourly or daily rate or based on the actual time and effort involved.
Where time permits, MCM will inform the client of the additional work and anticipated costs before carrying it out. Such work will generally be performed after approval by the client in a text-based form, such as email or a messenger message.
MCM may charge for such services based on the actual time and effort involved, agreed hourly or daily rates, or a reasonable project-based flat fee. The amount charged will be determined particularly by the scope, complexity, urgency, and organizational and staffing requirements of the additional service.
Any third-party, material, transportation, travel, procurement, or other external costs incurred will be invoiced separately.
If prior written approval is not possible due to urgency and the additional service is necessary for the proper performance of the event—or is expressly requested by the client, the client’s representative, or a designated on-site contact—the additional service is deemed commissioned.
If a requested change cannot be implemented for organizational, staffing, logistical, or quality-related reasons, MCM may reject the change.
12.
Cancellation by the Customer
The customer must notify MCM of a cancellation in writing.
Unless otherwise agreed in an individual offer or another written agreement, the cancellation terms set out in Annex A constitute the binding basis for settlement. The cancellation fees constitute a predetermined compensation for losses, taking into account expenses saved and any opportunity to use the released capacity elsewhere.
Payments and deposits already made will be credited against the amounts due as a result of the cancellation.
The same costs or losses may not be charged both through the lump-sum cancellation fee and again as additional costs. Additional costs may therefore be charged in addition to the cancellation fee only to the extent that they are justified and are not already covered by the cancellation fee.
If a payment already made exceeds the amount properly due as a result of the cancellation, the difference will generally be refunded within 14 calendar days after the final statement has been prepared and transmitted.
The customer remains entitled to demonstrate that MCM incurred no loss or a substantially lower loss.
13.
Cancellation, Postponement, and Rescheduling
MCM may cancel or postpone a service for good cause if performance is impossible, unreasonable, or presents a safety concern. Good cause particularly includes illness of key personnel, failure of essential suppliers, force majeure, safety risks, official orders, or the customer’s failure to make payments when due.
Where feasible and reasonable, MCM and the customer will first seek to agree on a replacement date or a reasonable adjustment to the agreed service. If MCM cancels the service permanently, payments already made for services that have not been performed and are not otherwise payable will be refunded. Section 26 applies additionally in cases of force majeure. Any further claims are governed solely by the applicable statutory provisions and the liability provisions in Section 25.
Any rescheduling or postponement requested by the customer requires MCM’s consent and is subject to the availability of staff, time, organizational resources, and logistics. It becomes effective only when confirmed by MCM in writing.
A deposit already paid will generally be transferred to the replacement date confirmed by MCM in writing. Costs already incurred, and justified additional costs resulting from the postponement, remain payable.
If rescheduling results in material changes to the date, venue, number of guests or participants, scope of services, working hours, product planning, or other factors relevant to the calculation, MCM may recalculate the service and issue an adjusted offer or order confirmation.
Academy services may be rescheduled to an available replacement date with MCM’s consent. In the case of short-notice rescheduling, the cancellation terms applicable to the original date may be taken into account, particularly if the vacated course place cannot be filled by another participant.
If MCM does not confirm a requested rescheduling, the original booking remains in effect. If the customer does not attend the original date, the cancellation terms for the original date apply.
The option to nominate a suitable substitute participant under Section 20 remains unaffected.
14.
Participant Numbers, Product Planning, and Minimum Quantities
The customer shall inform MCM of the expected and final number of guests or participants within the applicable deadlines. Unless otherwise agreed, the final number must be communicated in writing no later than 7 calendar days before the event or training begins.
The most recently confirmed number of guests or participants constitutes the binding minimum quantity and must be paid for in full regardless of actual attendance.
A subsequent reduction in the number of guests or participants does not entitle the customer to reduce the agreed fee, even if actual attendance is below the confirmed number. This applies particularly because staffing, product, logistics, and capacity planning are based on the confirmed number of guests or participants.
Any increase in the number of guests or participants requires prior coordination with MCM. MCM will endeavor to provide the additional services, but the customer is entitled to their provision only if the necessary staff, products, infrastructure, and other capacities are available. Additional services will be invoiced separately.
15.
Alcohol, Protection of Minors, and Responsible Service
MCM is committed to the responsible handling of alcoholic beverages. The customer must inform MCM in advance of any underage guests, special safety requirements, or circumstances requiring particular sensitivity regarding alcohol.
Alcoholic beverages will be served only in accordance with applicable law, particularly the federal and cantonal provisions on the protection of minors that apply in Switzerland. MCM may refuse to serve alcoholic beverages to visibly intoxicated persons, minors, or persons whose conduct presents a safety concern.
As the event organizer, the customer remains responsible for the event as a whole, safety, admission, supervisory duties, and compliance with official requirements, except to the extent that MCM has expressly assumed those responsibilities.
16.
Food, Allergens, and Hygiene
MCM operates in accordance with professional hygiene and quality standards. The customer shall inform MCM in due time of any allergies, intolerances, special dietary requirements, or groups of guests requiring particular consideration.
MCM complies with the statutory information requirements for food and allergens under the applicable food-law provisions. MCM may also provide information regarding allergens and ingredients but assumes no liability for losses arising from undisclosed allergies, cross-contamination outside MCM’s control, or incorrect information provided by third parties.
Food, garnishes, juices, syrups, ice, and other consumable materials are generally not eligible for return or reimbursement after the event where they were procured or prepared specifically for the order.
17.
Equipment, Bar Setup, and Materials
Equipment, tools, glassware, bar elements, decorations, menu cards, transport boxes, refrigeration equipment, and other materials provided by MCM remain the property of MCM or the relevant supplier.
The customer is liable for any loss, damage, or improper use of materials provided by MCM to the extent caused by the customer or the customer’s guests. This liability particularly includes repair costs or, where repair is impossible or not economically reasonable, the replacement value of the affected materials.
MCM may require a security deposit or a separate materials agreement for high-value equipment. Breakage, loss, or special cleaning may be invoiced based on the actual costs incurred.
18.
Venue and Infrastructure
The customer shall ensure that the venue is suitable for the agreed service. This particularly includes sufficient space, a stable surface, lighting, electricity, water, wastewater facilities, refrigeration, safe access routes, loading areas, parking facilities, and protection from the weather.
For outdoor events, the customer is responsible for weather protection, wind protection, rain alternatives, sun protection, suitable ground conditions, and safe working conditions unless otherwise agreed.
If MCM is unable to perform, or can perform only to a limited extent, because of inadequate infrastructure or other circumstances attributable to the customer, MCM’s entitlement to payment remains in effect. MCM will, however, appropriately account for expenses saved and any alternative use of released capacity.
19.
Staff, Working Hours, and Breaks
Staff deployment times are set out in the offer. Where agreed, deployment time includes preparation, setup, service, dismantling, cleaning of the immediate bar area, and handover.
Extensions are subject to availability and will be invoiced based on the actual time and effort involved. Partial hours will be rounded up to the next full hour unless otherwise agreed in the offer.
The customer shall ensure appropriate breaks, access to drinking water, safe working conditions, and respectful treatment of the assigned staff. MCM may suspend or discontinue the service if conditions are unreasonable.
20.
Academy Terms of Participation
Academy participants must follow the coaches’ instructions, particularly when using bar tools, glassware, ice, knives, electrical equipment, hot liquids, or alcohol.
Participation is the participant’s own responsibility. Participants must disclose any health restrictions, allergies, or special risks before the training begins.
If a participant arrives late or leaves early, there is no entitlement to a refund of the course fee, provided MCM has properly made the service available.
In the event of a no-show or cancellation less than 48 hours before the course begins, 100% of the agreed course fee is payable unless different written cancellation terms have expressly been agreed.
The customer may nominate a suitable substitute participant at no additional cost up to 24 hours before the course begins unless otherwise agreed. Mandatory statutory provisions protecting consumers remain unaffected.
For corporate training, the client is responsible for registering only suitable participants and for clarifying internal policies, working hours, insurance, and safety rules with those participants.
21.
Consulting Results and Implementation
Consulting results may be delivered through meetings, workshops, presentations, concept papers, menu structures, recipes, process recommendations, training plans, mood boards, checklists, or other working documents.
The customer decides under its own responsibility whether and how to implement the recommendations. MCM is not liable for the customer’s business decisions, cost developments, staffing decisions, market responses, or commercial results.
External factors such as suppliers, employee qualifications, location, budget, permits, or management decisions may affect the impact of the Consulting services if they are not implemented in accordance with the recommendations.
22.
Rights of Use for Concepts and Documents
MCM’s concepts, training materials, recipes, methods, workflows, presentations, design approaches, calculations, checklists, photographs, templates, and other work products are protected by copyright, rights relating to know-how, or contract to the extent permitted by law.
The customer receives only the rights of use required for the agreed purpose. Unless expressly agreed otherwise, the customer receives a non-exclusive, non-transferable, and non-sublicensable right to use concepts, documents, recipes, and training materials created by MCM internally within the customer’s own business. Any use beyond this—including disclosure to third parties, publication, reproduction, sale, or training third parties using those materials—is permitted only with MCM’s prior written consent.
Final work products created individually for the customer may be used within the customer’s own business unless otherwise provided in the offer. Raw data, editable working files, internal methods, and drafts that have not received final approval remain with MCM.
23.
Use of Images, Videos, and References
MCM may use the names and logos of business customers, general project information, and anonymized images of setups that do not identify any person as references for its own marketing purposes unless the customer objects in writing. For private customers who are natural persons, and for images showing identifiable persons, use for marketing purposes requires the express consent of the person concerned.
Images and videos from events may be used only where the necessary rights have been obtained. When recording and using images and videos, MCM observes the personal rights of the persons concerned under Article 28 of the Swiss Civil Code and the applicable data protection requirements. Where required, MCM obtains appropriate consent or provides clear on-site notice that photographs or videos are being recorded.
The customer shall ensure that any images, logos, trademarks, or text provided by the customer may be used lawfully and shall indemnify MCM against third-party claims to the extent that those claims arise from material provided by the customer.
24.
Data Protection and Confidentiality
MCM processes personal data in accordance with the applicable data protection requirements, particularly the Swiss Federal Act on Data Protection as amended from time to time and, where applicable, the EU General Data Protection Regulation. Further details are set out in MCM’s current Privacy Policy.
The customer agrees that MCM may process data required to perform the contract, particularly contact data, project data, invoicing data, participant data, and communication data.
The duty of confidentiality continues after the contract ends. Statutory disclosure and information obligations toward authorities or courts are excluded from that duty. Both parties shall keep confidential all confidential information, internal business information, calculations, customer data, recipes, concepts, pricing structures, and non-public project information.
25.
Liability and Insurance
MCM is liable for losses only in accordance with the applicable statutory provisions and, to the extent permitted by law, only in cases of intent or gross negligence. In cases of ordinary negligence, MCM is liable only for a breach of material contractual obligations and only up to the amount of the loss that was foreseeable and typical for the contract.
Liability for indirect losses, consequential losses, lost profits, reputational harm, business interruption, loss of data, or third-party claims is excluded to the extent permitted by law.
The customer is responsible for maintaining adequate event organizer liability insurance, business liability insurance, property insurance, theft protection, and any other necessary insurance unless MCM has expressly assumed responsibility for them.
The limitations of liability above do not apply to personal injury, including death, bodily injury, or harm to health, or to losses caused by MCM intentionally or through gross negligence. Mandatory statutory liability provisions, particularly those protecting consumers, remain unaffected.
MCM is not liable for losses caused by guests, participants, other service providers, the venue, inadequate infrastructure, official intervention, or insufficient cooperation by the customer, provided MCM is not at fault.
26.
Force Majeure
Force majeure means events beyond the parties’ control that materially impede or make performance of the contract impossible and that cannot be prevented or overcome despite reasonable care. Such events may particularly include natural events, exceptional severe weather, epidemics or pandemics, official orders, strikes, war, terrorism, major power or infrastructure failures, traffic closures, serious supply failures, or comparable events.
In the event of force majeure, the parties will first seek to postpone the service or make another reasonable adjustment to the contract, particularly an adjustment to the date or scope of services.
If postponement or another reasonable contractual adjustment is not possible, the legal consequences are governed by the contract and applicable Swiss law. Services already performed and legally permissible costs that were actually incurred and can no longer be avoided will be taken into account.
Payments already made will be credited against the amounts properly due. Any remaining refundable amount will be returned to the customer.
The parties’ statutory rights relating to liability, withdrawal, termination, and the unwinding of the contract remain unaffected.
27.
Communication and Written Form
Legally relevant declarations, including bookings, changes, cancellations, notices of defects, and the setting of deadlines, must be made in writing. Email is sufficient unless a stricter form is required by law. An email is deemed received as soon as it is available in the customer’s electronic mailbox. The customer is responsible for notifying MCM of any changes to their contact details.
The customer must provide current contact information and ensure that communications from MCM can be received.
Project-related arrangements made through messenger services, by telephone, or in verbal discussions are binding only if confirmed in writing.
28.
Notice of Defects and Acceptance
Obvious defects must be reported to MCM immediately—that is, while the services are being performed or immediately after completion.
If the customer does not provide timely notice, the services are deemed to have been performed in accordance with the contract. Hidden defects must be reported to MCM immediately after discovery. The customer’s statutory rights concerning defects remain unaffected to the extent they are mandatorily applicable.
Consulting or concept-development services are deemed accepted if the customer does not report any material defects in writing within 7 calendar days after delivery.
29.
Final Provisions
Swiss law applies, excluding conflict-of-laws provisions to the extent permitted by law. For contracts with consumers residing outside Switzerland, any mandatory provisions of the law of the consumer’s country of residence remain unaffected to the extent they are mandatorily applicable.
To the extent permitted by law, the place of jurisdiction is MCM’s registered office. For contracts with consumers, the mandatory jurisdiction rules of Swiss law apply; in particular, the consumer’s place of residence remains an available place of jurisdiction. MCM may also bring claims at the customer’s general place of jurisdiction.
If any provision of these Terms and Conditions is wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced with a valid provision that comes as close as possible to its intended commercial purpose.
MCM reserves the right to amend or supplement these Terms and Conditions. The version in effect when the contract is concluded applies unless a later version is agreed.
30.
ANNEX A: BINDING CANCELLATION RULES
The following cancellation rules apply unless otherwise agreed in an individual offer or another written agreement. Payments and deposits already made will be credited against the amounts due in accordance with Section 12.
A1. Catering and Event Hospitality
The cancellation fee is calculated on the basis of the agreed contract value.
Timing of cancellation
Cancellation fee
60 calendar days or more before the start of the services
30 to 59 calendar days before the start of the services
0% of the agreed contract value
30% of the agreed contract value
15 to 29 calendar days before the start of the services
50% of the agreed contract value
8 to 14 calendar days before the start of the services
75% of the agreed contract value
Less than 8 calendar days before the start of the services or no-show
100% of the agreed contract value
Third-party, procurement, travel, logistics, or special costs that were actually incurred and can no longer be canceled or used elsewhere may be taken into account additionally, provided they are not already covered by the lump-sum cancellation fee. The same costs may not be charged twice.
A2. Academy and Training
The cancellation fee is calculated on the basis of the agreed course fee.
Timing of cancellation
Cancellation fee
14 calendar days or more before the start of the course
7 to 13 calendar days before the start of the course
0% of the agreed course fee
50% of the agreed course fee
48 hours to less than 7 calendar days before the start of the course
75% of the agreed course fee
Less than 48 hours before the start of the course or no-show
100% of the agreed course fee
For private, corporate, and individually organized Academy formats, the cancellation terms agreed in the relevant offer or another written agreement take precedence. If no such terms have been agreed, the Academy schedule above applies.
External project-related costs that were actually incurred and cannot be avoided may be taken into account additionally, provided they are not already covered by the lump-sum cancellation fee. The same costs may not be charged twice.
The option to nominate a suitable substitute participant under Section 20 remains unaffected.
A3. Consulting
No percentage-based cancellation schedule applies to Consulting services.
Time of Termination
Remuneration
Before the start of
the project
Services already rendered, preparatory work, and third-party costs incurred will be billed on a time-and-materials basis. Any agreed-upon start-up or conceptualization fee remains due.
After the start of
the project or after
the kick-off meeting
All services rendered up to the time of termination will be remunerated. In addition, MCM may invoice for capacity that has already been reserved and can no longer be used for other purposes.
Ongoing
consulting or
retainer agreements
Remuneration is based on the agreed contract term and the agreed notice periods. The agreed remuneration remains due until the end of the contract term or notice period.
If a Consulting project is ended, revoked, or terminated by the customer, the following items will particularly be taken into account:
• services properly performed under the contract up to the effective date of termination;
• agreed and properly payable start-up or concept-development services;
• justified expenses and third-party costs;
• additional services commissioned by the customer or not included in the original scope, in accordance with Section 11;
• any other amounts payable under the contract and applicable Swiss law.
A deposit of 30% that has already been paid will be credited against the amounts properly due. If the deposit or another payment already made exceeds the final amount due, the difference will generally be refunded within 14 calendar days after the final statement has been prepared and transmitted, in accordance with Section 12.
For ongoing consulting or retainer agreements, the contractually agreed terms and notice periods apply to the extent that they are compatible with mandatory Swiss law.
To the extent that the contractual relationship is subject to the provisions of Swiss mandate law, the statutory rights to terminate at any time and any statutory compensation claims arising from termination at an inopportune time remain unaffected.

