Terms and Conditions

These General 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.

Any terms and conditions of the customer that differ from, conflict with, or supplement these terms and conditions shall apply only if MCM has expressly agreed to their validity 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 utilizing the service, the customer agrees to these Terms and Conditions.

For online bookings made via the MCM website, these Terms and Conditions are incorporated by the customer expressly confirming, prior to submitting the booking, that they have read the Terms and Conditions and agree to their validity (e.g., by checking a corresponding checkbox).

In the case of recurring business relationships, these Terms and Conditions also apply to future orders, unless a different agreement is expressly made.

3. Offers and Conclusion of Contract

Offers from MCM are binding until the date specified in the offer. If no date is specified, offers are valid for 10 calendar days from the date of issuance, unless they are expressly revoked. A contract is not concluded until the customer accepts the offer in writing and MCM confirms it in writing.

Email, digital acceptance of the offer, a signed offer, or any other verifiable digital consent shall also be deemed written confirmation.

The basis of the contract consists of the offer, the description of the service, the agreed key terms, these General Terms and Conditions, and, if applicable, any additional written agreements.

MCM is entitled to set a time limit on offers.

Changes made after acceptance of the offer may result in price adjustments.

Verbal side agreements are only binding if they have been confirmed in writing.

4. Scope of Services

MCM operates in three main areas: Catering, Academy, and Consulting. The specific services provided are detailed in the respective offerings.

Catering includes, in particular, mobile bar and beverage services, cocktail service, bar staff, hospitality support, event logistics, and optional equipment, supplies, glassware, and setups.

Academy includes training courses, workshops, individual and team formats, as well as certification or participation programs covering bars, mixology, service, product knowledge, and efficient workflows.

Consulting 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 catering services is set forth in the proposal. Depending on the assignment, this may include staffing, preparation, recipes, purchasing, cost calculation, mobile bar elements, glassware, tools, tableware, setup, takedown, service hours, and follow-up.

MCM is entitled to have partial services performed by qualified employees, freelancers, partners, suppliers, or subcontractors, provided that the quality of the service is maintained.

Services not expressly mentioned in the offer are not included. These may include, in particular, special permits, additional third-party services (security services, furniture, water connections, high-voltage power, refrigeration, on-site ice production, cleaning outside the bar area, coat check, music, decoration), official permits, or special permits. Unless expressly agreed otherwise, the customer is responsible for obtaining all official permits.

6. Academy Services

Academy services are offered as open courses, private training sessions, corporate training, workshops, or customized formats. The content, duration, location, language, number of participants, and skill level are determined by the respective service description.

MCM may adapt training content to the group, prior knowledge, timeframe, business context, and learning objectives. MCM is not obligated to ensure exact consistency with previous training sessions or sample programs.

Certificates of participation may be issued upon completion of the training and at MCM’s discretion. A certificate confirms participation and, where applicable, the content covered, but does not constitute a state-recognized professional qualification unless expressly agreed upon.

Participants must be physically and mentally capable of participating in the training.

For training sessions involving alcohol, the legal age requirements apply.

MCM may exclude participants in the event of behavior that is safety-related or disruptive.

7. Consulting Services

Consulting services include advisory, design, and development services. MCM is obligated to provide professional advice to the best of its knowledge and in accordance with the agreed scope of services but does not guarantee any specific economic success.

Recommendations, concepts, standards, workflows, menu structures, beverage concepts, or operational measures must be reviewed and implemented by the customer at its own discretion.

The customer remains responsible for the legal, tax, labor law, food safety, construction, financial, and regulatory aspects of its business or project.

8. Customer Obligations

The customer shall provide MCM in a timely manner—i.e., no later than the deadlines specified in the offer or order confirmation—with all information, documents, and decisions necessary for planning, costing, and execution. This includes, in particular, the date, location, times, number of guests or participants, type of event, access conditions, contact person, technical requirements, safety regulations, 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 workspace, storage area, and necessary infrastructure as agreed.

9. Prices, VAT, and Additional Costs

All prices are quoted in Swiss francs (CHF), unless otherwise stated. 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 listed “exclusive” of statutory VAT, and VAT is shown separately on the invoice.

Incidental costs (e.g., travel and transportation costs, parking fees, fees for special permits) are listed in the quote whenever possible. Incidental costs not listed in the quote will be billed based on actual expenses as documented by receipts.

10. Payment, Deposit, and Default

MCM may require a deposit to confirm a reservation. The amount of the deposit is specified in the quote or order confirmation.

Invoices are payable without deduction within the period specified on the invoice. If no period is specified, a payment term of 10 calendar days from the invoice date applies.

In the event of late payment, MCM may withhold further services after prior notice. The current reminder process does not impose automatic reminder fees or automatically calculated default interest. Mandatory statutory claims remain reserved.

Objections to invoices must be submitted in writing within 14 calendar days of receipt. Thereafter, the invoice shall be deemed approved, provided there are no obvious errors. The customer’s mandatory statutory rights remain reserved.

11. Changes, Additional Services, and Extra Expenses

Any changes to the scope of services after the contract has been concluded must be coordinated with MCM. MCM will inform the customer of any foreseeable additional costs.

Additional services extended working hours, higher numbers of participants or guests, special requests, last-minute adjustments, waiting times, external procurements, the coordination of third-party providers, and other unforeseeable additional expenses that are not part of the agreed scope of services may be billed separately.

To the extent time permits, MCM will inform the client of the additional effort and the anticipated costs prior to implementation. Implementation generally takes place after approval by the client in writing (e.g., via email or messenger message).

MCM is entitled to bill for such services based on actual time and effort, using agreed hourly or daily rates, or through a reasonable project-based flat fee. The amount of the fee depends in particular on the scope, complexity, urgency, and the organizational and personnel costs associated with the additional service.

Any resulting external, material, transportation, travel, procurement, and other third-party costs will be billed separately.
If prior written approval is not possible due to time constraints, and if the additional service is necessary for the proper execution of the event or is expressly requested by the client, the client’s representative, or a designated on-site contact person, the order shall be deemed to have been placed.

If a change cannot be implemented for organizational, personnel, logistical, or quality-related reasons, MCM is entitled to reject the change.

12. Cancellation by the Customer

The customer must notify MCM of any cancellations in writing.

Unless otherwise agreed in the individual offer, the cancellation fees listed in Appendix A shall serve as the binding basis for billing. The cancellation fees are intended as lump-sum compensation, considering any expenses saved and any potential alternative use of the services.

The customer reserves the right to prove that MCM incurred no damage or significantly lower damage.

13. Cancellation or Postponement by MCM

MCM may cancel or postpone a service if its performance is impossible, unreasonable, or poses a safety concern for good cause. Good cause includes, in particular, illness of key personnel, failure of essential suppliers, force majeure, safety risks, official orders, or non-payment by the customer.

MCM is entitled to cancel or postpone an event or service for good cause (e.g., illness of key personnel, safety risks, force majeure). In such cases, any payments already made by the customer for services not rendered will be refunded. Further claims exist only to the extent that MCM is at fault for the failure; otherwise, the liability provisions under Section 25 apply.

14. Number of Participants, Inventory Planning, and Minimum Purchase Quantities

The customer shall notify MCM of the expected and final number of guests or participants in a timely manner. Unless otherwise agreed, the final number of guests or participants must be provided in writing no later than 7 calendar days before the start of the event or training session.

The most recently confirmed number of guests or participants in writing shall be deemed the binding minimum purchase quantity and must be paid in full regardless of actual attendance.

Subsequent reductions in the number of guests or participants do not entitle the customer to a reduction in the agreed-upon fee, regardless of whether the actual number of participants is below the confirmed number. This applies in particular because personnel, goods, logistics, and capacity planning are based on the confirmed number of guests or participants.

Increases in the number of guests or participants require prior coordination with MCM. MCM will endeavor to provide additional services. However, a claim to implementation exists only to the extent that personnel, goods, infrastructure, and other capacities are available. Additional services will be billed separately.

15. Alcohol, Protection of Minors, and Responsible Service

MCM places great importance on the responsible consumption of alcoholic beverages. The customer is required to inform MCM in advance of any underage guests, special safety requirements, or alcohol-sensitive circumstances.

Alcoholic beverages are served only in accordance with legal requirements, in particular in compliance with federal and cantonal youth protection regulations applicable in Switzerland. MCM is entitled to refuse to serve alcoholic beverages to individuals who are visibly intoxicated, minors, or individuals exhibiting behavior that poses a safety risk.

As the event organizer, the customer remains responsible for the overall event, safety, admission, supervisory duties, and compliance with official regulations, unless these responsibilities have been expressly assumed by MCM.

16. Food, Allergens, and Hygiene

MCM operates in accordance with professional hygiene and quality standards. The customer shall inform MCM in a timely manner of any allergies, food intolerances, special dietary requirements, or guests with specific needs.

MCM complies with the legally mandated information requirements regarding food and allergens within the framework of applicable food safety regulations. MCM may also provide information on allergens and ingredients; however, it assumes no liability for damages resulting from unreported allergies, cross-contamination beyond MCM’s control, or incorrect information provided by third parties.

Food, garnishes, juices, syrups, ice cream, and other consumables are generally not eligible for return or refund after the event has ended, provided they were specifically procured or prepared for the order.

17. Equipment, Bar-Setup and Materials

Equipment, tools, glassware, bar fixtures, decorations, menus, transport boxes, refrigeration units, or any other materials provided by MCM remain the property of MCM or the respective supplier.

The customer is liable for any loss, damage, or improper use of the materials provided by MCM, to the extent that such damage was caused by the customer or their guests. Liability includes, in particular, repair costs or, if repair is not possible or not economically feasible, the replacement value of the affected materials.

MCM may require a deposit or a separate materials agreement for high-value equipment. Breakage, loss, or special cleaning may be billed at cost.

18. Venue and Infrastructure

The customer shall ensure that the event venue is suitable for the agreed-upon services. This includes, in particular, sufficient space, a stable surface, lighting, electricity, water, sewage, cooling, safe access routes, loading zones, parking facilities, and protection from the elements.

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 only perform to a limited extent due to inadequate infrastructure or other circumstances attributable to the customer, the claim for remuneration remains valid. However, MCM will appropriately consider any expenses saved and any alternative use of the freed-up capacity.

19. Staff, Working Hours, and Breaks

The staff’s working hours are specified in the quote. Unless otherwise agreed, working hours include preparation, setup, service, takedown, cleaning of the immediate bar area, and handover.

Extensions are subject to availability and will be billed at cost. Partial hours will be rounded up to the next full hour, unless otherwise specified in the quote.

The customer shall ensure adequate breaks, access to drinking water, safe working conditions, and respectful treatment of the assigned staff. In the event of unreasonable conditions, MCM is entitled to suspend or terminate the service.

20. Academy Terms of Participation

Academy participants are required to follow the coaches’ instructions, particularly when using bar tools, glassware, ice, knives, electrical appliances, hot liquids, or alcohol.

Participation is at the participant’s own risk. Participants must disclose any health restrictions, allergies, or special risks before the start of the course.

In the event of a no-show, late arrival, or early withdrawal by the participant, there is no entitlement to a refund of the course fee, provided that MCM has properly provided the service. The customer is entitled to provide a suitable substitute participant at no additional cost up to 24 hours before the start of the course, unless otherwise agreed. Mandatory legal provisions in favor of consumers remain reserved.

For corporate training, the client is responsible for registering only suitable participants and for clarifying internal guidelines, working hours, insurance, and safety rules with the participants.

21. Consulting Results and Implementation

Consulting deliverables may take the form of meetings, workshops, presentations, concept papers, map structures, recipes, process proposals, training plans, mood boards, checklists, or other working documents.

The client is solely responsible for deciding how to implement the recommendations. MCM is not liable for the client’s business decisions, cost developments, personnel decisions, market reactions, or financial results.

If external factors such as suppliers, employee qualifications, location, budget, approvals, or management decisions are not implemented appropriately, this may affect the effectiveness of the consulting services.

22. Rights of Use for Concepts and Documents

Concepts, training materials, recipes, methods, workflows, presentations, design approaches, cost estimates, checklists, photos, templates, and other work products created by MCM are protected by copyright, trade secret laws, or contract, to the extent permitted by law.

The customer receives only the rights of use necessary for the agreed-upon purpose. Unless expressly agreed otherwise, the customer receives a simple, non-transferable, and non-sublicensable right of use for concepts, documents, recipes, and training materials created by MCM for internal use within their own business. Any use beyond this, in particular disclosure to third parties, publication, reproduction, sale, or training of third parties using these documents, is permitted only with the prior written consent of MCM.

Final deliverables created individually for the customer may be used within the customer’s own business, unless the offer provides otherwise. Raw data, open work files, internal methods, and drafts not yet finally approved remain the property of MCM.

23. Use of Images, Videos, and References

MCM may use the names and logos of corporate clients (B2B), general project information, and anonymized images of setups (without any reference to individuals) as references for its own marketing purposes, unless the client objects in writing. For private customers (natural persons) and when using visual material that depicts identifiable individuals, such material may only be used for marketing purposes with the express consent of the person concerned.

Image and video material from events may only be used if the necessary rights have been obtained. When recording and using image and video material, MCM respects the personal rights of the data subject (Art. 28 of the Swiss Civil Code) as well as data protection regulations. Where necessary, MCM obtains the appropriate consent or clearly indicates on-site that photo/video recordings are being made.

The customer ensures that any image, logo, trademark, or text material provided by them may be used lawfully and indemnifies MCM against any claims by third parties, provided such claims are based on material provided by the customer.

24. Data Protection and Confidentiality

MCM processes personal data in accordance with applicable data protection regulations, particularly the Swiss Federal Act on Data Protection (FADP) as amended from time to time and—where applicable—the EU General Data Protection Regulation (GDPR). Further details are set forth in MCM’s current privacy policy.

The customer agrees that MCM may process data necessary for the performance of the contract, in particular contact data, project data, billing data, participant data, and communication data.

The duty of confidentiality shall continue even after the termination of the contract. Exceptions to this include statutory obligations to disclose information or provide information to authorities or courts. Both parties should treat confidential information, internal company matters, calculations, customer data, recipes, concepts, pricing structures, and non-public project information as confidential.

25. Liability and Insurance

MCM is liable for damages only to the extent required by law and, to the extent permitted by law, only in cases of willful misconduct or gross negligence. In cases of slight negligence, MCM is liable only for breaches of material contractual obligations and only to the extent of foreseeable damages typical for this type of contract.

Liability for indirect damages, consequential damages, lost profits, reputational damage, business interruptions, data loss, or third-party claims is excluded to the extent permitted by law.

The customer is responsible for maintaining adequate event organizer liability insurance, general liability insurance, property insurance, theft insurance, and other necessary insurance policies, unless these have been expressly assumed by MCM.

The foregoing limitations of liability do not apply to personal injury (injury to life, body, or health) or to damages attributable to MCM’s willful misconduct or gross negligence. Mandatory statutory liability provisions, particularly those in favor of consumers, remain unaffected.

MCM shall not be liable for damages caused by guests, participants, other service providers, the event venue, inadequate infrastructure, official intervention, or insufficient cooperation on the part of the customer, provided that MCM is not at fault.

26. Force Majeure

Force majeure refers to events beyond the control of the parties that significantly impede or render impossible the performance of the contract. These include, in particular, natural disasters, severe weather, pandemics, epidemics, government orders, strikes, war, acts of terrorism, power outages, traffic disruptions, delivery failures, security situations, or similar events.

In the event of force majeure, the parties are released from their performance obligations for the duration of the disruption. Force majeure includes, in particular, natural disasters of exceptional intensity, epidemics/pandemics, war, terrorism, significant disruptions to transportation routes, or official orders that make the holding of the event impossible or unreasonable. Services already rendered and verifiable costs incurred by MCM that can no longer be canceled shall be paid by the customer. In such cases, the parties shall make every effort to prioritize a postponement or a mutually agreed-upon solution (e.g., credit).

If the disruption caused by force majeure lasts longer than 60 days or if it is foreseeable that the services cannot be provided at all or can only be provided with an unreasonable delay, both parties are entitled to terminate the contract in writing with immediate effect.

The parties will seek a reasonable solution in good faith, in particular postponement, adjustment of the scope of services, or an alternative date.

27. Communication and Written Form

Legally binding statements such as bookings, changes, cancellations, notices of defects, or the setting of deadlines must be made in writing. Email is sufficient unless a more formal method is required by law. A notification sent by email is deemed to have been received as soon as it is available in the customer’s email inbox. The customer is responsible for notifying MCM of any changes to their contact information.

The customer is obliged to provide current contact information and ensure that communications from MCM can be received.

Project-related arrangements made via messenger, telephone, or in-person meetings are only binding if they are confirmed in writing.

28. Notice of Defects and Acceptance

Obvious defects must be reported to MCM immediately, i.e., during the provision of services or immediately upon their completion.

If such defects are not reported in a timely manner, the services shall be deemed to have been performed in accordance with the contract. Hidden defects must be reported to MCM immediately upon their discovery. The customer’s statutory rights regarding defects remain unaffected to the extent that they are mandatory.

For consulting or conceptual services, a service is deemed accepted if the customer does not report any material defects in writing within 7 calendar days of delivery.

29. Final Provisions

Swiss law applies, excluding conflict-of-laws provisions to the extent permitted by law. For contracts with consumers residing abroad, any mandatory provisions of the law of the country of residence remain reserved to the extent that they are mandatory.

The place of jurisdiction is, to the extent permitted by law, the registered office of MCM. For contracts with consumers, the mandatory jurisdiction provisions of Swiss law apply; in particular, the consumer’s place of residence remains the place of jurisdiction. MCM is entitled to assert claims at the customer’s general place of jurisdiction as well.

Should individual provisions of these General Terms and Conditions be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

We reserve the right to make changes and additions to these Terms and Conditions. The version valid at the time of conclusion of the contract shall apply, unless a newer version is agreed upon.

30. Appendix A - Mandatory Cancellation Policy

The following cancellation fees apply unless otherwise specified in the offer.

A1. Catering and Event-Hospitality

Date of Cancellation

Cancellation Fee

Up to 60 calendar days before the event

25% of the agreed contract amount

59 to 30 calendar days before the event

50 % of the agreed contract amount

29 to 14 calendar days before the event

75 % of the agreed contract amount

13 calendar days or less

100 % of the agreed contract amount

Notwithstanding the cancellation fee set forth above, the customer shall be fully liable for all third-party costs, supplier costs, orders for goods, travel and logistics costs, and third-party expenses that have already been incurred or can no longer be avoided as of the date of cancellation.

A2. Academy and Trainings

Date of Canellation

Cancellation Fee

Up to 21 calendar days before training

25 %

20 to 8 calendar days before training

50 %

17 calendar days or less

100 %

The cancellation fees take into account, in particular, the reservation of trainer time, the preparation of training materials, organizational expenses, and the blocking of the agreed-upon date. Any third-party costs that have already been incurred or can no longer be avoided (in particular, room rental fees, travel and accommodation expenses, and specially procured training materials) will be billed separately. The designation of a substitute participant requires the prior consent of MCM.

A3. Consulting

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.

Early Termination of Consulting Services

If a consulting project is canceled, postponed, or terminated early by the client, all services rendered up to the date of termination must be paid for. This applies in particular to analyses, workshops, concepts, presentations, documentation, project management, and preparatory work.

Any third-party costs already incurred, travel and accommodation expenses, as well as capacities specifically reserved or scheduled for the project, will be billed additionally.

For ongoing consulting contracts (retainers), the contractually agreed terms and notice periods apply. The agreed remuneration remains due until the expiration of these periods.

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