Terms and conditions

General Terms and Conditions (GTC)
for meal provision and the online ordering system
Schwerin Menü GmbH – As at: 01.07.2026

1. Scope, contracting parties and incorporation of the GTC

These General Terms and Conditions apply to all offers, registrations, orders, deliveries and services in connection with meal provision by Schwerin Menü GmbH, Siemensplatz 1, 19057 Schwerin, hereinafter referred to as the "Service Provider".

Customers within the meaning of these GTC are individual customers, persons with parental responsibility, adult meal participants, institutions, sponsoring bodies of institutions, associations, companies, authorities, public offices, political parties as well as other natural or legal persons who make use of the Service Provider's services or commission them for meal participants.

These GTC apply to consumers, entrepreneurs, legal persons under public law and special funds under public law, unless a different agreement has been made in an individual case. Individual agreements take precedence over these GTC.

The GTC are made available to the customer in a reasonable manner prior to conclusion of the contract and can be accessed and saved as part of the registration. By registering, ordering or making use of the services, the customer accepts these GTC, insofar as they have been effectively incorporated into the contractual relationship.

Amendments to these GTC apply to future contract conclusions and orders. For ongoing contractual relationships, amendments only become effective if they are notified to the customer in good time and the statutory requirements are met.

2. Offers and scope of services

Our offers are subject to change unless they are expressly designated as binding. Changes remain reserved until conclusion of the contract.

After conclusion of the contract, changes to the services are only permitted insofar as they are reasonable for the customer, do not impair the essential content of the service or are necessary for objective reasons, in particular due to organisational, dietary, technical, official or delivery-related circumstances.

The scope of services results from the respective agreement with the customer, the institution or the sponsoring body of the institution as well as from the respective valid menu, the orders and the published prices.

3. Registration for meal provision

Participation in meal provision generally requires prior registration.

You can obtain the participation agreements at the respective institution or on request by email.

In future, registration will be switched to an online version.

Registration is intended exclusively for customers whose institution is supplied or catered for by the Service Provider.

Enquiries regarding the provision of plated-meal customers or in the area of "Meals on Wheels" can be submitted by telephone, by email or via the contact form.

Registration does not yet establish any entitlement to supply or participation in meal provision. Provision only takes place after the entered data has been checked and internally processed by the Service Provider.

As part of the registration, the information required for carrying out the meal provision is collected, in particular name, address, institution, contact details including email, meal participant data as well as payment data.

Following successful registration, the customer receives the personal access data for the online ordering system. Insofar as an issuing system with a transponder is used at the respective institution, a transponder is provided at the institution's issuing point or issued in accordance with the respective organisational arrangement.

The customer is obliged to provide complete and correct information upon registration. Changes, in particular to address, email address, telephone number, institution, bank details, care days or benefit approvals, must be notified to the Service Provider without delay.

In the event of a change of institution, in particular a change of day-care centre, the change from the crèche to the day-care centre, the change from the day-care centre to school or a change of school, the conclusion of a new provision agreement may be necessary. Existing agreements apply to the previous institution and are not automatically continued through a change of institution, unless otherwise agreed.

4. Requirement: SEPA direct debit mandate

A requirement for participation in meal provision is the submission or granting of a valid German SEPA direct debit mandate, unless another payment method has been expressly agreed. Without a valid German SEPA direct debit mandate, participation in meal provision may be refused or suspended.

With the SEPA direct debit mandate, the customer authorises the Service Provider to collect due invoice amounts from the specified account. At the same time, the customer instructs their credit institution to honour the direct debits drawn by the Service Provider.

The Service Provider's creditor identification number is: DE25ZZZ00000903559. The mandate reference is communicated to the customer separately or results from the contract or customer data.

The customer is obliged to ensure sufficient account coverage on the respective collection date and to notify any changes to the bank details without delay.

5. Menu, ordering channels and ordering variants

The menu for the following month is generally available for viewing in the online ordering system from the middle of the current month. The Service Provider is entitled to adjust menus for organisational, seasonal, delivery-related or nutritional reasons, insofar as this is reasonable for the customer.

Orders and cancellations can be made via the online ordering system. In addition, orders and cancellations may, insofar as offered by the Service Provider, be made by email, by telephone or by submission in paper form at the respective institution.

For telephone or written cancellations and subsequent registrations, the customer number must always be stated. Without clear allocation, a change may possibly not be taken into account in good time.

6. Ordering period, subsequent orders and cancellations

Orders for pupils are generally placed for one calendar month. To ensure planning reliability, we ask that you order the desired daily menu, where possible, for the entire month in advance.

Orders for the following week can be placed via the online ordering portal, by menu, by email or by telephone. The order must be placed by Wednesday, 12 midnight at the latest, for the respective following calendar week.

For children in day-care institutions, a standing order agreed with the parents or persons with parental responsibility is generally stored in the ordering portal. This applies to the agreed care or meal days and forms the basis for the regular meal provision.

Persons with parental responsibility are obliged to cancel meals that are not required in good time via the ordering portal or an approved cancellation channel. Meals not cancelled or not cancelled on time are deemed to be ordered and are charged. Meal days or meals that have not been agreed or ordered are not taken into account.

Company and private customers as well as customers in senior citizens' institutions generally order on a weekly or monthly basis, unless a different arrangement has been made.

Cancellations for the current day are possible on working days by 8:00 a.m. at the latest. The decisive factor is the timely receipt of the cancellation by the Service Provider or in the online ordering system.

Cancellation channels and deadlines

• Online: on working days by 8:00 a.m. at the latest – cancellation for the current day.
• By telephone: on working days from 6:30 a.m. to 8:00 a.m. at the latest – cancellation for the current day.
• By telephone / organisational matters: on working days from 9:00 a.m. to 3:00 p.m. – subsequent registrations and other matters; new customer registrations from 9:00 a.m. apply from the following day at the earliest.

Cancellations, changes or subsequent orders received after the respective deadline can only be taken into account insofar as this is still organisationally possible. There is no entitlement to consideration of late changes.

Menus or meals not recorded in the advance order but received in accordance with local possibilities are subsequently reported and charged by the issuing staff or institution.

7. Online ordering system

For ordering and cancelling meals, the Service Provider provides an online ordering system. The Service Provider is entitled to adjust, further develop or change the online ordering system at any time visually, technically and organisationally, insofar as this is reasonable for the customer.

The Service Provider endeavours to ensure the availability of the online ordering system as free of disruption as possible. However, availability at all times and without interruption cannot be guaranteed. The Service Provider is entitled to restrict or shut down the online ordering system temporarily, in whole or in part, insofar as technical, organisational, security-related or operational reasons make this necessary.

The availability of the online ordering system may be affected by circumstances over which the Service Provider has no influence. These include, in particular, disruptions at the internet provider, technical problems with the end device used, outdated browsers, maintenance work or other technical circumstances of third parties.

The customer is obliged to use a technically up-to-date browser as well as a suitable internet-capable end device for the use of the online ordering system.

The customer is responsible for the secure use, safekeeping and confidentiality of the access data provided. Passing on the access data to unauthorised third parties is to be avoided. The customer must inform the Service Provider without delay if access data is lost, has become known to third parties or if there is a suspicion of misuse.

When using the online ordering system, third-party costs may arise, in particular connection or data usage costs of the respective internet provider. The Service Provider has no influence on these costs.

In the online ordering system, before submitting orders, the customer is given the opportunity to check and correct entries. Receipt of an online order is confirmed without delay by electronic means.

8. RFID transponder and access data

Insofar as an RFID transponder system is used at an institution, the meal participant or customer receives a transponder on which the customer number is stored.

A one-off fee may be charged for the RFID transponder in accordance with the current price list. In the event of loss or intentional damage, or damage for which the customer is responsible, a new transponder can be applied for subject to a charge. The application can be made informally by email or online via our homepage.

The RFID transponder is not transferable to other persons. In the event of loss, the customer is liable for any misuse for which they are responsible up to the point in time at which the Service Provider was able to arrange a blocking on the basis of the loss report.

In the event of passing on personal access data or passwords and subsequent misuse, the customer is liable insofar as they are responsible for the passing on or the misuse.

9. Prices, price changes and due date

The basis for billing is the respective valid price list of the Service Provider or the pricing arrangement agreed with the respective institution or the respective contracting party. The price list can be viewed at the Service Provider or is provided in a suitable manner (ordering portal).

The Service Provider reserves the right to make price adjustments subject to observing an announcement period of four calendar weeks. Price changes may become necessary in particular due to changed food, energy, personnel, transport, levy or other operating costs.

The announcement of price changes is made in digital form, in particular as a supplement to the monthly invoice, as a separate information sheet, as an appendix to the menu of the preceding month or via the online ordering system. Decisive for the start of the announcement period is the date of issue or publication of the price information.

Upon a price change taking effect, deviating special prices and individual arrangements lose their validity, insofar as no new agreement is made.

For end consumers, the statutory value added tax is a component of the price, even if it is not shown separately.

Invoices are due within 10 days of the invoice date without deduction, unless a different payment arrangement has been agreed.

10. Billing and invoice dispatch

The billing of meals ordered or not cancelled on time is generally carried out monthly.

For meal participants in schools and day-care centres, billing is carried out cashlessly by SEPA direct debit on the basis of the mandate granted. Billing can be carried out, depending on the agreement, for the current or the past month.

The invoice is made available digitally by the 3rd working day of the new month. The bank collection is regularly carried out by the 5th working day or in accordance with the collection date agreed with the customer, taking into account any credit notes.

If the customer wishes for a different debit date, only one of the following dates can be chosen: the 10th, 15th or 20th of the month. Other debit dates are not possible. The desired date is to be notified to the Service Provider as part of the registration or in the additional information and only applies after confirmation or storage in the system.

The invoice also serves as SEPA pre-notification, insofar as it contains the amount and the due date of the direct debit collection. The customer agrees that the deadline for the pre-notification is shortened to one calendar day before the due date, unless a different statutory or bank-side requirement applies.

The email address provided is used for invoicing, reminders/payment reminders, order confirmations, the dispatch of access data as well as necessary information regarding meal provision.

If no email address is provided or if email dispatch is not possible for reasons for which the customer is responsible, the monthly invoice can be delivered by post or via the respective issuing point. A postage and processing fee may be charged for this in accordance with the current price list.

For the reprint of invoices already received or delivered, a fee of €5.00 per month may be charged.

11. Billing for "Meals on Wheels"

Within the scope of the provision service "Meals on Wheels", billing is carried out by monthly invoicing. Settlement of the invoice amounts is permitted exclusively in cashless payment transactions, unless expressly agreed otherwise.

Upon granting a SEPA direct debit mandate, collection is carried out according to a temporal agreement. Orders already placed in the area of "Meals on Wheels" can be cancelled to the next working day without observing a longer deadline, insofar as the cancellation is received by the Service Provider in good time and can still be taken into account organisationally.

Thermal boxes not returned are invoiced upon withdrawal or loss.

12. Direct debit returns, payment default and reminder procedure

If direct debit returns arise due to incorrect information, lack of account coverage, unjustified objection or for other reasons for which the customer is responsible, the Service Provider can pass on the resulting bank fees as well as reasonable processing costs.

If the customer is in default with a payment or if a charge-back occurs through the customer's bank, the Service Provider can initiate the reminder procedure. For each reminder, an additional reminder fee of €5.00 may be charged, unless the customer proves that no damage or substantially less damage has arisen.

After delivery of the second reminder or in the event of a payment arrears of two monthly invoices, the Service Provider is entitled to temporarily suspend the meal provision ("delivery pause") until the outstanding amounts have been settled. Claims already arisen remain unaffected by this.

Should the impression of regular payment unreliability arise, the Service Provider reserves the right to switch the invoice type to advance invoice.

Insofar as legally permissible, the Service Provider can transmit outstanding claims to lawyers, debt collection service providers or credit agencies, e.g. SCHUFA, if the requirements for this are met and the data protection information obligations are observed.

For customers, legal representatives, persons with parental responsibility or persons with the right of custody against whom outstanding claims from earlier business relationships exist, the conclusion of a renewed agreement can be made dependent on the full settlement of these arrears.

This also applies if further associated children are registered for catering by the same persons liable for payment. Outstanding claims from existing or earlier catering relationships must, in this case, first be settled before the conclusion or continuation of further agreements.

In addition, the Service Provider is entitled to demand a reasonable advance payment or the maintenance of a credit account. The credit serves as security and for offsetting future meal orders.

The provision of paid-in amounts is generally carried out within two banking business days.

After termination of participation, a remaining credit is refunded, insofar as no outstanding claims exist against the customer, legal representative, person with parental responsibility or person with the right of custody. The credit does not bear interest.

13. Support services: education and participation as well as day-care support

If the customer receives benefits from the education and participation package (BuT) or support or assistance under the Day-Care Support Act or a comparable public regulation, a copy of all pages of the current approval notice must be submitted to the Service Provider.

Financial consideration of the support is only carried out from the receipt of the complete and valid approval notice by the Service Provider and only for the approval period stated in the notice. The applicant is responsible for the timely and ongoing submission of approvals and continued approvals.

If no valid approval notice is available or if the approval period ends, the meals are charged regularly until the submission of a valid continued approval. For catering services provided before submission of the notice, the full cost rate must initially be paid.

Credit notes resulting from the dating of the approval notice are refunded after review or offset against future claims.

14. Delivery, performance disruptions, complaints and objections

Insofar as delivery times have not been expressly agreed as binding, these are approximate times. Decisive for compliance with a delivery deadline is the point in time of handover at the agreed delivery or issuing point.

The customer is obliged to carry out the cooperative actions required for the provision of the service in good time. If required information, orders, approvals or organisational cooperation are not provided in good time, this can lead to the non-performance or cancellation of the service in question.

Delays or performance failures due to force majeure, official measures, strikes, operational disruptions, supply shortages, energy failures, traffic disruptions, exceptional weather events or other circumstances for which the Service Provider is not responsible release the Service Provider from the obligation to perform for the duration of the disruption and to the extent of its effects. The customer's statutory rights remain unaffected.

Short-term performance failures that occur after 8:00 a.m. on the respective delivery day and for which the Service Provider is not responsible do not release from the obligation to pay for meals already ordered.

This applies in particular to short-term school or institution closures, e.g. due to a burst pipe, technical disruptions, official orders or comparable events, insofar as the meals have already been scheduled, produced or delivered.

In the event of incorrect deliveries or defects, the Service Provider must be given the opportunity for inspection and, insofar as possible and reasonable, for subsequent delivery or subsequent performance within a reasonable period.

Complaints and objections must be notified on the delivery day by 3:00 p.m. at the latest. Later objections can only be taken into account if an inspection of the alleged defect is still possible.

15. Termination and ending of participation

Individual customers in the area of "Meals on Wheels" can cancel orders already placed to the next working day without observing a longer deadline, insofar as the cancellation is received in good time and can still be taken into account organisationally.

Individual customers or persons with parental responsibility in the area of pupil and day-care centre provision can terminate existing provision agreements with a period of 14 calendar days to the end of the month in text form, e.g. by email.

The right to termination without notice for good cause remains unaffected. Good cause exists in particular if the continuation of the contract, taking into account all circumstances of the individual case, is no longer reasonable for one contracting party.

The termination of provision and service contracts with institutions, sponsoring bodies of institutions, associations, companies, public offices, authorities or other legal persons is governed by the respective contractually agreed notice period. Insofar as no different notice period has been agreed, termination of the contractual relationship is possible with a period of six months to the end of the respective calendar year.

If the client or sponsoring body terminates the contractual relationship, the Service Provider is entitled to assign still outstanding claims from the catering against the respective customers, persons with the right of custody or other persons liable for payment to the client.

The client accepts the assignment of these claims and settles the assigned outstanding claims without delay towards the Service Provider, insofar as these have arisen from the catering that is the subject of the contract and are outstanding at the time of the ending of the contract.

The assertion of the assigned claims against the respective customers, persons with the right of custody or persons liable for payment is incumbent upon the client after the assignment has been made.

An extraordinary right of termination does not exist solely on the basis of market-standard or duly announced price changes, insofar as the continuation of the contract remains reasonable for the customer and no mandatory statutory rights conflict with it.

Meals not cancelled on time remain subject to payment even in the event of a termination.

16. Data protection and use of contact data

The Service Provider processes personal data only insofar as this is necessary for registration, ordering, cancellation, billing, payment processing, provision of the online ordering system, issuing of meals, customer communication, contract performance or for the fulfilment of statutory obligations.

Personal data is not passed on to third parties for advertising purposes. A transmission of personal data to third parties only takes place insofar as this is necessary for contract performance, payment processing, technical provision of the online ordering system, enforcement of claims or on the basis of statutory obligations.

Within the scope of the use of the online ordering system, technical data, in particular IP address, time of registration, time of ordering, user identification and technical log data may be processed and stored, insofar as this is necessary for the technical provision, traceability of orders, billing, misuse prevention, IT security or fulfilment of statutory obligations.

Further information on the processing of personal data, on legal bases, storage duration, recipients, data subject rights as well as on the contact details of the responsible body and, where applicable, the data protection officer results from the Service Provider's data protection declaration at www.schwerin-menue.de.

17. Deactivation, archiving and deletion of customer data

If a customer is inactive over a period of 6 calendar months and does not place any meal order, the Service Provider can deactivate, archive or delete the customer account, insofar as no statutory retention obligations, outstanding claims or legitimate interests of the Service Provider conflict with it.

The deletion or restriction of the processing of personal data is governed by the statutory data protection regulations and the Service Provider's data protection declaration.

18. Ancillary agreements, text form and precedence of individual agreements

Ancillary agreements only exist if they have been expressly agreed. Amendments and additions to these GTC or individual contractual conditions require at least text form, unless a stricter form is prescribed by law.

Individual agreements between the Service Provider and the customer take precedence over these GTC. This also applies if they do not comply with the aforementioned form, insofar as legally permissible.

19. Applicable law and place of jurisdiction

If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for disputes arising from or in connection with the contractual relationship is the registered office of the Service Provider. The Service Provider remains entitled to bring an action at the customer's general place of jurisdiction as well.

Towards consumers, the place of jurisdiction is Schwerin.

20. Severability clause

Should individual provisions of these GTC be or become wholly or partly invalid or not be effectively incorporated into the contract, the effectiveness of the contract remains otherwise unaffected. The statutory provisions take the place of the invalid or non-incorporated provision.