Contract for the provision of food services. Contract for the provision of catering services

The document form “Approximate form of an agreement for the provision of catering services for workers (employees)” belongs to the heading “Agreement for the provision of services, outstaffing”. Save the link to the document on social networks or download it to your computer.

Contract for services

catering for workers

(employees)

________________________ "___" __________________ 20___

__________________________________________________________________,

(position, full name)

hereinafter referred to as the “Customer”, and _____________________________________

(full name of organization)

________________________________________________________________________,

represented by _________________________________________________________________,

(position, full name)

acting on the basis ______________________________________________,

(Charter, regulations, power of attorney)

hereinafter referred to as the “Contractor”, and together referred to as the “Parties”,

have entered into an agreement as follows:

1. The Subject of the Agreement

1.1. Under this agreement, for the purposes of centralized organization

meals for the Customer’s workers (employees) during their lunch break,

established by the Internal Labor Regulations, Contractor

undertakes to provide services to provide workers (employees)

Customer's food.

1.2. The customer undertakes to pay for these services

on the terms provided for in this agreement, and also provide

Premises corresponding to the design and contents of the contractor

current sanitary standards and regulations for food preparation and

issuance to the Customer's workers (employees).

2. Obligations of the Parties to the agreement

2.1. The customer is obliged:

Accept the services provided by the Contractor stipulated by this agreement

services, pay for them in the manner prescribed by the contract;

Create the necessary conditions to ensure full provision

services provided and their completion on time;

Provide to the Contractor's employees for the duration of the contract

a workplace equipped with the necessary equipment;

Provide assistance to the Contractor in fulfilling his accepted

obligations;

Submit requests for the number of lunches for the next ________________

(specify period)

not later _____________________________________________________________.

2.2. The performer is obliged:

Provide the services stipulated by this agreement;

Organize the preparation and distribution of food to workers (employees)

Customer in accordance with current sanitary and hygienic standards

Ensure the confidentiality of information received for the purpose of

proper fulfillment of obligations under this agreement;

Carry out all possible necessary measures for the most

effective fulfillment of accepted obligations;

Provide the Customer with a written

progress report.

3. Cost of services and payment procedure

3.1. The cost of services is:

Rubles (_______________ rubles for ________________).;

3.2. Payment for services is made ___________________________________,

no later than _____________________________________________________, according to

issued invoices.

4. Responsibility of the Parties

4.1. For failure to fulfill or improper fulfillment of obligations under

contract for the provision of catering services Customer and Contractor

bear liability to the extent of direct actual damage,

caused by non-fulfillment or improper fulfillment of their

obligations under the contract.

4.2. The performer bears property liability:

For damage caused to the Customer’s property by failure to perform or

improper fulfillment of obligations;

For damage caused by the Contractor’s specialists.

4.3. The performer is released from liability:

For damage arising from the Customer’s failure to comply with the

contract of obligations;

For damage caused by force majeure.

4.4. In case of violation of payment terms due to the fault of the Customer, the Customer

pays the Contractor a penalty in the amount of ______% of the total amount

debt.

4.5. In case of poisoning with low-quality products,

prepared by the Contractor (with proper confirmation

corresponding conclusion), the Contractor compensates for the damage caused

health of the Customer's workers (employees).

5. Dispute resolution procedure

5.1. The parties will take all measures to resolve

arising disputes and disagreements through negotiations.

5.2. If mutual understanding is not reached, the dispute is referred for resolution

arbitration court, according to the current jurisdiction.

6. Duration of the contract

6.1. This agreement is valid from "___" ___________ 20__. By "___"

20__

6.2.If neither Party thirty days before the end of the contract,

does not declare its termination, then its validity is extended for the same

7. Other conditions

7.1. By agreement of the Parties to this agreement, the Contractor may

additional types of services may be accepted for performance.

7.2. Changes and additions to the agreement are made in writing

form and signed by the Parties.

7.3. This agreement has been drawn up in two copies, one for each

each Party having equal legal force.

7.4. On issues not reflected in the agreement, the Parties

are guided by current legislation.

8. Details and signatures of the Parties

Customer executive

(name of organization) (name of organization)

_________________________________ __________________________________

(address) (address)

_________________________________ __________________________________

(phone\fax) (phone\fax)

_________________________________ __________________________________

(TIN\KPP) (TIN\KPP)

_________________________________ __________________________________

(current account) (current account)

_________________________________ __________________________________

(name of bank) (name of bank)

_________________________________ __________________________________

(correspondent account) (correspondent account)

_________________________________ __________________________________

(job title) (job title)

_________________________________ __________________________________

(signature) (signature)

View the document in the gallery:

It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.
Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.
Gossip in the workplace is quite commonplace, and not only among women, as is commonly believed.
We suggest you familiarize yourself with anti-tips that will tell you how not to talk to your boss as an office worker.

Document information:

Attached file:

The form was prepared using legal acts as of June 28, 2010.

AGREEMENT N ____
for the provision of catering services for employees
(outsourcing agreement)
g. _____________ "___"___________ ___ g.
____________________, hereinafter referred 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" , have entered into this Agreement as follows.
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the Contractor undertakes 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 canteen activities that ensure high quality food preparation and high service standards for the Customer’s employees.
1.2.2. Timely provision of the canteen with food products necessary for the production, 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 quality products when cooking.
1.2.6. Providing food for the Customer's employees during the periods specified in Appendix No. 1 to this Agreement.
1.2.7. Ensuring that the Contractor's employees comply with personal hygiene rules 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. Provide the Customer with the services provided for in clause 1.2 of this Agreement with 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 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 Contract.
2.2. The customer undertakes:
2.2.1. Provide the Contractor with premises for organizing a canteen with equipment for cooking.
2.2.2. Inform the Contractor daily about the planned number of employees eating in the canteen.
2.2.3. Pay for the Contractor's services in the manner, terms and conditions 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 thereof at least ____________________, subject to compensation for losses to the Customer.
2.4. The customer has the right:
2.4.1. Monitor the progress of execution of this Agreement without interfering with the activities of the Contractor.
2.4.2. Refuse to execute this Agreement by notifying the Contractor at least _______________ in advance, subject to payment to the Contractor of the price of the services actually rendered.
2.5. The Parties undertake to keep confidential commercial, financial and other confidential information received from the other Party during the execution of this Agreement.
3. PROCEDURE FOR EXECUTION OF THE AGREEMENT
3.1. No later than the ______________ day of the month following the reporting month, the Contractor draws up and submits to the Customer a service provision report containing information on the volume and price of services provided.
3.2. The Customer reviews and signs the service provision certificate within _________ days from the date of its receipt from the Contractor.
If there are deficiencies in the services provided by the Contractor, the Customer indicates this in the report. If the shortcomings committed 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 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 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 established by the Customer (subclause 3.4.1 of this Agreement), the Customer has the right to refuse to fulfill this Agreement and demand compensation for losses.
4. CONTRACT PRICE 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 moment the Parties sign the act of 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 Contractor's bank account using the details specified in Section 8 of this Agreement.
4.4. The payment date is considered to be the date the funds are credited to the Contractor's current account.
4.5. Expenses associated with the execution of this Agreement, including expenses for the purchase of food products, are borne by the Contractor at the expense of the price of services due to him.
5. RESPONSIBILITY 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 the Customer with a requirement to pay a penalty in the amount of ________% of the amount not paid on time for each day of delay.
5.2. If the Contractor violates any of the obligations listed in clause 1.2 of this Agreement, the Customer has the right to demand the Contractor to pay a fine in the amount of _________ (_____________) rubles for each violation.
5.3. For failure to fulfill or improper fulfillment of other obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
6. PROCEDURE FOR CONSIDERATION 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 resolved during the negotiation process, they are subject to consideration in the Arbitration Court __________________________.
7. OTHER CONDITIONS
7.1. The validity period of this Agreement is from "___"_________ ___ to "___"__________ ___.
7.2. This Agreement may be terminated early 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 the end of its validity period, this Agreement is considered extended 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. All additional agreements of the Parties, acts and annexes to this Agreement, signed by the Parties when executing this Agreement, are an integral part of it.
7.6. This Agreement is drawn up in two copies having equal legal force, one for each of the Parties.
8. ADDRESSES AND DETAILS OF THE PARTIES
Customer: ______________________________________________________________

________________________________________________________________
Performer: ___________________________________________________
________________________________________________________________
________________________________________________________________
SIGNATURES OF THE PARTIES
Customer executive:
___________________________ __________________________
M.P. M.P.

The content of a contract for the provision of paid services represents the totality of civil rights and obligations of its participants. 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 is intangible services. Sitdikova L.B. Normative model of a contract for the provision of services for a fee // Russian Judge. - 2008. - No. 1. - P. 32 - 34. Under a contract for the provision of paid services, 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. clause 1 art. 779 Civil Code of the Russian Federation (part two) dated January 26, 1996 N 14-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 22, 1995) (as amended on July 17, 2009, amended on May 8, 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 paid services:

consensual;

bilaterally binding;

compensated. Nakushnova E.V. Place of obligations for paid services in the system of civil contracts // Lawyer. - 2007. - No. 6. - P. 51 - 52.

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

Rules for the provision of public catering services Approved by Decree of the Government of the Russian Federation No. 1036 of August 15, 1997, as amended. Decrees of the Government of the Russian Federation No. 389 of May 21, 2001 // ConsultantPlus (hereinafter referred to as the Rules) regulate the relationship between a legal entity or individual entrepreneur providing catering services and consumers. Their purpose: they determine the procedure for the provision of public catering services for all types of public catering establishments, rights and obligations.

The parties to the contract for the provision of paid public catering services are: the service provider (provider) and the service recipient (customer). Legislative 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 exercise of state control (supervision) and municipal control” Federal Law of December 26, 2008 N 294-FZ (as amended on April 26, 2010) “On the protection rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 19, 2008) // Rossiyskaya Gazeta. 12/30/2008. No. 266. were required to obtain a sanitary and epidemiological conclusion from Rospotrebnadzor before starting the activity; at the moment, in accordance with the above federal law, it is enough to send a notification about the start of the activity;

The sale of alcoholic beverages in a restaurant 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 the establishment. The following are necessary: 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 dance floor, a banquet hall, separate rooms, an air conditioning system, luxury furniture, porcelain and earthenware, blown glass crystal dishes, linen napkins, etc. .

A catering service in a restaurant is a service whose goal is the desired materialized result (individualized), which is achieved through the efforts of two parties:

provision of services;

service consumption.

The price of services is determined by the service provider and presented by him in the form of price lists or menus. Payment is made within the terms and in the manner specified in the contract (clause 1 of Article 781 of the Civil Code). The duration of the service is determined by the parties.

The content of the agreement 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 terms specified in the agreement Nakushnova E.V. Place of obligations for paid services in the system of civil contracts // Lawyer. - 2007. - No. 6. - P. 51 - 52. . The risk of non-fulfillment of the contract lies with the service recipient (Sample Agreement in Appendix 1).

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

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

Actual expenses incurred by the service provider in the case where 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 fulfill the contract is possible if:

The customer will pay the contractor the actual expenses incurred by him;

The Contractor will fully compensate the customer for losses (clause 2 of Article 782 of the Civil Code). The concept of “catering service in a restaurant” is complex and includes such concepts as “food” and “entertainment”.

The contract for the provision of public catering services is a mixed contract, having characteristics of both a contract for the provision of services for a fee and a contract.

There are several points to consider. 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 the legislation on the protection of consumer rights (if the contract is concluded with an individual), and on the other, to take into account one’s own interests.

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

The presence of essential terms of the contract is mandatory due to the requirements established by paragraph 1 of Art. 422 and paragraph 1 of Art. 432 Civil Code of the Russian Federation Civil Code of the Russian Federation (part one) dated 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, amended on May 8, 2010) // Russian newspaper. 12/08/1994. No. 239-239.. In addition, you must strictly comply with the requirements of the legislation on the protection of consumer rights (if the counterparty is a citizen - an individual). Andreev Yu. Civil contracts for the provision of services for a fee (Chapter 39 of the Civil Code of the Russian Federation) // Economy and Law. - 2006. - No. 1. - P. 119 - 128.

The absence of one of the essential (mandatory) terms of the contract should be considered a violation of the consumer’s right to information, which may determine the composition of the administrative offense provided for in Part 1 of Art. 14.8 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) // Russian newspaper. 12/31/2001. No. 256.

The absence of a general price for a 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 may be qualified as an administrative offense under Part 1 of Art. 14.8 Code of Administrative Offenses of the Russian Federation.

A certain problem in law enforcement and judicial practice is the issue of unilateral refusal to fulfill 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 dated 02/07/1992 N 2300-1 (as amended on November 23, 2009) “On the Protection of Consumer Rights” (as amended and additionally entered into force on 01/01/2010) / / Russian newspaper. 01/09/1996. No. 8. The customer has the right to refuse to fulfill the contract at any time, subject to payment to the contractor for the actual expenses 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 Art. 15 Civil Code of the Russian Federation. Sitdikova L.B. Normative model of a contract for the provision of services for a fee // Russian Judge. - 2008. - No. 1. - P. 32 - 34.

The 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 the money received for the provision of entertainment services is actually spent in full, but does not actually participate in the sale of this type of service, i.e. e. an entertainment program is being formed, the necessary equipment and food are purchased, staff are recruited, etc.

When resolving disputes with contractors of public catering organizations - legal entities sending their employees, you should pay more attention to the regulatory content of the current legislation and clarifications 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 a contract for the provision of services for a fee, subject to payment to the contractor for 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 of the 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 some 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 fulfill the contract for the provision of paid services (clause 1 of 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 incurred for those not yet provided until the moment of the customer’s unilateral refusal to fulfill the contract of services .

Hence the conclusion: a public catering organization is obliged to return funds to a legal entity (the enterprise where the customer works) only if this amount exceeds the amount of expenses actually incurred by the restaurant to create 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 one hundred percent prepayment for services rendered, which will reduce unnecessary financial and property risks.

The analyzed clarifications of the Supreme Arbitration Court of the Russian Federation are also applicable to contracts for the provision of public 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 of claim, and not the unconditional basis for unilateral termination of the contract by the customer.

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

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

The consumer has the right to refuse the service he has ordered at any time, subject to payment to the contractor for the actual expenses incurred in connection 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” // Russian newspaper. 08/27/1997. No. 165. To do this, the 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 provide irrefutable facts in favor of the circumstances to which he refers as the basis for his claims and objections. When filing a claim in court to recover damages, the plaintiff must prove the fact of harm (the amount of damages), as well as the causal connection between the action of the causer and the harm that occurred. It will be very difficult to do this for dishes prepared from the main menu. Based on this, in order for an enterprise to be able to prove its actual expenses for organizing a banquet, firstly, an agreement is required, and secondly, in the annex to the agreement it is advisable to describe in detail how much and what products will be purchased for it. If subsequently the enterprise is unable to sell these products, in court it will be possible to present an agreement, 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 (show that the enterprise will not be able to consume this amount of products before they will expire). In the event that the products were sold only at a price lower than the purchase price, the 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 of penalties in the contract in case of client refusal is illegal. The contract for the provision of public catering services, by its legal nature, is a contract for the provision of paid services. A feature of such an agreement is that, by virtue of clause 1 of Art. 782 of the Civil Code of the Russian Federation, its parties are given the right to unilaterally refuse to execute a transaction: the customer has the right to refuse to execute a contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him.

Civil legislation does not link the customer’s right to refuse to fulfill a contract for the provision of services for a fee with the occurrence of certain circumstances; for refusal, the lack of further desire to fulfill the transaction is sufficient. Such an agreement by virtue of clause 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 method of securing an obligation, which is a form of property liability for its violation. The customer, exercising the right to unilateral refusal granted to him by law, acts lawfully and, therefore, is not a person who has culpably violated the obligation, which excludes the possibility of bringing him to justice under Art. 330 SCRF. Based on this, the procedure for terminating a contract for the provision of paid services, which contains a requirement to pay a penalty, is void on the basis of Art. 168 of the Civil Code of the Russian Federation as contrary to paragraph 1 of Art. 782, Art. 330 Civil Code of the Russian Federation. In turn, the court reminds that the executor can exercise his right to reimbursement of expenses actually incurred.

As for the concepts of prepayment and deposit, the Civil Code of the Russian Federation, Art. 380, paragraph 1 states: “A deposit is recognized as a sum of money given by one of the contracting parties in payment of payments due from it under the contract to the other party, as proof of the conclusion of the contract and to ensure its execution.” Prepayment, according to the Modern Economic Dictionary, is “preliminary and partial payment for goods and services against the total amount of 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. - P. 382. And the issue of compensation for costs and losses incurred depends primarily not on the term, but on a correctly drawn up agreement, which clearly states the responsibilities of the parties.

The restaurant is obliged to provide the service to any consumer who contacts it with the intention of ordering the service, on the terms agreed upon 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, a commercial organization’s refusal to conclude a public contract if it has the opportunity to provide the corresponding services is not allowed, according to clause 3 of Art. 426 of the Civil Code of the Russian Federation. Thus, the consumer is required to be allowed into the restaurant, regardless of “face control” and “dress code”, with the exception of the inability to provide a service, i.e. lack of free places; holding a “corporate party”, subject to an announcement that the restaurant is closed for special services; lack of water, electricity.

Example #1

AGREEMENT

for food

1. THE SUBJECT OF THE AGREEMENT

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.2. The customer undertakes:

2.3. The performer has the right:

2.4. The customer has the right:

3. PROCEDURE FOR EXECUTION OF THE AGREEMENT

4. CONTRACT PRICE AND PAYMENT PROCEDURE

5. RESPONSIBILITY OF THE PARTIES

6. PROCEDURE FOR CONSIDERATION OF DISPUTES

7. OTHER CONDITIONS

8. ADDRESSES AND DETAILS OF THE PARTIES

9. SIGNATURES OF THE PARTIES

Example No. 2

AGREEMENT

food services

________________________ ___ ___________ 20___

We refer to__ hereinafter 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”, have concluded this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Contractor undertakes 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 canteen activities that ensure high quality food preparation and high service standards for the Customer’s employees.

1.2.2. Timely provision of the canteen with food products necessary for the production, 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 quality products when cooking.

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

1.2.7. Ensuring that the Contractor's employees comply with personal hygiene rules 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. Provide the Customer with the services provided for in clause 1.2 of this Agreement with 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 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 Contract.

2.2. The customer undertakes:

2.2.1. Provide the Contractor with premises for organizing a canteen with equipment for cooking.

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

2.2.3. Pay for the Contractor's services in the manner, terms and conditions 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 at least _________________ in advance, subject to compensation for losses to the Customer.

2.4. The customer has the right:

2.4.1. Monitor the progress of execution of this Agreement without interfering with the activities of the Contractor.

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

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

3. PROCEDURE FOR EXECUTION OF THE AGREEMENT

3.1. No later than the ______________ day of the month following the reporting month, the Contractor draws up and submits to the Customer a service provision report containing information on the volume and price of services provided.

3.2. The Customer reviews and signs the service provision certificate within _________ days from the date of its receipt from the Contractor.
If there are deficiencies in the services provided by the Contractor, the Customer indicates this in the report. If the shortcomings committed 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 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 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 established by the Customer (subclause 3.4.1 of this Agreement), the Customer has the right to refuse to fulfill this Agreement and demand compensation for losses.

4. CONTRACT PRICE 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 moment the Parties sign the act of 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 Contractor's bank account using the details specified in Section 8 of this Agreement.

4.4. The payment date is considered to be the date the funds are credited to the Contractor's current account.

4.5. Expenses associated with the execution of this Agreement, including expenses for the purchase of food products, are borne by the Contractor at the expense of the price of services due to him.

5. RESPONSIBILITY 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 the Customer with a requirement to pay a penalty in the amount of ________% of the amount not paid on time for each day of delay.

5.2. If the Contractor violates any of the obligations listed in clause 1.2 of this Agreement, the Customer has the right to demand the Contractor to pay a fine in the amount of _________ (_____________) rubles for each violation.

5.3. For failure to fulfill or improper fulfillment of other obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

6. PROCEDURE FOR CONSIDERATION 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 resolved during the negotiation process, they are subject to consideration in the Arbitration Court __________________________.

7. OTHER CONDITIONS

7.1. The validity period of this Agreement is from “___”_________ ___ to “___”__________ ___.

7.2. This Agreement may be terminated early 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 the end of its validity period, this Agreement is considered extended 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. All additional agreements of the Parties, acts and annexes to this Agreement, signed by the Parties when executing this Agreement, are an integral part of it.

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

8. ADDRESSES AND DETAILS OF THE PARTIES

9. SIGNATURES OF THE PARTIES

Example No. 3

Contract for paid services

Tolyatti "___" __________ 20__

Federal State Budgetary Educational Institution of Higher Professional Education "Tolyatti State University", hereinafter referred to as " Customer", represented by the rector M.M. Krishtal, acting on the basis of the Charter, on the one hand,

___________________________________________________________________________________________________________________________________________________________________________________________ , hereinafter referred to as " Executor", represented by _______________________________________ __________________________, acting on the basis of _______________________________________, on the other hand, have entered into this agreement as follows:

1. The Subject of the Agreement

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

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

1.2.1. Catering for the Customer's representatives, ensuring high quality food preparation and high service standards, in accordance with the menu agreed by the Customer. Specific terms for the provision of services and the number of Customer representatives are determined in the Customer’s applications drawn up in accordance with Appendix 1 to the contract.

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

1.2.3. Using quality products when cooking.

1.2.4. Ensuring that the Contractor's employees comply with personal hygiene rules when providing services under this Agreement.

1.2.5. Providing the Customer's representatives with comfortable food conditions.

1.3. Services under this Agreement are provided by the Contractor at the following address: _______________________________________________________________________________.

1.4. Services are provided during the entire term of the contract based on individual requests from the Customer. Applications are submitted to the Contractor no later than 14 calendar days before the planned date for the provision of services in writing or by telephone (by agreement of the Parties).

2. Rights and Obligations of the parties

2.1. The Contractor undertakes:

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

2.2. The customer undertakes:

2.2.1. Pay for the Contractor's services in the manner, terms and conditions 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 about this at least 10 calendar days before the established deadlines for the provision of services, subject to compensation for losses to the Customer.

2.4. The customer has the right:

2.4.1. Monitor the progress of execution of this Agreement without interfering with the activities of the Contractor.

2.4.2. Refuse to execute this Agreement by notifying the Contractor about this at least 10 calendar days before the established deadlines for the provision of services, subject to payment to the Contractor for the price of the services actually rendered.

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

3. Procedure for execution of the contract

3.1. Upon provision of services for each specific request of the Customer The Contractor draws up and submits to the Customer an act of provision of services containing information on the volume and price of services provided.

3.2. The Customer reviews and signs the service provision certificate within 5 working days from the date of its receipt from the Contractor.

If there are deficiencies in the services provided by the Contractor, the Customer indicates this in the report. If the shortcomings committed 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 elimination of deficiencies within a reasonable time.

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

4. Contract price and payment procedure

4.1. The price of services provided by the Contractor under this Agreement is determined based on the cost of services for each specific application of the Customer and cannot exceed 100,000 rubles, including VAT, for the agreement as a whole.

4.2. The price of services for each application is paid by the Customer to the Contractor within 30 working days from the moment the Parties sign the act of 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 Contractor's bank account using the details specified in Section 8 of this Agreement.

4.4. The payment date is considered to be the date the funds are credited to the Contractor's current account.

5. Responsibility of the parties

5.1. For failure to fulfill or improper fulfillment of other obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

6. Procedure for resolving 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 resolved during the negotiation process, they are subject to consideration in the Arbitration Court of the Samara Region.

7. Other conditions

7.1. The validity period of this Agreement is from ________________ to __________________.

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

7.3. 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.

7.4. All additional agreements of the Parties, acts and annexes to this Agreement, signed by the Parties when executing this Agreement, are an integral part of it.

7.5. This Agreement is drawn up in two copies having equal legal force, one for each of the Parties.

Addresses and bank details of the parties

Contract for the provision of catering services

_____________ "____"____________2011

Hereinafter referred to as the “Customer”, represented by __________________________________________ - acting on the basis of _________________ on the one hand, and

Open Joint Stock Company ________, hereinafter referred to as the “Contractor”, represented by ___________, acting on the basis of the Charter, on the other hand (hereinafter referred to as the “Parties”), have entered into this agreement (hereinafter referred to as the “Agreement”) as follows:

1. The Subject of the Agreement

1.1. Under this agreement, the Contractor undertakes to provide the Customer with catering services for serving the Customer’s events and guests in the Hall of Officials and Delegations __________, located at the address: ______________, and the Customer agrees to pay for these services.

2. Rights and Obligations of the parties

2.1. The Contractor undertakes:

2.1.1. At the request of the Customer, organize servicing of events in the Hall of Officials and Delegations “________” around the clock.

2.1.2. Ensure high quality food preparation in the required assortment and quantity, and a high level of service.

2.1.3. When preparing and storing food, follow the sanitary standards established in the Russian Federation.

2.1.4. Ensure the provision of public catering services by its employees (employees) who have the appropriate education, qualifications, medical records and work experience.

2.1.5. After servicing each event, provide the Customer with a Certificate of Services Rendered.

2.1.6. Inform the Customer in writing about changes in the cost of food at least 15 days before the new prices come into effect.

New prices come into force after 15 days from the date the Customer receives the Contractor’s notification about the change in the cost of food, or on another later date specified by the Contractor in the notification.

Food services provided under Requests received from the Customer after the new prices came into force are paid at the new prices.

2.2. The customer undertakes:

2.2.1. Pay for the Contractor's services in the manner and within the time limits provided for in Section 3 of this agreement.

2.2.2. Submit an Application for the provision of catering services during the event. The application is sent in writing (by fax _________ or email – ___________) at least 40-60 minutes before the Customer’s scheduled service. The application must be signed by the head of the enterprise or financial officer.

3. Cost of services and payment procedure

3.1. The cost of the food provided is determined according to the menu (Appendix No. 1 to this agreement).

3.2. The cost of the Contractor's services is determined based on the total number of guests who were provided with food at the Customer's request.

3.3. No later than 5 working days from the date of provision of services, the Contractor sends to the customer an Acceptance Certificate for the services provided in two copies signed by an authorized representative of the Contractor. The Customer is obliged, within 10 (ten) working days from the date of provision by the Contractor of the Acceptance Certificate, to sign and transfer to the Contractor the provided Act or provide the Contractor with a reasoned refusal to sign the Act.

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 unilaterally signed Act by the Contractor acquires the force of a bilaterally signed one, and the services are considered to be provided by the Contractor properly and accepted by the Customer, as well as subject to payment.

3.4. The customer is obliged to make payment based on the invoice within 5 (five) banking days from the date of receipt of the certificate of completion and invoice.

3.5. The parties reconcile mutual settlements every month or at the request of one of the parties.

3.6. In the event of a debt between the Customer and the Contractor, funds received from the Customer are counted first of all towards the repayment of debts (first of all, the earliest ones).

The amount excessively credited by the Customer to the Contractor's account is taken into account in subsequent settlements between the Contractor and the Customer, or, at the Customer's request, is returned to the Customer's account.

4. Responsibility of the parties and the procedure for resolving disputes

4.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this agreement in accordance with the current legislation of the Russian Federation.

4.2. If the Customer is late in paying for the services provided by the Contractor, the Customer, based on the corresponding written request of the Contractor, is obliged to transfer penalties in the amount of 0.1% of the unpaid amount for each day of delay.

In case of systematic non-payment (two or more times during the entire period of provision of services) or delay in payment by more than 10 (ten) banking days, the Contractor has the right to suspend the provision of services until full payment for previous services provided. In this case, the Contractor informs the Customer in writing about the termination of service at least 3 (three) days before the termination of service.

The obligation to pay the penalty arises from the moment the interested Party receives a request to pay the penalty.

4.3. In case of disputes regarding the application of this agreement, the Parties will take all measures to resolve them through negotiations. The period for considering claims and transmitting a response to them to the other Party is 10 days from the date of receipt of the claim.

4.4. All disputes or disagreements arising between the parties under this agreement or in connection with it, including those relating to its conclusion, modification, execution, violation, termination or invalidation, shall be resolved in the Arbitration Court of St. Petersburg and the Leningrad Region.

4.5. The Contractor is liable to the Customer in case of provision of poor-quality food, as well as for losses incurred by the Customer as a result of satisfaction of claims and statements of claim due to consumption of food provided in accordance with this Agreement of inadequate quality.

5. Force majeure

5.1. Neither Party is liable to the other Party for failure to fulfill obligations under this agreement due to circumstances that arose against the will and desire of the Parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, earthquakes, floods and other natural disasters.

5.2. The Party for which it is impossible to fulfill its obligations under this Agreement must immediately notify the other Party in writing, with the obligatory provision of documents (certificates from competent authorities) confirming the occurrence of force majeure circumstances.

5.3. If force majeure circumstances persist for 3 (three) consecutive months and show no signs of termination, this agreement may be terminated by the Parties by sending a notice to the other Party.

6. Duration, change, termination of the contract

6.1. This Agreement comes into force from the moment of signing and is valid until December 31, 2011 inclusive.

6.2. The Agreement is considered extended for each subsequent calendar year if, 30 days before the expiration of the Agreement, neither Party declares its termination in writing.

6.3. Any changes or additions to the Agreement are valid only if they are made in writing and signed by both Parties or authorized representatives of the Parties, formalized by an additional agreement, which will be an integral part of this agreement.

7.4. The addresses of the parties for correspondence are indicated in section 8. If the details are changed, the parties provide each other with new data within 5 banking days after their change.

8. Legal addresses and details of the parties