Terms and Conditions

TMC LIVE GmbH

Terms and Conditions of TMC Live GmbH

for services and work performed, rental and sale

§ 1 When do these terms and conditions apply?

(1) General:

We, TMC Live GmbH, Lise-Meitner-Straße 1 C, 33104 Paderborn (hereinafter referred to as ‘we’), provide our services exclusively on the basis of these General Terms and Conditions.

(2) Applicability to future orders:

These General Terms and Conditions shall also apply to your future orders placed with us, unless we agree otherwise. In this respect, these General Terms and Conditions shall then be deemed a framework agreement.

(3) Your terms and conditions:

Your general terms and conditions shall only apply if we have expressly agreed to them in writing.

(4) Future amendments to our General Terms and Conditions:

We are entitled to amend these General Terms and Conditions even after conclusion of the contract for the current contractual relationship in accordance with this provision. We will notify you of the respective change in writing and inform you that the respective change will become part of the contract between us if you do not object to this change in writing or verbally within a period of six weeks from notification of the change. If you do not object within these 6 weeks, your silence will be deemed to be consent to the change.

This procedure does not apply if we repeatedly receive individual orders within a framework agreement that is subject to these General Terms and Conditions and expressly refer to the changes to the General Terms and Conditions and their inclusion in this individual order when a new individual order is placed. If the contract for this new individual order is concluded with your consent, the amended General Terms and Conditions shall apply without a period for objection commencing.

§ 2 How and when is a contract concluded between you and us?

(1) Who makes the offer, who declares acceptance?

We make the offer, which is binding for 14 days. You can therefore accept this offer within 14 days. The contract is then concluded.

(3) Binding nature of statements made by our employees/service providers:

Our employees or freelancers are not authorised to make verbal side agreements or give written assurances that go beyond the actual contract, unless we have expressly designated this person as authorised to do so in advance.

§ 3 Subject matter of the contract

(1) General information:

You are the organiser, unless expressly agreed otherwise.

The subject matter of the contract is specified in the individual offer or service description.

(2) Replacement of services:

We may replace the agreed services with other, equally suitable services if the replacement is reasonable for you and does not jeopardise or impair the purpose of the contract.

(3) Use of subcontractors and sub-contractors:

We are entitled to use subcontractors (or sub-contractors, subcontractors) to fulfil our performance obligations.

(4) Subject to availability:

All services offered are provided by us subject to availability at the time of conclusion of the contract.

If a service offered is no longer available at the time of demand and/or is no longer available at the price offered, we will inform you immediately and, upon request, make a new offer.

(5) Dependence on third parties and circumstances:

When planning events, it is naturally impossible to agree on many important key points in advance (e.g. number of participants, programme, etc.): Often, one ‘building block’ depends on other ‘building blocks’, and the client must also give their approval, or the commissioning of service providers depends on the client's approval or authorisation.

It is therefore agreed that we shall only be responsible for the availability of third-party services at the time of the event if this has been expressly guaranteed by us or if we have not indicated any deadlines for approval by you in our offer or in individual cases.

In this respect, we accept no responsibility for (consequential) damage resulting from the late or delayed release of individual services by you.

(6) Delays caused by you:

We shall not be responsible for delays resulting from your failure to cooperate in a timely manner or otherwise without delay.

We are also not responsible for poor performance caused by the aforementioned delays, meaning that your warranty claims are excluded in this respect if we have notified you of the legal consequences within a reasonable period of time. If the deadline subsequently proves to be unreasonably short, it will be replaced by a reasonable deadline.

(7) Duty to provide information:

You must provide us with all information that is or may be important for the performance of the contract in a timely manner.

§ 4 Prices and terms of payment

(1) Gross or net price information:

All prices quoted are net prices, meaning that statutory value added tax must be added.

(2) Currency and currency fluctuations:

All invoices are issued in euros.

When paying with foreign currencies or means of payment, exchange rate differences and bank charges are at your expense.

For events and trips outside the eurozone, currency fluctuations are likely. In this respect, the total amount of the project in euros may depend on the exchange rate applicable at the time of the payment order to a service provider or subcontractor outside the eurozone and may change. The exchange rates published by the European Central Bank on the day of settlement will be used as a basis.

(3) Our costs and remuneration are estimates.:

All fees and costs listed in a quotation or offer prepared by us are based on the planning status known at the time of preparation and are estimates, unless we have expressly designated them as fixed prices. We therefore reserve the right to make necessary changes for which we are not responsible.

This also applies to the working hours of employees and contributors, as well as to the duration, quantity and type of equipment used.

(4) Cost components not included = additional costs, if applicable:

Unless otherwise agreed, our remuneration and costs do not include the following items:

Travel costs from/to your location and/or from/to the event venue (2nd class rail travel, 2nd class air travel, mid-range hire car; in case of doubt, the distance specified by Google Maps shall be decisive).
Necessary overnight stays (in an average 4-star hotel with single room occupancy).
Catering/meals of average quality and quantity (one hot meal per day and night) if the service is provided outside our place of business.
If our employees are contractually required to travel home after public transport has stopped running, the additional costs incurred (e.g. taxi) will be reimbursed upon presentation of proof.
Costs for telecommunications to/from abroad.
Costs for electricity connections and electricity consumption.
Costs for water connections and water consumption.
Security.
Storage costs.
Costs for waste disposal.
Costs for local or location-dependent building inspections and approvals.
Costs for driving, transit and parking permits.
Costs for collecting societies and licences.
Country-specific duties and taxes.
Costs for shipping goods such as fire-fighting equipment (including express shipping costs if required due to time constraints).
Costs for necessary insurance.
Costs for collecting societies (e.g. GEMA), costs due to contributions to the artists' social security fund (KSK).

You must bear these costs yourself or pay them additionally, unless otherwise agreed.

(5) Handling fee for ‘brokerage’:

We are entitled to charge a handling fee of up to 25% of the net amount if we are commissioned to select, commission and/or supervise service providers/performance providers and they conclude the contract directly with you.

(6) Handling of commissions, discounts and exclusion of the obligation to surrender:

We are entitled to retain industry-standard commissions and discounts in our internal relationship with service providers or performance providers commissioned by us (so-called kickback commissions) without offsetting. However, this does not apply if the service provider or performance provider has expressly designated the commission for you and has merely transferred it to us for forwarding.

Section 667 of the German Civil Code (BGB) is excluded in all cases, i.e. Section 667 BGB does not apply even if you have concluded an agency agreement with us.

(7) Additional services:

An ‘additional’ service is one that we are required to provide that is necessary for the order but has not yet been offered or is not part of the contract. If we are not responsible for the subsequent necessity, you shall reimburse us for the additional services, insofar as we can reasonably provide them.

(8) Third-party costs:

If costs for third-party services are not already included in our remuneration but are incurred additionally, you are obliged to pay us these costs before they fall due or to pay them directly to the third party on the due date in the event that we have to make payments to third parties in order to fulfil our contractual obligations. We shall not be liable for any damages resulting from a delay in payment if we have informed you in advance of the possible legal consequences. We reserve the right to adjust the terms of payment to the respective terms of payment of the service providers, insofar as these were not already known to us at the time of calculation.

(9) Subsequent price changes:

We may unilaterally increase the agreed remuneration and/or costs retrospectively if material production costs, material costs, procurement costs, production costs, wages and ancillary wage costs, social security contributions and/or energy costs, costs due to environmental regulations, costs due to currency regulations, costs due to customs changes, freight rates or public levies (factors) increase, and if these costs directly or indirectly affect our contractually agreed services and if there are more than 4 months between the conclusion of the contract and the provision of services.

(10) Advance payments:

Unless otherwise agreed, 50% of the agreed total amount is payable immediately upon conclusion of the contract.

The second instalment, amounting to 40% of the total amount, is payable two weeks before the date of the event, or immediately upon conclusion of the contract if there is less time before the event.

If no event date has been specified or agreed, 50% of the agreed total amount is payable two weeks after conclusion of the contract, with the second instalment payable two months after conclusion of the contract.

These advance payments are an essential part of the contract.

(11) Partial services:

In the case of partial services, we shall be entitled to demand corresponding partial payments.

(12) Invoicing:

We will issue the invoice for a project as soon as we have received all invoices from the contracted service providers or subcontractors.

Invoices are due immediately. If the receipt or correctness of the invoice is disputed, we may demand immediate payment of the net amount resulting from our agreement (conclusion of contract), with different dates for advance payments if applicable.

(13) Default, reminder:

Interest on arrears shall be charged at a rate of 5% per annum. We reserve the right to claim higher damages for late payment.

We may charge reminder fees of €5.00 net for each reminder, unless you can prove that the damage incurred was less than this amount, or alternatively, the actual damage incurred.

(14) Special tax information for foreign income:

Since some countries have taxes that cannot be deducted (so-called cost taxes) and these may also change during the term of the contract, it is agreed that the calculated costs may also change in line with such tax changes and must be adjusted accordingly.

Against this background, we are entitled to increase costs/prices even if a country increases its taxes, which are not deductible, after the price calculation has been submitted; the same applies to a reduction in taxes.

In addition to the net amounts, we charge the applicable statutory value added tax. Insofar as the services we provide are subject to the reverse charge procedure or the reversal of the tax burden in accordance with Section 13b of the UStG, we invoice our services net with the note ‘Reverse charge / reversal of tax burden’. As the recipient of the service, you are then obliged to pay the resulting sales tax yourself.

(15) Risks associated with holding the event or implementing the project:

You are also obliged to pay the agreed remuneration and costs if the event or the subject matter of the contract is cancelled, discontinued or shortened for reasons for which we are not responsible and which are not due to force majeure.

This also applies if this is due to the lack of a permit, bad weather, cancellation by an artist, lack of visitor interest or similar reasons, provided that we are not responsible for these reasons.

It is refutably assumed that terrorist threats, the threat of terrorist attacks, bomb threats or the discovery of ‘dangerous objects’ are assigned to your risk sphere.

This also applies to security considerations that are not caused by culpable defective performance on our part.

This also applies to the destruction of the contractual item after the transfer of risk to you, for which we are not responsible, if we are obliged to transfer items.

§ 5 Responsible persons, language, secure communication

(1) Designation of persons:

You and we shall each appoint at least one person who is authorised to issue instructions for the performance of the contract and who is authorised to make and receive legally binding declarations.

You and we shall each appoint at least one person with authority to issue instructions, make decisions and comprehensive knowledge of the specific event schedule for the duration of the set-up, dismantling and event. This person must be present and available at all times during the set-up, dismantling and event. This shall not apply to you if we are to supervise the set-up, dismantling and event independently in accordance with the contract.

(2) Language:

German is agreed as the language for planning, organising and following up on the event. However, only the German language or statements made in German (whether in writing or verbally) shall be legally binding.

German is agreed as the production language (i.e. the language used on site at the event venue, including set-up, dismantling, rehearsals and the event itself).

Unless otherwise agreed, personnel with authority to issue instructions and personnel deployed in safety-critical situations must be proficient in the production language. ‘Proficient’ means that personnel must be able to communicate confidently with other service providers, the organiser, the police, the fire brigade, etc., even in unforeseen critical situations.

(3) Secure communication:

Each party may require the other to transmit correspondence containing sensitive data (e.g. information relating to the security of the event) and/or personal data in encrypted form only. If no agreement is reached, communication using standard means of communication (including email) shall be sufficient.

§ 6 Our position as general contractor or representative

(1) If we are the general contractor:

Insofar as we act as a general contractor and conclude contracts with service providers in our own name and on our own account, we are not obliged to disclose these names, contractual relationships or invoices, except in cases of good faith (e.g. if you absolutely need the information to enforce your rights or claims).

In the event of disclosure, you are prohibited from using the information to place any future orders directly with our subcontractor.

(2) If we are agents or intermediaries:

Insofar as we act as your representative or agent and contracts between the service provider and you are thereby concluded directly, you shall issue us with the relevant powers of attorney free of charge upon request.

§ 7 Use of your materials, rights and specifications

(1) Transfer of real estate and objects:

If you specify or provide us with a venue, equipment, service provider, instructions, etc., and we no longer have a free choice, we are not obliged to check these or their services for suitability, reliability or similar. This does not apply if the unsuitability/unreliability/illegality etc. is obvious to us and you clearly need to be informed, or if the check is expressly part of our assignment.

If materials are to be used or utilised by you within the scope of our service provision, you shall ensure timely delivery to our headquarters or the event location at your expense, depending on the agreement.

Any materials delivered to us by you that are not used or reusable must be collected within the rental period of the event venue, or otherwise within one week of the completion of our services. After this period has expired, we are entitled to dispose of the materials professionally at your expense or to have them delivered to you.

(2) Transfer of rights:

If you grant us property rights (logo, photo, texts, etc.), we are entitled to use these in accordance with the contract and, if necessary, to pass them on to third parties. You shall ensure that we are entitled to do so or inform us in writing of any concerns or restrictions.

You are obliged to indemnify us against any costs and claims, even after the end of the contract, arising from claims by third parties, provided that such claims are not based on our fault.

§ 8 Special agreements with regard to security

(1) Compliance with service provider requirements:

You are obliged to comply with the safety-related instructions posted at the event venue (e.g. by the venue operator, operators of rides or facilities, etc.), as well as the specifications and recommendations of the local service provider or other consultants who have the necessary local and technical knowledge to assess any potential hazards.

(2) Responsibility for your employees and guests:

You are responsible for the actions and omissions of your employees, the service providers you commission and your guests, unless we have unlawfully caused these persons to act or omit to act unlawfully.

If you invite or allow third parties to participate, you are obliged to ensure that they also observe and comply with the requirements set out here.

(3) Suitability and ability of employees and guests:

We are not obliged to verify the sufficient skills, knowledge and permits of your employees and guests, unless it is obvious that they do not have the necessary skills, knowledge and permits or we are expressly instructed to do so.

Insofar as we are responsible for staging the event, we may also exclude participants from the event who do not have sufficient physical or mental fitness, who violate our warnings or those of our agents, who disrupt the peaceful and safe running of the event, or who compromise or threaten to compromise the safety of participants, employees and contributors. Claims against us on your part or on the part of third parties shall only arise if we have culpably caused the exclusion.

(4) Occupational safety:

We are entitled to information about occupational safety measures at the event venue, as well as about other companies operating at the event venue at the same time as us.

Unless you have expressly commissioned us to provide a coordinator within the meaning of Section 6 of the DGVU Regulation 1 or similar, this task is your responsibility.

§ 9 Ownership, protection of our documents, rights of use

(1) Ownership:

Documents, graphics, lists, drawings, sketches and other items created by us remain our property and must be returned to us at the end of the contract, unless the transfer of ownership is part of the contract.

If no contract is concluded between you and us after attending a presentation or creating a concept, all services and rights remain exclusively with us.

(2) Protection of our documents and ideas:

The applicability of copyright law shall be deemed agreed for all event concepts, documents, graphics, lists, drawings and sketches (works) created by us, even if individual parts are not protected by law.

This shall also apply beyond the end of the contract.

However, this provision shall not apply if the work is so obviously in the public domain that protection under this provision would disproportionately affect you. You are required to demonstrate that the work is wholly or partly in the public domain; we are then required to prove that this is not the case in this particular instance.

(3) Your rights of use:

Upon full payment of the remuneration and costs due, you acquire the rights of use necessary for the purpose of the contract. You only acquire these rights of use without payment if a later due date has been agreed in relation to the purpose of the contract or the period of use. Any use beyond this requires our express consent, subject to an additional remuneration obligation.

Within the scope of your order, we only take care of licensing the third-party rights necessary for the order (e.g. licence for performance at a commissioned music performance). If you wish to use third-party works or rights beyond this, you are responsible for obtaining the necessary rights yourself (e.g. recording the performance on video and uploading the video to the internet).

Repeated use by you without a corresponding repeated remunerated order to us shall trigger a corresponding remuneration obligation, unless the repetition is already covered by the first order and/or has already been adequately compensated by the previous remuneration.

This shall also apply beyond the end of the contract.

§ 10 Confidentiality / Protection of Secrets

(1) General information:

You and we agree to maintain absolute confidentiality regarding trade and business secrets, even after the end of the contract.

Trade and business secrets are understood to be all facts, circumstances and processes relating to a company which are not public knowledge but are only accessible to a limited group of people, and in whose non-disclosure the legal entity has a legitimate interest and which are designated as trade and business secrets.

Our event concepts, contract documents, planning documents, calculation documents, checklists, address lists, etc. are considered confidential in accordance with the German Trade Secrets Protection Act (GeschGehG).

You and we are entitled at any time, even after conclusion of the contract, to conclude a separate confidentiality agreement regarding individual items of information which adequately protects the rights of the party providing the information and preserves the rights and obligations agreed herein.

(2) Transfer of obligations to third parties:

You and we are obliged to impose this confidentiality obligation on our employees, cooperation partners, co-shareholders and/or co-managing directors.

(3) Procedure after the end of the contract:

At your request, we will delete, destroy or at least block access to the information, documents and work results we have received from you for persons who do not necessarily need to have access to them. This does not apply to information, documents and work results that we are required to retain due to legal obligations (e.g. due to tax law retention obligations) or that we wish to retain to a reasonable extent due to contractual evidence options (e.g. in order to be able to provide evidence of services rendered). You may request information about the stored information, documents and work results. If the reason for storage no longer applies, we will delete or destroy the information immediately. Otherwise, we will retain the information, documents and work results in compliance with legal security requirements (e.g. GDPR) at least until the expiry of the statutory limitation period, as experience has shown that such data can often be accessed again for new orders.

The aforementioned obligations also apply to you.

§ 11 Recording rights, reference citation

(1) Recording rights:

We are entitled to take photographs and/or make video recordings at the event, subject to the personal rights of guests and the rights of third parties, and to use these for reference and our own advertising purposes, unless you expressly object to this in advance for good cause. In any case, we are entitled to make recordings to a reasonable extent for documentation and evidence purposes.

(2) Reference citation:

We are entitled to use your name and event as a reference for advertising purposes to a reasonable extent.

§ 12 Data protection

We process your personal data for the purpose of fulfilling a contract or implementing pre-contractual measures at the request of the data subject in accordance with Art. 6(1)(b) GDPR.

If you or third parties commissioned by you transfer personal data of other persons to us that does not fall within the scope of order processing, the processing will be carried out within the scope of our legitimate interest in accordance with Art. 6 (1) lit. f GDPR. Our legitimate interest consists in processing the data transferred or collected in the course of our activities for the purpose of fulfilling the contract or processing the respective purpose.

It may be necessary for us to pass on your personal data or personal data transmitted by you to third parties. Recipients include, for example, independent controllers necessary for the fulfilment of the contract, specialised service providers, and postal and transport service providers. If a service provider is involved in the processing and this constitutes contract processing within the meaning of Art. 28 GDPR, we conclude a corresponding agreement with them to ensure compliance with data protection requirements. In doing so, we ensure that the data transfer is secure and limited to the minimum necessary.

We also process personal data that is not strictly necessary for the performance of a contract, but which is processed within the scope of our legitimate interest pursuant to Art. 6(1)(f) GDPR. This includes, in particular, information that facilitates communication and cooperation (e.g. preferred contact times) or corresponds to the usual practices of business correspondence (e.g. salutation, title). Our legitimate interest here lies in optimising our customer relationships and ensuring the smooth running of our cooperation.

Personal data is processed and stored for as long as is necessary to fulfil the purpose or due to legal requirements. Storage for the purpose of complying with legal obligations is based on Art. 6(1)(c) GDPR.

Further information about the processing of your personal data, the contact details of the controller and the data protection officer, and your rights as a data subject (including the right to lodge a complaint with the supervisory authority) can be found at https://tmc-live.de//rechtliches/datenschutz or can be requested using the known contact details.

Processing on behalf of others: If the processing of your data constitutes processing on behalf of others and no individual agreement on processing on behalf of others has been concluded, our framework agreement on processing on behalf of others in accordance with the GDPR, together with the associated annexes and comprehensive technical and organisational measures (TOM), shall apply. These documents can be accessed at https://tmc-gmbh.de/de/dsgvo or requested using the contact details provided.

§ 13 Special agreements for the temporary transfer of items

If we temporarily provide you with equipment or items, whether for a fee or free of charge, the following rules apply:

A. General information:

(1) Subletting:

Subletting or passing on rented items that is not necessary in accordance with the contract (e.g. so that the technician commissioned by you can operate the item) is only permitted with our prior written consent. Section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.

(2) Calculation of the rental price, start and end of the rental period:

All fees agreed for the provision of equipment shall be calculated on a calendar day basis, unless otherwise agreed.

Unless otherwise agreed, the rental period shall commence on the first day of the necessary separation of the material in our warehouse or in the warehouse of our subcontractor, or otherwise on the first day of the actual transfer to you.

Unless otherwise agreed, the rental period shall end on the day on which the leased equipment is returned to us in the condition specified in the contract and is again at our disposal after a reasonable inspection period.

(3) Condition of the items, structure:

The rental items will be provided to you in proper condition. You are obliged to report any visible damage or defects immediately and to give us reasonable opportunity to repair, rectify or replace the items, or to carry out repairs or have repairs carried out in accordance with your instructions.

Unless otherwise agreed, you are responsible for the proper assembly of the equipment and liable for any damage resulting from incorrect assembly.

At your request, we will specify the required power supply or other energy requirements for the equipment, which you will provide at your own expense at the start of construction and throughout the entire rental period.

(4) Use of the items:

You must always treat the equipment with care and diligence and with the due care of a prudent businessman. You undertake to use the equipment exclusively for its intended purpose.

(5) Safeguarding of items:

You are obliged to comply with all standard protective measures and necessary security precautions against theft and vandalism. From the moment the rental items are handed over to you, you are fully liable for theft and damage that exceeds normal wear and tear or use in accordance with the contract, unless we are responsible for supervision and security in accordance with the contract.

(6) Insurance:

You are obliged to insure the rental object adequately against damage, theft, vandalism, etc. and to keep it insured during the rental period. We have the right to demand proof of insurance at any time and to make the transfer to you dependent on the presentation of proof of insurance.

Unless otherwise agreed, the following minimum limits apply:

1. 3 million euros for personal injury,

2. 5 million euros for property damage, whereby the insurance must expressly cover property damage to the rental object, and

3. 250,000 euros for financial losses.

(7) Compensation for damage:

In the event of damage, destruction or loss, you must reimburse us for the replacement value of the equipment, i.e. the net purchase price we would have to pay for a replacement, subject to further claims resulting from the destruction or damage to the equipment. However, you reserve the right to prove that we have not incurred any damage or that the damage is significantly lower; in this case, no damage or this lower damage shall be reimbursed.

(8) Collection:

If we collect the equipment provided to you and do not use it ourselves in accordance with the contract, you shall ensure that the equipment is stored safely and dry until then and that the requirements of the regulations for the place of delivery are otherwise met. If the conditions for collection are not met and deviations are unreasonable for our collection staff, the rental period shall be extended accordingly by the waiting times. You shall reimburse us for all costs and damages incurred in connection with the delay.

(9) Special case of termination without notice by you:

Termination without notice for good cause (Section 543 (2) sentence 1 no. 1 BGB) due to failure to grant contractual use is only permissible if we have had sufficient opportunity to remedy the defect and this has failed. Remedying the defect shall only be deemed to have failed if it is impossible, if we have refused to do so or delayed it unreasonably, if there are justified doubts as to the prospects of success, or if it is unreasonable for you for other reasons.

(10) Special case of strict liability:

Our strict liability pursuant to Section 536a (1), 1st alternative BGB for defects that already existed at the time of conclusion of the contract is excluded, unless we have fraudulently concealed the defect. This limitation of liability also applies mutatis mutandis to our liability with regard to the reimbursement of futile expenses. In all other respects, the provisions on our liability in Section 17 shall apply.

B. Delivery, place of delivery, transfer of risk, partial deliveries

(1) General information:

Delivery, insofar as it is owed by us or requested by you, shall be made to the postal address you provided when concluding the contract or upon our first request.

In particular, you must provide the delivery address and any restrictions on delivery or collection, assembly and dismantling, etc., and be present to accept the delivery. Unless otherwise agreed, you shall bear the costs of these cooperative actions.

(2) Approvals and acceptances:

We shall obtain any permits of any kind that are necessary for the contractual use, regardless of location, in order to be able to operate our equipment at all, but you shall pay for these permits in full or in part, insofar as these permits are necessary for your operation.

You are responsible for obtaining and paying for any permits required at the planned event location in order to operate our equipment (e.g. noise protection for residents, municipal regulations, state law).

You must arrange for any necessary inspections. You shall also bear the costs of the inspection, unless expressly agreed otherwise.

(3) Areas: Your liability for floor load capacity / escape routes:

a. Installation sites, access and departure routes, manoeuvring areas and transport routes on the premises or in your premises must be suitable for installation, temporary storage, transport, assembly and dismantling work, and must be level, clear, sufficiently secured, structurally sound and adequately lit.

b. You must notify us immediately of any restrictions on usable space (e.g. underground car park located beneath the manoeuvring and loading areas, etc.).

c. We generally assume that we can deliver with vehicles of the following dimensions:

18.75 metres long
2.60 metres wide
4.00 metres high
44 tonnes total weight or 11.5 tonnes axle load

d. There must be space for at least two vehicles to be present at the same time, with manoeuvring, loading and unloading facilities. The loading and unloading location must be in the immediate vicinity of the assembly/disassembly location and must be free of obstacles for transport, temporary storage and manoeuvring.

e. We will inform you in advance in the event of larger dimensions or higher weights or loads.

f. You must ensure that the areas and paths we use are not accessed by unauthorised persons, in particular guests, and, if necessary, ensure this by means of suitable barriers or personnel.

g. You must ensure that escape routes and movement areas for rescue services are not impeded, even temporarily, by the delivery, assembly, dismantling, collection and transport on the premises or in your premises, and provide suitable space/areas for our manoeuvring, loading and construction activities.

(4) Loss of goods, delays:

The risk of accidental loss of the goods shall pass to you upon dispatch of the goods or handover to the delivery person, provided that we are not obliged to assemble or dismantle our equipment or provide on-site support/services.

If delivery is delayed at your request or due to circumstances beyond our control, the risk shall pass to you for the duration of the delay. You shall bear the costs incurred as a result of the delay for waiting time, provision, storage, etc., or you must take appropriate measures upon request.

(5) Successful delivery:

Delivery shall be deemed to have been made when we make the equipment available at the kerbside assigned to the agreed delivery address, if no authorised person is available at the specified address at the agreed time and it is not possible to hand over the goods, or if delivery to you is not reasonable even with the use of customary and reasonable efforts (e.g. delivery to areas where safe access is not guaranteed, such as dark staircases or unsecured slopes).

If collection or return at/to our premises has been agreed, the gate of the warehouse (external warehouse) or the entrance to the office building (company headquarters) shall be deemed to have been agreed. Other handover points may be agreed on a project-specific basis.

(6) Partial deliveries:

We may make partial deliveries, provided that the partial delivery:

1. is attributable to circumstances within your sphere of responsibility (e.g. consecutive orders), or

2. is unavoidable due to local conditions (e.g. access roads that are too narrow), or

3. due to the size of the order, it would only be possible for us to deliver the order in full without incurring disproportionate expense, but the order is nevertheless delivered in full on time, or

4. otherwise, insofar as partial deliveries are reasonable for you.

You must accept or refuse such partial deliveries.

If we are not responsible for the necessity of partial deliveries, we may demand compensation for any additional expenses, costs and damages incurred.

(7) Obligation to inspect:

You must inspect the goods immediately upon delivery to ensure that they are free of defects and complete, and report any defects discovered in writing without delay. If you fail to inspect the goods or report defects in a timely manner, the delivered goods shall be deemed to have been approved, unless the defect was not apparent during the inspection. Hidden defects discovered later must be reported within 14 days of discovery; otherwise, the goods shall also be deemed to have been approved with regard to these defects. The notification of defects must describe the defect complained of in detail so that it can be remedied without further ado.

The same applies to collection or return transport after dismantling.

C. Delivery dates, delivery difficulties, force majeure

(1) Delivery dates:

Information or agreements regarding delivery or service times within a set-up, dismantling or event day are to be understood as approximate dates only and are not fixed dates, provided that this does not interfere with the start of the event or other dates necessary for the proper running of the event (e.g. building inspection). Binding delivery or service dates (fixed dates) must be expressly designated as binding or fixed.

(2) Delivery attempts:

If a delivery is owed at all, we owe a delivery attempt or an attempt at delivery.

(3) Delivery difficulties and force majeure:

1. Obstacles that we cannot foresee or plan for (construction sites, traffic jams on the way to you or to the event or to the agreed delivery location) will result in a corresponding extension of any delivery times at your risk.

2. We are entitled to withdraw from the contract if, through no fault of our own, we are unable to deliver the ordered goods or provide the service because a covering transaction was concluded with a supplier for the delivery and the supplier does not fulfil its contractual obligations. In this case, we will inform you immediately of the inability to deliver. If payment has already been made, it will be refunded immediately.

3. As long as we are (a) waiting for your cooperation or information, or (b) hindered by strikes or lockouts in third-party companies or in our company (in the latter case, however, only if the industrial action is lawful), official intervention, legal prohibitions or other circumstances beyond our control, delivery and service deadlines shall be deemed to be extended by the duration of the hindrance and by a reasonable start-up period after the end of the hindrance (‘downtime’). There shall be no breach of duty for the duration of the downtime. We shall notify you immediately of any such impediments and their expected duration. In all other respects, the provisions on force majeure shall apply.

§ 14 Special agreements for the sale of new or used goods

When we sell equipment or items to you, the following rules apply:

A. Material defects and defects of title; other performance disruptions; statute of limitations

(1) In accordance with the provisions of the German Civil Code (BGB) governing the sale of goods, we warrant that the contractual items are of the agreed quality and that your use of the contractual items within the scope of the contract does not infringe any third-party rights. The warranty that the contractual items are free from third-party rights applies only to the country of destination agreed between us in which the contractual items are to be used.

(2) In the event of defects of title, we shall initially provide warranty by means of subsequent performance. To this end, we shall, at our discretion, provide you with a legally permissible possibility of use of the delivered contractual items or of modified equivalent contractual items.

In the event of material defects, we shall initially provide warranty by means of subsequent performance. To this end, we shall, at our discretion, either provide you with a new, defect-free item or remedy the defect; the defect shall also be deemed to have been remedied if we show you reasonable ways of avoiding the effects of the defect.

(3) We shall be entitled to make subsequent performance conditional upon your payment of at least a reasonable portion of the remuneration, rent and costs.

(4) If two attempts at subsequent performance fail, you are entitled to set a reasonable grace period for the defect to be remedied. In doing so, you must expressly state in writing that you reserve the right to withdraw from the contract and/or claim damages in the event of further failure.

If the rectification also fails within the grace period, you may withdraw from the contract or reduce the remuneration, unless the defect is insignificant. After expiry of a set period, we may demand that you exercise your rights resulting from the expiry of the period within two weeks of receipt of the request. After expiry of the period, the right of choice shall pass to us.

(5) If we provide services for troubleshooting or fault rectification without being obliged to do so, we may charge for this in accordance with our standard rates. This applies, for example, if a defect did not exist at all or if it is clear to you that it is not attributable to us. You shall also reimburse us for any additional expenses incurred as a result of your failure to properly fulfil your obligations to cooperate.

(6) You may only derive rights from our other breaches of duty if you have notified us of these in writing and granted us a grace period to remedy the situation. This does not apply if, due to the nature of the breach of duty, a remedy is not possible.

(7) In all other respects, the warranty provisions under Section 15 shall apply.

B. Retention of title

(1) All deliveries and services are subject to retention of title. The delivered goods remain our property until the purchase price and all other claims against you arising from the current business relationship have been paid in full (in the case of payment by check or bill of exchange, until these have been honored).

(2) You may only sell the goods subject to retention of title in the ordinary course of business and on condition that the purchase price claim from the resale is transferred to us. You hereby assign to us your claim from the resale of the goods subject to retention of title, together with all ancillary rights, as security for all claims against you at the time of resale. You are authorized to collect the claims assigned to us. However, your authorization may be revoked if you fall into arrears with your payments to us. In this case, we are authorized to inform your customer of the assignment on your behalf. You are obliged to provide us with the necessary information to assert our rights against your customers, in particular to name the customers and hand over the necessary documents.

(3) You are not entitled to dispose of the goods subject to retention of title in any other way, in particular by pledging them or transferring them as security.

(4) Any impairment of the goods subject to retention of title must be reported to us, as must any access to them by third parties. If the right of resale expires, you are obliged, at our request, to provide us with information about the stock of goods subject to retention of title and to surrender these goods at our request. In order to enforce our claim for surrender, we shall also be entitled, after prior notification and setting a deadline, to enter your premises or event and remove the goods subject to retention of title. Furthermore, we are entitled to sell the surrendered goods subject to retention of title to satisfy our claims as soon as we have either withdrawn from the contract or the conditions for claiming damages for non-performance have been met.

(5) If the value of all our security interests exceeds the value of our claims against you by more than 20%, we shall be obliged to release any additional security at your request.

§ 15 Warranty

(1) Acceptance:

If acceptance is required, it shall be deemed to have taken place if you refuse to accept the goods after we have requested you to do so and set a deadline, but no later than 14 working days after the request, with specific descriptions of the defects.

(2) Deadline for reporting defects:

You must submit complaints in writing immediately after discovering a defect (notification of defects). Otherwise, § 377 HGB (German Commercial Code) applies accordingly.

(3) Defect rectification:

If there is a defect in the contractual item for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or provide a replacement. In the event of rectification of the defect, we shall bear all expenses necessary for the purpose of rectifying the defect, e.g., transport, travel, labor, and material costs, insofar as these are not increased by the fact that the contractual items have been moved by you to a location other than the place of performance. If the rectification of the defect or replacement fails twice, or if we are unwilling or unable to do so, you may withdraw from the contract or reduce the remuneration.

(4) Your right to a reduction:

You expressly reserve the right to reduce the price if the subsequent performance fails or, if construction work is the subject of liability for defects, to withdraw from the contract at your discretion.

(5) When are your warranty rights excluded?

Your rights in respect of defects are excluded if you make or have made changes to the rented property without our consent. This does not apply if you can prove that the changes do not have any unreasonable effects on us in terms of identifying and remedying the defects. Your rights in respect of defects remain unaffected if you are entitled to make changes, in particular within the scope of exercising your right to remedy the defect yourself in accordance with Section 536a (2) of the German Civil Code (BGB), and these changes have been carried out professionally and documented in a comprehensible manner.

(6) Change in the statute of limitations:

The limitation period for all warranty claims is one year from acceptance, otherwise one year from the end of the year in which the claim arose and you became aware of the circumstances giving rise to the claim and the identity of the debtor, or should have become aware of them without gross negligence.

This reduction in the limitation period does not apply:

In cases of intent or gross negligence,
in the event of personal injury,
in the event of a defect in a third party's right in rem, on the basis of which the return of the purchased item may be demanded (§ 438 (1) No. 1a BGB),
in the case of a structure and a work whose success consists in the provision of planning or supervision services for this purpose (§ 634a (1) No. 2 BGB),
for claims under the Product Liability Act.

(7) Other:

The above provisions on “warranty” shall not apply if we have fraudulently concealed the defect or have given a guarantee for the quality of the work.

§ 16 Your liability

(1) Within the scope of your duty of care and diligence pursuant to § 278 of the German Civil Code (BGB), you are responsible for the fault of persons who, at your instigation, come into contact with the subject matter of the contract and the items and rooms provided by us in accordance with the contract (e.g., your employees, guests, customers, or craftsmen, carriers, technicians commissioned by you), unless these persons caused the damage only while accessing the rented item and/or fall within our area of responsibility. transporters, technicians commissioned by you), unless these persons caused the damage only on the occasion of their access to the rental object and/or fall within our area of responsibility.

(2) You bear the burden of proof that the person who caused the damage does not fall under your duty of care and supervision in accordance on § 278 of the German Civil Code (BGB).

§ 17 Our liability

(1) No-fault liability for rentals:

Our strict liability pursuant to § 536a (1), 1st alternative BGB for defects in the context of a rental that already existed at the time the contract was concluded is excluded. This limitation of liability also applies mutatis mutandis to our liability with regard to the reimbursement of futile expenses.

(2) Breaches of duty resulting in property damage or financial loss:

In the case of only slightly negligent breaches of duty, our liability shall be limited to the average damage foreseeable and typical for this type of contract.

We shall not be liable for minor breaches of insignificant contractual obligations. “Insignificant” refers to obligations whose fulfillment does not characterize the contract and on which you cannot rely.

Indirect damage and consequential damage resulting from defects in the subject matter of the contract shall only be eligible for compensation if such damage is typically to be expected when the subject matter of the contract is used as intended.

The limitations of liability in this paragraph 2 shall not apply in the event of grossly negligent or intentional breach of duty.

(3) Breaches of duty resulting in injury to life, limb, or health:

We are liable for any kind of negligence and intent in the event of injury to your life, limb, or health attributable to us.

(4) Statutory liability:

The limitations of liability in paragraphs 1 and 2 do not affect your claims arising from product liability and mandatory statutory liability.

(5) Extension of this clause to employees, organs, vicarious agents, etc.:

The exclusions and limitations of liability in paragraphs 1 and 2 apply to the same extent in favor of our organs, our employees and other vicarious agents, and our subcontractors.

(6) Subsidiary liability for subcontractors as the party responsible, if you are an entrepreneur (§ 14 of the German Civil Code (BGB)):

If we commission a subcontractor or sub-contractor (hereinafter referred to as “subcontractor”) and this subcontractor performs poorly or causes damage, we have the option of invoking our subsidiary liability in the event of a claim. This appeal must be made immediately after notification of a claim and can be withdrawn at any time thereafter. In the event of such an appeal, we shall only be liable subsidiarily, and this subcontractor shall be primarily liable.

Specifically, this means:

1. Claims arising from breaches of duty by the subcontractor must primarily be asserted directly against the subcontractor. In this case, we are obliged to name this subcontractor with a summonable address, to assign all rights and claims against this subcontractor to you, to provide you with all documents and information necessary to enforce your claims, and to name our own employees and persons as witnesses with summonable addresses as far as possible.

2. You must at least bring legal proceedings against the subcontractor in the court of first instance. If you lose there, we may demand that you immediately hand over all pleadings, court orders, and judgments to us and also go through further instances, advancing the costs of the further instance(s). If you also lose in these further instances, we will reimburse the court and necessary attorney's fees for these further instances.

3. In the event of a favorable judgment, you must make at least two attempts to enforce the judgment against the subcontractor.

4. Only if and to the extent that this primary recourse fails shall we be liable on a subsidiary basis.

5. Any indemnity agreement or similar agreement concluded by us with the subcontractor shall not affect our right to invoke subsidiary liability.

Subsidiary liability does not apply, or only applies at your request, if our subcontractor has its place of jurisdiction in another EU country.

§ 18 Force majeure and other serious events

(1) Force majeure and other events in the relationship between you and us:

In the event of force majeure or other serious events that lead to the impossibility of performing or termination of the contract or individual contractual services, we may demand reimbursement or compensation from you for the costs incurred and services rendered up to that point and for the necessary payments to be made by us to our subcontractors.
Insofar as the contractually owed services have not become impossible, but only appear to be difficult or impaired or nearly impossible, § 648 BGB (German Civil Code) applies to our remuneration, whether directly or by analogy, unless a lower cancellation fee would be incurred by a cancellation in accordance with the cancellation conditions agreed between us; in this case, the lower cancellation fee shall apply, unless we choose to calculate the actual damage and this is higher than the flat rate.
In the event of restrictions on the subject matter of the contract due to infection control regulations (including travel bans, accommodation bans, etc.), it shall be rebuttably presumed that the performance of the event under the changed conditions is unreasonable and that a case under this paragraph (1) therefore exists. However, this shall only apply if the subject matter of the contract specifies a defined event size (time, place, number of participants, scope, program). Both contracting parties are obliged to endeavor to reschedule the event.

(2) Relevant date of valuation:

If you cite concerns about or the likelihood of force majeure as the reason for canceling/terminating our contract or canceling the event, the following applies:

The decisive point in time for assessing whether force majeure exists or not is agreed to be the contractual date of the event. If the period in question is longer than one day, the mathematical midpoint of this period shall apply.
This also applies if you cancel the event before the event date out of concern for force majeure. You must prove that the cancellation was made solely on the grounds of the possibility of force majeure.
If, at the relevant valuation date agreed here, it transpires that force majeure exists, the agreement on force majeure shall apply. If, on the other hand, it transpires at this point in time that no force majeure exists, the agreement regarding cancellation/termination shall apply.
If no event date has been specified or agreed, the date agreed for delivery of the work or completion of the service shall apply. If delivery of the work or completion of the service takes place in several stages, or if the final date is not identical to the date on which the majority and essential part of the service owed is agreed, this date shall apply.
In any case, however, we are entitled to payment under paragraph 1, in particular until any legal issues have been clarified. Any such payment by you shall not be deemed a waiver of any other claims against us. Our acceptance of your payment shall not be deemed an acknowledgment of force majeure and a waiver of any further claims against you.

(3) Force majeure, including in the relationship between us and our subcontractor:

If one of our subcontractors can invoke force majeure and therefore fails to perform the service owed under the subcontracting relationship, we shall also be released from our obligation to perform our service to you; otherwise, paragraphs 1 and 2 shall apply.

We will endeavor to provide suitable replacement services, for which our remuneration will be calculated based on the agreed remuneration in case of doubt.

(4) Predictability:

You and we may invoke force majeure even if we have concluded the contract in view of an existing or imminent event.

(5) Further legal consequences:

You shall remunerate and pay separately for any necessary activities required for the execution and completion of the assignment; in case of doubt, the remuneration rates agreed for the actual assignment shall apply accordingly. This also includes the costs of legal or other professional advice that is not/was not already the subject of the assignment and that is necessary for the professional execution and completion of the assignment.
If, despite the occurrence of force majeure, you use our services to a greater extent than remunerated or paid for in accordance with paragraph 1 (e.g., in the event of force majeure, a copyright-protected work is completed and is used by you despite force majeure), we shall be entitled to remuneration and reimbursement of costs in excess of the costs actually incurred and services actually rendered, corresponding to the scope of the services actually used by you.
We are entitled to suspend the reversal for the period necessary for the total calculation, including the compilation and clarification of all cost items. If less than 50% of these cost items still need to be clarified, we will proceed with the reversal for the other part. The statute of limitations shall also be suspended for the period of this suspension.
You are entitled to information about our efforts regarding compilation and clarification, which we can also provide in the form of a confirmation or report from a lawyer or auditor.

§ 19 Non-performance by a service provider

(1) No obligation to pay in the event of non-performance by the service provider:

Insofar as, outside of force majeure, a service provider for whom we are responsible is unable to fulfill a service owed in whole or in part (“unable,” e.g., hotel overbooking) or is unwilling to do so (“unwilling,” e.g., due to safety concerns) and we can prove that

having carefully selected this service provider,
that the service provider is not culpably responsible for the non-performance, and
in the event of unwillingness, this unwillingness is objectively justifiable or reasonable and is or was necessary for the safety of guests, contributors, and/or employees,

we shall be released from our obligation to perform our duties towards you, insofar as we owe them to you.

(2) Efforts to obtain compensation:

In the case of paragraph 1, we will endeavor to provide suitable replacement services.

(3) Legal consequences:

Our claim for remuneration and reimbursement of costs for these efforts and your claim for damages against us are governed by the following two provisions:

If the non-performance falls within your area of risk (see § 4 (15), “Risk of holding the event or carrying out the project”), we are entitled to remuneration and reimbursement of costs.
If the non-performance falls within our area of risk, we shall not be entitled to remuneration or reimbursement of costs. Provided that we have not acted negligently or culpably, your claim for damages shall be limited to the amount paid by the service provider, subcontractor, or insurance carrier. In all other respects, § 17 (“Our Liability”) shall apply.

§ 20 Termination

(1) Termination by us for good cause:

We may terminate the contract if, taking into account all circumstances of the individual case and weighing up the interests of both parties, we cannot reasonably be expected to continue the contractual relationship until the agreed service has been completed and/or until the agreed termination date (termination for good cause). Such a reason exists, for example, if:

A payment due from you has not been received by us in a timely manner, insofar as our termination does not lead to an exclusion or impairment of the insolvency administrator's right to choose pursuant to § 103 InsO.
You are in default of payment after filing for insolvency proceedings and after the opening of insolvency proceedings.
There is a change in the shareholders who hold more than 50% of the capital shares in your company, insofar as this affects our economic and/or legal interests to a more than insignificant extent (change of control).
Circumstances arise that were unknown to us at the time of conclusion of the contract and that endanger the safety of the event, guests, participants, or employees, and if we had not concluded the contract or would not have concluded it under these conditions had we been aware of these circumstances, or if only by termination can the health or safety of a third party be guaranteed.
Defects are discovered for which we are not responsible and which could endanger the health or life of a third party, or defects are discovered for which we are responsible, insofar as only termination can ensure the health or safety of a third party.
You fail to comply with measures prescribed by law or ordered by authorities that serve to ensure the safety of our personnel (delivery, installation, service, etc.) on site.
You have deliberately concealed circumstances that are relevant to the assessment of the risk situation and/or the scope of services and/or the equipment used in production and/or our employees or assistants, particularly with regard to safety and legality.
An event is being or is to be held that differs in nature, content, or scope from that specified in the subject matter of the contract, this was not apparent to us despite exercising due care and, as a result, the safe and lawful execution of the event cannot be guaranteed, even if supplemented by necessary and reasonable short-term measures, or our participation in such an event is unreasonable and we would not have concluded the contract or would not have concluded it under these terms and conditions had we been aware of the deviation.
It can be assumed that the event at which Logos, equipment, or personnel are present and represented, directly relates to political events in Germany and/or abroad, and/or that opinions are or will be discussed and/or expressed that are incompatible with fundamental democratic values and/or the Basic Law of the Federal Republic of Germany and/or that have a negative impact on the peaceful coexistence of people in Germany.
You operate technical or structural facilities that are not permitted and could therefore endanger us or our personnel.
You do not create local conditions that have been agreed upon or are necessary for timely delivery or on-site support/service. This includes, for example, gravel access roads, load limits on access roads, distances from the last permissible parking space for the delivery vehicle to the delivery location, as well as insufficient load-bearing capacity of the ground, lighting, fire protection, escape routes, and provision at the curb is also impossible or unreasonable with regard to our property.
If the competent authorities and police forces are unable to maintain public safety and order on the basis of concrete evidence, and if we cannot reasonably be expected to maintain the contract for this reason.
A competent authority or court prohibits the event from taking place.

(2) Termination by you for good cause:

You may terminate the contract without notice if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until completion of the work and/or until the agreed termination cannot be reasonably expected.

Otherwise, termination is excluded.

(3) Requirement for a prior warning:

A prior warning or setting of a deadline is not necessary if it is unlikely that the reason for termination will cease to exist or will not occur, if it is unreasonable for the terminating party to continue to adhere to the contract, and if the other party does not at least acknowledge that it will bear the additional costs (remuneration, expenses) incurred by remedying the reasons for termination. If the reason for termination concerns the body, health, or life of human beings, then there must be no doubt that the cause will be remedied or will not occur.

(4) Entitlement to remuneration after termination:

If we terminate the contract for good cause for which neither you nor we are responsible, § 648 BGB shall apply accordingly to our remuneration and costs.
If you terminate the contract for good cause, we are entitled to remuneration for the portion of our services rendered up to the date of termination.

(5) Joint assessment of performance level:

After termination or other premature termination of the contract, each contracting party may require the other to cooperate in a joint assessment of the performance level. If one contracting party refuses to cooperate or fails to attend an agreed appointment or an appointment set by the other contracting party within a reasonable period of time for the assessment of the performance level, it shall bear the burden of proof for the performance level at the time of termination. This shall not apply if the contracting party is absent due to circumstances for which it is not responsible and which it has immediately notified to the other contracting party. We may demand compensation for our expenses incurred in this assessment, unless we are responsible for the termination of the contract.

(6) Use of rights after termination:

If you exercise or wish to exercise your rights after termination, § 18 (5) b shall apply.

§ 21 Cancellation by you

(1) General information:

If you wish to cancel the contract for a reason for which we are not responsible and which is not due to force majeure (cancellation), this is generally possible; however, you must notify us of this in writing and expressly.

In this case, given that experience has shown that we do not always have the opportunity to use our services elsewhere or deploy employees elsewhere in the event of cancellations, we may charge costs and fees, etc., in accordance with the following provisions, unless we agree otherwise with you.

The decisive date for calculating the flat rates is the date on which we receive your cancellation.

For the provision on the relevant point in time for the assessment or distinction between cancellation and force majeure, reference is made to the corresponding paragraph in the force majeure clause (§ 18 paragraph 2).

(2) Our right to choose in the event of cancellation:

We may either claim the specifically agreed prices minus any expenses saved or settle our costs and lost profits with a lump sum. In this case, the following lump sums shall apply.

If we choose the lump sum, you still have the option of proving that we have not incurred any damage or have incurred less damage. In this case, you will only have to reimburse this lower amount instead of the lump sum.

If a specific event date has been agreed upon:

For cancellations up to 100 days before the first day (excluding setup and travel) of the event, 50% of the agreed remuneration.
In the event of contract termination up to 60 days before the first day (excluding setup and travel) of the event, 70% of the agreed remuneration.
In the event of contract cancellation up to 30 days before the first day (excluding setup and travel) of the event, 90% of the agreed remuneration.

If no event date has been agreed, but rather a completion date or a time frame:

For cancellations made 30 days or more after conclusion of the contract, 50% of the agreed remuneration.
In the event of contract termination 60 days or more after conclusion of the contract, 70% of the agreed remuneration.
In the event of contract termination 100 days or more after conclusion of the contract, 90% of the agreed remuneration.

If we choose to calculate the remuneration specifically, we retain our claim to remuneration. However, we must allow for any expenses we save as a result of the termination of the contract or any income we earn or maliciously fail to earn by using our labor elsewhere. It is refutably presumed that we are entitled to 10% of the agreed remuneration attributable to the part of the agreed services not yet rendered.

In all cases, you must reimburse the costs incurred by third parties (e.g., video, lighting, or sound equipment rented in anticipation of the event, external personnel requested, catering ordered, furniture, etc.) that are claimed by these third parties from us or directly from you, insofar as these services are not included in our agreed fee and flat rates, for which we are required to provide evidence.

We can exercise this right of choice until an agreement or legally binding court decision on the settlement has been reached. This also means that we can change the “flat rate” option to the “specific calculation” option as long as no agreement has been reached on the flat rate or a legally binding court decision has been issued, and vice versa.

(3) Cancellation for us during the free cancellation period:

If we have agreed to a free cancellation right in your favor for a certain period of time, we may also withdraw from the contract within this period if there are inquiries from potential third parties regarding the booked contractual object and you do not waive your right to cancel within a maximum of 10 days upon our request.

(4) No negotiation of cancellation conditions with third parties:

Without an express order, we are not obliged to negotiate cancellation conditions with subcontractors or service providers or to delay commissioning third parties with a view to a possible cancellation, unless you expressly instruct us to do so; in this case, you assume all risks that may arise from a delay.

(5) Joint assessment of performance level:

After a cancellation or other premature termination of the contract, each contracting party may require the other to cooperate in a joint assessment of the performance status. If one contracting party refuses to cooperate or fails to attend an agreed appointment or an appointment set by the other contracting party within a reasonable period of time for the assessment of the performance status, it shall bear the burden of proof for the performance status at the time of termination. This shall not apply if the contracting party is absent due to circumstances for which it is not responsible and which it has immediately notified to the other contracting party. We may demand compensation for our expenses incurred in this determination, unless we are responsible for the termination of the contract.

(6) Further legal consequences:

You shall remunerate and pay separately for any necessary activities required for the execution and completion of the assignment; in case of doubt, the remuneration rates agreed for the actual assignment shall apply accordingly. This also includes the costs of legal or other professional advice that is not/was not already the subject of the assignment and that is necessary for the professional execution and completion of the assignment.
If you exercise or wish to exercise your rights after termination, § 18 (5) b shall apply.

§ 22 Final provisions

(1) Retention:

You are not entitled to exercise a right of retention against us on the basis of any other claim not arising from this contractual relationship.

(2) Offsetting:

You shall only be entitled to offset claims against us if they are based on the same contractual relationship. In order to protect the interests of all parties, you are obliged to pay the remuneration and costs due into a trust account in the event of a claimed offsetting situation. The trustee shall be obliged to pay us the administered payments in the amount of the amounts due in the event of a legally established or recognised cessation of the set-off situation, and to repay them to you in the event of a legally established or recognised set-off situation. The party who caused the fiduciary administration shall bear the costs of the trust. The respective contracting party entitled to receive payment may not demand additional interest from the other party due to the delay. If no payment is made to the trust account, it shall be assumed that no permissible set-off situation exists as long as we have not recognized the claim underlying the set-off or it has not been legally established.

(3) Assignment:

You may only assign claims arising from the contractual relationship with us to third parties with our prior express consent.

(4) Place of performance if you are an entrepreneur (§ 14 BGB):

The place of performance is our registered office, unless otherwise stated in our offer or order confirmation.

(5) Place of jurisdiction:

The place of jurisdiction for all claims arising from the relationship with you is our place of business. We are then also entitled to choose the place of jurisdiction at your place of business.

(6) Choice of law:

German law applies.

(7) Language selection:

If these General Terms and Conditions are translated into a language other than German, the German version shall prevail in case of doubt.

(8) Validity of the General Terms and Conditions or individual clauses:

You and we are obliged, if individual or multiple provisions are invalid/unenforceable for reasons other than the provisions concerning the law on general terms and conditions pursuant to Sections 305 to 310 of the German Civil Code (BGB) void/unenforceable for reasons other than the provisions concerning the law on general terms and conditions pursuant to Sections 305 to 310 of the German Civil Code (BGB) or if a loophole requiring filling arises, to replace them with a valid provision or to fill the loophole with a provision that corresponds to the legal and economic content of the invalid/void/unenforceable provision and the purpose of the contract.

§ 139 BGB (partial nullity) is excluded..

If the invalidity of a provision is based on a measure of performance or time (date or deadline) specified therein, this provision shall be amended to a legally permissible measure that comes closest to the original measure.