TERMS & CONDITIONS
1 Scope
(1) These general terms and conditions (hereinafter referred to as GTC) apply to business dealings with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and are the basis and component of everything between Concept, Crew & Rental Hamburg (owner: Michael Müller) (hereinafter referred to as the contractor) and their contractual partners (hereinafter referred to as the client called) concluded contracts, which have the subject matter and services in the field of event technology by the contractor.
(2) They also apply to all future business with the client. Individual agreements always take precedence over the general terms and conditions. Any different terms and conditions of the client are not valid. Such terms and conditions only apply if the contractor expressly confirms them in writing.
2 Offer and Conclusion of Contract
The contractor's offers are non-binding and subject to change. The order placement by the client must be in writing and is binding for a period of two weeks from receipt of the order placement. The contractor is free to decide on acceptance.
3 Order Period
The order period includes the agreed day on which the materials and personnel to be used are made available in the contractor's business premises, the event location or production site or other agreed locations (start of the order) and the agreed day on the return of the material and personnel or the end of production (end of the order) .
4 Remuneration
(1) Unless otherwise agreed, the price of material, material or service included in the contractor's price list valid at the time the contract is concluded shall be deemed to have been agreed. The contractor reserves the right to offer and bill services usually with daily flat rates. Hourly billing requires a written agreement.
(2) If the service period or workload agreed in the concluded contracts is exceeded, the contractor reserves the right to correct the contractually agreed amount on the invoice at the contractor's tariffs valid at the time the contract was concluded, including surcharges (e.g. night and Sunday surcharges, overtime surcharges and full daily rates upon replacement). Agreements between the client and the contractor on separate conditions must be made in writing.
5 Cancellation by the client
(1) Cancellation (termination of the contract) by the client is possible in accordance with the following regulation. The cancellation must be made in writing to be effective.
(2) In the event of cancellation, the client is obliged to pay the contractor the remuneration according to § 4 according to the following scale as compensation:
Cancellation 21 working days before contractual
Start of production: 30% of the total
Cancellation 14 working days before contractual
Start of production: 50% of the total
Cancellation 7 working days before contractual
Start of production: 75% of the total
Cancellation 2 working days before contractual
Start of production: 90% of the total.
(3) The receipt of the notice of termination by the contractor is decisive for the time of cancellation. The obligation to pay damages does not apply to the extent that the client proves that the contractor did not incur any damage 2 or that the damage was significantly lower.
6 Payment
(1) Unless otherwise agreed, the remuneration is due without deductions / discounts at the time of invoicing. As explained in Section 4 (2), there may be deviations in the total amount between the contract and the final invoice; only the amount on the invoice is relevant and valid for payments. In any case, the receipt of the full invoice amount on the contractor's business account is decisive for the timeliness of payments.
(2) In the event of late payment, the client owes at least the due interest at the statutory rate. The assertion of further damages remains reserved.
(3) The client is only entitled to exercise rights of retention and set-off in relation to or with an undisputed or legally established counterclaim. The client remains unrestrictedly entitled to exercise rights of retention based on this contractual relationship.
7 Compensation for Damages
(1) The client is only entitled to contractual and statutory claims for damages if these are due to an intentional or grossly negligent breach of duty by the contractor
the contractor, his legal representative or managerial staff. The no-fault claims for damages according to § 536 Abs. 1 BGB are excluded. The contractor is also liable for typical, foreseeable damage if it was caused by grossly negligent or willful action by a simple vicarious agent or by negligent breach of essential contractual obligations by the contractor, his legal representative or managerial staff. These limitations of liability also apply in favor of the contractor's legal representatives and executives.
(2) Liability for damage resulting from injury to life, limb or health remains unaffected by these limitations of liability.
8 Obligation to disclaim liability in favor of the contractor
The client must agree a limitation of liability with his contractual partners (artists, athletes, spectators, etc.), also for tortious claims in favor of the contractor, in accordance with the provisions of § 7. Insofar as claims are made against the contractor as a result of the non-implementation of the aforementioned obligation, the client must hold the contractor free from these claims for damages.
9 Operation of the devices / disclaimer
(1) The equipment and materials used may only be set up, operated, used and dismantled within the framework of the technical regulations and only by competent persons. If objects are set up, operated or used without instruction and the presence of personnel of the contractor, the client must ensure that all applicable safety regulations, in particular the trade association accident prevention regulations and the guidelines of the Association of German Electrical Engineers (VDE), are continuously observed.
(2) If the equipment and materials used are damaged by improper operation, the client or the person responsible for the damage he has identified is liable to the amount of the new price of the damaged equipment and materials.
(3) The client must ensure an interference-free power supply for the duration of the contract. The client is responsible for any damage resulting from power failure or power interruptions or fluctuations.
10 Duty to provide information
(1) The contractor undertakes to carry out orders placed with him to the best of his knowledge and belief, taking into account the technical specifications, safety regulations and information in accordance with applicable law and the state of the art.
(2) Information transmitted will be treated confidentially, even after the individual order has been completed.
(3) Documents handed over will be returned to the client upon request after the order has been completed.
(4) The client is obliged to provide information that enables the order to be carried out properly within the agreed time frame. These can be: floor plans, technical plans and drawings, stage and sound systems, lighting plans, energy requirements and material lists.
(5) The provision of information also includes notification of the schedule of the planned event and the required deployment times. If it should turn out before or during the execution of the order that the information provided is insufficient, the client will be informed immediately.
(6) Unless otherwise agreed, the client is obliged to carry out the work coordination prescribed by the respective trade association (§ 6 DGUV regulation 1); The contractor is not liable for damage caused by the client violating this obligation.
(7) The client is obliged to inform the contractor in good time about special dangers and risks at the place of use before starting work.
11 Termination of Contracts
(1) A concluded contract for a production can only be terminated by both parties for good cause. This also applies to agreed additional services.
(2) There is an important reason in favor of the contractor, in particular if
(a) the client's economic circumstances have deteriorated significantly, e.g. B. if seizures or other enforcement measures are carried out against him or if insolvency proceedings or an out-of-court settlement procedure are applied for against his assets
(b) the client uses the materials and equipment in violation of the contract.
12 Data Protection
When personal data is processed in accordance with Art. 1 - 3 GDPR, the contractor's separate data protection declaration applies as part of the contract, as does these general terms and conditions.
13 Written Form
Insofar as the written form has been agreed or provided for in these terms and conditions, this will also be ensured by transmission by facsimile (fax) as well as by an electronic document that is provided with a qualified electronic signature in accordance with the Signature Act.
14 Final Provisions
(1) side agreements have not been made.
(2) Should a provision of the contract including the General Terms and Conditions be invalid or ineffective, this shall not affect the validity of the other provisions or the contract. The parties undertake to alternatively agree on the permissible regulation that comes closest to the economic goal they want.
(3) The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the contractor and the client, excluding the United Nations Convention on Contracts for the International Movement of Goods (CISG). The German language is the language of negotiations and contracts.
(4) The place of performance is the seat of the contractor.
(5) The place of jurisdiction, also for check and document processes, is the place of business of the contractor, provided that the requirements of Section 38 ZPO are met. This place of jurisdiction also applies if the client does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after conclusion of the contract, or if his place of residence or usual place of residence is not known at the time the action is brought.