General Terms and Conditions
§ 1 Preamble
(1) These General Terms and Conditions of Business apply for all business relationships between event lab. GmbH and its business partners in connection with planning, organising and staging congresses and events in Germany or abroad.
(2) Unless agreed in writing by event lab. GmbH, different general terms and conditions of business or purchasing issued by the other contracting party are not part of the agreement. This also applies in the event that event lab. GmbH does not expressly object to the general terms and conditions of business of the other party.
§ 2 Conclusion of the contract
(1) On request, event lab. GmbH sends the client a binding offer to conclude a contract. When the client accepts this offer in writing, a binding contractual relationship is entered into. event lab. GmbH is entitled to set a deadline for the client to accept the offer. After the expiry of this deadline, event lab. GmbH is no longer bound to the offer.
§ 3 Scope of services
(1) The scope of the contractual obligation derives exclusively from the description of services defined by event lab. GmbH. Any additional agreements which amend the contractually agreed obligations must be expressly confirmed in writing.
(2) event lab. GmbH may change or deviate from individual contractual obligations after the conclusion of the contract if it becomes necessary to do so and if the changes or deviations are not significant and do not affect the overall intention of the contractual obligations. event lab. GmbH undertakes to inform the client immediately of any changes to or deviations from the contractual obligations.
§ 4 Charges and terms of payment
(1) The client undertakes to pay the agreed charges to event lab. GmbH. This also applies in the case of costs payable for third party services insofar as they have been advanced by event lab. GmbH within the framework of the contractual agreements.
(2) Unless agreed otherwise, third party suppliers will be commissioned in the name of and for the account of event lab. GmbH. In such cases, event lab. GmbH is not obligated to account for the services or to present the accounts of the party or parties commissioned.
(3) Services not specified in the offer of services which are carried out at the request of the client or additional costs incurred as a result of incorrect information provided by the client, delays in transport caused through no fault of event lab. GmbH, delayed or faulty delivery of service by third parties who are not contractual partners of event lab. GmbH will be charged to the account of the client in accordance with event lab. GmbH’s current rates.
(4) Prices are net in EURO and do not include statutory VAT at the applicable rate.
(5) The payment date is in accordance with the agreed terms of payment. event lab. GmbH is entitled to request advance payment. Advance and outstanding payments are to be made in due time and without deductions to the account specified by event lab. GmbH in accordance with the contractually agreed terms of payment, citing the invoice number.
(6) event lab. GmbH is entitled to invoice the client for each service immediately after performance. Unless agreed otherwise, payment is due upon receipt of the invoice.
§ 5 Right of set-off and right of retention / assignment
The client may set claims from event lab. GmbH off against undisputed or legally binding entitlements only. The client is entitled to assert a right of retention on grounds of counterclaims from the same contractual relationship only. The assignment of claims is excluded.
§ 6 Withdrawal / termination / cancellation
(1) Unless otherwise agreed and insofar as the client has been granted a contractual right to withdraw from and/or cancel the contract, the client is to reimburse event lab. GmbH for costs incurred up to the point of withdrawal.
(2) In the event of cancellation, the client is liable to compensate event lab. GmbH for the foregone earnings as well as a pro rata cancellation fee to be calculated as a percentage of the remuneration agreed in the contract. The withdrawal compensation will be determined by event lab. GmbH taking into account the normal expenses that have been saved. The right to demonstrate higher damages remains unaffected. The client may demonstrate that event lab. GmbH has incurred no damage or no damage in the amount claimed.
(3) The withdrawal is to be made in writing and becomes effective upon receipt by event lab. GmbH.
(4) The right to withdraw from the contract or to terminate the contract for cause shall remain unaffected by the above provisions.
§ 7 Force majeure
(1) event lab. GmbH is entitled to cancel, postpone or shorten the event in the case of compelling reasons for which it is not responsible or in the case of force majeure. If the event does not take place for the aforementioned reasons, event lab. GmbH may retain up to 25% of the invoice amount as general expenses, unless the client demonstrates that event lab. GmbH has not incurred losses or has not incurred losses to the claimed amount. event lab. GmbH may make further claim against the client only if the client has commissioned special, additional chargeable work.
(2) If the event is materially obstructed, endangered or impaired due to force majeure that was not foreseeable at the time the contract was concluded, both event lab. GmbH and the client may terminate the contract. If the contract is terminated, event lab. GmbH may demand appropriate compensation for services already rendered or still to be rendered in order to terminate the event.
§ 8 Liability
(1) event lab. GmbH takes out liability insurance covering personal injury and damage to property in connection with the staging of the specific event.
(2) Over and above this, event lab. GmbH is not liable for losses suffered by the client due to breach of contractual or tortious obligation. This does not apply in the case of liability caused by breach of an essential contractual obligation, to a liability caused by injury to life, body or health, or to liability caused by intentional or grossly negligent breach of duty by event lab. GmbH, its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfilment enables the proper execution of the contract in the first place and compliance with which the customer may normally rely upon.
(3) In the event that event lab. GmbH makes an offer of services with increased risk, event lab. GmbH may require a separate exclusion of liability to be concluded. Upon request by the client, event lab. GmbH undertakes to arrange liability insurance appropriate for the increased risks, where these are insurable. In the case that the client considers the coverage of the liability insurance arranged by event lab. GmbH insufficient, event lab. GmbH is obliged to arrange higher insurance cover at the request of the client. The premiums for additional insurance taken out upon request of the client are to be reimbursed by the client to event lab. GmbH. In all other respects, the liability regulations above remain applicable.
(4) event lab. GmbH assumes no liability for materials, devices, premises and spaces provided by the client or third parties for staging events. The client releases event lab. GmbH from any liability claims in this regard.
(5) event lab. GmbH is not liable for disruptions to performance and losses suffered in connection with services that are procured only as outside services and/or that are explicitly marked as outside services in the offer of services.
§ 9 Services procurement
(1) Where event lab. GmbH acts as an intermediary and agency for services, artistic performances etc., the client undertakes to refrain from using the contacts established by event lab. GmbH to conclude business directly. This undertaking is not restricted to the term of the specific agreement. In the event of breach of this obligation, the client undertakes to pay a contractual penalty of 5000.00 EUR to event lab. GmbH, whereby each singular act will be deemed an individual breach. Furthermore and regardless of assertion of the aforementioned contractual penalty, event lab. GmbH is entitled to claim in full further damages and expenses incurred.
(2) Where event lab. GmbH acts as an intermediary in the name and on behalf of the client, the client directly bears costs arising in connection with staging the event, such as GEMA [performance rights], local taxes, etc., unless otherwise agreed in writing.
(3) Where event lab. GmbH is to invoice services in the name and for the account of the client, the client is obligated to pay any value added tax in due form and time to the responsible tax authority.
§ 10 Impairments of performance
(1) Should a service not be performed or not be performed in accordance with the contract, the client is to notify the deficiency immediately and demand remedy. The customer may refuse substitute performance by event lab. GmbH only if the substitute performance is not reasonable for an important reason recognizable to event lab. GmbH, in particular if the acceptance of the substitute performance would impair the overall quality of the event.
(2) In the event of impairment of performance, the client is to avoid or minimise losses in accordance with the statutory obligation to reasonably contribute to minimising losses.
(3) In the event that the client desires a reduction in the contractual charge payable due to allegedly poor performance by event lab. GmbH, the client is obligated to inform event lab. GmbH without delay, stating reasons. If the contractual partner is a merchant, a legal entity or an entrepreneur in the sense of § 14 BGB [German Civil Code], warranty and reduction claims may be asserted only if a defect in performance has been reported and asserted immediately in the sense of § 377 HGB [German Commercial Code] after the contractually foreseen end of the event.
(4) If the client provides facilities and spaces for staging the event, the client is responsible for ensuring that the facilities and spaces are approved and are suitable for the event. In this case, the client assumes in particular the obligation to obtain any necessary permits, to secure access to the facilities and the spaces themselves against general hazards, and to eliminate risks. The client assumes responsibility for traffic safety for the facilities and spaces provided by the client. The client releases event lab. GmbH from any liability resulting from a breach of the obligation to ensure traffic safety or from the condition or location of the premises and spaces.
§ 11 Confidentiality
(1) The parties undertake to maintain absolute confidentiality and secrecy vis-à-vis third parties with regard to all procedures and data deemed worthy of protection for the entire duration of the cooperation and also after termination of this agreement. Each party is to pass this obligation on to the persons and vicarious agents involved in the tasks and is also to oblige them to maintain confidentiality.
(2) The contractor undertakes with respect to event lab. GmbH to pay a contractual penalty of 5000.00 EUR for each breach of the confidentiality obligation, whereby each singular act will be deemed an individual breach. Regardless of assertion of the aforementioned contractual penalty, event lab. GmbH is furthermore entitled to claim against the client for any further losses and for reimbursement of expenses in their entirety.
§ 12 Data protection
(1) event lab. GmbH treats all personal data in accordance with statutory requirements, in particular in accordance with the provisions of the BDSG [Federal Data Protection Act]. The collection, storage and processing of personal data is unavoidable for registration for a congress or event. It is undertaken exclusively for the purpose of organizing and staging the congress or event. The data is passed on only to third parties directly involved in the congress or event and if the organisational process makes this necessary (e.g. organiser, congress centre, suppliers for the trade exhibition / presentation services).
(2) By signing the registration form provided by event lab. GmbH, the signatory consents to the personal data provided being collected, stored, processed and passed to third parties, e.g. the event organiser, in the context of staging the event and in accordance with the respective requirements. All personal data provided to event lab. GmbH for staging the event is protected against improper use in accordance with BDSG. The client consents to the storage of data necessary for processing the commission.
§ 13 Final clauses
(1) Should one or more provisions of this agreement be or become invalid, or should this agreement contain a loophole, this will not affect the validity of the remainder of the agreement. In the event that an invalid and/or ineffective provision or a loophole is discovered, the parties will agree on a provision that comes as close as possible to the economic intentions of the contracting parties, taking into account the statutory provisions.
(2) This agreement is valid in the written form only. No collateral agreements have been made. Any amendments, collateral agreements or supplements require the written form to be effective. This also applies to the waiver of the requirement for the written form itself.
(3) This translation into English is for information purposes only. In the event of dispute, the original German version [Allgemeine Geschäftsbedingungen] applies.
(4) The place of jurisdiction for all contractual claims arising from the business relationship is Leipzig. The law of the Federal Republic of Germany is applicable. Place of performance is the respective venue.