General Terms and Conditions
General Terms and Conditions
Here you will find full details of our General Terms and Conditions.
General Terms and Conditions of BERLINEREI Eventagentur GmbH Part 1
concerning contracts with entrepreneurs for the conception, planning and implementation of congresses, conferences, corporate events, incentives and similar events.
1. Conclusion of contract
BERLINEREI Eventagentur GmbH (hereinafter referred to as “BERLINEREI”) shall prepare a written offer at the Customer's request. The contract shall come into effect upon receipt of the written order confirmation by BERLINEREI. The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2. Services, payment, offsetting
a) BERLINEREI shall design, plan, organize and execute the event in accordance with the Client's wishes. An essential part of BERLINEREI's service is the contribution of its qualifications and experience in the creative, artistic and organizational fields based on its special knowledge of the respective local conditions.
b) BERLINEREI shall be entitled to use the services of third parties, such as hall and club operators, conference and congress centers, restaurants, artists, catering, security, cleaning and transport companies, to fulfill its contractual obligations. This shall not affect the mutual contractual obligations of the parties.
c) BERLINEREI shall be entitled to demand the agreed price for its services in consideration of its activities during the planning phase and any preliminary work up to the full amount before the event takes place. The amount and timing of any partial payments to be made by the Customer shall be agreed in the contract.
d) BERLINEREI shall be entitled to adjust the agreed price accordingly in the event of price changes of third-party service providers to be used after conclusion of the contract and in the event of changes to the statutory value added tax. BERLINEREI shall inform the Customer immediately of any expected price changes. Should this result in a price increase of more than 5% within the calendar year in which the contract is concluded, the customer shall have the right to withdraw from the contract.
e) The Customer may only set off an undisputed or legally binding claim against a claim of BERLINEREI.
3. Withdrawal by the customer (cancelations)
If a contractual right of withdrawal of the customer is agreed, BERLINEREI may, if the customer makes use of this right, demand lump-sum compensation for services already rendered, arrangements made and expenses incurred, which shall be based on the proximity of the time of withdrawal to the contractually agreed time of room provision. The amount of this lump-sum compensation shall be agreed in the contract.
4. resignation from the BERLINEREI
If the customer fails to make an advance payment as agreed in accordance with Section 2 c), the BERLINEREI shall be entitled to withdraw from the contract after a reasonable grace period set by the BERLINEREI has expired. Furthermore, the BERLINEREI shall be entitled to withdraw from the contract if its services are ordered under misleading or false statements of material facts, e.g. in the person of the customer or the purpose, or if the BERLINEREI has reasonable grounds to believe that the event cannot be carried out in an orderly manner for reasons that lie in the person of the customer or the participants provided by him.
5. Liability of the BERLINEREI
The BERLINEREI is liable with the diligence of a prudent businessman for the obligations under the contract, as well as for the obligations of its legal representatives and agents with the following restrictions:
Liability for damages resulting from the slightly negligent breach of the primary obligations under this contract as described in sections 2 a) and 2 b) is limited to double the contractually agreed remuneration. Excluded from liability are any damages that are not typical for the contract and not foreseeable. Also excluded is liability for damages resulting from the slightly negligent breach of secondary obligations under this contract or from slightly negligent breaches of duty at the time of the conclusion of the contract. The above-described limitations of liability and exclusions do not apply to claims for injury to the life, body or health of the customer. Should disruptions or defects in the services of the BERLINEREI occur, the BERLINEREI will endeavor to remedy the situation as soon as it becomes aware of the situation or receives a complaint. The customer is obliged to do what is reasonable for him to eliminate the disruption and to minimize any possible damage. In addition, the customer is obliged to notify the BERLINEREI in good time if there is a possibility of exceptionally high damages. All claims against the BERLINEREI shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199, Subsection 1 of the BGB. Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply to claims based on grossly negligent or intentional breach of duty by the BERLINEREI and/or on injury to life, limb, health or freedom of the customer.
6. Force majeure
If the fulfillment of contractual obligations becomes impossible due to force majeure events, such as labor disputes, strikes, lockouts, natural disasters, fire, terrorist attacks, curfews, riots, war or other extraordinary and unforeseeable events, both parties to the contract shall be released from the obligation to perform and shall have the right to withdraw from the contract. In the event of withdrawal, advance payments already made to the BERLINEREI are excluded from reimbursement.
7. Final provisions
a) Amendments or supplements to the contract or these terms and conditions must be made in writing. This also applies to any waiver of the text form requirement. Unilateral changes or additions to the offer made by BERLINEREI by the customer are ineffective.
b) The place of fulfillment and payment is Berlin.
c) Berlin is the exclusive place of jurisdiction for commercial transactions. The same applies if the customer does not have a general place of jurisdiction in Germany and the requirements of § 38 para. 2 ZPO (Code of Civil Procedure) are met.
d) German law shall apply to the exclusion of the conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
e) Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. In this case, the parties shall agree on a new provision that comes as close as possible to the meaning of the invalid provision.
General Terms and Conditions of BERLINEREI Eventagentur GmbH Part 2
for use and publication of data, raw data, print templates, etc.
a) The BERLINEREI is not obliged to release files and layouts to the customer. If the customer wishes to receive these digital data, this shall be expressly agreed separately in a contract and shall be remunerated separately.
b) If the BERLINEREI has provided digital data or similar, these may only be changed with the consent of the BERLINEREI Eventagentur GmbH.
c) Data provided in the context of lectures and presentations remains the property of the BERLINEREI and may not be changed or reused without consent.
d) The customer may use the data and information provided by BERLINEREI for his own purposes only. He may not disclose them to any persons other than those employed in his company and their management, nor make them available to them. In particular, he is not authorized to pass them on to third parties. This applies to all data as well as to excerpts from these data.
e) Should unauthorized disclosure to third parties occur, BERLINEREI is entitled to demand compensation from the customer amounting to four times the additional price of the contractually agreed sum for the production of the data.
f) Data transmitted by the customer remains the property of the customer and will not be used or passed on by BERLINEREI without the customer's consent. BERLINEREI is obliged to back up and regularly save the data transmitted by the customer, as well as to store the data and documents associated with the execution of the order for up to one year after their last distribution or provision.
g) The BERLINEREI ensures that the raw data created individually for the customer, such as layouts or print templates, are not used for other customers.
h) The BERLINEREI assumes no liability for the further use of the BERLINEREI data by the customer. The customer alone is responsible for the lawful use of the data.
i) The risk and the costs of transporting data carriers, files and data online and offline are borne by the customer. The BERLINEREI is not liable for errors in files, data carriers, data that occur during data import on the customer's system.
j) The BERLINEREI is to be provided with sample copies of reproduced works free of charge and the BERLINEREI is entitled to use these sample copies for its own advertising.
k) For reasons of data protection and maintaining company confidentiality, BERLINEREI is generally not obligated to release data, invoices and documents of partners, service providers, subcontractors, guides, drivers and hostesses to third parties and/or customers. Exceptions require special approval and written regulation in advance of the conclusion of the contract.
l) The provisions in the terms of business in Part 3 shall continue to apply beyond the termination of the contract.
Design freedom and templates
The BERLINEREI shall have the freedom of design within the scope of the order. If the customer requests changes during or after production, the customer shall bear the additional costs. The customer warrants that he is authorized to use all templates provided by the BERLINEREI (e.g. data, samples, texts, photos, video) and that these templates are free of third-party rights. If, contrary to this assurance, the customer is not authorized to use the templates or if the templates are not free of third-party rights, the customer shall internally indemnify BERLINEREI against all third-party claims for damages. The obligation to indemnify shall not apply if the customer proves that he is not at fault.
