General Terms and Conditions
The following general terms and conditions shall form a component part of any contractual agreement made between P&R Events Nicole Proehl und Sandra Redlin GbR (referred to hereinbelow as “P&R Events”) and their clients, to the extent these are not consumers.
P&R Events expressly does not accept any general terms and conditions that its clients may have.
Section 1 – Services to be provided by P & R Events
1. As stipulated by the agreements made in the contract with the client, P&R Events will provide services in the fields of hotel reservations and hotel bookings; organization of transportation services for event participants; identification and lease of event venues including their furnishing, decoration and technical equipment (such as lighting and sound systems) and other equipment; organization of service staff and security officers; catering; planning and organization of entertainment programs (such as guided tours of the city, other forms of entertainment, artistic presentations), design and production of printed material (such as invitations, programs).
2. P&R Events may subcontract the services to third parties. Unless agreed otherwise, these third parties shall be contracted on behalf of P&R Events and for its account. In these cases, P&R Events shall not be under obligation to render accounts for the work and services done by third parties or to submit to the client invoices from third parties.
3. Unless otherwise agreed in writing, the services provided by P&R Events do not include the granting of industrial property rights (intellectual property rights, trademark rights and other ancillary copyrights).
Section 2 – Remuneration, Invoicing
1. All of the remuneration cited by P&R Events is net of value added tax, unless otherwise stipulated in the individual case. Any contributions to be made to the “Künstlersozialkasse” welfare and pension fund for artists need not be made separately by the client; they are part of the services provided by P&R Events.
2. The client shall make its payment following receipt of the invoice. P&R Events may transfer invoices via fax or e-mail should it so choose.
3. P&R Events may submit interim invoices for individual services, doing so immediately upon their having been rendered, even if the work contracted has not yet been completed.
4. Invoice amounts shall be due for payment immediately and are to be paid within fourteen (14) calendar days of the invoice being received. It is not the date on which the funds are transferred that shall determine whether or not payment was made in due time, but rather receipt of the funds by P&R Events. Any payments made to P&R Events shall be made exclusively by wire transfer, without any charges accruing to the recipient. Checks will not be accepted.
5. The client may make deductions from the invoice and exercise any rights of retention or rights to refuse performance they may be entitled to only for undisputed claims or claims that have been recognized by declaratory judgment.
6. In the event of a plurality of clients, they shall be held jointly and severally liable and shall be joint and several creditors of all of the work and services.
Section 3 – Work to be Done by the Client, Client’s Obligations
1. Should the client provide office space, areas, vehicles, technical equipment, staff or contribute in any other way to the contracted work, it shall be responsible for ensuring that they are suitable for the respective event and have the necessary official permits. It is incumbent on the client to obtain any approvals that may be required and to protect its work and services against general risks (such as damages or theft) and to insure that they do not cause any hazards.
2. To the extent the client supplies images, text, music or any other data (such as logos) that may be required for processing the contract, or should it commission P&R Events with procuring or using specific images, text, music or any other data, it is incumbent upon the client to ensure that the data so supplied or procured are suited for the use and purpose intended, and that the client is in fact authorized to so use them. In this regard, P&R Events is not under obligation to review this issue, neither in terms of the factual situation nor of the legal circumstances.
3. The client shall release P&R Events from any and all claims that a third party may lodge vis-à-vis P&R Events because the client has failed to comply with its obligations pursuant to paragraph 1 or 2, to the extent such claim is not based on any culpable or negligent act by P&R Events. The entitlement to such release from liability also covers those costs that are incurred in order to establish the cause and to review the claim and to defend against such claim in legal terms.
Section 4 – Impairments of Performance
1. Should the client default on payments, P&R Events may charge, without prejudice to any further-reaching claims, a lump-sum reminder fee in the amount of € 7.50 for each reminder, unless the client is able to prove that P&R Events has not suffered any damages, or only lesser damages.
2. Should the client fail to make any prepayment to P&R Events that the parties have agreed in an individual contract, P&R Events may exercise its statutory rights of retention.
Section 5 – Liability for Damages
1. P&R Events shall not be held liable for any pecuniary damages unless P&R Events or aperson employed by it in the performance of its obligations has acted intentionally or grossly negligently. This shall not affect its liability for the violation of obligations the fulfillment of which is an essential pre-requisite for the due and proper implementation of the contract, and in the fulfillment of which the client may generally trust (so-called “cardinal obligations”).
2. The liability for damages from injury to life, limb or health shall remain unaffected hereby.
Section 6 – Final Provisions
1. In the context of processing the contract awarded, P&R Events will capture, store and modify personal data and will transfer them to others. The client declares that it consents to this being done to the extent this is required for processing the contract. It is incumbent on the client to procure the corresponding consents of the individual event participants.
2. The laws of the Federal Republic of Germany apply, to the exclusion of private international law and the UN Sales Convention.
3. The place of jurisdiction for any and all disputes between the parties that may result from the contractual relationship shall be Berlin-Köpenick, to the extent the client is a merchant.
4. Should individual provisions of the present general terms and conditions prove to be ineffective, this shall not affect the effectiveness of the remaining provisions.
Status: January 22nd, 2009