General Terms and Conditions of Sense Events GmbH
GENERAL CONDITIONS OF ORDER - Events
.1. Scope
The Terms and Conditions of Contract apply to all contracts between the contractor "Sense Events GmbH" and its clients for consulting, planning, organization and implementation of events, unless otherwise expressly agreed in writing or required by law. General Terms and Conditions of the Client shall only be effective if they are consistent with those of the Contractor in terms of content or have been expressly accepted by the Contractor in writing.
2. Scope of the Order
. The subject of the order is exclusively the agreed service, not a specific success. The order shall be executed in accordance with the principles of proper professional practice. The Contractor shall be entitled to make use of competent employees for the execution of the order. The Client undertakes to make all information, material resources, etc. necessary for the performance of a service by the Contractor immediately available to the Contractor in the agreed form.
3. Placing and processing of the order
.
3.1
The placing of the order shall be in writing and shall be binding for both parties after the order has been confirmed. The Contractor has not made any promises not contained in the written contract and no other verbal agreements have been made.
3.2
The conditions stated in offer documents of the Contractor shall lose their validity if a contractual relationship with the recipient of the offer is not concluded within three months after receipt of the offer.
3.3
Insofar as the Contractor procures technical and other equipment from third parties for the Customer at the latter's instigation and after the latter's approval of the offer, the Contractor shall act in the name, with power of attorney and for the account of the Customer. The Customer shall be responsible for proper handling and return. The Customer shall indemnify the Contractor against any claims of third parties, unless the Contractor is at fault.
3.4
The client shall obtain any and all official necessary official permits for the implementation of the event at his own expense. He is responsible for compliance with these permits as well as all other legal regulations in connection with the event.
3.5
The client may use the name and trademark of the Contractor in the context of advertising his event only after prior coordination with the Contractor. All concepts, ideas and planning are the intellectual property of Congress Organisation Claudia Winkhardt and as such are protected by copyright. Any use or disclosure to third parties, for whatever purpose, is only permitted with the written consent of the contractor. Violations will be legally prosecuted.
4. Confidentiality
The Contractor and the Customer undertake to treat as confidential all knowledge of trade secrets and confidential information of the respective other party obtained within the scope of this contractual relationship and the respective individual orders for an unlimited period of time, even beyond the term of the contract. Both parties shall oblige all persons whom they employ in the context of the performance of this contract under the respective individual orders to maintain confidentiality and provide proof thereof upon request. Information shall also be deemed to be confidential if it is not expressly designated as such, but the respective transmitted party has a recognizable interest in keeping it confidential.
5 Liability and compensation
. The liability of the Contractor is excluded, with the exception of liability for gross negligence and intent, as well as for damages within the meaning of § 309 No. 7a BGB. Also unaffected is the liability for damages resulting from fraudulent concealment of defects, the assumption of a guarantee of quality, for claims based on the Product Liability Act and from the culpable breach of essential contractual obligations of the client.
5.1
The Contractor shall not be liable for damages incurred by the Client or third parties as a result of events having to be cancelled or postponed at short notice due to force majeure or other reasons for which the Contractor is not responsible.
5.2
The Contractor cannot be held liable for services not provided in accordance with the contract if information required for the provision of such service has either been withheld from the Contractor or has not been made available to the Contractor in full or in a timely manner upon request.
5.3
The conclusion of organizer's liability, property value and personal insurance as well as all other insurances is the responsibility of the client.
5.4
The Contractor shall not assume any liability for loss, destruction or damage of exhibition or other items, including personal items, brought into the event rooms, except in the event of gross negligence or intent on its part.
5.5
Claims for damages by the Client shall become time-barred after one year, unless a shorter period has been agreed and unless otherwise stipulated in these GTCs. The period shall commence at the end of the year in which the claim arose and the client became aware of the circumstances giving rise to the claim and the person of the debtor or could have become aware without gross negligence.
6 Force majeure
. Force majeure such as war, civil war, terrorism, riots, embargoes, natural disasters, pandemics, legislative activities, court decisions or official measures, or other unforeseeable circumstances for which the Contractor is not responsible, such as strikes or lawful lockouts, operational or transport disruptions, which prevent the Contractor from fulfilling its contractual obligations, shall extend or postpone agreed performance periods or performance dates in each case by the duration of the hindrance plus a reasonable start-up period. Deviating from this, the Contractor reserves the right to terminate the contract and to invoice for services already rendered instead of making an adjustment.
7. Terms of payment
7.1
The Client shall pay an advance fee of 25% of the agreed total fee to the Contractor against an appropriate invoice when the order is placed. Three days before the start of the event, 75% of the agreed total fee must be received in an account designated by the Contractor. The remaining amount is payable within 10 days after receipt of the invoice.
7.2
The fees stated by the Contractor do not include the statutory value added tax, which will be charged additionally at the applicable rate.
7.3
Invoices shall be settled by the Client without deduction. Arbitrary reductions of the invoice amount are inadmissible.
7.4
If payment is not made on time, the Contractor shall be entitled to charge the Client interest on arrears at a rate of 5% above the prime rate. For each month or part thereof in which a payment is in arrears, the parties agree on an expense allowance of € 5.00 for the processing and monitoring of incoming payments for the Contractor. The assertion of a claim for damages caused by delay exceeding this amount shall remain unaffected. The assertion of a defect expressly does not release from the timely payment of the invoice amounts.
7.5
. A set-off against claims of the Contractor is only permitted with undisputed or legally established claims.
8. Termination / Cancellation
. Unless otherwise agreed or required by law, the following provisions shall apply to the termination / cancellation of the contract:
8.1
If the Client terminates the contract, the Contractor shall be entitled to compensation from the damage actually incurred by it up to the time of termination.
8.2
If the client cancels, the following cancellation rates shall be agreed between the client and the contractor, whereby both parties reserve the right to prove higher or lower damages:
° Cancellation of the order by the client up to four months before the start of the event at the latest: 60% of the agreed fee.
° Cancellation of the order by the client between four and two months before the start of the event: 70% of the agreed fee.
° Cancellation of the order by the client within two months before the start of the event: 80% of the agreed fee.
8.3
If an advance payment agreed in accordance with section
6.1
is not made within a reasonable period set for this purpose, the Contractor shall be entitled to terminate the contract for good cause.
8.4
Furthermore, the contracting parties shall be entitled to terminate the contractual relationship for good cause without observing a notice period if facts exist on the basis of which the terminating parties can no longer be expected to continue the contract, taking into account all circumstances of the individual case and weighing the interests of the contracting parties. The Contractor may in particular terminate the contract without notice for good cause if ° the Contractor is commissioned with misleading or false statements of material facts; ° the Contractor has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety and the public reputation of the Contractor without this being attributable to the Contractor's sphere of control or organization; insolvency proceedings are opened against the assets of the Customer or the opening of such proceedings is rejected due to lack of assets or for other reasons.
8.5
The termination requires text form.
8.6 In the aforementioned cases of termination by the Contractor, the Customer shall have no claim for damages.
9. Place of Jurisdiction
9. Place of Jurisdiction
. Insofar as at least one of the contracting parties does not have a general place of jurisdiction in Germany, Berlin shall be agreed as the place of jurisdiction.
10. Other Provisions
.
10.1
. Deviating or supplementary conditions, ancillary agreements or changes to the service description shall only apply if they are agreed in writing.
10.2
. The contract concluded in accordance with these terms and conditions shall remain binding in its remaining parts even if individual points are legally invalid. Ineffective provisions shall be replaced by the parties with effective ones that come as close as possible to the intended purpose. The same shall apply in the event of a gap in the contract. Status: 25.11.2020
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GENERAL TERMS AND CONDITIONS - Incentives
In addition to the legal provisions of §§ 651 a. ff. BGB the following travel and payment conditions are agreed.
1. registration
1.1
By registering, the customer makes a binding offer to the tour operator, hereinafter also referred to as Sense-Events, to conclude a travel contract on the basis of the binding service descriptions and prices stated in the respective invitation to tender. The registration can be made in writing, orally or by telephone. The contract is concluded upon acceptance of the registration by Sense-Events. Sense-Events informs the customer about the acceptance by sending the travel confirmation/invoice.
1.2
The registration is made by the registrant also for all participants listed in the registration, for whose contractual obligations the registrant is liable as for his own obligations, provided that he has made a corresponding separate commitment by an express or a
1.3
If the travel confirmation deviates from the content of the registration, a new offer by Sense-Events exists, to which Sense-Events is bound for a period of 10 days. The contract is concluded on the basis of the new offer if the customer declares acceptance to Sense-Events within this period, which can also be done by a payment.
2. Payment of the travel price
.
2.1
Payments on the tour price prior to the end of the tour may only be made against handover of the chattel paper within the meaning of Section 651 k (3) of the German Civil Code (BGB). The security certificate is sent to the customer with the travel confirmation / invoice. Upon conclusion of the contract, a deposit on the tour price in the amount of 15% of the tour price is to be paid.
2.2
The remaining amount is due two weeks before departure, without further request, against delivery of the travel documents.
2.3
If the trip does not last longer than 24 hours, does not include an overnight stay and the travel price does not exceed EUR 75,-, the full travel price may be demanded even without handing over the security certificate.
3. services
.
3.1
The services provided by Sense-Events result from the description of services and the general information in the travel brochure as well as from the information in the travel confirmation referring to this. Additional agreements that change the scope of the contractual services require written confirmation by Sense-Events.
3.2
The information contained in the travel advertisements is binding for Sense-Events. However, Sense-Events expressly reserves the right to declare a change in the information contained in the travel advertisements prior to the conclusion of the contract, of which the traveler will of course be informed prior to booking.
3.3
If Sense-Events expressly arranges only individual travel services in the name of a third party, e.g. bus or ferry transportation, rental cars, etc., or travel programs of third party organizers, the conclusion of the contract and its content shall be governed by the respective terms and conditions of the third party contract partner of the traveler. These will be presented upon conclusion of the contract or are available upon request.
4. Changes in services and prices
.
4.1
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by Sense-Events against good faith, are only permitted insofar as the changes or deviations are not significant and do not affect the overall nature of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective.
4.2
Sense-Events is obliged to inform the traveler immediately of any changes or deviations in services. If necessary, Sense-Events will offer a free rebooking or a free withdrawal.
4.3
In the event of a significant change to an essential travel service, the traveler is entitled to withdraw from the travel contract without charge.
4.4
In the event of a change in exchange rates after the conclusion of the travel contract, the tour price may be increased to the extent that the tour has become more expensive for Sense-Events as a result.
4.5
A change is only permissible if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase have not yet occurred before the conclusion of the contract and were not foreseeable for Sense-Events at the conclusion of the contract.
4.6
In the event of a subsequent change in the tour price, Sense-Events must inform the traveler immediately. Price increases from the 20th day before departure are ineffective. In case of price increases of more than 5%, the traveler is entitled to withdraw from the contract without any fees. Or to demand participation in a trip of at least equal value, if Sense Events is able to offer such a trip from its offer without additional charge for the traveler.
4.7
The traveler must assert these rights against the tour operator immediately after the tour operator's declaration of the price increase or change in the travel service.
5.Withdrawal and rebooking of the customer
.
5.1
The traveler may withdraw from the trip at any time before the start of the trip. Decisive for the withdrawal date is the receipt of the withdrawal notice by Sense Events.
5.2
If the customer withdraws from the travel contract or does not commence the trip, Sense Events may demand the following lump-sum compensation in lieu of the concrete calculation of the cancellation fee, which is calculated according to the following percentages of the final price per travel participant.
In the case of package arrangements according to the advertisement (wellness and pleasure trips, cycling, hiking, golf trips, individual specials):
Up to and including the 30th day before departure: 20%, at least 50.-
From the 29th to the 22nd day before departure: 30%,
From the 21st to the 15th day before departure: 35%,
From the 14th to the 8th day before departure: 45%,
From the 7th day before departure: 75%
of the travel price.
For separately worked out arrangements according to individual offers such as incentives, company events, club and company outings, group trips:
Up to and including the 45th day before departure: 25%, at least 50.00.
from the 44th up to and including the 29th day before departure: 30%,
from the 28th to the 22nd day before departure: 35%,
from the 21st to the 15th day before departure: 40%,
from the 14th to the 8th day before departure: 60%,
from the 7th day before departure: 80%,
From the start of the trip or no-show: 90%
of the travel price.
The flat-rate cancellation compensation has been determined taking into account the expenses usually saved and the usually possible alternative use of the travel services. The travel participant is at liberty to prove to Sense Events that no damage or significantly less damage has occurred than the flat rate demanded by Sense Events.
5.3
Sense Events reserves the right to demand the actual additional costs incurred from the customer in the event of cancellation as well as, in particular, in the event of non-arrival and the resulting non-utilization of arranged services such as admission tickets (including musical and theater tickets).
5.4
Sense Events recommends the conclusion of a travel cancellation insurance, which is not included in the travel price.
5.5
If, at the request of the customer, changes are made after the conclusion of the contract for a date that lies within the temporal scope of the travel description with regard to the travel date, the travel destination, the place of departure, the accommodation or the mode of transport (rebooking), Sense Events is entitled to charge a rebooking fee of EUR 40,- per person. If the respective service providers charge higher fees in individual cases, Sense Events is entitled to charge these fees to the Customer. Rebooking is only possible up to the 30th day before the start of the trip. Later rebookings, if they are possible at all, can only be made after withdrawal from the travel contract under the aforementioned conditions and simultaneous re-registration. This does not apply to rebookings that only cause minor costs.
5.6
Until the start of the trip, the customer may request that a third party enter into the rights and obligations arising from the travel contract instead of the customer. Sense Events may object to the entry of the third party if it does not meet the special travel requirements or its participation is contrary to legal regulations or official orders. If a third party enters into the contract, he and the Customer are jointly and severally liable for the travel price and the additional costs incurred by the entry of the third party. The additional costs consist of the costs charged by the service provider for the change and our processing fee of EUR 40.
6. Services not used
. If the traveler does not take individual travel services as a result of early return or for other compelling reasons, the tour operator will seek reimbursement from the service providers for the expenses saved. This obligation does not apply if it is completely insignificant services or if a refund is contrary to legal or official regulations.
7.
Rescission and termination by the tour operator
. Sense Events may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:
7.1
Without notice, if the traveler persistently disturbs the performance of the trip regardless of a warning by the tour operator or if he behaves unlawfully to such an extent that the immediate cancellation of the contract is justified. If the travel manager cancels, he retains the right to the travel price, but he must take into account the value of the saved expenses as well as those benefits that he obtains from an alternative use of the unused service, including the amounts credited to him by the service providers.
7.2
Up to 2 weeks before the start of the trip in the event of news of a minimum number of participants advertised or set by the authorities, if a minimum number of participants is referred to in the travel advertisement for the relevant trip. In any case, Sense Events is obligated to inform the Customer immediately after the occurrence of the precondition for the non-implementation of the trip and to forward the notice of withdrawal to the Customer without delay. The customer will receive the paid travel price back immediately.
8.Cancellation of the contract due to extraordinary
circumstances
.
Circumstances
. If the trip is significantly impeded, endangered or impaired as a result of force majeure not foreseeable at the time of conclusion of the contract, both Sense Events and the traveler may terminate the contract in accordance with § 651 j BGB. If the contract is terminated, the tour operator may demand reasonable compensation for the travel services already provided or still to be provided at the end of the trip.
9. Liability of the tour operator
.
9.1
The contractual liability of Sense Events for damages other than bodily injury is limited to three times the tour price, insofar as a damage was caused neither intentionally nor by gross negligence or is based solely on the fact that a service provider used by Sense Events is solely responsible for the damage incurred.
9.2
For claims for damages in tort that are not based on intent or gross negligence by Sense Events and are not bodily injury, a limitation of liability per person and trip in the amount of three times the tour price is agreed. Sense Events recommends that such risks be covered by appropriate travel insurance.
9.3
Sense Events is not liable for service disruptions in connection with services that are merely brokered as third-party services and that are expressly designated as third-party services of third-party service providers.
9.4
Limitations or exclusions of liability based on international conventions, which may be invoked by a service provider used by Sense Events, also apply in favor of Sense Events.
10. Contractual Obligations and Customer's Duty to Cooperate
.
10.1
If the trip is not provided in accordance with the contract, the traveler only has the statutory warranty rights of redress, self-redress, reduction of the price of the trip, termination of the contract and compensation for damages if he or she does not culpably fail to notify Sense Events of a defect that has occurred during the trip.
10.2
The traveler can only remedy a defect himself or, in the case of a significant defect, cancel the trip, if he grants Sense Events a reasonable period of time to remedy the defect. A deadline is not required if the remedy is impossible or refused by Sense Events or the immediate remedy or termination is required by a special interest of the customer.
10.3
In case of a defect, please contact Sense Events - Email: info@sense-events.de
10.4
Sämtliche in Betracht kommenden Ansprüche müssen innerhalb eines Monats nach dem vertraglichen Reiseende möglichst schriftlich Sense Events gegenüber geltend gemacht werden. Nach Ablauf dieser Frist kann der Kunde Ansprüche nur geltend machen, wenn er ohne Verschulden an der Einhaltung der Frist verhindert worden ist.
10.5
Vertragliche Ansprüche verjähren in einem Jahr, beginnend mit dem Tag, an dem die Reise nach Vertrag enden sollte. Schweben Verhandlungen über vom Kunden erhobenen Ansprüchen, ist die Verjährung gehemmt, bis der Kunde oder Sense Events die Fortsetzung der Verhandlung verweigert. Die Verjährung tritt frühestens drei Monate nach dem Ende der Hemmung ein.
11. Pass-, Visa- und Gesundheitsbestimmungen
Es gelten die Bestimmungen der jeweiligen Destination.
