GENERAL TERMS & CONDITIONS EVENTURELINE GMBH&CO.KG
Below we would like to provide you with information about how we use your personal data. We, Eventureline GmbH & Co. KG, Kistlerhofstr. 70 / Building 60/160, upper floor 5, 81379 Munich, collect our customers’ and business partners’ data for the purpose of executing contracts and fulfilling our contractual and pre-contractual obligations. Data collection and data processing is required for execution of the contract and is based on Art. 6 (1) point (b) EU GDPR. In the context of our business relationship, those personal data must be provided that are required to record and execute a business transaction and fulfil the associated contractual obligations or that we are legally obliged to collect. Without these data, we are not in a position to conclude a contract or to execute it properly. If it is possible to provide information voluntarily, such information is marked accordingly on the collection form.
Other reasons for processing include consultation of and data exchange with credit agencies to determine creditworthiness and default risks, pursuit of legal claims and mounting of a defence in legal disputes, and guaranteeing the IT security and IT operations of our company. Data processing of this sort is based on our legitimate interest as the data controller pursuant to Art. 6 (1) point f.
Other legal bases for data processing include statutory obligations and consent to do so.
The processed data are provided to the following recipients exclusively for a specific purpose in accordance with the principle of minimisation of disclosure:
-Internal units that are involved in the execution and fulfilment of the relevant business processes (e.g. HR management/control, bookkeeping, marketing, sales, IT organisation)
-Banks, financial institutions for processing payment transactions
-Legal practices and the relevant court of jurisdiction for pursuit of claims
-IT service providers for software maintenance in the context of commissioned processing
-Public bodies (authorities) in relation to statutory information and notification obligations Insurance companies to deal with claims
-Credit agencies for the purposes of credit checks in the case of a credit risk and for debt collection
-External contractors (service providers) pursuant to Art. 28 EU GDPR
– Partner companies in connection with the work
contracted by the client
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third party services or if data is disclosed or transmitted to third parties, this happens only to fulfil our (pre-) contractual obligations, on the basis of consent, on the basis of a legal obligation or on the basis or our legitimate interests. Subject to statutory or contractual permission, we process or arrange for the processing
of data in a third country only if the particular requirements of Art. 44 et seqq. EU GDPR are in place.
In other words, processing takes place, for example, on the basis of specific guarantees, such as the officially recognised confirmation of a data protection level corresponding to that of the EU or compliance with officially recognised, special contractual obligations (so-called “standard contractual clauses”).
You have the right to object to the processing of personal data relating to you at any time, with effect from that point forward.
You also have the right to apply for information about the data about you stored by us and, if the data are incorrect, to demand rectification or, if the data have been stored unlawfully, to demand erasure, provided that no other statutory retention periods prevent this or retention of the data is not required for legal prosecution. In these cases, your data will be blocked. In addition, you have the option to apply for the data to be transferred at the end of the business relationship (data portability). If your personal data are stored on the basis of your personal consent, you may withdraw that consent. Your withdrawal then applies from the point in time at which it is made.
Various retention obligations and periods are specified by law. When these periods have elapsed, the corresponding data and records are routinely erased if they are no longer required to fulfil contracts. For example, financial data and data required under commercial law for a completed financial year are erased after a further ten years in accordance with statutory requirements, provided that no longer retention periods are prescribed or are required for legitimate reasons. In the area of HR management and control, shorter erasure periods are used in certain areas. This applies, in particular, to rejected applications and warnings. Where data are not covered by this, they are erased without request when the specified purposes no longer apply.
Registrations forms are kept for the statutory minimum period in accordance with the applicable registration legislation in the individual hotels and accommodation and are then carefully destroyed using a process that ensures data protection.
As a matter of principle, we do not use any exclusively automatic decision-making within the meaning of Art. 22 EU GDPR to establish and implement the business relationship.
You can contact our data protection officer at datenschutzbeauftragter@datenschutzexperte.de. You also have the right to lodge an objection with a data supervisory authority. Eventureline GmbH & Co.KG uses technical and organisational security measures in accordance with Art. 32 EU GDPR to protect the data controlled by it from accidental or intentional manipulation, loss, destruction or access by unauthorised persons. The security measures used are improved continuously in accordance with technological developments. This means that Eventureline GmbH & Co. KG stores the information about you covered by data protection exclusively on secure systems in Germany. Only a small number of authorised people who are specifically obliged to protect the data and are involved in technical, administrative or editorial support have access to them.
Section 1 Scope
(1) These General Terms & Conditions of Business (hereinafter “Terms & Conditions”) apply to all contractually agreed services between the client and Eventagency Eventureline GmbH & Co. KG, proprietors Nina Jaeschke and Martin Haerer, Kistlerhofstr. 70, 81379 Munich (hereinafter referred to as the “Agency”). Those services comprise, in particular, the design of events, organisation, planning and support for the running of events, client support and arrangement of external services in connection with the running of events.
(2) For all events, the event organiser in the legal sense is always the client and not the Agency, irrespective of the type of service provided.
(3) On appointment of the Agency, the client accepts these Terms & Conditions.
(4) These Terms & Conditions apply exclusively. General terms & conditions of the client apply only if they have been expressly accepted by the Agency in writing.
Section 2 Scope of service, conclusion of contract
(1) The scope of service is determined by the individual service commissioned by the client in the areas of events, transport, hotels and 1:1 marketing, and is specified in detail in the respective quotation or other contractual agreement with the Agency.
(2) Time-limited quotations are binding only for the corresponding period and may be accepted only within that period.
(3) The order is confirmed by the Agency verbally, in writing or in text form, but in any case by provision of the contractual service.
(4) In addition to the provision of its own services, the Agency may also act as an agent (arranging hotels, boats, private jets, etc.). Insofar as the Agency acts as an agent for other services and concludes contracts with third parties for the provision of those services on behalf of the client, conclusion of such contracts is in the name and on the account of the client.
Section 3 Rights to drafts and concepts
(1) All proprietary rights that arise in connection with provision of the service (brand rights, patent rights, copyright, protection of work under competition law, etc.) remain with the Agency. This also applies if the Agency makes use of third parties in the context of provision of the service. Any use or exploitation of commercial proprietary rights of the Agency by the client requires the written consent of the Agency.
(2) The client is entitled to use the concepts, drafts, etc. drawn up by the Agency only step by step in return for payment of the contractually agreed remuneration and, in terms of content, only for the purposes envisaged by the contract. The Agency has sole authority to modify or edit drafts and concepts. Duplications are permitted only with the express prior consent of the Agency.
(3) Templates, working films and negatives that are made by the Agency or on its behalf remain the property of the Agency. This also applies if the client is invoiced for them.
(4) If the Agency works in accordance with specifications, documents or concepts of the client, the latter shall bear sole responsibility for ensuring that the Agency’s services based on them do not breach the proprietary rights of third parties. The Agency is not obliged to perform any checks in this connection. The client shall indemnify the Agency against all third-party claims relating to competition rights, copyright, name and brand rights – including the costs of legal defence – which third parties pursue against the Agency for any breach of proprietary rights. The Agency is entitled to demand appropriate advance payment from the client for defence or settlement of claims of this sort.
Section 4 Disruptions to service; default
(1) The Agency is not liable if it is impossible to perform the service as a result of force majeure or other events that were not foreseeable on conclusion of the contract (e.g. disruptions to operations of any sort, problems with the procurement of materials or energy, transport delays, strikes, lawful lock-outs, a shortage of labour, energy or raw materials, problems in obtaining official licences, official measures or failure to deliver, incorrect deliveries or late deliveries by suppliers, or other unforeseen events such as natural disasters or acts of terrorism, war, etc.) and for which the Agency is not responsible. The Agency shall inform the client of circumstances of this sort as soon as it becomes aware of them. As far as possible, the contracting partners shall adapt the provision of the contractual services to such events; otherwise the Agency is exempt from the obligation to perform the service.
(2) The point at which a delay in the service occurs is determined by the statutory regulations. In any case, a reminder from the customer is required.
Section 5 Obligations of the customer and prohibited use
Insofar as is necessary to perform the contractually agreed service, the customer shall cooperate promptly to the extent required. In the event of the client’s failure to cooperate, failure to cooperate
properly or to do so promptly, the Agency is entitled to perform its service at a later date or to demand reimbursement for the additional time and costs involved as a result of the client’s failure to cooperate.
(2) The client is obliged to receive the contractually agreed services at the agreed location and at the agreed time. If this does not happen, does not happen on time and/or happens in contravention of the agreements or requirements, the client shall be in default of acceptance. The statutory effects of default of acceptance apply to this extent. The client shall reimburse the Agency for the additional time and costs involved.
(3) Means of transport provided by the Agency in the context of provision of the contractual services may not be used:
- a) to carry flammable, toxic or other hazardous materials
of any sort - b) to commit criminal acts, even if these only risk punishment
under the law of the place at which they are perpetrated - c) for journeys that are outside contractual use
- d) by third parties, unless this is expressly agreed by contract,
or for the commercial transport of persons - e) in any other way that contravenes the contractual agreement or the standard technical regulations of normal use.
The client is further forbidden to request or attempt to persuade the driver to engage in the uses specified under Section 5 a) to e). Contravention of the above regulations entitles the Agency to terminate the contract immediately and to demand compensation for the losses incurred by the Agency. Claims for compensation by the client are excluded. (4) The client shall ensure that it fulfils all statutory, official and other obligations that apply to it as the event organiser. The client shall indemnify the Agency against all claims that arise from breach of obligations by the client as the event organiser and from contracts that the Agency concludes for the client, e.g. agreements to hire the location of the event. The Agency is entitled at any time to transfer fulfilment of individual services to third parties. These are appointed in the name and on behalf of the Agency. It is not obliged to present separate invoices for the services provided by third parties on its behalf.
Section 6 Payment, default, involvement of third parties
(1) The client is obliged to pay the agreed remuneration plus Value Added Tax at the statutory rate. The payment terms specified on the invoice apply.
(2) Unless agreed otherwise, the Agency is entitled to invoice for the contractually agreed remuneration as follows:
- a) 25% of the total directly on placement of the order;
- b) 50% of the total 30 days before the event or performance of the service;
- c) 25% of the total after the event or performance of the service.
(3) The Agency is also entitled to demand advance payment of costs and outlays from the client. For an order value above €8,000.00 net, the Agency is entitled, notwithstanding paragraph 2, to demand advance payment of 2/3 of the total from the client one week before performance of the service. The Agency is further entitled to issue part invoices for services already performed.
(4) Payment shall be made exclusively to the Agency’s account. Discounts are permitted only if they have been expressly agreed at least in text form.
(5) For clients who are entrepreneurs, default interest in the amount of 9% p.a. above the respective base interest rate shall be charged, and for clients who are consumers, in the amount of 5% p.a. above the respective base interest rate. The Agency expressly reserves the right to claim damages for default of a higher amount. This is without prejudice to the Agency’s claim to commercial default interest (Section 353 of the German Commercial Code).
(6) In the case of payments by credit card, the fee incurred (5% of the sum in question) shall be added to the invoice amount.
(7) Outlays that come about in the course or provision of the service shall be passed on to the client plus a flat rate charge for expenses of 10%, unless agreed otherwise
(8) The Agency shall invoice separately for additional expenses that become necessary as a result of incorrect information from the client, transport delays that are not the fault of the Agency or prior service by third parties who are not vicarious agents of the Agency completed incorrectly or not at the correct time.
Section 7 Termination, cancellation
The client is entitled to cancel services that have been ordered.
The following cancellation fees then apply as flat-rate compensation, depending on the time of cancellation:
10% of the order total – from placement of the order
30% of the order total – from 3 months before the start of the service
50% of the order total – from 10 days before the start of the service
100% of the order total – from 3 days before the start of the service
The Agency expressly reserves the right to claim further compensation. Any advance payments made shall be offset against the cancellation fees due. In the case of cancellation of third-party services, the cancellation conditions of the third party also apply.
(1) The cancellation fees specified in para. 1 also apply if the client fails to make a cancellation but completion of the event is impossible because of circumstances that can be ascribed to the client’s area of risk and for which the Agency is not responsible or is only responsible to a minor extent.
(2) This is without prejudice to the mutual right to termination without notice for good cause.
(3) The termination must take written form, although in urgent cases submission in text form is sufficient, provided that the original follows immediately by post.
(4) The Agency may terminate the contract before the service commences if it is unable to perform the service for good reason, e.g. force majeure or other reasons for which the Agency is not responsible. In this case, the customer shall be notified immediately.
Section 8 Liability for defects
(1) Notification of any complaint in relation to defects in the service must be sent to the Agency with a precise description of the type and extent of the defect in question. The Agency cannot accept liability for obvious defects or defects that are apparent on appropriate inspection unless they are reported in writing within 10 days of delivery or provision of the services – and immediately in the case of registered traders.
(2) No liability can be accepted for minor defects and those that result from a breach of the client’s cooperation obligations or failure to comply with the Agency’s instructions.
(3) If, in principle, the Agency is liable, the Agency is entitled to provide supplementary performance at its discretion either in the form of rectification of the defect or repeat performance. If supplementary performance fails, the Agency is entitled to repeat supplementary performance. In this case, too, the choice between repeat performance and rectification of the defect is entirely at the Agency’s discretion.
(4) If the defect cannot be rectified – in particular if time has passed in the case of events – or supplementary performance fails again, the client is entitled to reduce the agreed remuneration or, at its discretion, to withdraw from the contract.
(5) A claim to compensation exists only insofar as the Agency or its employees or vicarious agents are responsible for malicious intent or gross negligence or the Agency has provided a guarantee of the quality of the service. Compensation is restricted in any case to the negative interest. Compensation for consequential damage following defects is excluded provided that it does not result from malicious intent.
(6) Claims for liability for defects expire one year from performance of the service.
Section 9 Other liability
(1) Otherwise, the Agency is obliged to pay compensation (including for indirect damage or consequential damage), irrespective of the legal basis, only insofar as it, its employees or vicarious agents are guilty of malicious intent or gross negligence and in the case of loss of life, physical injury and damage to health, if it provides a warranty, or demonstrates bad faith.
(2) Irrespective of the legal basis, the Agency is not liable for damage caused by minor negligence unless significant contractual obligations have been breached, the fulfilment of which is necessary to achieve the purpose of the contract, in which case the Agency’s liability is limited to damage typical of the contract and foreseeable on conclusion of the contract.
(3) In the case of minor negligence involving insignificant contractual obligations, the Agency’s liability is excluded.
(4) If the contract cannot be executed as a result of force majeure, disruptions to operations or similar circumstances which the Agency could not have foreseen and for which it is not responsible, the Agency is not under any obligation to pay compensation.
(5) If quotations are drawn up on the basis of specifications or documents of the client, the Agency is not liable for the accuracy or suitability of the specifications/documents unless it is guilty of malicious intent or gross negligence in this connection.
(6) If damage is caused by both contracting partners, the client’s joint culpability shall be taken into account in proportion to involvement in causing the damage.
Section 10 Data
All of the data collected by the client are processed and used exclusively to administer the contractual relationship entered into and for the Agency’s own legitimate interests. Attention is drawn expressly to the Agency’s current privacy policy. Data are forwarded only insofar as this is necessary to perform the services. Otherwise, data processing is carried out in accordance with the provisions of relevant data protection legislation.
Section 11 Confidentiality
(1) Both contracting partners shall treat the business and operating secrets of the other contracting partner and any information that is not publicly accessible as confidential. Both contracting partners undertake to use confidential information only for the contractually agreed purposes. Both contracting partners shall, as a minimum, take the precautions that they would take in respect of their own confidential information. Such precautions must at least be appropriate to prevent information being passed on to unauthorised third parties. Both contracting partners are also obliged to prevent unauthorised disclosure or use of confidential information by their customers, employees, subcontractors and legal representatives. The contracting partners shall inform one another in writing if misuse of confidential information comes about.
(2) Information is not deemed to be confidential if:
– it was known to the other contracting partner before it was communicated to it;
– it was passed on by a third party;
– it has become public knowledge by other means;
– it has been developed independently and without using
the confidential information;
– it has been released for written publication; or
– it has to be released on the basis of a court or official ruling,
provided that the contracting partner is informed in good time before it is passed on so that it can initiate protective legal measures.
(3)The Agency is authorised at any time and without demonstrating a legitimate interest to document the services provided for the customer and to use this information for its own advertising purposes.
Section 12 Subcontractors
The Agency is entitled at any time to transfer fulfilment of individual services to third parties. These are appointed in the name and on behalf of the Agency. The Agency is not obliged to present separate invoices for the services provided by third parties on its behalf.
Section 13 Ancillary agreements/additions
Agreements between the contracting partners that go beyond these Terms & Conditions apply only if they are confirmed in writing. This requirement may be waived only in writing.
Section 14 Applicable law and place of jurisdiction
(1) The contractual relationships between the contracting partners are governed by German law, with exclusion of the UN Convention on the International Sale of Goods, even if the client’s place of residence or registered office is abroad.
(2) The place of fulfilment is Munich. If the client is a merchant within the meaning of Section 38 of the German Code of Civil Procedure or a legal person under public law or a special fund under public law, Munich is the place of jurisdiction.
Section 15 Severability clause
Should one or more provisions of the contract or these Terms & Conditions be invalid and/or unenforceable, the validity of the remaining provisions remains unaffected by this. The invalid or unenforceable clause shall be replaced by a provision that comes as close as possible to the intended legal and commercial purpose of the original provision, provided that this does not bring about a significant change to the content of the contract; the same applies if any issue that requires regulation is not expressly regulated.
