Our general terms and conditions
§ 1 Area of application
(1) International Event Solutions (hereinafter called “IES“) performs its services for the contractual partner (hereinafter called the “Client“) exclusively on the basis of these General Terms and Conditions of Business.
(2) Any divergent General Terms and Conditions of Business of the Client only apply in so far as IES has expressly agreed to them in writing.
§ 2 Contract conclusion
(1) An offer made by IES is only deemed to be an offer for the purpose of the conclusion of a contract if it is expressly designated as a binding offer.
(2) In all other cases the statement by the Client that he wishes to accept an offer, a cost estimate or similar constitutes an offer to conclude a contract. The Client will remain bound by his offer for four weeks. The contract is only concluded if IES accepts this offer.
§ 3 Costs for the preparation of a offer
If a (potential) client asks IES to prepare an offer (in the form of a presentation or similar complex portrayals) and the order is then not placed with IES, the latter is entitled to invoice a reasonable fee for the preparation of the offer or development of the concept; IES may calculate this invoice using its customary hourly or daily rates in so far as nothing was agreed to the contrary or lower or higher daily rates formed part of the offer.
§ 4 Prices, remuneration, terms of payment
(1) All prices are strictly net, expressed in Euros (€) and do not include Value Added Tax.
(2) All costs listed in a budget prepared by IES are estimated prices and are based on the latest plans at the time of the preparation; they are subject to changes for which IES is not responsible. The right is reserved to make necessary changes not caused by IES. In this respect all services offered are performed subject to their availability at the time of the conclusion of the contract by IES. Should a service which is offered be no longer available, IES will so inform the Client without delay and, if requested, will reoffer this subject to the provisions of Clause 4.5.
(3) Unless otherwise agreed, the following are not included in lump sum fees and will be invoiced separately in accordance with the expenditure incurred:
a. Travelling costs,
b. Costs of overnight accommodation,
c. Out-of-pocket expenses,
d. Telecommunication costs.
(4) The following are not included in the cost schedules and the offer unless expressly identified as such therein:
a. Costs for performing rights societies,
b. Country-specific fees and taxes.
(5) Additional services which are not the subject of IES‘s offer and/or were unknown and/or unforeseeable to IES at the time the offer was prepared or which are based on a request by the Client, the belated necessity for which was not caused by IES, must be paid for separately. This additional remuneration will correspond to the agreed remuneration (if necessary pro rata). If additional third party services are required, a handling fee of 15% of the relevant third party costs will be invoiced in cases of doubt. In each case the Client must reimburse IES for the additional costs actually incurred.
(6) If third party services are not already expressly included in the remuneration of IES but are incurred in addition, and in the event that IES must make payments to third parties to meet its contractual obligations, the Client is obliged to pay these charges to IES before they fall due for payment or pay them directly to the third party on the due date of payment. If the Client makes these payment late, he alone is liable for all the resultant claims.
In this respect the right is reserved to align the terms of payment to those of the service-provider in so far as these were not already known to IES at the time of the calculation.
(7) IES is entitled to invoice each individual service immediately after it is performed.
(8) In so far as a due date for payment is not specifically agreed or defined, the generally applicable due date for payment is 10 days after receipt of invoice.
(9) Any bank charges, expenses and other costs for payments from abroad as well as fees for cheques are for the Client’s account.
(10) Detailed accounts of the services rendered for a project will be prepared by IES as soon as all invoices for service-providers engaged for the event are available to IES.
§ 5 Subject of the contract
(1) Unless otherwise expressly agreed, the Client is the organiser.
(2) The subject of the contract is derived from the specific offer of IES or specification of services prepared by IES.
(3) The documents, drawings, images, technical data and descriptions of services contained in the web-pages, brochures, circulars, advertisements and price lists of IES or the documents, drawings, images, technical data and descriptions of services belonging to the offer are not binding in so far as they are not expressly designated as binding in IES‘s acceptance.
(4) The subject of the contract takes the latest legislation and the best available technology at the time of the preparation of the offer and calculation as its basis.
(5) All services offered are subject to the relevant availability at the time of the conclusion of the contract plus a reasonable time for its processing and confirmation by IES. Should a service which is offered be no longer available, IES will so inform the Client without delay and, if requested, offer afresh.
§ 6 Obligations and rights of IES
(1) In so far as IES acts as the main contractor and concludes contracts in its own name and for its own account, IES is not obliged to disclose these contractual relationships.
(2) IES may withdraw from events, participation in which necessitates a particular physical or other fitness on the part of the Client and may withdraw from the contract even during the period of the event, in so far as the performance of the contract is impossible for these reasons or if a proper and safe execution appears to be impossible or endangered and the withdrawal is also in the well-understood interest of the Client or the third parties who are participating. In so far as is possible and reasonable, IES must initially complain about the deficiency and must give IES, the Client and participants the opportunity for remedial measures.
(3) IES may replace services by different but comparable services in so far as this is reasonable for the Client.
§ 7 Obligations for the Client / requirements imposed by the Client
(1) The Client must promptly provide IES with all information which is material for the planning and execution of the event. Corresponding enquiries from IES must be promptly answered.
(2) In the interest of problem-free communication the Client will nominate a contact person who is responsible for all enquiries from IES and is authorised to take decisions; this applies equally to IES in the reverse direction.
(3) Unless otherwise agreed, the Client undertakes that he himself will pay the costs of all fees, registrations, approvals and performing rights societies’ fees which may accrue and undertakes to make such payments.
(4) In so far as the Client specified a location, content, equipment, service-provider or other contractual partners or protective rights (e.g. logos, names, photos etc.) as obligatory, IES is not obliged to verify these or their services for suitability, reliability or similar in so far as, on the one hand, the unsuitability / unreliability / unlawfulness etc. is not apparent and, on the other hand, the Client is correspondingly in need of information or in so far as the verification is not an express subject of the contract.
(5) The Client will hold IES harmless in so far as claims are filed against IES by third parties as a result of an infringement of an obligation on the part of the Client or an act / omission by the Client.
§ 8 Copyright, promotional rights, references, recording rights
(1) Documents, graphics, schedules, drawings, sketches and other items created by IES remain the property of IES in so far as the transfer of ownership does not form a subject of the contract.
(2) The German Copyright Act (Urheberrechtsgesetz) is deemed to have been agreed for all event concepts, documents, graphics, schedules, drawings and sketches created by IES even if individual parts should not be protected by law.
(3) On full payment of the remuneration and costs, the Client acquires the rights of use necessary for the purpose of the contract. Any use over and above this purpose requires the express consent of IES and is subject to the proviso of a further obligation to pay remuneration.
(4) As part of the order placed with IES, the latter will obtain only the licences for the third party rights needed for the order (e.g. the licence for the performance during an organised musical event). In so far as the Client wishes to exploit additional third party works and rights, the Client himself is responsible for the procurement of the rights necessary for this (e.g. the recording of the performance in video and uploading the video into the Internet).
(5) Repeated use by the Client without a corresponding repeated order placed with IES gives rise to a corresponding payment obligation in so far as the repetition is not already a subject of the first order and/or compensation for such a repetition was not already reasonably satisfied by the previous remuneration.
(6) If no contract should be concluded between the Client and IES after participation in a presentation or the creation of a concept, all work undertaken by IES and particularly any right of use remains solely with IES.
(7) IES is entitled to refer to IES free of charge on all printed matter and in all activities in so far as this is reasonable and does not obviously conflict with the Client‘s legitimate interests.
(8) IES is entitled to use the Client’s name and the services performed by IES for the Client as a reference and to use the reference in its promotions in so far as the Client does not expressly oppose this for good cause.
(9) IES is entitled to take photographs and make video recordings during the event while taking the personal rights of the guests into account and to use these for reference purposes and its own promotional purposes in so far as the Client does not expressly oppose this for good cause.
§ 9 Software
(1) If IES creates software (e.g. event-apps, registration pages etc.) by its own efforts or through agents, the software source code does not form part of the subject of the contract and will not be disclosed, surrendered or similar by IES).
(2) In so far as rights are not expressly granted to the Client under the contract, IES is exclusively entitled to all rights to the software (and all copies made by the Client) – especially the copyright, the rights to inventions and technical protective rights. This also applies to any adaptation of the subjects of the contract by IES. The Clients title to the data carriers of such copies remains unaffected.
(3) In so far as this is not agreed, the Client may not modify the software unless this modification is necessary for the use of the software for the purpose intended.
(4) In the absence of any corresponding express agreement IES not obliged to service, maintain and update the software.
§ 10 Data transfer to third parties
The Client agrees that, in so far as is necessary, the personal data of the participants may be transferred to contractual partners for the purpose of the implementation of the order and performance of the contracts. The Client warrants and vouches for the fact that the participants also agree to this.
§ 11 Warrenty
(1) The Client must bring complaints to the attention of IES without delay and in writing, indicating reasons, immediately after performance of the service by IES. In so far as formal acceptance of a service is necessary, acceptance is deemed to have been given unless the Client refuses acceptance of the service in writing with specific details of the deficiency within 14 days of the performance of the service.
(2) In so far as there is a deficiency in the subject of the contract for which IES is responsible, IES is entitled to rectify the deficiency or to carry out substitute performance at its own discretion. In the case of rectification of the deficiency, IES will bear all the costs necessary for the purpose of rectification, particularly transport and handling cost as well as the costs of labour and materials, in so far as these are not increased by the subjects of the contract having been moved to a location other than the place of performance. If IES is not prepared or able to rectify the deficiency, particularly if this is delayed beyond a reasonable period for reasons for which IES is responsible, or if the rectification is unsuccessful in any other way, the Client is limited to a right to substitute performance.
(3) The right is expressly reserved for the Client to reduce the fee if substitute performance is unsuccessful.
§ 12 Liability
(1) In the case of breaches of obligations due to ordinary negligence, the liability of IES is restricted to average direct loss or damage typical under the contract which could be anticipated from the type of contract. This also applies in the event of breaches of obligations by the legal representatives or vicarious agents of IES.
(2) IES is not liable in the event of non-material breaches of contractual obligations due to ordinary negligence.
(3) The above liability restrictions do not affect the Client’s entitlements arising from product liability. In addition, the liability restrictions do not apply in the event of loss of life, bodily injury or impairment of health by the Client caused by IES or its legal representatives or vicarious agents.
(4) IES is not liable for errors committed by staff if such staff are subject to the instructions of the Client or third parties in so far as IES has satisfactorily selected the staff in each case and the selection was an express subject of the contract or if the staff are employed by the Client.
§ 13 Termination and cancellation
(1) IES may terminate the order if collaboration with the Client is no longer reasonable, particularly if
• Payments which are due are not made,
• Circumstances become apparent which were unknown at the conclusion of the contract and which endanger the safety of the event, its visitors, participants, performers or employees.
(2) In cases of statutory right of withdrawal or right of termination, the corresponding provisions of law apply with regard to the remuneration and costs of IES. In every case the costs of IES but at least the actual third party costs incurred up to that date must be reimbursed in so far as the goods and services cannot be reasonably utilised elsewhere by IES; likewise, the agency services performed up to that time must in every case be correspondingly remunerated pro rata in so far as withdrawal or termination were not caused by IES.
(3) In so far as the Client wishes to rescind the contract outside the statutory rights, this is in principle possible after discussions with IES; IES may not refuse the rescission contrary to the principles of good faith and trust. In every case of voluntary rescission, IES, at its option, may claim either the reimbursement of costs specifically incurred and remuneration entitlements or invoice its fee in lump sum form. In this case the following lump sums apply:
a. If the contract is rescinded less than 6 months prior to the planned event, 30% of the agreed remuneration,
b. If the contract is rescinded less than 4 months prior to the planned event, 50% of the agreed remuneration,
c. If the contract is rescinded less than 2 months prior to the planned event, 90% of the agreed remuneration,
d. Unless otherwise agreed in a specific contract.
In the case of a lump sum settlement, the right is reserved for the client to demonstrate that IES has suffered no loss or a smaller loss.
In every case the Client must reimburse or pay the (cancellation) costs actually incurred with respect to third parties.
§ 14 Final provisions
(1) The Client is not entitled to exercise a right of retention against IES by reason of a different claim which does not owe its origin to this contractual relationship.
(2) The Client may only offset such claims against IES as are uncontested or have been judged to be final and absolute.
(3) If one or more of the above conditions be or become invalid, this does not affect the validity of the remaining provisions.
(4) The law of the Federal Republic of Germany applies. If these General Terms and Conditions of Business exist in different language versions, the German language version is authoritative in the case of doubt.
(5) The place of jurisdiction is Karlsruhe.
General Terms and Conditions of Business, version: March 2016.