General terms and conditions of Teamio Event GmbH
§ 1 Scope
1.1 As a general rule, these general terms and conditions (T&Cs) apply to all services under arrangements between the customer and Teamio Event GmbH.
1.2 Conflicting terms and conditions of the customer are only effective if Teamio Event GmbH expressly acknowledges them in writing.
1.3 The general terms and conditions of Teamio Event GmbH apply to consumers and to businesses alike, unless the relevant clause makes a distinction.
1.4 If individual provisions of these general terms and conditions are invalid, this does not affect the validity of the remaining provisions or of contracts concluded on the basis of them. The invalid provision is to be replaced by a valid one that comes closest to its meaning and purpose.
§ 2 Placing an order and forming a contract
2.1 The basis for concluding a contract is the relevant written proposal from Teamio Event GmbH, which sets out the services and the costs that will arise. Proposals from Teamio Event GmbH are subject to change and non-binding, and are an invitation to the customer to commission Teamio Event GmbH to carry out services.
2.2 By commissioning the chosen service, the customer makes a binding offer to enter into a contract. The contract between the customer and Teamio Event GmbH is formed when Teamio Event GmbH accepts in writing. The same applies to additions, amendments or side agreements.
§ 3 Obligation to perform
3.1 The scope of the contractual services is set out in the written order confirmation. Side agreements or amendments that change the scope of the contractual services must be in writing.
3.2 Information in brochures is not contractually binding.
3.3 Teamio Event GmbH will inform the customer without undue delay of any changes to individual services, or departures from the agreed contractual terms, that become necessary after the contract has been concluded. Where the agreed content of the contract is not affected, or only insignificantly, by the changes, these deviations do not give the customer a right to terminate. In agreement with the customer, Teamio Event GmbH is entitled to change parts of the event programme, deviating from the service description.
§ 4 Prices and payment terms
4.1 Payments are made by bank transfer to the account of
Teamio Event GmbH
GLS Gemeinschaftsbank eG
BIC: GENODEM1GLS
IBAN: DE02 4306 0967 4112 7905 00
If an invoice is not paid within the payment period requested on the invoice, the customer is in default.
4.2 A deposit of 50% of the contractually agreed price of the services, plus statutory VAT, falls due immediately on conclusion of the contract. The customer will receive a corresponding deposit invoice. The deposit is credited against the contractually agreed total price.
The remaining amount of the agreed total costs is invoiced after the event and must be paid in full by the payment date shown on the invoice or otherwise agreed. If no payment date is specified, the amount falls due no later than 14 days after the customer receives the invoice.
4.3 All stated prices exclude VAT at the applicable statutory rate. The prices applicable when the contract was concluded are payable immediately on invoicing, in accordance with the order. In the event of late payment, default interest of 5 percentage points above the base rate is deemed agreed.
4.4 If the customer is in default of payment, Teamio Event GmbH has the right to refuse to perform.
§ 5 Customer’s obligations
5.1 The customer must provide Teamio Event GmbH without undue delay with all information necessary to carry out the order. Teamio Event GmbH is not responsible for delays caused by the customer’s failure to cooperate.
§ 6 Termination and changes
6.1 The customer may withdraw from the contract at any time. However, early termination of the contractual relationship obliges the customer to pay the agreed total price for preparatory services already provided (for example concept development and logistics costs, rental costs, expenses of various kinds and the like), according to the following scale:
- up to 60 days before the event = 20% of the agreed total price
- up to 30 days before the event = 60% of the agreed total price
- up to 14 days before the event = 80% of the agreed total price
In the event of a later cancellation, the price for providing the entire service is charged, in accordance with the order confirmation.
6.2 Changes to the number of participants, the time or the meeting point must be notified to Teamio Event GmbH in writing, by email or by fax.
An increase in the number of participants after the contract has been concluded must be notified to Teamio Event GmbH and, as a rule, requires its consent. If the number of participants increases, the agreed price is invoiced according to the actual number of participants.
A reduction in the number of participants is possible up to 10 days before the event, subject to the consent of Teamio Event GmbH. Up to 4 days before the event begins, the customer may reduce the registered number of participants by up to 10%, with the invoice adjusted accordingly.
6.3 Teamio Event GmbH is entitled to make changes to the programme where individual services cannot be carried out because the number of participants has changed.
6.4 Particular weather conditions are not a reason to cancel an event, provided that Teamio Event GmbH can ensure that the event is carried out safely.
§ 7 Warranty and damages
7.11 Teamio Event GmbH undertakes to prepare and carry out the event conscientiously, and to select and monitor its service providers with care.
7.2 The customer must report and substantiate objections, complaints and problems affecting the service in writing without undue delay [within three working days after the service has been provided by Teamio Event GmbH]. In the case of justified and timely complaints, the customer is entitled to damages. The customer acknowledges that any claim for damages against Teamio Event GmbH is limited in amount to the agreed remuneration.
The customer remains free to prove that the loss was lower.
7.3 The customer’s claims for damages, in particular for impossibility of performance, improper performance of contractual obligations, fault in contract negotiations, defective or incomplete performance or tort, are excluded, except to the extent that the claims for damages arise from intentional misconduct or gross negligence on the part of Teamio Event GmbH.
§ 8 Liability
8.1 Teamio Event GmbH is liable in accordance with the statutory provisions.
8.2 For damage other than damage resulting from death, bodily injury or damage to health, Teamio Event GmbH is liable only where intentional or grossly negligent conduct, or a culpable breach of an essential contractual obligation, is attributable to it or to persons it engages to perform its obligations or carry out tasks on its behalf. Any further liability for damages is excluded.
8.3 In the event of a breach of essential contractual obligations resulting from ordinary negligence, Teamio Event GmbH is liable only up to the foreseeable damage typical for this type of contract, which as a rule does not exceed the amount of the remuneration. The customer remains free to prove that the loss was lower.
8.4 Essential contractual obligations are all obligations that are necessary, required and reasonable for the proper performance of the contract.
§ 9 Privacy
9.1 The customer acknowledges and consents to the following: the personal data required to administer the contractual relationship will be stored on data storage media by Teamio Event GmbH and, where applicable, passed on to affiliated companies as part of order processing. The customer expressly consents to the collection, processing and use of their personal data.
9.1 The customer has the right to withdraw their consent at any time with prospective effect. In this case, Teamio Event GmbH is obliged to delete the customer’s personal data immediately.
§ 10 Governing law and place of jurisdiction
10.1 The business relationship between Teamio Event GmbH and the customer is governed by the law of the Federal Republic of Germany.
10.2 The agreed place of jurisdiction is Essen.
Version: Essen, January 2020