TERMS AND CONDITIONS
1. General scope of application
1.1 Unless other terms have been expressly agreed upon, the following terms and conditions apply too all services (the design, organization, planning and carrying out of events, customer service and the procurement of third party services for the running of events) between the customer and the Malzfabrik Event Company Limited, director Tina Ellerbrock, Bessemerstr. 2-14, 12103 Berlin (who will henceforth be referred to as the service provider). All offers, deliveries, and services of the service provider shall exclusively be subject to the following provisions.
1.2 General conditions as proposed by the customer will only form a valid part of the contract if they have been expressly agreed upon in writing by the service provider. Use of the services provided counts in all cases as agreement to the following terms and conditions.
2. Conclusion of contract | Terms of contract
2.1 It is noted that certain special offers are sent to multiple companies at one time. Should another company be first to redeem the offer, then our contract will commence with them and the offer cease to be available to you. Conversely, if you are first to redeem the offer, you will receive a booking confirmation from us. With this booking confirmation, the service provider is stating that your contract has come into effect.
2.2 The basis of the company relationship is the respective event offer, in which all agreed services (complete scope of supply and services) including remuneration are binding.
2.3 If offers are elaborated upon in documents provided by the customer, the service provider is not liable for the validity or suitability of this document, unless its defectiveness and unsuitability is deliberately ignored or has gone unnoticed to gross negligence.
3. Scope of event services
3.1 The scope of legally binding services is stated in the offer, and its corresponding annexes. Supplements or alterations to the agreement that change the scope of legally binding services must exist in written form.
3.2 Changes to and alteration of specific services from the terms of contract as originally agreed upon, that become necessary after the contract has been drafted, were unforeseeable, not caused by the service provider and over which the service provider has no influence, will be immediately communicated to the customer by the service provider. So long as the changes do not or only minimally affect the terms of contract as agreed upon, such changes do not give the customer the right to terminate contract. The service provider reserves the right, with the approval of the customer, to change parts of the event procedure from its originally specified services.
3.3 In as far as the service provider enters into contracts with third parties for the carrying out of events, the same terms of contract will be made on behalf of the customer. This applies in particular to room rental, contracts made in the area of gastronomy, as well contracts with Künstlern & Co. We are not obliged in this case to supply financial accounts of services provided by third parties, or financial accounts of services enlisted by third parties.
4. Costs | Fees
4.1 The offer prices are in Euro currency and are only valid as one undivided “bundle price”. If a customer wishes to enlist certain limited services instead of the complete bundle, the service provider has the right to specify different pricing.
4.2 All prices are net and do not include VAT.
4.3 Unless agreed otherwise, the service provider requires payment for each individual service as soon as it has been provided. In the case of contracted services, further prerequisite for payment is the acceptance of services by the customer, whether tacitly or through conclusive behaviour.
4.4 The service provider reserves the right to ask for an advance payment of up to 50% to cover their costs.
5. Presentations
If the service provider does not receive an order after a presentation has been made, all services and contents of the property remain in the possession of the service provider. The customer is no longer entitled to their use. If the customer wishes to continue using them, they can request to be granted the right to use said services and property by the service provider for a fee. If the customer uses ideas or concepts presented to them in a presentation by the service provider, without having obtained the rights to their use, they are liable to pay a lump-sum of 600 Euro plus statutory VAT in damages.
6. Property rights and copyright protection
6.1 All services of the service provider, including ideas, concepts, and singular components thereof, are property of the service provider. By paying a fee, the customer gains the right to use them for the agreed purpose only. If the customer wishes to use the service provider’s ideas, marketing campaigns and/or concepts without having originally contracted those services, or if they wish to use these for further events without the involvement of the service provider, they can request to be granted the right to use these services by the service provider for a fee. If the customer uses any of the ideas, marketing campaigns or concepts presented to them by the service provider without having obtained the aforementioned rights to their use, they are liable to pay a lump-sum of 600 Euro plus statutory VAT in damages.
6.2 Changes made by the customer to the services provided are only permitted with the explicit agreement of the service provider and creator.
7. Termination of contract
7.1 In the case of a customer terminating the contract without any serious cause to do so, the service provider will receive the agreed payment for services already rendered, but not including services spared due to and following the termination of contract. This obligation does not exist if the service provider is able to find a replacement contract of at least the same value. If the replacement is not of the same value, the customer will be required to pay the difference between the fee the service provider would have received from them, and the payment they have received from the replacement customer only.
7.2 This does not affect the right of either party to an extraordinary termination of contract. This right particularly comes into effect for the service provider when the customer does not pay the agreed fee at its appointed due date.
8. Liability
8.1. Unless details provided in leaflets, advertisements or any other documents containing offers are expressly described as binding by the service provider, the depictions and displays are only approximations.
8.2. If the services provided do not fulfil their obligation as stipulated by the contract between customer and service provider, or if they do not achieve a result as can be reasonably expected by the customer based on public statements and general standards, then the service provider is obliged to provide subsequent fulfilment. This does not apply if the service provider is entitled to refuse subsequent fulfilment due to the statutory provisions.
8.3. Following this, the customer has the choice whether subsequent fulfilment is provided through improvement or replacement of services. The service provider reserves the right to refuse the customer’s choice of subsequent fulfilment method if it is achievable only at a disproportionate expense, and the other form of subsequent fulfilment does not present a substantial disadvantage for the customer. During the subsequent fulfilment, the customer is not permitted a reduction in fees or to withdraw from the contract. After two unsuccessful attempts at subsequent fulfilment, the attempted improvement is considered a failure if nothing else arises from the type of goods or the defect or other circumstances. If the subsequent fulfilment has failed or if the service provider has refused to comply, the customer may choose to reduce the price or rescind the contract.
8.4. Deficiencies must be immediately reported by the customer to the service provider as soon as he/she has become aware of them, so that the provider can alert the subcontractor and observe the notice period for deficiency of services. If they fail to uphold their duty to immediately report deficiencies, the customer can lose their claim to rescinding the contract, price reduction and compensation for damages.
8.5. Claims to compensation for damages under the following conditions due to deficiency of service are only made valid for the customer when the subsequent fulfilment has failed, or when the service provider has refused to provide subsequent fulfilment. The customer's right to claim further damages in accordance with the following conditions will remain unaffected.
8.6. The service provider is responsible, irrespective of the previously named regulations and the following liability restrictions, for damages to life, body and health, which are based on negligent or intentional violation of duties of our legal representatives or our performing agents, as well as for damages which are covered by the liability in accordance with Product Liability Law, as well as for all damages based on intentional or grossly negligent violations of the contract as well as malice, of our legal representatives or our performing agents. To the extent that the service provider has issued a guarantee on quality and/or durability with respect to the goods or parts thereof, the service provider shall also be liable in the context of that guarantee. For damages relating to the lack of the guaranteed goods or longevity that do not occur directly on the goods, the service provider is only liable if the risk of such a damage is obviously included in the warranty on properties and longevity.
8.7. The service provider is also liable for damages caused by negligence, inasmuch as such negligence concerns a violation of contractual obligations, the observation of which are considered of essential importance to the purpose of the contract (Primary Obligations). However, the service provider is only liable insofar as that other damage or loss is typically connected with the contract and is foreseeable. The service provider is not liable for simple negligent breaches of non essential duties of the contract. The restrictions on liability mentioned in sentences 1-3 shall also apply as far as the liability for the legal representatives, executive staff and other vicarious agents and assistants are concerned.
8.8. Any further liability shall be hereby excluded, without regard to the legal nature of the asserted claim. In as far as the liability of the service provider is excluded or limited, this shall also apply to the personal liability of employees, staff, colleagues, representatives and vicarious agents.
8.9. The warranty period is one year, starting at the time the risk is transferred. This period also applies to claims for compensation for consequential damage, provided no claims can be asserted due to improper action.
9. Payment
Invoices from the service provider shall be due and payable without deduction seven days after receipt of the invoice.
10. Place of jurisdiction
If the customer is a merchant, the following applies: Berlin is appointed the place of jurisdiction for all direct and indirect disputes between the service provider and customer.
11. Ancillary agreements | written form
1.1 The parties agree to confidentiality on knowledge of third parties gained through their working relationship, extending beyond the duration of the contract.
11.2 Should one or more of the terms of service be legally void, it shall not affect the validity of the remaining terms of service.
11.3 Changes to the contract and ancillary agreements must be in written form in order to be deemed legally valid. This formal requirement may not be annulled through verbal agreement.
Berlin January 2023