General Terms and Conditions of Business of
Congresservice Alpin Convention GmbH
Bahnhofstrasse 7, 82467 Garmisch-Partenkirchen
Personally liable partner:
Congresservice Alpin Convention GmbH; HR: AG Munich, HRB 102275;
Managing partners: Johann Schmitz, Thomas Wiggermann, Corsin Parolini
(hereinafter referred to as the Contractor or Alpin Convention / AC)
§ 1 Scope of application
The provisions contained in these GTC apply to all contracts in our business areas. Special individual agreements concluded with the customer shall take precedence over these provisions. Any terms and conditions of the customer that conflict with or deviate terms and conditions of the customer shall only be recognised if we expressly agree to their validity in writing.
§ 2 Conclusion of contract
If an enquiry is to be regarded as an offer in accordance with § 145 BGB, AC can accept it within two weeks. Contracts and orders to AC must be made in writing. Our offers are always subject to change. Due to constant changes in market prices of suppliers and subcontractors as well as materials, the offer prices shall apply for a maximum period of four weeks until the offer is issued. In case of doubt, a written order confirmation in accordance with the terms and content of the previous offer is always required for a contract to become effective. Offers and attachments may not be made accessible to third parties not involved in the contract negotiations without the consent of AC.
(1) In the event sector, the basis for the event to be carried out in each case is a concept approved by the customer, as well as an agreed service description and a cost plan.
(2) Subsequent (additional) orders that are not included in the original scope of the contract may also require the written form. These will be charged according to the respective expenditure.
(3) AC is authorised to use expert subcontractors to carry out the order.
to fulfil the order. The Contractor is also entitled to fulfil the performance obligations in
fulfil the service obligations in partial services or partial deliveries. The Customer already gives his consent to this with the terms of the contract.
§ 3 Scope of services
The scope of the contractual services is set out in the written order confirmation. Additional agreements or amendments that change the scope of the contractual services must be made in writing.
§ 4 Cancellation
(1) Cancellations must always be made in writing in order to be legally effective.
(2) Irrespective of the time of cancellation, the Client shall be liable for all services already rendered by AC (net plus VAT). Furthermore, he shall be liable for all third-party costs incurred by the Contractor as a result of the cancellation.
(3) The cancellation costs for the services agreed with AC are subject to the following scale from the time the order is placed:
25% of the net sales amount according to the offer up to 91 days before the event
50% of the net sales amount according to the offer from 90-31 days before the event
80% of the net sales amount according to the offer from 30-11 days before the event 100% of the net sales amount according to the offer from 10 days before the event
This does not affect the claim for costs already incurred up to the day of cancellation in connection with the preparation of the event (research, advance travel, etc.). For the follow-up and processing of the cancellation, costs shall be charged according to actual expenditure in addition to the cancellation costs pursuant to para. 3.
(4) Additional cancellation fees which may be charged by AC's service partners will be will be charged further.
§ 5 Copyrights and data protection
1. AC reserves all property rights and copyrights to all documents, e.g. calculations, drawings etc., provided to the Client in connection with the placing of the order. These documents may not be made accessible to third parties without consultation with AC.All presentation content shall remain the property of AC even if AC is not commissioned.
Utilisation in any way by the customer is prohibited (concept protection).
2. If a contract is not concluded within the period specified in § 2, these documents must be returned to AC immediately.
3. The customer must ensure and declare upon conclusion of the contract that he is in possession of the copyrights and/or trademark rights required for the services he has commissioned; if he is not himself the author and/or trademark owner, he must obtain express authorisation from the owner for the use of illustrations, trademarks and/or brand names. AC is under no obligation to check the existing rights for the materials provided. Liability in respect of copyright and trade mark infringements vis-à-vis third parties is therefore excluded for the services commissioned.
Should any copyright or trade mark infringements occur in this context, the client is responsible for this and hereby indemnifies AC against all claims asserted by third parties claims asserted by third parties upon first request.
The customer undertakes to bear all costs for defence against such third-party claims, in particular legal fees.
4. Images, graphics, texts, programming and web-based software solutions supplied by AC are protected by copyright and are available to the contractual partner for the duration of the contract. Any further use, duplication or modification is only permitted with the written authorisation of AC. The property rights, copyrights and trade mark rights shall remain with AC even after the presentation if AC is not commissioned to carry out the order. 5.
5. After prior written authorisation by the Client, the Contractor may use the event as a reference in its own public image (homepage, presentation, etc...).
§ 6 Prices and terms of payment
(1) All offers are subject to change and non-binding
(2) AC invoices are due for payment immediately upon receipt and must be paid without deduction within ten days at the latest. All prices are subject to value added tax at the rate applicable at the time of contractual performance.
(3) When the order is signed, the client must pay a deposit of 80% of the order amount.
(4) The remaining 20 % must be paid no later than 14 days before the start of the event.
(5) Payments must be made exclusively to the account specified overleaf.
(6) The deduction of a discount is only permitted if a special written agreement has been made.
(7) Interest on arrears shall be charged at a rate of 6% above the respective base rate of the European Central Bank. We reserve the right to assert higher damages caused by default.
§ 7 Default of acceptance
If the client is in default of acceptance or culpably breaches other obligations to co-operate, AC shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims remain reserved.
§ 8 Warranty
The Contractor is obliged to inspect AC's goods thoroughly on acceptance and to report any defects immediately in writing (§§ 377, 378 HGB). The notification of defects must in any case be received before the start of the event so that AC is given the opportunity for subsequent fulfilment. Failure to report defects or failure to do so in good time shall result in the exclusion of warranty claims. The Contractor shall only be entitled to a warranty claim if it has fulfilled all services, tasks and obligations to co-operate to be provided by it in a proper, timely and defect-free manner.
§ 9 Liability
(1) AC shall be liable in cases of wilful intent or gross negligence on the part of AC or a representative or vicarious agent and in the event of culpable injury to life, limb or health in accordance with the statutory provisions. In cases of gross negligence, however, AC's liability is limited to the foreseeable damage typical of the contract, unless another of the exceptional cases listed in p. 1 or 3 of this paragraph applies at the same time. Otherwise, AC shall only be liable for culpable breach of material contractual obligations or if AC has fraudulently concealed the defect.
However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless another of the exceptional cases listed in sentence 1 or sentence 3 of this paragraph applies at the same time.
(2) The provisions of the above paragraph shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or from unauthorised action. They shall also apply to claims for compensation for futile expenses.
(3) A change in the burden of proof to the detriment of the client is not associated with the above provisions.
(4) If the Client or a third party makes changes to the campaign (...) without the prior written authorisation of AC, liability for the resulting consequences shall lapse.
(5) The contracting parties agree to cap claims for damages in the amount of the order value, depending on the order value. Claims for damages arising from injury to life, limb or health shall remain unaffected by the above limitation of liability. The above limitations of liability also apply in favour of any legal representatives and vicarious agents of AC. Should the contractual partner consider a higher liability sum to be necessary, AC will take out appropriate insurance at the request and expense of the contractual partner, insofar as this is possible.
(6) In cases of force majeure that lead to the cancellation of the event, the parties shall have no mutual claims for performance or damages under this agreement.
(7) In the outdoor area, in particular when using equipment, AC shall not be liable for damage to property or personal injury caused by improper use of the equipment provided or by participants overestimating their own abilities. Responsibility for the loss of personal items belonging to event participants is also excluded.
§ 10 Miscellaneous
(1) This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany.
(2) The exclusive place of jurisdiction for all disputes arising from this contract is
Garmisch-Partenkirchen.
(3) Amendments and supplements must be made in writing. This also applies to amendments to this written form clause.
(4) Should provisions of this contract be wholly or partially invalid or unenforceable or lose their validity or enforceability at a later date, this shall not affect the validity of the remainder of this contract. The same shall apply if a loophole is found in the contract. In place of the invalid or unenforceable provision or to fill the gap, the parties shall agree an appropriate provision which, as far as legally possible, comes as close as possible to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when concluding the contract.
Version: July 2024
