General terms and conditions

Contracting parties and validity of the AGB

The following General Terms and Conditions apply to all services provided between us at Publicimages Events, Stephan Endmann, Blücherstrasse 34, 10961 Berlin and our customers.

These General Terms and Conditions apply regardless of whether the customer concludes the contract as a consumer or entrepreneur.

Additional or deviating contractual conditions of the customer do not apply as long as we have not expressly acknowledged them in writing.

Individual agreements between us and the customer always take precedence over these conditions. Individual agreements are only effective if they are made in written form.

If the customer acts on behalf of a third party, he shall immediately disclose this to us.

Services and conclusion of contract

Every event is individual and unique. The concrete services to be provided by us result from our individually prepared service description. This service description becomes object and component of the contract.

We will discuss the concrete ideas for the respective event together with the customer. On the basis of this discussion, we will then draw up an individual description of the services to be provided. Here we fall back on the experience of several years and a multiplicity of successful events.

We will make the service description available to the customer in text form. By returning a signed copy of the service description, the customer makes a binding offer to us. A contract is only concluded when we accept this offer to the customer by a written declaration.

Contract language, storage of the contract text

(1) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions and other parts of the contract into other languages are for information purposes only. In the event of any differences between the language versions, the German text shall take precedence.

(2) We save the contract text. In addition, we shall send the customer the text of the contract and the text by e-mail.

Reservations for event location and date

Reservations for a specific venue and event date are non-binding until the conclusion of the contract. We will confirm the binding reservation of a date and/or venue with the conclusion of the contract.

Validity of the contract and terms of use of third parties

Contractual provisions of third parties shall be included in this contract, as it were, insofar as this is necessary for the execution of this contract and we have informed the customer accordingly.

In the case of venues provided by third parties, separate terms of use may apply. The customer and the participants of the event shall observe and comply with these independently, unless separate agreements have been made.

Retention of title

If we provide you with goods within the scope of cooperation, the goods shall remain our property until payment has been fully carried out.

Partial performance

We shall be entitled to render partial services insofar as this is reasonable for the customer.

Remuneration – billing on a time and material basis

Remuneration is based on the services actually performed and documented.

Any prices stated in the service description are not binding and are only approximate values.

Additional services commissioned by the customer and not included in the service description are charged at a flat rate of 119,00 EUR/hour including statutory VAT.

Payment and right of retention

We are entitled to demand reasonable advance payments and advances, in particular to cover our expenses. Payment is due 14 days after invoicing.

We will issue a final invoice after rendering our services. The final invoice is due 14 days after invoicing.

If the customer is in default with one or more payments, we are entitled to make use of our right of retention.

Liability

We shall be liable to you without limitation in cases of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. We are also liable for damages resulting from injury to life, limb or health and in accordance with the Product Liability Act (Produkthaftungsgesetz).

In cases of slight negligence, we shall only be liable for breach of a so-called cardinal obligation, limited to compensation for foreseeable and typical damage. A so-called cardinal obligation is a contractual obligation the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely. In all other cases our liability is excluded.

Data protection

Data protection is close to our heart. We process personal data only in accordance with the statutory provisions, in particular in accordance with the GDPR and the Bundesdatenschutzgesetz.

Video and sound recordings, photographs

We would like to point out that the production of photographs, video and sound recordings may constitute processing within the meaning of data protection and that in this case the relevant data protection regulations must be observed. The making of such recordings may also violate applicable copyright law, other intellectual property rights or other third-party rights. The production of sound, video and photo recordings is only permitted after consultation and with our permission.

Reference naming

We are entitled to name the customer as a reference customer. The customer can contradict this naming at any time for the future.

Cooperation of the customer

The customer shall participate to an appropriate extent in the planning and implementation of our services. In particular, the customer will provide the information necessary for planning and implementation, provided that this comes from his area of control.

The customer assures us that the information provided is correct and complete. The customer shall inform us immediately of any changes to personal data or essential contractual information, at least in text form.

If additional measures are necessary to carry out the event, which are within the control of the customer, the customer will carry them out independently.

Granting of rights

If rights under the Trademark Act (Markengesetz), Copyright Act (Urheberrechtsgesetz), Patent Act (Patentgesetz) or other grants of rights are necessary for the implementation, planning and execution of the contractual services, the parties shall grant each other the rights necessary for this purpose.

Travel expenses – overnight stay

We arrive and depart from Berlin. The travel cost in Berlin will not be charged, unless otherwise agreed individually. Outside of Berlin we charge 0.40 Euro for each kilometre driven. In case of arrival by train or plane, as well as in case of necessary overnight stay, the actual costs and expenses for the overnight stay will be charged.

Final provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if

(a) the customer has his habitual residence in Germany, or

(b) the customer has his habitual residence in a country which is not a member of the European Union.

The law of the Federal Republic of Germany shall also apply if the customer has his habitual residence in a member state of the European Union; mandatory provisions of the state in which the customer has his habitual residence; shall remain unaffected in this case.

The exclusive place of jurisdiction shall be Berlin if the customer is a merchant and is domiciled in Germany at the time the order is placed. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

Should individual provisions of these conditions be invalid, this shall not affect the validity of the remainder of the contract.