General Terms and Conditions of Business

1. Introduction / Preamble

1.1 These general terms and conditions apply to all offers, deliveries, and services of the small business Sensevent Hochzeits- & Eventplanung, represented by Marieke Rodehorst (owner). The version current at the time of conclusion of the contract shall be authoritative. Our contractual partners are hereinafter referred to as the client, Sensevent Hochzeits- & Eventplanung as the contractor.

2. Conclusion of contract

2.1 Offers made by the Contractor to the Client are always subject to change without notice, unless expressly stated otherwise in text form. The contract shall be concluded through the client’s confirmation of the offer.

2.2 After acceptance of the offer by the Client, the Contractor shall be entitled to conclude contracts with third parties in connection with the event to be held on behalf and for the account of the Client. The contractor is entitled to use third parties to fulfil the contractually owed services.

3. Contractual obligations of the client

3.1 The Principal shall support the services of the Contractor by specifying the ideas and wishes in writing in the Special Terms of Reference together with the Contractor and by complying with its duties to cooperate.

3.2 If the Client is in default with the fulfilment of its contractual obligations, in particular payment obligations, the Contractor shall not be bound to comply with the agreed deadlines and dates on its part.

4. Prices

4.1 The company is liable to VAT and therefore shows the VAT in the invoices to its customers.

4.2 If the price of an individual cost element (e.g. one or more preliminary products) changes, the price of the final product also changes, but only to the extent that the change in the price of the respective preliminary product has a proportionate effect on the price of the final product.

4.3. In the event of unforeseeable circumstances such as increases in raw material costs or general price increases due to e.g. inflation, the prices may deviate from those in the cost estimate

5. Payment

5.1 The date of receipt of the payment by us or the date on which the payment is credited to the paying agent shall be decisive for the timeliness of payment, not the date of dispatch.

6. Default of payment

6.1 If, after the conclusion of a contract, the contractor becomes aware of circumstances which call into question the creditworthiness of the client, in particular if the client ceases to make payments or if a cheque issued by him is not honoured, the contractor shall be entitled to declare all claims due and payable.

7. Execution of our services

7.1 Correct and timely self-delivery remains reserved.

7.2 The conclusion of all contracts necessary for the execution of this contract shall take place in the name and on behalf of the principals. The contractor is hereby authorised by the principals to conclude all contracts which are necessary or at least expedient for the execution and fulfilment of the contract in the name of the principal.

7.3 The Contractor is authorised to issue instructions in the interest and on behalf of the Client to suppliers who have been commissioned by the Client to provide services for the event.

8. Copyright and rights of use

8.1 All ideas, presentations, project sketches, project papers, concepts, plans, works and layouts created by the contractor are the intellectual property of the contractor.

8.2 The works created by the contractor as well as ideas, presentations, project sketches, project papers, concepts, plans and layouts are exclusively intended for the contractual partner. Processing, exploitation, duplication and commercial distribution shall only be permitted with the consent of the contractor as the author. The execution of their conceptual work is reserved solely for the contractor.

8.3 Any further use, disclosure to third parties, partial or complete realisation of the ideas, proposals, concepts, layouts and texts presented within the framework of the cooperation shall require the consent of the client and in any case prior agreement on an appropriate remuneration.

9. Retention of title and self-advertising

9.1 All services rendered and products delivered shall remain the property of the contractor until all claims (including all current account balances) have been settled in full.

9.2 The contractor is entitled to use texts, drafts, concepts, photos and delivered goods from the present fulfilment of the contract for the purpose of self-advertising and for reference purposes. The contractor is furthermore entitled to take photographs during the event and to use them for self-promotion and reference purposes. Photos of persons may only be used for advertising purposes if they expressly consent.

10. Cancellation conditions

10.1 If the performance of the event is thwarted in whole or in part for reasons for which the Client is responsible or is cancelled by the Client, the Client shall bear all costs incurred up to the time of cancellation. In the case of open-air events, the Client shall bear the weather risk.

10.2 If the realisation of the planned event should become impossible for reasons of force majeure, i.e., an unforeseen extraordinary reason beyond the control of both parties, both contracting parties shall be entitled to withdraw from the contract. This must be done by written declaration to the other party.

10.3 The parties are legally entitled to terminate the present contract for extraordinary reasons. Such reasons are e.g:

– Failure to provide contractually owed services despite written reminder and setting of a deadline

– Significant breach of contractual obligations by the other party, so that further performance of the contract becomes unreasonable.

– Initiation of preliminary insolvency proceedings against the assets of the other contracting party.

10.4 In any case, the notice of termination shall be given in writing to the other contracting party.

10.5 In the event of the termination and withdrawal regulated above, the following shall apply: Insofar as the Contractor has provided services to third parties on behalf of the Client out of the Client’s payments, these shall be repaid to the Client in the event of termination of the contract under the conditions that they are repaid by the respective contractual partners. Insofar as the respective contractual partners refuse repayment, the Contractor shall be obliged to assign its repayment claim to the Client.

10.6 In the event of withdrawal from or termination of the contract for which the Contractor is not responsible, the Client shall reimburse the Contractor for the expenses incurred up to the time of the termination/withdrawal as well as for the expenses incurred in connection with the contract. Furthermore, the Contractor shall be entitled to claim an additional lump-sum reimbursement of expenses. The contractor is entitled to claim the actual expenses incurred instead of the reimbursement of expenses. The assertion of claims for payment remains unaffected.

11. Warranty, liability, and compensation

11.1 We provide a warranty for our services within the framework of the statutory provisions in accordance with this contract. However, warranty claims are excluded if our plans or express instructions have been violated, but also in the event of faulty order execution by third parties. The same applies to errors that can be traced back to information, recommendations and instructions of the client.

11.2 As a matter of principle, we shall only be liable for damages if we can be proven to have acted with intent or gross negligence within the scope of the statutory provisions, provided this does not violate the provisions of 305 et seq. BGB (German Civil Code).

11.3 The contractor is not liable within the scope of this contract for the consequences of force majeure. This includes, for example, orders by authorities, wars, civil unrest, aircraft hijackings, terrorist attacks, fire, floods, power failures, accidents, storms, strikes, lockouts or other industrial action by which the services of the Contractor or its suppliers are affected. The same applies to the occurrence of circumstances that make the event impossible but were not caused by the Contractor or are otherwise attributable to it.

12. Data processing

12.1 All data provided to the Contractor by the Client shall be treated confidentially by the Contractor and shall only be disclosed and forwarded to third parties for the purpose of implementing this Agreement.

13. Written form / severability clause

13.1 Amendments and supplements to these terms and conditions must be made in writing. The same applies to this written form requirement.

13.2 Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a substitute provision which comes as close as possible to the purpose intended by the invalid provision.

14. Miscellaneous and final provisions

14.1 The clients may only offset our claims against legally established claims.

14.2 In the event that the clients are a majority of persons, they hereby authorise each other to make and receive declarations of intent in connection with the contract. Any changes or similar must be notified to the wedding service in writing without delay.

14.3 Place of jurisdiction is Göttigen German law shall apply.