GTCs

The following General Terms and Conditions apply to all corporate events organized by the Vivalpin Event Agency within Vivalpin GmbH & Co. KG, Hindenburgstraße 14, 82467 Garmisch-Partenkirchen, the following General Terms and Conditions apply.
Valid from 14.11.2013 21:00 hrs

The Vivalpin Event Agency (hereinafter referred to as VIVALPIN) is a full-service event agency within Vivalpin GmbH & Co. KG. It offers corporate clients individual planning, conceptualization, advice / consulting on events as well as their implementation and follow-up. The events are recruiting events, team exercises, management development, incentives, kick-off events, product presentations, competitive sports events, as well as indoor and outdoor workshops.

§1 Conclusion of contract & content

(1) Any terms and conditions of the customer are not part of the contract. A contract between VIVALPIN and the customer shall only be concluded in writing. The basis of the contract between VIVALPIN and the customer is the individually created event concept and offer as well as the price / cost calculation based on the service rates of VIVALPIN.
(2) A contract is concluded between VIVALPIN and the customer when the signed order confirmation is returned. If the order confirmation is to be signed by a representative on behalf of the customer, it is the customer's responsibility to prove the necessary power of representation to VIVALPIN. If a third party has signed the order confirmation on behalf of a customer without the required power of representation, he shall be liable to VIVALPIN for fulfillment of the contract or damages.
(3) The scope of VIVALPIN's contractual services is set out in detail in the order confirmation.
(4) Ancillary agreements, such as additional services, special requests and special services, require express commissioning by the customer. Deviating amendments to the contract and all declarations of intent, such as terminations, declarations of withdrawal, etc. must be made in writing to be effective.

§2 Paid offer preparation & advance travel

(1) For offers with a total volume of more than EUR 5,000 (net), VIVALPIN shall charge a processing fee of 3.5% of the total volume (net) for the preparation of the offer for the conception of the event, the inquiries to sub-service providers and the preparation of the offer. This fee will be deducted when the event is booked.
(2) Advance travel is charged at a flat rate of EUR 300 per person and day plus VAT and expenses as incurred. These costs will be deducted when the event is booked.

§3 Remuneration

(1) VIVALPIN calculates its remuneration according to two calculation models
a. Participant price: In this case, a price per participant is determined for a number of participants specified by the customer.
b. All-inclusive price: In this case, the customer receives a total price.
(2) The offer may also include both calculation models.
(3) A deposit of 50% of the total price, which results from the participant price and the booked number of participants or the package price, is due no later than 14 days after receipt of the order confirmation, the remaining payment is due without further invoicing 2 days before the start of the event.
(4) All contract fees, withdrawal and processing fees and other costs are due within 14 days of the invoice date. Costs for special services (ancillary agreements) and disbursed costs shall be invoiced separately.
(5) The customer may only offset his own claims against claims of VIVALPIN if the customer's counterclaim is undisputed or a legally binding title exists. A right of retention and a withholding of payments are excluded unless they are based on the same contractual relationship.
(6) VIVALPIN reserves the right to pass on these price changes to the customer to a reasonable extent in the event of unforeseeable significant changes in the prices of purchased services.

§4 Transportation services

(1) In the event that transportation services are arranged on behalf of the customer and are not included as a service in the offer, the respective terms and conditions of the transportation company or airlines shall apply to the selected mode of transportation. In this case, VIVALPIN shall not be liable for the provision of the transportation services themselves and shall not provide any transportation services itself.
(2) VIVALPIN reserves the right to change the transportation company, the transportation, the place of departure or return as well as changes to the arrival and departure times or the routing if this becomes necessary. VIVALPIN is permitted to do so, provided this is reasonable for the customer. VIVALPIN accepts no liability for any resulting damages.

§5 Obligations of the customer and cooperation

(1) The customer is obliged, particularly in the case of sporting event services, to check the requirements listed by VIVALPIN for the participants and to ensure that these requirements are met by all participants or to inform VIVALPIN in good time of any non-compliance. This also includes the forwarding of any equipment lists provided by VIVALPIN to all participants.
(2) The customer is responsible for compliance with any passport, visa, customs, foreign exchange and health regulations. All disadvantages arising from non-compliance with these regulations shall be borne by the customer, unless VIVALPIN has failed to pass on the necessary information to the customer in breach of duty or has passed it on incorrectly. This shall also apply in the event that the aforementioned regulations change after the conclusion of the contract.
(3) VIVALPIN may terminate the contract without notice if the customer is in serious breach of contract despite a corresponding warning. In this case, however, VIVALPIN retains the claim to the contract fees/prices less any expenses saved plus costs incurred. In this case, the customer must indemnify VIVALPIN against claims by third parties.
(4) VIVALPIN reserves the right to change the program in the interest of the participants' safety in the event of adverse circumstances, such as bad weather or avalanche danger. VIVALPIN will coordinate these changes with the customer in advance as far as possible. The final decision is made by the event leader on site, taking into account the current local conditions.
(5) In its invitations to tender, VIVALPIN shall describe the requirements for participants as objectively and factually as possible. These apply to all participants without exception and are agreed by VIVALPIN with the customer in advance. For safety reasons, VIVALPIN reserves the right to exclude participants who do not meet the requirements from the tour or event. In the event of such a cancellation by VIVALPIN, the price must be paid in full.
(6) Participation in sports activities or other similar activities is the responsibility of the customer or each participant. Sports facilities, equipment and vehicles must be checked by the customer or participant before use.

§6 Cancellation conditions

(1) The customer has the right to cancel a booked event at any time.
(2) Cancellations by representatives are subject to the statutory provisions of §174 BGB. VIVALPIN reserves the right to request a power of attorney from the contact person who wishes to cancel the event, proving that he/she is authorized to cancel the event.
(3) In the event of a cancellation of a confirmed event for reasons for which VIVALPIN is not responsible and which must in any case be made in writing, the following conditions shall apply:

a. Complete cancellation

(1) Cancellations up to 60 days (inclusive) before the start of the event are subject to payment of 40% of the event price.
(2) From 59 days (inclusive) before the start of the event, 60% of the event price must be paid.
(3) From 29 days (inclusive) before the start of the event, 80% of the event price must be paid.
(4) From 7 days (inclusive) before the start of the event, 100% of the event price must be paid.
(5) VIVALPIN reserves the right to claim a higher cancellation fee in the event of demonstrably higher damages. The damage shall be made up of the agreed event price less saved expenses less proceeds that the organizer can achieve through other use / utilization of the partial services that have become available.

b. Cancellation of individual services while maintaining the number of participants

(1) Cancellations of individual services while maintaining the number of participants are possible for all services up to 60 days before the start of the event. In the event of a corresponding cancellation, the price of the participant or package price shall be adjusted in proportion to the cost of the canceled service(s) to the total cost.

c. Cancellation of individual participants for services with participant price

(1) Cancellation by individual participants up to 35 days (inclusive) before the day of arrival will incur a cancellation fee of 35% of the participant price.
(2) Cancellation by individual participants between the 34th day and the 14th day (inclusive) before the day of arrival will incur a cancellation fee of 50% of the participant price.
(3) Cancellation by individual participants between the 13th day and the 8th day (inclusive) before the day of arrival will incur a cancellation fee of 75% of the participant price.
(4) Cancellation by individual participants from the 7th day (inclusive) before the day of arrival incurs a cancellation fee of 100% of the participant price.

d. Cancellation of individual participants for services with an all-inclusive price

(1) In the event of withdrawal by individual participants for non-participant-dependent services, no refund will be made.
(2) In the event of withdrawal by individual participants in the case of participant-dependent services, § 6 section c shall apply mutatis mutandis. The calculation basis for the participant price shall be the quotient of the all-inclusive price of the service(s) (in the numerator) and the number of participants ordered (in the denominator).

§7 Cancellation due to exceptional circumstances

(1) If the event is made considerably more difficult, jeopardized or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract, in particular force majeure outside the sphere of influence of VIVALPIN, both VIVALPIN and the customer may terminate the contract. If the contract is terminated, VIVALPIN shall be entitled to demand reasonable compensation for the services already rendered or still to be rendered.

§8 Duty of care and liability

(1) VIVALPIN shall only be liable for contractual breaches of duty and tort for intent and gross negligence. Liability is limited to EUR 4,000 per participant per event in the case of damages that are not damages to life, body or health. If the participant price per participant is more than EUR 1,350, liability per participant is limited to three times the participant price.
(2) VIVALPIN shall not be liable for

• unforeseeable defects, damage, loss
• Accidents, in particular skiing and/or snowboarding accidents, tobogganing accidents
• nor for "force majeure", e.g. for the breakdown of ski lifts or lack of snow.
• for service disruptions in the area of third-party services which are merely arranged (e.g.: sporting events, exhibitions, etc.) and which are expressly identified as such in the confirmation.

§9 Invalidity of individual provisions

(1) The invalidity of individual provisions of the event contract shall not result in the invalidity of the entire contract. The same applies to these terms and conditions. Invalid provisions/conditions shall be replaced by a provision/condition that comes closest to their economic and legal content.

§10 Place of jurisdiction

(1) All legal relationships between the customer and VIVALPIN shall be governed exclusively by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980 is excluded.
(2) If the customer is a merchant or a legal entity or an entrepreneur within the meaning of § 14 BGB, the place of jurisdiction for all claims arising from this contractual relationship is Garmisch-Partenkirchen.