GENERAL TERMS & CONDITIONS
The following General Terms and Conditions are valid for all company events organised by the VIVALPIN Eventagentur within the VIVALPIN GmbH & Co. KG, Hindenburgstraße 14, 82467 Garmisch-Partenkirchen, Germany.
Valid as of 14 November 2013, 9:00 p.m.
The VIVALPIN Eventagentur (called in the following VIVALPIN) is a full-service event agency established within the VIVALPIN GmbH & Co. KG. The agency offers individual event planning, conception and consulting for corporate clients as well as their execution and follow-up. The events offered include recruiting, team exercises, generation of management skills, incentives, kickoff events, product presentations, competitive sports presentations as well as indoor and outdoor workshops.
§ 1 Contract Conclusion and Content
(1) Any terms and conditions of the client are not part of the contract. The contract between VIVALPIN and the client will only come into effect by written agreement. Basis of the contract between VIVALPIN and the client is the individually established event concept and offer, as well as the price and cost calculation on basis of the general rates of benefit of VIVALPIN.
(2) A contract between VIVALPIN and the customer will be concluded by return of the signed order confirmation. If the order confirmation is signed by a representative on behalf of the customer, it is in his own responsibility to prove his required power of attorney against VIVALPIN. In case that a third party has signed the order confirmation for the customer without the required power of attorney, he will be held liable against VIVALPIN for the fulfillment of the contract duties or compensation of damages.
(3) The extent of the contractual VIVALPIN services can be taken in detail from the order confirmation.
(4) Subsidiary agreements, such as additional services, special requirements and special service features require an explicit order besides the client. Any deviating contract modifications and amendments and all individual declarations of intent, such as cancellation, letters of resignation, etc. shall only be effective in writing.
§ 2 Costs for Offer Preparation & Inspection Visits
(1) For offers exceeding a total volume of EUR 5.000 (net) VIVALPIN will charge a handling fee of 3,5 % from the total volume (net) covering event conception, inquiries to subcontractors and offer processing. This handling fee will be credited with the booked event.
(2) Inspection visits will be charged at a lump sum of EUR 300 per person and day adding VAT and actual expenses. These costs will be credited with the booked event.
(1) VIVALPIN is using two calculation models for invoicing its remuneration:
a. Pricing per participant: In this case the price will be calculated per participant for a certain number of participants indicated by the client.
b. Pricing per lump sum: In this case the customer will receive an invoice for a total price.
(2) The offer may contain both calculation models.
(3) An advance payment of 50 % on the total price will be due within 14 days from receipt of the order confirmation. The final payment becomes due 2 days prior to the beginning of the event, without further invoicing.
(4) Any payments out of this contract, resignation and handling fees as well as any other expenses are due for payment within 14 days from invoice date. Expenses for special services (subsidiary agreements) as well as any other disbursements will be charged separately.
(5) The client is only entitled to offset own claims against claims of VIVALPIN, if the client’s counterclaim is undisputed or if a legally enforceable title exists. Any right of retention or withholding of payments that are not based on the same contractual relationship shall be excluded.
(6) VIVALPIN reserves the right, at unexpected significant changes in prices, to pass such price changes on to the customer, at a reasonable extent.
§ 4 Transport Services
(1) In case that transport services not contained in the offer are conveyed on behalf of the customer, the Terms and Conditions of the carrier, respectively the airline, will come into effect for the mode of transport chosed. In such a case VIVALPIN cannot be held responsible for the rendering of such transport services and will also not render a transport service itself.
(2) VIVALPIN reserves the right to arrange for necessary changes of the carrier, the mode of transport, the place of departure and return as well as of the arrival and departure times or of the routing, if this will be reasonable for the client. VIVALPIN does not accept any liability for damages that may arise from this.
§ 5 Customer Duties and Cooperation
(1) The customer is obliged, in particular at sporting event services, to check the requirements for the participants listed by VIVALPIN and to ensure that all participants are able to fulfill these requirements, or timely to inform VIVALPIN about the non-fulfillment. This also comprises the forwarding of any equipment lists to all participants if such are provided by VIVALPIN.
(2) The customer shall be responsible for the compliance of any regulations relating to passports, visa, customs, foreign exchange or health. Any disadvantages arising from non-observing these regulations are on his own expenses, unless VIVALPIN has missed to forward essential information to the customer or has provided faulty information contrary to its duty. This also applies if the aforementioned regulations have changed after contract conclusion.
(3) VIVALPIN may terminate the contract without notice if despite of an according warning the customer behaves in a way that significantly violates the terms of the contract. In this case VIVALPIN will retain the entitlement to its contractual remuneration, prices and disbursements deductive eventually saved costs. In such a case the customer has to indemnify VIVALPIN against any third-party claims.
(4) Under adverse conditions, e.g. such as bad weather or danger of avalanches, VIVALPIN reserves the right to change the agenda for the benefit of the participants’ safety. Where timely possible, VIVALPIN will coordinate such changes with the customer in advance. The final decision will be up to the event manager on site under consideration of the actual local conditions.
(5) In its proposals VIVALPIN describes the demands on the participants as objectively and factually as possible. They are valid for all participants, without exception, and are coordinated by VIVALPIN and the client beforehand. Due to security reasons VIVALPIN reserves the right to exclude participants from the tour or the event if they cannot cope with the requirements. In case of such a termination besides VIVALPIN the price has to be paid in full.
(6) The client, respectively every participant, takes over the responsibility for his participation at sports activities or other similar activities himself. The client, respectively the participant, has to check the sports grounds, equipment and vehicles prior to his utilization.
§6 Cancellation Conditions
(1) The client has the right to cancel a booked event at any time.
(2) At cancellations by representatives the statutory provisions of the § 174 BGB become effective. VIVALPIN reserves the right to demand a power of attorney from the contact person in order to prove that this person is authorized to cancel the event.
(3) In case of a corresponding cancellation of a confirmed event for reasons that are beyond the control of VIVALPIN and which in any case has to be effected in writing, the following terms come into effect:
a. Complete Cancellation
(1) At a cancellation up to 60 days (included) prior to the event 40 % of the event price become due.
(2) At a cancellation 30 to 59 days (included) prior to the event 60 % of the event price become due.
(3) At a cancellation 8 to 29 days (included) prior to the event 80 % of the event price become due.
(4) At a cancellation 7 days (included) or shorter prior to the event 100 % of the event price become due.
(5) At a verifiably higher damage VIVALPIN reserves the right to charge a higher cancellation fee. The height of damage is calculated by the agreed event price deductive any saved expenses and revenues that the organiser is able to generate from utilizing the released partial performances.
b. Cancellation of Individual Services at Unchanged Number of Participants
(1) Cancellation of individual services without a change in the number of participants is possible for all services up to 60 days prior to the event. At such a cancellation, a price adjustment will come into effect on the price per participant or on the lump sum at the ratio of the expenses of the cancelled service(s) to the total expense.
c. Withdrawal of Single Participants for Services with Participant Price
(1) At a withdrawal of single participants until including 35 days prior to the day of arrival, a cancellation fee of 35 % becomes due on the price per participant.
(2) At a withdrawal of single participants between 34 and 14 days (included) prior to the day of arrival, a cancellation fee of 50 % on the price per participant comes into effect.
(3) At a withdrawal of single participants between 13 and 8 days (included) prior to the day of arrival, a cancellation fee of 75 % on the price per participant comes into effect.
(4) At a withdrawal of single participants 7 days (included) or less prior to the day of arrival, a cancellation fee of 100 % on the price per participant comes into effect.
d. Withdrawal of Single Participants for Services with Lump Sum Price
(1) At a withdrawal of single participants at services that do not depend on the number of participants, no refund will be granted.
(2) At a withdrawal of single participants at services depending on the participants, § 6 section c. will come into effect correspondingly. Basis for the calculation of the participant price will be the quotient from the lump sum price for the services (in the numerator) and the order number of participants (in the denominator).
§ 7 Cancellation for Reasons of Exceptional Circumstances
- If the event is significantly impeded, endangered or affected as a consequence of force majeure that was not foreseeable at time of contract conclusion, in particular for reasons that are beyond the influence of VIVALPIN, both parties, VIVALPIN as well as the customer, have the right to cancel the contract. If the contract is cancelled, VIVALPIN is entitled to claim a reasonable compensation for services that have already been rendered or for services that still have to be rendered.
§8 Due Diligence and Liability
(1) VIVALPIN shall be liable for contractual breaches of duty and for offences only in case of intent and gross negligence. The liability for damages, not relating to injury to the life, limb or health is limited to EUR 4.000 per participant and event. Should the price per participant exceed the amount of EUR 1.350, the liability per participant is limited to the triple amount of the price per participant.
(2) VIVALPIN shall not be liable for
- unforeseeable defects, damages, loss,
- accidents, especially skiing and snowboarding accidents, toboggan accidents,
- for events of force majeure, e. g. for the breakdown of ski lifts as well as for the lack of snow,
- for defaults in the range of third-party services that only have been arranged (e. g. sports events, exhibitions, etc.) and that are explicitly indicated as such in the confirmation.
§9 Ineffectiveness of Single Regulations
(1) The ineffectiveness of single regulations in the event contract will not result in ineffectiveness of the contract as a whole. The same shall apply for the present General Terms and Conditions. Ineffective terms shall be replaced by effective terms which come closest in economic and legal result to the ineffective term.
§10 Court of Jurisdiction
(1) For all legal relationships between the client and VIVALPIN solely the right of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded.
(2) If the customer is a merchant or a legal entity or an entrepreneur in terms of § 14 BGB , the place of jurisdiction for all claims resulting from this contractual relationship shall be Garmisch-Partenkirchen.