Section 1 Scope
1.1. The contractual services of REALIZE GmbH are based on the following terms and conditions.
1.2. Realize does not accept conflicting terms and conditions of the customer, even if REALIZE executes orders without having expressly contradicted the customer’s terms and conditions again.
1.3. These terms and conditions also apply to future business relationships without the need for a new express agreement.
Section 2 Conclusion of the contract
2.1. Our offer in the form of the presentation of an event planning is subject to change until the conclusion of the contract.
2.2. By accepting the event planning proposed by REALIZE, the customer declares bindingly that he wants to place the order.
2.3. The contract is concluded with the written acceptance by REALIZE.
2.4. For productions and components: All offered positions are and remain the property of REALIZE and are only made available on a rental basis.
2.5. Additional benefits and overtime, which REALIZE is not responsible for and are not part of an offer, will be charged separately.
Section 3 Payment
3.1. All prices and prices are also without express designation as such in EURO without statutory taxes and levies and without other, possibly applicable public-law ancillary taxes.
3.2. The invoicing of the agency’s performance is carried out in the following steps:
• 50% of the last approved budget, when the order is placed
• 40% of the last approved budget, 6 weeks before the start of the event
• 10% of the last approved budget, after the event has been held
The invoice is due 10 days after receipt.
All prices are net prices, unless otherwise stated.
3.3. The preliminary budgets mentioned in the rough cost calculation apply to the scope of services and deliveries listed in the individual contract/order. Additional or special services will be charged separately. The daily rates applicable to the services of the contractor are determined by the individual contract/order.
3.4. Incurred expenses, REALIZE provides the customer with the (gross) event price
invoiced separately. Corresponding original documents are sent to the customer
3.5. Individually indicated items and ancillary costs can be settled on a flat-rate basis. Additional costs, such as .B communication and office lump sums, are included.
3.6. All delivered goods remain the property of REALIZE until full payment has been made.
Section 4 Benefits and Changes
4.1. The services result from the detailed offer, which are listed in the concept created by REALIZE and in the cost offer.
4.2. Ancillary agreements that extend or reduce the scope of contractual services require express confirmation by REALIZE for their binding liability.
4.3. The pictorial information and contents that may be used at the time of booking have only a non-binding information character, without their contents being guaranteed.
4.4. Changes or deviations of individual services from the agreed content of the
contract that become necessary after the conclusion of the contract and which are not in breach of
Faith is only permitted if the changes or deviations are not significant and do not affect the overall cut of the booked event. Any warranty claims remain unaffected insofar as the amended services are affected by defects.
4.5. In the event of an increase in VAT in the target area (country of the event), REALIZE reserves the right to adjust and invoice it accordingly.
4.6. A calculated agency fee results from experience as well as from an internal time recording program. REALIZE reserves the right to adjust the originally calculated time calculation accordingly if the additional or reduced expenditure is apparent.
4.7. The budgeted offer prices are valid for 4 months from the conclusion of the contract. If delivery periods beyond these 4 months are agreed, the contractor is entitled to pass on the price increases of the manufacturers or suppliers or wage increases to the customer. The customer may withdraw from the contract if the increase in the total price is more than 5% of the total price budgeted at the time of conclusion of the contract. In this case, the customer is entitled to compensation for the services provided up to that point, whereby the services provided include claims of third parties, which the contractor has already commissioned in reliance on the execution of the contract. Further claims are excluded on both sides.
4.8. If the commencement or progress of the provision of services is delayed for reasons for which the contractor is not responsible, the contractor is entitled to calculate separately an additional expenditure resulting from this. The calculation rates of the contractor on the day of execution shall then be decisive.
4.9. Services not listed in the rough cost calculation, which are additionally executed at the customer’s request, or additional expenses caused by incorrect information provided by the customer or by incorrect forward payments of the customer or other third parties (unless these are vicarious agents of the contractor) will be additionally invoiced to the customer.
4.10. All prices for services abroad have been calculated using the exchange rate conversion defined in the offer. Course changes are reserved.
4.11. REALIZE is obligated to inform the customer about changes in performance or
deviations in performance without delay.
Section 5 Budget management and price changes
5.1. During the design phase, the contractor shall make a rough cost calculation,
the provisional budget size for the client’s event.
If no overall agreement has yet been reached at the beginning of the event realization or has been concluded legally, the contractor will have the corresponding partial services released by the client before the start of the realization.
5.2. As a result, the budgets of the contractor must be maintained, updated on an ongoing basis.
and to the client. To do this, the contractor periodically creates quotation updates. If the client does not object within 5 working days of notification of an offer update, the updated budget shall be deemed to have been approved.
5.3. The client is aware that changes, rescheduling or
additional costs may arise. Additional costs, which arise in connection with requests for changes (e.B. conception and/or project management by new research, conception, rescheduling, etc.) are replaced by the contractor. The prerequisite is that the additional costs have been reported by the contractor and released by the client (approval by e-mail is sufficient). In urgent cases, the Contractor may also demand reimbursement of such costs, which are necessary or appropriate for the execution of the event and correspond to the interest and the real or presumed will of the client (Section 683 of the German Civil Code), even without prior approval of the client.
Section 6 Termination of the contract
6.1. The customer is entitled to cancel the contract at any time.
6.2. In this case, REALIZE may demand the agreed remuneration; this includes claims of third parties that REALIZE has entrusted with the execution of the contract. REALIZE must, however, be credited for what REALIZE saves on expenses as a result of the cancellation of the contract or is maliciously acquired or unwilling to acquire by other use of the labour force. IT is assumed that REALIZE is entitled to 10% of the agreed remuneration attributable to the part of the services not yet provided. The customer is free to prove that this amount is less than 10%, REALIZE is open to proof that this amount is higher than 10%.
If the customer terminates the contract, REALIZE shall be entitled in this case to compensation for the expenses incurred up to that point, including claims of third parties, which the contractor has commissioned in reliance on the execution of the contract.
Upon conclusion of the contract, the customer acknowledges the cancellation conditions of the individual service providers as well as the REALIZE. If necessary, the customer can request that REALIZE hand them over.
6.3. With regard to the services not yet provided at the time of termination of REALIZE, 30% of the agreed remuneration is agreed as saved expenses.
THIS rate will be offset against REALIZE’s entitlement to remuneration, unless REALIZE proves that only lower expenses have actually been saved. Conversely, the customer is free to prove that the contractor has been spared higher expenses.
6.4. The right to terminate for good cause remains unaffected. The condition is that a corresponding written request for the removal of the important reason is made within a reasonable period of time and that the period has passed fruitlessly. An important reason exists in particular if the customer has violated his contractual obligations in a sustainable or gross manner and in particular does not properly fulfil his payment obligations despite being requested. In the event of termination for good cause by the Contractor or the withdrawal for reasons for which the Client is responsible, the above provision shall apply in paragraph (6.2. and 6.3.) accordingly. The client is free to prove that damage has not occurred or has not been caused to the stated amount. The assertion of further damage is not excluded.
6.5. If the event is significantly complicated, endangered or impaired as a result of force majeure that cannot be foreseen at the time of conclusion of the contract, both parties are entitled to withdraw from the contract. IN this case, REALIZE is entitled to compensation for the expenses incurred up to that point, including claims of third parties that REALIZE has entrusted with the execution of the contract.
Section 7 Production: Acceptance/Handover/Obligation to Check/ Complaint
7.1. The customer has the obligation to convince himself of the completeness and proper execution of the work at the time of handover or acceptance, in the presence of the contractor or a vicarious agent.
7.2. Defects for which REALIZE is responsible must be notified in writing. The customer must give REALIZE a reasonable period of time to remedy the defects.
7.2. If the customer has used material, services or part of the service without prior formal acceptance, the acceptance shall be deemed to have taken place.
Section 8 Rental/Re-rental / Rental material
8.1. In the case of pure rental transactions, the separate rental conditions of REALIZE apply, which are attached to the rental offers.
8.2. A re-letting of provided material is only permitted with the consent of REALIZE and is to be remunerated according to the planned benefit to REALIZE.
Section 9 Liability/Guarantee
9.1. REALIZE shall not be liable for services that cannot be implemented due to force majeure, bad weather and other circumstances incompatible with REALIZE (e.B.g. material procurement difficulties, operational disruptions, strikes, lockouts, official orders, loss or loss during transport, etc.) even if they occur with suppliers. You entitle REALIZE to provide the service or delivery for the duration of the disability plus a reasonable start-up period or, if necessary, withdraw from the order.
Liability is limited to such damages, the occurrence of which could reasonably be expected at the time of conclusion of the contract in accordance with the circumstances known at that time. REALIZE is not liable for indirect damages, consequential damages or loss of profit.
9.2. The liability of REALIZE for intentional or grossly negligent behaviour, for guaranteed properties as well as liability arising from the assumption of a guarantee and for injury to life, body and health remains unaffected by the aforementioned limitations of liability.
9.3. WITHin the scope of the planned use and usage period, REALIZE assumes a warranty within the meaning of the statutory provisions for offered positions. The warranty expires in the event of improper use, disclosure to third parties or unauthorized use.
9.4. The following provisions apply in the event that the event to be held by REALIZE is a travel within the meaning of Section 651ff. civil code.
9.5. REALIZE’s contractual liability for damages that are not bodily harm is limited to three times the amount resulting from the amount of the event price/number of participants,
1. insofar as damage to the participant is not caused intentionally or through gross negligence, or
2. to the extent that REALIZE is responsible for any damage caused to the participant solely due to the fault of a service provider.
9.6. REALIZE is not liable for performance disruptions in connection with services that are merely mediated as third-party services and are expressly marked as third-party services in the event concept.
Liability for performance disruptions in connection with unforeseeable events, such as severe weather, war, strike, etc. is also excluded.
9.7. A claim for damages against REALIZE is limited or excluded in so far as, under international conventions or statutory provisions based on such agreements, which are applicable to the services to be provided by a service provider, a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions.
Section 10 Insurance
10.1. We only take out insurance of any kind at the express request and on behalf of the customer.
10.2. At events, the installation and dismantling, as well as the work material must be insured by the customer.
10.3. After handover as well as during the duration of the event, the customer assumes full liability for loss and damage to material, it is advised to take out an organizer’s insurance.
Section 11 Severability clause
11.1. The ineffectiveness of individual provisions of the contract does not result in the ineffectiveness of the entire contract.
Section 12 Advertising
12.1. The customer agrees that REALIZE may advertise with the event held for him.
Section 13 Copyright clause
13.1. Copyright and ownership rights in all concepts, drafts, graphics, drawings and other documents created by REALIZE or REALIZE agents are exclusively owned by REALIZE and are therefore protected by copyright in this form.
13.2. The implementation without the participation of REALIZE as well as the distribution, citation and duplication – even in part – for the purpose of disclosure to third parties is only permitted with the prior written consent of REALIZE.
Section 14 Data Protection
14.1. REALIZE assures to collect all collected data exclusively for the purposes of in-house use and not to make it accessible to third parties. This applies to all data that the customer provides or makes available to REALIZE in the context of a request or an order.
14.2. For its part, the customer declares that all data, documents and information provided by him are free of claims of third parties and are legally in his possession.
Section 15 Source protection
15.1. The customer undertakes not to conduct any transactions, even through forwarded third parties, whether natural or legal persons, with the announced contacts.
15.2. The service providers also undertake not to enter into direct contact with the customer without the express permission of REALIZE.
Section 16 Place of jurisdiction
16.1. The general terms and conditions of REALIZE apply.
The place of jurisdiction is the registered office of REALIZE.
As of: 01/2020