General Terms And Conditions For Corporate Clients
The following GTC B2B relate purely to the conclusion of contracts with companies in accordance with Art. §14 BGB. The General Terms and Conditions for the Booking of Events for Consumers pursuant to Art. §14 BGB can be found here:
The General Terms and Conditions for the Webshop for Consumers acc. §13BGB can be found here:
General Terms And Conditions (GTC B2B) – Corporate Clients
1. Contractual Partner
2. Scope Of Application
3. Service Description
4 Conclusion Of Contract, Payment
5. Personal Requirements Of The Participants
6. Weather-dependent Program Items
7. Punctual Appearance At The Notified Time
8. Exclusion From Participation
9. Provision Of The Service / Delay / Failure / Partial Services
10 Cancellation / Postponement / Withdrawal By The Customer
11. Warranty Towards Entrepreneurs
12. Commercial Resale
13. Form Of The Declarations
15 Confidentiality And Data Protection
16. Copyrights And Rights Of Use
17 Miscellaneous / Choice Of Law / Place Of Jurisdiction
General Terms And Conditions For Corporate Clients (AGB B2B)
1. CONTRACTUAL PARTNER
A contract within the meaning of these GTC is concluded between Boarisch Groove Horst Biewald (hereinafter “Horst Biewald”, “I”, “me”), Scheibenwandstr 31, 83233 Bernau am Chiemsee, telephone: +49 8051 964596, e-mail: email@example.com, VAT identification number: DE158338639 and an entrepreneur within the meaning of §14 BGB (hereinafter “customer” or “you”).
2. SCOPE OF APPLICATION
2.1. These GTC apply to events (hereinafter also referred to as “event”), the organization and execution of which you book with me. By placing an order or booking, you accept these GTC.
2.2. The booking is also made by the customer for all participating third parties (hereinafter referred to as “participants”), for whose contractual obligations the customer is responsible as well as for his own obligations. The customer is responsible for passing on the contractual information (in particular with regard to point 16.3) to the persons for whom he has made the booking.
2.3. Any terms and conditions of the customer/participant that deviate from and/or go beyond these terms and conditions shall not become part of the contract.
3. SERVICE DESCRIPTION
3.1. I am a sole trader. My service is based on the description of the event and the associated services in the offer letter, on the website and/or on the documents sent to the customer.
3.2. The booked event is usually carried out directly by me.
4. CONCLUSION OF CONTRACT, PAYMENT
4.1. The contract between you and me is concluded with the written acceptance of the offer by you, at the latest with the booking of a date for an event. You are entitled to nominate suitable persons to take part in the event. Persons who fulfill all participation requirements are eligible. In this case, however, you remain the contractual partner and are fully responsible for the conduct of the person/persons named by you, unless a separate contract has been concluded with them.
4.2. Payment by the customer who commissions / books an event with me shall be made as provided for in the offer letter.
4.3. Changes or deviations of individual contractual services from the agreed content that become necessary after conclusion of the contract are permitted, provided that the changes or deviations are not significant and do not affect the overall concept of the agreed contractual services. I undertake to inform the customer in good time of any changes or deviations in performance.
5. PERSONAL REQUIREMENTS OF THE PARTICIPANTS
Irrespective of any related issues such as cancellation, postponement, etc., the following applies in order to avoid injury to persons (i.e. participants as well as third parties) or damage to property:
5.1. Participation in an event may require the fulfillment of personal requirements (e.g. a certain minimum or maximum age, state of health, etc.). The requirements are generally listed on the website where the event is described and in the documents sent to the customer at the time of booking. However, it may also be the case that such requirements are only communicated to the participant at a later date – then by e-mail or in another suitable manner. In any case, you will be informed of the requirements before the experience. You are responsible for ensuring that you or other persons for whom you have booked an experience fulfill these requirements at the time of the booked date and also during the event. If you are of the opinion that it is not possible to ensure that the requirements are met or if the requirements are unclear to you, please contact me immediately.
5.2. Everyone can suffer from physical or mental impairments or illnesses (e.g. walking difficulties, claustrophobia, fear of heights, allergies, etc.) that may affect your safety or the safety of other participants. Please inform me in advance of any information that could influence my participation. I then check to what extent the event can be carried out as agreed or whether changes are necessary.
5.3. Pregnancy may also mean that you are unable to take full advantage of the event.
5.4. This also applies if you have any concerns or notice any impairments during the event: Please inform me immediately on site.
5.5. The participation of children and adolescents under 15 years of age is only possible with the simultaneous participation of an accompanying adult.
6. WEATHER-DEPENDENT PROGRAM ITEMS
In the event description on the website, by e-mail, in the offer or in any other way, it is communicated whether participation in the event is dependent on certain weather conditions. In such a case, it is your responsibility to check the weather conditions with me on the day of participation in the experience. In the case of weather-dependent program items, I reserve the right to make appropriate changes to the program in consultation with the customer if the program or parts of the program cannot be carried out due to unsuitable weather for the program or parts of the program. For the rest, see section 10.4.
7. PUNCTUAL APPEARANCE AT THE NOTIFIED TIME
The latest time of your appearance or that of the persons for whom you have booked for the event, as stated in the event description on the website, in the offer letter and/or in any other way, must be strictly adhered to. If you appear after this time, it is usually no longer possible to attend the event for organizational reasons and you will lose your right to participate if participation is no longer possible and reasonable for me, but I will not lose my entitlement to remuneration.
8. EXCLUSION FROM PARTICIPATION
8.1. The participant may be excluded from the event if he/she behaves in breach of contract, in particular if
– he persistently disrupts or intends to disrupt the event despite a reminder, or he behaves or intends to behave in a manner that is significantly contrary to public decency, or he does not follow my instructions or those of persons authorized by me to do so, so that the smooth running of the event cannot be guaranteed and further cooperation is no longer reasonable, or
– he is under the influence of alcohol or other narcotics, antidepressants or psychotropic drugs which may impair his ability to react and his physical condition, but which are necessary for the safe execution of the event
I, or persons authorized by me, am authorized to exclude. In this case of exclusion, I shall retain my claim to the agreed remuneration plus any other necessary and proven third-party costs incurred in connection with the exclusion. Further claims for damages and reimbursement of costs on my part remain unaffected.
8.2. Section 9.1. applies accordingly in the event of physical or health problems of the participant which, in my opinion, could impair the proper participation of the participant or other participants.
9. PROVISION OF THE SERVICE / DELAY / FAILURE / PARTIAL SERVICES
9.1. If I am not responsible for a delay in the performance of an event that has already begun, such as traffic disruptions, strikes, force majeure or other important reasons, and if the delay is not foreseeable for me, the performance period shall be extended accordingly. If I am unable to perform even after a reasonable extension, both the customer and I shall be entitled to a pro rata reduction in performance and a corresponding pro rata refund or to withdraw from the contract.
9.2. If the start of the service (start of the event) is postponed for reasons for which I am not responsible and the postponement is not foreseeable for me, I can, at my discretion, offer you / the participants a new date or a rebooking to another event or withdraw from the contract. In the event of withdrawal, the customer will be reimbursed for any payments made. In such cases, I do not assume any compensation for expenses or damages incurred by you in connection with the cancellation or renewed use of the service (experience) (e.g. transfer costs, accommodation, accompaniment, vacation, etc.).
9.3. Please note that some of my events may be subject to special participation rules or agreements, which may be notified in advance or posted, and that the German Youth Protection Act, the German Catering Act and other public law regulations may apply to catering areas.
10. CANCELLATION / POSTPONEMENT / WITHDRAWAL BY THE CUSTOMER
10.1. The statutory termination and withdrawal provisions apply.
10.2. If the event cannot be held in person due to important reasons such as unsuitable weather conditions (see section 6) or force majeure, strikes, pandemics or natural disasters, the event will be held online in consultation with me. I provide the necessary technical facilities for this. Any cancelable expenses and travel costs already charged by me will be refunded. Additional costs for online implementation (video platform, technical support, etc.) will be charged to the client. In such cases, I will not accept any compensation for expenses or damages incurred by you / the participants in connection with the rebooking to online (e.g. transfer costs, accommodation, escorts, vacation, etc.). In this case, I am entitled to provide partial services if this is reasonable for you or the participant.
10.3. As an alternative to point 3, an alternative date (“rebooking”) for the event can be agreed with me within two weeks of the declaration that the event is not feasible. In the event of a rebooking, the customer will incur additional fees, which are defined as follows:
– Up to 4 weeks before the originally booked date: 50% of the seminar price
– Up to 1 week before the originally booked date: 70% of the seminar price
– Less than 1 week before the originally booked date: 100% of the seminar price
10.4. The event can also be held online after booking at the customer’s request – in this case the provisions of point 4 apply – or rebooked to another date or canceled. In the event of a rebooking or cancellation at the customer’s request, additional fees will be charged to the customer, which are defined as follows:
– More than 6 months before the originally booked date: 30% of the seminar price
– More than 3 months before the originally booked date: 70% of the seminar price
– 3 months or less before the originally booked date: 100% of the seminar price
11. WARRANTY PERIOD VIS-À-VIS ENTREPRENEURS
In dealings with entrepreneurs within the meaning of § 14 BGB, i.e. with natural or legal persons or partnerships with legal capacity who enter into a business relationship with me in the exercise of their commercial or independent professional activity, and if and insofar as the law on contracts for work and services should be applicable to the statutory warranty, the warranty period for defects of title or material defects shall be one year from acceptance of the event or the end of the event witnessed by the entrepreneur without complaint, unless the defect was fraudulently concealed; if the defect was fraudulently concealed, the statutory limitation period shall apply.
12. COMMERCIAL RESALE
12.1 The event is sold exclusively for the customer’s/participant’s own use in the context of company celebrations, incentives, customer events, etc., enabling the customer to participate in the respective experience himself, possibly with friends/acquaintances or company employees or colleagues, or to give it away to third parties as a voucher to the usual and appropriate extent.
12.2. The procurement of vouchers or participation entitlements to events for the purpose of commercial or business resale or other transfer is prohibited unless this has been contractually agreed.
12.3. It is prohibited to procure vouchers or participation authorizations for events for the purpose of not participating in the event itself and/or not using the vouchers or participation authorizations within the scope of the permitted circumstances in Section 12.1. and 2. and/or to obtain income, commissions or other benefits by offering or passing on the vouchers or participation authorizations that go beyond the desired “benefits” of company celebrations, incentives, customer events that are within the usual and appropriate scope.
13. FORM OF THE DECLARATIONS
Legally relevant declarations (e.g. withdrawal, termination) and notifications that you have to make to me or a third party must be made in writing (e-mail, fax, etc.).
14.1. I am liable without limitation for property damage and financial losses caused to the customer or participant, insofar as they were caused by me or my vicarious agents through gross negligence or willful misconduct.
14.2. In the event of slight negligence, however, I shall only be liable for property damage and financial loss caused to the customer or participant in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation). My liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall apply equally to our own conduct and to the actions of any vicarious agents.
14.3. However, I am fully liable for damages to life, body and health caused to the customer or participant by me or my vicarious agents, i.e. for any kind of negligence and for intent. My liability under the Product Liability Act is also unlimited.
15. CONFIDENTIALITY AND DATA PROTECTION
15.1. The parties shall treat the content of the contractual relationship with me and all information that becomes known in connection with the implementation of the contractual relationship as confidential. This obligation also applies beyond the termination of a contractual relationship.
15.2. You and I undertake to observe and comply with the applicable data protection regulations – in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG-new) and the Telecommunications Act (TKG). If you forward participants’ data to me, please ensure that you have obtained any necessary consent.
16. COPYRIGHT AND RIGHTS OF USE
16.1. No copyrights or rights of use are transferred upon conclusion of an agreement on the purchase of events, unless expressly agreed otherwise. Each party is entitled to publish, reproduce and exploit the designs or works created by it within the scope of this contract. Any use of the designs or works provided must be agreed in advance with the other party.
16.2. If you purchase events from me, you undertake to ensure that any external communication relating to the events you purchase does not infringe any trademark or copyright rights. For this purpose, you will provide me with all communication material and texts prior to publication.
16.3. For the utilization of image and/or video material created during the event by Horst Biewald, corresponding usage agreements shall be made in consultation with the customer and recorded in a separate written agreement. This can be done when the contract is concluded as well as before or after the event.
17. OTHER / CHOICE OF LAW / PLACE OF JURISDICTION
17.1. There are no verbal collateral agreements. Amendments and supplements must be made in writing to be effective. This also applies to this written form requirement.
17.2. This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of its conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.
17.3. The place of jurisdiction is primarily the registered office of Horst Biewald. I am also entitled to sue at the customer’s place of business.