Section 1 Scope of Application

(1) These General Terms and Conditions apply to services provided by Andreas Schulze to customers. These General Terms and Conditions apply to all contracts with both consumers and business customers. A consumer within the meaning of § 13 of the German Civil Code (BGB) is a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business customer within the meaning of § 14 BGB, on the other hand, is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

(2) Deviating terms and conditions of the customer do not become part of the contract (hereinafter also referred to as the “Event”), even if I do not expressly object to them.

(3) For business customers, the following applies: These General Terms and Conditions also apply to future orders (hereinafter also referred to as the “Event”) with the customer, even if they are not explicitly incorporated into the contractual relationship again.

Section 2 Conclusion of Contract

(1) The customer may place an order in writing, by email, or verbally.

(2) The contract comes into effect, at the latest, upon my commencement of performance, with the person who placed the order, regardless of who the invoice recipient is. If the party placing the order differs from the invoice recipient, that party is liable for the invoice amount in addition to the invoice recipient.

Section 3 Scope of Services

(1) The subject matter of my services for an event is generally agreed individually with the customer.

(2) My services may include, for example, the planning of an event, the organization of the accompanying program, the provision of the accompanying program, the planning and/or setup of an event with lighting and/or sound technology, the hosting/emceeing of an event, or a combination of various service components.

Section 4 Event

For business customers, the following applies: After conclusion of the contract and before the commencement of performance, the customer shall designate a fixed point of contact. This point of contact is responsible for communication during coordination with me. I am only obliged to accept requests for changes from this designated point of contact of the customer.

Section 5 Content

(1) The customer shall provide me with the content they wish to have incorporated into the event, unless otherwise agreed. The customer shall ensure that elements they wish to have incorporated, such as specific texts, photos, or similar, or elements the customer is required to supply or provide, such as business premises, vehicles, existing corporate design guidelines, logos, graphics, informational materials, or similar, are available at the event venue at the agreed start time of the event. The customer is liable for any additional costs arising from delays.

(3) The customer is also otherwise obliged, to a reasonable extent, to provide appropriate cooperation in the development, production, and execution of the event.

(4) If I provide the customer with proposals, drafts, test versions, or similar, the customer shall review them promptly and carefully to a reasonable extent. The customer shall communicate any objections or requests for changes without undue delay.

(5) If the customer fails to fulfill their duty to cooperate despite being given notice, I am entitled to terminate the contractual relationship for cause and to claim damages.

Section 6 Remuneration and Payment Terms

(1) The remuneration individually agreed with the customer covers all contractually agreed service components.

(2) The flat-rate price generally does not include expenses or travel costs. Unless otherwise agreed, travel costs are charged separately at €0.40 per kilometer driven, starting from 20 km. If travel is by Deutsche Bahn or other public transportation, the customer bears the resulting travel costs. The customer bears any accommodation costs for myself and my assistants.

(3) For consumers, the following applies: prices include statutory value-added tax.

(4) For business customers, the following applies: prices are exclusive of statutory value-added tax.

(5) Unless otherwise agreed, 100% of the remuneration agreed under (1) is due for payment upon placing the order. The advance payment must be credited to my account no later than 4 weeks before the start of the event.

(6) My invoices are due for payment in full, without deduction, upon receipt.

Section 7 Termination, Damages, Expense Flat Rates

(1) This contract may be terminated by either party for good cause.

(2) I am entitled to terminate for good cause, in particular, if the customer materially breaches their obligations under Sections 2 to 8 of this contract and/or if the customer, despite being given notice, fails to meet their payment obligation under Section 6 of this contract.

(3) If the customer terminates the contract before the start of the event or before the service has been fully rendered, they must pay the agreed remuneration less any expenses I have saved as a result. In the event of termination within 4 weeks before the planned start date of the event or performance of the service, I will charge 75% of the agreed remuneration. In the event of termination less than 2 weeks before the planned start of the event or performance of the service, I will charge 100% of the agreed remuneration.

(4) If termination before completion of the event or performance of the services is due to circumstances for which the customer is responsible, such as elements or premises not being provided, unsuitable premises, etc., the customer owes, in addition to the remuneration, compensation for the resulting damages, amounting to at least 50% of the agreed remuneration. The customer remains free to prove that we have suffered lesser damages. I am likewise entitled to assert a claim for higher damages.

Section 8 Final Provisions

(1) German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.