GENERAL TERMS AND CONDITIONS

of KESCH Event & Promotion GmbH

The following General Terms and Conditions (GTC) form the basis and are an integral part of every contractual agreement between KESCH Event & Promotion GmbH and the client. KESCH Event & Promotion GmbH hereby expressly objects to any conflicting provisions in the client’s general terms and conditions. These General Terms and Conditions only apply to contracts in which consumers are not involved.

§ 1 Conclusion of contract
1. contracts between KESCH Event & Promotion GmbH and the client shall only come into effect upon express acceptance by KESCH Event & Promotion GmbH. Offers are subject to change.

2. the scope of the contractual performance obligation results exclusively from the service description of KESCH Event & Promotion GmbH and / or the information in the contract confirmation.

3. collateral agreements that change the scope of the contractual services require express written confirmation.

4. changes or deviations of individual contractual services from the agreed content of the contract 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 scope of the agreed contractual services.

5 KESCH Event & Promotion GmbH undertakes to inform the client immediately of any changes or deviations in performance.

§ 2 Prices
1. all prices are net prices excluding VAT.

2. unless otherwise agreed, third parties shall be commissioned in the name and for the account of KESCH Event & Promotion GmbH. In this case, KESCH Event & Promotion GmbH shall not be obliged to issue an invoice for the services rendered by third parties on its behalf or to submit invoices from the person commissioned by it.

3. services not estimated in the offer which are carried out at the request of the client or additional expenses which are caused by incorrect information provided by the client, by transport delays through no fault of the client or by advance services of third parties which are not carried out on time or professionally, insofar as they are not vicarious agents of KESCH Event & Promotion GmbH, shall be invoiced to the client additionally in accordance with the current remuneration rates of KESCH Event & Promotion GmbH.

§ 3 Payment
KESCH Event & Promotion GmbH is entitled to invoice each individual service immediately after it has been rendered. Unless otherwise agreed, invoice amounts are due for payment immediately upon receipt of the invoice. In addition, KESCH Event & Promotion GmbH is entitled to demand advance payments to cover its expenses. The advances are negotiated and determined separately.

§ 4 Withdrawal
1. The client is entitled to withdraw from this contract up to 7 days before the agreed start of the service. In the event of withdrawal, the client shall make the following payments to KESCH Event & Promotion GmbH: a. If the client withdraws from the contract, he shall, unless otherwise agreed, reimburse the direct costs incurred up to the time of withdrawal as well as the loss of profit as minimum damages. The loss of profit amounts to at least 30% of the net order amount before VAT. KESCH Event & Promotion GmbH reserves the right to claim higher damages.

b. The planning and organization as well as site/location rental are to be paid in full in the amount incurred.

c. of the implementation costs incurred (personnel, catering, etc.) are to be paid:

– 30 % of the order amount from the time the order is placed
– from 28 days before the date of performance 50% of the order amount
– from 14 days before the date of performance 80% of the order amount
– from 7 days before the date of performance 100% of the order amount

2. the commencement of services shall be deemed to be the start of events and generally the day on which KESCH Event & Promotion GmbH is obliged to provide the contractually owed service.

3. the withdrawal must be made in writing. The date of receipt of the declaration of withdrawal by KESCH Event & Promotion GmbH shall be deemed the effective date for calculating the deadline.

4 Cancellation payments shall not apply to services provided by KESCH Event & Promotion GmbH in the context of the rental of items. In the event of such contracts being rescinded, the client shall pay a lump sum amounting to a standard 30% of the agreed price.

5. the withdrawal payments have been calculated taking into account the applications usually saved. Proof of higher damages remains unaffected.

6. for each case of withdrawal by KESCH Event & Promotion GmbH, the liability of KESCH Event & Promotion GmbH towards the client shall be limited to an amount equal to 10% of the agreed price.

7. the client shall be at liberty to provide proof of lower expenses incurred by KESCH Event & Promotion GmbH. The client bears the burden of proof for this. Evidence by questioning witnesses is excluded in this case.

§ 5 Termination
If the event/order is significantly impeded, jeopardized or impaired as a result of force majeure unforeseeable at the time the contract was concluded, both KESCH Event & Promotion GmbH and the client may terminate the contract. If the contract is terminated, KESCH Event & Promotion GmbH may demand reasonable compensation for the services already rendered or still to be rendered at the end of the event.

§ 6 Liability
1. The liability of KESCH Event & Promotion GmbH towards the client for damages due to pre-contractual or contractual claims shall be limited to a total of three times the agreed price, insofar as damage was not caused intentionally or through gross negligence on the part of KESCH Event & Promotion GmbH.

2. otherwise, liability for slight negligence is excluded to the extent permitted by law. It is agreed between KESCH Event & Promotion GmbH and the client that the latter shall use the services of KESCH Event & Promotion GmbH at its own risk.

3. liability due to a tortious act is excluded to the same extent as under § 5 clause 1. and 2. – to the extent permitted by law – limited or excluded.

4. in the case of services offered by KESCH Event & Promotion GmbH with increased risk, KESCH Event & Promotion GmbH may demand the signing of a separate disclaimer. KESCH Event & Promotion GmbH undertakes, at the request of the client, to offer a higher liability sum by taking out or arranging an appropriate liability insurance policy if these risks are insurable. In this case, the insurance premiums for the higher insurance will be reimbursed to KESCH Event & Promotion GmbH as expenses. In all other respects, the above liability regulations remain in force.

5. insofar as KESCH Event & Promotion GmbH has to offer and provide its services to third parties (i.e. persons who are attributable to the client’s camp, such as vicarious agents of the client, guests of the client, etc.) on behalf of a client, the client shall indemnify KESCH Event & Promotion GmbH against all third-party liability claims insofar as these exceed the aforementioned liability limits. The client undertakes to agree the same limitations and exclusions of liability with the participants in favor of KESCH Event & Promotion GmbH.

6 KESCH Event & Promotion GmbH accepts no liability for any material, equipment or space provided by the client or third parties for the organization of events. In this respect, the client shall indemnify KESCH Event & Promotion GmbH against any liability claims asserted against KESCH Event & Promotion GmbH by the client or participants.

7. in particular, KESCH Event & Promotion GmbH shall not be liable if the personnel deployed are subject to the instructions of the client during the campaign.

§ 7 Rental
1. Insofar as KESCH Event & Promotion GmbH rents or lends items of any kind, the client shall be liable for loss, damage or other impairment of the substance and intended use of the rented or lent items. Claims for compensation by KESCH Event & Promotion GmbH shall be based on the replacement value.

2 KESCH Event & Promotion GmbH may require the client to take out insurance for the aforementioned risks.

§ 8 Intermediary services
1. KESCH Event & Promotion GmbH shall not be liable for service disruptions and damages in connection with services that are merely arranged as third-party services and/or that are expressly identified as third-party services in the offer.

2. if, in the case of a brokerage transaction, it becomes impossible for one of the clients to fulfill its obligations, KESCH Event & Promotion GmbH shall be indemnified against all claims of the other client. This also applies to claims arising from breaches of contract or other claims for damages.

3. insofar as KESCH Event & Promotion GmbH acts as an agent and agency for services, artistic performances, etc., the respective client undertakes not to use the contacts established by KESCH Event & Promotion GmbH for the conclusion of direct business transactions. This obligation of the client is limited to the specific duration of the individual order. In the event of a breach of this obligation, KESCH Event & Promotion GmbH shall be placed in the same position as if the unauthorized direct business had been brokered by KESCH Event & Promotion GmbH. In this case, KESCH Event & Promotion GmbH shall be entitled to payment of the agency commission – per breach by the client – that the client would have paid to KESCH Event & Promotion GmbH for the specific agency transaction.

4. if KESCH Event & Promotion GmbH acts as an agent in the name and on behalf of the client, the client shall directly bear any costs incurred in connection with the organization of the event, such as GEMA, local taxes, etc.

§ 9 Warranty
1. KESCH Event & Promotion GmbH shall have the right to withdraw from events and projects for which the participation of the client requires special physical or other qualifications, even during the duration of the event, insofar as the execution of the contract is impossible for these reasons and the withdrawal is also in the well-understood interest of the client or the participating third parties. KESCH Event & Promotion GmbH shall also be entitled to exclude individual participants from the event if this appears necessary for reasons attributable to the client.

2. should a service not be provided or not be provided in accordance with the contract, the client must immediately notify the defect in performance and demand remedy. The client may only refuse replacement services from KESCH Event & Promotion GmbH if this cannot be reasonably expected of him for an important reason recognizable to KESCH Event & Promotion GmbH In the event of any disruptions in performance, the client shall be obliged to cooperate within the framework of the statutory provisions to avoid or minimize any damage. In the event of any service disruptions, the client is obliged to do everything reasonable to help remedy the disruption and to minimize any damage that may arise.

3. if the client requests a reduction of the contractual price owed by him due to alleged poor performance of the contract by KESCH Event & Promotion GmbH, he is obliged to inform KESCH Event & Promotion GmbH of this immediately, stating the reasons. If the contractual partner is an entrepreneur, the following shall apply: In the event of a complaint, claims can only be asserted against KESCH Event & Promotion GmbH if a defect in performance was reported immediately after the contractually agreed end of the event.

4. if the client provides premises and areas for the event, it shall be responsible for ensuring that the premises and areas provided are approved and suitable for the event to take place. The client then assumes in particular the obligation to obtain any necessary permits, to secure routes and areas against general hazards and to exclude sources of danger. The client shall assume the duty to ensure safety on the premises and grounds made available by him. The customer shall indemnify KESCH Event & Promotion GmbH against any liability arising from a breach of the duty to maintain public safety or from the nature or location of the premises and areas provided.

§ 10 Protection against competition
The persons employed by KESCH Event & Promotion GmbH may not be employed by the client for a period of 18 months after the end of their employment with the client, neither on a temporary basis nor as permanent employees, nor may they be commissioned as subcontractors or placed with third parties. A contractual penalty of € 5,000.00 per person is agreed for each case of infringement. Further claims for damages remain unaffected by this.

§ 11 Final provision
1. All personal data provided to KESCH Event & Promotion GmbH for the purpose of organizing the event shall be protected against misuse. The client agrees to the storage of the data required to process the order.

2 Should individual provisions of these GTC become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the parties.

3 Austrian law shall apply.

§ 12 Place of jurisdiction and place of performance
If the contractual partner is an entrepreneur, the place of jurisdiction for all claims arising from this contract shall be Vienna. The client may sue KESCH Event & Promotion GmbH only at the Commercial Court of Vienna, irrespective of the amount in dispute.

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