TERMS & CONDITIONS
1. Scope:
Unless otherwise expressly agreed in writing, the following “General Terms and Conditions” (GTC) apply to all services (conception of events, organization and planning of events and/or its implementation, customer service and the mediation of third-party services for the implementation of events) between the customer and t2-events gmbh. The contract is concluded once signed by both parties - the client and t2-events gmbh.
2. Invalidity and written form:
If any provision of these Terms and Conditions should be partially or completely invalid or unenforceable, or should later lose their legal effect, the validity of the remaining terms shall not be affected. Amendments and an addendum to the Terms and Conditions must be made in written form. Any plea of verbal modification to the contract is expressly waived.
3. Concept, presentation, copyright protection:
If t2-events gmbh does not receive an order after participating in a presentation, request for quotation from the customer or after creating a concept, all services of t2-events gmbh, in particular their content, remain the property of t2-events gmbh. The customer is not entitled to continue to use them - in whatever form. These services are subject to a fee.
By commissioning t2-events gmbh to create a concept (by e-mail, letter or telephone), the customer acknowledges that t2-events is entitled to charge an appropriate fee for the creation of a concept. If there is a mutual cooperation agreed in writing at a later point in time, the effort involved in creating a concept is part of the cooperation agreement.
All rights of use and services from t2-events gmbh (e.g. idea sketches, suggestions, photos, concepts for events, etc.) as well as individual parts thereof remain the property of t2-events gmbh. By paying the fee, the customer only acquires the right to use it for the agreed purpose. Unless otherwise agreed with t2-events gmbh, the customer may only use the services of t2-events gmbh himself and only for the duration of the contract. Additions or changes to services of t2-events gmbh by the customer are only permitted with the express written consent of t2-events gmbh and the author - insofar as the services are protected by copyright.
For the use of services of t2-events gmbh that go beyond the originally agreed purpose and scope of use, regardless of whether this service is protected by copyright, the consent of t2-events gmbh is required. For this, t2-events gmbh and the author are entitled to a separate appropriate remuneration.
One-time, repeated or multiple use of event concepts are subject to a fee; they require the written consent of t2-events gmbh. The transfer of granted usage rights to third parties also requires the consent of t2-events gmbh. t2-events gmbh is entitled to the right of information about the scope of use.
The templates provided by the customer to t2-events gmbh (e.g. texts, photos, samples) are used provided that the customer is authorized to use them. The customer confirms that he has the rights necessary for the fulfillment of the contract (e.g. copyrights, trademarks, design rights, etc.) to the templates provided by him to t2-events gmbh and that these materials do not infringe the rights of third parties. The customer holds t2-events gmbh harmless in the event of any claims from third parties.
Images and texts on the homepage of t2-events gmbh, print media and offers are subject to copyright.
4. Agency fees and service fees:
Our service fees and the calculation of agency fees are based on our rates according to the offer in question and its accompanying supplements. These fees are net excluding VAT. Bids and offers are subject to fee changes. All fees and expenses of third service providers (hotels, restaurants, transport firms, event organisers, artists etc.) shall continue to be charged fully to the client, as also all additional costs invoiced by the third service providers which deviate from the offer in question. Any additional expenses and special requests must be paid for in full by the client. The total expenses and gross invoice amount of all service providers shall be the determining factors when calculating commissions. Prices in Euros or in other currencies are based on the daily exchange rate in CHF. Clearing and settlement shall be carried out in Swiss Francs (CHF) or Euro (EUR) on the day of the corresponding invoice for services purchased. When there are fluctuations on the exchange rate, we reserve the right to make adjustments. Bills shall be due and payable within 10 days, or within the time stipulated by the invoice.
5. Changes in the number of participants and the demands resulting from this:
The number of people specified in the contract is binding on all planning and execution. If the agreed number of participants is not reached, then t2-events gmbh may cancel certain activities and offers at short notice or make amendments to programs to ensure that the client assumes the resulting additional costs. The said number of participants is binding as an accounting basis if established 72 hours before the event.
Any accrued costs or claims from the service providers and partner firms resulting from alterations, transfers and cancellations of services, e.g. framework programs, transportation, flights, meals, hotel rooms, partner firms, technology, entertainment etc. shall be fully chargeable to the client or customer, even if these costs are invoiced after the final settlement. See Fig. 8, Cancellations and cancellation fees.
6. Changes to services, complaints, claims for damages, termination of the event:
The client must themselves bear the full consequences of non-culpable inefficiency and chance incidents; t2-events gmbh expressly reserves the right to carry out service changes and price and program alterations in cases of imperative necessity (weather, accidents, natural catastrophes, strikes, overbooking, seasonal price increases, security risks, regulatory actions etc.) As a gesture of goodwill, we endeavour to provide an equivalent substitute service, but we cannot ensure a substitute offer. Additional costs arising from service changes occasioned by the service user or customer shall be made at their own expense. Unless otherwise agreed, such changes shall not be deemed to be a material change of contract and shall not entitle the client to withdraw from the agreement. If the client or participant terminates the activity or leaves early, they shall not be entitled to reimbursement.
7. Pre-payments:
After the collaboration agreement has been signed, pre-payments shall be due in accordance with our Terms and Conditions. Where recurring services are involved, the start-date of the overall service shall be the determining date. If pre-payments are not paid on schedule, provision of the service may be suspended until payment is received (see also Section 12 – Termination of cooperation agreement.) We require a 100% advance payment to be made prior to the event. Unless otherwise agreed, the following provisions apply:
On concluding the contract, 50% of the estimated total as a deposit. 3 months prior to the event, an additional 30% and 1 month prior the outstanding 20%.
If service providers demand higher down payments, their pre-payment regulations shall apply.
8. Cancellations and cancellation fees:
If a cancellation is made after the conclusion of a contract, the client shall be invoiced for costs accrued up to the date of cancellation (including deposits for the service providers, personal expenses according to our price list, invoices, costs and claims by third service providers etc.)
Moreover, the agreed agency fee shall be invoiced in accordance with the following cancellation provisions:
As of contract conclusion to 180 days before the event: 25% of the total amount
From 179 to 120 days before the event: 50% of the total amount
From 119 to 90 days before the event: 75% of the total amount
From 89 to 60 days before the event: 85% of the total amount
From 59 days before the event: 100% of the total amount
If third-party service providers and cooperation partners have higher no-show, cancellation and deposit rates, these rates shall apply to the cancelled services in accordance with their terms and conditions or their invoice. We accept no credit risk, deposit risk or cancellation risk for any prior or subsequent claims made by the third service providers.
These shall continue to be billed to the client in question. We accept no liability for the provision or non-provision of services by third-party service providers, regardless of whether these providers collaborate directly or indirectly with the client.
9. Complaints:
Any complaints may be reported either verbally and in person to the companion of t2-events gmbh at the event or within seven days after the event in written form.
10. Insurance:
Insurance is in the responsibility of the client in question, as also their guests and participants. The participant or client is not insured by t2-events gmbh. The client or their guests or participants must have independently arranged for sufficient health and accident insurance (including insurance for sporting accidents). Cancellation insurance and travel insurance are recommended. The participant or client is responsible for repatriation, medical care and cases of accident, death or illness, and shall assume the related costs (see under liability, Section 11). In hotels, valuables are to be kept in a safe.
Any instructions given by t2-events gmbh or their officers, employees, subcontractors or third-party service providers must be observed at all times.
11. Liability:
As far as is permissible within law, liability shall be excluded to the greatest possible degree, particularly in cases of simple negligence, and in relation to all assistants and employees. Our listed selection of service providers is not to be taken as a recommendation – the client makes their own choice, so that t2-events gmbh holds no liability for the selection and provision or non-provision of services through the third-party service providers. This is particularly applicable in cases of sport, outdoor, adventure and all transport-related activities: t2-events gmbh acts as a mediator of services and buyers of offers and products, not as a tour operator, and is hereby excluded from organizer's liability and accepts no liability in case of damage. We also take no responsibility for vehicles, luggage, valuables etc. In case of damage or program failures, liability is fully transferred to the responsible service provider or DMC carrying out the activity. The customer or client alone is responsible for dealing with visas, customs, exports and state law. t2-events gmbh assumes no liability, should the program have to be cancelled due to a limited number of participants, due to hindrances or due to bankruptcy of the third-party service provider. In such cases, our cancellation fees apply (see Section 8.) In any case, damage shall be limited to the agreed contract sum.
12. Termination of collaboration agreement:
The collaboration agreement is regarded as a fixed-term contract and cannot be properly terminated. t2-events gmbh has the right to withdraw from the contract if 1. The customer has exceeded the payment date for invoices, payments or deposits by 14 days, 2. The customer or client has, through negligence, provided contradictory information about a situation, making it impossible or considerably more difficult to provide the services.
13. Applicable law and place of jurisdiction:
The relationship between t2-events gmbh and the customer is subject exclusively to Swiss law. The place of jurisdiction is Bremgarten AG.
14. General Terms and Conditions in a foreign language:
If the present General Terms and Conditions (GTC) are transferred into a foreign language, the German version of the GTC is always valid in the event of linguistic ambiguities.
15. Acceptance of the Terms and Conditions:
By commissioning t2-events gmbh, customers/clients accept these General Terms and Conditions without reservation and in full.