Seit 1979 Ihr Ansprechpartner für komplexe Veranstaltungsplanung, Realisierung und Betreuung für u.a. Landesvertretungen, Botschaften, Banken, Museen und Theater. Wir beraten und betreuen Agenturen, Kunden aus Politik, Wirtschaft und der Medienlandschaft.
The company Art Lights Kulturservice GmbH (hereinafter also referred to as “AL”) is a full-service provider für Event realisation and technical equipment. The following GTC are part of the contracts concluded between it and the customer. In this respect, they are directed exclusively at commercial customers or entrepreneurs within the meaning of § 14 BGB (German Civil Code).
Conditions of the customer that contradict or deviate from these General Terms and Conditions shall not become part of the contract unless AL expressly recognises them in full or in part.
The following General Terms and Conditions of AL shall also apply in particular if AL makes unconditional use of or accepts these services in the event of conflicting or deviating General Terms and Conditions of the customer.
The performance owed by AL is determined exclusively by the concluded contract and the supplementary provisions in the following GTC.
For the duration of the contractual relationship and in the cases of sentence 2, AL may store and use the customer’s personal data in compliance with the applicable data protection regulations.
Contents of electronic data carriers or other data which are made available to AL for the purposes of the respective order in order to reproduce them, distribute them in any form and/or make them accessible to third parties will be deleted by AL from the data carriers of AL immediately after completion of the order. Archiving only takes place if this was ordered in writing by the customer before the event.
Payment and retention
If the parties have agreed that a down payment or advance payment must be made by the customer at a certain time, AL is entitled to exercise a right of retention until the down payment has been made in full in the event that the customer fails to make such payment.
Furthermore, AL is entitled, in the absence of the down payment and a default situation of more than 14 calendar days, to make the provision of services entirely dependent on the fact that, in addition to the originally agreed down payment, the entire agreed consideration is paid or security is provided in this respect.
Transfer of use
After taking over the subject matter of the contract, the customer is obliged to check it and to notify AL immediately, primarily in writing, of any recognisable defects. The same applies to defects which occur in the course of the contractual relationship. If the customer fails to report a defect without delay, he can neither reduce the consideration nor assert a right of retention. Claims under Article 7 shall remain unaffected.
The customer is liable for all damage to the object of performance of AL and/or property and assets of third parties resulting from the fact that a notice of defects was culpably not transmitted or was transmitted late.
The customer assumes the traffic safety obligations on the subject matter of the contract from acceptance until proper take-back. If a claim is nevertheless effectively asserted against AL for damage to the legal property of third parties during the period of transfer of use, AL shall be indemnified to this extent by the customer, insofar as AL is not at fault of its own.
Participation / Place of performance
The customer must ensure that the place at which the service is to be provided by AL in accordance with the contract is suitable. In addition, it is also the customer’s responsibility to obtain any necessary official permits and/or comparable requirements from third parties at his own expense.
If the service can only be provided by AL at the desired location with additional expenditure, which is not the subject of the contract, AL can document the additional expenditure and invoice it to the customer. With reference to this clause, AL will inform the customer in advance of the defectiveness of the place of performance and quantify the expected volume of expenditure.
Upon expiry of any fixed contract term and in this respect unauthorised further use by the customer, the contract shall not be extended. Nevertheless, the customer shall owe compensation for the time used in breach of contract on the basis of the pricing in the contract.
The same applies if the customer prevents or damages AL during dismantling/removal of the object of performance. The customer is not entitled to a right of retention in this respect, unless this can be justified on the basis of an undisputed or legally established claim.
In the cases of clauses 4 and 5, any claim for damages of AL towards the customer remains unaffected.
Premature termination of contract / non-call of service
The contract can only be terminated prematurely for good cause.
If the customer terminates the contract for reasons for which AL is not responsible, the customer remains obliged to pay the contractually agreed consideration; the same applies in the event that the customer does not call for the service or prevents the service from being provided due to a lack of cooperation, in each case after setting a reasonable deadline.
In both cases, AL must take into account expenses saved or other advantages.
Warranty by Art Lights Kulturservice GmbH (AL)
If a defect occurs in the service to be provided by AL, AL shall be obliged, notwithstanding the provision in Article 4, to remedy it at its own expense after appropriate notification. The notification of defects to AL shall be made in writing for documentation purposes.
If AL fails to remedy the defect within a reasonable time, the customer may only assert further rights in this respect if a corresponding written request or a fax request with a reasonable period of grace to AL has elapsed without result.
Limitation of liability
AL is liable for injury to life, body and health in the event of its own intentional or negligent breaches of duty and for the fault of its legal representatives and vicarious agents in accordance with the statutory provisions.
In all other respects, claims for damages, on whatever legal grounds, are excluded, insofar as AL, its legal representatives and vicarious agents are merely guilty of simple negligence. The above limitation does not apply if AL has violated essential contractual obligations.
Claims for damages against AL pursuant to Clause 2 shall become statute-barred three months after the claim arises.
Disclaimer of liability
If fixed performance periods or a fixed performance period have been agreed in the contract and AL cannot meet the deadlines due to circumstances for which it is not responsible, such as industrial action, storms or similar, AL shall not be liable in this respect.
Liability of the customer
The customer shall be liable for any loss, damage and deterioration of the object of performance to the extent that he is responsible for negligence or intent.
Claims for deterioration and/or destruction of the surrendered object become statute-barred after one year, calculated from the date of handover of the object to AL.
The customer undertakes to take out property insurance on a fair value basis for the period of contractual use of the service, including extended use in accordance with Article 5 paragraph 3, which covers the object of the service against loss, theft, damage, damage due to vandalism, destruction, in particular due to natural hazards. The costs shall be borne by the customer.
AL is entitled to make the provision of services dependent on a corresponding proof of insurance.
Supplementary conditions for purchase contracts
If the subject matter of the contract between AL and the customer is the purchase of items, the following provisions shall also apply.
Ownership of the object of purchase remains with AL until full payment of the purchase price. In the event that the customer resells the item, he hereby assigns the purchase price claim due to him to AL. AL accepts the assignment and is furthermore entitled to disclose the assignment after the occurrence of a default situation.
If the object of purchase is a used article, the sale is made to the exclusion of any warranty; liability for intent and fraudulent intent remains unaffected.
If a new item is concerned, the warranty period shall be 12 months and shall be determined in terms of content in accordance with the statutory provisions after fulfilment of the obligation to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code).
The limitations of liability pursuant to Articles 8 and 9 shall apply equally.
Supplementary conditions for rental contracts
If the subject matter of the contract between AL and the customer is the remunerated surrender of objects without service or work performance, the following provisions shall additionally apply.
Unless otherwise agreed, the customer must collect the rented object from AL at his own expense and transport it there after the end of use.
The customer shall be exclusively responsible for ensuring the safety of the rented property.
The limitations of liability pursuant to Articles 8 and 9 shall apply equally.
Claims due to deterioration and/or destruction of the surrendered object become statute-barred after one year, calculated from handover of the object to AL.
As the place of jurisdiction for all disputes or disputes in connection with the concluded contract, the parties agree as entrepreneurs within the meaning of § 14 BGB or merchants within the meaning of the HGB according to § 38 ZPO, as far as permissible, Berlin.
The concluded contract is exclusively subject to the law of the Federal Republic of Germany.
In the event that a clause should be invalid in whole or in part, this shall not affect the validity of the contract or the inclusion of the remaining GTC. The invalid clause shall be replaced by a clause which comes closest to the spirit of the original clause in connection with the spirit of the contract.
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