General terms and conditions

Status: December 2023

General Terms and Conditions of EXC Events GmbH, hereinafter referred to as EXC.
The following General Terms and Conditions (GTC) are the basis and integral part of every contractual agreement between EXC Events GmbH and the Client. EXC hereby expressly objects to any conflicting provisions in the Client's general terms and conditions. These General Terms and Conditions apply to all contracts without exception

• 1 Booking, purchase, confirmation

With your written confirmation, you offer EXC the binding conclusion of a contract for the implementation of the desired event, production, or similar. Contracts between EXC and the Client shall be concluded upon written confirmation by EXC. Confirmation by email is sufficient in this respect. Telephone and verbal agreements are only binding when they are confirmed by us in writing. With every ticket purchase I agree that pictures/videos on which I can be recognized may be saved by EXC and used for advertising purposes.

Ancillary agreements that change the scope of the contractual services must always and without exception be confirmed in writing.

EXC undertakes to notify the Client immediately of any deviation or change.

By purchasing a ticket, you agree that EXC may take photos and videos of you and use them for marketing purposes. You can revoke this at any time.

• 2 Payment

With the confirmation of the offer, the specified payment term is accepted by the client. The term of payment is always 14 days after the event has taken place.

The invoice amount is paid without deductions.

• 3 Power

The services to be provided by EXC result from the General Information. Deviations from this require written agreement. 

• 4 Withdrawal by the contracting party, cancellation fees

It is possible to withdraw from the contract at any time (taking into account possible costs pursuant to Clause 4.2) before the start of the event. The date of receipt of the declaration of withdrawal by EXC shall be decisive. The declaration of withdrawal from the event must be made in writing. Cancellation by email is not sufficient. The date of receipt by EXC shall be decisive.

The following costs are to be paid plus the handling fee of 30,00 € in case of cancellation:

• up to 60 days before the start of the event: no further costs
• from the 59th to the 22nd day before the start of the event: 40% of the total price
• from the 14th day before the start of the event: 80% of the total price
  

• 5 Withdrawal and termination by EXC

Cancellation of the event due to force majeure / Covid-19

EXC always assumes that all events can take place as planned. In the unlikely event that this is not possible, EXC will cancel the event. Cancellation will occur precisely when the relevant authorities prohibit the hosting or there is a travel ban or an official travel warning for the affected region.

EXC may terminate the contract without notice if the Contractual Partner persistently disrupts the performance of the event in advance or if the Contractual Partner acts in breach of the contract to such an extent that immediate termination of the contract is justified.

If EXC terminates the contract, EXC shall retain the claim to the remaining sum, less the value of the expenses saved.

• 6 Liability, Exclusion of Claims and Statute of Limitations

EXC reserves the right to change the program if there are justified reasons to do so. EXC assumes no liability for the non-execution or incomplete execution of the program as a result of circumstances beyond the control of EXC.

EXC's liability to the client for damages on account of pre-contractual or contractual claims is limited to a total of 3 times the agreed price, insofar as damage was caused neither intentionally nor by gross negligence on the part of EXC.

In all other respects, liability for slight negligence - to the extent permitted by law - is excluded. It is agreed between EXC and the Client that the Client shall in principle make use of the services of EXC at its own risk.

Liability based on a tortious act shall be limited or excluded to the same extent as under § 5 items 1. and 2. - to the extent permitted by law.

In the case of a service offer by EXC with increased risk, EXC may demand the signing of a separate exclusion of liability. EXC undertakes, at the Client's request, to offer a higher liability sum by taking out or arranging appropriate liability insurance if these risks are to be covered. In this case, the insurance premiums for the higher insurance shall be reimbursed to EXC as out-of-pocket expenses. In all other respects, the above liability provisions shall apply.

EXC is generally not liable in the event of force majeure.

EXC employees on site are not authorized to acknowledge claims of any kind. Claims of any kind are to be submitted to the respective management authorized representative of EXC on site. EXC recommends the written form.

Claims for failure to provide the booked event in accordance with the contract must be asserted with EXC within one month of the contractually scheduled end of the event. We recommend the written form. After expiry of the deadline, you may only assert claims if you were prevented from complying with the deadline through no fault of your own. Your claims arising from this contract shall become statute-barred after one year, expressly deviating from the statutory provisions. The limitation period begins on the day on which the event should end according to the contract.

EXC assumes no liability for any and all material, equipment and places made available on the part of the Client or third parties for the implementation of events.

In this respect, the Client shall indemnify EXC against any liability claims raised against EXC by the Client or participants.

In particular, EXC shall not be liable if the assignment personnel are subject to the Client's instructions during the action.

In all matters of artist placement, the GTC of EXC Booking shall apply.

The GTC of EXC Media shall apply to all matters of image and sound material.

• 7 Renting

Insofar as EXC rents out or lends out items of any kind, the Client shall be liable in the event of loss, damage or other impairment of the substance and intended use of the rented or lent items. Claims for compensation by EXC shall be based on the replacement value.

EXC may require the Client to take out insurance for the aforementioned risks.

• 8 Competition protection

The persons deployed by EXC may not be employed by the Client either on a temporary basis or as permanent employees, or commissioned as subcontractors or placed with third parties for a period of 18 months after the end of the deployment with the Client. For each case of violation a contractual penalty of 10.000,00 € per person is agreed. Further claims for damages remain unaffected.

• 9 Final clause

All personal data provided to EXC for the purpose of handling the event are protected against misuse in accordance with the BDSG. The Client declares its consent to the storage of the data required to process the order. Should individual provisions of these GTC become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall be agreed which comes closest to the economic purpose of the parties.

The law of the Federal Republic of Germany shall apply.

The Terms and Conditions shall apply to all agreements between EXC and the Contractual Partner, irrespective of the domiciles of all parties involved and the place where the contract came into existence and the place where the service is to be provided.

If the contractual partner is a merchant or a legal entity or an entrepreneur in the sense of § 14 BGB (German Civil Code), the place of jurisdiction for all claims arising from this contract shall be the Local Court of Lüneburg.

Irrespective of the amount in dispute, the Client may sue EXC only at the Local Court of Lüneburg.