|Terms and Conditions of VR PROJECT – Event Management
(with area rental)
1.a For the offers, deliveries and services of the agency, represented by Mr. Andreas Lorke, the following conditions are exclusively authoritative and apply to contracts between the company VR PROJECT – Event-Management and their respective contractual partners or the client. By placing an order, the client agrees to the terms and conditions.
1.b General conditions of the customer only become part of the contract if they are acknowledged in writing by VR PROJECT – Event-Management. The decrease of the performance of the agency is in any case as recognition of these terms and conditions.
2. Conclusion of contract / content of the contract
2.a The rental or purchase offers are always non-binding. The offers of VR PROJECT – Event-Management, which are referred to as „cost framework“, „cost estimate“ or „rough cost calculation“, are non-binding.
2.b A contract for the rental, production and development of event modules with the accompanying sale of simulators or services is only concluded with the written order confirmation of both parties.
2.c If offers are prepared according to the information given by the customer and the documents provided by him or the respective exhibition management, VR PROJECT – Event Management is not liable for the correctness and suitability of these documents, unless their incorrectness and inappropriateness becomes deliberate or grossly negligent.
2.d Employees or exhibition staff employed by VR PROJECT – Event Management are not authorized to enter into collateral agreements or to make commitments that go beyond the content of the written contract.
2.e The Agency is entitled to have all or part of the contractual performance assumed by third parties.
2.f The Agency or the companies and persons acting on behalf assume no responsibility for damage to property or body. The security for commissioning is the sole responsibility of the respective customer. Through constant renewal and innovation of our modules, we reserve the possibility of deviations in color of execution. Technical changes and misprints reserved.
3.a The offer prices are valid only with an undivided order.
3.b The Agency is entitled to provide partial services and to bill them separately.
3.c All prices are net without VAT.
3.d Unless otherwise agreed, the commissioning of third parties takes place on behalf of and for the account of the Agency. In this case, it is under no obligation to invoice services provided by third parties on its behalf or to submit invoices to the persons commissioned by it.
3.e If the customer requests services that go beyond the order confirmation, these will be charged separately. The prices in the rental area are prices from Abhollager Landsham of the landlord.
3.f Services not provided in the offer, which are carried out at the request of the customer or additional expenses that are caused by incorrect information provided by the customer, through no-fault transport delays or by improper or professional third party services, unless they are vicarious agents of the Agency, In addition, the customer will be billed according to the current remuneration rates of the agency.
4. Rental fee, security deposit, rent
4.a Leased items are the property of VR PROJECT – Event Management, Erdingerstraße 8, 85652 Landsham. A deposit equal to the new value of the rental property may be charged at the conclusion of the contract in the form of cash or bank transfer. The security deposit is intended to cover the lessee’s financial obligations including breakage and loss from the contract. The deposit is not an advance on the rent, but is solely for the safety of the agency and in case of damage to cover a possible repair or restoration of the rental property. The obligation to rent payment remains unaffected by the provision of the deposit. The deposit will be returned to the renter after the leased property has been thoroughly inspected and examined for damages and after the renter has fully and unconditionally fulfilled his financial obligations. The deposit is not interest.
4.b If the rental property is damaged, the full rental fee will be charged per day according to the valid rental price list (Loss of rent, the proof of which must not be provided by the agency)., The fact remains, the rental property is not for rent until the Agency has been completely repaired to disposal.
4.c The rental fee is calculated according to calendar days. The first day of the rental period is the transfer date, the last day of the rental period is the return date. Transfer date and return date apply when calculating the rental fee as a whole calendar days. If the rental items are not returned on time, the full rental fee will be due for each calendar day after the agreed return date. The assertion of claims for damages by the landlord remains unaffected due to the late return.
4.d The rental period begins on the day agreed between the parties in the rental agreement. The obligation to pay the rent starts on the first day of the rental period.
4.e The supplied simulators and event modules are to be checked by the client and are considered as confirmed, provided no written objections are submitted. Subsequent complaints are excluded and do not entitle to the reduction or retention of the contract sum.
4.f The renter or client provides the required passes for PARKING and MESSE access free of charge and in good time and assumes all costs for delivery and for return transport. Other costs that are useful for a rental and care are also taken over by the customer such. Accommodation costs in a middle class hotel with breakfast, catering, all transfer costs on the fair and travel days.
4.g If the agency and its employees or third-party companies receive working hours or special services for which the client is responsible, the agency is entitled to charge the client 50% of the agreed net sum, but at least 25% on the agreed invoice amount or at cost ( plus VAT).
4.h The rental payment of the total amount has to be made 12 days before the event. If the client issues a production or programming order, payment of the total amount must be made with the order being placed. Deviations from this must be agreed in writing.
5. Transportation / Packaging
5.a The (delivery) items always travel at the expense and risk of the customer, unless otherwise agreed. The Agency determines the shipping at its discretion without responsibility for a special packaging or the cheapest and fastest way. The destruction of the transport or the loss of the delivered materials at the place of use without fault of the agency shall be borne by the customer.
5.b In the case of self-collection or transport by the renter, the latter carries the risk of accidental loss and accidental deterioration. A delivery or collection of the rented items from the tenant by the landlord is to be remunerated separately by the tenant. The return of the rental items must be done during normal business hours.
5.c For the conclusion of a transport insurance, the costs of which the customer has to bear, the agency is entitled, but not obliged.
5.d Transport damage must be reported to the Agency without delay. Any claims against the transport company will be assigned to the customer on request.
5. Items of the customer, which are necessary for the performance of the agency, must be delivered to the agreed house or at the location specified by the agency. The return delivery of such parts is not free from the place of use at the risk of the customer.
6. Acceptance / transfer of risk
6.a The customer is obliged to accept the services of the agency at the completion date specified by the latter.
6.b The acceptance takes place regularly on the occasion of general services or trial runs. This does not apply to planning services that are considered completed and acceptable for acceptance by the customer.
6.c Any outstanding partial services or the elimination of defects will be rectified or remedied as soon as possible. Unless they significantly impair the function of the subject matter, they do not entitle to refuse acceptance.
6.d If, for reasons for which the Customer is responsible, the performance of the Agency can not be made available to the Agency, the risk shall pass to the Customer on the day the Completion Notice is received. The performance of the agency is then considered fulfilled.
6.f The contract object may be carried out and operated by the client only for the contractually agreed purpose and has to follow the instructions or specifications of the agency. In this respect, he is also not entitled to make adjustments or changes to the subject matter, to carry out repairs to the rental object.
7. Termination / withdrawal of the tenant
7.a If the renter or the client terminates the rental agreement without good cause, he undertakes to assume the costs for the services already provided.
– From contract conclusion 25% of the agreed rental price
– For cancellation of the lease up to 60 days before the date of the event 40% of the rental price
– If the rental contract is canceled up to 30 days before the date of the event, 50% of the rental price
– If the rental contract is canceled up to 14 days before the date of the event, 75% of the rental price
– If the rental contract is canceled up to 7 days before the date of the event 100% of the rental price
7.b If the customer does not terminate the services of the agency without cause or if the customer does not meet his payment obligations properly, the agency will be released from its performance obligation after setting a reasonable grace period and may demand compensation for non-performance.
7.c As compensation for non-performance, the Agency may claim the value of the services provided until the termination of the contract and 50% of the value of the services not yet provided. The customer is free to prove that damage has not occurred at all or not at the stated amount. The assertion of further costs for the procurement of materials, personnel, lump-sum expenses remains reserved for the agency.
8.a The customer is obliged to check the services of the agency upon acceptance and to complain about defects without delay. If, despite careful examination, a defect appears later, it must be notified immediately. If, despite careful examination, a defect appears later, it must be reported immediately. In any case, complaints must be received by the agency no later than 7 days after the end of the event.
8.b As a guarantee, the customer can only demand rectification. The manner of the proper repair depends on the discretion of the agency, to which the substitute delivery is always open.
8.c The customer can demand rescission of the contract (conversion) or reduction of the price (reduction), if at least two repair attempts failed because of the same defect. If the rework is excluded due to the expiration of time (termination of the event), the customer is only entitled to reduction rights.
8.d If the notice of defects is received late or reservations were not made on acceptance / delivery due to known defects, the warranty claims expire completely. The same applies if the customer makes changes himself or makes it difficult for the agency to determine the defects.
8.e Claims for damages, in particular those for breach of the obligation to rectify, are excluded unless they are based on gross negligence or intent.
9.a The agency is only liable for execution in accordance with schedule and quality if the customer has duly fulfilled his contractual obligations, in particular those for timely payment.
9.b For defective deliveries or services of external companies, which are switched on behalf of the customer, no liability is assumed, unless the agency is not a deliberate or grossly negligent breach of due diligence in the selection and monitoring of third-party operations is demonstrated. If necessary, the customer may demand assignment of the Agency’s claims against the latter.
9.c Unless otherwise agreed, the Agency shall not be liable for items brought in by the Customer, unless the Agency has caused the damage or destruction of the items by intent or gross negligence.
9.d claims for compensation for damages of any kind, including those damages that are not incurred in the subject matter itself, for example, from default, impossibility of performance or other breach of duty and tort are excluded, unless the damage is intentional or grossly negligent Was caused and to the extent that the exclusion of the compensation claims the performance of the contract is not distributed or endangered.
9.e Liability for non-standard (consequential) damages is excluded. This also applies to gross negligence.
9.f Insofar as damages are not caused by the agency intentionally or through gross negligence, the liability is limited to 10% of the agreed agency fee, however the highest is limited to Euro 25,000.
9.g If the Agency is guilty of gross negligence, the liability for damages is limited to the amount of the agency fee.
9.h The limitation of liability applies to the same extent to the agents of the agency.
9.i Claims for damages under the Product Liability Act remain unaffected.
10. Liability and obligations for rental
10.a The tenant has to check the rented objects on delivery to him for completeness, damage and proper condition. Complaints must be addressed to the lessor immediately after this inspection. Later complaints will not be accepted. Justified complaints are removed by the landlord by repair or replacement at his discretion.
10.b The landlord has the right to improve several times. The renter agrees to treat the items with care and to return them in perfect, cleaned, sorted condition. The return note is only a preliminary declaration of withdrawal for the customer. The final breakage and shrinkage will be determined after inspection and verification in the warehouse of VR PROJECT – Event-Management.
10.c The rented items are to be sorted returned. If the sorting is not done or insufficient, the working time spent by the landlord for the sorting will be charged with 35,00 € plus the applicable value added tax per working hour. For non-cleaned or uncleaned rental items plus the rental fee, a cleaning fee of 50% of the rental fee will be charged for a calendar day.
10.d For missing quantities, breakage and damage, also at the transport containers, the tenant has to pay damages in the amount of the replacement price, as well as the rent costs up to the replacement procurement by the landlord. The same applies to structural changes to the leased property, to parts of these, unless they have been approved in writing by the owner. Compensation for the additional damage to the landlord is also to be paid. The right of the renter to prove a lesser damage remains at liberty. The lessee is obliged to notify the lessor of the loss, damage or seizure by third parties of the rental objects without delay.
10.e The lessee is not entitled, without the express, written consent of the landlord, to sublet or sublease the rented property to third parties. The customer undertakes to accept the rental object (s) and fulfillment of the contract after the contract has been signed and to return it in undamaged condition.
10.f The client or his agent shall ensure a smooth assembly and disassembly, before and immediately after the event. Waiting times, downtime costs of the leased property, staff or additional staff and / or rental car fees, hotel costs, catering will be charged additionally.
10.g All rental items must be insured by the client against financial loss as well as for personal injury.
11. Property rights
11.a All intellectual property rights arising in connection with the services to be provided by the Agency or its employees or by third parties – also on behalf of the Customer – (copyright and ancillary copyrights, trademark rights, patent rights under patent law) remain, unless expressly so otherwise agreed, exclusively with the agency. The transfer of rights of use and exploitation requires a written agreement and always applies only to the specific event. Changes to concepts, drafts, etc. may only be carried out by the agency or persons expressly authorized by it.
11.b The customer is entitled to use the concepts, designs, etc. of the agency only for the purposes provided for in the contract, duplications are permitted only with the express prior consent of the agency. Artwork, work films and negatives produced by or on behalf of the agency remain the property of the agency, even if charged to the customer.
11.c Regarding the execution of orders according to information or documents specified by the customer, the latter assumes the guarantee that the production and delivery of the services performed according to his information and documents does not violate industrial property rights of third parties. The agency is not obliged to check whether the information or documents handed out by the customer for the provision of services violate or infringe the rights of third parties. The customer is obliged to indemnify the Agency immediately from any claims for damages by third parties and to pay for all damages resulting from the infringement of property rights and, if required, to make advance payments.
11.d The Agency has the right to record the event and to use the records along with background information about the project for documentation purposes and for self-PR.
12. Storage of documents
The Agency shall keep the documents relating to the contract for a period of 6 months. When providing original artwork (slides, diskettes, etc.), the customer agrees to make duplicates. For templates of the customer, which are not returned within one month after completion of the order, the agency assumes no liability.
13. Terms of payment
13.a The Agency is entitled to charge for each individual service immediately after it has been provided.
13.b Invoice amounts are, unless otherwise agreed, payable immediately upon receipt of the invoice.
13.c Special and all-inclusive prices as well as discounts lose their validity for non-observance of the terms of payment.
13.d In addition, the Agency is entitled to demand advances as follows to cover its expenses:
– 30% of the agreed fee when placing the order
– 70% of the agreed fee no later than 12 days before the first day of the event
– 80% of the agreed compensation at the start of production
13.e The offsetting because of any counterclaims of the client is excluded, unless the counterclaims are undisputed or legally determined.
13.f Deductions of any kind are excluded. Down payments are not interest.
13.g In the event of late payment after a reminder, the Agency is entitled to demand compensation for default damages equal to the customary minimum interest rates and commissions of the major banks (at least 8% above the respective reference interest rate of the European Central Bank).
13.h The agency is entitled in case of late payment after setting a deadline with a threat of refusal to withdraw from the contract and to claim damages for non-performance. For the amount of the damages, the regulation under point 7.c of these conditions applies.
14. Charge and assignment
14.a The customer may only offset with undisputed or legally established counterclaims.
14.b The rights of the customer arising from this contractual relationship can only be transferred with the prior consent of the agency.
It is pointed out that in the context of the business relationship or in connection with this personal data, whether they come from the agency itself or from third parties, are processed in accordance with the Federal Data Protection Act. https://www.vrproject.de/datenschutz/
16. Place of fulfillment and jurisdiction
16.a The delivered goods remain our property until full payment. Our general business, delivery and payment conditions apply. Fulfillment and jurisdiction for all disputes between the parties resulting from the contractual relationship is Munich, as far as the customer is a registered trader, a legal entity under public law or public law special fund.
16.b The contractual relationship is governed by German law.
17. Final provisions
Should a provision of these conditions be invalid or void, the validity of the remaining provisions shall remain unaffected.