Return to Event MICE DMC Canaries

General Terms & Conditions

  1. General

These General Terms and Conditions (GTC) apply to all customers. Supplementary agreements amending these GTC

of the company RED LINE FIRST CLASS CONCIERGE, represented by its owner Peter Kutsch, towards companies, these provisions take precedence if they deviate from these.

2.) Scope

The offer of the order and the contractual relationship are based exclusively on our General Terms and Conditions. These General Terms and Conditions also apply to all future transactions between the contracting parties without the need for renewed reference to the General Terms and Conditions. Deviating, conflicting or supplementary general terms and conditions of the customer are not part of the contract, even if they are known, unless their validity is expressly approved in writing.

3.) Quality of the service

The quality of the goods delivered and to be processed corresponds to the general commercial requirements and specifications. Deviations within the scope of what is customary in the trade are permissible provided they do not affect the quality of the services to be provided.

4.) Offer / conclusion of contract

Our offers are subject to change and non-binding unless they have been expressly designated as firm. RED LINE FIRST CLASS CONCIERGE is bound to specially prepared offers that have been coordinated with customers for 14 days. All declarations of acceptance and all orders, as well as services of any kind to be fulfilled, must be in writing or confirmed by telex (fax, e-mail) by RED LINE FIRST CLASS CONCIERGE to be legally effective. The same also applies to additions, supplementary declarations, changes or ancillary agreements to be made. All brochures, circulars, price lists, advertisements or all documents belonging to offers such as drawings, illustrations, technical data, weight, dimension and service descriptions are only approximate and non-binding. RED LINE FIRST CLASS CONCIERGE reserves all property rights and copyrights to the concepts and cost estimates, drawings, drafts and planning documents of any kind that have been created. It may not be passed on to third parties without the written consent of RED LINE FIRST CLASS CONCIERGE. The conclusion of the contract is subject to the correct information provided by our contractual partner. Permanent disruptions to operations due to force majeure, strikes, etc. or other reasons for which we are not responsible entitle us to withdraw from deliveries, services and contracts that have not yet been performed. The customer cannot derive any rights from this. The customer will be informed immediately that the delivery or the service to be rendered cannot be performed as soon as we have been informed. If the delivery or the service to be provided is ordered electronically, we will immediately confirm receipt of the order. If the contractual partner orders the delivery or the service electronically, the text of the contract saved by us and sent to the contractual partner by e-mail on request together with these General Terms and Conditions.

5.) Prices

All prices are gross including the current VAT. Unless otherwise agreed, third parties are commissioned in the name and for the account of RED LINE FIRST CLASS CONCIERGE. In this case, the company RED LINE FIRST CLASS CONCIERGE is not obliged to invoice for the services provided by third parties on their behalf

or to submit invoices to the person commissioned by them. Services not quoted 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, by transport delays through no fault of their own or by untimely or professional advance services by third parties, insofar as they are not vicarious agents of the company RED LINE FIRST CLASS CONCIERGE are additionally charged to the customer according to the current remuneration rates of the company RED LINE FIRST CLASS CONCIERGE.

6.) Retention of title

Goods delivered and made available by us or rented items always remain the property of RED LINE FIRST CLASS CONCIERGE. Pledges and assignments by way of security to other persons are not permitted. If third parties access our goods or the equipment made available to you by us, you must inform the third party (creditor) of our ownership and inform us immediately. If you behave in breach of contract, we are entitled in any case to demand the return claims against third parties. Taking back or pledging our property by us does not constitute a withdrawal from the concluded contract.

7.) Complaints, warranties

The company RED LINE FIRST CLASS CONCIERGE has the right to withdraw from the contract for the duration of the event, insofar as execution of the contract is impossible for these reasons and the withdrawal also is in the well-understood interest of the client or the participating third parties. RED LINE FIRST CLASS CONCIERGE is also entitled to exclude individual participants from the event if this appears necessary for reasons relating to the client. If a service is not provided or is not provided in accordance with the contract, the client must immediately complain about the defect and demand remedy. The customer can only refuse replacement services from RED LINE FIRST CLASS CONCIERGE if this is not reasonable for an important reason that RED LINE FIRST CLASS CONCIERGE can reasonably be expected to accept. In particular, if the overall design of the booked event is adversely affected by the acceptance of the replacement service.

In the event of any disruptions to performance, the client is obliged to cooperate within the framework of the statutory provisions in order to avoid or minimize any damage. In the event of any disruptions to performance, the client is obliged to do everything that is reasonable for him to help remedy the disruption and to keep any damage that may arise to a minimum. Insofar as the client requests a reduction in the contract price owed by him due to alleged poor performance of the contract by RED LINE FIRST CLASS CONCIERGE, he is obliged to inform RED LINE FIRST CLASS CONCIERGE of this immediately, stating the reasons. If the contractual partner is a merchant or a legal person or an entrepreneur within the meaning of § 14 BGB, the following applies: In the event of a complaint, claims against the company RED LINE FIRST CLASS CONCIERGE can only be asserted if a performance defect is immediately detected within the meaning of § 377 HGB according to the contract scheduled end of the event. If the client provides premises and areas for the implementation of the event, he is responsible for ensuring that the premises and areas provided for the feasibility of the event are approved and suitable. The client then assumes the obligation to obtain any permits that may be required, to secure routes and areas against general hazards and to exclude sources of danger. The client assumes the obligation to ensure traffic safety for the premises and grounds made available by him. He releases the company RED LINE FIRST CLASS CONCIERGE from any liability resulting from a violation of the duty to ensure traffic safety, from the condition or the location of the premises and areas provided.

8.) Payment

GENERAL PAYMENT POLICY:

30% of the total reservation amount (non-refundable).

60% of the total amount 60 days before the group’s arrival

80% of the total amount 30 days before the group’s arrival

100% of the total amount 7 days before the group’s arrival.

FULL CANCELLATION POLICY:

30% of the total budget for cancellations once the group is confirmed.

60% of the total budget for cancellations between 30 and 60 days before the group’s arrival

80% of the total budget for cancellations between 7 and 30 days before the group’s arrival

100% of the total amount of the estimate for cancellations made less than 7 days before the group’s arrival.

PARTIAL CANCELLATION POLICY:

After confirming the services, we have a free partial cancellation margin of 15% up to 7 days before the event.

Any partial cancellation exceeding 15% or made less than 7 days before the event will be charged at 100% of the total amount.

In the event of non-compliance with the payment in advance of our invoice, the company RED LINE FIRST CLASS CONCIERGE reserves the right not to carry out any delivery or service to the event. If the due date for the partial invoice is exceeded by more than 14 days, we will charge default interest of 6% above the discount rate of the Deutsche Bundesbank from the due date. The contractual partner can only offset against our claims or exercise a right of retention if a counterclaim is undisputed or has been legally established.

9.) Security Deposit

In the case of larger orders, RED LINE FIRST CLASS CONCIERGE is entitled to demand a corresponding bank guarantee from the customer’s house bank as security for the payment, which must be returned to the customer once the total invoice amount has been paid.

10.) Benefits

Additional services, in particular the delivery of equipment, assembly and the supervision of events of any kind by the specialist staff made available by us, are provided for a fee on the basis of a special agreement or in the form of an offer and subsequent written confirmation.

11.) Mediation service

The company RED LINE FIRST CLASS CONCIERGE is not liable for performance disruptions and damages in connection with services that are only mediated as third-party services and/or that are expressly marked as third-party services in the offer.

If one of the clients is unable to perform the service incumbent on him in a mediation transaction, the company RED LINE FIRST CLASS CONCIERGE is to be released from all claims of the other client. This also applies to claims arising from breaches of contract or other claims for damages. Insofar as the company RED LINE FIRST CLASS CONCIERGE acts as a broker and agency for services, artistic performances, arranging accommodation, etc., the respective client undertakes not to use the contacts made by the company RED LINE FIRST CLASS CONCIERGE for the conclusion of direct transactions to use. This obligation of the client is limited to the specific duration of the individual order. In the event of a violation of this obligation, the company RED LINE FIRST CLASS CONCIERGE is to be treated as if the unauthorized direct business had been mediated by the company RED LINE FIRST CLASS CONCIERGE. In this case, the company RED LINE FIRST CLASS CONCIERGE is entitled to payment of the brokerage commission – per violation by the client – which the client would have paid to the company RED LINE FIRST CLASS CONCIERGE for the specific brokerage transaction. If the company RED LINE FIRST CLASS CONCIERGE acts as an intermediary in the name and on behalf of the client, the client has to bear the costs incurred in connection with the implementation of the event, such as GEMA, local taxes or similar.

12.) Withdrawal

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 customer must make the following payments to RED LINE FIRST CLASS CONCIERGE:

FULL CANCELLATION POLICY:

30% of the total budget for cancellations once the group is confirmed.
60% of the total budget for cancellations between 30 and 60 days before the group’s arrival
80% of the total budget for cancellations between 7 and 30 days before the group’s arrival
100% of the total amount of the estimate for cancellations made less than 7 days before the group’s arrival.
The planning and organization as well as the area/location rental and cancellation costs of artists are to be paid in full in the amount incurred.

PARTIAL CANCELLATION POLICY:

After confirming the services, we have a free partial cancellation margin of 15% up to 7 days before the event.

Any partial cancellation exceeding 15% or made less than 7 days before the event will be charged at 100% of the total amount.

RED LINE FIRST CLASS CONCIERGE reserves the right to claim higher damages. The company RED LINE FIRST CLASS CONCIERGE remains reserved.

The start of the service is deemed to be the beginning of events, and generally the day on which the company RED LINE FIRST CLASS CONCIERGE is obliged to provide the contractually owed service.

The withdrawal must be made in writing. Receipt of the declaration of cancellation by RED LINE FIRST CLASS CONCIERGE is the key date for calculating the deadline. Cancellation payments do not apply to services provided by RED LINE FIRST CLASS CONCIERGE within the framework of the rental of objects. For such contracts, a flat rate of 30% of the agreed price is to be paid by the client in the event of withdrawal.

The cancellation payments have been determined taking into account the usually saved applications. Proof of higher damage remains unaffected.

For each case of cancellation by the company RED LINE FIRST CLASS CONCIERGE, the liability of the company RED LINE FIRST CLASS CONCIERGE towards the client is limited to an amount of 10% of the agreed price.

The client is at liberty to provide proof of lower expenses of the company RED LINE FIRST CLASS CONCIERGE. The client bears the burden of proof for this. Evidence by hearing witnesses is excluded in this case.

termination

If the event is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the company RED LINE FIRST CLASS CONCIERGE and the client can terminate the contract. If the contract is terminated, the company RED LINE FIRST CLASS CONCIERGE can demand appropriate compensation for the services already provided or for the services still to be provided to end the event.

The following conditions apply to the cancellation of booked staff (hosts / hostesses, service staff, promotion staff, etc.) as part of a service contract or temporary employment:

The full or partial cancellation of an agreement with the company RED LINE FIRST CLASS CONCIERGE by the borrower must be made in writing. The date of receipt of the cancellation at RED LINE FIRST CLASS CONCIERGE is used to determine the time of cancellation.

A cancellation (individual employees) for quality reasons, which the borrower has to prove, is generally possible after consultation.

If the borrower cancels the agreement in whole or in part without giving reasons, he is obliged to pay compensation to RED LINE FIRST CLASS CONCIERGE. These cancellation costs are calculated as a percentage and are as follows:

72 hours before the start of the project at least €150.00 or 10% of the expected turnover

48 hours before the start of the project 50% of the expected turnover for 6 hours per day

24 hours before the start of the project 100% of the expected turnover according to the offer

13.) Image material provided, rights of use

  1. The terms and conditions apply to any image material provided to the customer, regardless of the creative stage or the technical form in which it is available. They also apply in particular to electronic or digitally transmitted image material.
  2. The customer acknowledges that the image material supplied by the company RED LINE FIRST CLASS CONCIERGE is copyrighted photographic work within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.
  3. Design proposals or concepts commissioned by the customer are independent services that are to be remunerated.
  4. If the customer has not given RED LINE FIRST CLASS CONCIERGE any express instructions regarding the design of the photographs, complaints regarding the image design and the artistic-technical design are excluded. If the client wishes changes during or after the recording production, he has to bear the additional costs. RED LINE FIRST CLASS CONCIERGE retains the right to remuneration for work that has already begun
  5. In principle, the customer acquires a simple right of use.
  6. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately.
  7. The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties.
  8. The company RED LINE FIRST CLASS CONCIERGE is entitled to use images ordered from them for their own advertising purposes. In this respect, the customer gives his
  9. The rights of use are only transferred to the company RED LINE FIRST CLASS CONCIERGE after full payment of the fee.
  10. The negatives / ORIGINAL / RAW FILES remain with the company RED LINE FIRST CLASS CONCIERGE. The negatives will only be handed over to the client if a separate agreement has been made.
  11. 14.) Insurance
  12. The client is obliged to insure rented items or equipment against loss or damage, as well as property damage and personal injury that may result from the use of the items or equipment, until such items have been returned in full to RED LINE FIRST CLASS CONCIERGE. RED LINE FIRST CLASS CONCIERGE is not liable for property damage or personal injury that may result from the use of the items or equipment provided. In order to protect himself against the consequences of loss (theft) or damage, the client should prove that he has appropriate insurance. The company RED LINE FIRST CLASS CONCIERGE can require the customer to take out insurance for the aforementioned risks.
  13. 15.) Liability
  14. The liability of the company RED LINE FIRST CLASS CONCIERGE towards the customer for damages due to pre-contractual or contractual claims is limited to a total of three times the agreed price, provided that the damage was not caused intentionally or through gross negligence by the company RED LINE FIRST CLASS CONCIERGE .
  15. Otherwise, liability for slight negligence – to the extent permitted by law – is excluded. It is agreed between the company RED LINE FIRST CLASS CONCIERGE and the customer that he uses the services of the company RED LINE FIRST CLASS CONCIERGE at his own risk.

Liability based on tortious acts is limited or excluded to the extent permitted by law. In the case of a service offered by the company RED LINE FIRST CLASS CONCIERGE with an increased risk, the company RED LINE FIRST CLASS CONCIERGE can request the signing of a separate liability waiver. The company RED LINE FIRST CLASS CONCIERGE undertakes to offer a higher liability sum at the request of the client by taking out or arranging appropriate liability insurance if these risks can be insured. In this case, the insurance premiums for the higher insurance will be reimbursed to the company RED LINE FIRST CLASS CONCIERGE as expenses. For the rest, the above liability regulations apply. Insofar as the company RED LINE FIRST CLASS CONCIERGE has to offer and provide its services to third parties (i.e. persons who are attributable to the customer’s warehouse, such as vicarious agents of the customer, guests of the customer, etc.) on behalf of a customer, the The client releases the company RED LINE FIRST CLASS CONCIERGE from all third-party liability claims insofar as these exceed the aforementioned liability limits. The client undertakes to agree identical liability limitations and exclusions with the participants in favor of the company RED LINE FIRST CLASS CONCIERGE.

The company RED LINE FIRST CLASS CONCIERGE assumes no liability for any material, equipment and places provided by the client or third parties for the implementation of events. In this respect, the client releases the company RED LINE FIRST CLASS CONCIERGE from any liability claims that are raised by the client or participants of the company RED LINE FIRST CLASS CONCIERGE. In particular, the company RED LINE FIRST CLASS CONCIERGE is not liable if the operational staff is subject to the instructions of the customer during the campaign.

16.) Non-Competition

The persons employed by the company RED LINE FIRST CLASS CONCIERGE may not be employed by the customer for a period of 18 months after the end of the assignment, either as a temporary worker or as a permanent employee, or commissioned as a subcontractor or placed with third parties. A contractual penalty of €5,000.00 per person is agreed for each case of violation. Further claims for damages remain unaffected by this.

17.) Final Provisions

The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the company RED LINE FIRST CLASS CONCIERGE and the contractual partner. The German language is the language of negotiations and contracts.

Place of performance and place of jurisdiction is the place that is responsible for the location of the company RED LINE FIRST CLASS CONCIERGE, where disputes that arise immediately are settled. Should a provision in these terms and conditions be or become invalid, this shall not affect the validity of all other provisions or agreements. The contracting parties undertake to agree on the alternative permissible regulation that comes closest to the documented will of the parties.

Verbal subsidiary agreements have not been made. Changes to these provisions must be made in writing to be effective.

Munster 01.01.2011

Palma de Mallorca 01.08.1997