General Terms and Conditions Laser & Vision
Laser & Vision is a brand of EventVision GmbH & Co. KG,
therefore the general terms and conditions of EventVision GmbH & Co are valid.
§ 1 Area of application
1. These General terms and conditions ( hereafter referred to as GTCs) are the basis and integral part of all contractual relationships between EventVision GmbH & Co. KG ( hereafter referred to as EventVision) and its partners (hereafter referred to as the Customer).
2. They shall also apply to all future business transactions with the Customer. Individual agreements shall in any case take precedence over the General Terms and Conditions. Any other terms and conditions of the Customer are not valid. Such terms and conditions only apply if EventVision expressly confirms them in written form.
§ 2 Quote and Contract Conclusion
EventVision’s quotations are not binding. Any order placed by the customer must be made in written form and is binding for a period of two weeks from receipt of the order. EventVision is free to decide whether to accept the order.
§ 3 Fees
1. Unless otherwise agreed, the fee agreed upon when the contract was signed is considered as agreed to.
2. If contracts for additional services, e.g. delivery, assembly and support by qualified staff, do not specify the amount of the payment, an appropriate payment is considered as agreed upon.
§ 4 Transport
1. Unless otherwise agreed, EventVision does not provide transport of rental objects. If EventVision takes over the delivery of rented items by express agreement between EventVision and the customer, EventVision may choose to deliver the rented items itself or have them delivered by any third party. For any claims for damages, § 7 (1) and (2) apply.
2. If EventVision arranges transport by a third party, the customer shall give priority to the third party for any claims for damages. For this purpose, the customer may demand the assignment of claims against the third party to which EventVision is entitled to the extent that EventVision is liable to the customer according to § 7 (1) and (2).
§ 5 Cancellation by customers
1. A cancellation (termination of the contract) by the customer is possible in compliance with the following regulation. Cancellation must be made in written form to be valid.
2. In case of cancellation, the customer is obliged to pay compensation for damages as per §3 in the following scale:
- Cancellation 30 days before the contractual start of the event 50% of the total amount
- Cancellation 10 days before the contractual start of the event 70% of the total amount
- Cancellation 3 days before the contractual start of the event 90% of the total amount.
3. The time of cancellation is based on the date of receipt of the cancellation notice by EventVision. EventVision’s liability for damages is eliminated to the extent that the customer proves that EventVision did not suffer damages or losses or that damages were significantly lower.
§ 6 Payment
1. Unless otherwise agreed, the payment shall be paid without deductions/discounts on the agreed date. Payments for other services are also payable at the start of the contract. The date of receipt of the money by EventVision is in any case relevant for the on-time payment.
2. In the case of late payment, the customer shall owe at least the statutory interest until the due date. We reserve the right to assert further damages caused by delay.
3. The customer is only entitled to exercise rights of retention and to set-off with respect to or with a counterclaim that is undisputed or has been established as legally binding. The customer shall remain entitled to exercise rights of retention based on this contractual relationship without restriction.
§ 7 Compensation
1. The customer is only entitled to contractual and statutory claims for damages if they are based on intentional or grossly negative breach of duty by EventVision, its legal representatives or executives. The claim for damages regardless of fault according to § 536 para. 1 BGB is excluded. EventVision is also liable for typical, predictable damages if they are caused by grossly negligent or intentional acts of a simple vicarious agent or by negligent breach of material contractual obligations by EventVision, its legal representatives or executive employees. These limitations of liability also apply in favor of EventVision’s legal representatives and executive employees.
2. The liability for damages resulting from injury to life, body or health remains unaffected by these limitations of liability.
§ 8 Commitment to exclusion of liability in benefit of EventVision
The customer must agree a limitation of liability with his contracting partners (artists, athletes, spectators, etc.) in accordance with the regulations of § 7, also for claims in tort in benefit of EventVision. If EventVision is held liable for damages as a result of the failure to implement the above-mentioned obligation, the customer shall hold EventVision harmless from such claims for damages.
§ 9 Duties of the customers during the event
1. The customer shall treat the rented items with care. If the customer has not booked service staff from EventVision, the customer must arrange for all maintenance and repair work required during the rental period to be carried out professionally at his own expense. In particular, the customer shall correct any defects in lamps and loudspeaker membranes that occur during the rental period. In addition, the customer shall eliminate all defects caused by him or pay for their repair.
2. The rented items may only be set up, operated and dismantled within the framework of the technical regulations and exclusively by qualified persons. If objects are rented without EventVision staff, the customer is responsible for the continuous compliance with all relevant safety regulations, in particular the accident prevention regulations of the German Employers’ Liability Insurance Association and the guidelines of the Association of German Electrical Engineers, VDE.
3. The customer must ensure a smooth power supply during the use of the rented items. The customer is responsible for damages caused by power failure or power interruptions or swings.
§ 10 Insurance
1. The customer is responsible to insure the general risk associated with the respective rented items (loss, robbery, damage, third-party liability) correctly and sufficiently.
2. If EventVision and the customer agree that EventVision takes care of the insurance, the customer must compensate EventVision for the costs of the insurance. If EventVision does not take over insurance, the customer must provide EventVision with documentation of insurance coverage upon request.
§ 11 Third-party rights
The customer shall keep the rented items free from all encumbrances, claims, seizures and other legal claims of third parties. He/she is obliged to immediately notify EventVision of any such third party measures, providing all necessary documents. The customer must pay the costs of defending against such interventions, unless the interventions can be attributed to the sphere of EventVision.
§ 12 Schriftform
If written form has been agreed or is provided for in these GTC, this is also ensured by transmission by telecopy (fax) as well as by an electronic document provided with a qualified electronic signature in accordance with the German Signature Act.
§ 13 Final terms
1. Verbal agreements have not been made.
2. If a regulation of the contract including the general terms and conditions should be ineffective or not effectively included in the contract, the effectiveness of the other regulations or the contract is not affected. The parties commit themselves to agree on a replacement regulation which comes closest to the economic intention of the parties.
3. These GTC and the entire legal relationship between EventVision and the customer are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The German language is the language of negotiation and contract.
4. Place of fulfillment is the registered office of EventVision.
5. The legal venue, also for proceedings based on cheques and documents, is, if the requirements of § 38 ZPO (German Code of Civil Procedure) are met, the place of business of EventVision. This legal venue shall also apply if the customer does not have a general legal venue in Germany, moves his residence or usual place of stay out of Germany after signing the contract or if his residence or usual place of stay is not known at the time of taking legal action.
EventVision GmbH & Co. KG
D – 59757 Arnsberg
AG Arnsberg HRA 5897
Arnsberg, the 03/09/2020