General Terms and Conditions

  1. General information

1.1 The following terms and conditions shall apply exclusively to the Agency’s offers, deliveries and services.

1.2 General terms and conditions of the customer shall only become part of the contract if they are recognized by the agency in writing. Acceptance of the Agency’s services shall in any case be deemed to constitute acceptance of these General Terms and Conditions.

  1. Conclusion of contract/contractual content

2.1 The offers are always subject to change. The agency’s offers designated as “cost framework”, “budget overview” or “cost estimate” are non-binding.

2.2The contract is generally concluded with the written order confirmation. However, orders placed shall also be deemed accepted if the agency does not object within 10 working days.

2.3 If offers are prepared according to the information provided by the client and the documents provided by the client or the respective project management, the agency shall not be liable for the correctness and suitability of these documents, unless their incorrectness and unsuitability is not recognized intentionally or due to gross negligence.

  1. Prices

3.1 The offer prices are only valid for an undivided order.

3.2 The Agency shall be entitled to provide partial services and to invoice these separately.

3.3 All prices are net prices excluding VAT.

3.4 Unless otherwise agreed, third parties shall be commissioned in the name and for the account of the Agency. In this case, the Agency shall not be obliged to issue an invoice for the services provided by third parties on its behalf or to submit an invoice for the persons commissioned by it.

3.5 Services not estimated in the offer which are carried out at the request of the customer or additional expenses which are caused by incorrect information provided by the customer, by transport delays through no fault of the customer or by advance performance by third parties which is not timely or professional, insofar as they are not vicarious agents of the Agency, shall be invoiced to the customer additionally in accordance with the Agency’s current remuneration rates.

  1. Transportation/packaging

4.1 The (delivery) items shall always travel at the expense and risk of the customer, unless otherwise agreed. Unless special instructions have been given, the Agency shall determine the shipment at its discretion without responsibility for special packaging or the cheapest and fastest route.

4.2 The Agency shall be entitled, but not obliged, to take out transport insurance, the costs of which shall be borne by the customer.

4.3 Transport damage must be reported to the agency immediately. Any claims against the transport company shall be assigned at the customer’s request.

4.4 Items of the customer that are required for the provision of services by the agency must be delivered free domicile or to the location specified by the agency on the agreed date. The return delivery of such parts shall be carriage forward from the place of use at the customer’s risk.

4.5 Any loss during transportation or loss of the delivered materials at the place of use for which the Agency is not responsible shall be borne by the Customer.

  1. Acceptance/transfer of risk

5.1 The client is obliged to accept the agency’s services on the completion date specified by the agency.

5.2 Acceptance shall take place regularly on the occasion of dress rehearsals or test runs. This shall not only apply to planning services, which shall be deemed completed and ready for acceptance upon receipt by the customer.

5.3 Any outstanding partial services or the rectification of defects shall be made up for or rectified as quickly as possible. Insofar as they do not significantly impair the function of the object of performance, they shall not entitle the customer to refuse acceptance.

5.4 If the Agency’s service cannot be made available to the Client for reasons for which the Client is responsible, the risk shall pass to the Client on the date of receipt of the notice of completion. The Agency’s service shall then be deemed to have been fulfilled.

  1. Termination

6.1 In the event of termination by the client, the agency shall receive the agreed remuneration for the services already provided. With regard to services not yet provided, 80% of the offer prices shall be charged as a cancellation fee, unless otherwise agreed.

6.2 If the customer does not accept the Agency’s service without good cause despite a declaration of completion or if the customer does not meet its payment obligations or does not meet them properly, the Agency shall be released from its obligation to perform after setting a reasonable grace period and may demand compensation for non-performance.

6.3 As compensation for non-performance, the Agency may demand the value of the services rendered up to the termination of the contract as well as 80% of the value of the services not yet rendered. The client shall be at liberty to prove that no damage at all or not in the amount stated has been incurred. The Agency reserves the right to claim higher proven damages.

  1. Warranty

7.1 The customer shall be obliged to inspect the Agency’s performance upon acceptance and to report any defects. If, despite careful inspection, a defect only becomes apparent later, it must be reported immediately. In any case, notices of defects must be received by the Agency no later than 7 days after the end of the event.

7.2 As a matter of principle, the customer can only demand rectifications as warranty. The type and manner of the appropriate rectifications shall be at the discretion of the Agency, which shall also be free to make a replacement delivery at any time.

7.3 Der Kunde kann Rückgängigmachung des Vertrages (Wandelung) oder Herabsetzung des Preises (Minderung) verlangen, wenn mindestens zwei Nachbesserungsversuche wegen des gleichen Mangels fehlgeschlagen sind.

7.4 If rectification is excluded due to the lapse of time (end of the event), the customer shall only be entitled to a reduction in price.

7.5 The Agency may refuse to remedy defects as long as the customer has not properly fulfilled its contractual obligations.

7.6 If the notice of defects is late or if no reservations were made at the time of acceptance/handover due to known defects, the warranty claims shall lapse completely. The same shall apply if the customer makes changes himself or makes it difficult for the agency to determine the defects.

7.7 Claims for damages, in particular those arising from a breach of the obligation to rectify defects, are excluded unless they are based on gross negligence or intent.

  1. Liability

8.1 The agency shall only be liable for timely and high-quality execution if the customer has duly fulfilled its contractual obligations, in particular those relating to timely payment.

8.2 No liability shall be assumed for defective deliveries or services of external companies engaged on behalf of the customer, unless the agency is proven to have intentionally or grossly negligently breached its duty of care in the selection and monitoring of the external companies. If necessary, the customer may demand the assignment of the agency’s claims against the latter.

8.3 Unless otherwise agreed, the Agency shall not be liable for items brought in by the Client, unless the Agency has caused the damage or destruction of the items through intentional or grossly negligent action.

8.4 Claims for compensation for damages of any kind, including damages that have not occurred to the object of performance itself, for example from delay, impossibility of performance, positive breach of contract, culpa in contrahendo and tort, are excluded, unless the damage was caused by intentional or grossly negligent action and provided that the exclusion of claims for compensation does not frustrate or jeopardize the performance of the contract.

8.5 Liability for (consequential) damages not typical of the contract is excluded. This also applies to gross negligence.

8.6 Insofar as damages are not caused by the agency intentionally or through gross negligence, liability shall be limited to 10% of the agreed agency fee, up to a maximum of € 20,000.00.

8.7 If gross negligence on the part of the Agency is proven, liability for damages shall be limited to the amount of the Agency fee.

8.8 The limitation of liability shall apply to the same extent to the Agency’s vicarious agents.

8.9 Claims for damages under the Product Liability Act remain unaffected.

  1. Property rights


Unless expressly agreed otherwise, all industrial property rights (copyrights and ancillary copyrights, trademark rights, ancillary protection under competition law, patent rights) arising in connection with the services to be provided by the agency or its employees or third parties commissioned by it – also on behalf of the customer – shall remain exclusively with the agency. The transfer of rights of use and exploitation shall require a written agreement and shall always apply only to the specific event. Changes to concepts, drafts, etc. may only be made by the Agency or by persons expressly authorized by the Agency.

9.2 The Client shall only be entitled to use the Agency’s concepts, drafts, etc. for its own purposes as provided for in the contract; reproductions shall only be permitted with the Agency’s express prior consent. Print templates, working films and negatives produced by the Agency or on its behalf shall remain the property of the Agency, even if they are charged to the Client.

9.3 With regard to the execution of orders according to the information or documents provided by the customer, the customer shall guarantee that the production and delivery of the services carried out according to his information and documents does not infringe the property rights of third parties. The agency shall be obliged to check whether the information or documents provided by the customer for the provision of services infringe or may infringe third-party property rights. The customer shall be obliged to indemnify the agency immediately against all possible claims for damages by third parties and to pay for all damages arising from the infringement of property rights and, if requested, to make advance payments.

9.4 The Agency shall be entitled to record the event and to use the recording together with background information on the project for the purposes of documentation and its own PR.

9.5 Ideas developed as part of an event concept are the intellectual property and share capital of mec // messe & event caterer. The rights of use can only be acquired upon payment of a concept fee. The copyright is not transferable and is the property of mec. The passing on of the agency’s concept documents to third parties is strictly prohibited.

  1. Storage of documents

10.1 The Agency shall retain the documents relating to the order for a period of 6 months. If original documents (slides, diskettes, etc.) are provided, the client undertakes to produce duplicates. The Agency shall not accept any liability for the Client’s originals that are not requested back within one month of completion of the order.

  1. Terms of payment

11.1 The Agency shall be entitled to invoice each individual service immediately after it has been provided.

11.2 Unless otherwise agreed, invoice amounts are due for payment upon receipt of the invoice.

11.3 In addition, the Agency shall be entitled to demand advance payments to cover its expenses as follows:

” 50% deposit when placing the order (no later than 10 days before the start of the event), remaining amount upon invoicing.

If the down payment is not made, the agency will refrain from providing its services. The costs incurred for this, as well as a cancellation fee, will be charged to the client.

11.4 Deductions of any kind are excluded. Advance payments shall not bear interest.

11.5 In the event of default in payment after a reminder, the Agency shall be entitled, without prejudice to further claims, to demand compensation for damages caused by default in the amount of the usual minimum target interest and commissions of the major banks (but at least 5% above the respective reference interest rate of the European Central Bank). Proof of lower damages shall remain unaffected.

11.6 In the event of default in payment, the Agency shall also be entitled to withdraw from the contract and to claim damages for non-performance after setting a deadline with the threat of refusal. The amount of damages shall be governed by the provisions of Section 6.3 of these Terms and Conditions.

  1. Offsetting and assignment

12.1 The customer may only offset undisputed or legally established counterclaims.

12.2 The rights of the customer arising from this contractual relationship are only transferable with the prior consent of the agency.

  1. Data protection

13.1 It is pointed out that the data obtained in the context of the business relationship or in connection with these persons, regardless of whether they originate from the agency itself or from third parties, are processed in accordance with the Federal Data Protection Act.

  1. Place of fulfillment and jurisdiction

14.1 The place of performance and jurisdiction for all disputes arising between the parties from the contractual relationship shall be the registered office of the Agency, insofar as the customer is a registered trader, a legal entity under public law or a special fund under public law.

14.2 The contractual relationship shall be governed by German law.

  1. Logie

15.1 If the event location is more than 100 km away from the headquarters of mec / messe- & event caterer, the customer will be charged for accommodation costs for personnel.

  1. 6 final provisions

16.1 Should any provision of these terms and conditions be invalid or void, this shall not affect the validity of the remaining provisions.