EN
General Terms and Conditions of LED-CREW UG (haftungsbeschränkt) & Co. KG
1. Scope
These General Terms and Conditions (GTC) apply to all contracts concluded between LED-CREW UG (haftungsbeschränkt)
& Co. KG (hereinafter referred to as "Contractor") and the client (hereinafter referred to as "Client"). These terms and conditions also apply if the Contractor performs its services without reservation despite being aware of conflicting or deviating terms and conditions. These terms and conditions also apply to all future business transactions with the Client. The application of the Client's general terms and conditions is excluded.
2. Conclusion of the contract
All offers are non-binding. A contract is formed either through written confirmation of the unchanged offer by the client or through written confirmation of the order by the contractor. For both alternatives, written form such as email is sufficient.
3. Services of the contractor
(1) The contractor undertakes to perform the services agreed upon in the contract to the best of his or her knowledge and belief. The exact services are specified in the respective contract.
(2) If offers are prepared according to the specifications of the client and the documents provided by him or by third parties, the contractor shall not be liable for the accuracy and suitability of these offers unless their inaccuracy and unsuitability are intentionally or grossly negligently not recognized or the contractor is expressly commissioned to check them.
4.Obligations of the client to cooperate
The client is obligated to grant the contractor the necessary access to the event venue for the execution of the contract. This includes issuing access passes and providing the required number of parking spaces in the immediate vicinity of the event venue.
5. Compensation
(1) The remuneration shall be based on the prices agreed in the contract plus statutory value added tax.
(2) Payments are due within 8 days of the invoice date without deductions.
(3) The agreed remuneration refers to a working time of 10 hours. Overtime worked will be charged separately at 10% of the contractually agreed remuneration per hour.
6. Liability
(1) Unless otherwise stipulated below, the Contractor shall be liable for damages in accordance with the statutory provisions.(2) In cases of simple negligence, the contractor shall only be liable for breaches of essential contractual obligations and only for foreseeable damages typical for this type of contract. Essential contractual obligations are, in particular, those whose fulfilment is essential for the proper performance of the contract, whose breach jeopardises the achievement of the contract's purpose, and on whose compliance the client regularly relies. The contractor's liability for simple negligence is limited to the coverage provided by its business liability insurance (EUR 3 million per claim for property damage, EUR 100,000 per claim for financial loss). The contractor shall not be liable for indirect damages, consequential damages, or lost profits.
(3) The aforementioned limitations shall not apply in the case of intent, gross negligence, fraudulent misrepresentation, or culpable injury to life, body or health by the Contractor.
(4) The Client shall be obliged to immediately inform the Contractor of any circumstances which come to his attention which could give rise to liability on the part of the Contractor.
7. Ownership and copyright
The contractor retains ownership and copyright of all offers and cost estimates submitted by him, as well as all drawings, illustrations, calculations, and other documents provided to the client. The client may not, without the express consent of the contractor, make these items or their content accessible to third parties, use them himself or through third parties, or reproduce them. Upon request, the client must return these items in full to the contractor and destroy any copies made if they are no longer needed in the ordinary course of business or if negotiations do not result in a contract.
8. Services
(1) If the contract includes services such as setup, technicians and/or other personnel, dismantling, delivery, etc., the following additional agreements shall apply.
(2) The tenant is responsible for providing meals for the staff. If this is not done, a daily meal allowance will be charged according to the currently applicable rates.
(3) If the tenant provides accommodation, only single rooms, minimum 3 stars, are permitted. Other accommodations will only be accepted by prior arrangement. If this requirement is not met, the landlord will book accommodation and charge separately.
(4) The lessee shall ensure the supervision and security of the rented equipment and personnel throughout the entire rental period. This also applies to setup, rehearsal, event, and dismantling times, as well as periods of non-use and at night. The lessor's personnel expressly do not assume this responsibility for supervision.
(5) The tenant assumes full responsibility for the fixing points assigned to the landlord for the erection of suspended structures, even if these were assigned to the tenant by third parties. The tenant is liable for any damage resulting from insufficient load-bearing capacity.
(6) The tenant shall provide a competent contact person with the authority to give instructions throughout the entire project period.
(7) Installation and operation of the equipment will be carried out according to local conditions, technical possibilities, and the instructions of the venue management. Agreed setup and dismantling times are only approximate.
9. Termination of contract
(1) Notice of termination or resignation must be given in writen form, text form is not sufficient. Timely receipt by the recipient is decisive.
(2) In the event of early termination of the contract by the client, the following applies:
The contractor shall charge a lump sum for expenses already incurred and other lost earning opportunities:
Starting 2 calendar days before the scheduled start date of the service, the full remuneration (100%) will be paid.
Up to 21 days before the start: 25% of the agreed fee
Up to 14 days before the start: 50% of the agreed fee
Up to 7 days before the start: 75% of the agreed fee
Up to 3 days before the start: 85% of the agreed fee
The client reserves the right to prove that the contractor incurred a lesser loss.
10. Confidentiality
The contracting parties shall treat the terms of the offer and the contract, as well as all information and documents provided for this purpose (with the exception of publicly available information), as confidential, use them only for the contractually stipulated purposes, and keep them secret from third parties with the same care as they would their own corresponding documents and knowledge. This obligation shall continue for a further three years after the expiry of this contract.
11. Data protection
The contractor undertakes to treat all personal data of the client confidentially in accordance with the applicable data protection regulations and to use it only within the scope of the contract execution.
12. Miscellaneous
(1) The law of the Federal Republic of Germany shall apply.
(2) The place of jurisdiction for all disputes arising from this contract is Regensburg.
(3) Amendments, additions and side agreements to the contract (including deviations from these terms and conditions) can also be negotiated and confirmed in written form (e.g. email).
(4) The invalidity of a contractual clause shall not affect the validity of the contract. The invalid clause shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision.
06 / 2025
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