General Terms and Conditions
1.1. LUNEGA Intercultural Event-Planning Agency – referred to as agency in the following – renders its services solely on the basis of these General Terms and Conditions. They also apply to all business relationships in the future, even if they are not expressly referred to.
1.2. Supplementary agreements and amendments to as well as provisos and changes of these General Terms and Conditions must be in writing to be valid; this also applies to this requirement of written form itself.
1.3. Even if conflicting conditions of the contractual partner or such that differ from these terms and conditions are known, they only become valid if the agency agrees to them expressly and in writing.
1.4. In case individual provisions of these General Terms and Conditions are invalid, this shall not affect the binding force of the other provisions and the contracts based on them. The invalid provision is to be replaced with a valid provision which, with respect to its intent and purpose, comes closest to the invalid provision.
2. Conclusion of Contract
2.1. The respective offer of the agency or, as the case may be, the order of the customer describing the scope of services and the remuneration is the basis for the conclusion of the contract. The offers of the agency are subject to change and non-binding.
2.2. If a customer places an order, he is bound to it for two weeks after the agency has received the order. The contract is concluded by the agency’s acceptance of the order. Acceptance shall be carried out in writing (e.g. through confirmation of the order), unless the agency unequivocally indicates its acceptance (e.g. through action based on the order).
2.3. All arrangements finalized by the customer and employees of the agency are only concluded provided that the management of the agency agrees to them. Therefore, the agency is free to reject any legal transactions initiated by its employees. Such a case will be communicated to the contractual partner within two weeks after the agency has taken notice of it. The legal transaction initiated by the employee will then be regarded as not having been concluded in the first place.
3. Scope of Services, Order Processing and Customer's Duty to cooperate
3.1. The scope of the services to be rendered is determined by the customer’s order, the service description or the contract details. Subsequent changes to the service content must be made in writing.
3.2. Customers are required to check all services of the agency (in particular all preliminary drafts, sketches, final artworks, proof sheets, blue prints and color prints) and approve them within three days. If not approved in time, they are considered approved by the customer.
3.3. The customer will provide the agency immediately with all information and documents necessary to deliver the service. He or she will inform the agency of any events relevant for the execution of the order, even if these circumstances only become apparent while executing the order. The customer shall pay any resulting costs if the agency has to repeat or delay tasks due to incorrect, incomplete, or subsequently changed information from the customer.
3.4. The customer is furthermore obligated to ensure that documents (images, logos etc.) provided for executing the order do not violate any possibly existing copyrights, trademark rights or other rights of third parties. The agency is not liable for any violation of such rights. If a claim is made on the agency for any such violation of rights, the customer shall indemnify the agency and hold the agency free and harmless; the customer shall compensate for any loss resulting from a third-party claim.
3.5. LUNEGA is authorized to make any necessary content-related, methodical and organizational changes or variations (e.g. due to legal changes) before or during a seminar, so long as they do not substantially change the benefit of the announced seminar to the participant. We are authorized to replace the intended speakers if necessary (e.g. in case of illness or accident) with others who are similarly qualified in respect to the announced subject.
The documents provided as part of the training are created to the best of our knowledge. We accept no liability for and cannot guarantee the correctness, currentness, completeness and quality of the contents.
4. External Services / Commissioning of Third Parties
4.1. The agency is authorized at its own discretion to carry out the service itself, use third-parties when delivering services that are part of the contract, and/or substitute such services (“supply agent”).
4.2. Commissioning supply agents is effected either in the agency's name or in the name of the customer, but in any case for account of the customer.
4.3. The agency will choose supply agents with great care and make sure that they possess the necessary specialist qualifications.
5.1. Deadline and date arrangements are to be made and confirmed in writing. The agency makes every effort to observe the deadlines agreed upon. Nevertheless, failure to observe a deadline entitles the customer to assertion of the rights he or she is entitled to by law only if he or she has granted the agency an adequate grace period of at least 14 days. This grace period begins with the agency’s receipt of a reminder.
5.2. After fruitless expiration of this grace period, the customer is free to withdraw from the contract. An obligation to make amends because of delay only exists in the case of intent or gross negligence on part of the agency.
5.3. Unavoidable or unpredictable events – in particular delays on part of the agency’s contractors – absolve the agency in any case from complying with the arranged delivery date. The same applies if the customer is behind schedule with carrying out his or her obligations necessary for processing the order (e.g. providing documents or information). In this case, the arranged deadline will be postponed, at least in the extent of the delay.
6. Withdrawel from Contract
The agency is entitled to withdraw from the contract, particularly if
- it is impossible to carry out the service for reasons the customer is responsible for, or if further delays occur in spite of setting an extension of time;
- there are justified concerns over the customer’s creditworthiness and he or she neither executes advance payments requested by the agency nor provides suitable collateral prior to the agency’s service.
- the event is cancelled due to extremely low demand or number of participants (at the latest 10 days before the planned date of the event) or due to other important reasons we are not responsible for (e.g. sudden illness of the speaker or force majeure). Of course you will be refunded any participation fees you have already paid. Further liability claims and claims for damages not affecting any injury of life, limb or health are excluded, except in the case of intent or gross negligence on part of the agency. Please also be aware of this when booking plane or train tickets.
Your guarantee to withdraw from events can be executed through
- a substitute you can name at any time in place of the registered participant. No additional costs will occur.
- a cancelation; you can withdraw from the contract at any time. However, this can only be done in writing. Please note that we charge the following processing fees:
When cancelling at least 4 weeks prior to the start of the event, no costs will occur.
When cancelling later than 4 weeks prior to the start of the event, we will have to charge the full participation fee plus VAT. This also applies if the registered participant fails to appear. Please remember to also cancel your hotel reservation when you withdraw.
7.1. If not agreed otherwise, the agency’s right to remuneration for each single service arises as soon as the service has been rendered. The agency is authorized to demand advance payments in order to cover its costs. Starting from a contract value of more than €2,000.00, an advance payment in the amount of 50% of the contract sum becomes due for payment when the contract is concluded.
7.2. All services of the agency that are not expressly covered by the arranged fees will be remunerated separately. All cash expenditures arising for the agency shall be compensated by the customer.
7.3. On principle, the agency’s cost estimates are non-binding. If it is foreseeable that the actual costs exceed those estimated in writing by the agency by more than 10%, the agency will advise the customer of the higher costs. If the customer does not object in writing within three days after this advice and, at the same time, does not notify us of alternatives at lower prices, it shall be assumed that the customer agrees to the higher costs.
7.4. The agency shall receive a suitable remuneration for all tasks of the agency that, for whatever reason, are not executed by the customer. By paying this remuneration, the customer shall not acquire any rights to these tasks; rather, concepts or drafts that have not been carried out and any other documents are to be returned to the agency immediately.
8.1. The agency’s invoices are due immediately without any deduction starting from the invoice date and are to be paid within 7 calendar days from receipt of the invoice, unless otherwise stipulated. In case of belated payment, default interest in the amount of 12% p.a. shall be deemed as agreed upon. Delivered goods shall remain the property of the agency until full payment has been made.
8.2. The customer undertakes to pay for all costs and expenditures in connection with collecting claims, in particular such as collection fees or other costs necessary for adequate litigation.
8.3. In case of default of payment on part of the customer, the agency is authorized to immediately call for payment of all services and partial services rendered within other contracts concluded with the customer.
8.4. The customer is not authorized to offset claims of the agency against own claims, unless the customer’s claims have been accepted by the agency in writing or determined by court order. Any liens on part of the customer shall be excluded.
9. Proprietary Right and Copyright Protection
9.1. All services of the agency including those during presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artworks, concepts, negatives, slides), as well as individual parts of them, remain the property of the agency, just as the individual work pieces and original drafts, and can be demanded back by the agency at any time, especially when the agreement is terminated. By paying the fees, the customer only acquires the right of use (including reproduction) for the stipulated purpose and the stipulated scope of usage. Without contrary agreement with the agency, the customer is only allowed to use the agency’s services for him or herself exclusively in Germany only for the duration of the agency contract. Acquiring use and exploitation rights for the services of the agency requires in any case full payment of the fees charged by the agency for this purpose.
9.2. Changes of the agency’s services, such as, in particular, further development through the customer or through third parties working for him or her, are permitted only upon express approval by the agency and – as far as the services are protected by copyright – the originator.
9.3. Using the agency’s services for more than the originally stipulated purpose and scope of usage requires approval by the agency, irrespective of whether this service is protected by copyright or not. For this, the agency and the originator are entitled to receive a separate, appropriate remuneration.
10.1. The agency is authorized to indicate the agency and, if applicable, the originator in all advertising material and in all promotional measures without the customer being entitled to make claims for compensation for this.
10.2. Subject to the customer’s written revocation, which is possible at any time, the agency is entitled to indicate the business relationship with the customer in its own advertising media and particularly on its website with name and company logo.
11. Warranty and Damages
11.1. Any complaints have to be asserted and justified by the customer in writing immediately, in any case within three days after receipt of the agency’s service. In the case of justified and punctual claims, the customer is only entitled to receive rectification or replacement of the service by the agency.
11.2. In the case of a justified notification of defects, the defects will be remedied within an appropriate time period, with the customer enabling the agency to take any measures necessary for inspecting and correcting the defects. The agency is authorized to refuse to rectify the service if it is impossible or if it would involve a disproportionally high expenditure for the agency.
11.3. Reversal of the burden of proof according to section 924 of the German General Civil Code (AGB) at the expense of the agency is excluded. The customer must prove that the defects existed when the service was delivered, the point of time they were discovered and that the notification of defects was made in time.
11.4. Claims for damages by the customer, in particular due to delay, impossibility of the service, positive claim violation, default when the contract was concluded, faulty or incomplete service, consequential damage or damage due to torts are excluded, unless they are due to intent or gross negligence on part of the agency.
11.5. All claims for damages can only be asserted within three months after the defects have been noted.
11.6. The amount of the claims for damages is limited to the order value exclusive of taxes.
12.1. The agency shall carry out its assigned tasks with respect to generally accepted legal guidelines and inform the customer of identifiable risks in a timely manner. Any liability of the agency for claims the customer is charged with due to the advertising measures (the use of a trademark) is expressly excluded if the agency has fulfilled its duty to provide information. The agency cannot be held liable for, in particular, the costs of a lawsuit, the customer’s own legal fees or the costs of the publication of a sentence, nor for incidental damage claims or similar claims of third parties.
12.2. Within the legal regulations, the agency can only be held liable for any damage if intent or gross negligence on part of the agency can be demonstrated. Any liability for slight negligence is excluded. The injured party must provide evidence of gross negligence.
13. Information on Data Protection
Storing and processing of customer data is carried out by the LUNEGA Intercultural Event Management company, neutral service providers commissioned by us and cooperating companies, paying strict attention to the German Federal Data Protection Act. Customer data will be stored for processing, accounting and advertising purposes in the form of name, telecommunication data and address of their residence or place of business. You are free to object to using your data for advertising purposes.
14. Governing Law
German law, without international conflict of laws rules, is to be applied to the legal relationships between the customer and the agency exclusively. The regulations of the UN Convention on Contracts for the International Sale of Goods do not apply.
15. Place of Fulfillment and Legal Venue
15.1. The place of fulfillment is Fürth (Germany).
15.2. The place of legal venue for all disputes arising directly between the agency and the customer shall be the German court having local and subject-matter jurisdiction for the location of the agency.