1. Scope and Conclusion of Contract
1.1 Scope of the Terms and Conditions
These General Terms and Conditions (AGB) apply to all services provided by us, Intamio (hereinafter „Agency“ or „we“), in the field of event and event organization, unless expressly agreed otherwise in writing.
1.2 Conclusion of Contract
The contract is concluded through the acceptance of the offer or confirmation by the customer.
1.3 Preliminary and Detailed Offer
Before the final agreement, the customer receives a preliminary offer that contains the rough services and prices of the planned event. This preliminary offer serves as a guideline and is not binding. Once the customer agrees to the preliminary offer, a detailed offer with all specific service and price details will be created.
1.4 Price Adjustments
The prices stated in the detailed offer are based on the conditions and agreements valid at the time the offer is submitted. However, the price may change after acceptance of the offer and before the event is carried out, for example, if service providers adjust their prices or unexpected additional costs arise. If a price adjustment is required after the customer’s arrival, the Agency will promptly inform the customer of the changes. The customer agrees to bear the additional costs if they arise.
1.5 Offer Period
The preliminary and detailed offers are valid for a period of 2 weeks after submission. If the customer does not agree within this period, the Agency reserves the right to modify or withdraw the offer.
1.6 Agreement to Terms and Conditions
By signing this contract, the customer confirms that they have read the General Terms and Conditions and agree to their content.
1.7 Scope of the Terms and Conditions
Our Terms and Conditions apply to all services we provide within the framework of event and travel organization, as well as other events and projects.
2. Scope of Services
2.1 Services of the Agency
Our services include the planning, organization, and execution of events and travel according to the specific wishes and requirements of the customer, as defined in the contract.
2.2 Provision of Services
We provide all agreed services with the necessary care and expertise. Changes to the event may be required due to unforeseen circumstances or by official instructions. In such cases, we will inform the customer as soon as possible.
2.3 Customer’s Duty to Provide Information
The customer is obligated to provide us with all information and materials necessary for fulfilling the contract in a timely and proper form.
2.4 Online/Hybrid Events
If the event is held online or hybrid, the customer is responsible for ensuring that all participants have the necessary technical equipment (e.g., stable internet connection, hardware).
3. Duties of the Agency
3.1 Provision of Contractually Agreed Services
The Agency will provide the services specified in the contract in accordance with the customer’s requirements and the applicable legal provisions. A high-quality and timely execution of the event is aimed for.
3.2 Subcontractors and Third Parties
The Agency is authorized to hire subcontractors or third parties to perform partial services, but retains responsibility for their work. However, no responsibility is assumed for the direct service provision by subcontractors.
3.3 Liability for Proper Performance
The Agency is liable for the proper execution of the agreed services according to the contractual agreements and legal regulations. Liability is limited to the amount of the paid services.
3.4 Flexibility in Unforeseen Circumstances
The Agency undertakes to carry out the event in the best possible way. However, if changes or delays occur due to unforeseen circumstances (e.g., force majeure, sudden service provider cancellations), the Agency reserves the right to find alternative solutions, without being held liable for indirect damages or consequential problems arising from such events.
3.5 Communication and Information
The Agency is obligated to regularly and promptly inform the customer about the progress of event preparations and any significant changes or issues that may arise in connection with the event.
3.6 Quality of Services
The Agency ensures that the agreed services are provided according to the highest industry standards, using proven methods and qualified service providers.
3.7 Compliance with Safety Standards
The Agency is responsible for ensuring that all event components it directly organizes comply with the relevant safety standards and that all necessary safety measures are implemented.
3.8 Availability and Flexibility in the Planning Phase
The Agency provides all necessary resources for planning and executing the event. If the needs change or additional requirements arise, the Agency will work with the customer to find a solution that meets the changes.
3.9 Confidentiality and Data Protection
The Agency guarantees the confidentiality of all information received from the customer during the event and collaboration, and commits to handling all personal data in accordance with the applicable data protection regulations.
3.10 Adherence to the Agreed Schedule
The Agency strives to conduct the event on time and in accordance with the agreed schedule. In case of unexpected delays, the Agency will promptly inform the customer and offer alternatives to ensure the event runs smoothly.
3.11 Liability Disclaimer for Non-Performance
The Agency assumes no liability for non-performance of services caused by circumstances beyond its control (e.g., service provider failure or resource shortage).
4. Customer’s Duties
4.1 Customer’s Duty to Provide Information
The customer will provide all necessary information and documents required for the execution of the event. This includes obtaining all necessary permits and approvals for the event.
4.2 Permits and Approvals
The customer is responsible for obtaining all necessary permits, licenses, and approvals required for the event.
4.3 Compliance with Regulations
The customer ensures that all participants and employees comply with the regulations and instructions that apply at the time of the event.
4.4 Compensation for the Agency
The customer will indemnify and hold the Agency harmless from any losses, damages, expenses, or other costs resulting from a breach of these Terms and Conditions or actions or omissions of the customer’s employees, representatives, or subcontractors.
4.5 Customer’s Duty to Inform of Changes
The customer agrees to promptly inform us of any changes that could affect the execution of the event (e.g., changes in participant numbers, venue adjustments, or schedule modifications).
4.6 Safety Precautions
The customer ensures that all safety measures are observed during the event, particularly concerning access to certain areas, handling of materials or equipment, and participant safety. If necessary, the customer will arrange security services or medical services.
4.7 Return of Materials
The customer ensures that all materials, equipment, or supplies provided by the Agency are properly used and returned in good condition after the event.
4.8 Health and Hygiene Regulations
The customer is responsible for complying with all health and hygiene regulations applicable to the event, particularly for events held in closed spaces with participants or guests.
4.9 Special Requirements and Requests
The customer agrees to inform the Agency in a timely manner about special requirements or requests that could affect the execution of the event (e.g., special technical equipment, catering requests, or special venue requirements).
4.10 Compliance with Instructions
The customer ensures that all employees, representatives, and subcontractors comply with the Agency’s instructions and the applicable regulations during the event.
4.11 Insurance Obligations of the Customer
The customer agrees to obtain all necessary insurance for the event to cover potential damages to persons or property and to provide the Agency with the relevant insurance certificates upon request.
4.12 Payment Obligations of the Customer
The customer is obligated to meet the agreed payment deadlines. If the customer fails to make payment on time, the Agency reserves the right to suspend the event’s preparation or cancel the event.
4.13 Provision of Information and Materials
The customer ensures that all information and materials required for the event (e.g., guest lists, registrations, payment confirmations) are provided in a timely manner to ensure smooth planning and execution.
4.14 Responsibility for Participant Behavior
The customer is responsible for the behavior of their employees, representatives, and participants during the event and will indemnify the Agency from any third-party claims arising from the actions of these individuals.
4.15 Safety Precautions and Liability
The customer is responsible for implementing all recommended safety precautions and ensuring the safety of event participants during the event. The Agency is not liable for accidents or damages caused by negligence or insufficient safety measures taken by the customer or their representatives.
4.15 Confirmation of Participant Number
The customer is required to confirm the final number of participants no later than 7 days before the event. Changes to the participant number after this deadline may result in additional costs that will be borne by the customer.
5. Prices and Payment
5.1 Pricing
The prices for our services are specified in the contract and are subject to applicable value-added tax.
5.2 Payment Terms
Payments are due in accordance with the payment terms specified in the contract. Typically, payment is made based on a deposit at contract signing, with the remaining balance invoiced after the event.
5.3 Payment in Case of Late Payment
Payments are due within 7 days of invoicing. In case of late payment, the Agency reserves the right to charge late fees at a rate of 1.5% per month or the statutory interest rate.
5.4 Consequences of Late Payment
If payment is not made within 14 days after invoicing, the Agency reserves the right to cease further preparations or the execution of the event.
5.5 No Offsetting of Payments
The customer is not entitled to withhold payments or offset amounts owed to the Agency against amounts owed to the customer.
5.6 Deposits to Service Providers
If service providers booked for the event require deposits, these must be paid by the customer in advance, regardless of the 30-day cancellation policy. Otherwise, the service provider’s booking cannot be made. The Agency will inform the customer in advance of the amount of these deposits.
5.7 Additional Costs During the Event
If additional services are required during the event that are not included in the original contract, the Agency will inform the customer in advance of the resulting costs. These additional costs must be settled immediately after the event.
5.8 Reminder and Cancellation
If the customer is in arrears with payment, the Agency will send a written reminder. If payment is not made within an additional 7 days, the Agency reserves the right to suspend or cancel the event without refunding any payments.
5.9 Payments to Multiple Service Providers: If multiple service providers are involved in the event, payments for their services may be agreed separately and become due. The customer agrees to make these payments directly or through the Agency in accordance with the contractual agreements.
6. Cancellation and Rescheduling
6.1 Cancellation by the Customer
The customer may cancel an event up to 30 days before the scheduled date free of charge. The following fees will apply for cancellations made later:
Up to 15 days before the event: 50% of the agreed price
Less than 15 days before the event: 100% of the agreed price
6.2 Cancellation Fees of Service Providers
If a service provider hired by the Agency for the customer has already been booked and cancellation by the customer incurs cancellation fees, the customer is obligated to bear these fees, regardless of the 30-day cancellation policy.
6.3 Rescheduling
Rescheduling is possible up to 30 days before the event, provided the availability of services allows it. The customer will bear any additional costs incurred due to rescheduling.
6.4 Cancellation by the Agency
If the Agency has to cancel the event due to force majeure or unforeseen circumstances (e.g., illness or natural disasters), the customer will be informed immediately, and any payments already made will be refunded.
6.5 Cancellation Due to Illness
Cancellation due to illness or other unforeseen events: If the customer has to cancel due to illness or other unforeseen events that make participation in the event impossible, cancellation according to the above deadlines is possible. If a medical certificate or other proof is provided, the Agency may agree to reduce the cancellation fees after consultation.
6.6 Impossibility of Execution by the Customer
If the customer cannot carry out the event due to lack of preparation or required cooperation (e.g., missing permits, insufficient participant numbers, lack of cooperation), the Agency reserves the right to charge cancellation fees, even if this occurs within the 30-day period.
6.7 Changes by Service Providers
If a service provider booked for the event can no longer provide their service due to unforeseen reasons (e.g., illness, sudden resource availability, insolvency), the Agency will try to provide an equivalent alternative. If no equivalent solution can be found, the Agency will offer the customer a full refund of any payments already made for that service. If the customer insists on the originally booked services, the customer will bear the additional costs for an alternative solution. Payments made for services that are non-refundable by the service provider will remain non-refundable even in case of cancellation by the customer.
6.8 Insufficient Participant Numbers
If the event was planned by the Agency with a minimum number of participants and this number is not reached, the Agency reserves the right to cancel the event up to 30 days before the scheduled date. In this case, any payments already made will be refunded, and no further fees will be charged.
6.9 Delays at the Event
If the event is delayed due to unforeseen circumstances (e.g., traffic delays, technical issues, late service providers), the Agency is not liable. However, the customer is entitled to an alternative solution if the event is significantly shortened or rescheduled.
6.10 Cancellation by the Customer after Service Provision
If the customer cancels the event after the commencement of service provision (e.g., after arrival, event start), the full price for the services rendered will be charged, and no refunds will be given.
6.11 Unforeseen Events (Pandemics)
If the event cannot be carried out as planned due to unforeseen events, such as a pandemic or official measures, a free rescheduling or reduction of cancellation fees will be considered if this is possible with the service providers.
6.12 Cancellation of Special Services
Specially requested or individual services that go beyond the standard services may be subject to different cancellation conditions. These will be agreed upon separately in the detailed offer and must be accepted by the customer.
6.13 Refund of Deposits
Deposits already made for the event or to service providers are generally non-refundable if the customer cancels the event or if a cancellation occurs under the conditions mentioned above. However, if the Agency cancels the event due to force majeure or unforeseen circumstances, all payments made (except deposits to service providers) will be refunded.
7. Liability and Insurance
7.1 Agency Liability
The Agency is only liable for damages caused by intentional or grossly negligent behavior on our part or that of our agents. We are not liable for damages caused by third parties or force majeure.
7.2 Liability Exclusion for Consequential Damages
The Agency is not liable for indirect, incidental, consequential, or special damages, including loss of profits, arising from or in connection with the contract, even if we have been advised of the possibility of such damages. Our total liability under the contract shall not exceed the amount of the fees paid to us under the contract.
7.3 Liability for Direct Damages
The Agency is only liable for damages directly caused by its fault. Liability for consequential damages, lost profits, or indirect damages is excluded.
7.4 Liability for Subcontractors and Third Parties
The Agency is only liable for damages caused by its fault or the fault of its direct employees. Damages caused by subcontractors or other third parties are not part of the Agency’s liability unless the Agency acted grossly negligently when selecting or instructing the third party.
7.5 Liability in Case of Gross Negligence
Our obligations and liabilities under the contract are subject to the provision that we are only liable for damages caused by us or our employees through gross negligence or willful misconduct.
7.6 Event Liability Insurance
The customer is obliged to obtain suitable event liability insurance to protect against any damages during the event.
7.7 Violation of Safety Regulations and Liability
If the customer or a participant violates safety-related regulations or instructions from the Agency, the Agency assumes no liability for resulting damages or injuries. The customer shall indemnify the Agency from any third-party claims arising from such violations.
7.8 Loss or Damage to Personal Belongings
The Agency is not liable for the loss or damage of personal belongings of the customer or participants during the event or at the event location. It is recommended that the customer and participants insure their personal belongings.
7.9 Liability for Delays and Cancellations
For delays or interruptions of events caused by external factors, such as unforeseeable weather conditions, traffic, service provider failure, or technical issues, the Agency assumes no liability. If the event is significantly impacted by such events, the Agency will work with the customer to find a solution.
7.10 Liability for Damages to the Event Venue and Equipment
The customer is liable for any damage to the event venue caused by the use of event equipment or by the participants. The customer agrees to use the venue properly and to promptly report and repair any damage.
7.11 Responsibility for Compliance with Health Regulations
The customer is responsible for ensuring that the event complies with all applicable health regulations, particularly with regard to COVID-19 or other health requirements that apply at the time of the event. If the Agency is held liable by the customer or participants in connection with these regulations, the customer will indemnify the Agency from such claims.
7.12 Liability for Online and Hybrid Events
The Agency accepts no liability for technical failures or issues during online or hybrid events caused by the customer or third parties. The customer is responsible for providing the necessary technical equipment and ensuring a stable internet connection. The customer is also responsible for their own data and system preparation.
7.13 Health Regulations During Pandemics
The customer agrees to comply with all applicable health regulations, especially concerning pandemic-related measures, during the event. This includes adherence to social distancing, mask requirements, and other safety measures that are required at the time. The Agency is not liable for any disruptions or cancellations caused by pandemic-related restrictions.
8. Data Protection
8.1 Processing of Personal Data
We process the personal data of the customer and participants in accordance with applicable data protection laws and our privacy policy, which is available on our website.
8.2 Use of Photos and Videos for Marketing Purposes
The customer agrees that the Agency may use photos, videos, and other media recordings from the event for marketing and promotional purposes. If the customer expressly objects to this use, they must notify the Agency in writing before the event.
8.3 Confidentiality of Information
The Agency will treat all confidential information received from you with strict confidentiality and will not disclose it to third parties without your prior consent.
8.4 Storage and Use of Data
The Agency undertakes to store and use all personal data collected in the course of fulfilling the contract only for the duration of the contract. Any further use, especially for advertising purposes, will only be carried out with the express consent of the customer.
9. Force Majeure
9.1 Exemption in Case of Force Majeure
In the event of force majeure (e.g., natural disasters, strikes, political unrest), both parties are exempt from their contractual obligations for as long as the event lasts.
9.2 Liability in Case of Force Majeure
The Agency is not liable for delays in fulfilling or non-fulfillment of obligations arising from circumstances outside of our control, including, but not limited to, force majeure, fire, flood, storm, earthquake, terrorist acts, riots, war, or military actions.
10. Contract Duration and Termination
10.1 Contract Commencement and Validity
The contract becomes effective upon signing and remains valid until the full performance of the agreed services. Both parties can terminate the contract with a notice period of 4 weeks in writing unless another agreement is made. In cases of serious contract violations, such as payment arrears or breach of duties, the Agency may terminate the contract immediately.
10.2 Termination Right of the Agency in Case of Payment Arrears
If the customer is more than 14 days in arrears with payments, the Agency reserves the right to terminate the contract immediately and cancel the event. In this case, any payments already made will not be refunded.
11. Subcontracting of Services
11.1 Appointment of Subcontractors
The Agency is entitled to hire subcontractors for specific services but remains fully responsible for the proper execution of the services. The customer will be informed in a timely manner about the appointment of subcontractors.
12. Nature and Quality of Services
12.1 Quality and Standards of Services
We ensure that all services are provided according to the highest industry standards. However, a detailed specification of requirements must be agreed upon in writing between both parties in advance.
13. Contract Changes and Additions
13.1 Changes to the Contract
Changes or additions to the contract require the written consent of both parties. If the customer requests changes or additional services, these must be agreed upon separately and may incur additional costs.
14. Communication and Contact
14.1 Communication Regarding the Contract
All communications related to this contract must be in writing and sent to the addresses specified in the contract. Communications are considered delivered if sent by post or email and received by the recipient.
15. Non-Compete or Exclusivity
15.1 Non-Compete Clause
During the term of the contract, the customer agrees not to engage similar services from third parties without prior consent from the Agency.
15.2 Assignment of the Contract
The customer may not assign or transfer this contract or its rights and obligations under this contract to third parties without the express written consent of the Agency.
16. Legal Provisions and Compliance
16.1 Compliance with Applicable Laws
Both parties agree to comply with all applicable laws and regulations regarding the event, including but not limited to safety, environmental, and health protection regulations.
16.2 Enforcement of Contract Clauses
Unless explicitly stated in the contract, no person who is not a party to the contract shall have the right to enforce any clause of the contract under the Contracts (Rights of Third Parties) Act 1999.
16.3 Claims from the Contract
All claims from the customer or the Agency under this contract must be made within 1 month after the end of the event. Claims not made within this period will expire.
17. Language of the Contract
17.1 Language of the Contract
The contract is drafted in German or English. In case of discrepancies between different language versions, the German or English version shall prevail.
18. Jurisdiction and Applicable Law
18.1 Applicable Law and Jurisdiction
Spanish law applies. For all disputes arising from or in connection with this contract, the courts in Palma de Mallorca shall have exclusive jurisdiction.
19. Changes and Additions
19.1 Changes to the Contract
Changes or additions to the contract must be made in writing.
20. Severability Clause
20.1 Validity of Remaining Provisions
If any provision of this contract is found to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.