General Terms and Conditions
§ 1 Agency
Allgäu Events GmbH & Co. KG is a full-service event agency. It offers event concepts tailored to the specific requirements of the client, including their execution and follow-up. The events include team building, incentives, kick-off events, conferences, and adventure trips in indoor and outdoor areas.
§ 2 Contract
Only these terms and conditions are part of the contract. Any terms and conditions of the client are not recognized. A contract between the client and Allgäu Events GmbH & Co. KG can be concluded in writing or orally. The basis of a contract between the client and Allgäu Events GmbH & Co. KG is the individually configured proposal and the calculation prepared based on the Allgäu Events GmbH & Co. KG service rates. The client incurs no costs for the preparation of the offer, including the calculation. If a third party has placed an order for a client, they are jointly and severally liable with the client to Allgäu Events GmbH & Co. KG. Allgäu Events GmbH & Co. KG may demand a reasonable advance payment from the client and/or the third party.
The scope of the contractual services of Allgäu Events GmbH & Co. KG is detailed in the confirmation. For the chosen mode of transport, the respective terms and conditions of the operating company or airlines apply. Allgäu Events GmbH & Co. KG is not liable for the provision of transport services themselves. Ancillary agreements such as additional services, special requests, and special services require explicit confirmation.
All contractual fees, cancellation and processing fees, as well as other costs, are due by the payment deadline specified on the invoice. Costs for special services (ancillary agreements) and disbursed expenses will be billed separately.
The client may only offset claims against Allgäu Events GmbH & Co. KG if the client’s counterclaim is undisputed or a legally binding title exists. A right of retention and the withholding of payments is excluded, unless it is based on the same contractual relationship.
Allgäu Events GmbH & Co. KG reserves the right to change the transport company, the mode of transport, the departure or return location, as well as changes to arrival and departure times or the route, and these are permitted, provided this is reasonable for the client. No liability is assumed for damages resulting therefrom. In the case of substitute transport by train, only the costs of a second-class train journey will be covered.
Allgäu Events GmbH & Co. KG reserves the right to change the agreed, confirmed prices for objectively justified, significant, and unforeseeable reasons (reduction in participants, change in fuel prices, taxes, fees, duties, etc.) to the extent that their increase per participant affects the participant price (total price: number of participants). Allgäu Events GmbH & Co. KG may terminate the contract without notice if the client behaves in a strongly contract-breaching manner despite a corresponding warning. However, Allgäu Events GmbH & Co. KG retains the right to contractual fees/prices minus any saved expenses plus disbursed costs. In the event of claims by third parties, the client must indemnify Allgäu Events GmbH & Co. KG.
The client’s warranty rights are determined by travel contract law according to §§ 651 a ff BGB (German Civil Code).
The client is solely responsible for complying with passport, visa, customs, foreign exchange, and health regulations. All disadvantages arising from non-compliance with these regulations are at their expense, unless Allgäu Events GmbH & Co. KG negligently failed to provide the necessary information or provided it incorrectly to the client. This also applies in the event of changes to the aforementioned regulations after the conclusion of the contract.
Deviating contract amendments, as well as ancillary agreements and all declarations of intent such as cancellations, withdrawal declarations, etc., require written form to be effective. The invalidity of individual provisions of the event contract does not result in the invalidity of the entire contract. The same applies to these terms and conditions. Invalid provisions/conditions are to be replaced by a provision/condition that comes closest to their economic and legal content.
§ 2a Payment Terms
Unless expressly agreed otherwise, a down payment of 50% of the agreed service volume is to be made after the order has been placed.
The remaining 50% of the agreed service volume must be paid into the account of Allgäu Events GmbH & Co. KG up to 4 weeks before the start of the event.
If payments are not received on time, the organizer is not obliged to fulfill the contract. The claim of Allgäu Events GmbH & Co. KG for payment of the agreed contract sum remains unaffected. Default interest can be charged at a rate of 5% above the respective base interest rate per annum. The right to claim higher damages for delay remains reserved.
§ 3 Cancellation
In the event of a cancellation of a confirmed event for reasons not attributable to the organizer, which should in any case be made in writing in the interest of the client and for evidentiary purposes, the following cancellation conditions apply:
§ 3.1 Cancellation
- After signing the order confirmation, in the event of a cancellation or
partial cancellation (reduction in participant numbers) - 65% of the event price is to be paid up to 60 days before the start of the event.
- 75% of the event price is to be paid 60 to 30 days before the start of the event.
- 100% of the event price is to be paid from 30 days before the start of the event.
All listed amounts in the cost breakdown are taken into account and
calculated.
§ 3.2 Special conditions for hotel and flight bookings as well as services from third-party providers
In the event of a reservation or booking of hotels and/or flights as well as services from third-party providers, only the current cancellation conditions of the respective service providers apply. Upon request, the client will be presented with the cancellation conditions of the respective service provider. For all other services, the cancellation conditions of 3.1 apply.
§ 4 Termination of the contract due to extraordinary circumstances
If the event is significantly hindered, endangered, or impaired due to unforeseeable force majeure at the time of contract conclusion or circumstances affecting Allgäu Events GmbH & Co. KG, especially those outside the sphere of influence of Allgäu Events GmbH & Co. KG, both the organizer and the client may terminate the contract.
If the contract is terminated, Allgäu Events GmbH & Co. KG is entitled to demand reasonable compensation for services already rendered or yet to be rendered.
§ 5 Duty of Care and Liability
Allgäu Events GmbH & Co. KG is liable, within the scope of the duty of care of a diligent merchant, for the conscientious organization and execution of the event, the careful selection and supervision of service providers, the accuracy of the service descriptions according to the proposal, and for the proper provision of the contractually agreed services. Allgäu Events GmbH & Co. KG is liable for contractual breaches of duty and for tort only in cases of intent and gross negligence, including intent or gross negligence of its representatives or vicarious agents.
If the participant price per participant exceeds Euro 1,350.00, liability per participant is limited to three times the participant price.
Allgäu Events GmbH & Co. KG is not liable for service disruptions in the area of
third-party services that are merely brokered (e.g., sports events, exhibitions, etc.) and are expressly identified as such in the confirmation.
Participation in sports activities or other similar activities is the sole responsibility of the client or each participant. Sports facilities, equipment, and vehicles must be checked by the client or participant before use. Allgäu Events GmbH & Co. KG is only liable for accidents occurring during sports activities or other similar activities if Allgäu Events GmbH & Co. KG is at fault.
Liability for culpable injury to life, body, and health remains unaffected. In this respect, liability exists for every degree of fault.
§ 6 Safety
Adherence to the highest international and our own safety standards is the most important framework condition for every event at Allgäu Events GmbH & Co. KG.
§ 7 Terms of Deployment for the Guide Team
For the proper execution of the event, special terms of deployment apply to the deployed
guide team, which are regulated below.
§ 7.1 Catering
Allgäu Events GmbH & Co. KG reserves the right to require the client to provide or cover appropriate catering and suitable non-alcoholic beverages for the deployed guide team. The scope, timing, and type of provision are at the discretion of the responsible project manager or head guide and are adapted to the respective duration of deployment and event format. If the client does not provide these, Allgäu Events GmbH & Co. KG reserves the right to bill the resulting expenses separately.
§ 7.2 Accommodation
For a total deployment time of more than 10 hours – including travel to and from the location – Allgäu Events GmbH & Co. KG organizes suitable accommodation for the deployed guide team. The resulting costs will be charged to the client. The decision regarding the type, location, and extent of accommodation is at the discretion of Allgäu Events GmbH & Co. KG, taking into account reasonableness and economic efficiency.
§ 8 Invalidity of individual provisions
The invalidity of individual provisions of the contract does not result in the invalidity of the entire contract.
§ 9 Place of Jurisdiction
For all legal relationships between the client and the organizer, the law of the Federal Republic of Germany applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980, is excluded. If the contractual partner is a merchant or a legal entity or an entrepreneur within the meaning of §14 BGB, the place of jurisdiction for all claims arising from this contractual relationship is Kempten im Allgäu.