General terms Eckhardt Events Hamburg - Eckhardt Events | Realization of Company Events

Eckhardt Events - Hamburg
Überseeallee 1
20457 Hamburg; GER
(+49) (0)40 70121870
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General terms Eckhardt Events Hamburg


General Terms and Conditions of Eckhardt Events,
Überseeallee 1, 20457 Hamburg, Germany

§1 Scope of application

(1) Eckhardt Events, Überseeallee 1, 20457 Hamburg (hereinafter referred to as "Eckhardt Events") provides its services for the respective contractual partner (hereinafter referred to as "Client") exclusively on the basis of these General Terms and Conditions.

(2) Deviating general terms and conditions of the Client shall only apply if Eckhardt Events has expressly agreed to them in writing.

§2 Conclusion of the contract

(1)An offer from Eckhardt Events is only considered an offer for the conclusion of a contract if it is expressly designated as a binding offer. Otherwise, § 3 applies to the costs of preparing an offer even if no contract has been concluded.

(2) Otherwise, the client's declaration that it wishes to accept an offer, cost estimate or similar shall be deemed an offer to conclude a contract. The client shall be bound by his offer for four weeks. The contract is only concluded if Eckhardt Events accepts this offer.

§3 Costs for preparing an offer

If a (potential) Client requests Eckhardt Events to prepare an offer for an exact date (e.g. in the form of a presentation or an exact schedule including a concrete description and binding indication of the costs / cost estimate of the researched items and event components) and if the order is then not placed with Eckhardt Events, Eckhardt Events is entitled to charge a reasonable fee for the preparation of the offer or the development of a concept, for which Eckhardt Events can charge its usual hourly or daily rates, unless otherwise agreed or lower or higher daily rates are part of the offer. Eckhardt Events is entitled to charge a reasonable fee for the preparation of an offer or the development of a concept, for which Eckhardt Events can charge its usual hourly or daily rates, unless otherwise agreed or lower or higher daily rates are part of the offer.

§4 Prices, remuneration, terms of payment

(1)All prices are net prices excluding VAT and are quoted in euros (€).

(2)All costs listed in a budget plan drawn up by Eckhardt Events are estimates and are based on the current planning status at the time of preparation. Necessary changes for which Eckhardt Events is not responsible remain reserved. All services offered are subject to availability at the time the contract is concluded by Eckhardt Events. If an offered service is no longer available and/or no longer available at the offered price, Eckhardt Events will inform the Client immediately and, if desired, offer a new service in accordance with § 4 paragraph 4.

(3)Unless otherwise agreed, the following are not included in the flat rates and will be charged separately depending on the work involved

a.Travelling expenses,

b. accommodation costs,


d. telecommunication costs.

In the case of multi-day events, the Client shall pay for the accommodation and catering of the Eckhardt Events event team.

Not included in cost lists and offers, unless expressly stated as such, are also

e. Costs for collecting societies,

f. country-specific duties and taxes.

The client undertakes to pay all fees, registration fees, fees for collecting societies, taxes, levies and any permits that may be necessary for the contract, unless otherwise agreed or stated in the calculation/offer.

(4)Additional services (both in terms of content/concept and time) that are not the subject of Eckhardt Events' offer and/or were not known and/or foreseeable to Eckhardt Events when the offer was made or are based on a request from the Client and whose subsequent necessity cannot be attributed to Eckhardt Events are to be remunerated separately. This additional remuneration corresponds (if applicable pro rata) to the agreed remuneration; in the case of additional external services, a handling fee of 15% of the respective external costs (net) will be charged in case of doubt. In any case, the client shall reimburse any additional costs actually incurred. Otherwise, § 14 and § 15 shall apply.

(5) If costs for third-party services are not expressly included in the remuneration for Eckhardt Events, but are incurred in addition, the Client is obliged, in the event that Eckhardt Events must make payments to third parties to fulfil its contractual obligations, to pay these payments to Eckhardt Events before they are due or directly to the third party when they are due. If the Client pays late, he alone is liable for all resulting damages.

Eckhardt Events reserves the right to adjust the terms of payment to the respective terms of payment of the service provider, insofar as these were not already known to Eckhardt Events at the time of calculation.

(6)Eckhardt Events is entitled to invoice each individual service immediately after it has been rendered.

(7)In general, payment is due 10 days after the invoice date, unless a due date has been specifically agreed or determined.

(8)Any bank charges, expenses and other costs incurred for payments from abroad and cheque charges shall be borne by the Client.

(9)Detailed invoices for the provision of services for a project will be prepared by Eckhardt Events as soon as it has received all invoices from the contracted service providers.

(10)Unless otherwise agreed, the agreed remuneration of 100% is to be paid in advance within 14 days of conclusion of the contract. This advance payment is an integral part of the contract. The final invoice for the remaining amount plus any variable costs that may not have been included in the cost overview will be issued following the event and is due within 10 days of the invoice date.

(11)The Client is also obliged to pay the agreed price if the event is cancelled or interrupted or shortened for reasons for which Eckhardt Events is not responsible. This also applies if this is due to the lack of a permit, bad weather, cancellation of an artist, lack of visitor interest or similar, provided Eckhardt Events is not responsible for these reasons. Otherwise, § 14 and § 15 apply.

(12)If the prices on which Eckhardt Events has based the offer or the order confirmation increase, Eckhardt Events may demand an adjustment in accordance with this provision:
a.Eckhardt Events is not responsible for the price increase; and
b.Eckhardt Events proves the price increase, i.e. the difference between the original price and the increased price; and
c.a period of more than four months has elapsed between the conclusion of the contract and the price increase; and
d.Eckhardt Events offers the Client, together with the request for a price increase, to withdraw from the contract. If the Client does not declare cancellation within 10 days of receipt of the request for a price increase, the new price becomes effective.

Special note:
In some countries, there are taxes that cannot be deducted (input tax deduction is not authorised); these are so-called cost taxes. If such taxes increase, the costs also increase, as a tax refund is not possible in such countries.

Against this background, Eckhardt Events is also entitled to increase the costs/prices if a state increases its taxes after the price calculation has been submitted, which are not deductible.

§5 Object of the contract

(1)The client is the organiser, unless expressly agreed otherwise.

(2)The subject matter of the contract results from the individual offer or the service description of Eckhardt Events.

(3)Eckhardt Events may change the agreed services, in particular agreed equipment or parts, and replace them with other, equally suitable equipment or parts, if the change is reasonable for the Client and does not jeopardise the purpose of the contract. This applies in particular if equipment cannot be delivered on time but can be replaced by other comparable and equally suitable equipment.

(4)The documents, drawings, illustrations, technical data and service descriptions contained on the websites of Eckhardt Events, in brochures, circulars, advertisements, price lists or belonging to the offer are non-binding, unless they are expressly designated as binding in the acceptance of the offer by Eckhardt Events.

(5)The subject matter of the order is based on the state of legislation and the state of the art at the time of preparation of the calculation.

(6)All services offered are subject to availability at the time of the conclusion of the contract plus a reasonable processing and confirmation period by Eckhardt Events. If an offered service is no longer available, Eckhardt Events will inform the Client immediately and offer a new service upon request.

§6 Obligations and rights of Eckhardt Events

(1)Insofar as Eckhardt Events acts as a general contractor and concludes contracts in its own name and for its own account, Eckhardt Events is not obliged to disclose these contractual relationships.

(2)Eckhardt Events may withdraw from events for which the Client's participation requires special physical or other aptitudes, even during the duration of the event, insofar as the execution of the contract is impossible for these reasons, or a proper and safe execution appears impossible or jeopardised and the withdrawal is also in the well-understood interest of the Client or the participating third parties. As far as possible and reasonable, Eckhardt Events should first give notice of the defect and give the Client or participant the opportunity to remedy the situation.

(3)Eckhardt Events may replace services with equivalent other services, insofar as this is reasonable for the Client.

§7 Obligations for the Client / Specifications by the Client

(1)The Client shall, at its own expense, grant Eckhardt Events all authorisations necessary for the execution of the contract. At the request of Eckhardt Events, these authorisations will be issued in writing on a separate form.

(2)The Client must provide Eckhardt Events in good time with all information that is essential for the planning and realisation of the event. Corresponding enquiries from Eckhardt Events must be answered immediately.

(3)In the interest of smooth communication, the Client shall appoint a contact person who is responsible for all enquiries from Eckhardt Events and authorised to make decisions; this also applies vice versa for Eckhardt Events.

(4)Insofar as the Client provides a location, content, equipment, a service provider or other contractual partners or property rights (e.g. logos, names, photos, etc.) as binding, Eckhardt Events is not obliged to check these or their services for suitability, reliability or similar, insofar as on the one hand the unsuitability / unreliability / illegality etc. is not obvious and on the other hand the Client is in need of clarification accordingly, or insofar as the examination is not expressly the subject of the order.

(5)If a claim is made against Eckhardt Events by a third party due to a breach of duty or behaviour/omission of the Client, the Client shall indemnify Eckhardt Events against the claim.

(6)If requested by Eckhardt Events, the Client is obliged to name Eckhardt Events in all publications, as far as reasonable and possible.

(7)Insofar as the Client has (also) entered into a rental or loan agreement with Eckhardt Events, the following provisions shall take precedence:
a.The provided, rented or loaned items may only be used by the renter for the contractually agreed purpose and within the contractually agreed time period. The renter guarantees the careful handling of the objects. This does not apply if Eckhardt Events uses the items rented to the Client itself.

b. The renter is fully liable for theft and damage that is outside the scope of contractual use from the time the items arrive or are handed over. This does not apply if Eckhardt Events uses the rental object itself in accordance with the contract.

c. The Lessee undertakes to adequately guard the items at all times. This applies in particular in the event of a hazardous situation (which may arise, for example, from an unguarded or inadequately secure storage location). This does not apply if the guarding is expressly the subject of an order placed with Eckhardt Events.

d. The items are handed over to the tenant in proper condition. For a contract period of more than 24 hours, the renter is obliged to carry out the usual maintenance measures on the items as well as repairs to the items in order to avoid an increasing defect if the items continue to be used. This does not apply if Eckhardt Events uses the rented property itself in accordance with the contract.

§8 Obligations of the client with regard to safety

(1)In the case of participation in or the practice of water sports, the client confirms that he is a swimmer. Non-swimmers are obliged to conclude an individual agreement with the agency.

(2)The client undertakes to ensure that all participants wear weatherproof clothing. The active events will also be carried out in rain, wind etc. as long as there is no danger to the participants.

(3)When travelling in road traffic, sufficient knowledge of road traffic regulations and possession of a valid driving licence are required.

(4)The Client undertakes to follow the safety-related instructions of Eckhardt Events or a representative concerning the event, equipment, venue, etc.. The instructions of the agency also include the notices displayed at the event location. Legal requirements, official or police regulations, specifications and recommendations of the local service provider or other consultants who have the necessary local and contextual knowledge to assess the risk are always decisive.

(5) The client is responsible for the actions and omissions of his guests or participants.

(6) If the Client invites or allows third parties to participate, it is obliged to ensure that these third parties also observe and comply with the requirements stated here.

(7) Eckhardt Events is not obliged to verify sufficient skills, knowledge and licences, unless it becomes apparent that skills, knowledge and licences are not available or Eckhardt Events is expressly instructed to verify them.

§9 Copyrights, advertising rights, references, recording rights

(1)Documents, graphics, lists, drawings and sketches and other items produced by Eckhardt Events remain its property, unless the transfer of ownership is the subject of the contract.

(2)The Copyright Act shall apply to all event concepts, documents, graphics, lists, drawings and sketches created by Eckhardt Events, even if individual parts are not protected by law. In all other respects, event concepts, documents, graphics, lists, drawings and sketches are deemed to be templates within the meaning of §§ 17, 18 UWG.

(3) The client shall acquire the rights of use required for the purpose of the contract upon full payment of the remuneration and costs. Any further use requires the express consent of Eckhardt Events, subject to an additional obligation to pay remuneration.

(4)Within the scope of its order, Eckhardt Events shall only ensure the licensing of the rights of third parties necessary for the order (e.g. licence for the performance at a commissioned music performance). If the client wishes to use third-party works or rights beyond this, he is responsible for obtaining the necessary rights himself (e.g. recording the performance on video and uploading the video on the Internet).

(5) Repeated use by the Client without an equally repeated order to Eckhardt Events shall trigger a corresponding obligation to pay remuneration, unless the repetition is already the subject of the first order and/or has already been adequately compensated with the previous remuneration.

(6) If no contract is concluded between the Client and Eckhardt Events after participation in a presentation or after the creation of a concept, all services remain with Eckhardt Events, in particular any right of use remains solely with Eckhardt Events.

(7) Eckhardt Events is entitled to refer to Eckhardt Events free of charge on all printed materials and in all measures, insofar as this is appropriate and does not obviously conflict with the Client's legitimate interests.

(8) Eckhardt Events is entitled to state the name of the Client and the services provided by Eckhardt Events for the Client as a reference and to advertise with it, unless the Client expressly rejects this for good cause.  

(9) Eckhardt Events is entitled to take photographs and/or video recordings at the event, taking into account the personal rights of the guests, and to use these for reference purposes and its own advertising purposes, unless the Client expressly refuses this for good cause.

§ 10 Confidentiality / Protection of secrets  
(1) The contracting parties mutually agree to maintain absolute confidentiality regarding trade and business secrets, even after the end of the contract.

2. trade and business secrets are understood to be all facts, circumstances and processes relating to a company which are not in the public domain but are only accessible to a limited group of persons and in the non-disclosure of which the legal entity has a legitimate interest. Trade secrets essentially comprise technical knowledge, business secrets primarily concern commercial knowledge.  

3. the client must also impose this confidentiality obligation on its employees, co-operation partners, co-partners and/or co-managing directors.  

4. by way of security and for the purpose of its own enforcement of the contractual penalty claim under this § 10, the Client hereby assigns all claims for contractual penalties and/or damages, insofar as it is entitled to them against employees, co-operation partners, co-partners and co-managing directors, to Eckhardt Events, which hereby accepts this assignment. The Client hereby undertakes to provide all relevant information that may become necessary for legal action if required.

5. if the Contractor breaches any of the obligations assumed by it under this contract, it shall pay an appropriate contractual penalty to be determined by Eckhardt Events at its reasonable discretion for each culpable breach. In the event of a dispute, the appropriateness can be reviewed by the Hamburg district or regional court, depending on the amount of the contractual penalty demanded. This does not affect Eckhardt Events' claims for damages, injunctive relief, removal and information.

6. if a contractual partner is obliged to disclose secrets or confidential documents concerning the other contractual partner by order of a court or administrative authority or due to mandatory legal regulations, he shall immediately inform the other contractual partner of this obligation in writing and disclose only such information that must be disclosed due to the legal obligation and do everything reasonable to ensure that the disclosed information is treated in accordance with this agreement.

§ 11 Data transfer to third parties
The client agrees that personal data of the participants may be transmitted to contractual partners for the fulfilment of the order and for the fulfilment of the contracts, insofar as this is necessary. The client guarantees and vouches for the fact that the participants also agree to this.

§ 12 Indemnification obligation
The Client undertakes to indemnify Eckhardt Events against any costs and claims arising from a claim by third parties, insofar as the claim is not based on a fault of Eckhardt Events itself.

§ 13 Warranty  
(1) The Client must assert and substantiate complaints in writing immediately after Eckhardt Events has provided the service. If an acceptance is required, this is deemed to have taken place if the Client does not refuse this in writing within 14 working days after the service has been provided with specific descriptions of defects.

(2) If there is a defect in the contractual object for which Eckhardt Events is responsible, Eckhardt Events is entitled, at its own discretion, to remedy the defect or provide a replacement. In the event of rectification of the defect, Eckhardt Events shall bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the contractual items have been moved to a location other than the place of performance. If Eckhardt Events is unwilling or unable to remedy the defect or provide a replacement, in particular if this is delayed beyond a reasonable period of time for reasons for which Eckhardt Events is responsible, or if the rectification fails in any other way, the Client is limited to a right of subsequent fulfilment.

(3) The client expressly reserves the right to reduce the price if the subsequent fulfilment fails.  

(4) Otherwise, § 15 shall apply.

§ 14 Force majeure
(1) In the event of force majeure, which leads to a cancellation or interruption of the contract, Eckhardt Events may demand reimbursement or remuneration from the Client for the costs incurred and the services provided up to that point, insofar as Eckhardt Events cannot reasonably utilise the services elsewhere or refrains from utilising them in bad faith.

(2) If a service provider or subcontractor invokes force majeure against Eckhardt Events and does not perform the service owed in the subcontractor relationship due to this invocation, Eckhardt Events is also released from its obligation to perform towards the Client insofar as it owes this (e.g. as a general contractor). Eckhardt Events will endeavour to find suitable replacement services, for which the remuneration will be based on § 4 paragraph 4 in case of doubt, otherwise on the usual remuneration rate of Eckhardt Events.

§ 15 Non-performance of a service provider/subcontractor
(1) Insofar as, outside the cases of § 14, a service provider or subcontractor of Eckhardt Events is unable or unwilling to fulfil the service owed on its part (inability, e.g. overbooking of the hotel) or does not want to (unwillingness, e.g. due to security concerns) and Eckhardt Events can prove, however, that it has carefully selected this service provider or subcontractor and Eckhardt Events would also be culpably responsible for the non-performance of the service provider or subcontractor and, in the event of this unwillingness, Eckhardt Events would also be culpable for the non-performance of the service provider or subcontractor. If Eckhardt Events can prove that it has carefully selected this service provider or subcontractor and Eckhardt Events is also culpable for the non-performance of the service provider or subcontractor and, in the case of unwillingness, this is objectively justifiable or justifiable, Eckhardt Events is released from its performance obligation to the Client, insofar as it owes this (e.g. as general contractor). Eckhardt Events will endeavour to find suitable replacement services. The remuneration and costs are based on the following two paragraphs.

(2) Insofar as services of the service providers or subcontractors cannot be provided outside of force majeure (e.g. overbooking), it is to be assumed in case of doubt for the balancing of the mutual interests of Eckhardt Events and its client that Eckhardt Events will not be remunerated separately or additionally for its efforts to find a replacement.

(3) If the service provider or subcontractor does not wish to provide services, this case is considered force majeure within the meaning of § 14 paragraph 2, if the unwillingness is objectively justifiable and justifiable due to safety concerns for the event or in relation to individual participants. For other cases of unwillingness, § 15 paragraph 2 shall apply.

§ 16 Liability  
(1) In the event of slightly negligent breaches of duty, Eckhardt Events' liability is limited to the average damage foreseeable and typical for the type of contract. This also applies to slightly negligent breaches of duty by legal representatives or vicarious agents of Eckhardt Events.  

(2) Eckhardt Events is not liable for slightly negligent breaches of insignificant contractual obligations.

(3) The above limitations of liability do not apply to claims of the Client arising from product liability. Furthermore, the limitations of liability do not apply in the event of injury to life, body or health of the Client attributable to Eckhardt Events or its legal representatives or vicarious agents.

(4) Eckhardt Events is not liable for errors made by personnel if this personnel is subject to the instructions of the Client or third parties, insofar as Eckhardt Events has in any case selected the personnel sufficiently and the selection was expressly the subject of the order, or if it is the Client's personnel.

§ 17 Termination and cancellation
(1) Eckhardt Events may cancel the contract if cooperation with the Client is no longer reasonable, in particular if

- due payments are not made,

- circumstances arise that were unknown when the contract was concluded, which jeopardise the safety of the event, visitors, participants, contributors or employees.

(2) In cases of the statutory right of cancellation or the statutory right of termination, the corresponding statutory regulations apply with regard to the costs and remuneration of Eckhardt Events. In any case, however, Eckhardt Events must be reimbursed at least for the third-party costs actually incurred up to that point, insofar as the services cannot reasonably be used elsewhere for Eckhardt Events, and the agency services provided up to that point must also be remunerated proportionately in each case, insofar as Eckhardt Events is not responsible for the cancellation or termination.

(3) Insofar as the Client wishes to cancel the contract outside of statutory rights, this is generally possible after consultation with Eckhardt Events; Eckhardt Events may not refuse the cancellation contrary to good faith. In any case of voluntary cancellation, Eckhardt Events may choose to claim the specific costs and remuneration claims incurred or to settle its remuneration with a lump sum. In this case, the following lump sums apply:

a. If the contract is cancelled less than 6 months before the planned event, 30% of the agreed remuneration,

b. 50% of the agreed remuneration if the contract is cancelled less than 4 months before the planned event,

c. If the contract is cancelled less than 2 months before the planned event, 90% of the agreed remuneration,

d. unless otherwise agreed in an individual contract.

In the case of a lump sum, the Client reserves the right to prove that Eckhardt Events has incurred no damage or less damage.  
In any case, the Client must reimburse or pay the actual (cancellation) costs incurred by third parties.

§ 18 Final provisions  
(1) The Client is not entitled to exercise a right of retention against Eckhardt Events due to another claim not arising from this contractual relationship.  

(2) The Client is only entitled to a right of set-off insofar as it is based on the same contractual relationship. In order to safeguard all rights, the Client is obliged to pay the remuneration and costs due into an escrow account in the event of a set-off claim asserted by him, in which the trustee is obliged to pay the collected payments to Eckhardt Events if the set-off claim is legally established or recognised, and to repay them to the Client if the set-off claim is legally established or recognised. The party culpably responsible for the fiduciary administration shall bear the costs of the escrow. If no payment is made to the escrow, it is assumed that there is also no admissible offsetting situation as long as Eckhardt Events does not recognise the claim or the claim has been legally established.

(3) The Client may only assign claims arising from the contractual relationship with Eckhardt Events to third parties with the prior consent of Eckhardt Events.

(4) Should one or more of the above conditions be or become invalid, this shall not affect the validity of the remaining provisions.  

(5) The law of the Federal Republic of Germany shall apply. If there are different language versions of these GTC, the German version shall prevail in case of doubt.

(6) The place of jurisdiction is Hamburg.

Status of the GTC: October 2022

Überseeallee 1
20457 Hamburg, GER

(+49) (0)172 / 451 3995
(+49) (0)40 / 7012 1870

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