Stand: 15.10.2023
a: Unless otherwise agreed individually, the following terms apply to all organizational, intermediary, and planning services (including the conceptualization of events, the organization and planning of events and their execution, customer support, and the mediation of third-party services for event implementation) provided between the client (hereinafter referred to as "Customer") and the event agency “Planet Ῐo” Volker Schwingenheuer, Große Burgstraße 59, 23552 Lübeck (hereinafter referred to as "Agency").
b: The Customer's general terms and conditions shall only be binding if expressly accepted in writing by the Agency. Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions and of contracts concluded on the basis thereof shall remain unaffected. An invalid provision shall be replaced by a valid one that comes closest to the intended purpose.
The following definitions apply within the meaning of these terms and conditions:
a: A "Consumer" is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or independent professional activity, as defined in §13 of the German Civil Code (BGB).
b: An "Entrepreneur" under these terms is any natural or legal person or a legally capable partnership acting in the course of its independent professional or commercial activity when concluding a legal transaction, in accordance with §14 BGB.
c: The "Organizer" within the meaning of these terms and conditions is the Customer. As such, the Customer bears full responsibility for the execution of the event, both under public law and civil law.
The Customer is responsible for the conduct and safety of guests, service personnel, and any other persons involved in the event, including compliance with legal obligations and due diligence. The Agency acts solely as an intermediary in this respect.
a: All offers made by the Agency are non-binding and subject to change unless expressly designated as binding.
b: For consulting or planning efforts that exceed an initial free telephone consultation (exceeding 15 minutes), the Customer may be charged. Such services will be billed at an hourly rate as per §8 and communicated clearly in advance.
c: The contract is based on the written offer of the Agency, detailing the specific services and associated fees. Please note that the Agency’s offers are non-binding, subject to availability, and time-limited.
d: By expressly accepting an offer or commissioning services, the Customer submits a binding offer to conclude a contract. The agreement is finalized upon the Agency’s written confirmation. This also applies to additions, amendments, or supplementary agreements.
e: If the Agency does not reject the contract within two weeks following the Customer’s confirmation or commissioning, this shall be deemed acceptance.
f: The actual performance of the commissioned services by the Agency shall be deemed acceptance of the offer. By using the Agency's services, the Customer tacitly accepts the offer and waives the need for a separate declaration of acceptance.
g: If no fee has been stipulated in the written offer under paragraph 1, billing shall be based on the applicable rate schedule of the Agency. The fee includes services for event preparation, planning, and execution.
h: Additional expenses—such as materials, translations, travel costs, expenses, procurement costs, copyright transfers, technical expenses (e.g., photography, prints, tool usage), marketing materials, and printing—will be invoiced separately. This also applies to third-party services such as personnel rental, venue leasing, or market research, depending on effort and necessity.
a: All offers made by the Agency are non-binding and subject to change unless expressly designated as binding.
b: Consulting or planning services exceeding the initial 15-minute telephone consultation may incur charges per §8 and will be communicated before commencement.
c: The scope of contractual services is detailed in the Agency's written offer. Amendments affecting the service scope must be documented in writing.
d: If changes or deviations to specific services are necessary after contract conclusion, the Agency shall notify the Customer without delay. As long as these do not significantly alter the agreed contract content, the Customer is not entitled to terminate the contract. In consultation with the Customer, the Agency may adapt parts of the event execution in deviation from the original service description.
e: If the Agency concludes contracts with third parties for event execution on behalf and with authorization of the Customer, this applies especially to venue rental, catering, and performer agreements.
f: If the planned event cannot be carried out as agreed due to official requirements or legal provisions, this does not affect the validity of the contract. Services shall be adapted or reduced in compliance with legal requirements. The Agency’s fee remains unaffected, and cost savings, if any, will be credited to the Customer.
g: If a third-party provider fails to perform the agreed services, this does not affect the contractual relationship between the Agency and the Customer. The Agency will make reasonable efforts to find a suitable replacement. The Customer may not claim compensation or reimbursement unless the failure is due to gross negligence or intentional misconduct by the Agency.
a: Should the Agency be prevented from fulfilling its obligations properly due to force majeure or foresee such a situation, it shall notify the Customer without delay.
b: "Force majeure" refers to any event or circumstance that prevents or hinders a party from fulfilling one or more of its contractual obligations, provided that such obstacle lies beyond its reasonable control, was unforeseeable at the time of contract conclusion, and could not have been reasonably avoided or overcome. Examples include war (declared or undeclared), hostilities, invasions, acts of foreign enemies, large-scale military mobilization, civil war, insurrections, rebellions, revolutions, military or usurped power, riots, terrorist acts, sabotage or piracy, currency and trade restrictions, embargoes, lawful or unlawful acts of authorities, expropriation, confiscation, state seizure, epidemics, pandemics, natural disasters or extreme natural events, explosions, fires, destruction of equipment, prolonged failures in transportation, telecommunications, information systems or power supply, and general labor disturbances such as boycotts, strikes, lockouts, or factory and site occupations.
a: If the Agency temporarily provides the Customer with specific items under the contract, a rental agreement shall be deemed to exist. The rental period starts—unless otherwise specified in the contract—with the beginning of the event, including setup, and ends with the conclusion of the event, including dismantling. The rental relationship is governed by the provisions of the German Civil Code (BGB). The Customer is liable for loss or damage to the rented items. The rental fee is included in the contractually agreed compensation unless otherwise stated.
b: Rented items must be returned on time. In case of delays, the Agency reserves the right to charge downtime costs equivalent to the daily rental rate and claim additional damages. The Customer agrees to return the items in the condition they were received. They are liable for any damage or soiling attributable to them during the rental period.
c: The Agency is obliged to provide the items specified in the contract (of average quality and condition) in time for the rental period. If the agreed items are unavailable, the Agency shall provide equivalent or superior alternatives.
d: All information about rented items in brochures, directories, or other materials—particularly technical specifications, performance features, or usage capabilities—shall be considered non-binding unless confirmed in writing by the Agency. The Agency does not warrant the accuracy of manufacturer statements.
e: Subleasing or transfer of the rented items to third parties, or their transportation and operation outside of Germany, is prohibited without written consent from the Agency. The Customer shall be fully liable for any damages arising from a breach of this provision.
a: The Customer is obliged to provide all required information in due time to enable proper order processing. If delays or damages arise due to a breach of these duties, the Customer shall be liable if at fault.
b: The Customer guarantees that all submitted information is accurate and complete. Any changes to their personal data or essential contract-related information must be reported to the Agency in writing without delay.
c: As the event organizer, the Customer is solely responsible for obtaining all required official permits and ensuring legal compliance. All approvals must be secured before the event is planned and executed by the Agency. The Agency is not obligated to take over such duties unless expressly agreed in writing.
d: The Customer is solely liable to guests, staff, and other participants for hazards or damages arising during the event, unless such risks or damages are attributable to the Agency through a contractual obligation.
e: It is strongly recommended that the Customer obtain appropriate insurance coverage tailored to the event’s specific risks. The Agency is not responsible for such coverage unless otherwise agreed.
f: The production of photographs, video, or audio recordings of events beyond private use requires the Agency’s permission—especially where third-party performers are involved. Any recordings for television, radio, or institutional use require prior written consent and unauthorized use will be prosecuted under civil and criminal law.
g: The Customer consents to the Agency using selected event photographs and the Customer’s logo for reference purposes.
a: The Agency charges an hourly rate of €36 plus statutory VAT for planning and consulting services.
b: Billing occurs in 15-minute increments. The initial telephone consultation (up to 15 minutes) is free of charge.
c: Individual flat-rate packages may be agreed in advance and require written confirmation.
d: The agreed compensation is due immediately upon contract conclusion as specified in the invoice. Deductions are not permitted. In case of default, statutory default interest will apply.
e: Unless otherwise agreed, payment shall be staggered as follows: – 30% of the total fee upon contract signing – 40% upon submission of the initial draft or concept – 30% upon completion and acceptance of services by the Customer.
f: If the Customer is in default of payment, the Agency reserves the right to withhold further services.
a: All of the Agency’s services, particularly creative works [...]
b: Usage for own purposes is only permitted when a contractual relationship exists.
c: Repeated usage requires express consent.
d: The Customer confirms that digital media provided is free of third-party rights [...].
a: The Customer may terminate the contractual relationship with the Agency. In case of termination, the Agency is entitled to payment for services already rendered.
b: Expenses for venue and technical equipment rental, as well as similar costs, remain payable if already incurred.
c: The Customer also bears costs arising from termination where third-party contracts can no longer be cancelled free of charge.
d: In case of termination up to two months before the event: 50% of the fee is due. Up to four weeks before: 75%. Thereafter: 100%.
e: The Customer may prove that no or only minor damage has occurred.
f: Termination must be submitted in writing. The date of receipt by the Agency shall be decisive.
g: The right to extraordinary termination remains unaffected.
a: The Agency undertakes diligent preparation and careful selection of service providers.
b: Complaints must be reported in writing no later than three working days after performance.
c: Claims for damages are excluded unless caused by intent or gross negligence.
a: The Agency is liable without limitation for intent, gross negligence, injury to life or health, and under the Product Liability Act.
b: For simple negligence, liability is limited to typical and foreseeable damages.
c: All other liability is excluded.
a: The Agency is responsible for processing your data in accordance with GDPR Art. 4(7).
b: You consent to the storage and processing of your data for contractual purposes.
c: You have the right to access, correction, deletion, restriction, notification, and data portability.
d: You may withdraw consent or object at any time.
e: You may object to data processing for advertising purposes at any time.
German law shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded.
The place of jurisdiction is Lübeck, if the Customer is a business entity.
In case of discrepancies, the original German version shall prevail.