General terms and conditions of business
Terms and Conditions

General Terms and Conditions (GTC)

 

§ 1 Scope of Application, Trademark Notice and Contractual Partner

1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts, services, concepts and offers of Q PRODUCTIONS.

2. Q PRODUCTIONS is not a separate legal entity, but a registered trademark of:
   CAEI Consulting & Agency for Educational Institutions Limited
   Coliemore House, 1 Coliemore Road, Dalkey, Co. Dublin, A96 A8D5, Ireland, E-mail: info@caei-group.com | Director: Ines Schmidt, Registry entry: Companies Registration Office (CRO) Dublin, Ireland | Registration number: 817926 (hereinafter referred to as the "Agency").

3. These terms and conditions apply both to consumers (§ 13 BGB) and to entrepreneurs (§ 14 BGB). Deviating conditions of the customer will not be recognized.

 

§ 2 Object of service and worldwide radius of action

1. The subject of the contract is the conception, planning, organization, support and management of worldwide events and events.

2. Due to the worldwide radius of action, the customer is obliged to check and comply with country-specific entry requirements, visa regulations, customs regulations and health requirements (e.g. vaccinations) for himself and his participants under his own direction and at his own expense.

 

§ 3 Contracts with third parties and exclusion of brokerage liability

1. When booking third-party services (e.g. locations, caterers, artists, transport companies, technical service providers), the Agency acts primarily as an intermediary in the name and for the account of the Client, unless expressly agreed otherwise in writing.

2. Disclaimer for subcontractors/third-party service providers: The Agency is not liable for breaches of duty, delays in performance, poor performance, defects or complete failure of services provided by these third-party providers (subcontractors). The Client indemnifies the Agency against all claims resulting from the conduct or services of these third parties. The customer must adhere directly to the respective service provider.

 

§ 4 Comprehensive Exclusion of Liability and Risk Distribution

1. General limitation of liability: The Agency is liable without limitation only for damages resulting from injury to life, limb or health that are based on an intentional or negligent breach of duty by the Agency, as well as for other damages that are based on intent or gross negligence. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Any further liability is excluded.

2. Exclusion in case of force majeure and natural hazards: The Agency is not liable under any circumstances for damages, delays, program changes or cancellation of the event caused by natural disasters, severe weather (e.g. storm, hail, flood), fire, water damage, earthquakes or other unforeseeable natural events.

3. Exclusion in case of terror, violence and strike: The agency accepts no liability for damages or cancellations caused by acts of terrorism, terror warnings, war, civil unrest, political strikes, lockouts, official orders or epidemics/pandemics.

4. Accidents and health risks: Participation in the events managed by the agency is at the customer's own risk. The Agency is not liable for accidents, injuries, illnesses or consequential health damage of the participants during the event, unless these were directly caused by gross negligence on the part of the Agency.

5. Customer's obligation to cooperate and insurance: The customer is obliged to take out sufficient organizer liability insurance for the event and, if applicable, event cancellation insurance that covers the above-mentioned risks. The agency may require proof of these insurances before the start of the event.

 

§ 5 Cancellation and postponement (force majeure)

1. If the implementation of the worldwide event becomes impossible or unreasonable due to an event of force majeure (§ 4 paras. 2 and 3), both parties are entitled to terminate the contract.

2. In the event of such a refusal, the agency is entitled to remuneration for the planning services provided up to that point. Non-refundable advance payments already paid to third-party service providers are to be borne in full by the customer.

 

§ 6 Remuneration and International Terms of Payment

1. All prices are in Euro (EUR) or the currency agreed in the individual contract, plus the applicable statutory value added tax, if applicable.

2. Due to global planning and the associated often non-refundable advance payments to international service providers (e.g. hotels, airlines, locations), the following advance payment scales apply – unless explicitly stipulated otherwise in the individual contract:

   • 30% of the agreed total fee directly at the conclusion of the contract / placing of the order.

   • 40% of the agreed total fee no later than 90 days before the planned start of the event.

   • 30 % (remaining amount) of the agreed total fee plus any additional services after invoicing directly after the event has taken place.

3. Invoices from the Agency are due for payment immediately upon receipt without deduction. If the Client is in default of payment, the Agency shall be entitled to temporarily suspend the further provision of services and planning or to withdraw from the contract after setting a deadline without success.

 

§ 7 Cancellation and termination by the customer

If the customer withdraws from the contract or individual parts of the event through no fault of the agency or cancels the event, the agency is entitled to reimbursement of the expenses already incurred, the planning services already provided and the loss of profit. The cancellation costs of the agency fee are staggered as follows:

• In case of cancellation up to 90 days before the start of the event: 30% of the agreed total fee.

• In case of cancellation from 89 to 30 days before the start of the event: 60% of the agreed total fee.

• In case of cancellation from 29 to 14 days before the start of the event: 85% of the agreed total fee.

• In the event of less than 14 days before the start of the event or in the event  of no-show/non-performance: 100% of the agreed total fee.

• Reimbursement of third-party services: Regardless of the above cancellation rates for the agency fee, the customer must assume 100% of all costs, fees and cancellation penalties that are invoiced to the agency by international third-party service providers (e.g. hotels, airlines, visa agencies, local partners) for bookings already made or bindingly reserved and can no longer be cancelled free of charge.

 

§ 8 Final Provisions, Place of Jurisdiction and Applicable Law

1. The laws of the Republic of Ireland shall apply to the contracts between the Client and the Agency, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers (B2C), the law of the country in which the consumer has his or her habitual residence remains unaffected, insofar as mandatory consumer protection laws so require.

2. If the customer is a merchant, a legal entity under public law or does not have a general place of jurisdiction in the EU, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the company in Dublin, Ireland.