General Terms and Conditions

Note on the enquiry process

No contract is concluded via this website. The enquiry basket serves solely to compile event modules and to submit an enquiry without obligation. A contract is formed only after an individual quotation has been prepared in accordance with § 2 of these terms.

§ 1 Scope

All offers, deliveries and services of Xtreme relating to the staging of events and the hire of equipment are governed by these General Terms and Conditions.

Additional or deviating provisions require the written form in order to be effective. Fax messages in document-proof form are recognised.

Should individual provisions of these terms or individual points of the contract be invalid, this does not affect the legal validity of the contract. Invalid clauses are replaced by provisions that come closest to the applicable law and to the economic purpose of the contract.

§ 2 Conclusion of contract

Our offers are subject to change without notice. Enquiries made via the website, by e-mail or by telephone do not constitute a binding contractual offer.

A contract is concluded when both parties sign the order. In the case of merchants (Vollkaufleute), this may also take place through written confirmation of the order by the Contractor.

§ 3 Payment terms

Unless otherwise agreed, the agreed price for the services to be rendered by the Contractor is payable in full (100%) at the latest on the day of the event and before the event begins. Early-payment discounts are generally not granted.

If payments are not made at the agreed time, the Contractor reserves the right to withdraw from the contract on account of unilateral non-performance by the Client and to claim damages. The amount of the claim is calculated in each individual case, but amounts at least to the sum of the agreed fee.

In the event of late payment, the Contractor is entitled to charge default interest at the statutory rate.

Set-off is permissible only against claims established with legal effect. A right of retention exists only insofar as the counterclaim is based on the same contractual relationship.

All prices are quoted plus the statutory VAT applicable in each case and plus logistics costs. The decisive rate is the rate of tax in force at the time of delivery or performance.

§ 4 Reservation of changes

The Contractor is entitled to change the agreed contractual services in a manner reasonable for the Client, for example if artists, presenters or individual modules are unavailable, provided that the value of the services is not thereby changed unreasonably to the Client's disadvantage.

The Contractor is free in the artistic design of the programme of an event.

§ 5 Withdrawal by the Contractor

In addition to the right of withdrawal for want of secured payment set out in § 3, the Contractor is entitled to withdraw in the following cases:

— where the Client fails to cooperate sufficiently, so that successful performance of the contract is not possible (see § 7);

— where artists, modules or third-party services are unavailable and adequate replacement cannot be arranged by reasonable means.

As a matter of principle, the Client has no claim to damages in the event of a justified withdrawal. Such a claim may be asserted only in the case of negligence or gross fault on the part of the Contractor and amounts to the level of the agreed fee. The Client reserves the right to demand a reduction of the damages insofar as it proves that no damage or lesser damage has occurred.

§ 6 Withdrawal by the Client (cancellation)

The Client may withdraw from the contract up to the day of the event. The declaration must be made in writing.

In this case the Client is obliged to pay damages including lost profit. Instead of a detailed calculation of the damage, the Contractor is entitled to demand lump-sum compensation:

— on withdrawal after conclusion of the contract up to 14 days before performance: 50% of the fee;

— on withdrawal after conclusion of the contract between 14 and 7 days before performance: 80% of the fee;

— on withdrawal after conclusion of the contract less than 7 days before performance: 100% of the fee, including where the service is not accepted.

The Client reserves the right to demand a reduction of the damages insofar as it proves that no damage, or less damage than the lump sum demanded, has occurred.

§ 7 Conditions of performance and duties to cooperate

Unless expressly agreed otherwise, the Client is obliged to create the conditions necessary for fulfilling the purpose of the contract. These include in particular:

— approval and registration procedures and the fees associated with them, for example towards GEMA or the public order office;

— compliance with official requirements, such as a medical service or the provision of assistants;

— infrastructural conditions such as power and water connections, a sufficiently large, firm, level and load-bearing site area, and unobstructed access to the place of performance;

— free parking spaces for transport and team vehicles (lorries, vans, cars) in the immediate vicinity of the place of performance;

— compliance with the technical preconditions (minimum dimensions, transport and setup conditions) in accordance with the technical and organisational details for the module concerned, which are handed over to the Client by the time the contract is concluded;

— sufficient lighting once darkness falls;

— the safety of the persons carrying out the work, appropriate catering, and securing the equipment against theft or vandalism.

Use of the modules by visitors is at their own risk. In the case of technically caused accidents, the Contractor's liability insurance applies. The Client is liable for fire, theft and damage to property caused by visitors. The Client bears the operational and personal risk for the proper running of the event.

In the event of a culpable breach of contract by the Client, the Contractor is not obliged to set up the hired module and to carry out the event, in particular where the technical conditions are not met. If these obligations are not fulfilled or are fulfilled only in part, the Contractor reserves the right to withdraw from the contract and to claim damages in accordance with § 6.

If the assistants to be provided by the Client are not present, a hire surcharge of €100.00 per assistant is agreed.

§ 8 Intellectual property

Concepts, programme proposals or extracts from them are and remain the intellectual property of Xtreme. Without written permission they may neither be reproduced nor passed on nor used for competitive purposes.

Photographs, designs and brochures are protected by copyright. Their use is permitted only under a written agreement and against payment of a fee. Infringements give rise to claims for damages.

§ 9 Commission agreement

A claim to commission requires a prior written agreement.

§ 10 Safety provision

The Contractor is at all times entitled and obliged to interrupt performance of the contract as soon as there are indications that a hazard of any kind could arise for those involved or for third parties.

This applies in particular in weather conditions that rule out safe operation of the modules, and where the permissible number of participants, size limits or weight limits are exceeded.

§ 11 Team clothing

Unless otherwise agreed, the Contractor's vicarious agents and assistants appear in Xtreme team clothing.

§ 12 Liability and warranty

The Contractor undertakes to perform the contract punctually and smoothly, provided that the necessary conditions have been created by the Client (§ 7). The Client must take out liability insurance which, where applicable, covers damage arising from events.

Liability claims against the Contractor — including against its vicarious agents and assistants — are excluded unless there was intent or gross negligence. Liability for damage resulting from injury to life, body or health and for the breach of essential contractual obligations remains unaffected.

If performance of the contract is impaired or rendered impossible by force majeure, claims for reduction or for damages are excluded. The Contractor is not liable where the failure of the service is attributable to a lack of cooperation by the Client under § 7.

No warranty is given for the success and/or the enjoyment of events. At outdoor events the Client bears the weather risk.

The Client retains the right to subsequent remedy, which it must report to the Contractor during the event, stating the defects precisely. The Contractor has a reasonable period of time in which to provide a remedy. If the Client culpably fails to give such notice, later claims for compensation are excluded.

§ 13 Place of jurisdiction and applicable law

For merchants (Vollkaufleute) and persons who have no general place of jurisdiction in Germany or who have moved it abroad after conclusion of the contract, as well as for passive proceedings, Mönchengladbach is the place of jurisdiction for all disputes arising from this contract.

The legal relations between the contracting parties are governed by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If the contract has been translated into a foreign language, only the German contract text is authoritative in the event of disputes.