General Terms and Conditions | Prophonic e.K.

Rental / Events and Installations

The general terms and conditions are divided into general conditions (A.) and special conditions for the respective contract types (B. – D.)
The special terms and conditions apply in addition to the general terms and conditions.

1. validity of the general terms and conditions

These General Terms and Conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). These General Terms and Conditions apply exclusively. Deviating or conflicting conditions are not recognised by Prophonic e.K., unless Prophonic e.K. has expressly agreed to them in writing. By placing orders, the customer recognises these terms and conditions, even if his general terms and conditions should conflict with these terms and conditions. These terms and conditions also apply to all future contracts between the parties, without the need for a new reference to the terms and conditions. If the contract concluded between the parties contains components of different types of contract, the relevant provision of this contract shall apply to the relevant component of the contract. If, for example, there is a combined rental and work contract, the provisions of C. of this contract shall apply to the rental part and the provisions of D. of this contract shall apply to the work contract part. The provisions of the corresponding contract type are therefore applicable to each service. If the provisions should conflict, the provisions of the contract type that forms the legal or economic centre of gravity shall apply.

2 Payment/offsetting/right of retention/assignment/cancellation

2a. Invoices from Prophonic e.K., unless otherwise agreed, are due no later than 14 days after the invoice date and are to be paid strictly net without deduction. For orders from EUR 2500.- net order value, a deposit can also be included. This is listed separately in the respective order confirmation and serves as security for the reservation of material, personnel and vehicles. In the event of non-compliance, we reserve the right to withdraw from the contract. In the event of late payment after the due date, we shall charge 11% interest on arrears p.a. and a processing fee of EUR 15 per reminder. Subsequent events can only be organised if all outstanding items from previous orders have been settled in full.

2b. Only undisputed or legally established claims shall entitle the customer to offset or withhold payment.

2c. Prophonic e.K. is entitled to assign its claims from the existing business relationship.

2d. Cancellations on the part of the organiser

If the event is cancelled by the organiser at short notice after order confirmation/contract conclusion, a cancellation fee will be due, as Prophonic e.K. has reserved the event dates, technology and personnel for you and cannot usually deploy them elsewhere at short notice.

We charge the following cancellation fees for processing personnel and material reservations:

– Cancellation free of charge up to 2 weeks before the event
– 2 to 1 weeks before the event 30% of the order amount
– 1 to 0 weeks before the event 50% of the order amount

Should the event take place at a later date, Prophonic e.K. will endeavour to credit the amount to the next event date as a gesture of goodwill if it is 1:1 the same event.

3 Liability of Prophonic e.K.

3a. For personal injury (injury to life, body, health) resulting from a negligent or intentional breach of duty by Prophonic e.K. its legal representatives or vicarious agents, Prophonic e.K. is liable to a maximum of EUR 1,000,000.

3b. For property damage and financial loss resulting from a negligent or intentional breach of essential contractual obligations of Prophonic e.K. its legal representatives or vicarious agents, Prophonic e.K. is liable limited to the foreseeable damage typical for the contract, but limited to a maximum of the amount covered by the liability insurance of Prophonic e.K. in the amount of EUR 1,000,000.00 for property damage and EUR 500,000.00 for financial losses. Essential contractual obligations are those that protect the customer’s essential contractual positions, i.e. those that the contract has to grant him, whose fulfilment makes the execution of the contract possible in the first place and on whose compliance the customer may rely. The claim for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.

3c. Prophonic e.K. is liable for other property damage and financial losses resulting from a grossly negligent or intentional breach of duty by Prophonic e.K., its legal representatives or vicarious agents. its legal representatives or vicarious agents, Prophonic e.K. is liable limited to the coverage of the liability insurance in the amount of EUR 1,000,000.00 for property damage and EUR 500,000.00 for financial losses.

3d. Otherwise, the liability of Prophonic e.K. is excluded. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. The limitation of liability also does not apply if Prophonic e.K. has fraudulently concealed a defect or has exceptionally assumed a quality or durability guarantee or a procurement risk.

4. sales tax

Should Prophonic e.K. mistakenly treat a turnover as non-taxable or tax-free, although the turnover is subject to sales tax, Prophonic e.K. can also subsequently demand the actual sales tax from the customer as soon as Prophonic e.K. has issued a corrected invoice.

5. travelling expenses

Travel costs and expenses incurred by Prophonic e.K. in connection with the execution of the contract are to be reimbursed separately by the customer.

6. no offsetting of the contractual penalty

An agreed contractual penalty will not be offset against existing claims for damages by Prophonic e.K..

7. copyright protection

Prophonic e.K. undertakes to grant the customer, limited to the term of the contract, simple rights of use to all property rights in accordance with the provisions and purpose of the contract, which arise with the provision of the contractual service, in particular copyrights or neighbouring rights or industrial property rights to the technical concept offered, artistic or technical drawings or graphics (such as lighting concept, sound concept and arrangement of the sound system), text parts, photographic works or photographic images or data collections. The customer is only permitted to use the works or protected objects protected by copyright or other property rights beyond the immediate purpose of the contract if Prophonic e.K. has given its written consent. In particular, the customer is not permitted to pass on, publish, reproduce or edit the offered technology concept to third parties without the written consent of Prophonic e.K.. For each case of culpable infringement, the customer undertakes to pay a contractual penalty of EUR 4,000.00 to Prophonic e.K.. The right of Prophonic e.K. to claim higher damages remains unaffected.

8. severability clause, place of jurisdiction, applicable law

8a. Should individual provisions of this contract violate mandatory law in whole or in part or be void or ineffective for other reasons, the validity of the remaining provisions shall remain unaffected. Invalid or ineffective provisions shall be replaced by provisions that come closest to the intended economic purpose.

8b. For all disputes arising from or in connection with the contractual relationship, the court at the registered office of Prophonic e.K. is responsible. The registered office of Prophonic e.K. is in 22761 Hamburg.

8c. The law of the Federal Republic of Germany applies. The contract language is German.

The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.

Additional terms and conditions for work contracts and conditions for services / service orders

1. offers and documents

a. Offers, calculations, plans, drawings or comparable documents may not be reproduced, modified or made accessible to third parties by the customer without the consent of Prophonic e.K.. If a contract is not concluded, the documents including copies must be returned to Prophonic e.K. immediately. Corresponding digital documents must be permanently deleted from all drives and storage media.

b. Official or other authorisations required for the execution of the contract are to be procured by the customer and made available to Prophonic e.K., unless otherwise agreed.

2. unjustified complaints

If Prophonic e.K. complies with a request of the customer to remedy the defect and the customer does not grant access to the object at the agreed time or it turns out that a defect in the performance of Prophonic e.K. objectively does not exist, the customer has to reimburse the expenses of Prophonic e.K.. In the absence of an agreement, the usual local rates apply.

3. Suitable installation site

Prophonic e.K. is not obliged to check the suitability of the installation site prior to the execution of the contract. Prophonic e.K. therefore owes the provision of the service at a usual installation site without any difficulties. The customer must ensure the suitability of the construction site for materials to be set up, erected or assembled by Prophonic e.K.. If the assembly is delayed due to circumstances for which Prophonic e.K. is not responsible, the customer shall bear the additional costs incurred (e.g. waiting times, additional travelling of personnel, etc.).

4 Subcontractors

Prophonic e.K. is permitted to commission subcontractors with the provision of services.

5 Authorisation to represent

The technicians are not authorised to represent.

6. access to the property

The customer must ensure that the technician(s) have access to the property on the execution date; otherwise he must reimburse the additional expenses incurred.

Vii. The customer’s warranty rights are initially limited to rectification of defects.

If a reasonable number of attempts at rectification fail, the customer shall be entitled to the statutory rights, in particular the right to a reduction in price and cancellation of the contract. The above sentence does not apply if Prophonic e.K. refuses the rectification without justification or unreasonably delays it, in which case the customer is immediately entitled to the statutory rights.