General Terms and Conditions

FLIGHT EVENT | ENTERTAINMENT PRODUCTION

§ 1 Scope

1. These general terms and conditions form the basis of and are incorporated into all contractual relationships between FLIGHT Event | Entertainment Production (hereinafter “FLIGHT”) and its contracting parties who receive FLIGHT’s services or hire FLIGHT’s equipment for a fee.
2. These terms apply exclusively. Any differing terms of FLIGHT’s contracting party do not apply.
3. Individually agreed contractual provisions take precedence where they differ from or conflict with these terms.

§ 2 Subject matter

1. The parties agree to cooperate in accordance with their specific individual agreement. They do not intend to establish an employment relationship, and no employment contract is concluded.
2. The service provider is responsible for its own social security contributions and tax matters and indemnifies the client against any related obligations.
3. The service provider remains free to work for other clients.

§ 3 Offers and formation of contract

1. A service contract is formed when the client places an order (offer) and FLIGHT accepts it.
2. FLIGHT accepts the order by issuing written order confirmation. The contents of the order become binding only upon FLIGHT’s acceptance.
3. The subject matter and precise description of the work are set out in the order (offer) and order confirmation.
4. The order (offer) is generally subject to change and non-binding. No personnel or equipment resources are reserved or held available.

§ 4 Written form

The written-form requirement in these terms may also be satisfied by email correspondence and digital signature.

§ 5 Duration and cancellation

1. The contract starts and ends at the times individually agreed in the order (offer).
2. The contract may be terminated by ordinary notice in writing. A period of 60 days before performance is allowed without a cancellation charge.
3. From 60 days before performance, the following cancellation charges apply:
   • Up to 60 days before performance: 14% of the order value.
   • Up to 30 days before performance: 30% of the order value.
   • Up to 14 days before performance: 60% of the order value.
   • Up to 7 days before performance: 100% of the order value.

§ 6 Scope of services and duties of the parties

1. The service provider’s obligations comprise the tasks listed in detail in the client’s order.
2. The service provider will inform the client periodically about the results of its work. The parties may agree a performance schedule and planned completion date.
3. If the service provider is unable to provide a contractually owed service, it must inform the client without delay.
4. Unless otherwise agreed individually, the service provider supplies the equipment and personnel required where the client does not have the necessary equipment or premises. The parties will endeavour, to the best of their knowledge and ability, to assist each other by sharing information, explanations and experience, enabling an efficient workflow.
5. Either party may request changes to the agreed scope in writing. The recipient will assess whether and on what terms the change is feasible and promptly communicate acceptance or rejection in text form, providing reasons where appropriate. If the client’s request requires extensive assessment, the provider may charge the assessment effort after prior notice if the client nevertheless insists on the review. Any necessary contractual adjustments will be recorded in a written change agreement concluded under these terms.

§ 7 Prices and payment

1. Prices are stated in the order (offer) and become binding upon acceptance (order confirmation).
2. Estimated prices for goods and services charged by time or materials, particularly cost estimates, are non-binding. Estimated quantities are based on an assessment of the scope made to the best of the provider’s knowledge.
3. VAT is charged at the rate applicable when the service is performed.
4. Invoices are payable upon receipt without deduction. If payment has not been received within 30 days of the invoice date, FLIGHT may claim default interest at the rate determined by section 288 of the German Civil Code (BGB).

§ 8 Personnel services

1. FLIGHT provides event-technology services, particularly event design, including planning, visualisation, consulting and documentation. Details are agreed in writing.
2. FLIGHT performs the agreed services in close professional coordination with the client and other project participants, while remaining independent in the technical and artistic performance of its services and not subject to instructions. In particular, FLIGHT is not integrated into the client’s work organisation.
3. Personnel services, such as lighting operation, are not tied to specific FLIGHT personnel. Personnel planning is solely FLIGHT’s responsibility. FLIGHT may engage other service providers to fulfil the agreed services; selection and the form of engagement are at FLIGHT’s discretion.
4. The client must supply all documents required for the services in good time. FLIGHT determines the scope and deadlines. If documents are incomplete or deadlines are missed, FLIGHT reserves the right to withdraw from the contract. FLIGHT will review documents received and may refuse performance if they are incomplete or inadequate.
5. The client must provide the following production information no later than 7 days before performance or departure:
   • Performance period
   • Travel information
   • Hotel information
   • CAD plans in VWX and PDF format
   • Accreditation
   • Schedules
6. If the client fails to provide agreed cooperation on time, waiting time incurred by FLIGHT personnel is payable in addition at FLIGHT’s hourly rates.
7. The client must notify FLIGHT of changes to planning or production schedules. Costs caused by missing communication from the client or other project participants will be invoiced additionally to the client.

§ 9 Documents

Documents supplied in connection with an order—including calculations, plans, spreadsheets, drawings, visualisations and images—are provided subject to retention of ownership and copyright. They may not be made available to third parties without FLIGHT’s written consent.

§ 10 Working time

1. Services are charged on a daily-rate basis. One daily rate covers 10 hours: 9 hours of work and 1 hour of breaks.
2. Beyond 10 hours, each additional hour or part thereof is charged at one tenth of the daily rate plus the following surcharge:
   • 11th and 12th hour: 25%.
   • 13th and 14th hour: 50%.
   • From the 15th hour, a further daily rate is added.

§ 11 Travel and accommodation

1. Car travel outside the municipality of Bubenreuth is charged at €0.70 per kilometre.
2. The client provides a parking space for each member of personnel or reimburses parking costs.
3. For flights lasting 4 hours or longer, FLIGHT is entitled to a standard at least equivalent to Lufthansa Premium Economy.
4. For flights lasting 8 hours or longer, FLIGHT is entitled to Business Class.
5. The client bears all necessary travel expenses and associated additional costs, including taxis and public transport.
6. FLIGHT personnel and other service providers engaged by FLIGHT are entitled to single-room accommodation in a hotel of at least an upscale standard (4 stars under the European classification).
7. If the client does not provide accommodation, FLIGHT may arrange a hotel in the category described in paragraph 6 at the client’s expense.
8. For domestic and international travel, FLIGHT’s defined expense allowances are charged to the client.

§ 12 Equipment hire and warranty

1. FLIGHT will make the hired equipment available at its warehouse in Bubenreuth, in a condition suitable for the agreed use, for the agreed hire period. Collection is possible only during business hours or by arrangement.
2. The hirer must immediately inspect the equipment for completeness and defects upon handover and report any defect to FLIGHT without delay. If inspection or notification is omitted, the equipment is deemed approved and free from defects, unless the defect was not identifiable during inspection. A hidden defect discovered later must be reported immediately; otherwise the equipment is also deemed approved in respect of that defect.
3. For an initial defect reported under paragraph 2, FLIGHT may choose replacement, supplementary delivery or repair. If completion or rectification is not possible in time, the hirer may request an appropriate price reduction for the defective or missing items. Where several items are hired, a defect in one item permits termination of the entire contract only if the equipment was hired as an interconnected whole and the defect substantially impairs its overall contractual functionality. Any contributory responsibility of the hirer for the disruption excludes the right to terminate.
4. If the hirer hires technically complex or difficult-to-operate equipment without specialist personnel despite FLIGHT offering and recommending such personnel, FLIGHT is liable for malfunctions only if the hirer proves that no operating error caused or contributed to the defect.
5. Otherwise, warranty claims for defects arising during the hire period while equipment is in the hirer’s care are excluded. Independently of this, the hirer must notify the lessor immediately of defects or precautions required to protect the equipment against unforeseen risks (section 536c BGB).
6. The hirer must obtain any required public-law permits for the intended use in good time and at its own expense. If FLIGHT carries out assembly, evidence of required permits must be provided on request before work starts. FLIGHT gives no guarantee that the intended use will receive approval.

§ 13 Damages

1. All contractual claims for damages by the hirer, including those relating to transport or assembly and those arising from impossibility, non-performance or breach of contract, are excluded. This includes consequential damage, lost profit and other financial loss. Exceptions are claims caused by FLIGHT’s gross negligence or intent and claims arising from the absence of a characteristic expressly guaranteed in writing. Exclusions of FLIGHT’s liability also apply to the personal liability of its employees.
2. The client has contractual or statutory claims for damages only where they result from intentional or grossly negligent breach by FLIGHT, its legal representatives or senior employees. The strict-liability damages claim under section 536a(1) BGB is excluded. FLIGHT is also liable for typical, foreseeable damage caused by a non-senior agent acting intentionally or with gross negligence, or by a negligent breach of essential contractual duties by FLIGHT, its legal representatives or senior employees. These limitations also benefit its legal representatives and senior employees.
3. Liability for damage resulting from injury to life, body or health is unaffected by these limitations.
4. Where FLIGHT engages a third party for transport, the client must first pursue that third party for damages. For this purpose, the client may require assignment of FLIGHT’s claims against the third party to the extent that FLIGHT is liable to the client under paragraphs 1 and 2.
5. The client bears the risk that public-law measures or third-party decisions prevent collection or return of equipment as agreed, prevent delivery or collection where transport is provided by FLIGHT, or prevent related goods and services from being supplied as agreed, unless FLIGHT or a third party engaged by FLIGHT caused the situation.
6. If force majeure affects or prevents fulfilment, claims for price reduction or damages are excluded.
7. No guarantee is given for the success of an event or the audience’s satisfaction with it.
8. Unless otherwise stated below, further claims by the client on any legal basis are excluded, particularly claims for lost profit or other financial loss. This exclusion does not apply where the cause is intent or gross negligence; in that case compensation is limited to foreseeable damage.

§ 14 Hire period

1. The hire period starts on the agreed collection date at FLIGHT’s warehouse and ends on the agreed return date there. Departure from and return to the warehouse determine the period even where FLIGHT provides transport. Collection, delivery and return days, including partial days, therefore count as hire days.

§ 15 Duties of the hirer

1. The equipment must be treated with care. The hirer must maintain it at its own expense. FLIGHT is entitled, but not obliged, to maintain it during the hire period.
2. Equipment may be assembled, operated and dismantled only by competent persons and in accordance with technical requirements. When equipment is hired without personnel, the hirer must ensure ongoing compliance with applicable safety rules, particularly accident-prevention regulations (UVV/BGV) and VDE rules.
3. The hirer must ensure an uninterrupted power supply. It is responsible for failures and damage caused by outages, interruptions or voltage fluctuations, irrespective of fault. The hirer is liable for damage, loss and similar events up to the equipment’s new replacement value. Consumed, defective or lost lamps and other components, including small accessories, must be reimbursed at their new value.

§ 16 Insurance

The hirer must adequately insure the risks generally associated with the equipment, including loss, theft, damage and liability, and provide evidence on request. At the hirer’s express request, FLIGHT will arrange insurance and charge the cost.

§ 17 Third-party rights

The hirer must keep the equipment free of third-party encumbrances, claims, liens and other asserted rights. If equipment is seized or claimed by a third party, the hirer must notify the lessor without delay and provide all necessary documents. The hirer bears the costs, including legal costs, necessary to defend against such interference.

§ 18 Return of equipment

1. Equipment must be returned to FLIGHT’s warehouse in Bubenreuth during business hours, Monday to Friday, 10:00–18:00.
2. Equipment must be returned complete, clean, in proper condition and in good order. FLIGHT reserves the right to inspect it in detail after receipt. Acceptance without immediate objection does not constitute approval of completeness or condition.
3. The agreed hire period must be observed. If this is not possible, the hirer must notify FLIGHT in writing without delay. For every day beyond the return deadline, the full agreed daily charge is payable. FLIGHT reserves the right to claim further damages. If necessary, the daily charge is calculated by dividing the original total price by the originally agreed number of hire days.

§ 19 Long-term hire

1. The following additional provisions apply where the originally agreed hire period exceeds 2 months.
2. The hirer must maintain and repair the equipment.
3. The hirer must independently arrange legally required technical inspections and servicing at its own expense. FLIGHT will provide information about upcoming inspection and servicing dates on request.
4. If equipment is returned without the work required under paragraphs 2 and 3, FLIGHT may perform or commission the necessary work at the hirer’s expense without further reminders or deadlines.
5. These obligations also apply from the point at which an agreed extension makes the total period, calculated from the original hire start, longer than 2 months, or the hirer holds the equipment for more than 2 months for another reason.

§ 20 Allocation of risk

1. If the client provides inadequate technical infrastructure or inadequate coordination or organisation, FLIGHT accepts no liability for the offered service.
2. All technical and organisational prerequisites discussed and defined in advance must be in place.

§ 21 Liability toward third parties

The hirer must incorporate the preceding provisions for FLIGHT’s benefit into its own agreements with third parties, including artists, athletes and spectators, if it has agreed a comparable exclusion for itself or could agree an exclusion for FLIGHT without unreasonable financial disadvantage. If it fails to do so, it must indemnify FLIGHT against the foregoing third-party damages claims, except where FLIGHT is liable to third parties for gross negligence or intent.

§ 22 Governing law and jurisdiction

1. The business relationship is governed exclusively by German law.
2. If the client has no general place of jurisdiction in Germany or another EU member state, FLIGHT’s registered place of business is the exclusive jurisdiction for disputes arising from the contract.

§ 23 Severability

The invalidity of an individual contractual provision does not affect the validity of the remaining provisions.