General Terms and Conditions
1. Scope of application
The following terms and conditions apply to all contracts concluded between M2RW GmbH and the customer (hereinafter: GTC), unless the customer objects. The objection must be identified as such and asserted separately to the contractor. If no objection is made, the exclusive validity of the Terms and Conditions shall be recognized.
2. Contractual partner
M2RW GmbH (hereinafter referred to as Spielgestalter)
CEO: Markus Rüse
3. Conclusion of contract (updated on 15.03.2020 due to the Corona outbreak)
Orders may be placed by the customer verbally, in writing, by telephone or by e-mail. The order can be withdrawn as long as the game designers have not yet issued an order confirmation, or up to 20 working days before the start of the event (with the explicit exception of the following event formats: Rafting, raft building, Orchestrate and Big Picture). If the order placement has not been withdrawn up to 20 working days before the start of the event, the contract shall be concluded by the confirmation of the order by the game designers, provided that the confirmation corresponds to the content of the order placement. Otherwise, the confirmation shall be accompanied by a new offer, which the customer may accept within the option period to be found therein in order to bring about the conclusion of the contract. A postponement of the event is possible free of charge up to 20 working days before the start of the event if the game designers still have corresponding capacities available to hold the event on the desired alternative date. If the game designers do not have any free capacity on the desired alternative date, the game designers will offer at least two alternative dates that are either on the same working day at a similar time or in the same calendar week (with the explicit exception of the following event formats: Rafting, raft building, Orchestrate and Big Picture). The text of the contract is not saved by the game organizers after conclusion of the contract.
4. Prices and terms of payment
The price list of Spielgestalter, which can be requested by the customer, or the individual agreement set out in the order confirmation shall be solely decisive for pricing. In addition, for all fee-based services, a flat rate of 3% of the fee-based services for e.g. printouts, travel costs, telecommunications, material for samples, handouts, data carriers and the archiving of your data on our servers will be charged. All prices are net prices (plus statutory VAT) and, where applicable, advance booking and processing fees. The amount is payable without deductions.
5. Cancellation, withdrawal
The contract can only be terminated by mutual agreement between the game designers and the customer. If an agreement cannot be reached, the customer must pay the agreed remuneration irrespective of the use of the game designers’ services. Special conditions apply during the Corona crisis:
5.1 The customer may cancel a booked face-to-face event free of charge up to 20 working days before the start of the event without giving reasons.
5.2 Cancellation of a booked face-to-face event by the customer from 20 working days before the start of the event is only possible free of charge if, due to a tightening of the measures by the Corona Protection Ordinance of the respective federal state, it is not permissible to hold the event at the desired time.
5.3 Cancellation by the customer free of charge from the 20th working day before the start of the event is not possible without a tightening of the measures by the Corona Protection Ordinance of the respective federal state. Instead, the game designers offer the option of rebooking the face-to-face event to a virtual event free of charge from the 20th working day until the 5th working day before the start of the event – taking into account the number of people originally booked and the date of the event. In this case, the game designers will charge the costs for the virtual event.
A rebooking from the 4th day before the start of the event is only possible after consultation with the game organizers.
If the customer does not take the opportunity of an alternative event in digital form, point 5.4 shall apply.
5.4 If the customer cancels a booked face-to-face event from 20 working days before the start of the event, which is not required due to a tightening of the measures by the Corona Protection Ordinance of the respective federal state, the game designers will invoice the event in full. 70% of this invoice can be used as a credit note for a later booking.
6 Termination for good cause
The contract may be terminated by the game designers and the customer at any time for good cause without notice. The contract may be terminated by the customer for good cause in the following cases: impossibility of contract fulfillment due to force majeure or other circumstances for which the game designers are not responsible, non-performance of a due service by the customer, improper use of provided items, provision of incorrect or incomplete data, documents, information, etc., which are necessary for the execution of the agreed service by the customer, violations of existing usage and/or house rules, endangering the smooth operation of the business, the security or the reputation of the game designers, without this being attributable to the game designers. In the event of justified termination, any claim by the game designers for compensation for damages incurred by them remains unaffected.
The customer’s personal data is transmitted to the game designers when a contract is concluded. This data is then processed and stored in accordance with the statutory provisions of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The data will not be passed on to third parties other than the companies involved in processing the contract. The data will be deleted as soon as it is no longer required for billing purposes. The customer has the right to receive information free of charge about the personal data stored about him. The customer has the right to revoke his consent to the storage of his data at any time with effect for the future at the address given in No. 2 of these GTC.
8. further provisions
Amendments or additions to the contract, the acceptance of the application or these GTC for the conclusion of the contract must be made in writing. Unilateral amendments or additions by the customer are invalid. The ineffectiveness of individual provisions shall not result in the ineffectiveness of the entire GTC. The entire legal and contractual relationship between the game designer and the customer, who does not have a general place of residence or business in Germany, shall be governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. The customer’s place of residence is decisive for actions brought by Spielgestalter against the customer, unless the action is directed against merchants or persons whose place of residence or habitual abode is abroad. In these cases, the registered office of the game designer is decisive.
9. realization of events
In the area of event implementation, the game designers provide goods and services that are necessary for the implementation of the commissioned event. The scope of services is set out in the order confirmation. Unless otherwise agreed, the game designers are free to design the event, the program and the performances in accordance with the agreed schedule and are not subject to any instructions. The Spielgestalter are entitled to commission external services in the name and for the account of the customer.
50% of the agreed remuneration shall be due when the order confirmation is issued, 25% at the start of the event and 25% after the end of the event. Until the remuneration has been paid in full, the Spielgestalter may demand appropriate security for the service. The following event format is explicitly excluded from this: Orchestrate. For this format, 100% of the agreed remuneration is due upon order confirmation. For new customers, 100% of the remuneration is due when the order confirmation is issued.
When engaging artists via the Spielgestalter, an artists’ social security contribution must be paid to the Künstlersozialkasse in accordance with the rates set by the Künstlersozialkasse, which will be invoiced to the customer. In the case of existing registration and approval obligations to GEMA (Society for Musical Performing and Mechanical Reproduction Rights), any fees incurred will be charged to the customer.
All expenses and disbursements incurred by the game designers as agreed or for which the customer is responsible and which cannot be allocated to a service description in the order confirmation or which go beyond the service description (in particular as a result of changes to the program or schedule) shall be invoiced according to actual expenditure. The customer may demand proof of the costs incurred.
For damage to persons or property caused by employees or agents of the Spielgestalter, the Spielgestalter shall only be held liable for negligent or intentional acts, unless otherwise stipulated by mandatory statutory provisions. The game designers accept no liability for objects brought into the event area. Liability for the services of external contractors is also excluded, insofar as this does not conflict with statutory provisions. The customer bears the operational and personal risk for the proper execution of the event. This also applies in full to the liability for the safety of the game designers’ representatives and equipment. The game designers accept no liability for damages of any kind caused by the customer or visitors. In the event of culpable non-fulfillment of the contract or culpable breach of contract by the game designers, the latter shall only be liable up to a maximum of the agreed fee.
If the performance of the event is prevented in whole or in part for reasons for which the customer is responsible, the game designers shall retain the right to the agreed remuneration, taking into account what can be saved by being released from the service and by using their labor elsewhere. If the game designers are prevented from providing the service due to force majeure, all claims arising from this contract shall lapse. The Spielgestalter will notify the customer of the reasons for the hindrance immediately after becoming aware of it and provide evidence upon request.
The statutory warranty provisions apply with the proviso that the customer is obliged to notify the game designers immediately if defects are discovered.
If property rights arise through the provision of services in the form of the contractual performance of the event, these remain with the Spielgestaltern. Unless otherwise agreed, the customer does not acquire any rights of use to them.
10 Event photos
The event photos taken by the Spielgestalter may be published on the Spielgestalter website, in social networks or on other media for the Spielgestalter’s own advertising purposes. Any participants in the Spielgestalter’s event who are pictured give their consent to the Spielgestalter in accordance with § 22 KunstUrhG.