General Terms and Conditions
of GK Event Production GmbH
- Validity of these GTC
These terms and conditions apply between GK Event Production GmbH and natural and legal persons (hereinafter referred to as the customer) for the legal transaction in question; in particular sales, rental, material and services, as well as for all future transactions with business customers, even if no express reference is made to them in individual cases, in particular in the case of future supplementary or follow-up orders. The current version of our General Terms and Conditions, available on our homepage www.event-production.at, shall apply at the time the contract is concluded. We contract exclusively on the basis of our GTC. The customer's terms and conditions of business or amendments or supplements require our express written consent in order to be valid. The customer's terms and conditions shall not be recognised even if we do not expressly object to them upon receipt. - Project and rental period
The project or rental period is calculated according to days of use. The lessor reserves the right to adjust the price according to daily availability. The scale of rental prices according to days of use is determined by the lessor and can be presented by the lessor upon request by the customer. The rental period is always calculated in full days and is at least one calendar day. The lessor reserves the right to increase the number of operating days in the event of an above-average number of rolling days; this will also be taken into account in the quotation and order. The rental or project period corresponds to the contract period and is labelled as "project period" in the offer and order. - Offer validity
All offers are, without exception, non-binding. All cost estimates are provided without guarantee and are subject to a charge. Customers are informed of the obligation to pay before the cost estimate is drawn up. The validity of the offer stated in the quotation is generally 14 days and is purely symbolic. The company GK Event Production GmbH feels bound to the offer until this time, but has the possibility to withdraw the offer at any time without giving reasons. - Prices
The prices quoted are not to be understood as all-inclusive prices. For services ordered by the customer that are not covered by the original order, the customer shall be entitled to reasonable remuneration. All prices quoted in the price lists are net (in EURO) plus statutory VAT. - Transport costs
Rental orders are generally ex warehouse Korneuburg (Industriestraße 1, Object O.01, 2100 Korneuburg). All transport costs shall be borne by the customer, unless otherwise contractually agreed in writing. - Parking fees
If the customer does not allow us to deliver directly to the location, including parking, for the duration of unloading, set-up, rehearsals, event, dismantling and loading, we shall be compensated accordingly for the additional expense (time, additional kilometres driven, parking fees, etc.). - Transfer of risk
The risk shall pass to the entrepreneurial customer as soon as we hold the object of purchase or rental ready for collection from the factory or warehouse, deliver it ourselves or hand it over to a carrier. - Insurance of the rented property
The customer undertakes to secure all rented items against damage and loss and to cover them with insurance in the amount of the replacement value or new value and to submit confirmation of this insurance to the hire company on request. - Use of the rented goods
The rental goods and the rented equipment remain the property of the lessor at all times. Subletting to third parties is not permitted. The customer undertakes to handle the equipment with due care and to use it exclusively in accordance with the terms of use. The customer undertakes to follow all maintenance instructions, care and use recommendations of the hire company. The customer must inform us immediately of the opening of bankruptcy proceedings against his assets or the seizure of our reserved goods. In order to assert our retention of title, we are entitled to enter the location of the rented goods after reasonable advance notice, insofar as this is reasonable for the customer. The customer shall bear the necessary and reasonable costs for appropriate legal action. - Guarantee
The provisions of the statutory warranty shall apply. Rectification of a defect claimed by the customer shall not constitute acknowledgement of this defect claimed by the customer. The entrepreneurial customer shall grant us at least two attempts to remedy the defect. If the customer's allegations of defects are unjustified, the customer shall be obliged to reimburse us for any expenses incurred in establishing the absence of defects or rectifying the defect. The customer must always prove that the defect already existed at the time of delivery. - Retention of title (purchase)
The goods delivered, assembled or otherwise handed over by us shall remain our property until the purchase price has been paid in full. A resale is only permitted if we have been notified of this in good time in advance, stating the name and address of the purchaser, and if we agree to the sale in writing. The customer must inform us immediately of the opening of bankruptcy proceedings against his assets or the seizure of our reserved goods. In order to assert our retention of title, we are entitled to enter the location of the goods subject to retention of title after reasonable advance notice, insofar as this is reasonable for the customer. The customer shall bear the necessary and reasonable costs for appropriate legal action. We may realise the goods subject to retention of title taken back from the customer by private contract and at the best possible price. - Liability of the tenant
The customer shall be liable to the lessor for all damage resulting from the use of the rented items not in accordance with the terms and conditions. In the event of total damage to or loss of the rented items, the customer must reimburse the replacement value or new value of the rented items. - Obligations of the customer
The customer is obliged to arrange everything necessary at his own expense to ensure that the work, including agreed preparatory work and preparatory measures, can be started on time and carried out without disruption. This shall be specified by us on a contract-specific basis. For example, we must be granted unrestricted access to the event location for the provision of services. Venues, supplies, structures, ground conditions, load-bearing capacity, etc. must be suitable for the performance of the service. If it subsequently transpires that the aforementioned or the event location needs to be adapted, this shall constitute a change to the contract and the customer shall pay for the additional work required as a result. In particular, the customer must provide all necessary information on the location of concealed electricity, gas, water and similar lines prior to the start of the performance of the service without being requested to do so, as well as information to enable proper execution, such as construction and seating plans, necessary information on the timing of the event including operating times, stage instructions, accident prevention regulations, etc. and any planned changes in this regard must be announced in good time. The customer must inform us of any special dangers and risks at the location (e.g. flooding) - usually as part of a joint inspection of the event location - as soon as possible, but in any case before work commences. The customer must provide us with the name of a contact person who is fully authorised and informed for the purpose of clarifying the fulfilment of the contract (e.g. time when we will be able to complete assembly and dismantling). The customer shall arrange for the necessary third-party authorisations as well as notifications and approvals vis-à-vis authorities, in particular also of a copyright nature, including registration of the event, at its own expense, as well as provide the e-reports and static expert opinions required by the authorities. Rights of use must be obtained by the customer, who shall bear the fees incurred, including AKM fees. When operating video and audio systems, image and sound reproductions used by the tenant may only be made in accordance with the conditions of the respective licence holder. The customer must obtain all necessary authorisations for any desired sound or image recording. The energy and water required for the performance of the service, including trial operation, shall be provided by the customer at the customer's expense. The customer must ensure that sufficiently dimensioned electrical circuits are protected. - Performance execution
We are only obliged to take into account subsequent requests for changes and extensions by the customer if they are necessary for technical reasons in order to fulfil the purpose of the contract. Minor changes to our performance that are reasonable and objectively justified for the customer shall be deemed to have been approved in advance. If we contractually assume responsibility for transport, we may also use third parties for this purpose. Drawings, copies, performance specifications, information on dimensions and weights, agreed assembly and dismantling times, materials used as well as labour and consumables provided by us are only approximations based on our practical experience. In the event of a significant change to our contractual obligations after conclusion of the contract for the purpose of adapting to the customer's requirements (e.g. rehearsal duration beyond the agreed time not caused by us), we shall be entitled to invoice the customer for the necessary additional material and labour costs. If we are unable to remove equipment and materials immediately due to circumstances for which we are not responsible (e.g. due to night-time driving bans), these will be stored temporarily at the event location in a suitable manner at the customer's risk and expense. Likewise, any additional expenses incurred as a result of requested additional services such as the submission of data in non-digitised form or in formats other than those agreed, the necessary and reasonable use of third-party services, expenses for licence management, commissioned testing, research services and legal checks as well as services provided outside business hours shall be remunerated separately. Models, prices and delivery options are subject to change without notice. - Performance deadlines and dates
Deadlines and dates shall be postponed in the event of force majeure, strikes, unforeseeable delays by our suppliers for which we are not responsible or other comparable events beyond our control by the period during which the relevant event continues. If the start of the performance of the service or the performance is delayed or interrupted by circumstances attributable to the customer, performance deadlines shall be extended accordingly and agreed completion dates shall be postponed accordingly. We reserve the right to claim the resulting costs from the customer. - Authorised instructions and decommissioning
We are authorised to shut down or, if necessary, dismantle the system if the weather poses a risk to our equipment and systems or to the physical integrity of persons present. We may also switch off or dismantle the system if the system is endangered by riots or similar risky situations. In the event of a justified shutdown of the system, the entrepreneurial customer waives the right to derive claims for damages. If persons or property are endangered by the system, we are authorised to give instructions to avoid danger. In this case, the customer must also point out possible dangers to third parties. - Our intellectual property
Plans, sketches, cost estimates and other documents provided by us or created by our contribution shall remain our intellectual property. The use of such documents outside the intended use, in particular the passing on, duplication, publication and making available, including copying in extracts only, shall require our express consent. Furthermore, the customer undertakes to maintain confidentiality vis-à-vis third parties with regard to the knowledge gained from the business relationship. - Insurance
Electronic Equipment Insurance The renter may be offered electronic equipment insurance. This is only considered agreed upon if it is listed and priced in the rental agreement. We reserve the right to decline insurance without stating reasons prior to the rental agreement. The insurance will be invoiced at 5% of the rental cost. The renter may decline insurance before the order is confirmed, and in this case, the renter is liable for all damage caused to our equipment. Insurance coverage is available within Austria. The insurance coverage is valid for a total insured amount of €50,000. Regardless of the cause, the insurance does not extend to damage caused by fire, lightning, and explosions of all kinds (including damage caused during firefighting and rescue operations), burglary, theft, and robbery, as well as storm events in accordance with the terms and conditions DV770 and MB900 of the Lower Austrian Insurance Company. The deductible stated in the offer will be charged for each claim, but not less than €300. - Entitlement to performance-related pay
Our claims exist irrespective of the economic success of the event. In the event of delays or premature termination of the service contract due to behaviour for which the customer is responsible, we are entitled to charge the service fee for the entire original contract period. - Agreed right of withdrawal / cancellation fees
The customer is granted the right to withdraw from the contract in writing up to four days before the agreed start of our service provision (only in the case of rental, goods and services) without any special reason. It is not possible to postpone the performance period. If the customer exercises the right of cancellation, 30% of the net fee plus VAT shall be due as compensation to the lessor. The terms of payment and the due date of payment correspond to the terms agreed in the order. If the cancellation is made less than 28 calendar days before the start of the service or rental period, the compensation payment increases to 50%; if less than 7 calendar days, 100% of the total project price is due. - Credit assessment
The customer expressly agrees that his data may be passed on to the state-authorised creditor protection associations exclusively for the purpose of creditor protection. - Payment
GK Event Production GmbH is authorised to demand advance payment or a deposit without giving reasons. This is already stated in the offer. The lessor generally reserves the right to demand an advance payment from a sum of € 1,000.00. Furthermore, the lessor may demand a deposit equal to the value of the rented goods. This deposit will be repaid without interest after the defect-free return of the goods. The authorisation to deduct a discount requires an express written agreement. - Default of payment
In accordance with §456 UGB, we are entitled to charge 9.2 % points above the base interest rate to entrepreneurs as customers if they are in default of payment. We charge consumers an interest rate of 4.0 %. We expressly reserve the right to assert further claims for damages caused by default. If the customer is in default of payment under other contractual relationships with us, we shall be entitled to suspend the fulfilment of our obligations under this contract until the customer has fulfilled them. We shall then also be entitled to declare due all claims for services already rendered from the current business relationship with the customer. If the payment deadline is exceeded, any remuneration granted (rebates, discounts, etc.) shall be forfeited and added to the invoice. For reminders necessary and appropriate for collection, the customer undertakes to pay reminder fees of € 15.00 per reminder in the event of culpable default of payment, insofar as this is in reasonable proportion to the claim being pursued. - Return of the rented goods
The renter undertakes to comply with the return date agreed in the contract. If repair or maintenance work is required for damage attributable to the hirer, the hirer will be charged the rental price for the duration of this work. If the rented goods are returned late, the additional rental price incurred will be charged subsequently. Furthermore, the Lessee shall compensate the Lessor for any additional damage incurred as a result. 24 Final provisions Should individual parts of these GTC be invalid, this shall not affect the validity of the remaining parts. Amendments and additions to the contract and these terms and conditions must be made in writing. For rentals outside the Republic of Austria, Austrian law shall apply in addition to the conditions agreed here. The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the entrepreneurial customer is the court with local jurisdiction for our registered office (Korneuburg).