airplane

General Terms of Business

Here you will find the full details of our terms and conditions.

General Terms of Business
of MR Congress & Incentive GmbH

PART 1

regarding Agreements between MR and merchants (as defined in Commercial Code HGB §1 et seq.) for hotel room rentals.

1. Contract formation

Upon request of Client, MR Congress & Incentive GmbH (hereinafter: “MR”) will make a written offer. The Agreement is formed upon MR’s receipt of Client’s written confirmation of MR’s offer. Client’s general terms of business will only apply to the Agreement between MR and Client, if MR expressly agrees to them in writing.

2. Services and fees

a) MR will procure the hotel room(s) booked by Client, and provide access to and use thereof.

b) Client will pay the agreed fees for the procurement of booked hotel room(s)including fees for additional services (such as food and beverages) to MR. MR may require payment of the entire agreed fees from Client prior to providing access to and use of the booked hotel room(s). The terms of payment, i.e. the times and amounts of payment of any installments of the agreed fees will be included in the Agreement.

c) MR will engage the services of hotels in order to fulfill its duties under the Agreement with Client. However, this will not affect the rights and duties of MR and Client under the Agreement in any way.

d) In case of any changes in price by the booked hotel(s) and/or changes in the applicable VAT rate, MR may adjust the agreed-upon fees accordingly. MR will notify Client of any expected changes in fees immediately. Should any such changes result in an increase of the total fees of more than 5% within the calendar year of the date of booking, Client may cancel the Agreement.

e) MR will make all reasonable efforts to ensure that the hotel room(s) which MR has booked on behalf of Client will be provided by the hotel. However, should the booked room(s) not be made available as agreed by the hotel (because of overbooking or other reasons), MR will notify Client immediately. In this case, MR will offer Client comparable quarters in a hotel of the same category as the booked hotel and in vicinity of same, and thereby complying with its contractual obligations under the Agreement. Specific performance and damages resulting from MR’s offering alternative quarters are excluded.

f) Client is not entitled to withhold payments under the Agreement to the extent Client asserts own claims against MR, unless such claims are either undisputed or have been judicially determined.

3. Cancellation by Client

If under the terms of the Agreement, Client may cancel same, MR is entitled to a non-itemized lump sum compensation for costs and preparations incurred and services rendered.

Such compensation shall be a certain percentage of the total agreed fees and shall be calculated considering the proximity in time of Client’s cancellation to the date the rooms are to be provided. The respective amounts of compensation will be specified in the Agreement.

4. Repudiation by MR

MR may repudiate the Agreement, if Client fails to make the agreed payments referenced in Section 2 b) above, upon reasonable notice by MR, effective at the end of the notice period, if Client has not made payment within the time specified, without any further obligations.

MR may also repudiate the Agreement if Client has booked the hotel rooms by making false or misleading representations regarding his/her person or the purpose of use of the hotel room(s), or if MR has reason to believe that Client’s use of the hotel room(s) will cause disruptions in the hotel’s regular course of business.

5. MR’s liability

MR’s liability for damages resulting from its negligent breach of contract, or the negligence of its agents, sub-contractors, or third-party suppliers is limited as follows:

In case of impossibility or impracticability of procurement of booked hotel room(s), due to reasons that lie within the responsibility of the booked hotel, Client’s rights and remedies are limited to alternative lodging described in Section 2 e) above. Any further liability is excluded.

In particular, MR does not assume any liability for unforeseeable and consequential damages and such damages, that are caused by negligent breach of non-principal duties under the Agreement between MR and Client, or negligence during contract formation.

The aforementioned exclusions and limitations do not apply to damages caused by gross negligence or intention, neither do they apply to claims for damages resulting from injuries to Client’s life, body or health.

Any claims against MR requiring Client’s knowledge or notice, will be precluded after one year from the date the statute starts running under Civil Code (BGB) Section 199 (1); any other claims will be precluded after 5 years. This limitation does not apply to claims resulting from gross negligence or intention, or injuries to Client’s life, body, or health.

6. Force majeure

If for any reason beyond either Party’s reasonable control, including but not limited to strikes labor disputes; regulations or orders of governmental authorities (including governmental advisories, quarantines and curfews); civil disorder; disasters; acts of terrorism; acts of war; acts of God; fire; flood or any other similar extraordinary occurrence; and either MR or Client is unable to perform its obligations under the Agreement, such nonperformance is excused and such Party may terminate the Agreement without further liability. Any payments received hereunder and/or under the Agreement at the time of one Party’s excused non-performance shall be non-refundable.

7. Miscellaneous

a) Any amendments to or modifications of these General Terms of Business or the Agreement must be in writing to be effective. That includes any waivers of this provision. Unilateral deviations of or modifications to MR’s offer under Section 1 by Client will be ineffective.

b) Place of performance and place of payment under the Agreement between MR and Client is Berlin, Germany.

c) The Agreement entered into between MR and Client under these General Terms of Business and any individual transaction performed by either MR or Client in the course of their business relationship shall be governed by the laws of the Federal Republic of Germany, except its rules governing international conflicts of laws and the United Nations’ Convention on the International Sale of Goods (CISG).

d) Any disputes arising out of this agreement shall fall under the exclusive jurisdiction of the courts in Berlin, Germany.

e) Should any provision of these General Terms of Business be or become illegal or otherwise invalid for any reason, this shall not affect the validity of the remaining provisions. In the event one or more provisions are or become invalid, the Parties shall implement a legal and valid replacement provision that comes as close as possible in commercial terms to the invalid provision.

f) These General Terms of Business are a translation of the original German version (“Allgemeine Geschaeftsbedingungen”), and the purpose of this translation is only to explain the Allgemeine Geschaeftsbedingungen. In case of a dispute as to the meaning of any provision included herein, the original German version shall rule.

General Terms of Business
of MR Congress & Incentive GmbH

PART 2

regarding Agreements between MR and merchants (as defined in Commercial Code HGB §1 et seq.) for the conception, planning, organization and realization of conventions, conferences, corporate, incentive and other events.

1. Contract formation

Upon request of Client, MR Congress & Incentive GmbH (hereinafter: “MR”) will make a written offer. The Agreement is formed upon MR’s receipt of Client’s written confirmation of MR’s offer. Client’s general terms of business will only apply to the Agreement between MR and Client, if MR expressly agrees to them in writing.

2. Services and fees

a) MR will conceive, plan, organize, and realize the events according to Client’s wishes and specifications. A main characteristic of MR’s services is the provision of its creative, artistic, and organizational qualification and experience and its knowledge of the relevant local particularities.

b) MR may, in its discretion, delegate its duties under the Agreement to subcontractors, agents, and/or third-party suppliers, such as venue operators, restaurants, artists, catering, security, cleaning, and transportation service providers. However, such delegation does not affect the rights and duties of the Parties to the Agreement in any way.

c) Client will pay the agreed fees for MR’s services. MR may require payment to be paid in certain milestone installments up to the full amount prior to the realization of the event(s). The terms of payment, i.e. the times and amounts of payment of any installments will be included in the Agreement.

d) In case of any changes in price by the booked hotel(s), venue(s), service(s) and/or changes in the applicable VAT rate, MR may adjust the agreed-upon fees accordingly. MR will notify Client of any expected changes in fees immediately. Should any such changes result in an increase of the total fees of more than 5% within the calendar year of the date of booking, Client may cancel the Agreement.

e) Client is not entitled to withhold payments under the Agreement to the extent Client asserts own claims against MR, unless such claims are either undisputed or have been judicially determined.

3. Cancellation by Client

If under the terms of the Agreement, Client may cancel same, MR is entitled to a non-itemized lump sum compensation for costs and preparations incurred and services rendered. Such compensation shall be a certain percentage of the total agreed fees and shall be calculated considering the proximity in time of Client’s cancellation to the date the event is to take place. The respective amounts of compensation will be specified in the Agreement.

Client may cancel the Agreement at any time. In case of cancellation by Client, MR is entitled to a generalized lump sum compensation for costs and preparations incurred and services rendered. Such compensation shall be a certain percentage of the total agreed fees and shall be calculated considering the proximity in time of Client’s cancellation to the date the rooms are to be provided. The respective amounts of compensation will be included in the Agreement.

4. Repudiation by MR

MR may repudiate the Agreement without any further obligations, if Client fails to make the agreed payments referenced in Section 2 b) above, upon reasonable notice by MR, effective at the end of the notice period, and if Client has not made payment within the time specified, MR may also repudiate the Agreement if Client has booked the hotel rooms by making false or misleading representations regarding his/her person or the purpose of use of the hotel room(s), venue(s), service(s), or if MR has reason to believe that Client’s use of the before named will cause disruptions in the hotel’s regular course of business.

5. MR’s liability

MR’s liability for damages resulting from its negligent breach of contract, or the negligence of its agents, sub-contractors, or third-party suppliers is limited as follows:

MR does not assume any liability for unforeseeable or consequential damages and such damages that are caused by negligent breach of non-principal duties under the Agreement between MR and Client, or negligence during contract formation.

The aforementioned exclusions and limitations do not apply to damages caused by gross negligence or intention. Neither do they apply to claims for damages resulting from injuries to Client’s life, body or health.

Any claims against MR requiring Client’s knowledge or notice, will be precluded after one year from the date the statute starts running under Civil Code (BGB) Section 199 (1); any other claims will be precluded after 5 years. This limitation does not apply to claims resulting from gross negligence or intention, or injuries to Client’s life, body, or health.

6. Force majeure

If for any reason beyond either Party’s reasonable control, including but not limited to strikes labor disputes; regulations or orders of governmental authorities (including governmental advisories, quarantines and curfews); civil disorder; disasters; acts of terrorism; acts of war; acts of God; fire; flood or any other similar extraordinary occurrence; and either MR or Client is unable to perform its obligations under the Agreement, such nonperformance is excused and such Party may terminate the Agreement without further liability. Any payments received hereunder and/or under the Agreement at the time of one Party’s excused non-performance shall be non-refundable.

7. Miscellaneous

a) Any amendments to or modifications of these General Terms of Business or the Agreement must be in writing to be effective. This includes any waivers of this provision. Unilateral deviations of or modifications to MR’s offer under Section 1 by Client will be ineffective.

b) Place of performance and place of payment under the Agreement between MR and Client is Berlin, Germany.

c) The Agreement entered into between MR and Client under these General Terms of Business and any individual transaction performed by either MR or Client in the course of their business relationship shall be governed by the laws of the Federal Republic of Germany, except its rules governing international conflicts of laws and the United Nations’ Convention on the International Sale of Goods (CISG).

d) Any disputes arising out of this agreement shall fall under the exclusive jurisdiction of the courts in Berlin, Germany.

e) Should any provision of these General Term of Business be or become illegal or otherwise invalid for any reason, this shall not affect the validity of the remaining provisions. In the event one or more provisions are or become invalid, the Parties shall implement a legal and valid replacement provision that comes as close as possible in commercial terms to the invalid provision.

f) These General Terms of Business are a translation of the original German version (“Allgemeine Geschaeftsbedingungen”), and the purpose of this translation is only to explain the Allgemeine Geschaeftsbedingungen. In case of a dispute as to the meaning of any provision included herein, the original German version shall rule.

General Terms of Business
of MR Congress & Incentive GmbH

PART 3

For the use, publication and circulation of data, raw data, artwork, manuscripts etc.

a) MR Congress & Incentive GmbH is not obliged to release any files and layouts to the client. If the client wishes the issuing of any digital data, this needs to be agreed upon in a separate contract and will involve additional charges.

b) If MR Congress & Incentive GmbH provided digital data or similar material, it may only be modified with the express consent/approval of MR Congress & Incentive GmbH.

c) Data provided within the framework of lectures and presentations remain the property of MR Congress & Incentive GmbH and may not be modified or reused without express consent/approval.

d) The client may use data and information provided by MR Congress & Incentive GmbH only for his own purposes. It may not come to knowledge or made available to people other than the persons employed in his enterprise and/or his management. In particular, the client is not entitled to pass these on to third parties. This applies to all data as well as extracts from these data.

e) If an unauthorized transfer to third parties occurs, MR Congress & Incentive GmbH is entitled to claim a compensation amounting to 4 times the additional price of the contractually agreed upon final sum for the production of the data from the client.

f) Data transmitted by the client remain the property of the client and are not used or shared by MR Congress & Incentive GmbH without the approval of the customer. MR Congress & Incentive GmbH commits itself to secure and periodically back up the data provided by the client. Also, the data and documents connected with the contract will be securely kept and saved for up to one year after their last dissemination.

g) MR Congress & Incentive GmbH assures that the raw data, such as layouts or print templates, which were individually created for the client, are not used for any other customers.

h) MR Congress & Incentive GmbH assumes no liability for the client’s further use of the data created by MR Congress & Incentive GmbH for the client. The client himself is solely responsible for the legal use of these data.

i) The client bears the risk and the costs of transporting data carriers, files and data online as well as offline. MR Congress & Incentive GmbH shall not be liable for errors in files, data carriers, data generation during the data import on to the client’s system.

j) Upon prior arrangement, author’s copies from reproduced artworks have to be provided to MR Congress & Incentive GmbH free of charge. MR Congress is entitled to use these copies as part of its own advertising.

k) For reasons of data protection and the protection of company secret, MR Congress & Incentive GmbH is basically not obligated to provide data, documents and invoices to third parties and/or clients, be it from partners, service providers, subcontractors, guides, drivers or hostesses. Exceptions are subject to separate approval and written regulation prior to the conclusion of the contract.

l) All of the rules and regulations in Part 3 shall be binding beyond the termination of the contract.

Freedom of design and templates

For the MR Congress & Inventive GmbH – within the scope of the contract – the freedom of design applies. If the client asks for amendments during or after production, the client has to bear the additional costs. The client assures that he is entitled to use all templates submitted to MR Congress & Incentive GmbH (e.g. data, samples, texts, photos, videos) and that these templates are free of third party rights. If, contrary to this assurance, the client is not entitled to use the templates, or if the templates are not free from the rights of a third party, the client indemnifies MR Congress & Incentive GmbH inter se from all third party claims. The indemnification does not apply if the client proves without legitimate doubt that he is in no way at fault.

By continuing to use the site, you agree to the use of cookies and Google Analytics. Data Protection Policy

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

Close