Business Terms for the Booking Service of Hotel- and Event Capacities and/or further Providers
(Silver’s is acting as an Agent)
I.1. Silver’s only acts as intermediary of the hotel/service provider. The service provider is the mediated hotel, event location, technical provider, caterer, decorator, artist etc. As intermediary, Silver’s researches suitable capacities and service providers and advises the client in the decision making process. Silver’s is in this case specifically fulfilling the status of an intermediary. This also applies if several services are provided.
I.2. As a result of the mediation by Silver’s the contract is directly closed between the client and the booked hotel/service provider. The client transfers the payment for the mediated service directly to the hotel or service provider. All obligations exclusively exist between the client and the hotel/service provider.
In the case of deficiencies of the hotel/service provider, the client has to assert its claims directly with the hotel/service provider.
All details of hotels/service providers are based on the information from the hotels/service providers. Potential classifications (e.g. hotel stars) are based on the self-evaluation of the hotel/service provider. Silver’s merely forwards this information.
I.3. Cancellations must be directly communicated to the hotel/service provider by the client. The specifics of the cancellation policy are based on the contract between the hotel/service provider and the client. In case of complete cancellations or changes on a large scale Silver’s reserves the right to charge the client with an expense allowance for its mediation and consultation services.
Silver’s is only liable for the accuracy of their information and the correct forwarding of details regarding hotels/service providers.
I.4. Should the client have already pursued its own research or enquired other agencies, this has to be communicated to Silver’s during the enquiry. Should the client book capacities that were offered by Silver’s independently or through another agency, Silver’s reserves the right to charge the client for lost profit.
Business Terms for the Reservation/Booking of Hotel- and Event Capacities
(Silver’s is acting as an Operator)
II.1. The client can book hotel capacities as well as services of third-party suppliers (service providers) directly from Silver’s. In this case the contract is closed between Silver’s and the client.
II.2 The client is obliged to accept the booked services after the order. Free cancellation or resignation after the contract is closed is not possible, unless there is a contrary written agreement between Silver’s and the client. Depending on the extent and time of the cancellation or resignation Silver’s reserves the right to charge the client a reasonable expense allowance. This also applies if the booked service itself is still subject to free cancellation.
II.3. The payment takes place on the account of Silver’s, and not to the service provider. The client is obliged to make an advance payment. Should the advance payment not be transferred in time, Silver’s is authorized to assign the booked accommodation to another client. In addition, Silver’s reserves itself the right to claim damages.
II.4. The payment agreements are based on the individual contracts.
II.5. The client is obliged to assume all costs resulting from the contract. Possible extra services have to be paid by the guests and will be charged directly to the guests/clients by the service provider at the point of sale. The client is obliged to inform the guests that extra services have to be paid on departure in cash or via credit card. In case of an unsettled invoice the client is obliged to pay the expenses and the guests/clients are charged accordingly.
II.6. The agreed prices, provided they are gross amounts, include the given value added tax as well as any possible community taxes valid at the time of booking. Should there be an increase in taxes and community charges or should new taxes be implemented between the closing of the contract and service provision, Silver’s is authorized to increase the prices accordingly. If the duration between contract closing and service provision is more than 6 months, Silver’s is authorized to apply an appropriate price increase.
II.7. Accommodations booked through Silver’s can only be utilized for agreed purposes. Subletting or transferring of booked services as well as utilization for purposes divergent from the contract requires Silver’s previous approval.
II.8. All changes, cancellations and additional bookings must be drawn up in writing and only become valid through Silver’s written consent. In case of subsequent reductions of the booked services or changes in the booked time period initiated by the client, Silver’s is authorized to adjust the prices according to the new booking parameters.
II.9. A name and occupancy list of the guests/client has to be sent to Silver’s as soon as possible and in any case at the latest three weeks prior to arrival.
Business Terms for event organization by Silver’s
III.1. Contractual Relationships
a) For the implementation of projects Silver’s closes contracts with third parties. This takes effect in particular for the rental of event locations, the closing of gastronomy contracts as well as the entertainment sector. The selection of respective third parties is solely performed by Silver’s, unless a different agreement is made.
b) The client has no power to direct third-party providers.
a) The preparation of a concept for a project is invoiced to the client, provided there is no explicitly contradicting agreement. Expenses are charged on an hourly basis according to time required plus attested expenses in the course of concept preparation. Pitched concepts or offers are valid for four weeks after the date of the offer, provided no contradicting written agreement exists.
b) Expenses that occur for concept presentation (e.g. technical equipment, journey) are charged according to expenditure, respectively according to project size and turnover.
c) Expenses according to III.2.a) are also charged if no order is placed with Silver’s. In case of project implementation the expenses are charged pro rata.
d) All copy and property rights of the concept or parts of the same as well as other design and planning proposals are Silver’s. The exploitation right of the client with regard to the contents and duration is restricted to the order. Prior to, during or after the placed or implemented order other exploitations of the service are prohibited.
e) In the course of projects, public charges and fees as well as non-resident taxes, GEMA fees, artists’ social fees et cetera fall due. The client pays all these costs. The client is solely responsible for the registration, timely payment of charges as well as administrative permits, unless another written agreement has been made.
f) If there is no other written agreement, 80 % of the calculated total amount for the project are charged when the order is placed.
III.3. Withdrawal and Cancellation
a) Regarding withdrawal and cancellation the contractually agreed cancellation terms apply.
b) In case subcontractors already received payments, the client is obliged to pay all costs incurred. It is for the client to prove lesser and for Silver’s to prove higher damages.
c) The right of dismissal for exceptional reasons remains in force for both contract parties. An exceptional reason especially applies in the case of non-timely payments of agreed fees and a requested budget service by the client, which authorizes Silver’s to withdraw or cancel.
III.4. Occupational Safety
The client is obliged to inform the employees prior to the beginning of work about the accident prevention regulations as well as to provide necessary safety clothing. Should employees refuse to work due to insufficient or non-existing safety devices or equipment, the client is liable for the resulting wage loss. Employees of Silver’s are covered by the administrative occupations cooperative. Occupational accidents have to be reported immediately to Silver’s and the “VBG” cooperative. First aid facilities and arrangements are provided by the client.
a) In case of malice and wanton negligence Silver’s is liable according to the legal provisions. In addition, Silver’s is liable for ordinary negligence if an infringement of essential contractual obligations obtains. Essential contractual obligations are such that their infringement endangers the attainability of the contractual purpose. Only the accomplishment of these obligations therefore permits due implementation of the contract, whereby compliance can be routinely trusted on by all contract partners.
b) In any case, all damages claims are restricted to the foreseeable damages typical for the contract.
c) Silver’s is obliged to close an organizer liability insurance for the event. The client bears the incurred costs. Should the organizer liability insurance be applicable in the event of damage, Silver’s commits to the obligation to not invoke limitation of liability.
d) The contribution of services and/or deliveries listed in the estimate or separately agreed on is principally binding. However, Silver’s is free from the delivery or service obligation if Silver’s is inhibited from performance of its duties by unforeseeable, exceptional circumstances that could not be avoided even with reasonable foresight according to circumstances diligence, e.g. force majeure, malfunction due to strike or lockout, administrative interventions, delivery delay of essential commodities as well as the impossibility of delivery or service provision due to the above mentioned circumstances. In case of any of the listed impediments it is irrelevant if the occurrence lies with the organizer or service provider.
e) If Silver’s is free from the delivery or service obligation, any derivative claim for damages and right of withdrawal of the organizer lapses.
f) The organizer compensates Silver’s for all costs required for implementation of the order which occurred until the moment in which Silver’s is freed from performance according to paragraph III.5.d).
a) The governing law is the law of the Federal Republic of Germany.
b) The place of jurisdiction for all litigation between Silver’s and the client is Hanover.
c) Deviating agreements from these general business terms have to be made in written form. This also applies for agreements by which this written form clause is negotiated.