General Terms and Conditions for the Intermediation of Services, Travel Services, and Service Packages

Business Management Contract / Intermediary Position of Eventfirst

The provisions of this Annex 1 relate exclusively to the intermediation of individual services and service packages from third-party providers. Eventfirst acts exclusively as an intermediary with respect to each individual service or service package from third-party providers.
The mandate to intermediate services or service packages from third-party providers constitutes a business management contract pursuant to §§ 675, 631 et seq. of the German Civil Code (BGB).
The rights and obligations of the Client towards the contractual partner of the intermediated service shall be governed exclusively by the agreements made with the respective intermediated service partner, in particular – to the extent validly agreed – their travel or service terms and conditions.
Without an express agreement or assurance to this effect, Eventfirst shall not be liable with respect to the intermediated services for defects in service provision or for personal injury or property damage incurred by the Client in connection with the intermediated service.
Eventfirst shall not be liable for information regarding prices and services, nor for personal injury or property damage in connection with services of any kind that, according to the corresponding notices in the brochure description, the offer, the booking confirmation, or other documents, are exclusively intermediated to the Client.
To the extent that Eventfirst has not assumed a corresponding contractual obligation through an express agreement with the Client, it shall not be liable for the conclusion of booking requests of the Client in accordance with the contracts with the service providers to be intermediated.
To the extent that, at the Client's request and pursuant to a corresponding contractual agreement, accompanying persons and tour guides are intermediated, such persons shall be neither vicarious agents nor auxiliary agents of Eventfirst. Eventfirst shall not be liable for their services, actions, omissions, or any breaches of contractual or statutory obligations, in particular defects, disruptions to the course of events, service failures, and personal injury or property damage caused thereby, unless a breach of duty by Eventfirst itself, in particular in the context of intentional or grossly negligent fault in selection, was the cause of the corresponding damage or the arising of corresponding claims.
Any liability of Eventfirst arising from a culpable breach of intermediary duties shall remain unaffected by the foregoing provisions.

General Contractual Obligations of Eventfirst, Information, Notices

The contractual performance obligation of Eventfirst consists, in accordance with these framework contract provisions in Annex 1, of carrying out the actions necessary for the execution of the intermediation mandate in accordance with the Client's booking order, providing corresponding advice, and processing the booking.
When providing notices and information, Eventfirst shall be liable within the scope of the law and the contractual agreements for the correct selection of the information source and its correct transmission to the Client. An information contract with a primary contractual obligation to provide information shall only be concluded upon a corresponding express agreement. Eventfirst shall not be liable for the accuracy of information provided pursuant to § 675 para. (2) BGB, unless a specific information contract has been concluded.
Without an express agreement, Eventfirst shall not be obligated to identify and/or offer the cheapest provider of the requested service.
Without an express special agreement, Eventfirst shall not assume any guarantee within the meaning of § 276 para. (1) sentence 1 BGB with respect to information on prices, services, booking conditions, and other circumstances of the service, nor any procurement guarantee within the meaning of this provision with respect to information on the availability of the services to be intermediated.
Special requests, in particular those that go beyond or deviate from the service description of the service provider to be intermediated, shall only be accepted by Eventfirst for forwarding to the service provider to be intermediated. Unless expressly agreed otherwise, Eventfirst shall not be responsible for the fulfillment of such special requests, and these shall neither constitute a condition nor a contractual basis for the intermediation mandate or for the booking declaration to be transmitted by Eventfirst to the service provider on behalf of the Client. The Client is advised that special requests generally only become part of the contractual obligations of the service provider upon express confirmation by the service provider.

Reimbursement of Expenses, Fees, Collection, Payments

Eventfirst shall be entitled to demand advance payments in accordance with the payment terms of the intermediated companies, to the extent that these have been validly agreed and contain legally effective advance payment provisions.
To the extent that it corresponds in a lawful manner to the requirements of the intermediated service provider vis-à-vis Eventfirst, in particular the intermediation contract between the service provider and Eventfirst, Eventfirst shall be entitled, but not obligated, to advance the price of the intermediated service in whole or in part on behalf of the Client.
Payment claims pursuant to clauses 3.1 and 3.2 may be asserted by Eventfirst, to the extent that this corresponds to the agreements between Eventfirst and the service provider within the scope of the intermediation relationship, as the latter's authorized collection agent, but also in its own right on the basis of the statutory advance payment obligation of the principal pursuant to § 669 BGB.
The foregoing provisions shall apply accordingly to cancellation costs (withdrawal compensation) and other legally or contractually established claims of the intermediated service provider.
Eventfirst's claim for reimbursement of expenses shall also include payments to the intermediated service provider for the service or travel price, cancellation costs, or other payments, to the extent that these were made in accordance with the foregoing provisions.
With regard to price increases charged to Eventfirst by the intermediated service provider, Eventfirst is neither entitled nor obligated under the provisions of the Legal Services Act (Rechtsdienstleistungsgesetz) to verify the legitimacy of the price increase vis-à-vis the Client. Eventfirst's claim for reimbursement of expenses therefore also includes such amounts, to the extent that Eventfirst can demonstrate a corresponding charge or corresponding payment. The Client shall retain all objections against the grounds and amount of the price increase claim vis-à-vis the service provider; however, the Client shall assert any corresponding objections and/or refund claims exclusively and directly against the service provider itself.
The Client may not set off claims against the intermediated service provider, in particular on the grounds of defective performance of the intermediated contract, against Eventfirst's claim for reimbursement of expenses by way of retention or set-off, unless a culpable breach of contractual obligations by Eventfirst was a cause or contributing cause of the arising of such claims, or Eventfirst is liable to the Client for the asserted counterclaims for other reasons.

Fee Claims of Eventfirst

With regard to prices and service fees agreed between Eventfirst and the Client, the following shall apply:
1. The stated and invoiced prices are the prices of the service provider and do not include any commission or other remuneration of the airline for the activities of Eventfirst.
2. The remuneration of Eventfirst within the scope of this intermediation activity shall therefore be made exclusively through service fees payable by the Client.
3. The service fees for the intermediation activity of Eventfirst and other business transactions in connection with such intermediations shall be determined, unless otherwise agreed in individual cases, by the fees communicated to and agreed with the Client, in particular by display in the business premises of Eventfirst.
4. If no agreement has been reached on the amount of a corresponding service fee, the Client shall owe Eventfirst remuneration in accordance with the statutory provisions (§ 632 para. 2 BGB: obligation to pay customary remuneration by the principal).
Other independent fee claims of Eventfirst against the Client shall require a corresponding agreement, which may also be made by clearly visible display of price lists in the business premises of Eventfirst and a corresponding oral or written notice by Eventfirst to this effect.
Eventfirst's claim to service fees shall remain unaffected by rebooking, withdrawal, cancellation, or termination of the contract with the service provider by the latter or by the Client, unless the Client's claim for reimbursement arises from a damages claim by the Client due to defects in the advisory or intermediation activities of Eventfirst based on contractual or statutory claims.

Obligations of the Client towards Eventfirst

The Client shall notify Eventfirst without undue delay upon discovery of any defects in Eventfirst's intermediation activities that are recognizable to the Client, in particular incorrect or incomplete information, notices, and documents, as well as incomplete execution of intermediation services (e.g., bookings or reservations not made), and shall give Eventfirst the opportunity to remedy such defects. For this purpose, the Client shall review the information and documents transmitted to it for completeness and accuracy without undue delay upon receipt. Grossly negligent ignorance due to failure to review shall be equivalent to knowledge of actual defects or incompleteness.
If the Client fails to provide notification pursuant to clause 5.1, the following shall apply:
1. The Client's claims shall not lapse if the notification pursuant to clause 5.1 is omitted without fault on the part of the Client.
2. The Client's claims against Eventfirst shall only lapse to the extent that Eventfirst can demonstrate that the Client would not have suffered damage, or would not have suffered damage in the amount claimed by the Client, had proper notification been given. This shall apply in particular to the extent that Eventfirst can demonstrate that prompt notification by the Client to Eventfirst would have enabled the remedy of the defect or the reduction of damage through rebookings, additional bookings, free cancellations, or the achievement of corresponding goodwill solutions with the intermediated service provider.
3. The Client's claims in the event of a failure to provide notification of defects shall not lapse
  - in the case of damage arising from injury to life, body, or health resulting from an intentional or negligent breach of duty by Eventfirst or a statutory representative or vicarious agent of Eventfirst
  - in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by Eventfirst or a statutory representative or vicarious agent of Eventfirst
  - in the case of breach of a material obligation, the fulfillment of which is essential to the proper performance of the intermediation contract or the breach of which jeopardizes the achievement of the contractual purpose.
  Notifications of defects with respect to Eventfirst's intermediation services shall not release the Client from the contractual and/or statutory obligation to notify defects to the intermediated service provider.

Booking Documents

Both the Client and Eventfirst shall be obligated to review the contractual and booking documents of the intermediated service provider that have been handed over to the Client by Eventfirst, in particular booking confirmations, vouchers, and other booking documents, for accuracy and completeness, in particular for consistency with the booking and the intermediation mandate.
To the extent that documents are not transmitted to the Client directly by the intermediated service provider, delivery by Eventfirst shall, unless expressly agreed otherwise, be made exclusively by forwarding via email. If, pursuant to a corresponding agreement, transmission is made by post, courier, or deposit, the Client shall bear the costs incurred. The Client shall bear the risk of use with respect to loss or late receipt, unless circumstances attributable to intentional or grossly negligent conduct by Eventfirst were the cause thereof.

Obligations of Eventfirst in the Event of Complaints by the Client against Intermediated Service Providers

The Client is informed that warranty claims against the intermediated service providers, in particular in the case of service packages and transport contracts vis-à-vis the service provider, may need to be asserted within contractually specified time limits and that such time limits generally cannot be preserved by asserting claims against Eventfirst. This shall also apply to the extent that the Client wishes to assert claims regarding the same service against both Eventfirst and the service provider.
In the case of complaints or other assertion of claims against the intermediated service providers, Eventfirst's obligation shall be limited to providing all information and documents that are relevant to the Client for this purpose, in particular the disclosure of the name and address of the booked service provider.
Eventfirst shall have no obligation to receive and/or forward corresponding declarations or documents. If Eventfirst undertakes the forwarding of time-critical claim letters of the Client, it shall only be liable for timely receipt by the recipient in the event of an intentional or grossly negligent failure to meet the deadline caused by Eventfirst itself.
With regard to any claims of the Client against intermediated service providers, Eventfirst shall likewise have no obligation to advise on the nature, scope, amount, claim prerequisites, and applicable time limits or other legal provisions.