GENERAL TERMS AND CONDITIONS
FOR THE RIGHT TO USE THE EVENT LOCATION OF THE GOLF LOUNGE GMBH
– Additional terms and conditions for using the facility for events –
(Valid only in combination with the general terms and conditions of the Golf Lounge GmbH)
1. Conclusion of contract
In principle contracts between the Golf Lounge and the customer only become effective by the explicit acceptance by the Golf Lounge. The scope of the contractual obligation arises only from the specifications of the Golf Lounge and/or the specifications in the contract confirmation. Collateral agreements, which change the scope of the contractual services, require an explicit confirmation.
The prices are valid only for an undivided order.
All prices are net without VAT.
Unless otherwise agreed, the assignment of third parties in the name and for the account of the Golf Lounge takes place. In this case, the Golf Lounge is not obliged to create accounts on the services rendered by third parties on their behalf or to submit invoices of the person who was commissioned.
For services that were not estimated in the offer but which were carried out at the request of the customer or which are additional expenses, caused by incorrect information provided by the customer or involuntary transportation delays or timely improper advance payments by third parties, insofar as they are not vicarious agents of the Golf Lounge, the customer will be billed according to the current tariff rates of the Golf Lounge.
The Golf Lounge is entitled to bill every service right after delivery. Billed payments are due immediately if there are no other agreements. Furthermore, the Golf Lounge is entitled to cover their expenses by requesting the following advances:
80% of the agreed fee when placing the order.
The final settlement is carried out after the event. Deductions of any kind are excluded. Advance payments will not bear interest. In the case of default of payment, the Golf Lounge is entitled to demand compensation for delay damages to the amount of the usual minimum debit interest and commissions of the big banks (but not less than 8% above the base rate).
In the case of delay of payment, even with advance payments, in addition to the damages, and after setting a deadline, the Golf Lounge is also entitled to withdraw from the contract and to demand compensation for damages for non-performance. For the calculation of the amount of the damages see §5.
Up until 7 days before the agreed date of service, the customer has the right to withdraw from the contract. In the case of withdrawal, the customer has to make the following payments to the Golf Lounge:
Withdrawal 42 days before date of service: 20%
Withdrawal 30 days before date of service: 40%
Withdrawal 15 days before date of service: 60%
Withdrawal 7 days before date of service: 80%
After that, or in the case of default: 100%
The date of service is the beginning of the event and the beginning of travels, the day in general, on which the Golf Lounge is obliged by contract to deliver the agreed service. Withdrawals must be declared in writing. The due date for calculating the respective term is the receipt of the withdrawal at the Golf Lounge.
The withdrawal payments are not part of the services provided by the Golf Lounge in the course of selling or renting of products. For that kind of contracts, and in the case of withdrawal, an allowance of 40% of the agreed price must be paid by the customer. The withdrawal payments have been determined to take into account the general expenditures. The evidence of a higher or lower damage for both contract partners shall not be affected.
If the performance of an event is made seriously difficult, put in danger or impaired in any other way by unforeseen dangers of a higher power, the Golf Lounge, as well as the customer, can terminate the contract. If the contract is terminated, the Golf Lounge can ask for compensation for a reasonable amount for already delivered services or for services, which the Golf Lounge would have delivered until the end of the event.
In any case of withdrawal by the Golf Lounge, the liability of the Golf Lounge towards the customer is limited to the amount of 10% of the agreed price.
The liability of the Golf Lounge towards the customer regarding compensation because of pre-contractual or contractual demands is limited to three times the price in total, in so far as the damage induced by the Golf Lounge was neither intentional nor grossly negligent.
Apart from that, the liability for slight negligence, as far as legally permissible, is excluded.
It is agreed between the Golf Lounge and the customer that he uses the Golf Lounge services at his own risk. As far as the Golf Lounge offers its services on behalf of a client or through the mediation of customer or an agency to third parties, the customer releases the Golf Lounge from all liability claims of third parties insofar as they exceed the above limits of liability. In favor of the Golf Lounge, the customer is obligated to agree on identical limitations of liability and exclusions with the participants.
The Golf Lounge assumes no liability toward the customer or third parties for any of the materials, devices, and locations it provided for the organization of events. In this respect, the customer releases the Golf Lounge of any liability claims levied by customers or participants toward the Golf Lounge.
6. Agency service
The Golf Lounge is not liable for performance disturbances and damages relating to services, that are only arranged as external service or that are explicitly marked as external service in the tender.
In the case of an agency service where a customer cannot perform the service he was booked for, the Golf Lounge has to be released of all claims of the respective customer. That also applies to claims for breach of contract or other claims for compensation.
The customer assures with his application that the participants are of age or accompanied by a parent.
The Golf Lounge has the right to withdraw from the contract, also during events, when the customer has to have physical or other special aptitudes when it is clear that the execution of a contract is impossible and the withdrawal in the best interest of the customer or the participating third party. The Golf Lounge is also entitled to exclude individual participants of the event if this appears necessary for reasons that lie in the person of the customer.
If a service is not provided according to the contract, the customer has to demand redress immediately. The customer can only reject the compensation of the Golf Lounge if it affects him in an important, for the Golf Lounge obvious way that cannot be expected of him, especially, if the acceptance of the replacement service impairs the overall caliber of the booked event.
In any disruptions to services, the customer is obliged to participate within the legal framework, to avoid damage or to keep them low. If services are disrupted, the customer is obliged to do what can be expected to help remedy the fault and to minimize any damage.
As far as the customer desires a reduction of the contract price owed by him because of alleged poor performance of the contract by the Golf Lounge, he is obliged to report this immediately, stating the reasons to the Golf Lounge. In the case of complaints, claims against the golf Lounge can be asserted only within one month after the contractually intended end of the event.