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General Terms and Conditions

General Terms and Conditions of KahnEvents GmbH
§ 1 Conclusion of Contract

  1. An offer from KahnEvents shall only be considered an offer for concluding a
    contract if it is expressly designated as a binding offer. Otherwise, the
    statement of the client wishing to accept this offer or estimate shall constitute
    an offer for concluding the contract.
  2. The client is bound by their offer for 4 weeks.
  3. The contract shall only come into effect if KahnEvents accepts this offer.
    § 2 Scope of Services
  4. The scope of contractual services is determined by the service description and
    cost breakdown provided by KahnEvents, to which the client refers in
    accordance with § 1 when making their offer (see Appendix I).
  5. The client is the organizer.
  6. Changes to the scope of services are only possible by separate written
    agreement of the parties and on the condition that they can be provided by the
    third parties commissioned with the execution of the event. This also applies to
    changes in the respective number of event participants. Changes to the scope
    of services during the event are generally excluded.
  7. All services offered are provided subject to availability at the time of conclusion
    of the contract, plus a reasonable processing time and confirmation time by
    KahnEvents. If a service offered is no longer available, KahnEvents shall
    immediately inform the client and offer an alternative upon request.
    § 3 Services and Obligations of KahnEvents
  8. KahnEvents may withdraw from events if, during the event or due to the
    client’s participation, special physical or other qualifications are necessary, to
    the extent that performance of the contract becomes impossible for these
    reasons, or proper and safe performance becomes impossible or endangered,
    and withdrawal is also in the best interest of the client or participating third
    parties. If possible and reasonable, KahnEvents should first notify the client of
    the defect and give them the opportunity to remedy it.
    KahnEvents may exclude individual participants or participants from the event
    if necessary for safety reasons. The contracting parties agree that the safety of
    the involved employees, service providers, and third parties always takes
  9. If the client specifies a service provider, a location, a service, or intellectual
    property rights (e.g., logos, names, photos, etc.) as binding, KahnEvents is not
    obliged to verify these or their services for suitability, reliability, or similar,
    unless their unsuitability or unreliability is obvious or the examination is
    explicitly part of the order.
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    § 4 Services and Obligations of the Client
  10. The client must provide KahnEvents with all necessary information in a timely
    manner for the planning and execution of the event. Corresponding inquiries
    from KahnEvents must be answered promptly.
  11. In the interest of smooth communication, the client shall designate a contact
    person who is responsible and authorized to make decisions for all inquiries
    from KahnEvents.
  12. KahnEvents will conclude all further contracts necessary for the execution of
    the event (e.g., with artists, transport companies, catering establishments,
    etc.) in the name and on behalf of the client. Upon request by KahnEvents, the
    client shall issue appropriate powers of attorney.
  13. The client indemnifies KahnEvents from any claims by third parties, unless
    KahnEvents is responsible for the claims itself.
    § 5 Remuneration
  14. KahnEvents shall receive the agreed remuneration as reimbursement of
    expenses and fees for the services to be provided (see Appendix I).
    Paragraphs 2-5 apply in other respects.
  15. The amount shall be paid in three installments. 30% of the amount is due upon
    signing the contract. Another 60% is due for payment four weeks before the
    start of the event. The remaining 10% is due 14 days after KahnEvents
    submits a final invoice.
  16. Additional services that were not part of KahnEvents‘ offer and/or were not
    known or foreseeable by KahnEvents at the time of the offer, or are based on
    a request from the client and their subsequent necessity cannot be attributed
    to KahnEvents, shall be remunerated separately. This additional remuneration
    corresponds (if applicable) to the agreed remuneration. In any case, the client
    shall reimburse actual additional costs incurred.
  17. If costs for third-party services are not expressly included in KahnEvents‘
    remuneration, but are incurred additionally, the client is obliged to pay these
    payments to KahnEvents before they become due for payment to third parties
    for the fulfillment of their contractual obligations, or directly to the third party at
    the time of maturity. If the client is late in making payments, they are solely
    liable for all resulting damages.
  18. All prices are net plus statutory value-added tax.
    § 6 Copyrights, Advertising Rights, References, Recording Rights
  19. Documents, graphics, presentations, drawings, sketches, and other items
    created by KahnEvents remain its property unless the transfer of ownership is
    not part of the contract.
  20. The Copyright Act shall apply to all event concepts, documents, graphics,
    presentations, drawings, sketches, etc. created by KahnEvents, even if
    individual parts are not protected by law.
  21. Upon full payment of the remuneration and costs, the client acquires the
    usage rights necessary for the contractual purpose. Any further use requires
    the explicit consent of KahnEvents, subject to additional remuneration.
  22. Repeated use by the client without a corresponding repeat order to
    KahnEvents triggers a corresponding obligation to pay remuneration, unless
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    the repeat was already part of the initial order and/or adequately compensated
    by the previous remuneration.
  23. If no contract is concluded between the client and KahnEvents after
    participation in a presentation or after creation of a concept, all services
    provided by KahnEvents, especially any usage rights, remain solely with
  24. KahnEvents is entitled to advertise on all printed materials and in all
    measures, provided it is appropriate and does not clearly oppose the
    legitimate interests of the client.
  25. If KahnEvents wishes to use the client’s name and the services provided by
    KahnEvents for the client as a reference, prior consent from the client is
  26. KahnEvents is entitled to take photo and/or video recordings at the event,
    observing the personality rights of the guests. The use of photos/video
    recordings as references for KahnEvents requires prior consent from the
    § 7 Liability of KahnEvents
  27. In the event of slight negligence, KahnEvents‘ liability is limited to the
    foreseeable, contract-typical, direct average damage, depending on the nature
    of the contract. This also applies in the event of slight negligence by legal
    representatives of KahnEvents or its vicarious agents.
  28. KahnEvents shall not be liable for slight negligence in the breach of
    insignificant contractual obligations.
  29. The above limitations of liability do not apply to claims of the client arising from
    product liability. Furthermore, the limitations of liability do not apply in cases of
    culpable injury to life, body, or health of the client by KahnEvents or its legal
    representatives or vicarious agents.
  30. It is clarified that KahnEvents is only liable for third-party services to the extent
    that KahnEvents is contractually or legally obliged to provide the service.
    Liability for the service of the intermediary service provider is generally
    excluded in pure brokerage transactions (e.g., mediated transportation
    § 8 Warranty
  31. If the event is not provided in accordance with the contract, the client may
    request remedial action. Complaints about defects must be reported
    immediately. The client is obliged to do everything reasonable to contribute to
    the rectification of the complaint and to keep any resulting damages as low as
    possible or to avoid them altogether.
  32. In the case of justified complaints, KahnEvents may, at its discretion, either
    remedy the defects or credit the client for the resulting diminished value of the
    service in the final invoice.
  33. Warranty claims of the client for material defects shall become statute-barred
    no later than six months after written rejection of the complaint by the
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    § 9 Termination of Contract
  34. KahnEvents may terminate the contract if cooperation with the client is no
    longer reasonable, in particular if: a. Due payments are not made, b.
    Circumstances arise that were unknown at the time of contract conclusion,
    endangering the security of the event, visitors, participants, contributors, or
  35. In the event of cancellation or termination by the client outside of a legally
    regulated right to terminate the contract prematurely, the client shall be
    charged the external costs incurred up to that point or the cancellation fees of
    the service providers, plus the time costs incurred up to that point, as well as
    additional expenses required for the cancellation, in accordance with
    KahnEvents‘ applicable fee schedule. In case of doubt, the agreed
    remuneration applies proportionally.
    § 10 Force Majeure
    (1) Force Majeure within the meaning of this agreement includes, in addition to
    a complete lockdown due to SARS-CoV-2 (coronavirus), such government-
    imposed restrictions that make the execution of the event or parts thereof
    (2) With regard to travel or events in winter resorts, snowfalls, avalanches
    (actual or imminent), and adverse weather conditions are particularly included,
    if they make the journey to the area, the departure from the area, or the
    contractual activities in the area impossible. This also applies to concerns
    about impossibility or difficulties that go beyond ordinary winter-related
    difficulties (e.g., driving with snow chains, shoveling snow).
    (3) Force Majeure in the relationship between you and us:
    In the event of Force Majeure leading to termination or interruption of the
    contract or individual contractual services, we may demand reimbursement or
    compensation for the costs incurred up to that point and the services rendered
    by us, as well as the payments we have to make to our subcontractors.
    If the contractually owed services have not become directly impossible, but are
    only made more difficult, impaired, or almost impossible, i.e., in cases where
    authorities recommend canceling or aborting the event, impose increased
    requirements, or other such cases, our remuneration is governed by § 648 of
    the German Civil Code (BGB), whether directly or by analogy, provided that a
    cancellation according to the agreed cancellation conditions would not result in
    a lower cancellation fee; in this case, the lower cancellation fee applies.
    (4) Relevant time for assessment:
    When canceling/terminating our contract or canceling the event, if you cite
    concerns about or the likelihood of Force Majeure as the reason, the following
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    The relevant time for assessing whether Force Majeure exists is agreed to be
    the contractually stipulated time of the event. If it concerns a period of more
    than 1 day, the calculated middle of this period is deemed to be the relevant
    This applies even if you cancel the event before the event date out of concern
    for Force Majeure. You must demonstrate that the cancellation occurred
    exclusively due to the possibility of Force Majeure.
    If it then turns out at this point that Force Majeure exists, the agreement on
    Force Majeure applies. If, on the other hand, it turns out at this point that there
    is no Force Majeure, the agreement on cancellation/termination applies.
    In any case, however, we have a right to payment from paragraph 1,
    especially until legal issues are clarified. Acceptance of your payment by us
    does not constitute recognition of Force Majeure and waiver of any further
    claims against you.
    If no option for cancellation has been agreed, § 648 BGB applies, whether
    directly or by analogy.
    (5) Force Majeure in the relationship between us and our subcontractor: If one
    of our subcontractors can invoke Force Majeure and as a result does not
    perform the service owed under the subcontract, we are also released from
    our obligation to provide the service to you; paragraphs 1 and 2 apply
    We will endeavor to provide suitable replacement services, the expense of
    which will generally be based on the agreed remuneration.
    (6) „Corona Clause“:
    It is agreed that knowledge of developing pandemics/epidemics/disease
    outbreaks over a certain period of time at the time of contract conclusion does
    not exclude Force Majeure, specifically the necessary unforeseeability within
    the meaning of these contractual provisions. This is intended to address the
    uncertainty about the legal situation for all contracting parties, as was the case
    in the first quarter of 2020 during the spread of the COVID-19 pandemic.
    However, this provision only applies to pandemics/epidemics/disease
    outbreaks that are comparable to the COVID-19 pandemic in 2020, i.e., based
    on a novel, unknown, or incurable pathogen with vaccines or medications.
    (7) Further Legal Consequences:
    Necessary activities that require the processing and termination of the order
    are to be remunerated and paid for separately by you, in case of doubt, the
    remuneration rates agreed for the actual order apply accordingly. This also
    includes the costs for legal or other expert advice that are not already part of
    the order and are necessary to properly process and terminate the order.
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    If, despite the occurrence of Force Majeure, you use our services more
    extensively than remunerated or paid for according to paragraph 1 (e.g., if a
    copyrighted work is completed despite Force Majeure and is exploited by you),
    we are entitled to remuneration and reimbursement of costs that exceed the
    actual costs incurred and services provided and correspond to the extent of
    the services actually used by you.
    We are entitled to suspend the reversal process for the period necessary for
    the overall calculation including the compilation and clarification of all cost
    items. If less than 50% of these cost items are still to be clarified, we will carry
    out the reversal process for the other part. The limitation period is also
    considered to be suspended for the duration of this suspension.
    You are entitled to information about our efforts to compile and clarify, which
    we can also provide through confirmation or a report from a lawyer or auditor.
    The costs for legal or other expert advice are not to be reimbursed to the
    extent that they concern out-of-court or judicial disputes between you and us.
    § 11 Final Provisions
  36. Additions or amendments to the contract require written form (e.g., email, fax,
    etc.), as does the waiver of this requirement of written form.
  37. The client is not entitled to exercise a right of retention against KahnEvents for
    another claim not arising from this contractual relationship.
  38. The client can only set off against KahnEvents‘ remuneration claim with
    undisputed or legally established claims.
  39. Should individual provisions of this contract prove to be ineffective or
    inadmissible, the validity of the contract as a whole shall remain unaffected by
  40. Place of jurisdiction and performance is Hamburg.
  41. German law shall exclusively apply.
    Hamburg – February 2024