GENERAL TERMS AND CONDITIONS

The following terms and conditions are presented to the customers by 3Vent and shall become content of all contractual agreements and business ventures.

1. General

1.1 The following “General Terms and Conditions” apply to events, activities and other services. Hereby 3Vents Media S.L. objects explicitly to any regulations of a contract partner, which deviates from the aforementioned terms and conditions. All supplemental agreements require the written form and approval by 3Vents Media S.L. 3Vents Media S.L. is authorized to amend or supplement these General Terms and Conditions, including any potential appendixes within an adequate termination time-frame at any time.

1.2 3Vents Media S.L. provides services based on these General Terms and Conditions. You agree to these General Terms and Conditions by utilizing these services or by placing an order with 3Vents Media S.L.

2. Copyright and Rights of Use

2.1 All ideas, presentations, concepts, plans, work and layouts created by 3Vents Media S.L. are and shall remain the intellectual property of 3Vents Media S.L.

2.1.1 The events created by 3Vents Media S.L. are intended for use by the contractual partner exclusively. Processing, use, reproduction and commercial distribution is authorized only with 3Vents Media S.L.’s explicit consent as the originator. Implementing the conceptual work is restricted to 3Vents Media S.L. exclusively.

2.1.2 If an order is not placed with 3Vents Media S.L., the party who requested the services is obliged to refrain from using the ideas, suggestions, concepts, layouts, images and texts discussed within the scope of this collaboration.

2.2 Extended use, transfer to third parties, partial or entire implementation of the ideas suggestions, concepts, layouts, images and texts discussed within the scope of collaboration require the consent of 3Vents Media S.L. and prior agreement of suitable compensation without exceptions.

2.3 3Vents Media S.L. is entitled to document any production on audio/visual carrier and use the photos, videos and recordings as well as other technical reproductions derived from the contractual agreement for its own advertising purposes or distribute and publish the aforementioned without restrictions to spatial, objective and chronological areas of application.

2.4 The contractual parties shall authorize each other to publish press releases. Upon request, 3Vents Media S.L. must be identified by name as the originator and executing agency in publications.

3. Terms of Payment

3.1 3Vents Media S.L. shall prepare a proper invoice. All prices charged for agency services are net prices. Discounts do not apply. The total amount, unless otherwise agreed upon, must be paid in full without deductions:

•    50% of the total order amount upon placing the order
•    50% of the total order amount 14 days prior to the event
•    Potentially incurred supplemental costs within 14 days of project conclusion

3.2  If the customer requests a proposal (presentation) by 3Vents Media S.L., which does not result in a subsequent order or if the event does not occur (regardless of the reason), the agency is authorized to charge an appropriate fee for its services in an amount previously outlined in the agreement, if possible.

3.3 All expenditures incurred by 3Vents Media S.L., for which 3Vents Media S.L. is not responsible, will, be billed in accordance with the incurred expenses as outlined in the service description.

3.3.1 All services not included in the service description must be compensated by the customer even if 3Vents Media S.L. does not enlist services of third parties and provides the respective service by using its own employees. 3Vents Media S.L. is authorized to utilize its own employees to perform duties/tasks which could have been delegated to third parties on behalf and at the expense of the customer, and charge the customer accordingly.

3.4 3Vents Media S.L. is authorized to charge late fees and applicable default interest in the event of arrears.

4. Implementation and Organization

4.1 Each event is based on a concept accepted by the contractual party and a detailed service description, a cost schedule and a legal agreement such as a contract agreed to by the customer. The implementation and preparation of an event is based on these fundamentals. Essential modifications shall be coordinated with the customer in writing.

4.2 3Vents Media S.L. is permitted to prepare the contents of the event, program and presentation in accordance with the agreed to plan. 3Vents Media S.L. is not subject to artistic directives of a third party.

4.3 Sub-contracts necessary to implement and execute this contract shall be extended on behalf of and under the customer’s name. The customer shall authorize 3Vents Media S.L. to execute all contracts necessary or deemed appropriate for the implementation of this contract on the customers behalf. 3Vents Media S.L. is authorized to instruct suppliers contracted by the customer to provide services for the event on behalf of the customer.

4.4 If implementation of the event is obstructed in any way, in part or in its entirety, due to the customer’s fault, 3Vents Media S.L. reserves the right to charge 20% of the total value. However, 3Vents Media S.L. will agree to deduct non-incurred expense resulting from cancelled services and purchases by utilizing its manpower otherwise, or services it maliciously neglects to acquire. The customer shall assume the risk of inclement weather for open-air events.

4.4.1  In the event implementation of the event is obstructed, due to circumstances beyond the contractual parties’ control, e.g. higher power, unforeseeable events (fire, strike, lockouts, terrorism etc.), 3Vents Media S.L. is entitled to collect the fees accrued in accordance with the payment schedule. 3Vents Media S.L. is entitled to appropriate partial fee compensation for services provided after the previous pro-rated payment in accordance with the payment schedule has been rendered.

4.5 In the event the contractual partner withdraws from the contract (regardless of the reason), or modifies existing contracts (such as reducing the scope of services) the contractual partner agrees to pay 3Vents Media S.L. for expenditures incurred up to this date in the amount of the agreed on hourly rate as well as additional cash expenses, or 20% of the respective contract value.

4.6 The customer is authorized to terminate the contractual agreement with 3Vents Media S.L. at any time. However, in the event of premature contract termination, the customer agrees to pay the agreed upon compensation minus the amount saved due to premature contract termination.

4.6.1 3Vents Media S.L. has the right to terminate the contract if the customer has not rendered payment of the agreed upon partial rates by the due date.

5. Liability

5.1 3Vents Media S.L. is only liable for damages to persons or property caused by 3Vents Media S.L. employees if the aforementioned resulted from negligent or intentional actions, unless mandatory legal regulations stipulate otherwise.

5.1.1 3Vents Media S.L. is not liable for damages caused by participant, regardless of the nature.

5.2 In the event of culpable non-fulfillment of the contract or culpable violation of the contractual agreement 3Vents Media S.L. is only liable to the extent of the agreed upon compensation. Claims for additional damages 3Vents Media S.L. are herewith excluded. In the event of culpable contract violations by the customer, 3Vents Media S.L. is released from its obligation to conduct the event. 3Vents Media S.L. is not liable for the commercial success of the event.

5.3 3Vents Media S.L. is not liable for performance and/or willingness to perform services as well as service defaults of third party contractors and/or their sub-contractors, this includes the timely performance of services by these individuals or other service defaults which may occur within the scope of third party contractual agreements. The previous liability exemptions are valid only if mandated legal regulations do not stipulate otherwise or the service default cannot be attributed to intended or gross negligence by 3Vents Media S.L.

5.4 3Vents Media S.L. must assess the legal reliability as well as the professional and artistic viability of measures developed by 3Vents Media S.L. with the diligence of a proper business entity. 3Vents Media S.L. is not liable for implementing measures under a customer’s directive, despite previously voiced concerns. In this case, the customer is obliged to hold 3Vents Media S.L. harmless of third party rights which may be claimed against 3Vents Media S.L. due to the aforementioned facts.

5.4.1  If 3Vents Media S.L. enters contracts with third parties within the scope of fulfillment of this contract on behalf of the customer, the contractual duties are limited to the selection of the respective contractual partner and the execution of the respective contract with consideration of the limitations imposed by this contract. 3Vents Media S.L. is not obligated to monitor such contracts. These third parties, contracted by 3Vents Media S.L. the customer’s behalf are not considered sub-contractors of 3Vents Media S.L.

5.5 Insignificant amendments of services by 3Vents Media S.L., or its service providers do not entitle the customer to reduce compensation or withdraw from the contract.

5.6 If transportation is provided within the scope of an excursion/event, or in addition to the aforementioned, it is considered an external service in which  3Vents Media S.L. only functions as a broker. In this case 3Vents Media S.L. is not liable for service defaults, personal or property damages. The possible liability in this case, is regulated by the transportation regulations of these companies. The traveling party/participant is hereby explicitly advised by 3Vents Media S.L. Upon request the corresponding documentation will be made accessible.

5.7 Participation in sport- and leisure activities arranged by 3Vents Media S.L. is the sole responsibility of the traveling party/participant. Sports facilities, equipment and vehicles should be inspected prior to use. 3Vents Media S.L only accepts liability for accident resulting from sport- and other leisure activities in the event of intentional or gross negligence. 3Vents Media S.L. recommends obtaining accident insurance.

6. Offsetting- and Withholding Rights

6.1 If the customer is a general merchant, legal entity or a special property under public law, withholding payment by the customer is only permissible for customer claims approved by 3Vents Media S.L., this also applies to offsetting the aforementioned.

6.2 An offsetting or withholding claim by the customer is only authorized if the claims against 3Vents Media S.L. have been determined undisputable or legally binding. Withholding payment is not authorized if the withholding claim pertains to a different contractual agreement.

7. Other Provisions

7.1 Both contractual parties agree to confidentiality within the scope of collaboration.

7.2 Both contractual parties agree to refrain from providing information regarding the agreed upon compensation to third parties.

7.3 Please notify 3Vents Media S.L. of all violations regarding these General Terms and Conditions. However, 3Vents Media S.L. does not guarantee that any measures will be taken.

7.4 3Vents Media S.L.’s renunciation , to exercise or assert a right or regulation of these General Terms and Conditions does not constitute a waiver of this right or regulation.

7.5 If these General Terms and Conditions are translated into a foreign language the German version of the General Terms and Conditions shall prevail in the event of lingual obscurities.

7.6 These General Terms and Conditions only address the general frame-work conditions. Additional segments will be documented separately upon contract conclusion.

8. Insurance
To ensure the safety of traveling parties/participants we recommend obtaining a cancellation protection insurance policy, as well as sufficient accident-, liability- and health insurance policies (foreign country travel protection package), prior to travel begin.

9. Final Provisions

9.1 If one of the contractual provisions is, or should become invalid, the validity of the contract shall remain unaffected. The contractual parties shall replace the invalid provision with a valid provision that reflects the economic intent and purpose of this contract.

9.2 Verbal agreements are not considered valid. Amendments and supplemental agreements to this contract require the written form.

9.3 This agreement, as well as the entire legal aspect amongst contractual partners is subject to Spanish law.

9.4 The exclusive legal venue for disputes resulting directly or indirectly from this contract – and to the extent permissible – location of fulfillment and legal domicile is the headquarters of the 3Vents Media S.L. agency, regardless which one of the contractual partners files a claim.

3Vents Media S.L. 
C./ Batista, 34
07015 Palma de Mallorca
Islas Baleares - España

Fon: + 34 971 703 252
Mob: + 34 671 352 321

Geschäftsführung: Claudia Babczynski

 3Vents » GTC