Terms & Conditions
General terms and conditions of adebar GmbH
1. organizer
The organizer is adebar GmbH, Jagdhaus 7b, 18375 Wieck/Darss. Please read the following event and payment conditions, which regulate the legal relationship between you and us, carefully. With your signature or with the signature of your legal representative, these event conditions are also fully recognized for the participants registered through you and are therefore part of the contract.
2nd pass | Visa, health and other regulations
For day trips to neighboring countries or trips to a foreign location, please note the passport / visa and health regulations of the respective travel country. The customer is responsible for observing the customs and currency regulations of the countries visited.
3. Registration | Confirmation | pay
Registrations must always be sent in writing by letter, scan or fax to adebar GmbH, Jagdhaus 7b, 18375 Wieck. It is also carried out by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations, provided that he has accepted a corresponding separate obligation by express or implied declaration. After signing the contract, the customer immediately receives a written order confirmation. If the content of the confirmation deviates from the content of the contract, adebar GmbH has made a new offer to which adebar GmbH is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the contractual partner declares acceptance within the commitment period adebar. Upon conclusion of the contract, 60% of the contract amount is due. The remaining amount is due 6 weeks before the event. Variable costs are due after the event, 8 days after invoicing.
4. Services | Prices
Which services are contractually agreed results from the service descriptions of the respective special offer and the information relating to this in the calculation. The information contained in the offer and in the calculation is binding for adebar GmbH. However, adebar GmbH reserves the right to declare a change to the offer details for objectively justified, significant and unforeseeable reasons before the conclusion of the contract, about which the customer will of course be informed before booking.
Our prices are gross prices. We are subject to the special regulations for travel agencies in accordance with Articles 306 – 310 of Directive 2006/112/EC (MwStSystRL). Accordingly, no input tax can be claimed from the prices of our tied service providers. According to § 25 UStG, our prices are only subject to input tax deduction to a limited extent
In the event of a change / supplement / delay / extension / of services, these costs will be adjusted or recalculated.
From the 3rd version of the creation of an offer and/or a graphic layout, we reserve the right to recalculate the costs depending on the effort.
We are happy to take on the research and arrange a suitable location for your lunch and/or dinner in a restaurant. Please note that we calculate this effort with a handling fee of 15% on the net amount of the F&B. The costs for drinks and food can only be precisely defined after the selection.
Changes to the service and/or the number of participants lead to a recalculation of the offer/contract price and do not automatically lead to a price reduction. For example, individual services cannot be booked at the same conditions. This must be calculated separately.
GEMA fees and KSK costs (artists' social security fund) are determined by adebar on the basis of the bindingly booked services and key data of your event and invoiced to you with the final invoice.
Any costs incurred for travel to and from the hotel, accommodation and meals for the adebar team and booked service partners are at the expense of the client and will be invoiced with the final invoice.
The rights to the photos are owned by adebar GmbH / Photographs may not be used commercially and may not be forwarded to third parties without prior consultation. Unless other agreements have been made. Please note that the photos in presentations and offers are sample images.
5. Location | Furniture | decoration
The rented furniture / decoration will be accepted immediately after assembly. Notifications of defects after a later period are not objectionable.
Should the case arise that no acceptance takes place, the decoration / rental furniture / location is deemed to have been accepted without objection. Damage to or loss of the materials provided by adebar are to be compensated by the customer.
The event location/delivery location must be freely accessible, any waiting times will be calculated on the basis of a post-calculation.
In principle, the items offered are not weatherproof. When used outdoors, damage may occur due to moisture, for example. We will have to charge you for any costs incurred as a result. For outdoor events, please coordinate the equipment with us.
In order to ensure smooth assembly and dismantling in your interest, the location must be freely accessible for the employees. If routes have to be bridged using a freight elevator and/or stairs, we need the exact dimensions of the elevators in advance (entrance width/height and interior dimensions). Exclusive and unrestricted use of these lifts must be guaranteed, waiting times must be avoided.
6. Ship Rental
We recommend taking out event cancellation insurance.
Adverse weather conditions, accidents or circumstances that could endanger the safety of people and ship can cause the ship's command to change destinations and ports of departure and arrival, to interrupt the trip, to carry out repairs, to return early and to postpone departure and arrival times appropriately . The costs will not be reimbursed in the above cases.
The execution of the event is primarily subject to the safety of people and material. If the performance cannot be guaranteed due to force majeure or external circumstances for which adebar GmbH is not responsible (e.g. storms from wind force 6, high water, failure of the ship, mechanical failure, etc.), the organizer will endeavor to find an alternative event in coordination with the customer. The costs will not be reimbursed.
The participants are covered by passenger liability insurance, whereby each participant is responsible for his own actions and safety on board.
If damage is caused by the customer's actions on board, this must be paid for by the customer.
7. Service and Price Changes
Changes or deviations of individual services from the agreed content of the contract, which become necessary after the conclusion of the contract and which were not brought about by adebar GmbH contrary to good faith, are only permitted if the changes or deviations are not significant and do not affect the overall design of the booked event .
Any warranty claims remain unaffected insofar as the changed services are defective. adebar GmbH is obliged to inform the customer immediately of any changes or deviations in service. If necessary, adebar GmbH will offer the customer a free rebooking or a free cancellation.
adebar GmbH reserves the right to change the prices advertised and confirmed with the booking in the event of an increase in transport costs or charges for certain services, such as port or airport fees or a change in the exchange rates applicable to the event in question, to the extent that the increase in transport costs or the charges for certain services per person or per seat affects the contract price if there are more than 4 months between the conclusion of the contract, the order confirmation from the customer and the agreed date of the event. In the event of a contractual change in the contract price or a change in an essential travel service, adebar GmbH must inform the customer immediately, but no later than by the start of the event. Price increases after this point in time are not permitted.
8. Failure of performance | Force majeure
If we are unable to provide the service in whole or in part due to force majeure, war, riots, terrorist attacks or other objectively unavoidable circumstances for which we are not responsible, in particular due to restrictions under the Infection Protection Act or general federal, state or local regulations, pandemics, epidemics, natural disasters , do not perform or if the service is mutually postponed due to such a circumstance, we are entitled to compensation for the parts of the services performed in accordance with paragraph 4. There is no mutual obligation to compensate for other damages.
The services performed are to be billed according to the contract prices and the costs that we have already incurred and are included in the contract prices for the part of the service that has not been performed must also be reimbursed. If the services are postponed by mutual agreement, the payment made will be credited to the contract price as a deposit.
9. Pandemic situation
We point out the uncertainties of the current pandemic situation for the Covid-19 infection. It is unclear how long the restrictions will continue to apply. In addition, there may be new restrictions from the authorities at any time, which may jeopardize the implementation of the event / provision of the service or make it impossible.
If we are unable to carry out the event / service in whole or in part due to new official orders, No. 8 applies accordingly.
10. Withdrawal by the customer
The contractual partner can withdraw before the start of the event. For organizational reasons, cancellation should always be in writing. The receipt of the declaration of withdrawal by adebar GmbH is decisive. If the customer withdraws from the contract or does not attend the event, adebar GmbH can demand compensation for the measures taken for the event and for its expenses. When calculating the compensation, expenses saved and possible other uses of the event services are generally to be taken into account. The compensation that adebar GmbH can claim depends on the time of cancellation before the start of the event and is calculated as a percentage of the contract price as follows:
Cancellation Fees:
– up to 12 weeks before the event: 30% of the contract price
– up to 10 weeks before the event: 40% of the contract price
– up to 8 weeks before the event: 50% of the contract amount
– up to 6 weeks before the event: 70% of the contract price
– up to 4 weeks before the event: 80% of the contract price
– 2% of the contract price up to 90 weeks before the event
– from the 13th day before the event: 100% of the contract price
The customer is free to prove to adebar GmbH that no damage or a significantly lower damage than the flat rate requested by him has occurred.
adebar GmbH reserves the right to demand higher, specific compensation instead of the above flat rates if adebar GmbH proves that it has incurred significantly higher expenses than the applicable flat rates. In this case, adebar GmbH is obliged to specifically quantify and document the compensation requested, taking into account the expenses saved and any other use of the travel service.
11. Hotel Services
Deviating from the cancellation conditions of the company adebar, the conditions for hotel services apply separately, these are defined in the event contract.
12. Postponement of the service/event
A postponement of the event requires the written agreement of the contractual partners.
Should the prices increase for the new event date, adebar GmbH is entitled to adjust the price. If the customer later withdraws from the postponed event / service, the cancellation periods that have expired up to that point at the time of the written agreement in accordance with No. 10 apply.
13. Termination by adebar GmbH
adebar GmbH can terminate the event contract before the start of the event or after the start of the event without observing a period of notice if the contractual partner persistently disrupts the execution of the event despite a warning from adebar GmbH or if he behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified.
If adebar GmbH cancels, it retains the right to the contract price: however, it must allow for the value of the saved expenses and those benefits that it gains from using the unused services for other purposes.
14. Liability adebar GmbH
adebar GmbH is liable for damage resulting from injury to life, limb or health that is based on a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user; as well as for other damages based on a grossly negligent breach of duty by the user or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user.
Liability in the event of a slightly negligent breach of a contractual obligation is limited to other direct damage (property or financial damage) to the reasonably foreseeable damage that is typical for the contract. Moreover, liability is excluded. This also applies to damage or loss of performance that occurs in cases of force majeure.
15. Baggage Carriage
Luggage is transported to the normal extent, which means one suitcase and one piece of hand luggage per person. Deviations from this require the prior written consent of adebar GmbH. Baggage and other items taken along, especially valuables, must be supervised by the participant himself when changing trains. Adebar GmbH is not liable for items carried by the traveller, in particular valuables.
16. Duty to Cooperate
In the event of defects, the contractual partner is obliged to inform adebar GmbH of his complaints immediately. The adebar GmbH crew accepts the notice of defects to be provided by the contractual partner. Written form is recommended. If the participant cannot reach the adebar GmbH crew, they must contact adebar GmbH, Jagdhaus 7b, 18375 Wieck/Darß, Tel: 038233/62517, Fax 038233/62519. The contractual partner is also obliged to cooperate in the event of disruptions to performance within the framework of the statutory obligation to mitigate damage, to avoid damage or to minimize it. Before terminating the event contract, the contractual partner must set adebar GmbH a reasonable period of time to remedy the situation, unless the remedy is impossible or if the immediate termination of the contract is justified by a special interest of the contractual partner.
17. Exclusion of Claims / Statute of Limitations
Claims of the traveler according to §§ 651 cf BGB from injury to life, limb or health, which are based on an intentional or negligent breach of duty by adebar GmbH or a legal representative or his vicarious agents, become statute-barred after two years. This also applies to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by the tour operator or a legal representative or vicarious agent of the tour operator.
All other claims according to §§ 651 cf BGB expire in one year.
18. Trip Cancellation Insurance
adebar GmbH expressly advises the contractual partner of the possibility of taking out travel cancellation insurance and/or insurance to cover repatriation costs in the event of an accident or illness.
19. Severance clause
If it turns out that one or more conditions of the concluded contract or the present terms and conditions are or become invalid, invalid or unenforceable, the contract or the other conditions remain valid in other respects. Insofar as these terms and conditions are incomplete or are or become wholly or partially ineffective, the statutory provisions shall apply
20. Choice of Law and Venue
German law applies exclusively to the contractual relationship between the customer and adebar GmbH. This also applies to the entire legal relationship.
Insofar as German law is not applied in the case of customer complaints against adebar GmbH abroad for the liability of the tour operator, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of claims by the customer.
The place of jurisdiction for all legal disputes is the registered office of adebar GmbH.
The above provisions on the choice of law and place of jurisdiction do not apply
a) if and insofar as international agreements that are applicable to the travel contract between the customer or adebar GmbH result in something else in favor of the customer from contractually non-mandatory provisions or
b) if and insofar as non-mandatory provisions applicable to the travel contract in the EU member state to which the customer belongs are more favorable for the customer than the regulations in these travel conditions or the applicable German regulations.
21. Consumer Dispute Resolution
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board i. s.d. Participate in the Consumer Dispute Settlement Act (VBSRG). The arbitration board would be the universal arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de). We refer to the platform of the EU Commission for online dispute resolution. You can reach them at www.ec.europa.eu/consumers/odr.
Wieck a. Darss 10.06.2020/XNUMX/XNUMX