General Terms and Conditions of Destination Management Europa GmbH
1. Scope of application
The following terms and conditions apply to all contracts and pre-contractual relationships in con- nection with the commissioning of Destination Management Europe GmbH (Destination Manage- ment Company / Meeting Incentive Congress Events) and for all related ancillary services or fringe benefits that Destination Management Europe GmbH – hereinafter also referred to as DMC Eu- rope – negotiates with its clients, concludes or provides through third parties.
2. Orders/ Assignments
2.1 In principle, a contract shall only come into effect upon prior written confirmation of the order by DMC Europe. If the order confirmation contains changes to the existing order, the changes shall be deemed accepted if the client does not object to the changes and/or accepts the services of DMC Europe.
2.2. Oral agreements must always be confirmed in writing.
2.3. Irrespective of this, a contract shall be concluded if the client accepts the services of DMC MICE or the DMC Europe services/partial services have actually been provided e.g. by third parties.
2.4. Changes to the order at short notice shall require written confirmation by DMC Europe if they exceed the scope of the order.
2.5. During the execution of an order, the employee or commissioned subcontractor is only entitled to make changes to the order requested by the client if these do not exceed the usual or minor scope. If the client requests a change to the order that is outside the usual scope, the employee or subcontractor must obtain approval for this change to the order by telephone. If this is not possible and the employee or subcontractor agrees to this change, the client will be charged the usual costs for the change. In addition, the client shall be liable for any damage incurred.
3. Benefits/ Services
3.1. DMC Europe generally offers b2b and b2c services for mostly foreign clients. These include, among others:
. The arrangement or booking of hotel accommodation.
. The arrangement or reservation of restaurants
. Limousine and Bus hier
. Support with press releases and public relations work and approaching potential customers.
. The mediation may also include the construction of an exhibition stand.
. The organization of events and workshops.
cher Kunden.
. Or other associated services.
3.2. As these services are usually very individual, it is usually necessary for an interested client to sub-mit a written request to DMC Europe, e.g., by email. This inquiry should possibly also state the objectives to be achieved, time periods and resources to be used. https://dmceuropa.com/
3.3. DMC Europe shall then prepare a provisional offer of services for a limited period of time, includ-ing the necessary costs and fees. Subsequently, possible individual modifications can also be clar-ified by telephone.
Modifikationen auch fernmündlich geklärt werden.
3.4. On the basis of this clarified special desired scope of services, DMC Europe shall prepare a modified offer, which the client must confirm in writing, e.g., by email.
tigen hat.
3.5. The contract shall then come into effect with the order confirmation from DMC Europe.
3.6. DMC Europe shall have the right to withdraw from the contract if the client fails to make the pay-ments or partial payments specified in DMC Europe ‘s offer or fails to meet other specified condi-tions.
3.7. Additional services requested after conclusion of the contract shall be invoiced to a reasonable extent and must be paid for immediately or as part of a supplementary agreement. This can also take the form of a flat fee.
Rechnung gestellt und müssen unverzüglich bzw. im Rahmen einer Zusatzvereinbarung beglichen
werden. Dies kann auch in Form eines Pauschalhonorars erfolgen.
4. Execution of an order
4.1. DMC Europe shall carry out the orders to the best of its knowledge and belief. Unless otherwise agreed, services of an average nature and quality shall be owed.
4.2. DMC Europe shall be entitled to have orders carried out by subcontractors unless expressly agreed otherwise.
4.3. DMC Europe undertake to ensure that the employees or subcontractors have the appropriate li-censing conditions or permits.
4.4. In the event of changes to market conditions or legal regulations that may affect or even actually modify the execution of the order, particularly in the case of longer orders, the client shall be informed of this at an early stage. Should this result in changes to the execution of the order which only insignificantly affect the result of the desired service, the client shall agree to these changes in advance, unless he has expressly rejected such changes as part of the order placement. If the client objects to necessary changes that significantly impair the performance and no agreement is reached on the new procedure, the client shall bear the costs and fees incurred up to that point.
4.5. Furthermore, DMC Europe shall periodically inform the client of the status of the execution of the order, in particular if it concerns measures that affect the client itself.
4.6. DMC Europe shall be entitled to wait with the execution of an order until the client has provided the agreed payments or securities.
5. Remuneration/ Compensation
5.1. As the execution of the respective order involves very individual services, prices e.g., for hotel accommodation can only be regarded as general guidelines.
5.2. Since certain third-party fees may change over a longer period of time, the client agrees to such price adjustments when the order is placed, unless a fixed price has been expressly agreed.
5.3. Otherwise, the final price shall be determined by the order confirmation.
6. Terms of payment
6.1. Payment shall be generally made by credit card, which may also be used as security for possible claims for damages, or by advance payment to the DMC Europe account specified. In the event of payment by credit card, the fee shall be increased by 2.5% (in words: two-point five percent)
6.2. Otherwise, the terms of payment shall be specified in detail in the offer or the order confirmation.
6.3. If the service cannot be provided by DMC Europe for reasons for which the customer is responsi-ble, e.g. if the customer does not fulfill his obligations to cooperate under the contract, or due to force majeure such as pandemic, war or other causes for which DMC Europe is not responsible, DMC Europe ‘s claim to remuneration shall continue to exist in the full amount of the order value. However, the contracting parties shall endeavor to find a goodwill arrangement without legal ob-ligation.
7. Cancellation conditions
7.1. Cancellation conditions depend very much on the order in question, as certain services must be paid for in advance by DMC Europe and therefore cannot be canceled. Cancellation conditions are therefore specified in the respective offer or order confirmation.
7.2. If rooms or other services booked for the client can no longer be canceled by DMC Europe, can-cellation by the client is also not possible.
7.3. Should it be possible for DMC Europe to place the booked order elsewhere, DMC Europe shall reduce the cancellation fees to a reasonable amount to cover the costs incurred as a gesture of goodwill without any legal obligation.
8. Liability and obligations of the client
8.1. The customer undertakes to provide DMC Europe with all data, documents and information nec-essary for the provision of services in good time and, as far as possible, to provide DMC Europe with the necessary data in the order inquiry.
8.2. The client undertakes to handle the booked items with care and respect. All regulations and tech-nical rules applicable to the use of the vehicle must be observed by the client. The client shall ensure that the persons using the services of DMC Europe on behalf of the client exercise the same care and respectful treatment. The contracting parties shall grant each other customer and supplier protection. The clients shall therefore not circumvent DMC Europe by contacting or by-passing the service providers commissioned by DMC Europe to carry out the orders or parts thereof, or which DMC Europe has named to the clients as part of an (possible) order. This also applies to the unauthorized disclosure of this data to third parties. In the event of the unauthor-ized disclosure of contact data or the circumvention of these obligations, the client shall pay a contractual penalty of €50,000.
8.3. The client shall also be liable for damage caused by persons who use the services of DMC Europe on behalf of or with the acquiescence of the client.
9. Liability of DMC EUROPE
9.1. DMC Europe has taken out public liability insurance to cover possible damages. In principle, ref-erence is made to the terms and conditions of this insurance, which can be viewed on the Internet. In addition, DMC Europe shall only be liable for breaches of contract in the event of gross negli-gence and intent, except in the event of injury to life, limb or health and not for indirect damage and loss of profit.
9.2. DMC MICE shall only compensate for property damage incurred by the client due to culpable con-duct on the part of DMC Europe and not covered by DMC Europe ‘s insurance if it does not exceed EUR 1,000.00 and is due to gross negligence or intent. Strict liability in accordance with the Road Traffic Act (StVG) shall remain unaffected by the provisions of Section 9 of these GTC.
9.3. Any liability for delays caused by circumstances beyond the control of DMC Europe is excluded. Claims for damages derived from this are also excluded.
9.4. Damage or potential damage must be reported immediately, but no later than 2 weeks after the damage is discovered (basic exclusion period). When reporting damage, the regulations of the liability insurance of DMC Europe or its employees must be observed. This concern, among other things, the form of the damage report and the evidence to be provided. If it is not possible to report the damage within this period, the client must prove that it was impossible for it to report the damage and that it reported the damage in the required manner immediately after the objec-tive end of the prevention of reporting the damage.
10. Data protection, Confidentiality
10.1. In accordance with Section 33 (1) BDSG, the client is informed that DMC Europe stores and processes the data required to fulfill the contract in machine-readable form. The data will not be passed on to third parties. Further confidentiality agreements can be agreed when the order is placed.
10.2. In all other respects, the client’s information shall be treated confidentially.
11. Severability Clause
Should a provision be invalid or should there be a loophole in the contract, this shall not render the remaining provisions invalid. The invalid provision or loophole shall be replaced by the legally permissible provision that best corresponds to the meaning of the contract.
12. Place of fulfillment, Place of jurisdiction, Miscellaneous
12.1. The place of performance is Berlin or the agreed place of performance.
12.2. The place of jurisdiction is exclusively the Charlottenburg – Berlin Local Court, unless another place of jurisdiction is mandatory. This also applies to all disputes with merchants, legal entities under public law or with persons and clients who do not have a general place of business in Ger-many.
12.3. German law shall apply exclusively unless the law of another country is mandatory.
12.4. DMC Europe has the right to constantly adapt the GTC, in particular to new legal framework conditions. In principle, the current GTC shall apply at the time the respective contract is con-cluded.
13. Area of application
We, DMC Europe, take the protection of your personal data seriously and protect your privacy when processing it in accordance with the applicable data protection regulations. This privacy policy informs you as a visitor to the DMC Europe websites, as a user or client of the DMC Europe online platform, a DMC Europe app or other DMC Europe services (about which of your personal data is processed by DMC Europe and for what purpose. DMC Europe services are not in-tended for minors or persons without legal capacity.
Name and contact details
Responsible for data processing within the meaning of the General Data Protection Regulation
(GDPR) is :
Destination Management Europa GMBH
HRB 254053 B – Berlin Charlottenburg – GF: Mr. Ömer Topcu
Brandenburgische Str. 35 -10707 Berlin -Deutschland
E-Mail: info@dmceuropa.com Web: www.dcmeuropa.com
Weitere Informationen zu Destination Management Europa GmbH finden Sie im Impressum:
https://dmceuropa.com/impressum/