General terms and conditions of business

AGB of the b-ceed GmbH

Scope

These terms and conditions (hereinafter referred to as GTC) apply to all contracts concluded between b-ceed GmbH (hereinafter referred to as b-ceed) and the Customer. Deviating provisions, also insofar as they are contained in the general terms and conditions of the contractual partner, shall not apply unless they are expressly accepted by b-ceed in writing. In the event that the customer does not agree to the inclusion of the following General Terms and Conditions, an express consent of b-ceed is required for the contract to be concluded in individual cases even without the following General Terms and Conditions. Furthermore, with the beginning of the Covid-19 pandemic, the GTC have been extended by special cancellation and payment conditions, which dynamically adapt to the changing situation in Europe. 

Contractual Partner
b-ceed GmbH (hereinafter referred to as b-ceed)
Managing Directors: Philipp Marvin Müller, Rebecca Lenz
Grondahlsmühle 6-8
D-53881 Euskirchen
Fon: +49 (0)2251 929 330 0
E-Mail: info@b-ceed.de

 

Click here for the imprint

 

1. conclusion of contract

The placing of the order by the customer can be made orally, in writing, by telephone, by fax or by e-mail. The placing of the order can be withdrawn as long as b-ceed has not issued an order confirmation. The contract is concluded by the confirmation of the order by b-ceed, provided that the confirmation corresponds to the content of the order. Otherwise the confirmation is a new offer, which the customer can accept within a period of 7 days to bring about the conclusion of the contract. b-ceed is bound to its offers for 7 days after submission. The text of the contract will not be saved by b-ceed after the conclusion of the contract. The customer will receive a written order confirmation which he has to countersign in order to finalize the contract. The language available for the conclusion of the contract is exclusively German. In individual cases b-ceed can also create orders in English. Invoices, however, will be issued exclusively in German.

 

2. prices and terms of payment

All prices on the website of b-ceed are net prices plus the legally applicable VAT. (currently 19.00%). For individual services, especially the passing on of hotel prices without a separate agency fee, b-ceed exceptionally charges the VAT for accommodation services within Germany (7.00%) 1:1.

The price list or the price information within an offer of b-ceed, which is requested by the customer or retrieved on the website of b-ceed.de or the individual agreement laid down in the order confirmation, is solely decisive for the pricing. Only the prices and conditions laid down in the order confirmation are valid for any invoicing.
By placing an order the customer accepts the requirement to pay a deposit in a certain amount for the placed order. The amount of this depends on the respective project. As far as no specific, deviating regulation has been agreed between b-ceed and the customer, down payments are due as follows.

 

2.1 Event projects including Christmas parties, company outings, team events and workshops:

50% deposit of the order value after placing the order payable within 14 days to three months before the event, depending on the time of placing the order.

 

2.2 Travel within Germany, Europe and around the world:

25% deposit after placing the order, 75% at the latest one month before departure.

 

2.3 Residual payments:

Final payments after the event or trip are due 14 days to 30 days after the end at the latest. Any other terms and conditions on the part of groups or purchasing companies will not be accepted.

 

2.4 Credit assessments and collateral

b-ceed reserves the right to carry out creditworthiness checks within the scope of orders - if the result is not positive according to the usual market value, the full order amount can be demanded as a deposit in individual cases. For checks b-ceed uses the German companies Creditreform as well as Schufa Business Information. This is also connected with a possible complete withdrawal from the contract on the part of b-ceed in case of a non-positive evaluation.

 

2.5 Failure to make a down payment in due time

With each down payment invoice, a payment deadline is stated. This will be reminded with a maximum of one payment reminder and one further reminder. b-ceed reserves the right to cancel the event prior to its commencement until the full payment of the contractual down payment has been made. The associated costs for personnel, implementation and any external services will then be due in full as residual payments and loss.

 

2.6 Failure to make a final payment on time

The terms of payment mentioned under 2.3 apply for final payments, unless otherwise agreed between b-ceed and the Customer in individual cases. The payment deadline will be reminded with a maximum of one payment reminder and a maximum of one reminder. If the Customer then still does not comply with the contractually agreed payment, this case will be forwarded to the collection company or the law firm without further indication.

 

3 Cancellations and withdrawal from the order

3.1 Dissolution
Orders can only be dissolved by mutual agreement between b-ceed and the Customer. If an agreement cannot be reached, the customer has to pay the agreed remuneration less saved expenses irrespective of the use of the service b-ceed. In case of cancellations of projects in receipt of the Covid-19 pandemic, which were booked during this, there are cancellation modalities according to the order, but generally as follows:

Cancellations of the project up to 30 days before start: 50 percent fee of the order value

Cancellations of the project up to 20 days before start: 75 percent fee of the order value

Cancellations of the project up to 7 days before start: 90 percent fee of the order value 

Cancellations of the project within 7 days before the start: 100 percent fee of the order value.

3.2 Reduction or increase in the number of participants

The number of participants specified at the time the order is placed represents the minimum booking basis in most cases. If the number of participants falls below this, the difference in costs will be charged as an agency flat rate. In the event of an increase in the number of participants, this will be decisive for invoicing. In case of an increase of the number of participants, which means more than 10% of the originally stated number of persons, b-ceed reserves the right to issue an additional down payment invoice. Increases in the number of participants must be communicated within seven to four working days at the latest (depending on the event project). At the time of giving information about a changed number of participants, both increased and reduced, there is no guarantee of feasibility. A corresponding confirmation will be given by b-ceed in written form.

 

3.3 Separate cancellation conditions from 2020 for selected projects:

Furthermore, b-ceed grants special cancellation conditions on selected event products, which are exclusively produced by b-ceed. Special cancellation conditions as well as the reduction of participant numbers are at the discretion of b-ceed. and include the following advantages:

  • Nomination of the final number of participants up to 7 days before the start of the event
  • Reduction of the number of participants by max. 20% up to 7 days before the start of the event
  • Cancellation of the entire project possible up to 31 days before start - 50% free of charge
  • Cancellation of the entire project possible up to 7 days before start - 20% free of charge
  • The special conditions do not apply to services provided by third parties (e.g. transport, catering services, artists, etc.).
  • Special insurance benefits with a special right of cancellation of 50% of the event up to 7 days before the start of the event
  • Insurance in the event of bad weather and postponement of the event by payment of an additional, small flat fee
  • The conditions and options are all automatically listed in the respective offers

 

These special conditions, which usually offer advantages for the customer, include the following event products:

 

3.3.1 Creative Events:

Film or video shooting, graffiti workshop, team puzzle painting, bridge building, sculpture workshop.

 

3.3.2 Active Events:

Scavenger hunt on foot or bike (Globe Chaser app), hikes, ranger tour, soap box building.

 

3.3.3 Communication workshops:

Panic Room, Against Time, Improvisational Theatre.

 

3.4 Termination for cause
The contract may be terminated by b-ceed and the Customer at any time for cause without notice. The Customer may terminate the contract at any time without notice in the event of impossibility of performance of the contract due to force majeure or other circumstances for which b-ceed is not responsible, non-performance of a due service by the Customer, improper use of items provided, provision of incorrect or incomplete data, documents, information etc. which are necessary for the performance of the agreed service by the Customer, violations of existing usage and/or house rules, endangering the smooth operation of the business, the security or the reputation of b-ceed, without this being attributable to b-ceed. In case of a justified termination, a possible claim of b-ceed for compensation of a damage incurred by b-ceed remains unaffected.

 

4. data protection

The personal data of the customer are transmitted to b-ceed upon conclusion of a contract. These are then processed and stored according to the legal regulations of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The data will not be passed on to third parties exclusively to the companies involved in the contract processing. The data will be deleted as soon as they are no longer required for billing purposes. The customer has the right to receive free information about the personal data stored about him. Further information on this can be found in the data protection section of our website.

 

5. ticket sales

In the area of ticket sales, b-ceed sells tickets on behalf of the respective organiser as an agent. b-ceed is not itself the organiser of the event offered, unless b-ceed itself is expressly designated as the organiser. Through the purchase of the ticket, contractual relations with regard to the attendance of the event are exclusively established between the customer and the respective organiser. With regard to the execution of the event, the organizer's own general terms and conditions apply.
The payment from the contract is due immediately after conclusion of the contract without deduction. The tickets remain the property of the organiser until payment has been made.

 

5.1 Cancellation or rescheduling by the organizer

In the event of cancellation or rescheduling of the event, the conditions agreed with the organizer shall apply. Warranty and liability claims for the provision of contractual services exist only against the organizer.

 

5.2 Payment of the tickets

Tickets for events are to be paid 100% in advance. A corresponding invoice will be issued after the tickets have been booked. Additionally consumed food, drinks and special services are usually due per invoice after the event.

 

5.3 Number of participants at the time of ticket purchase

The number of tickets purchased is decisive for the planning of the event by the organizer. A reduction in the number of participants is possible, but 100% of the ticket price will be due as a cancellation fee, which has already been paid at the time of ticket booking and payment - refunds for participant cancellations are therefore excluded.

 

6. implementation of events

In the field of event realization b-ceed provides material and services which are necessary for the realization of the ordered event. The scope of services results from the confirmation of order. b-ceed is free in the arrangement of the event, the program and the performances according to the agreed schedule, unless otherwise agreed, and is not subject to any instructions. b-ceed is entitled to commission external services in the name and on account of the customer.

The terms of payment mentioned under point 2 as well as the terms of cancellation mentioned under point 3 apply. Until full payment of the remuneration, b-ceed may demand appropriate securities for the performance.

 

6.1 Artists

When engaging artists via b-ceed, an artists' social security contribution must be paid to the artists' social security fund according to the rates set by the artists' social security fund, which will be invoiced to the customer.

 

6.2 GEMA fees

In the case of existing registration and approval obligations to GEMA (Society for Musical Performing and Mechanical Reproduction Rights), any fees incurred will be charged to the customer.

 

6.3 Additional services and costs

All expenses and outlays of b-ceed, which arise according to the agreement or which are the responsibility of the Customer and which cannot be allocated to a service description in the order confirmation or which go beyond the service description (in particular as a result of program or process changes), will be invoiced according to actual expenditure. The customer may demand proof of the expenditure.

 

6.4 Damage

For damages to persons or things caused by employees or representatives of b-ceed, b-ceed is only liable in case of gross negligence or intent, unless otherwise stipulated by mandatory legal regulations. b-ceed does not assume any liability for objects brought into the event area. Also a liability for the services of the external contractors is excluded, as far as this is not opposed by legal regulations. The operational and personal risk for the proper execution of the event is borne by the customer.

 

6.5 Liability by b-ceed

This also applies to the full extent to the liability for the safety of the representatives and the equipment of b-ceed. b-ceed does not assume any liability for damages of any kind caused by the customer or visitors. In case of culpable non-fulfilment of the contract or culpable breach of contract by b-ceed, b-ceed is only liable up to a maximum of the agreed fee or the value of the order.

 

6.6 Liability of the customer

If the implementation of the event is prevented in whole or in part for reasons for which the customer is responsible, b-ceed retains the right to the agreed remuneration, taking into account what can be saved by exempting the customer from the service and by using its labour elsewhere.

 

6.7 Force majeure

If b-ceed is prevented from providing the service as a result of force majeure, all claims arising from this contract shall lapse. b-ceed shall notify the Customer of the reasons for the impediment immediately after they become known and provide evidence of the impediment on request.

 

6.8 Warranty

The statutory warranty provisions apply with the proviso that the customer is obliged to notify b-ceed immediately if defects are discovered.

If property rights arise through the provision of services in the form of the execution of the event in accordance with the contract, these remain with b-ceed. Unless otherwise agreed, the customer does not acquire any right of use.

 

7. implementation of travel

b-ceed acts as an intermediary company between the customer and the companies responsible for the transport of persons and objects at the destination.

 

7.1 Transport and hotel services

b-ceed offers as an agent travel services by train companies, bus companies as well as by airlines individually or in a package including accommodation. Thereby b-ceed negotiates the best possible prices with hotels in the sense of the customer. For this the customer does not incur any costs in the offer phase and also later the mediation of hotel services is free of charge for customers. b-ceed works worldwide with selected hotel service providers and service providers from the transport sector. b-ceed uses the typical systems for rate fixing and partly uses closed portals in order to achieve the greatest possible advantage for the customer.

 

7.2 Other travel services

Furthermore, b-ceed offers various additional services at the destination of the trip, such as excursions, catering services and other activities. In most cases b-ceed also arranges these services, as this is in the nature of things. In individual cases and especially in the area of team events, b-ceed still makes use of its own portfolio of services and offers these - as far as this is within the realm of feasibility - on its own as an organiser. A possible arrangement with local authorities and institutions is incumbent on b-ceed.

 

7.3 On-site support

b-ceed takes care of the local support and the tour guide for all trips for companies by its own employees from Germany. The support can be provided in German or English. For a small agency fee b-ceed even takes over the tour guide from Germany and picks up the customer at the company or at a specified location if desired. Usually b-ceed and the customer meet at the airport or at the place of departure.

 

7.4 Travel without onsite management

If an on-site support and / or a tour guide is expressly not desired by the customer, this can be contractually stipulated in the individual case. In this case, however, b-ceed assumes no liability for the smooth implementation of the respective trip.

 

7.5 Special provisions

The legal conditions of the respective country as well as those of the travel companies such as airlines, train companies, bus companies, etc. apply. The legal provisions for luggage and passenger transport also apply, which can be requested in detail from the booked transport companies by telephone and / or online or viewed.

 

7.6 Travel insurance certificate

When concluding a travel contract, the terms of payment stated under 2.3 apply. Trips must be paid 100% in advance. With the last invoice the customer will receive the travel insurance certificate for the trip. b-ceed issues this individually for each trip.

 

7.7 Cancellations of trips

Unless otherwise agreed in writing, the cancellation conditions stated under 3 apply. Trips can generally not be cancelled free of charge. Individual factors play an important role here when concluding the travel contract, such as travel class, booking value and special service aspects. We expressly recommend that you take out suitable travel cancellation insurance or travel interruption insurance. However, this is not in the discretion of b-ceed. However, the customer can ask b-ceed for contacts to suitable insurance companies. The same applies to accident and health insurance for employees of the customer. In general, the legal regulations for illness abroad apply.

b-ceed does not assume any liability for damages to persons, material, luggage etc., as this is not the responsibility of b-ceed.

 

8. other provisions

Amendments or supplements to the contract, the acceptance of the application or these GTC for the conclusion of the contract must be made in writing. Unilateral amendments or supplements by the customer are invalid. The invalidity of individual provisions shall not result in the invalidity of the entire GTC. The entire legal and contractual relationship between b-ceed and the customer, who does not have a general place of residence or business in Germany, is exclusively governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. For actions of b-ceed against the customer his domicile is decisive, unless the action is directed against merchants or persons whose domicile or usual place of residence is abroad. In these cases the domicile of b-ceed is decisive.

 

9. special conditions for coaching and training sessions

9.1 General

These terms and conditions apply, unless otherwise stated, to any kind of services such as individual and group coaching, workshops or trainings offered by b-ceed GmbH. Deviations from these GTC`s must be agreed upon in writing. Deviating regulations, also as far as they are contained in the general terms and conditions of the contractual partner, do not apply, unless they are explicitly accepted in writing by b-ceed.

Offers are always made in written form. Information provided orally is not binding.

 

9.2 Offers, fees
The offers are subject to change. The b-ceed GmbH reserves the right to make changes.

For coaching, consulting and training services, the fees specified in the coaching or training agreement will be charged. If the coaching or training takes place outside the cities of Bonn and Euskirchen, additional travel and, if applicable, accommodation costs will be charged, which will be communicated to the client in advance.

As long as there is no confirmation of costs from another source, the client is considered to be the debtor of the coaching or training fee.

 

9.3 Withdrawal from the contract

9.3.1 b-ceed GmbH:

The b-ceed GmbH is entitled to withdraw from the contract in particular:

- if there are not enough registrations for a workshop or event;
- if the event has to be cancelled for reasons beyond the control of b-ceed GmbH. This is the case, for example, in the event of illness/accident or force majeure.

In this case the client will be informed immediately by b-ceed GmbH. In addition, an alternative date will be agreed individually and in consultation.

There is no claim for reimbursement of costs incurred by the customer, such as travel expenses or other expenses incurred by the customer. Also b-ceed GmbH has no legal claim for reimbursement of the incurred travel expenses.

The b-ceed GmbH is explicitly not liable for claims for damages and consequential damages.

 

9.3.2 Contractors:

Cancellations or postponements of an individual coaching session are possible free of charge up to 2 working days before the appointment at the latest. In case of later cancellations, 50% of the agreed fee is to be paid. If the appointment is cancelled or postponed on the agreed day, the full fee is due; the same applies in the case of no-show. This does not apply if it is a case of default through no fault of the client.

The cancellation of group coachings, seminars and workshops can only be accepted in written form (by letter, fax or e-mail). The same cancellation and payment conditions apply as for events, unless special conditions have been agreed between b-ceed and the customer.

 

9.4 Copyright

All documents issued to the client are included in the fee agreed in writing. The documents are intended purely for the personal use of the client / participant; disclosure to third parties and commercial use are not permitted.

The copyright of the concepts and the issued documents belongs solely to b-ceed GmbH. The participant and also the client are not allowed to reproduce the documents and concepts in whole or in part and/or make them accessible to third parties without the written consent of b-ceed GmbH. A publication in extracts or in full is prohibited and can be prosecuted.

 

9.5 General liability

The contracts concluded by b-ceed GmbH are service contracts, unless expressly agreed otherwise. The subject of the contract is therefore the provision of the agreed services, not the achievement of a specific result.

All documentation, as well as advice and information from coaching and workshops, as well as event and travel contracts from b-ceed GmbH have been carefully prepared and checked.

 

9.6 Personality development

The work to promote and develop the personality of clients / participants is carried out to the best of our knowledge and ability. A guarantee of success cannot be given. Liability is excluded. Each client / participant must confirm in writing before the start of the first coaching session that he is in full possession of his mental powers and that (chronic) illnesses or addictions, which can affect the mental stability and thus the health of the client, are excluded.

The dispatch or electronic transmission of any data is at the risk of the client.

 

9.7 Confidentiality / Data Protection
The b-ceed GmbH needs the name, the e-mail address and the address to process the order of the client/participant and to keep him informed about their registration status. The b-ceed GmbH does not make your personal data available to third parties for use, unless this is absolutely necessary for the fulfilment of the contract. The data necessary for the business transaction will be stored.

b-ceed GmbH undertakes to maintain confidentiality towards third parties regarding all operational, business and private matters of the client/participant that become known in the course of the activity, even after the termination of the contract.

Furthermore, b-ceed GmbH undertakes to carefully store the documents and records provided for the purpose of the coaching and trainer activities and to protect them against inspection by third parties.

9.8 Insurance cover
Each client bears full responsibility for him/herself and his/her actions inside and outside the coaching sessions and is responsible for any damage caused. Participation requires a normal mental and physical resilience.

The organizer of seminars, team coaching and workshops is always the client. Therefore, the participants have no insurance coverage by b-ceed GmbH.

 

10 Place of performance and jurisdiction

Place of performance for service and payment is Euskirchen. The place of jurisdiction is the competent local court in Bonn, even if the customer is a registered trader or has no general place of jurisdiction in Germany. The law of the Federal Republic of Germany shall apply.

 

11. final provisions

If any provision of these GTC is or becomes invalid, the remaining provisions of these GTC shall remain in full force and effect.

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