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These Terms and Conditions (hereinafter GTC) shall apply to all contracts concluded between Bright & Epic Europe GmbH (hereinafter Bright & Epic Europe GmbH) and the Customer. Deviating provisions, also to the extent they are contained in the general terms and conditions of the contractual partner, shall not apply unless they are expressly accepted by Bright & Epic Europe GmbH in writing. In the event that the customer does not agree to the inclusion of the following General Terms and Conditions, Bright & Epic Europe GmbH must expressly agree that the contract shall be concluded in the individual case even without the following General Terms and Conditions. In addition, with the onset of the Covid-19 pandemic, the GTC have been extended by special cancellation and payment conditions, which are dynamically adapted to the changing situation in Europe.
Contractual partner
Bright & Epic Europe GmbH
Managing directors: Philipp Marvin Müller, Rebecca Lenz
Grondahlsmühle 6-8
D-53881 Euskirchen
Fon: +49 (0)2251 929 330 0
E-Mail: hello@brightandepic.com
Click here for the imprint
The order may be placed by the customer orally, in writing, by telephone, by fax or by e-mail. The order may be withdrawn as long as Bright & Epic Europe GmbH has not issued an order confirmation. The contract shall be concluded by Bright & Epic Europe GmbH's confirmation of the order, provided that the confirmation corresponds to the content of the order placement. Otherwise, the confirmation shall constitute a new offer which the customer may accept within a period of 7 days in order to bring about the conclusion of the contract. Bright & Epic Europe GmbH shall be bound by its offers for 7 days after submission. The text of the contract shall not be stored by Bright & Epic Europe GmbH after the conclusion of the contract. The customer shall receive a written order confirmation, which the customer must then countersign in order for the order to be finally concluded. The language available for the conclusion of the contract is exclusively German. In individual cases, Bright & Epic Europe GmbH may also prepare orders in English. Invoices, however, shall be issued exclusively in German.
All prices on the website of Bright & Epic Europe GmbH are net prices plus the legally applicable VAT (currently 19.00%). For individual services, in particular the passing on of hotel prices without a separate agency fee, Bright & Epic Europe GmbH shall, as an exception, pass on the VAT for overnight accommodation services within Germany (7.00%) on a 1:1 basis.
The price list or the price information within an offer of Bright & Epic Europe GmbH requested by the customer or retrieved from the website of Bright & Epic Europe GmbH.de or the individual agreement set out in the order confirmation shall be solely authoritative for pricing. Only the prices and conditions set out in the order confirmation shall apply to any invoicing.
By placing an order, the client accepts the requirement to make a down payment of a certain amount for the order placed. The amount of this depends on the respective project. Unless otherwise agreed between Bright & Epic Europe GmbH and the customer, down payments shall be 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
Bright & Epic Europe GmbH reserves the right to carry out creditworthiness checks within the scope of orders - if the result is not positive in accordance with the usual market value, the full order amount may be demanded as a down payment in individual cases. Bright & Epic Europe GmbH shall use the German companies Creditreform and Schufa Business Information for checks. This is also associated with a possible complete withdrawal from the contract on the part of Bright & Epic Europe GmbH in the event of a non-positive assessment.
2.5 Failure to make a down payment in due time
A payment deadline is stated with each down payment invoice. This will be reminded with a maximum of one payment reminder and a further reminder. Bright & Epic Europe GmbH reserves the right to cancel the event prior to its commencement until the contractual deposit has been paid in full. The associated cancellation costs for personnel, implementation and any external services shall then be due in full as residual payments and cancellation.
2.6 Failure to make a final payment on time
The terms of payment for residual payments set out under 2.3 shall apply unless otherwise mutually agreed between Bright & Epic Europe GmbH and the Customer in individual cases. The payment deadline shall 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.
3.1 Dissolution
Orders may only be dissolved by mutual agreement between Bright & Epic Europe GmbH and the customer. If an agreement cannot be reached, the customer shall pay Bright & Epic Europe GmbH the agreed remuneration less any expenses saved, irrespective of the use of the service. In the event of cancellations of projects in receipt of the Covid-19 pandemic booked during the same, cancellation modalities exist in accordance with 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 determined at the time the order is placed is in most cases the minimum booking basis. 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 the event of an increase in the number of participants that is greater than 10% of the originally stated number of persons, Bright & Epic Europe GmbH reserves the right to issue an additional down payment invoice. Increases in the number of participants must be notified no later than seven to four working days (depending on the event project). At the time of notification of a change in the number of participants, whether increased or reduced, there is no guarantee of feasibility. Bright & Epic Europe GmbH will confirm this in writing.
3.3 Separate cancellation conditions from 2020 for selected projects:
In addition, Bright & Epic Europe GmbH grants special cancellation conditions on selected event products that originate exclusively from Bright & Epic Europe GmbH's own production. Special cancellation conditions and reductions in the number of participants are at the discretion of Bright & Epic Europe GmbH and include the following benefits:
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 good cause
The contract may be terminated by Bright & Epic Europe GmbH and the customer at any time for good cause without notice. The contract may be terminated by Bright & Epic Europe GmbH for good cause in the following cases: impossibility of performance of the contract due to force majeure or other circumstances for which Bright & Epic Europe GmbH is not responsible, non-performance of a due service by the customer, improper use of items provided, provision by the customer of incorrect or incomplete data, documents, information, etc., which are necessary for the performance of the agreed service, violations of existing rules of use and/or house rules, endangerment of the smooth operation of the business, the security or the reputation of Bright & Epic Europe GmbH, without this being attributable to Bright & Epic Europe GmbH. In the event of justified termination, any claim of Bright & Epic Europe GmbH for compensation for any damage incurred by Bright & Epic Europe GmbH shall remain unaffected.
The customer's personal data shall be transmitted to Bright & Epic Europe GmbH upon conclusion of a contract. This data is then processed and stored in accordance with the statutory provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The data will not be passed on to third parties other than the companies involved in the processing of the contract. The data will be deleted as soon as they are no longer required for billing purposes. The customer has the right to receive information free of charge about the personal data stored about him. Further information on this can be found in the data protection section of our website.
In the area of ticket sales, Bright & Epic Europe GmbH sells tickets on behalf of the respective organiser as an agent. Bright & Epic Europe GmbH is not itself the organiser of the event offered, unless Bright & Epic Europe GmbH is expressly designated as the organiser itself. Through the purchase of the ticket, contractual relations with regard to the attendance of the event shall be established exclusively between the customer and the respective organiser. The Organiser's own General Terms and Conditions shall apply with regard to the performance of the event.
Payment under 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.
In the area of event implementation, Bright & Epic Europe GmbH shall provide material and services which are necessary for the implementation of the event commissioned. The scope of services is set out in the order confirmation. Unless otherwise agreed, Bright & Epic Europe GmbH shall be free to organise the event, the programme and the performances in accordance with the agreed schedule and shall not be subject to any instructions. Bright & Epic Europe GmbH shall be entitled to commission external services in the name and for the account of the customer.
The terms of payment stated under point 2 and the terms of cancellation stated under point 3 shall apply. Until full payment of the remuneration, Bright & Epic Europe GmbH may demand appropriate securities for the performance.
6.1 Artists
When engaging artists via Bright & Epic Europe GmbH, an artists' social security contribution must be paid to the artists' social security fund in accordance with 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 Bright & Epic Europe GmbH incurred in accordance with the agreement or for which the customer is responsible 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 programme or process changes) shall be invoiced according to actual expenditure. The customer may demand proof of the expenditure.
6.4 Damage
Bright & Epic Europe GmbH shall only be liable for damage to persons or property caused by employees or agents of Bright & Epic Europe GmbH in the event of gross negligence or intent, subject to mandatory statutory provisions to the contrary. Bright & Epic Europe GmbH shall not assume any liability for objects brought into the event area. Liability for the services of external contractors shall also be excluded, insofar as this does not conflict with statutory provisions. The operational and personal risk for the proper execution of the event shall be borne by the customer. The same applies to liability for damage to persons and material for which Bright & Epic Europe GmbH is not directly responsible (see item 6.6 Liability of the customer).
6.5 Liability by Bright & Epic Europe GmbH
This also applies in full to the liability for the safety of Bright & Epic Europe GmbH's agents and equipment. Bright & Epic Europe GmbH accepts no liability whatsoever for damage of any kind caused by the customer or visitors. In the event of culpable non-performance of the contract or culpable breach of contract by Bright & Epic Europe GmbH, Bright & Epic Europe GmbH shall only be liable up to a maximum of the agreed fee or the value of the order.
6.6 Liability of the customer
If the performance of the event is thwarted in whole or in part for reasons for which the customer is responsible, Bright & Epic Europe GmbH shall retain the claim to the agreed remuneration, taking into account what can be saved by exempting the customer from the performance and by using its manpower elsewhere. Furthermore, the customer shall assume liability for material and physical damage to employees of Bright & Epic Europe GmbH, provided that such damage is caused by local conditions and Bright & Epic Europe GmbH is not responsible for such damage. This also applies to event spaces and locations that have been booked by the customer. Any claims for damages shall be asserted by Bright & Epic Europe GmbH in such cases. Due to the direct, contractual agreement between Bright & Epic Europe GmbH and the customer, who is the organizer in this case, these claims are also exclusively directed against the customer and not against third parties, such as the location owner.
6.7 Force majeure
If Bright & Epic Europe GmbH is prevented from providing the service as a result of force majeure, all claims under this contract shall lapse. Bright & Epic Europe GmbH shall notify the customer of the reasons for the impediment without undue delay after they become known and provide evidence thereof upon request.
6.8 Warranty
The statutory warranty provisions shall apply with the proviso that the customer shall be obliged to notify Bright & Epic Europe GmbH without undue delay if defects are detected.
If property rights arise through the provision of services in the form of the performance of events in accordance with the contract, they shall remain with Bright & Epic Europe GmbH. Unless otherwise agreed, the customer shall not acquire any right of use.
Bright & Epic Europe GmbH acts as an intermediary company between the customer and the companies responsible at the destination and for the transport of the persons and objects.
7.1 Transport and hotel services
As an agent, Bright & Epic Europe GmbH offers travel services through train companies, bus companies and airlines, either individually or as a package including accommodation. Bright & Epic Europe GmbH negotiates the best possible prices with hotels on behalf of the customer. In return, the customer does not incur any costs during the offer phase and the arrangement of hotel services is also free of charge for customers later on. Bright & Epic Europe GmbH works worldwide with selected hotel service providers and service providers from the transport sector. Bright & Epic Europe GmbH makes use of the typical rate fixing systems and partly uses closed portals in order to achieve the greatest possible advantage for the customer.
7.2 Other travel services
Furthermore, Bright & Epic Europe GmbH offers various additional services at the destination of the trip, such as excursions, catering services and other activities. In most cases, Bright & Epic Europe GmbH also arranges these services, as this is in the nature of things. In individual cases, and especially in the area of team events, Bright & Epic Europe GmbH continues to make use of its own portfolio of services and offers these - insofar as this is within the realm of feasibility - on its own as organiser. Any consultation with local authorities and institutions is the responsibility of Bright & Epic Europe GmbH.
7.3 On-site support
Bright & Epic Europe GmbH takes care of the on-site support and the tour guide for all trips for companies with its own staff from Germany. The support can be provided in German or English. For a small agency fee, Bright & Epic Europe GmbH even takes care of the tour guide from Germany and, if desired, picks up the customer at the company or at a specified location. As a rule, Bright & Epic Europe GmbH and the customer meet at the airport or at the place of departure.
7.4 Travel without onsite management
If on-site support and / or a tour guide is expressly not desired by the customer, this can be contractually stipulated in individual cases. In this case, however, Bright & Epic Europe GmbH shall not assume any 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 for 100% in advance. With the last invoice, the customer receives the travel insurance certificate for the trip. Bright & Epic Europe GmbH issues this individually for each trip.
7.7 Cancellations of trips
Unless otherwise agreed in writing, the cancellation conditions stated under 3 apply. In general, trips cannot 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 at the discretion of Bright & Epic Europe GmbH. However, the customer can ask Bright & Epic Europe GmbH for contacts to suitable insurance companies. The same applies to accident and health insurance for the customer's employees. In general, the statutory regulations for illness abroad apply.
Bright & Epic Europe GmbH does not accept any liability for damage to persons, material, luggage, etc., as this is not the responsibility of Bright & Epic Europe GmbH.
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 Bright & Epic Europe GmbH and the customer, who does not have a general place of residence or business in Germany, shall be governed exclusively 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 Bright & Epic Europe GmbH against the customer, the customer's place of residence shall be decisive, unless the action is directed against merchants or persons whose place of residence or habitual abode is abroad. In such cases, the registered office of Bright & Epic Europe GmbH shall be decisive.
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 Bright & Epic Europe GmbH. Deviations from these GTC`s must be agreed in writing. Deviating provisions, including those contained in the general terms and conditions of the contractual partner, shall not apply unless they are expressly accepted in writing by Bright & Epic Europe GmbH.
Offers are always made in written form. Information provided orally is not binding.
9.2 Offers, fees
The offers are subject to change. Bright & Epic Europe 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 Bright & Epic Europe GmbH:
Bright & Epic Europe GmbH shall be 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 for which Bright & Epic Europe GmbH is not responsible. This is the case, for example, in the event of illness/accident or force majeure.
In this case, the client shall be notified immediately by Bright & Epic Europe GmbH. In addition, an alternative date will be agreed individually and in consultation.
The customer shall have no claim to reimbursement of any costs incurred, such as travel expenses or other expenses incurred by the customer. Bright & Epic Europe GmbH also has no legal claim to reimbursement of the travel costs incurred.
Bright & Epic Europe GmbH is expressly 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.
Cancellation of group coaching, seminars and workshops can only be accepted in written form (by letter, fax or e-mail). The same cancellation conditions and payment conditions apply as for events, unless separate conditions have been agreed between Bright & Epic Europe GmbH 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 to the concepts and the documents issued belongs solely to Bright & Epic Europe GmbH. The participant and also the client are not permitted to reproduce the documents and concepts in whole or in part and/or make them accessible to third parties without the written consent of Bright & Epic Europe GmbH GmbH. Publication in part or in full is prohibited and may result in criminal prosecution.
9.5 General liability
The contracts concluded by Bright & Epic Europe GmbH are service contracts unless expressly agreed otherwise. The object 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 Bright & Epic Europe 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
Bright & Epic Europe GmbH requires the name, email address and address to process the client's/participant's order and to keep them informed of their registration status. Bright & Epic Europe 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.
Bright & Epic Europe GmbH undertakes to maintain confidentiality vis-à-vis 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, Bright & Epic Europe 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 normal mental and physical resilience.
The organiser of seminars, team coaching and workshops is always the client. Participants therefore have no insurance cover from Bright & Epic Europe GmbH.
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.
If any provision of these GTC is or becomes invalid, the remaining provisions of these GTC shall remain in full force and effect.
