Terms

General Terms & Conditions for use in transactions with service providers. Status: March 2014


1. General information

The company MICE Service GmbH offers its clients intermediary services, participant management and strategic MICE management. The following provisions govern the contractual relations between the company MICE Service GmbH and the service provider. Deviating, conflicting or additional terms and conditions of the service provider, even if known, are not a part of the contract unless their validity has been expressly agreed in writing.


2. Subject of the contract/contractual cooperation

First option offers (acceptance period) are held on guaranteed first option. Options may not be shortened or cancelled without prior consultation with MICE Service GmbH. After the option lapses, the offer expires and the service provider may offer the services elsewhere without further consultation with MICE Service GmbH. The option period always ends at 20:00 hrs on the respective day. 

There are two forms of cooperation between MICE Service GmbH and the service provider:

2.1. MICE Service GmbH acting as an intermediary

The service contract is concluded between the organizer and the service provider. MICE Service GmbH acts solely as an intermediary for the organizer and not on its own behalf. The service provider is responsible for submitting any claims resulting from the service contract directly to the organizer. The booking becomes valid with the organizer’s signature. The method of payment (total invoice/self-payers) is agreed upon between the organizer and the service provider. When the invoice is sent to the organizer, MICE Service GmbH receives at the same time an invoice copy from the service provider; confidential data such as for instance credit card details may be blacked out. In addition, the service provider informs MICE Service GmbH about the number of self-payers.

2.2. MICE Service GmbH acting as a representative

MICE Service GmbH concludes contracts with service providers on the organizer’s behalf, i.e. the organizer remains the service provider’s contractual partner. MICE Service GmbH acts as a representative, signing on behalf of the organizer. The contract – as before – is concluded directly between the service provider and the organizer. MICE Service GmbH supports the service provider and the organizer with the financial processing relating to the contracts in cooperation with Lufthansa AirPlus Servicekarten GmbH (AirPlus) and American Express. If the service provider has entered into a corresponding acceptance agreement ("AirPlus Merchant Agreement") with AirPlus, this forms the basis of financial processing of the contracts concluded between the service provider and the organizer.

MICE Service GmbH verifies in cooperation with AirPlus whether the credit risk for a respective organizer can be underwritten. If this is the case, AirPlus undertakes ¬– in accordance with the underlying conditions of the acceptance agreement – to settle the confirmed demand. If AirPlus underwrites the credit risk for the organizer, the service provider agrees to waive a deposit payment except in cases where pre-services are rendered (for instance third party services which must be paid for in advance by the service provider). The service provider will be informed if the credit risk cannot be underwritten. If the time period between the booking and the event begin is longer than four weeks, the decision whether to grant the approval/authorization code will be made at the latest three weeks prior to event begin. If this time period is shorter than three weeks, the decision is made as soon as possible. If the credit risk has not been underwritten, the service provider is entitled to assert any demands resulting from the contract directly to the organizer, demand a deposit from the organizer or withdraw from the contract. If the claims of the service provider have been settled on the basis of the acceptance agreement ("AirPlus Merchant Agreement"), the service provider herewith assigns all claims to the total invoice amount for the respective event to MICE Service GmbH. MICE Service GmbH herewith accepts the assignment.

If AirPlus is involved in the payment processing of an event, the service provider is obliged to provide MICE Service GmbH with a pro-forma invoice (not entitled to pre-tax deduction) as soon as possible and no later than 14 days after the event.


3. Commission Agreement (on service provider’s own services) This agreement applies to all events which have been confirmed in writing by MICE Service GmbH after 1 June 2012. The service provider is obliged to pay MICE Service GmbH a commission on the gross amounts (add. VAT). The following rates (plus VAT) are considered as agreed:

Commission type rate hotels/locations/caterers

  • Accommodation 10%
  • Conference arrangements/packages 10%
  • F&B services (if listed on total invoice) 10%
  • Technology, venue space, rents 10 %
Commission type rate other service providers
  • Contracted services 10%
3.1. Service providers with an acceptance agreement ("AirPlus Merchant Agreement") with AirPlus: The commission rate is reduced from 10% to 8% (plus VAT) of gross amount for contract clients whose events are processed by AirPlus. The basis of the commissionable figure is the gross amount (plus VAT) billed to the organizer and self-payers. Payments for damages (cancellation fees) are also subject to commission.The commission is solely payable to MICE Service GmbH and never to third parties. In the event of a breach of contract such as withdrawal or booking transfer by the hotel, MICE Service GmbH’s claim for commission will remain unaffected. Any entitlement to commission is subject to settlement of the servicer provider’s claim. Partial settlement will result in a pro-rata entitlement to commission. 4. Withdrawal of the organizer/cancellation  Unless otherwise agreed in the contract, the following MICE Service GmbH cancellation terms apply:The hotel/location grants the organizer a right of withdrawal in accordance with the following terms. If the General Terms & Conditions of the hotel/location offer customers more favourable terms or procedures that are common practice, these more favourable terms shall apply. During certain peak times (e.g. trade fairs) special provisions and terms may be agreed. The organizer informs the hotel/location of the final number of participants no later than three working days prior to event begin. If fewer participants than booked arrive and the discrepancy is not greater than 10% (commercially rounded), the organizer shall be billed according to the actual number of participants. Discrepancies beyond this shall be borne by the organizer. If more participants than booked arrive, the actual number of participants shall be billed. 4.1. The following terms apply to events with up to 25 rooms (per night):  The organizer is entitled to withdraw from a booking free of charge up to 22 days prior to the event. In the event of cancellation after this period, the organizer shall bear the cancellation costs if the hotel/location is unable to re-let the booked facilities.  
  • 21 to 15 days prior to event begin:
25% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
  • 14 to 8 days prior to event begin: 50% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
  • 7 to 0 days prior to event begin: 80% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
4.2. The following terms apply to events with up to 50 rooms (per night):The organizer is entitled to withdraw from a booking free of charge up to 29 days prior to the event. In the event of cancellation after this period, the organizer shall bear the cancellation costs if the hotel/location is unable to re-let the booked facilities.  
  • 28 to 22 days prior to event begin:
25% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
  • 21 to 8 days prior to event begin: 50% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
  • 7 to 0 days prior to event begin: 80% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
4.3. The following terms apply to events with 51 and more rooms (per night):  The organizer is entitled to withdraw from a booking free of charge up to 36 days prior to the event. In the event of cancellation after this period, the organizer shall bear the cancellation costs if the hotel/location is unable to re-let the booked facilities.  
  • 35 to 29 days prior to event begin:
25% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
  • 28 to 15 days prior to event begin: 50% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
  • 14 to 0 days prior to event begin: 80% of the contractually agreed amount for the event (use of venue, rooms and provision of food and beverages).
The contractually agreed amount is calculated according to the agreed number of participants and services as per contract. The average is the basis for calculating a from/to specification. If no amount for food and beverages has been contractually agreed, the basis for calculation is the package rate for the least expensive three-course meal in the applicable event offer. When calculating the respective free cancellation volume, amounts are rounded up or down after the first decimal place. Withdrawal from the contract by the organizer (cancellation) must be given in writing or text form (§ 126b BGB). If the hotel is notified of an event cancellation, the terms of the German Hotel Association (IHA) apply. 4.4. The terms of the German Hotel Association (IHA) apply to events with more than 100 rooms (per night). 4.5. The withdrawal of the hotel/location is governed by the terms of the German Hotel Association (IHA).  5. LiabilityMICE Service GmbH is not liable for any damages incurred by the organizer, the organizer’s guests or third parties. The service provider shall assert any such claims directly to the organizer or those responsible for the damages. MICE Service GmbH shall not underwrite the credit risk of the organizer or the organizer’s guests. MICE Service GmbH shall inform the service provider immediately of any known facts which may cast doubt on the organizer’s creditworthiness.This notwithstanding, MICE Service GmbH shall assume liability solely for own damages incurred to the service provider due to intent or gross negligence and in as far as legal provision provides for mandatory liability. In cases of simple negligence, MICE Service GmbH shall be liable only to a maximum amount of EUR 5,000.00 for a single damage event, with a maximum of EUR 20,000.00 for all damage events resulting from the contract. MICE Service GmbH excludes any liability for financial loss/loss of profit, insofar as this has not been incurred intentionally or by gross negligence or legal provision provides for mandatory liability.6. Other termsDeviations from the GT&Cs must be documented in writing. The service provider shall undertake not to pass on to third parties any client information (name etc.) gathered during the offer process in connection with the cooperation with Mice Service GmbH.The service provider shall undertake not to encourage any organizer procured as part of the offer process or any organizer inquiring through MICE Service GmbH to make direct bookings.MICE Service GmbH retains the right to download and use free of charge photographs, graphics and logos from the hotel’s website for the purpose of customer contact. The service provider may only offset own claims against those of MICE Service GmbH if these claims are undisputed or legally binding. A right of retention on the service provider’s part is excluded.7. General provisionsAmendments and additions are effective in writing only and must be signed by both parties. All previously existing contracts between the parties shall be replaced by the present General Terms & Conditions. Place of execution and jurisdiction for any disputes resulting from this contract is, if compatible, the seat of MICE Service GmbH. This contract is governed by German law. If any provision is not legally valid or loses its legal effect through a later circumstance or should a loophole be ascertained, the validity of the remaining provisions shall remain unaffected. The ineffective or invalid provision shall be replaced or the loophole filled by an appropriate stipulation within the law which comes as close as possible to what the parties would have intended had they considered this point.MICE Service GmbH reserves the right to change the GT&Cs. Amendments will be published on the MICE Service GmbH website. No separate notification of amendments will occur. The service provider recognizes notification of amendments in this manner as sufficient. Further information about authorized representatives and the company’s legal address can be found in the legal notice. These General Terms & Conditions have been translated from the German original for information purposes only. In the event of dispute, the German version is binding.

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