General Business Terms of Teamgeist Mitte

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§ 1 - Performance obligations

The scope of the contractual obligation is drawn exclusively from the performance description in the binding offer from Teamgeist Mitte GmbH and / or the particulars stated in the booking confirmation in accordance with all information and explanations contained within it. Changes and additions to the agreement documents by the customer represent a new offer to Teamgeist Mitte GmbH and require for their validity the signed confirmation of Teamgeist Mitte GmbH. Statements in the brochures have no effect on the agreement.

Any collateral agreements with our staff which alter or broaden the scope of our contractual performance require our signed confirmation for their validation.

§ 2 - Method of payment and due dates

Payment is made by bank transfer to the account of:

Teamgeist Mitte GmbH

VR Bank Rhein-Mosel eG

IBAN: DE09 5766 2263 0001 9206 34

BIC / SWIFT: GENODED1MPO

A deposit of 50% of the contractually agreed service price is due immediately after conclusion of the agreement. The customer receives an appropriate invoice. The deposit is deducted from the final total cost of the contractually agreed service.

The remaining amount of the agreed total sum is invoiced after the event and is to be settled in full by the date stated in the invoice. If no settlement date is stated, payment is due no later than 14 days after receipt of the invoice by the customer.

Should the customer delay payment, Teamgeist Mitte GmbH reserves the right, if the customer has applied beforehand, without success, for an extended due payment period, to terminate the agreement and demand compensation.

Teamgeist Mitte GmbH can waive its service obligations if the customer fails to fulfill obligations on his part.

The customer has the right to offsets by counterclaim only with regard to legally established claims. The customer is exclusively entitled, regarding such legally valid established claims, to retention of funds.

§ 3 - Changes to the number of participants and time frame

Changes to the number of participants, meeting places or times must be reported to Teamgeist Mitte GmbH in written form, by fax or Email.

Increase in the number of participants:

An increase in the number of participants after conclusion of the agreement must be agreed with Teamgeist Mitte GmbH. In the case of an increase in the number of participants the agreed price is calculated on the actual number of participants.

Reduction of the number of participants:

A reduction in the number of participants of less than 10% of the number of participants entered at the conclusion of the agreement may be possible without charges if made 14 days before the event begins. The agreed price will then be calculated according to the number of participants.

In the case of a reduction in the number of participants of 10% or more of the number of participants entered at the conclusion of the agreement, Teamgeist Mitte GmbH will, under consideration of the attendant cost savings, offer the following compensation for participant cancellations:

up to 90 days before commencement of services, 30% of the agreed participant price

up to 60 days before commencement of services, 40% of the agreed participant price

up to 30 days before commencement of services, 60% of the agreed participant price

up to 14 days before commencement of services, 80% of the agreed participant price.

In the event of a later change in the number of participants, the total price will apply.

The due date for any participant cancellation is based on receipt of notice of participant cancellation by Teamgeist Mitte GmbH.

The customer is free to raise proof of reduced costs and expenses, a lower profit and / or higher actual savings by Teamgeist Mitte GmbH. The customer is responsible for providing this proof.

Teamgeist Mitte GmbH reserves the right to make changes to the program if the performance of individual services is not feasible due to changes in the number of participants.

§ 4 - Services not called on

Should the customer not call on individual event services following a premature return journey or for other reasons, Teamgeist Mitte GmbH will endeavour to refund the saving in expenses. This obligation however does not apply if it concerns only minor services or if it concerns a refund under legal or official definitions. Should no expenses have been spared, the total service price is to be paid by the customer. A cancellation by the customer due to weather conditions is essentially inadmissible if, in the estimation of Teamgeist Mitte GmbH, the event could safely take place.

If the customer is responsible for a late arrival, there can be no claim on behalf of the customer for an extension of the service / event / activity. This applies in particular if the customer has booked a definite time frame. Teamgeist Mitte GmbH will nevertheless in this case make every effort to render the contractually agreed service in full. However, should this result in extra costs for Teamgeist Mitte GmbH, these are to be made good by the customer.

§ 5 - Cancellation

If the customer is responsible for a protracted interruption of the performance program / event or if he behaves in a manner contrary to the agreement, he will receive notice that Teamgeist Mitte GmbH is entitled to terminate the agreement immediately. Teamgeist Mitte GmbH can in such cases terminate the agreement with immediate effect. Should Teamgeist Mitte GmbH cancel an event, it reserves the right to claim for the full service price and any attendant costs resulting from a demand for repayment from the customer himself. Teamgeist Mitte GmbH must however factor in the saved expenses as well as any advantages arising from an alternative use of such services that were not called on by the customer, including the sums refunded to service providers.

Teamgeist Mitte GmbH is regrettably not covered in cases of unforeseen circumstances. Should the event / program, following conclusion of the agreement with all due care, be seriously hampered, endangered or impeded by unforeseen or unpredictable force majeure (e.g. extraordinary road conditions likely to be a danger to traffic, inclement weather conditions, difficulties in obtaining necessary materials, strikes, unforeseeable official regulations or other unexpected interruption of services etc.), then either the customer or Teamgeist Mitte GmbH can cancel the event. In the case of a cancellation, Teamgeist Mitte GmbH is to receive suitable recompense for any services already rendered.

The right to extraordinary cancellation on other important grounds remains unaffected.

§ 6 - Rights in case of deficiencies

If services are not rendered in accordance with the agreement, the customer must first request a remedy and set a time limit. Complaints are - as far as is possible - to be aired on site and without delay with the Teamgeist Mitte GmbH representative. Teamgeist Mitte GmbH can refuse a remedy if it calls for action above and beyond the terms of agreement. Teamgeist Mitte GmbH can also offer a remedy that provides an alternative service of the same value.

If no remedy is possible, the customer can, for the duration of a service rendered outside of the agreed terms, demand a suitable price adjustment (reduction). The claim for a reduction does not however apply if the customer neglects to report the deficiency promptly.

Should the customer require a reduced fee due to an alleged deficiency in the service, the reasons must be presented in a reasonable form.

If the service is degraded by inclement weather conditions, no claim for a reduction, refund or damages can apply. Teamgeist Mitte GmbH is however committed to adapting the program as far as is possible to the weather conditions. Should Teamgeist Mitte GmbH organize an alternative program at the request of the customer, any costs for the changes will be invoiced to the customer. If the customer wishes to forego the service due to inclement weather conditions, despite the estimation of Teamgeist Mitte GmbH that it could nevertheless be staged, no refund will apply.

Claims of unsatisfactory service must be made by the customer to Teamgeist Mitte GmbH at the latest one month after the agreed completion date of the service in order to be valid. At the end of the period the customer can only make a valid claim if he has been prevented through circumstances beyond his control from observing the deadline. The period for recourse begins on the day after the agreed event took place.

§ 7 - Liability and limitation of liability

The liability of Teamgeist Mitte GmbH to the customer for damages is limited to the sum of the agreed fee of Teamgeist Mitte GmbH, insofar as it applies to a case of injury to life, limb or health, through neither intention nor negligence; in all other cases through neither gross negligence nor intention caused by Teamgeist Mitte GmbH. This does not apply to negligence of a contractual obligation and any obligation in which a party places particular trust.

It is agreed between Teamgeist Mitte GmbH and the customer that the use of Teamgeist Mitte GmbH services is basically at one's own risk.

For failures relating to services which Teamgeist Mitte GmbH simply has arranged as extraneous services and designated as such, Teamgeist Mitte GmbH can only be held liable for participation as advisor in these events for the choice and instruction of the third party according to regulations and, where applicable, insofar as this party is not qualified as instrumental for the purposes of § 278 BGB. The customer is entitled to directly validate the claim, which Teamgeist Mitte GmbH brings against the third party in this context: Teamgeist Mitte GmbH will make all claims against this third party on behalf of the customer and undertakes the bringing of all necessary actions.

Teamgeist Mitte GmbH accepts no liability for materials, equipment, accommodation and location provided by the customer or third party for the staging of events. In this case the customer exempts Teamgeist Mitte GmbH from any liability claims from the customer or participants against Teamgeist Mitte GmbH.

Teamgeist Mitte GmbH accepts no liability for transfer delays resulting from traffic conditions if these are not due to gross negligence or otherwise intentionally caused by Teamgeist Mitte GmbH. Additional items are carried at the risk of the customer in the event location, on board the boats or at the station. Teamgeist Mitte GmbH accepts no liability for loss or damage.

Teamgeist Mitte GmbH also declares expressly that no liability will be accepted in any case for damage to items which the participants bring with them during the active programs. This applies in particular to jewelry, mobile phones, laptop computers, photo cameras and camcorders. The limitation on liability does not apply to malicious intent or gross negligence on the part of Teamgeist Mitte GmbH.

Teamgeist Mitte GmbH assumes that all participants are generally physically fit enough to take part. Any special health problems should be reported in writing in advance by the customer.

§ 8 - Copyright

Seminar documents, teaching material, individually prepared formulations and offers are subject to copyright. They may only be used personally by the participants / customers and for their occupational purposes. Duplication, editing, distribution and transfer require the permission of Teamgeist Mitte GmbH. The same applies to contents made electronically accessible by participants.

§ 9 - Offers and formulations

Offers and formulations, prepared by Teamgeist Mitte GmbH for the customer are as a rule cost free and non-binding. For individually prepared offers Teamgeist Mitte GmbH can charge a fee based on the cost of preparation. If applicable, this is invoiced and added to the agreement.

§ 10 - Tabtour - particular points

If the Tabtour program is impaired or proves impossible due to a breakdown on the part of the mobile phone service provider, the customer has no claim for a refund of the event costs or other compensation. Teamgeist Mitte GmbH accepts no liability for problems caused by the mobile phone service provider!

§ 11 – Event Pictures & Videos

Upon request the Teamgeist Mitte GmbH will take photos / videos during the event on which the event’s participants will be depicted. Teamgeist Mitte GmbH will provide a link to a secured online gallery for the client’s / employer’s review for ca. 14 days after the event. The client/ employer is solely responsible to ensuring that all participants of the event agree with the photos / videos in accordance with the legal requirements for data protection and / or that each participant has given his consent to the photos / videos.

The customer / client is solely responsible for the continued use of the photos / videos in accordance with such consent. Upon request, the customer / client of Teamgeist Mitte GmbH will provide proof of such consent.

Should a participant object to the photos / videos or the provision of the data, Teamgeist Mitte GmbH will immediately stop the production of the photos / videos in consultation with the customer / client or immediately cease to make the data available and delete the photos / videos subsequently. The customer / client must exempt Teamgeist Mitte GmbH from any concurring disadvantages.

§ 12 - Concluding definitions

All disputes caused by or relating to services from Teamgeist Mitte GmbH will - as far as permitted - be processed in Berlin as the place of jurisdiction.

German Law will prevail exclusively in all matters concerning the entire legal and contractual relationship between Teamgeist Mitte GmbH and the customer.

The invalidity of individual definitions in the agreement does not represent the invalidity of the entire agreement. The parties to the agreement will in such cases replace any invalid clause with one that is acceptable to both parties.

§ 13 – Special features remote events

1. In the case of all remote events, or events and services in which online services are offered to the customer, in which the customer or other persons join together via software for video and/or telephone meetings, the customer shall bear sole responsibility for ensuring that the data protection of all persons of the customer involved is protected to the required extent and that all persons involved are informed in advance of any data protection aspects that may be required.

2. No participant shall be obliged to tolerate any image, video or audio recordings of him/herself at such meetings and shall be advised by the customer that his/her personal rights shall be protected, in particular by switching off the microphone and/or camera functions of the computers used. All participants must also be informed that they themselves may not make any picture, video or audio recordings of the remote events.

3. For its part, Teamgeist Mitte GmbH will only process and, in particular, store such data from remote events in this context for as long as this is necessary for the proper fulfillment of the contract or is required by law. Teamgeist Mitte GmbH will only make image, video or audio recordings if each data subject expressly declares his or her consent to this and to the purpose thereby communicated.  

4. It is pointed out to the customer that the successful execution of remote events depends on the availability of the software used for this purpose on the one hand and a sufficient internet connection of the participants on the other hand. Insofar as Teamgeist Mitte GmbH has no influence on this or the software and Internet connection are provided by the customer or third parties, Teamgeist Mitte GmbH cannot be held liable for any malfunctions. In particular, Teamgeist Mitte GmbH cannot be held liable in this respect; the customer alone bears the liability risk.   


Berlin, issued Dec. 2020

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