AGB
1 contractual partner
1.1 The following general terms and conditions for events and business apply to contractual relationships between Michael Hubertz, Ringstraße 28, D-54662 Herfort (hereinafter referred to as DJ-MCFLY) and the contractual partners (hereinafter referred to as the organiser).
1.2 The subject of the contract is the service as a disc jockey and the rental of event technology. For the details of the respective service, reference is made to the service description in the offer / order.
2 offer
Offers from DJ-MCFLY, verbally and in writing (telephone / email) are always non-binding and subject to change. Deviations from illustrations and descriptions, as well as typographical, printing, calculation errors and mistakes are reserved. The offers made lose their validity after 4 weeks and must be requested again if necessary.
3 Conclusion of Contract
A contract between the organizer and DJ-MCFLY is concluded as soon as the organizer confirms a booking and the organizer has received a written order confirmation (e-mail) from DJ-MCFLY. With the conclusion of the contract, both parties accept these general terms and conditions. The contract is also binding for the legal successor of the contracting parties.
4 Terms of Payment
Payment is only made directly to DJ-MCFLY. No collection of sales tax, as small business owners within the meaning of §19 of the UStG.
In order to make a binding reservation for an appointment, a reservation fee of 20% deposit is due.
The following payment methods are accepted:
4.1 Cash payment; The total amount is to be paid in cash at the end of the event.
4.2 Bank transfer prior to the event; The total amount to be expected (basic package any additional hours any additional options booked) must be paid up to one week before the event. Any additional additional hours that may arise must be paid in cash at the end of the event.
4.4 Transfer after the event; A transfer after invoicing is only possible for corporate customers. Payment is due immediately upon receipt of the invoice and must be paid within 14 days of receipt of the invoice without deduction.
5 cancellations
Withdrawal (cancellations) from the contract by the organizer is possible in writing or by e-mail.
A reservation fee is non-refundable. Cancellation costs calculated as follows:
| If the organizer cancels his booking: | instead of the total remuneration, a flat-rate cancellation fee of: |
|---|---|
| outside the statutory cancellation period (14 days) | 20% reservation fee, no additional cancellation costs |
| within 8 weeks before the event date | 50% of the total amount |
| within 4 weeks before the event date | 80% of the total amount |
| within 2 weeks before the event date | 100% of the total amount |
The notification of withdrawal must be made as early as possible. The time of receipt at DJ-MCFLY applies to the time of receipt of the withdrawal.
6 Right of Withdrawal
The organizer can revoke his contractual declaration within 2 weeks without giving reasons in writing or by e-mail. The right of withdrawal expires prematurely if DJ-MCFLY has started to perform the service with the consent of the organizer before the end of the withdrawal period.
7 Default
In the event of a performance disruption on the part of DJ-MCFLY due to important reasons (e.g. illness, accident, death in the family), the organizer must be informed immediately about the failure and the underlying circumstances. DJ-MCFLY is obliged to organize an equivalent replacement for the event as quickly as possible without incurring any additional costs for the organizer. If a replacement can no longer be obligated, the fee and the obligation to perform shall no longer apply. In this case, further claims by the organizer, in particular any claims for damages, are excluded.
8 Cancellation of the event
If the event is canceled due to force majeure (e.g. official order in the event of a pandemic, earthquake, strikes, hostage-taking, war, unrest, natural disasters), both parties are released from their obligations. Paid reservation fee will not be refunded. The organizer is responsible for any travel and hotel costs or cancellation fees that have already been paid.
If the event is canceled due to bad weather, a police order or energy problems, or if the cancellation of the event is due to reasons on the part of the organizer (e.g. the event location, the guests or the organizer himself), the right to the agreed remuneration remains . Claims for damages by the organizer in the event of the event being canceled by DJ-MCFLY are excluded unless they arose from intent or gross negligence on the part of DJ-MCFLY.
9 Permissions and registrations (GEMA)
The organizer is obliged to obtain all permits and registrations (GEMA). The organizer bears the costs for this himself. The organizer releases DJ-MCFLY from any claims asserted by authorities and/or third parties due to missing permits or unfulfilled conditions.
If it is a 'public' event, the organizer is responsible for registering and paying GEMA fees. Events in the closest family or circle of friends, e.g. B. Birthday parties and weddings are generally 'not public' and are therefore not subject to GEMA's obligation to pay remuneration. The organizer can find out how 'public' or 'non-public' is defined on the GEMA website.
10 Arrival
10.1 If the venue is more than 150 km from DJ-MCFLY's place of residence, the organizer will provide the DJ with an entry or exit. Double room (category 3 stars) including breakfast, available free of charge. DJ-MCFLY waives accommodation unless the order confirmation explicitly refers to the overnight stay.
10.2 The organizer has to ensure that the journey, before and after the event, is given directly to the event location for loading and unloading.
10.3 Furthermore, it must be ensured that DJ-MCFLY has a free parking space in the immediate vicinity of the event location for the duration of the event.
11 special features at the venue
11.1 The organizer guarantees the performance at the venue and ensures that DJ-MCFLY has free access to the premises at the agreed time.
11.2 The organizer must provide a stable power supply. A normal 220 V socket is required, a maximum of 5 m away from the DJ place.
11.3 In the case of an open-air event, the organizer alone bears the risk of the weather. The workplace must have a solid surface and be covered and dry. The organizer must ensure that the equipment and power connections provided by DJ-MCFLY are sufficiently rainproof. If the safety of persons or equipment cannot be guaranteed, DJ-MCFLY is entitled to switch off the system until sufficient safety is ensured without DJ-MCFLY defaulting on its performance.
11.4 If a stage is set up, it must be stable and safe. In the event of non-compliance, the performance can be refused, whereby the right to the agreed remuneration remains.
11.5 DJ-MCFLY will be provided with sufficient non-alcoholic drinks free of charge during the event.
12 light and sound system
12.1 DJ-MCFLY guarantees high-quality equipment that meets the highest requirements. For organizational reasons, however, the system may differ from the photos shown on our website.
12.2 The organizer or the guests have no authority to operate the DJ technology independently without permission.
13 season
The playing time begins and ends at the times specified in the order. A spontaneous extension is possible during the performance in agreement between DJ-MCFLY and the organizer under the conditions stated in the offer. The playing of music is decisive for a performance fulfillment. If the end of the event is foreseeable, DJ-MCFLY can already begin to provide additional equipment such as lighting and cables. The end of the playing time to be billed is to be equated with the switching off of the music.
14 music selection
14.1 DJ-MCFLY is free in the design of its music program and incorporates its experience in the selection of music accordingly.
14.2 The organizer has the opportunity to send musical preferences and music requests before the event.
14.3 During the event, organizers and guests have the opportunity to submit music requests. However, DJ-MCFLY is entitled to reject music requests.
15 Advertisement
15.1 DJ-MCFLY provides the organizer with logo and image material for advertising purposes after consultation. DJ-MCFLY is entitled to advertise the events with the organizer's logo and image material.
15.2 DJ-MCFLY transfers the right to the organizer to make video and photo recordings at the event and to reproduce and publish the image material obtained for PR and advertising purposes.
15.3 DJ-MCFLY has the right to make video and photo recordings at the event and to reproduce and publish the image material obtained for PR and advertising purposes (for example on its website).
15.4 The organizer must point out any recordings and obtain consent. Every data subject has the right to revoke their consent to recordings at any time and without giving reasons and to the deletion and non-distribution of the image material.
16 Privacy
DJ-MCFLY collects, stores and processes data in connection with the initiation, conclusion and execution of a contract based on these General Terms and Conditions. This is done within the framework of the legal provisions. DJ-MCFLY does not pass on any of the organizer's personal data to third parties unless he is legally obliged to do so or the organizer has given his prior express consent. If a third party is used for services in connection with processing, the provisions of the Federal Data Protection Act are observed. The data provided by the organizer in the course of the booking will only be used to establish contact within the framework of contract processing and only for the purpose for which the organizer has made the data available. The payment data will be passed on to the bank responsible for the payment. Insofar as the provider is subject to retention periods of a commercial or tax nature, the storage of some data can last up to ten years.
At the request of the organizer, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the organizer is possible. The organizer can contact DJ-MCFLY for questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use.
A data protection declaration in accordance with (DSGVO) can be accessed at any time on the website www.dj-mcfly.com.
17 Liability
17.1 The organizer is solely liable for personal injury and damage to property during an event, insofar as the damage was not caused by grossly negligent or intentional behavior on the part of DJ-MCFLY.
17.2 The organizer is liable for damage to DJ-MCFLY equipment caused by guests during an event.
17.3 The organizer releases DJ-MCFLY from any claims by third parties.
17.4 If DJ-MCFLY is unable to provide the agreed services due to circumstances and external influences for which he is not responsible (force majeure, natural disasters, official orders, operational disruptions at the organiser, power failure, etc.), the organizer has no right to withdraw from the contract, no Right to compensation, no right to withhold payment.
17.5 In the case of events that last several days or are set up the day before the event and the equipment therefore has to be set up at the event location, the organizer is liable for the entire technology of DJ-MCFLY during this time.
18 Language, Jurisdiction and Governing Law
The contract will be drawn up in German. The further execution of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. The place of jurisdiction for any legal disputes is exclusively Bitburg.
Stand: 20. April 2021
