General Terms and Conditions
Reformationsjubiläum 2017 e.V. (last updated: 25/10/2015)
§ 1 Preamble
Reformationsjubiläum 2017 e.V. (r2017) is a not-for-profit association organising large-scale events for the Reformation Summer 2017 to promote contact and dialogue. The association is a joint undertaking of the Evangelical Church in Germany (EKD) and the German Protestant Kirchentag (DEKT). Joint projects currently include: the European Roadmap, the World Reformation Exhibition, the Confi and Youth Camps, the Kirchentag on the Way, and the Festive Service. The individual events shall only serve this charitable purpose. They are not the subject of a contract.
§ 2 Scope of application
Theses terms and conditions shall apply exclusively. Deviating conditions of the contracting partner shall be deemed invalid. For registrations for the events named under § 1, the conditions of participation and cooperation named there shall apply in addition to these terms and conditions.
§ 3 Taking effect of the contract
The submission of an application represents a binding offer. r2017 shall accept this with transfer of the invoice or confirmation of registration.
§ 4 Group registration
Participants travelling to an r2017 event as a group shall be registered by their group leader. For groups, the leading person shall receive a total invoice and all programme documents. The group leader shall be responsible for the correctness of all registration data transferred to r2017.
§ 5 Dispatch
The congress documents shall in principle be made available for collection at the headquarters of the Association. Postage costs incurred shall be borne by the contracting partner. Upon transfer to the dispatch company, the risk of accidental destruction of the programme documents shall be transferred to the contracting partner.
§ 6 Time of performance
Upon acceptance of the application and receipt of the invoice, the programme or entry costs shall be payable immediately. r2017 shall be entitled to a right of retention to the programme documents until payment is complete.
§ 7 Retention of ownership
The dispatched documents shall remain the property of r2017 until payment is complete.
§ 8 Arrears
The contracting partner shall be in arrears if s/he does not settle the invoice within 30 days of the due date and receipt thereof.
§ 9 Limitation of liability
With the exception of damage resulting from injury to life, limb or health which are due to a negligent breach of obligations by r2017 or are due to a wilful or negligent breach of obligations by a legal representative or agent of r2017, liability for other damages shall be limited to such cases that are based on a grossly negligent breach of obligations by r2017 or on a wilful or grossly negligent breach of obligations by a legal representative or agent of r2017.
Under the purview of these principles, in case of event cancellations, a complete cancellation of Reformation anniversary projects or of a complete event day or complete event evening, liability shall be limited to the amount of costs paid by the contracting partner; the contracting partner shall in this case have those services rendered by r2017 calculated on a value basis. Liability shall not exist in case of the cancellation of individual programme items by r2017.
§ 10 Force majeure
No liability shall be accepted for events occurring after conclusion of the contract that cannot be traced back to r2017.
§ 11 Right of modification
r2017 reserves the right to (re)organise the programme and the individual events regarding the framework, content, timing and specific location thereof within a radius of 30 kilometres.
§ 12 Reservation of right to withdrawal
For the case that r2017 is not able to execute projects in full or in their entirety, r2017 shall reserve the right to withdraw from this contract. This should take account of the fact that r2017 is reliant on the largely gratis support of third parties and can only have a limited influence on these voluntary services.
§ 13 Withdrawal/termination/cancellation by the contracting partner
In case of a withdrawal or other termination of the contractual relationship by the contracting partner, r2017 shall reimburse costs for services not yet rendered. Services for provision of accommodation at r2017 events shall be fully rendered from 31 March 2017, so that no reimbursement of costs can be performed after this time. The contracting partner shall be at liberty to demonstrate, in the individual case, that the expenses saved by r2017 are in fact higher.
§ 14 Exclusion of transfer
The transfer of rights and claims from this contractual relationship is excluded. Programme and entry tickets cannot be transferred.
§ 15 Validity of programme ID
Season tickets, contributor IDs, day and entry tickets etc. entitle the holder to attend the project booked of r2017 within the respectively applicable time frame, with the exception of payable cultural events and special events in connection with r2017. No one may claim entitlement to attend a specific individual event.
§ 16 Accommodation
Upon acquiring season tickets, day tickets and entry tickets or contributor IDs up until 1 March 2017, r2017 shall, if requested by the contracting partner, provide paid accommodation in shared or private quarters for some events. A flat-rate accommodation fee shall be charged for accommodation provided by the participant service. No one may claim entitlement to accomodation is shared or private quarters. In case of a lack of quarters, r2017 reserves the right to give preference to persons dependent on it, and/or to set an age limit. r2017 shall assume no liability for the location and nature of the respective accommodation.
§ 17 Media rights
The participants shall grant r2017, as well as EKD and DEKT, permission to use images and sound recordings of participants free of charge and without restriction. This permission can be freely withdrawn at any time with effect for the future.
§ 18 Exclusion period
Claims shall be submitted within three months following the end of the respective event, otherwise there shall be a loss of claim. This shall not apply for claims where the statutory period of limitation or any other legally applicable period is still on-going.
§ 19 Requirement of written form
There shall be no auxiliary oral agreements. Any amendment to this contract and the provisions thereof require the written consent of the legal representatives of r2017. Staff and authorised representatives of r2017 are not permitted to conclude oral auxiliary agreements.
§ 20 Place of jurisdiction
Place of jurisdiction is Wittenberg if the contracting partner is a businessperson, or legal entity under public law or owner of special property under public law.
§ 21 Severability clause
If contractual conditions are or have become ineffective or are no longer the subject of this contract, in part or in whole, and a loophole is therefore identified, then this shall be replaced by a contractual regulation which most closely reflects the mutual will of the contracting parties.
The validity of the remaining conditions of this contract shall remain unaffected.