GENERAL TERMS & CONDITIONS
ELECTRIC LOVE GMBH & CO KG
These terms and conditions refer to the company “Electric Love GmbH & Co KG”, hereinafter referred to as “Electric Love”. Conflicting terms and conditions are hereby contradicted. Verbal agreements and assurances require written confirmation. Gender-specific synonyms used in these terms and conditions apply equally to the female and male form. Any customer of Electric Love is considered a customer in these terms and conditions. Electric Love as “contractor” or “client” refers to any business relationship with customers, suppliers or other clients or contractors. Any guest at an event of Electric Love is considered a visitor.
Cancellation / Program changes
The organizer reserves the right to change the program or dates at short notice and does not authorize the return of the ticket. In case of cancellation of one or more artists, an unusability of parts of the premises or a temporary failure of the technical equipment due to force majeure, there is no claim for price reduction. Any expenses incurred (arrival, departure, accommodation, processing fee, etc.) will not be reimbursed by the organizer in the event of cancellation, postponement, program or cast changes if not fault of the organizer.
Supplier agreement between Electric Love and the “contracting party”
Amount / Quantity of the ordered goods
It is noted that the amount or quantity of the ordered goods refers exclusively to the written offer mentioned. Should the demands change, these must be made in writing. From orders, which are given by a third party, no claim can be made against Revolution Event.
Delivery / Unloading
Electric Love will not provide any assistance, equipment or personnel for delivery/unloading. Furthermore, no forklift or other vehicle or equipment will be provided for adequate unloading. This applies unless otherwise agreed in writing.
The contractual partner shall not be provided with free board, accommodation or means of transport for adequate arrival and departure. The contractual partner shall independently arrange for the necessary means of transport. Furthermore, Electric Love shall not provide any lounges, offices or other facilities for the contract partner or employees. This shall apply unless otherwise agreed in writing.
Any delivery may only be unloaded at the designated place after authorisation. The person responsible for authorisation will be notified at the latest at the place of fulfilment. This applies unless otherwise agreed in writing. Should the delivery be unloaded at an unauthorised place or generally without prior agreement, the customer must ensure independently and at his own expense that the delivery is unloaded at the correct place. If Electric Love incurs any costs as a result, these costs will be charged to the other party plus an expense fee. A departure of the delivery shall only take place with the approval of an authorized person and after a joint inspection of the goods and signed acceptance protocol. All defects which are not found in the report are considered to be already present at the time of acceptance. If the departure of the delivery is carried out without an authorized person or if no take-over protocol is filled out, it is assumed in case of damage or defects of the goods that these were already present before or at the time of delivery.
Electric Love accepts no liability whatsoever for any items belonging to the other party or those using them. Theft, loss or any damage to other objects is expressly excluded. The other party shall be liable for any damage to movable or immovable property. In particular also for asphalt, ground, environmental or personal damage. The contractual partner shall be fully liable for all employees / vicarious agents – even if these are only negligently caused. A liability of Electric Love towards suppliers is excluded – except for damages caused by gross negligence or intent up to € 2.000,-. Caused damages of any kind must be reported immediately to an authorized person.
The payment target is exclusively the target stated in the contract. Deviations require expressly a written form.
Advantages through third parties
If the supplier has been recommended or mediated by a third party, so that the supplier and/or the third party obtains an inadmissible advantage, the supplier is not entitled to any direct or indirect remuneration.
Rights to image / sound
The contractual partner agrees that stand, equipment, employees or similar may be photographed and filmed. It is agreed that these materials may be stored, distributed and used without restriction in analogue as well as digital form. The publication of a photograph/video on the Internet, in a magazine or other medium does not in any way give rise to claims against the organizer or the creator of the photograph/video.
If images, photos or video recordings are sent to Electric Love or published on the Internet, Electric Love is granted the right to publish them and to pass them on to third parties for the purpose of publication. The author expressly waives the right to be named as the author.
Any recording, be it photo, video or audio, must be at least visibly/audibly marked as recordings of the Electric Love Festival Salzburg.
With regard to videos, especially those uploaded to the platform YouTube, it is prohibited to use in the video title phrases such as “official” or “official Aftermovie” or phrases that suggest that it is an official Electric Love video.
Storing Equipment/ Stay
The contracting party must remove all objects and equipment from the venue after the performance. If objects/equipment or other items are located at the place of fulfilment after performance or are temporarily stored in the immediate vicinity, they must be removed. All costs incurred are to be borne by the contractual partner, plus a surcharge for expenses.
Employee registration / Suitability / labour-law provisions
The contractual partner must register all its employees legally in accordance with current Austrian law. Furthermore, all employees must be paid according to the minimum wages applicable in Austria. A copy of the registration for social insurance – more specifically document A1 or E101 – must be sent to firstname.lastname@example.org at the latest before the start of work and must also be handed in unrequested at the place of fulfilment in the same form before the start of work. The contractual partner shall only employ employees for the fulfilment of the contract who possess the necessary aptitude or certificates of qualification of any kind (driving licence or similar). All labour-law provisions applicable in Austria must always be complied with.
Orders in the name of Electric Love
The other party to the contract is not authorized to commission third parties on behalf of Electric Love or to use services on behalf of Electric Love.
Ancillary agreements are not valid unless they are agreed in writing by mutual consent of both parties.
Electric Love as contractor
Each contractual partner is liable for the damages caused by himself, his employees or vicarious agents. If this damage is caused to objects or property owned by Electric Love, Electric Love will issue an invoice for the amount of the damage caused to the person or company for whom the person causing the damage was working at the time when the damage was caused.
Unless otherwise agreed, the organizer assures that a suitable stage is available.
The organizer assures that the legal regulations or official requirements for the execution of the event are observed.
Rental offer, conclusion of contract
Our offer is subject to change and non-binding, unless otherwise expressly agreed in writing. The contractual relationship shall only become legally effective upon written confirmation or commencement of execution or work. Until then, we reserve the right to reject incoming orders – even without giving reasons – in which case any liability for costs and damages is excluded. In all cases where Electric Love is prevented from delivering on time without fault, it is exempt from the obligation to deliver. Orders placed with Electric Love, or orders placed by the customer, which are not preceded by a written offer of the same name, require for the conclusion of a contract the confirmation of order by the contractor.
Changes in services, subletting and additional services
For additional or modified services ordered by the client or his representative, which are not covered by the order placed, there is a claim to appropriate remuneration. The contractor reserves the right to make minor changes in technical matters that are reasonable for the customer. Rental objects are only made available for the agreed purpose and period of time. Subletting is not permitted.
Unless otherwise agreed, the delivery of equipment, installation on site, dismantling and return delivery to our warehouse are not included in the contract price. These services entitle the customer to charge an additional fee.
Data, documents and materials of the client
All data, documents and materials provided by the client must be in a condition suitable for the service. The contractor is not liable for any data lost or damaged in the course of work carried out. Furthermore, the contractor is not liable for data backup, which is the responsibility of the client. The contractor does not check the correct licensing of programs provided by the client and therefore cannot be held liable for non-licensing. In the course of carrying out work, the contractor shall in particular take into account the relevant provisions of the Data Protection Act (maintenance of data secrecy, duty of confidentiality).
Electric Love is permitted to use the photo, video or audio recordings for advertising and reporting purposes. Electric Love is allowed to pass on all recordings to third parties for the purpose of publication by them. The right to name the author is expressly waived. Electric Love will make every effort to name the author, if practicable, but the decision to do so rests solely with the publishing authority.
Austrian law applies exclusively, place of jurisdiction Salzburg city.
The rental period is generally the agreed rental period. Time exceeding this rental period will be charged additionally, if the customer intends to do so. Electric Love reserves the right to delay the collection of the inventory for reasons of disposition. Electric Love will not charge for this delay in the return of the inventory. In the case of delivery, the rental period begins upon arrival of the rented items at the customer’s premises and ends upon collection by Electric Love or by a haulier appointed for this purpose. In the case of collection by the customer, the rental period shall begin
when the customer collects the rented items at the ramp of the respective agreed collection location and shall end when the items are returned at the ramp of the same collection location or another agreed location.
Prolongation of the rental period
For the prolongation of the rental period, the express confirmation from Electric Love must be obtained before the end of the rental period. In the event that an prolongation of the rental period is not possible, Electric Love reserves the right to take back the rented items on the originally agreed pick-up date. The prolongation of the rental period will be charged at the applicable rates.
Electric Love is only liable for repeat orders after written confirmation of fulfilment. Repeat orders at the request of the customer will be charged an additional flat rate for transportation at the current transportation rate of Electric Love.
Return, breakage, loss
The customer undertakes to assume responsibility for the borrowed objects for the entire rental period. The return of the rented items is always during normal business hours. The rented items, including all accessories, provided packaging and load carriers, must be returned as originally packed or provided at the place of delivery in the delivered composition on solid ground – in particular arbitration rules, etc. must be observed. The acceptance inspection is always carried out with reservation – glasses and hidden damage can be claimed and charged for by Electric Love afterwards – and takes place at the time of collection by the delivery fleet or a freight carrier of Electric Love or return by the customer. Exact breakage and loss quantities are therefore only determined during the inspection during cleaning. At the discretion of Electric Love, in the event of breakage or loss, the replacement or repair can be carried out at the customer’s expense, whereby the cheaper option is chosen in the interest of the customer. Damaged, irreparable rental inventory (except for the glass) will be kept in Electric Love’s warehouse for inspection or collection until the 15th of the following month (starting from the date of return). After that date, the damaged rental equipment will be disposed of. In the event of damage caused by the customer, Electric Love reserves the right to charge the loss of rental income until the repair or replacement is completed at the applicable rate without any agreed conditions. Unreturned rental equipment that has already been invoiced may be returned to the location of Electric Love by the 15th calendar day of the month following the month in which the invoice was issued, but the customer must return this rental equipment at his own expense and responsibility or pay for the costs incurred by hiring Revolution Event.
The provided inventories must be returned clean and in proper condition. In case of soiling the cleaning will be charged with the hourly rate of Revolution Event.
If the customer collects the rented inventory himself, it must be transported in accordance with the applicable laws of the StVO. The customer shall be liable for any transport damage in the event of self-collection.
Transfer of risk
The transfer of risk on delivery takes place on acceptance. The transfer of risk upon collection by the customer takes place at the ramp of the respective location. In the case of collection by Electric Love or a freight carrier, the transfer of risk takes place upon acceptance on site or upon return by the customer at the ramp.
Cancellations due to force majeure are accepted completely free of charge. For other cancellations up to fourteen days before delivery/collection, Electric Love reserves the right to charge 50% of the rent, later 100% of the rent.
Before using the rented inventory, the customer must check it for its full suitability for use. Defective inventory may not be used and must be returned or reported to Electric Love immediately. The customer shall indemnify Electric Love and hold Electric Love harmless in the event that a third party makes a claim against Electric Love in this regard.
Duties of the customer
The customer is obliged to treat the objects provided with care and to have them guarded if necessary. He must observe the instructions for use, maintenance and care and assures the knowledge – both his own and that of his vicarious agents – in handling the loaned items. He has to make sure that the rented items are in a proper condition upon delivery/collection and collection/return delivery and to notify Electric Love immediately of any defects. It is prohibited to hand over the rental items to third parties or to take them outside of the Republic of Austria. The customer must keep the item free of third party rights.
Terms of payment
The customer pays according to the payment conditions agreed or established with Electric Love. If no terms of payment have been agreed upon, the agreed rent is due before the item is taken over. In case of doubt, Electric Love reserves the right to retain a corresponding deposit as security. A set-off with counterclaims of the customer is only possible after prior consultation with Revolution Event. In the event of default or delayed payment on the part of the other party, any discount on the normal prices according to the price lists of Electric Love is null and void and the amount charged is immediately due for payment. The collection, discount and chargeback costs shall be borne by the debtor. The lessor reserves the right to refuse delivery in case of default of payment or to take back already delivered rented items prematurely.
Retention of title and right of retention
All delivered goods remain the property of the contractor until full payment has been made. If the customer defaults on payment, the contractor is entitled to dismantle and/or otherwise take back the goods and equipment in his reserved ownership, without this being equivalent to withdrawal from the contract. In the event of default of payment, the contractor shall be entitled to the right of retention of goods and equipment of the customer which are located at the contractor’s premises in the corresponding equivalent value.
Liability & Warranty
The contractor shall not be liable for damage caused by equipment provided by him to facilities, other equipment or persons, in particular if such damage is caused by improper handling or storage. The contractor shall be liable for damage, insofar as it is at fault, within the scope of the statutory provisions. Liability for slight negligence is excluded. Compensation for consequential damage and financial loss, loss of profit and for damage resulting from third-party claims against the contractor is excluded to the extent permitted by law. The contractor is never liable for errors in programs or operating systems. Unless otherwise agreed, the relevant statutory provisions shall apply to the warranty. Any warranty beyond this must be agreed in writing. The warranty period begins with the handover to the client, or in the event of failure to do so, at the latest when the invoice is issued. If, however, the client has already used the service provided before it is handed over, the warranty period shall begin at this point in time. The warranty and product liability expire in any case if the delivered goods or services have been processed and/or modified by third parties or by the client himself. Breach of warranty seals also causes the expiration of warranty and product liability claims of the client.
Special provisions for rental equipment and technology & duty of care
For assembly and disassembly, setting up work, cabling and the supervision of events by technicians, the hourly rate valid at the time will be charged. The lessee is obliged to treat the rented equipment with special care. The equipment may only be set up, operated and disassembled by competent personnel and must be used professionally and in accordance with its intended purpose. The lessee shall be liable for all damage to the hired equipment and technology that occurs from the time of collection or the start of making the equipment available until it is returned and that goes beyond normal wear and tear of a hired equipment, regardless of whether the lessee is at fault or not (e.g. theft, burglary, embezzlement, fire, forces of nature, wilful destruction or damage by third parties, etc.). The lessee is obliged to provide sufficient insurance cover against the aforementioned incidents. The contractual partner is responsible for ensuring that the power supply to the facilities is uninterrupted and that all applicable safety guidelines are observed. Any liability on our part is excluded for consequences resulting from improper handling. Our qualified personnel will not undertake any guarding, security or storage functions on site. For used, defective or lost accessories, e.g. lamps, the contractual partner must replace the new value. Any transfer of the equipment to third parties is prohibited. The power connection available for the technology must be protected against external influences as well as moisture and the like. In general, it is agreed that no appliances (e.g. refrigerated vehicles, catering equipment, etc.) may be connected to the power supply of the technical equipment. Should damage to the technical equipment be caused by an improperly installed power supply of the organizer, the organizer will be held liable for all damages and consequential damages. Damage to the property of Electric Love through third party fault, danger to life and limb or illness, as well as a work area that does not meet the requirements (stage, equipment, technical personnel not properly engaged according to the event), as well as a number of visitors not appropriate to the event, release Electric Love from any obligation. The lessee is responsible for obtaining copyright permissions and any necessary permits. This applies to all related questions regarding the use of the rental equipment. In the event of technical defects during the rental period, we will provide the fastest possible repair service or provide a replacement device. However, the lessor is also free to terminate the rental relationship at this point in time if necessary. Claims for damages cannot be asserted.
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective. Revolution Event is never liable for lost profit, bad weather, missing visitors or force majeure in general.
Place of jurisdiction
Austrian law applies exclusively. Place of jurisdiction is Salzburg city. The UN Sales Convention and the Rome Convention on Contracts for the International Sale of Goods are excluded.