Article 1 – General/General area
These terms and conditions apply to all offers, deliveries and services of the contractor / event and wedding agency Mallorca Hochzeiten S.L..
The following conditions are part of all contracts and supplementary agreements concluded between the client and the contractor. Subsidiary agreements are only valid if the client and the contractor have expressly agreed on them in writing.
Article 2 – Conclusion of the contract
The object of the event organisation contract is the preparation and execution of the wedding event and other events at the location agreed with the customer. The event organisation contract is concluded by acceptance of our individually prepared order confirmation. Amendments and supplements must be made in writing.
Offers from the contractor and client are always subject to change without notice as long as the contract has not been concluded and as long as nothing to the contrary has been expressly agreed in writing.
With the conclusion of the contract and the acceptance of deliveries and services by the agency, the client declares his acceptance of these general terms and conditions in any case.
MALLORCA HOCHZEITEN S.L. reserves the right to adjust the final price calculation accordingly in the event of changes and additions. Our preliminary work and research for the development of events will only be paid if agreed individually.
Insofar as MALLORCA HOCHZEITEN S.L. also provides additional organisational assistance in individual cases, e.g. for travel to and from the event and for the provision of accommodation, it does not act as an organiser but merely as an agent for this service, for which it is additionally paid. The same applies if the quality or quantity of the agreed service is changed.
Article 3 – Contractual partners
MALLORCA HOCHZEITEN S.L. is the contractual partner of the client. Its tasks include proposing to the client the participation of subcontractors such as catering companies, transport companies, etc. for the execution of services connected with the event.
Contacts with subcontractors shall be made exclusively through MALLORCA HOCHZEITEN S.L., whereby MALLORCA HOCHZEITEN S.L. shall act as intermediary on behalf of the client, receive the funds from the client and thus pay the subcontractors. MALLORCA HOCHZEITEN S.L. will be paid for this. MALLORCA HOCHZEITEN S.L. reserves the right to propose, in justified individual cases, to replace initially intended subcontractors with other subcontractors with a comparable or better range of services – for example: commissioning of another transport company – in order to realise the event within the agreed overall framework.
Article 4 – Obligation of the client to cooperate
The client is obliged to perform the necessary cooperation actions, in particular the transmission of personal data and the handing over of the necessary documents and information, in due time. The client undertakes to inform us immediately of any changes or news that are of significance for consultation, conception, planning, organisation or support. The client is obliged to check delivered interim reports and interim results without delay and to notify corrections / change requests in writing without delay. The client has a duty to inform and advise with regard to all details, any special features or changes of the contractual event. Any registration of artist performances with GEMA as well as the corresponding fee payments are the sole obligation of the client. The client is solely responsible for obtaining all necessary official approvals and / or registrations in good time. If conditions have been imposed by an authority, these must be communicated to the agency immediately.
MALLORCA HOCHZEITEN S.L. undertakes to treat all personal data and information in the strictest confidence and to use them only to the extent necessary for the event, see the data protection agreements to be viewed on the www.mallorca-hochzeiten.com website.
Article 5 – Payment agreement
The prices quoted by the contractor are net prices, to which the applicable statutory value-added tax is added, which is shown separately. The individually agreed event organisation price is due for payment as follows, subject to any other concrete agreement. Down payments shall also be deemed to be a cancellation fee.
- to secure your appointment and conclude the contract € 1000 +21 %VAT
- with confirmation of the total offer 40%
- 30 days before the date of the event 30%
- 7 working days before the start of the event 30%
Should the transfer of these sums not have taken place after the expiry of the aforementioned periods, the present contract shall cease to have effect. The present contract is bound to the timely payment of these sums.
Article 6 – Withdrawal/Cancelation
The termination of the present contract is legally permissible for the parties for extraordinary reasons. Such reasons include, but are not limited to
- non-performance of contractually owed services despite written reminder and setting of a deadline
- Substantial breach of contractual obligations by the other party, so that further performance of the contract becomes unreasonable.
- Introduction of provisional insolvency proceedings in respect of the assets of the other contracting party
In any case, termination must be made in writing to the other contracting party. In the event of the above-mentioned termination and rescission, the following shall apply: Insofar as the Contractor has rendered services to third parties on behalf of the Customer arising from the Customer’s payments, these shall be reimbursed to the Customer in the event of termination of the contract on the condition that they are reimbursed by the respective contractual partners. If the respective contractual partners refuse to repay, the Contractor shall be obliged to assign its claim for repayment to the Customer.
Withdrawal from the contract is only permissible in written form.
The withdrawal costs shall be offset against the advance payment made.
In principle, the following applies: Down payments are intended to secure deadlines and are also considered cancellation fees.
Article 7 – Non-performance and warranty
7.1. in the event that the client fails to fulfil the agreement or fails to fulfil it on time, i.e. in particular in the event of non-performance or failure to fulfil the cooperation obligations in Articles 3 and 4 on time, MALLORCA HOCHZEITEN S.L. shall be entitled to withdraw from the agreement, as shall the client in the event of material breaches of duty by MALLORCA HOCHZEITEN S.L..
The customer shall not be entitled to a refund of the advance payments made by him if he withdraws from the contract or orders changes to the original contract which MALLORCA HOCHZEITEN S.L. does not accept, as it has already incurred expenses, entered into obligations and carried out its prepared actions.
7.2 If the partial or total organisation of the event is not possible for reasons for which MALLORCA HOCHZEITEN S.L. or one of its subcontractors is responsible, the following provisions shall apply:
If a partial service is not carried out, the corresponding partial remuneration claim in favour of MALLORCA HOCHZEITEN S.L. shall lapse. If the client or participants in the event invited by the client suffer damage as a result of the culpable conduct of a subcontractor, this subcontractor shall be directly liable to the client. The company MALLORCA HOCHZEITEN S.L. undertakes in this case to support the client to receive his compensation. MALLORCA HOCHZEITEN S.L. shall be released from any responsibility, provided that it immediately notifies the client of any incident or unforeseen event that has occurred with a subcontractor.
7.3 The liability of MALLORCA HOCHZEITEN S.L. shall be limited exclusively to the acts carried out by the company itself without due diligence. The liability is limited to the agreed agency fee.
7.4 Warranty claims and claims for damages against MALLORCA HOCHZEITEN S.L. must be notified, substantiated and proven to MALLORCA HOCHZEITEN S.L. within one week of the event and asserted in detail within 3 months.
7.5 If an event occurs which makes it impossible for MALLORCA HOCHZEITEN S.L. to perform all or part of the work, and for which MALLORCA HOCHZEITEN S.L. is not directly responsible, MALLORCA HOCHZEITEN S.L. must return the monies paid by the Client, provided that they have not yet been used to pay for or pay for the work, services or materials ordered by the Client. In this case, MALLORCA HOCHZEITEN S.L.’s obligation shall be limited to assisting the Client in obtaining compensation.
The contractor is not liable for the consequences of force majeure under this contract. This includes orders by authorities, wars, civil unrest, hijacking of aircraft, terrorist attacks, fire, floods, power cuts, accidents, storms, strikes, lockouts or other industrial action affecting the services of the contractor or its suppliers. The same applies to the occurrence of circumstances which make the event impossible but which were not caused by the contractor or are otherwise attributable.
7.6 The contractor shall not be liable for printing errors even if proofread. He is also not liable for additional costs arising from printing errors. The inspection of printed matter is the sole responsibility of the client.
The contractor is also not liable for exceeding the budget. The review of the budget plan is the sole responsibility of the client. The contractor helps with decisions, but the customer is responsible for the size of the budget.
7.7 Any costs arising from damage to or loss of the decoration shall be borne by the client. If the rental material is heavily soiled, additional costs may arise which will be charged according to the actual cleaning costs. MALLORCA HOCHZEITEN S.L. is not liable for damages or fire causes of any kind, as well as their consequential damages and does not meet any cost obligations. For this purpose, we recommend that the client take out an extra insurance policy.
All electrical items must be disconnected from the power supply in the event of moisture or rain. Please note that flowers are a natural product and may vary according to season and season.
Article 8 – Photo rights
The client agrees that the photographic and film material taken during the wedding may be used by the agency MALLORCA HOCHZEITEN S.L. and your wedding photographer for advertising purposes, e.g. on the Internet, at trade fairs, in printed form or in social networks. This right can be revoked by the client at any time.
Article 9 – Applicable law and jurisdiction
The event organisation contract is subject to Spanish law. Place of jurisdiction is Palma de Mallorca.
Article 10 – Effectiveness and Partial Invalidity – Severability Clause
If individual provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended purpose.
All data obtained from the client will be treated confidentially.
For further information, please refer to our data protection guidelines, which can be viewed on the website www.mallorca-hochzeiten.com .