AGB
General Terms & Conditions
1. General
1.1. The following terms and conditions apply to all offers for the rental of event technology and related services from WOW! GmbH (hereinafter also referred to as "WOW!").
1.2. The Client’s terms and conditions of business only become a component of the contract if they are acknowledged by WOW! in writing.
1.3. The client confirms the exclusive validity of these General Terms and Conditions by accepting the WOW! offer (order confirmation).
1.4. WOW! is not the organizer and does not assume any obligations related to the organizer unless expressly agreed otherwise.
2. Conclusion / Content of the Contract
2.1. Offers made by WOW! are subject to confirmation. WOW! is only bound to the offer until the expiration of the option date specified in the offer. Orders placed after the option period are only possible upon request and subject to availability and may result in changes to services and/or prices.
2.2. As a rule, the contract becomes effective with the written confirmation of the client and the order confirmation of WOW!.
2.3. The content of the contract is based on the content of the confirmation of the order. Supplementary agreements require the written form.
3. Prices / Terms of Payment
3.1. The prices are those specified in the order confirmation, which provides the basis for the contract.
3.2. The prices offered are net prices plus the statutory sales tax rates applicable at the time of the offer or conclusion of the contract. If the statutory sales tax rate changes between the offer or conclusion of the contract and the time of payment, WOW! is entitled to adjust the billing accordingly.
3.3. Services that are not specified in the confirmation of order, but which are nevertheless provided at the Client’s request, will be invoiced to the Client in accordance with the respective valid WOW! price list. This also applies to costs incurred by WOW! as the result of the receipt of inaccurate details from the Client or transport delays for which WOW! is not responsible.
3.4. WOW! is entitled to advance payment of up to the total amount of the invoice.
3.5. Unless otherwise agreed in writing, invoices are due for payment 14 days after the invoice date. If the receipt or correctness of the invoice is disputed, we can demand immediate payment of the net amount resulting from our agreement (conclusion of the contract), possibly with different dates for advance payments.
3.6. Interest on arrears will be charged at a rate of 5 percentage points above the base interest rate. We reserve the right to claim higher damages for late payment. For each reminder, we can charge reminder costs of EUR 5.00 net, unless you can prove that the damage is less, or alternatively the damage actually incurred.
3.7. The Client is entitled to offset only undisputed or legally determined claims against a claim placed by WOW!.
3.8. In the case of longer rental periods, WOW! is entitled to invoice its services to the Client on a weekly basis.
3.9. If billing is handled through a WOW! cooperation partner (hotel or event location), WOW!'s services will be billed via the respective cooperation partner's overall invoice at the terms and conditions agreed upon between the client and the cooperation partner (e.g., deposit payments). If this is not desired or applicable, this must be agreed upon with WOW! in advance. For direct billing with WOW!, a deposit of 100% of the order amount is generally required no later than 14 days before the start of the event (setup day, delivery, or pickup).
4. Subsequent price changes
4.1. General increase after 4 months: WOW! may subsequently increase the agreed remuneration and/or costs if material costs, procurement costs, wages and/or ancillary wage costs, social security contributions, energy costs, costs due to environmental regulations, costs due to currency regulations, costs due to customs changes, transport costs, or public charges or requirements (factors) increase, if these costs directly or indirectly affect the contractually agreed services, and if more than 4 months elapse between conclusion of the contract and delivery of the goods or provision of the service. This provision only permits an increase in costs that WOW! must pay to the client and not a concomitant increase in WOW!'s profit.
4.2. Price adjustment based on the consumer price index: It is presumed, subject to rebuttal, that a price adjustment is appropriate if the consumer price index for Germany published by the Federal Statistical Office, based on 2020=100, has increased by more than 10 percent compared to the index published for the month in which the contract was concluded at the time the service is provided. In this case, the agreed price must be adjusted accordingly in the same proportion. If the threshold of 10 percent is not exceeded, this does not preclude a price adjustment according to other provisions of Section 4.
5. Full-Service
This point applies to events where WOW! provides the technical equipment in the area of A/V media technology as well as simultaneous technical support (service) (full-service).
5.1. Rental periods are calculated on a daily basis. Partial event days are billed as full days. Setup, rehearsal, and dismantling days are billed pro rata by agreement. The rental period and calculation are specified in the corresponding offer.
5.2. Staff are generally billed at a daily rate per day of work. Daily rates cover up to a maximum of 10 hours (including setup, dismantling, standby, rehearsals, and the event). Additional charges of 40% of the agreed daily rates apply for night, weekend, and holiday work.
5.3. WOW! reserves the right to commission subcontractors for the fulfillment of the order.
5.4. The client shall ensure smooth delivery and pickup at the agreed times and coordinate these with the relevant event location. Access and parking arrangements shall be agreed upon between the client, contractor, and venue prior to the event. If necessary and suitable parking spaces are not available, the client shall assist in reserving suitable parking spaces and cover any parking costs incurred.
5.5. The client ensures that the premises at the event location are booked during the agreed setup and dismantling times and are freely accessible to WOW! employees. WOW! will coordinate any house rules for the event location with the client.
5.6. The client shall grant WOW! employees' access to the installed equipment at any time. The client may not remove WOW! equipment from the location specified in the order without prior written approval from WOW!. The client must take appropriate measures to prevent access to WOW! equipment by external, unauthorized persons. Event and storage rooms must be locked or appropriately secured when not in use and/or in the absence of WOW! employees.
5.7. The client will book suitable lounge/storage space at the event location, in consultation with WOW!, for the entire duration of the event, including setup and dismantling times. If no storage space is available, the return transport of empty containers between setup and dismantling may be necessary (additional costs may apply), or temporary storage in vehicles may be required, which requires the availability of nearby parking spaces (additional costs may apply).
5.8. Company logos, manufacturer's or WOW! identification numbers and other affixed marks must remain unchanged on the rental item or technical items belonging to WOW!. The client is prohibited from affixing their own marks to items owned by WOW!. This applies in particular to lettering, stickers, and paint.
5.9. WOW! alone has the authority to issue instructions to the personnel deployed by WOW! for the duration of the event. The client will not issue instructions to WOW! personnel. The supervisor (project manager, line manager) has the authority to issue instructions to WOW! personnel. The supervisor must be available at all times while personnel are working for the client.
5.10. WOW! undertakes to comply with its statutory obligations as an employer towards all employees employed under between Client and WOW! disclosed contracts. In particular, WOW! undertakes to comply with the health and safety laws and to discharge the statutory contributions to social security for its employees.
5.11. All power and/or internet connections required for the execution of the contract must be booked and made available by the client at the event location at their own expense, in accordance with WOW!'s requirements/specifications.
5.12. Free beverages (at least water and coffee) are provided for setup, during the event, and during dismantling. For assignments of more than five hours, the client will also provide a hot meal for WOW! employees. If the client is unable to provide the agreed-upon catering, catering costs of EUR 23 net per person per day will be charged.
5.13. WOW! will observe all hygiene regulations applicable at the time of the event (e.g., disinfection, coronavirus testing, etc.). If the client or the event location has its own regulations, these must be communicated to WOW! in a timely manner, and any associated additional costs must be borne by the client.
5.14. The use of WOW!'s electrical and other technical systems using the client's power grids and other power grids requires the client's prior consent. WOW! is liable for any disruptions or damage to the client's power grids and other technical systems caused by the use of its systems.
5.15. If the client or the contracted, responsible event location provides us with equipment (e.g., electrical equipment, chain hoists) that requires regular or case-by-case inspection (e.g., according to DIN, VDE, or accident prevention regulations), we may assume that this inspection has been carried out in accordance with the regulations prior to the equipment being provided and that the equipment is immediately ready for use.
5.16. Decorative materials brought by the contractor must comply with fire safety requirements. The client is entitled to request official proof of this. Due to possible damage, the installation or attachment of decorative or similar materials must be coordinated with the client in advance.
5.17. WOW! assumes no liability for the functionality or smooth running of the event when using the client's own equipment or the partial deployment of the client's own personnel. The client is responsible for ensuring that their own equipment is compatible and that there are no access or access restrictions. It is ensured that persons supervising the event on behalf of the client have administrator rights.
5.18. The client is responsible for obtaining all necessary registrations and permits for the event at their own expense, as well as for taking out all necessary insurance.
5.19. The client assures WOW! that they are the owner of the music, film, and image rights for the performances presented or have acquired the corresponding licenses (including GEMA, GEZ, and software licenses required for the presentation). The client is responsible for the content of the presentations of any kind. The client must indemnify WOW! against any claims regarding the presented content, the infringement of intellectual property rights, or the prosecution of such infringements, and reimburse any expenses incurred. The same applies to any protected music, film, and image products submitted to WOW! for the execution of the order.
5.20. The use of pyrotechnics and fog systems must generally be agreed upon between the event location and the client.
6. Rental Business
This clause applies to equipment rental transactions ("dry hire"), in which WOW! provides the client with technical equipment on a rental basis for an agreed period, and to long-term rental agreements.
6.1. The rental period begins with the handover of the equipment, however, at the latest on the starting date specified in the rental contract.
6.2. The rental period is calculated in days. Each started day is calculated as a full day.
6.3. At the latest by the beginning of the rental period, the Client must provide WOW! with the name of a contact person who must be accessible to WOW! during the rental period.
6.4. The Client is obligated to check the rental object upon receipt for defects, completeness, and operational readiness. With complaint-free receipt, the Client recognizes the rental object as defect-free and ready for operation as well as suitable for the agreed purpose of use.
6.5. The Client must permit employees of WOW! to check the rental object at any time during the usual hours of business.
6.6. The rental period ends with the orderly return of the defect-free equipment, including all objects that accompanied the equipment at handover (accessories, operating manuals, etc.), to WOW!, but earliest at the end of the contractual rental period as stated in the agreed upon offer.
6.7. Unless a special agreement has been concluded to the contrary, WOW! is not obliged to send or deliver the rented equipment to the Client’s desired place of use. The Client bears responsibility for the transport or shipping.
6.8. Should the Client wish WOW! to forward the equipment, it will be transported at the cost and the risk of the Client. The risk is transferred to the Client as soon as the rental object leaves the WOW! storage area, if the delivery is not made by the company WOW!.
6.9. The Client carries responsibility for assuring that only trained personnel use the rental object and in accordance with the manufacturer’s operating instructions and/or instructions provided by WOW!. The Client is obligated to maintain the rental object in good condition and to use it exclusively for its designed purpose. Packaging, operating manuals, and accessories remain the property of WOW!. All parts are to be handled with care and must be returned in complete and undamaged condition.
6.10. Errors, disruptions, or damages that occur during the rental period on the rental object have to be announced immediately by the Client to WOW!. The client must wait for instructions from WOW!. Unauthorized remedy of deficiencies are prohibited to the Client.
6.11. The Client is forbidden from passing on the rented object or further renting it to a third party without prior written approval from WOW!.
6.12. The Client is not permitted to remove the rental object from the location of use specified in the rental contract without prior written approval from WOW!.
6.13. The trademark, the WOW! or manufacturer’s identification number, and other forms of identification are to remain unaltered on the rental object. The Client is forbidden from adding its own identifying mark to the rental object. This applies in particular to labels, stickers, and paintwork.
6.14. The place of return for the rented objects is the place of business/warehouse of WOW!. If damage is detected already on the return, these are recorded in a return protocol which must be signed by both contracting Parties. Insofar as in the individual case there is no consensus on the existence of damage or its origin, the different views of the contracting Parties must be included in the protocol. WOW! reserves the right to make an in-depth check / functional check after return.
6.15. If the rented property is not rentable or useable due to circumstances for which the Client is responsible, in particular, due to damage, prematurely necessitated maintenance work or due to the lack of return of accessories, the Client must owe compensation for use in the amount of the missed daily rent for every single day on which these rental objects are not available. The assertion of further compensation claims by WOW! remains reserved. WOW! undertakes in return for a dutiful minimization of damage.
6.16. The usage compensation stated in the previous section also applies if the rental object is not returned at the agreed time. The assertion of further compensation claims by WOW! remains reserved. WOW! undertakes in return for a dutiful minimization of damage.
6.17. Should the return of the rental object involve shipping, this is only permissible with the prior consent of WOW!. The Client carries the risk of the return shipment until delivery of the equipment to WOW!. The returned equipment must be delivered to WOW! free of charge and in original, shockproof transport packaging.
6.18. WOW! is entitled to make the handover of the rented object conditional upon the payment of an appropriate security deposit, which serves as security against any future claim that may arise out of the contractual relationship.
7. Cancellation of the Contract
7.1. Before the start of the rental period or before the start of the event (hereinafter referred to as “start”), the client may cancel the contract in whole or in part for a reason for which we are not responsible and which is not based on force majeure (Clause 12) or other legally regulated reasons (“Cancellation”).
7.2. If the client does not accept the contractual services at the start of the event or rental period (“no show”), this shall be deemed a cancellation within the meaning of Section 7.
7.3. The time of receipt of the cancellation by us is decisive for the calculation of cancellation costs. A complete or partial cancellation must be made in writing.
7.4. If the client cancels a confirmed order for reasons beyond WOW!'s control, the client is obligated to pay WOW! cancellation fees. The amount of the cancellation fees is calculated as follows (times specified before the first day of service provision, e.g., set-up day):
- Cancellation from 180 to 61 days: 30% of the order value as flat-rate compensation;
- Cancellation from 60 to 31 days: 50% of the order value;
- Cancellation from 30 to 8 days: 75% of the order value;
- Cancellation from 7 days or less: 90% of the order value.
7.5. If the client can provide evidence of lower expenses incurred by WOW!, he shall only be required to reimburse these expenses.
7.6. WOW! has the right to cancel the contract at any time if the Client commits a substantial breach of its obligations under these General Terms and Conditions of business or falls into payment arrears. Further, WOW! is entitled to cancel the contract in the event that the Client’s financial circumstances significantly deteriorate.
8. Warranty
8.1. Where the Client is not responsible for occurring faults, it is entitled to either rectification of the defect or supplementary service, whereby the Client and WOW! should jointly agree on the most expedient solution in order not to disrupt the course of the event. Further claims for compensation are excluded as long as the fault is not the result of intentional damage or gross negligence on behalf of WOW!.
8.2. If WOW! culpably fails to meet its obligations according to Clause 8.1 and if the planned event cannot be conducted exclusively for this reason, the Client is entitled to provide the service itself or to engage a third party as a substitute. Necessary and reasonable costs associated with these measures will be carried by WOW! within the scope of the maximum liability limits specified in Clause 9.
8.3. A warranty claim against WOW! is excluded to the extent that WOW! was unable to provide its services in the foreseen manner because the Client failed to meet his obligation to cooperate and provide input. In such cases, the Client is obligated to reimburse any resulting costs and damages, especially any loss of profit incurred by WOW!.
8.4. WOW! guarantees to provide services on schedule and to the agreed quality only when the Client has fulfilled its contractual obligations, in particular those related to timely payment.
9. Liability
The liability of WOW! is excluded regardless of the legal grounds, unless explicit provisions are made to the contrary in the following.
9.1. WOW! is liable for any damage caused through intent or gross negligence by its legally authorized representatives or vicarious agents. WOW! carries unlimited liability for culpable physical damage to life or health.
9.2. WOW! is also liable in cases of negligence involving the substantial violation of a contractual obligation that jeopardizes the purpose of the contract in whose fulfillment the Client may have specifically trusted. This liability is limited to compensation for damages that were typically foreseeable at the time of concluding the contract.
9.3. Except for the case of intent or gross negligence through leading employees and legally authorized representatives of WOW!, or cases of physical harm or injury to life or health, liability for secondary damages, e.g. loss of profit, unrealized savings, and immaterial damages are excluded as far as liability is not given in accordance with Clause 9.1 or Clause 9.2.
9.4. The preceding limitations of liability also apply to the legally authorized representatives and employees of WOW! and in cases of tortious or pre-contractual liability.
9.5. In the case of any form of data loss (including in particular, but not limited to, audio and video data), the liability of WOW! is limited to the compensation for costs that would normally be incurred to restore the data from an electronic backup assuming that regular and properly conducted backups of data have been implemented. The Client’s responsibility to carry out regular data back-ups in accordance with current technological standards remains unaltered.
9.6. Liability of WOW! for damages under the Product Liability Act remains unaffected.
9.7.All liability claims of the client against WOW! expire within one year after the claim arose and the client became aware of the circumstances giving rise to the claim against WOW! or should have become aware of them without gross negligence. This does not apply to the claims named in Clause 9.1 and Clause 9.6.
9.8. The client is liable for all damage to property and personal injury, including any consequential damage, caused by him, his employees or other third parties. He is also liable for the loss of equipment used to carry out the contract and during the contract. The duration of the event / the rental period is determined from the signed offer unless Clause 5. / Clause 6. of these general terms and conditions apply.
9.9. If we use external streaming service providers or internet platforms or similar to fulfill the order (e.g. YouTube, Zoom, etc.), we are not liable if technical problems arise there that lead to disruptions in the object of the order and we are not directly responsible for this ourselves (i.e. through our own direct actions or omissions). This also applies if services are to be provided online or on the internet. We are also not liable for disruptions or problems that are attributable to the fault of the internet access provider or the internet provider.
10. Copyright / Right of use
10.1. Should WOW! provide the Client with various graphic reproductions and contents such as renderings, Event offers, and concepts, hygiene concepts, safety concepts, planning documents, checklists, risk assessments or seating plans (collectively called “content’), this content is in principle subject to the Copyright Act (UrhG) and the copyright on this content necessarily remains with WOW!.
10.2. WOW! transfers the right of use for this content to the Client limited to the term of the contract. After the expiration of the contract, no matter for what reason, the right of use expires and the further use of the content is prohibited on all media.
10.3. Any obligation to prove that the content that has been used is the property of the Client is the responsibility of the Client.
11. Recording Rights / References
11.1. WOW! is entitled to take photos and/or videos at the event, while respecting the personal rights of the guests and the rights of third parties, and to use these for reference and our own advertising purposes unless you refuse this in advance for important reasons. In any case, we are entitled to take appropriate recordings for documentation and evidence purposes.
11.2. WOW! is entitled to use your name and the event covered by the contract as a reference to a reasonable extent for advertising purposes. You can object for important reasons.
12. Assignment, Transfer
WOW! is not permitted to completely assign or transfer the rights and obligations arising from the contract to a third party without prior written agreement from the Client. An exception here is the assignment or transfer to an associated company in the meaning of Section 15 German Company Act (AktG).
13. Distraint / Pledging
13.1. The Client may not pledge any rented object of WOW! or assign it as security to a third party.
13.2. Should a third party take possession of the rented object, on whatever grounds, the Client is obligated to inform WOW! per telephone or fax without delay. In the case of distraint, the Bailiff’s protocol must be forwarded to WOW! immediately. Contravention of this provision is grounds for WOW! to claim compensation for damages.
14. Force Majeure
Neither party shall be liable for events of force majeure that significantly impede WOW!’s performance of the service, temporarily hinder the proper execution of the contract, or make it impossible. Force majeure shall be deemed to be all circumstances independent of the will and influence of the parties to the contract, such as natural disasters, war and other military conflicts, mobilization, terrorist attacks, seizure, embargo, pandemics, and therefore officially imposed restrictions or other circumstances which are unforeseeable, serious and not caused by the parties and which occur after the conclusion of this contract. The client shall pay for the partial services demonstrably rendered up to the occurrence of the force majeure event. As soon as it is established that the force majeure event will last longer than six months, either party shall be entitled to terminate the contract in writing.
15. Insurance
15.1. WOW! is obligated to take out insurance against damages that may occur to the Client’s property or customers through the fault of its employees in the course of fulfilling its contractual obligations. The insurance policy to be concluded by WOW! must have a fixed liability coverage of Euro 2,000,000. — for personal and property damage.
15.2. The Client is obligated to provide insurance within the scope of his own liability insurance for any damage caused by the Client or third parties contracted by the Client that occurs to WOW!’s property in connection with fulfilling the contract.
16. Final Provisions
16.1. There are no verbal supplementary agreements to this contract. Alterations and supplementary provisions to the contract must be made in writing.
16.2. Retention: You are not entitled to exercise a right of retention against us due to any other claim not arising from this contractual relationship.
16.3. Assignment: The assignment of non-monetary claims against us is excluded to the extent that we have a legitimate interest in the exclusion or your legitimate interests in the assignability do not outweigh our legitimate interests in the non-assignability..
16.4. The place of performance is Eschborn, Germany. The place of jurisdiction is also Eschborn, Germany. German law applies.
16.5. Should one of the above provisions be or become invalid, this does not imply that the entire Terms and Conditions of business are invalid. The invalid provision should be replaced by one that is valid and equivalent to the intention of the Parties at the time of concluding the contract.
16.6. Choice of language: If these General Terms and Conditions are translated into a language other than German, in case of doubt the German language version shall prevail.
16.7. The contract is governed by the laws of the Federal Republic of Germany. The applicability of the United Nations Convention on Contracts for the International Sale of Goods, as well as all possible conflict of law provisions, is excluded.
16.8. Preservation of validity: You and we are obliged, if one or more provisions are ineffective or void for reasons other than the provisions relating to the law of the general terms and conditions according to §§ 305 to 310 BGB or if a gap in the regulation that needs to be filled arises, to replace them with an effective provision or to fill the gap that corresponds in its legal and economic content to the ineffective or void provision and the purpose of the contract.
Section 139 BGB (partial invalidity) is excluded.
If the ineffectiveness of a provision is based on a level of performance or time (date or deadline) specified in it, this provision must be agreed with a legally permissible level that comes closest to the original level.
Status of the general terms and conditions: March 18, 2025