
AGB
General Terms & Conditions
1. General
1.1. The following conditions apply to all offers, contracts and all other services provided by WOW! GmbH (hereinafter 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. With the acceptance of services from WOW!, the Client accepts the exclusive validity of these General Terms and Conditions of business unless otherwise agreed in writing.
1.4. WOW! GmbH is not the organizer and does not assume any obligations related to the organizer unless expressly agreed otherwise.
1.5. The following paragraphs of the General Terms and Conditions are excluded in the case of direct orders from the hotel for events where the hotel itself is the organizer: Clause 5.15. & 5.16. & 5.18. & 6.4. & 7.3.
2. Conclusion / Content of the Contract
2.1. Offers made by WOW! are subject to confirmation.
2.2. As a rule, the contract becomes effective with the written confirmation of the order from WOW!.
2.3. The legal situation at the time the offer is made is decisive. If a later change in the legal situation requires adjustments to our services, we can request a corresponding adjustment of the remuneration or reimbursement of the additional costs in accordance with Clause 3.7., provided that it can be proven that additional costs have been incurred.
2.4. The content of the contract is based on the content of the confirmation of order. Supplementary agreements require the written form.
3. Prices / Terms of Payment
3.1. The prices are those specified in the confirmation of order, which provides the basis for the contract.
3.2. 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.
3.3. WOW! is entitled to advance payment of up to the total amount of the invoice.
3.4. 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 contract), possibly with different dates for advance payments.
3.5. 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.
3.6. The Client is entitled to offset only undisputed or legally determined claims against a claim placed by WOW!.
3.7. In the case of longer rental periods, WOW! is entitled to invoice its services to the Client on a weekly basis.
3.8. Additional services are services that are not or were not included in the contract and are subsequently ordered in writing. These additional services are to be paid for based on our general price list.
4. Full-Service
This paragraph relates to events where WOW! offers technical equipment and related services and/or support in the field of A / V media technology.
4.1. The rental period is calculated in days. Each started day is calculated as a full day.
4.2. WOW! reserves the right to commission subcontractors for the fulfilment of the order.
4.3. The Client assures WOW! to be the owner of the music, film and image rights used in any performed presentations or to have acquired corresponding licenses (e.g. GEMA, GEZ, software licenses, which are required for presentation). The Client is responsible for the content of presentations of any kind. The Client must indemnify WOW! and compensate for expenses incurred in connection with claims regarding the content presented, infringement of property rights or the prosecution of such violations. The same applies to such protected music, film and image products handed over to WOW! for the performance of the order.
4.4. The Client must permit employees of WOW! to check the rental object at any time during the usual hours of business.
4.5. 4.5. The Client is not permitted to remove the rental object from the location of use specified in the contract without prior written approval from WOW!.
4.6. 4.6. 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 to add its own identifying mark to the rental object. This applies in particular to labels, stickers and paintwork.
4.7. The Client is obligated to inform WOW! without delay of the end of the event.
4.8. WOW! and its personnel supervisors are solely authorized to issue instructions to the personnel employed by WOW! for the duration of the event. The Client will not issue any instructions to the personnel of WOW!. The supervisor must always be available, as far as personnel is employed at the Client’s site.
4.9. 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.
4.10. The use of the electrical and other technical equipment of WOW! under the use of power and other power networks of the Client requires the prior consent of the Client. WOW! is liable for any disruption or damage to the power grids and other technical equipment of the Client arising from the use of its equipment in accordance with these General Terms and Conditions.
4.11. If the client or the 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 can assume that this inspection has already been carried out in accordance with the rules before it is handed over to us and that the equipment is immediately ready for use.
4.12. Decoration material brought by WOW! must comply with the fire police requirements. The Client is entitled to demand official proof for this. Due to possible damage, the installation or attachment of decoration or similar material must be coordinated in advance with the Client.
4.13. The use of pyrotechnics and fog machines is generally to be agreed with the Client and only allowed with the written consent of the Client.
5. Rental Business
This paragraph concerns rental contracts (“dry hire”) under which WOW! will provide the Client with technical equipment on a rental basis for an agreed period of time and long-term rental agreements.
5.1. The rental period begins with the handover of the equipment, however, at the latest on the starting date specified in the rental contract.
5.2. The rental period is calculated in days. Each started day is calculated as a full day.
5.3. 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.
5.4. 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.
5.5. The Client must permit employees of WOW! to check the rental object at any time during the usual hours of business.
5.6. 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.
5.7. 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.
5.8. 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!.
5.9. 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.
5.10. Errors, disruptions or damages that occur during the rental period on the rental object have to be announced immediately by Client to WOW!. Client must wait for instructions from WOW!. Un-authorized remedy of deficiencies are prohibited to the Client.
5.11. The Client is forbidden from passing on the rented object or further renting it to a third party without prior written approval from WOW!.
5.12. 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!.
5.13. 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.
5.14. 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.
5.15. 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 each single day on which these rental objects are not available. The assertion of further compensation claims by WOW! remains reserved. WOW! undertakes in return to a dutiful minimization of damage.
5.16. 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 to a dutiful minimization of damage.
5.17. 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.
5.18. 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.
6. Cancellation of the Contract
6.1. 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”).
6.2. 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 6.
6.3. 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.
6.4. If the client cancels, he is obliged to pay cancellation costs to WOW! GmbH. The amount of the cancellation costs to be paid is calculated as follows:
- Cancellation before the start: 30% of the order value as flat-rate compensation;
- Cancellation less than four weeks before the start: 50% of the order value;
- Cancellation less than two weeks before the start: 75% of the order value;
- Cancellation less than one week before the start: 100% of the order value.
6.5. In any case, pre-production costs incurred at the time of cancellation and / or production costs already incurred shall be reimbursed at 100%.
6.6. In all cases, the client must reimburse third parties for costs (e.g. lighting or sound equipment rented in anticipation of the event, external personnel requested, etc.) that are claimed by these third parties from us or directly from the client, insofar as these services are not included in our agreed fee and flat rates, for which we have the burden of proof.
6.7. 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.
7. Warranty
7.1. 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 far as the fault is not the result of intentional damage or gross negligence on behalf of WOW!.
7.2. If WOW! culpably fails to meet its obligations according to Clause 7.1 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 8.
7.3. 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!.
7.4. 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.
8. Liability
The liability of WOW! is excluded regardless of the legal grounds, unless explicit provisions are made to the contrary in the following.
8.1. WOW! is liable for any damage caused through intent or gross negligence by its legally authorised representatives or vicarious agents. WOW! carries unlimited liability for culpable physical damage to life or health.
8.2. WOW! is also liable in cases of negligence involving the substantial violation of a contractual obligation that jeopardises the purpose of the contract in whose fulfilment 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.
8.3. Except for the case of intent or gross negligence through leading employees and legally authorised representatives of WOW!, or cases of physical harm or injury to life or health, liability for secondary damages, e.g. loss of profit, unrealised savings and immaterial damages are excluded as far as liability is not given in accordance with Clause 8.1 or Clause 8.2.
8.4. The preceding limitations of liability also apply to the legally authorised representatives and employees of WOW! and in cases of tortious or pre-contractual liability.
8.5. 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.
8.6. Liability of WOW! for damages under the Product Liability Act remains unaffected.
8.7.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! GmbH or should have become aware of them without gross negligence. This does not apply to the claims named in Clause 8.1 and Clause 8.6.
8.8. 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 4 / Clause 5 of these general terms and conditions apply.
8.9. If we use external streaming service providers or internet platforms or similar to fulfil 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.
9. Copyright / Right of use
9.1. 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 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!.
9.2. WOW! transfers the right of use for this content to the Client limited to the term of the contract. After 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.
9.3. Any obligation to prove that the content that has been used is the property of the Client is the responsibility of the Client.
10. Recording Rights / References
10.1. We are 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.
10.2. We are 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..
11. 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).
12. Distraint / Pledging
12.1. The Client may not pledge any rented object of WOW! or assign it as security to a third party.
12.2. 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.
13. 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, mobilisation, 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.
14. Insurance
14.1. 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 5,000,000. — for personal and property damage.
14.2. 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 Client that occurs to WOW!’s property in connection with fulfilling the contract.
15. Final Provisions
15.1. There are no verbal supplementary agreements to this contract. Alterations and supplementary provisions to the contract must be made in writing.
15.2. Retention: You are not entitled to exercise a right of retention against us due to any other claim not arising from this contractual relationship.
15.3. 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..
15.4. The place of performance is Eschborn, Germany. The place of jurisdiction is also Eschborn, Germany. German law applies.
15.5. 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.
15.6. 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.
15.7. 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.
15.8. 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: February 12, 2025