GENERAL TERMS AND CONDITIONS

Version: April 2023
 

§1 Scope of Application

The following General Terms and Conditions apply to all offers and services provided by the agency “The Great Wedding,” represented by its owner, Esra Sippel, in the version valid at the time the contract is concluded.

The contractual partner is hereinafter referred to as the “Client” or “Bridal Couple,” and the agency “The Great Wedding” is referred to as the “Agency.”

These terms form an integral part of all written contracts and agreements between the Client and the Agency. They also apply to all future business relationships with the Client, even if they are not explicitly agreed upon again.
General terms and conditions of the Client, amendments to these terms, or side agreements are only valid if expressly agreed to by the Agency in writing.

All agreements must be made in writing.

 

§2 Offer, Conclusion of Contract, Scope of Services

Offers made by the Agency are always non-binding and valid for 10 days unless otherwise expressly agreed in writing between the parties.
The preparation of an offer may be revised up to two times free of charge in all positions.

The contract is concluded only upon the Client’s signature of the order confirmation. The Agency begins work only after written confirmation of the assignment. By signing the order confirmation, the Client accepts these General Terms and Conditions.

The scope and nature of the Agency’s services are defined exclusively by the contractual agreements stated in the binding order confirmation and these GTC.

Any changes to the contract after signing the order confirmation are only valid if submitted in writing and confirmed by both parties.

The Agency is entitled to engage third parties for the performance of the agreed services. In such cases, the service contracts are concluded directly between the Client and the respective third-party provider. The Agency acts solely as an intermediary.
In exceptional cases, and with the Client’s approval, the Agency may enter into contracts with third parties on behalf and at the expense of the Client.
The Agency may implement necessary changes or adjustments to individual contractual services if they become required after contract conclusion and do not significantly affect the overall event concept.

Invoices for all third-party services are issued directly to the Client. The Agency does not act as the Client’s receiving agent.

 

§3 Prices

The Agency’s services are billed according to the contractual agreement—either as a fixed fee, as a percentage of individual services, or based on hourly rates.
Subsequent change requests or additional services that become necessary during the planning process must be compensated separately.

All prices include the applicable VAT (currently 19%).

 

§4 Payment Terms

The payment terms stated in the order confirmation apply. Unless otherwise agreed, payments are due without deduction within 10 days of invoicing.
Thirty days after the due date, the Client automatically enters default without further reminder. Interest of 5% applies from the onset of default.

For full-service planning, unless otherwise agreed in writing, the first of two instalments—50% of the total fee—is due upon receipt of the first down-payment invoice and must be paid within 10 days.
For full-service planning, the second instalment is due 20 days before the event date and must be paid within 10 days of the final invoice.

For partial planning, the second instalment is due upon completion of the agreed services and must be paid within 10 days.

Additional expenses or extra agreed services will be invoiced separately or included in the final invoice.

All instalments must be credited to the Agency’s bank account by the respective due dates.
All outstanding amounts must be paid in full no later than 10 days before the event.

If the Client fails to pay within the deadline set by the Agency, the Agency is entitled to withdraw from the contract. The Agency’s claim to the full contractually agreed fee remains unaffected. Any payments already made by the Client will be offset.

 

§5 Client’s Duty to Cooperate

The Client must actively participate in the planning process by making timely decisions based on the Agency’s proposals.
The Client must also provide all necessary information regarding event details, special requirements, or changes.

The Client must comply with the payment terms outlined in §4.
Where applicable, the registration and payment of fees to GEMA or the Artists’ Social Security Fund (Künstlersozialkasse) are the Client’s sole responsibility.

If the Client fails to fulfil their contractual obligations, the Agency is not bound to adhere to previously agreed deadlines or schedules.

 

§6 Performance of Services

Unless otherwise agreed, services by the Agency will be provided as soon as possible.
Deadlines begin only once all details of execution have been agreed upon.

The Agency is released from its performance obligations if service delivery becomes impossible due to force majeure or unexpected, extraordinary circumstances that could not have been prevented despite reasonable care.
This includes, in particular, strikes, official orders, or political events.
In such cases, the Client has no claim to damages or rights of withdrawal.

 

§7 Withdrawal

If the event cannot be carried out due to force majeure or extraordinary circumstances—particularly due to government restrictions such as COVID-19—both parties may withdraw from the contract.
Withdrawal must be declared in writing.
In such cases, the Agency retains any deposit already paid.

If the Client wishes to withdraw early or terminate the contract without a qualifying reason (such as force majeure or gross negligence of the Agency), acceptance of the withdrawal is at the Agency’s discretion.
There is no entitlement to such acceptance.

In the event of voluntary withdrawal, the first instalment is non-refundable, as it covers the initial planning efforts.
The Client must also reimburse the Agency for any additional expenses incurred up to the point of termination.
The Agency will invoice accumulated planning hours based on the agreed hourly rate.

The following minimum fees apply:

  • Up to 6 months before the event: 70% of the total fee

  • Up to 3 months before the event: 80% of the total fee

  • Up to 1 month before the event: 100% of the total fee

COVID-19 Regulation

If the event must be postponed due to an official event ban (e.g., due to COVID-19 or future pandemics), an alternative date will be agreed upon.
The fee remains valid, and an additional rescheduling fee of €890 (incl. VAT) applies.

If no mutually acceptable alternative date can be found, the Agency may charge the following minimum fees:

  • Up to 6 months before the event: 45% of the fee

  • Up to 4 months before the event: 65% of the fee

  • Up to 1 month before the event: 85% of the fee

 

§8 Warranty

The Agency provides warranty in accordance with statutory provisions and the contractual agreements.
No warranty applies where the Client disregards the Agency’s plans or explicit instructions, or where errors arise from third-party performance or incorrect information provided by the Client.

Obvious defects must be reported immediately.
If the Client fails to notify defects in due time and they cannot be remedied during the event, no claims may be made against the Agency.

 

§9 Liability

The Agency is liable—regardless of legal grounds—only if damages result from culpable breach of an essential contractual obligation or from gross negligence or intent.

In cases of breach of essential obligations without gross negligence or intent, liability is limited to foreseeable damages typical at the time the contract was concluded.

The Agency is not liable for indirect damages, consequential damages, or loss of profit.

The Agency is not liable for damages caused by force majeure or extraordinary circumstances that are not attributable to the Agency (e.g., government orders, war, unrest, natural disasters, strikes, etc.).

The Agency is not liable for damages caused by third-party providers, as these are not vicarious agents of the Agency.
Claims must be asserted directly against the respective third party.

Any further liability is excluded.

 

§10 Copyright, Usage Rights, Self-Promotion

Unless expressly agreed otherwise in writing, all usage rights to concepts, texts, photographs, plans, sketches, designs, and models created by the Agency remain with the Agency.

The Agency is entitled to use texts, concepts, photographs, and delivered materials from the contractual performance for self-promotion and reference purposes.
The Agency is also permitted to take photographs during the event and use them for promotional and reference purposes.

 

§11 Final Provisions

Amendments or additions to these terms must be made in writing; this also applies to the waiver of this clause.

If any provision is or becomes invalid, the validity of the remaining provisions shall not be affected.
In place of the invalid provision, a valid rule shall apply that best reflects the intended purpose.

The Agency is operated by owner Esra Sippel, based in Cologne, Germany.

The contractual relationship is governed exclusively by the laws of the Federal Republic of Germany, regardless of the Client’s nationality.

Place of jurisdiction is Cologne.