Terms of service
Terms and Conditions Blaues Glück (Kirsten Heuschen; legal form = freelancer)
Contractor
Blaues Glück
Owner Kirsten Heuschen
Kiwittredder 96
22399 Hamburg
Telephone: +49 176 - 827 99 237
E-mail: kirsten@blauesglueck.de
§ 1 Scope
These general terms and conditions apply to all contracts that Kirsten Heuschen (hereinafter Blaues Glück) concludes with clients (hereinafter customers) for the implementation.
§ 2 Services provided by Blaues Glück
1. Blaues Glück provides the materials, papers, lamps for exposure and the studio for conducting the workshops and team events.
2. Blaues Glück prepares enough blue print photo paper for team events so that they can be exposed. In individual workshops and, by arrangement, also at team events, the blue print photo papers are prepared by the customers themselves during the workshop.
3. Customers who want paper or special materials that are not in stock need to obtain them themselves. Blaues Glück reserves the right to refuse materials brought by the customer for technical reasons. For team events, Blaues Glück will order special materials at the customer's request for an additional fee.
§ 3 Bookings and terms of payment
1. Bookings are made verbally, in writing, by telephone, online or by email. The order comes about when the booking is confirmed by Blaues Glück.
2. All prices are gross prices (small business regulation). Payments are due immediately when booking workshops. When booking team events, a deposit of 50% of the total price must be paid, which is due immediately. Final payments are due no later than two weeks before the agreed date of the team event.
§ 4 Cancellations and changes in the number of participants
1. Cancellations of workshops and team events are subject to cancellation fees as a percentage of the total price as follows:
within 7 days before the start of the workshop / event: 100 percent cancellation fee
2. The number of participants in booked team events can be changed up to three days before the start of the event, as long as the minimum number of participants is reached. The price due for the team event corresponds to the number of participants notified by the deadline three days before the start of the team event and confirmed in writing or verbally by Blaues Glück.
3. The number of participants in individual workshops can be changed up to seven days before the start of the workshop, as long as the number of participants is reached.
4. If a workshop / event has to be canceled by Blaues Glück, the full invoice amount will be refunded.
§ 5 Warranty and Liability
1. Blaues Glück is only liable, for whatever reason, for damage caused intentionally or through gross negligence by its legal representatives or their vicarious agents. Excluded from this are damages resulting from the breach of a contractual obligation that is essential for achieving the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, limb or health, for which Blaues Glück is also liable for slight negligence. In this case, however, liability for indirect damage, consequential damage and loss of profit is excluded. Liability for positive breach of contract and for tort is also limited to compensation for typical, foreseeable damage.
2. Customer claims resulting from a breach of duty by the legal representatives or vicarious agents of Blaues Glück expire one year after the start of the statutory limitation period. Excluded from this are claims for damages based on an intentional or grossly negligent breach of duty by the legal representatives or the vicarious agents of Blaues Glück, and claims for damages due to injury to life, limb or health, even if they are based on a slightly negligent breach of duty by the legal representatives or the vicarious agents of Blaues Glück; the statutory limitation periods apply to these claims for damages.
3. The customer is liable for damage caused by him to the premises, lamps and other work materials provided by Blaues Glück. Blaues Glück assumes no liability for objects brought by the customer or booked event areas. The customer is liable for damage to people and material for which Blaues Glück is not directly responsible.
§ 6 tools and materials
1. The customer undertakes to handle the premises made available by Blaues Glück as well as the lamps and other work materials carefully and considerately.
§ 7 Granting of rights of use and right to one's own image
1. The customer grants Blaues Glück the simple, spatially and temporally unlimited rights of use for the images of blue prints created during the workshop or team event and allows them to use them for the purpose of self-promotion, the presentation and documentation of the workshops and team events by means of all known and unknown technical possibilities (types of use), to make them publicly accessible (Internet), to edit, to archive and to send.
§ 8 Exemption
1. If claims are made against Blaues Glück by third parties for possible violations of the law based on the content of individual photo motifs, the client undertakes to indemnify Blaues Glück from any liability and to reimburse the costs incurred due to the claim and Blaues Glück also in otherwise assist in the legal dispute.
§ 9 Final Provisions
1. German law applies to this contract.
2. The place of jurisdiction is Hamburg if both contracting parties are merchants, legal entities under public law or special funds under public law.