Rimasys GmbH AGB (Terms & Conditions)
1. SERVICES, PRICES, PAYMENT, OFFSETTING
Rimasys GmbH shall be obliged to provide the services ordered by the customer and promised to Rimasys GmbH.
The customer is obliged to pay the agreed or applicable prices of Rimasys GmbH for these and other services used. This shall also apply to services commissioned by the customer directly or via Rimasys GmbH, which are provided by third parties and disbursed to Rimasys GmbH. In particular, this shall also apply to claims by copyright collecting societies. In the case of consumables, the exact consumption shall be invoiced, even if the exact consumption deviates from the number stated in an offer, unless otherwise agreed.
The agreed prices are net prices plus statutory value added tax, unless explicitly stated otherwise. In the event of changes to the statutory value-added tax or the introduction, amendment or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly.
Rimasys GmbH invoices without a due date shall be payable in full within ten days of receipt of the invoice. Rimasys GmbH may demand immediate payment of due receivables from the customer at any time.
Rimasys GmbH shall be entitled to demand an appropriate advance payment or security deposit, for example in the form of a down payment invoice, from the customer upon or after the conclusion of the contract.
Furthermore, Rimasys GmbH shall also be entitled to demand an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
The customer may only offset or set off an undisputed or legally binding claim against a claim of Rimasys GmbH.
2. RESCISSION BY THE CUSTOMER (CANCELATION, WITHDRAWAL)
The customer may only withdraw from the contract concluded with Rimasys GmbH if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if Rimasys GmbH expressly consents to the cancellation of the contract. The agreement of a right of rescission and any consent to the rescission of the contract shall be made in text form.
If Rimasys GmbH and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or claims for damages by Rimasys GmbH. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis Rimasys GmbH by the agreed date.
If a right of rescission has not been agreed or has already expired, if there is no statutory right of rescission or termination and if Rimasys GmbH does not agree to rescission of the contract, Rimasys GmbH shall retain the claim to the agreed remuneration despite non-utilization of the service.
Rimasys GmbH shall offset the income from renting the rooms to other parties and the expenses saved. The expenses saved in each case may be calculated as a lump sum in accordance with Section 2.5. The customer shall be free to prove that the claim did not arise or did not arise in the amount claimed. Rimasys GmbH shall be at liberty to prove that a higher claim has arisen.
Cancellation conditions: After the conclusion of the contract, the customer can reduce/cancel free of charge as follows; these regulations apply unless there are contractually agreed cancellation conditions with the customer:
Date reservation max. 21 days
Cancellation up to 45 days before the start of the event free of charge
Cancellation up to 30 days before the start of the event 50% of the offer price
Cancellation from 30 days before the start of the event 90 % of the offer price
6. fractured or unfractured human preparations manufactured by Rimasys GmbH or ordered by Rimasys GmbH from third parties can no longer be canceled from the time the order is received by Rimasys GmbH. Any costs in connection with the procurement, production or storage of these products shall be borne by the customer and cannot be reimbursed.
7. storage or cremation of ordered but unused fractured or unfractured human preparations can be arranged for a fee.
3. WITHDRAWAL BY RIMASYS GMBH
1. If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, Rimasys GmbH shall be entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked event rooms and the customer does not waive his right of withdrawal upon Rimasys GmbH's enquiry with a reasonable grace period.
2. Rimasys GmbH shall also be entitled to withdraw from the contract if an advance payment or security deposit agreed or demanded in accordance with clause 1.5 and/or clause 1.6 is not made even after a reasonable grace period set by Rimasys GmbH has expired.
3. Furthermore, Rimasys GmbH shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular, if:
- Force majeure or other circumstances for which Rimasys GmbH is not responsible make it impossible to fulfill the contract;
- events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
- Rimasys GmbH has reasonable grounds to believe that the event may jeopardize the smooth running of business operations, the security or the public reputation of Rimasys GmbH, without this being attributable to the sphere of control or organization of Rimasys GmbH;
- the purpose or occasion of the event is unlawful;
- there is a violation of section 1.2.
4. The justified withdrawal of Rimasys GmbH shall not give rise to any claim for damages on the part of the customer