General Terms and Conditions – Club Tour
(as of 09/01/2021)

§ 1 VALIDITY, CONTRACT LANGUAGE

(1) The offers and these General Terms and Conditions of MICA Media GmbH, Brandenburgische Str. 55A, 10707 Berlin are aimed at consumers and entrepreneurs alike, but only at end users. For the purposes of these General Terms and Conditions, (i) consumers are any natural persons who enter into a contract for a purpose which can be attributed primarily to neither their commercial nor freelance professional activities (Section 13 BGB [German Civil Code]) and (ii) an "entrepreneur" is any natural person, legal entity, or legal partnership entering into a contract as part of their commercial or freelance professional activities (Section 14 Art. 1 of the German Civil Code (BGB).

(2) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions of Sale. These are part of all contracts that we conclude with our customers (hereinafter referred to as "organiser") about the goods offered by us.

(3) Deviating conditions of the participant or third parties shall not apply if and insofar as we do not expressly recognise them in writing. Our silence on deviating conditions of this kind shall in particular not constitute acknowledgment or approval, including with regard to future contracts. Even if we refer to a letter that contains or refers to the terms and conditions of the organiser or a third party, this does not constitute an agreement with the validity of those terms and conditions. The exclusion of the general terms and conditions of the organizer shall also apply if these do not contain any separate regulation on individual points of regulation.

(4) Contract languages are German and English. In the event of deviations between the German and English versions of the offers or these General Terms and Conditions, the German version shall take precedence.

§ 2 Subject of the contract

(1) The organiser undertakes to hold an event at the agreed venue on the agreed date.

(2) We undertake, within the framework of the 1 to provide the following services:
a) An approx. 45-minute DJ set by Micaela Schäfer with live vocals
b) An approx. 15-minute Meet & Greet in the backstage area (unless something special has been agreed, the person who wins the contest, which was organised on the basis of the event, receives the Meet & Greet)
c) Approximately 90-minute autograph session with photos and selfie opportunity for the guests
d) Provision of give-aways, the choice and number of which are at our discretion and which are brought by Micaela Schäfer to the event date
e) The promotion of the event by us on our website www.micaela-s.de  as well as on our social media pages (Facebook and Instagram).

(3) During the DJ set, guests may dance next to or behind Micaela Schäfer, whereby the selection and number of guests is at the discretion of the organizer. We offer the organizer the choice of music. According to the selection made, the music composition takes place, whereby the concrete selection of the song titles is incumbent on Micaela Schäfer or us.

(4) The organiser shall carry out the event in his own name, for his own account and at his own expense. It is responsible for paying any taxes, artist's social security contributions and other levies as well as for reporting and paying fees for the performance of copyrighted works to collecting societies, in particular to GEMA. We will hand over to the organizer a complete list of all copyrighted works that are expected to be presented during the event at the organizer's request, but no earlier than 1 week in advance.

(5) Insofar as the offer includes several services, the services shall be considered as individual services. This also applies if a total price has been agreed for the services.

(6) Extensions or reductions to the agreed scope require a written agreement of the contracting parties.

(7) In the event of a personal obligation, we will inform the organiser immediately if the agreed performance cannot take place on the date of performance due to illness or other hindrance.

(8) We do not assume any guarantee of success for the achievement of an intended goal or result. The subject of the placed order is the agreed service, not a specific success.

(9) The dates, arrival and location are determined in consultation between us and the organizer. The organizer is obliged to keep the agreed appointments. Dates are to be regarded as agreed as soon as they are confirmed by us.

(10) An event cancelled by the organizer does not entitle to a reduction of the costs for this booking or to an extension of another date, insofar as the cancellation was not caused by us.

(11) Moreover, Micaela Schäfer is free to present and design her programme. She is not subject to artistic instructions from the organiser or a third party.

§ 3 OBLIGATIONS OF THE ORGANIZER TO COOPERATE

(1) The organizer must ensure the following technical requirements or provide the following equipment at its own expense:
a) At the DJ set place, a space the size of 2 turntables for our equipment, a power connection, a wireless hand-held microphone and a fan must be provided.
b) At the event date, the organizer must ensure that the sound engineer/DJ cables and decables our equipment professionally and ready for use. The wiring to the mixing console must be done via RCA or XLR cable.
c) Micaela Schäfer is entitled to carry out a sound check before her performance.
d) Micaela Schäfer will be provided with security for the entire evening, i.e. from the arrival until the departure from the venue.
e) A tour guide, who at the same time ensures the security of Micaela Schäfer for this time, will pick up Micaela Schäfer from the agreed train station or airports and drive to the venue and from there back or to the accommodation booked by us.

(2) The organiser will advertise the event in a manner customary in the industry and at its own expense and responsibility, at least in the following media:

(3) Advertising for other services may only be published by the organizer with our express written consent in connection with our performances.

(4) If the organiser fails to act in a cooperative manner or if our performance is delayed for other reasons for which the organiser is solely responsible, we must first warn the organiser of this by setting a reasonable deadline, insofar as this is not unreasonable for us. After expiry of the set period, we are entitled to claim compensation for the resulting damage, including additional expenses. For this, we charge a flat-rate contractual penalty in the amount of 50% of the net price calculated in the offer. The proof of a higher damage as well as the assertion of other legal claims remain unaffected; the lump sum is to be offset against further monetary claims. The organizer is entitled to prove that we have incurred no damage at all, or only significantly less damage than the aforementioned lump sum.

(5) If the organiser commissions third parties to participate in the agreed services or books other external services through third parties, the organiser is responsible for the organisational and temporal coordination of the third parties with our activities, unless expressly agreed otherwise with us.

(6) The organiser is liable to us for damage culpably caused by the violation of its duty of care, care and notification on the objects brought along. He is equally liable for damage caused by his relatives, employees and third parties commissioned by him. If the organizer or the aforementioned group of persons has caused damage to the rental object, he must notify us immediately. We are entitled to have the work necessary to rectify the damage carried out at the expense of the organizer, insofar as such rectification of damage is possible and economically reasonable; the decision to do so is ours.

§ 4 OFFER AND CONCLUSION OF CONTRACT

(1) The organiser may request an offer by telephone, via the contact form or in any other text form.

(2) Insofar as the organizer receives an offer (cost estimate) from us, the following shall apply: All offers (cost estimates) are subject to change and non-binding unless they are expressly marked as binding. The period of validity of the offer is determined by the offer itself. Decisive for this is the receipt of the declaration of acceptance in text form by us. By accepting the offer, the organizer acknowledges this ALB.

(3) The contract is only concluded upon confirmation of the order/registration by us, unless our offer has already been expressly marked as binding.

(4) The text of the contract will be saved by us after conclusion of the contract. The General Terms and Conditions are accessible to the organizer at any time at www.micaela-s.de and can be saved and printed by the organizer. Furthermore, we will provide the organizer, which is a consumer, with the contractual provisions including these General Terms and Conditions in text form at the latest with the offer.

(5) Information provided by us on the subject of the service (e.g. technical data, time specifications) is only approximate unless the usability for the contractually intended purpose requires an exact match. These are not guaranteed characteristics, rather they are descriptions or identifications of the service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements are permissible insofar as they do not impair the usability for the contractually intended purpose. The same applies if and insofar as we assume an express warranty.

(6) Information and explanations regarding services provided by us and our employees are provided exclusively on the basis of previous experience. They do not represent any characteristics or guarantees with regard to the services. A guarantee shall only be deemed to have been assumed by us if we have designated a characteristic and/or a performance success as "legally guaranteed" in writing.

(7) The properties of samples etc. shall only become part of the contract if this has been expressly agreed in writing. The organizer is not entitled to exploit and pass on samples.

(8) We reserve the ownership and/or copyright of all offers and cost estimates made and drawings, illustrations, calculations, brochures, catalogues, models, tools and other documents and aids made available to the organiser. The organizer may not make these items available to third parties, either as such or in terms of content, disclose them, use them himself or through third parties, or reproduce them without our express consent. At our request, he shall return these items to us in full and destroy any copies made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.

§ 5 PRICES AND PAYMENT

(1) The prices quoted by us in the offer shall apply at the time of conclusion of the contract; these shall be understood as total prices including statutory value added tax. Price information in the order can also be provided by reference to the relevant items of the price lists available from us.

(2) Any costs for packaging, transport, shipping, insurance, GEMA fees and other fees or public charges are not included and will – insofar as we have taken over the service – be charged separately. Insofar as we issue an offer, these costs will be shown separately there and will be at the expense of the organiser.

(3) The prices stated in the offer were created on the basis of the order data described by the organizer and are subject to the proviso that they remain unchanged. Otherwise, we reserve the right to adjust the offer accordingly or – if the order has already begun – to charge the corresponding additional costs. Any additional expenses compared to the calculation are to be remunerated separately.

(4) We are also entitled to reimbursement of the following expenses, insofar as these are not already quantified in the offer: For events in the area of Germany, Austria, Switzerland, we will be reimbursed overnight accommodation costs or travel costs in the amount of a flat rate of 600.00 euros per calendar day. We reserve the right to choose the means of transport and accommodation.

(5) Payment is generally made on account.

(6) Invoicing shall generally be in euros. If costs are incurred in other currencies, the organizer shall in principle bear the risk of an increase in costs due to a deterioration in the exchange rate between the time of calculation and the actual payment of costs that are invoiced by third parties in foreign currency as agreed. In the case of transfers from abroad, the organizer always bears the bank charges incurred.

(7) Invoice amounts are due immediately and payable within 14 days of invoicing without any deduction, unless otherwise agreed in writing. The effective date of payment is the day on which we receive it. If the organizer fails to pay at maturity, the outstanding amounts shall bear interest at the statutory default interest rate from the date of maturity; the assertion of higher interest and further damages in the event of default shall remain unaffected. Furthermore, we are entitled to a default lump sum of 40.00 euros.

(8) We are entitled to demand advance payment, insofar as this is contractually agreed. The amount in this case results from the agreement.

(9) We are entitled to start the service only after the advance payment in the agreed amount has been made by the organizer. Insofar as there are further claims against the organizer, we also reserve the right to start our own service only after receipt of all arrears. We reserve the right to withdraw from the contract if the organiser has not paid the full booking fee one day before the start of the event, despite a reminder.

(10) Offsetting against counter-claims of the organiser is only permissible if the counter-claims are undisputed or legally established. The organizer is only authorized to exercise a right of retention insofar as his counter-claim is based on the same contractual relationship.

(11) Any objections to the billing of the services rendered by the provider are to be submitted in writing to the location indicated on the invoice within eight weeks after receipt of that invoice. After the expiry of the aforementioned deadline, the settlement is considered approved by the organizer. By sending the invoice, we will inform the organisers in particular of the importance of their behaviour.

§ 6 GRANTING OF RIGHTS

(1) Insofar as we use the logo, the company name, any trademarks or other intangible protected goods of the organizer for the purpose of advertising the event, the organizer shall grant us a non-exclusive right of use, unlimited in terms of space and content and limited in time to 6 months after the end of the event, which may be sublicensed. In terms of content, the right of use includes in particular any commercial and non-commercial, editorial and non-editorial, digitised, electronic and printed use, in particular the right
a) For physical exploitation in the form of reproductions and distributions, i.e. the right to reproduce and/or distribute the work in whole and/or in part, in particular also individual elements of the work as desired.
b) The right of editing and translation (i.e. the right to have the content translated into other languages and to evaluate these translations to the same extent, in particular to reproduce and distribute the translation; to design, digitise and use the materials interactively; the right to combine the content with other works/services).
c) The comprehensive right to incorporeal exploitation in the form of public communication. This includes, in particular, the right to present, perform and perform, the right to make available to the public, the right to broadcasting, the right to reproduce by means of video and sound recordings and the right to reproduce radio broadcasts and to make available to the public.
d) The right to archive, i.e. the right to archive the content in whole and/or in part in any technical form, to place it in collections and databases, to store it in a retrievable manner and to evaluate it.
e) The right to broadcast (i.e. the right to make the work available in encrypted or unencrypted form via radio, sound and television broadcasting, wire broadcasting, satellite broadcasting, cable broadcasting and/or similar technical means by means of analogue, digital and/or other transmission technology, in whole or in parts of the public, including all bandwidths, resolution standards, irrespective of the compression method and/or data rate, via radio, telecommunications and/or other services, as often as desired. This applies to all technical means and all possible broadcasting methods.
f) The right to advertise/promote, i.e. the right to advertise in all media in a manner customary in the industry; the right to use the materials in all media (un)processed for advertising and promotional purposes for the organiser and their respective services.

(2) If claims are made against us by a third party for omission, removal, provision of information, reimbursement of expenses or damages on the basis of content/material provided by the organiser, the organiser must indemnify us from the expenses, including reasonable costs of legal defence. We reserve the right to assume sole defence and to assume alone any possible dispute that may lead to a claim for indemnification against the organisers; the indemnification obligations of the respective organiser remain unaffected by this. To the extent permitted by law, we will inform the organiser immediately if claims are asserted against us or indications become known that a violation of statutory provisions or a violation of the rights of third parties attributable to the organiser exists.

(3) We are entitled to immediately remove or deactivate the advertisement if there are indications that these rights could be infringed by third parties. Evidence of unlawfulness and/or a violation of law exists in particular but not exclusively if third parties take measures of any kind against us and/or the organiser and base these measures on the accusation of unlawfulness and/or a violation of law. There will be no refund of fees due to the premature removal of advertisements due to the above provisions.

§ 7 RIGHT OF REVOCATION (for consumers)

In accordance with the legal obligations, the organiser, who is a consumer, is advised that, in accordance with the statutory provisions  (§ 312g para. 2 sentence 1 no. 9 BGB) in the case of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, supply of food and drink and for the provision of further services in connection with leisure activities, if the contract provides for a specific date or period for the provision, there is no right of withdrawal.

§ 8 LIABILITY

8.1 General
(1) The following exclusions and limitations of liability apply to liability of the organiser for damages, without prejudice to the other statutory requirements.

(2) We shall be liable for damages without limitation, insofar as
a) these are due to gross negligence or intent,
b) we have assumed a guarantee for the quality of the goods,
c) these are to be replaced in accordance with the Product Liability Act,
d) these are due to life, limb or health, or

e) these are based on a culpable violation of essential contractual obligations.
(3) The liability for simple and gross negligence as well as for the violation of essential contractual obligations is furthermore limited to the foreseeable and contract-typical damage, the occurrence of which the organizer had to expect at the time of the conclusion of the contract due to the circumstances known to him at that time and insofar as no other of the damages listed in para. 2 lit. b) to c) are present at the same time.

(4) In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for negligence in the conclusion of the contract, is excluded.

(5) The strict liability on our part pursuant to § 536a para. 1, 1. Alt. BGB for defects already existing at the time when the contract was concluded shall be excluded.

(6) The above exclusions and limitations of liability shall also apply in favor of the employees, vicarious agents and other third parties whose services we use to fulfill the contract.

(7)The above regulations shall apply to all claims for compensation of damages (in particular to compensation of damages in addition to service and compensation in place of service), regardless of the legal reason, and in particular in the event of defects, breaches of obligations arising from the contractual relationship or tort. They shall also apply to claims for the reimbursement of wasted expenditure.

(8) A change in the burden of proof to the detriment of the organiser is not connected with the above provisions.
8.2 Liability due to delay

If the organizer incurs damages due to a delay for which we are responsible, he shall be entitled to claim compensation for the delay (including reimbursement of futile expenses) to the exclusion of any further claims. For each week of delay which commences, this shall amount to 0.5% of the net remuneration for the delayed delivery of the goods and/or service as a whole, but no more than 5% of the net remuneration for the overall delivery and/or overall service which, as a result of the delay, is delivered by us in a manner which is either not timely or is not in accordance with this contract. Further compensation for the damages caused by delay is excluded. This shall not apply in the case of willful, grossly negligent or malicious action on our part, in the case of claims due to injury to life, limb or health, in the case of an agreed fixed delivery date in the legal sense, the adoption of a performance guarantee or procurement risk in accordance with section 276 BGB, and in the case of statutory liability.

8.3 Liability due to impossibility
We shall be liable for impossibility of performance in cases of intent or gross negligence on the part of the contractual partner or a representative or vicarious agent, as well as for culpably caused injury to life, limb or health in accordance with the statutory provisions. In cases of gross negligence, however, should performance be impossible our liability shall be limited to the damages foreseeable under a typical contract unless another of the exceptions listed in clause 1 is also present. Outside the cases from clause 1 and clause 2, our liability to compensate damages due to impossibility and reimburse wasted expenditure shall be limited to a total of 10% of the value of the service which has been rendered impossible. Further claims of the organizer due to impossibility of delivery are excluded - even after the expiry of a deadline set for us to perform. The right of the organizer to withdraw from the contract remains unaffected. A change of the burden of proof to the disadvantage of the organizer is not connected with the above regulations.

§ 9 FORCE MAJEURE

(1) We are not responsible for the impossibility of performance or for performance delays, insofar as these are caused by
a) force majeure (e.g. civil unrest, acts of terrorism, strikes/lockouts, natural disasters, acts of war, difficulties in the procurement of materials, local power failures, accidents, difficulties in obtaining any necessary official permits, pandemics), or
b) virus and other, even non-technical attacks by third parties on our system, even though we have taken the protective measures corresponding to the state of the art, or
c) obstacles have been caused by German, US and other applicable national, EU or international regulations of foreign trade law or by other circumstances, for which we are not responsible or
d) illness on our part
e) official orders become impossible (this includes in particular orders according to the IfSG, orders prohibiting commercial implementation, ordering blocking times, other orders that make implementation legally or actually impossible or that make implementation unreasonable)
f) (In the case of outdoor DL), the presence of severe weather warnings from the German Weather Service for the corresponding region or other weather conditions that are hazardous to health are caused (e.g. heavy rain, freezing ice, temperatures above 35°C [measured at the agreed place of performance]

(2) In the event of non-availability of the service for which we are not responsible or a delay in the service for which we are not responsible as a result of the aforementioned events of para. 1, the organizer will be informed immediately of the lack of service option.

(3) If a performance date has been bindingly agreed and is due to events according to para. 1 sentence 1, the agreed performance date has been exceeded by more than four weeks or, in the case of a non-binding performance date, it is objectively unreasonable for the organiser to adhere to the contract, the contracting parties are entitled to withdraw from the contract because part of the contract has not yet been fulfilled. In the event of withdrawal by the organiser and/or by us, the service already provided will be refunded immediately. Further claims of the organizer, in particular claims for damages, do not exist in this case.

(4) If we are in default with a service or if a delivery or service becomes impossible for whatever reason, the liability is limited to damages in accordance with § 8 of these General Terms and Conditions.

§ 10 TERMINATION IN THE CASE OF WORK/SERVICE CONTRACTS

(1) Ordinary termination is excluded.

(2) The right of both parties to terminate for cause shall remain unaffected. Such good cause may exist in particular if a) the organiser fails to comply with statutory or contractual provisions, in particular fails to comply with its obligations to cooperate despite a reminder,
b) the organiser fails to make due (advance) payments despite a reminder,
c) the organiser culpably violates statutory provisions that are of direct or indirect importance for the implementation of this contract, or has violated morality.
d) if insolvency proceedings have been applied for or opened against the assets of the organiser's company or against the assets of the organiser.

(3) Any notice of termination must be in writing in order to be effective.

§ 11 CONSEQUENCES OF EARLY TERMINATION

(1) If orders are terminated by the organizer without us being responsible for this, we are entitled to demand the agreed remuneration, whereby we offset what the organizer saves on expenses as a result of the cancellation of the contract, or we could have acquired or have acquired through other use of our labour. It is therefore presumed that we are entitled to at least the following lump sums on the part of the work not yet performed:
a) In the event of termination up to 4 weeks before the event, 50% on the part of the service not yet performed.
b) In the event of termination up to 14 days before the event, 75% on the part of the service not yet performed.
c) In the event of termination from 24 hours before the event, 95% on the part of the service not yet performed.

(2) Para. 1 shall not apply, however, if the organiser has been granted a right of termination free of charge by us in individual cases, and we receive the organiser's declaration on the exercise of this right of termination free of charge in due time.

(3) The organiser expressly reserves the right to prove to us that the expenses saved are significantly higher than the deductions taken into account above, or that the services have been used in another way. In the event of such proof, the organiser is only obliged to pay the correspondingly lower amount.

(4) If we prove that the costs attributable to the part not provided, which have already been provided on the basis of and with regard to the event, are higher than the costs referred to in para. 1 are lower than the credited savings, we are entitled to demand the actual costs incurred.

§ 12 RIGHT TO DESIGNATE A REFERENCE

We are entitled to use the organizer as a reference for our performance, stating his company logo/name, company address, logo and web address, and to reproduce and disseminate any reviews of this event. The granting of rights and consent refers in terms of content to any commercial and non-commercial, editorial and non-editorial, digitised, electronic and printed use, in particular the reproduction, distribution, exhibition, making available to the public, communication to the public, broadcasting, demonstration and advertising, both online (e.g. website) and in print products, which is unlimited in terms of space, content and time. This also applies to use in social media presences. For these purposes, we are also entitled to pass on the aforementioned data to third parties.

§ 13 DISPUTE RESOLUTION/INFORMATION ACCORDING TO ODR-REGULATION, § 36 VSBG

(for consumers only)
The European Commission is providing an online dispute resolution (ODR) platform, which is available at http://ec.europa.eu/consumers/odr/. This online dispute resolution (ODR) option is intended to offer a simple, efficient, fast and cost-effective out-of-court solution for disputes (ODR procedure). The organiser can find the details in the above link. We are neither willing nor obliged to participate in the dispute settlement process.

§ 14 APPLICABLE LAW AND PLACE OF JURISDICTION

(1) Unless otherwise agreed individually, the law of the Federal Republic of Germany shall apply to these terms and conditions and the entire legal relationship between us and the organiser, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Unless otherwise agreed, the law of the Federal Republic of Germany shall apply to consumers insofar as no mandatory consumer protection regulations which take precedence arise from the law of the consumer's home country. If foreign law must be applied in individual cases, these General Terms and Conditions must be interpreted in such a way that the economic purpose pursued thereby is preserved to the greatest extent possible.

(2) If the organiser is a merchant, a legal entity under public law or a special fund under public law or if he has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all possible disputes arising from the business relationship shall be our place of business.

(3) The jurisdiction rules of the preceding para. 3 and 4 also apply, for the sake of clarity, to such matters between us and the organiser that may lead to non-contractual claims within the meaning of Regulation (EC) No. 864/2007. Mandatory legal provisions on exclusive jurisdictions shall remain unaffected by this provision.