Section 1 - Transporting Musical Instruments
PREISSLER MUSIC transports third-party musical instruments and accessories (i.e. those which it does not own) in isolated individual cases, depending on agreement either as additional cargo or an exclusive individual transport consignment, or on orchestra tours. If a vehicle intended for the transport is not available after the order has been confirmed, PREISSLER MUSIC shall be entitled to use an equivalent replacement, or to engage a subcontractor to carry out the transport.
Section 2 - Order Placement
On acceptance or confirmation of a quotation offer for transport/stage service from PREISSLER MUSIC, a legally binding contract shall be established on the basis of these Terms and Conditions. The said acceptance or confirmation may be provided in writing by letter, fax or electronically. All quotations – regardless of whether issued by telephone, fax, internet, e-mail or in any other way – shall only become binding upon PREISSLER MUSIC when confirmed by PREISSLER MUSIC in writing by letter, by fax or electronically.
Section 3 - Cancellation
Where the client cancels an order, the following cancellation fees shall be charged: In the event of cancellation more than 72 hours prior to the start of the hire period, a cancellation fee of 40% of the order total (net) shall be payable; cancellation within 72 hours prior to the start of the usage period shall incur a cancellation fee of 70% of the order total (net); cancellation within 48 hours prior to the start of the usage period shall incur a cancellation fee of 80% of the order total (net); cancellation within 24 hours prior to the start of the usage period shall incur a cancellation fee of 90% of the order total (net). The same shall apply to cancellation of orders for setting up and taking down musical instruments and accessories only (stage service). The order cancellation fees shall apply regardless of the reason for cancelling, and of any attributable fault or culpability. They shall also apply to order cancellations in cases of force majeure, strikes in the transport sector, storm risk, potential risk of illness, war or terrorism. Cancellation fees are subject to sales tax (VAT), and are payable immediately.
Section 4 - Scheduling
Where PREISSLER MUSIC is contracted to transport third-party musical instruments or accessories, and/or to provide stage service in respect of said third-party musical instruments or accessories, the times stipulated by the client shall be deemed to be binding. Should the client or its contractual partners fail to comply with the agreed times, PREISSLER MUSIC shall be entitled to charge extra for waiting times of its personnel and vehicles. In the case of orchestra tours, the timing arrangements made in accordance with the quotation and order placed may apply at variance from the aforesaid.
Section 5 - Liability
PREISSLER MUSIC shall provide transport and stage service in respect of third-party musical instruments and accessories solely at the client's risk. The client shall pack all items appropriately for transportation. Where PREISSLER MUSIC is contracted to carry out the packing, the client shall provide appropriate packaging. PREISSLER MUSIC shall not be held liable for indirect damage (including consequential loss, such as loss of profit) or for delays in transport or performance of stage service through no fault of its own. PREISSLER MUSIC shall likewise not be held liable for loss of, or damage to, the items entrusted to it in transit, during loading, or in performance of stage service, unless intent or gross negligence on its part can be proven. Claims for damages against PREISSLER MUSIC shall be excluded.
Section 6 - Insurance
The client shall itself insure the instruments and accessories adequately and in full against all risks during transport, loading and performance of stage service. PREISSLER MUSIC does not provide insurance covering transport or stage service in respect of third-party musical instruments and accessories.
Section 7 - General
All rights of the contractor under this contract are non-transferable. Any amendments or additions to this agreement must be made in writing. This shall also apply to any waiver of the requirement of written form. If any of these provisions should prove legally ineffective, the effectiveness of the remaining provisions shall not thereby be affected. This shall also apply to any identified loopholes. Ineffective provisions shall be replaced by provisions that come as close as possible to the intended purpose. Sole jurisdiction in respect of all disputes arising from this contract lies with the courts of Berlin.
Section 8 - Alternative Dispute Resolution
PREISSLER MUSIC is neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.
Section 9 - EU Dispute Resolution
The EU Commission provides a platform for online out-of-court dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. PREISSLER MUSIC is neither willing nor obliged to participate in dispute resolution proceedings.
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