Terms and Conditions

of SoccerXP – Gesellschaft für Live-Kommunikation mbH

1. General Provisions

These “General Terms and Conditions” apply exclusively to all services (customer support, conception, organization, and planning of events, and the arrangement of third-party services) between the customer and SoccerXP – Gesellschaft für Live-Kommunikation mbH, represented by its sole authorized managing director Frank Thielen, Waldstrasse 14, 66128 Saarbrücken (hereinafter referred to as “soccerxp”).

Any conflicting terms and conditions of the customer are only valid if they are expressly acknowledged in writing by soccerxp. Any agreements deviating from or supplementing these “General Terms and Conditions” must be in writing.

Should individual provisions of these “General Terms and Conditions” be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.

The invalid provision shall be replaced by a valid provision that most closely approximates its meaning and purpose.

2. Conclusion of Contract

The basis of the business relationship is the respective event offer, which sets forth all agreed-upon services (complete scope of services) as well as remuneration. The agency’s offers are subject to change without notice.

3. Scope of Event Services

3.1. The scope of the contractual services is set forth in the written order confirmation. Any side agreements or amendments that alter the scope of the contractual services must be in writing.

3.2. soccerxp shall immediately notify the customer of any changes or deviations in individual services from the agreed-upon content of the contract that become necessary after the contract has been concluded.

To the extent that the agreed content of the contract is not affected or only insignificantly affected by the changes, the customer shall have no right of termination based on these deviations.

soccerxp is entitled, in consultation with the customer, to modify parts of the event schedule in deviation from the service description.

3.3. To the extent that soccerxp enters into contracts with third parties for the execution of an event, such contracts shall be concluded in the name of and with the authority of the client. This applies in particular to the rental of venues, the conclusion of contracts in the catering sector, and the conclusion of contracts with artists and others.

4. Event Services and Fees

4.1. Unless otherwise agreed, soccerxp’s claim for payment for each individual service arises as soon as the service has been rendered.

4.2. The agency is entitled to request advance payments in the agreed amount to cover its expenses.

4.3. The agency’s cost estimates are non-binding.

5. Presentation

If the agency does not receive a commission following participation in a presentation, all services provided by the agency, in particular their content, remain the property of the agency. The client is not entitled to continue using them in any form whatsoever.

6. Ownership Rights and Copyright Protection

6.1. All services provided by the Agency (e.g., ideas, concepts for events, etc.), including individual parts thereof, remain the property of the Agency. By paying the fee, the Client acquires only the right to use the services for the agreed-upon purpose. Unless otherwise agreed with the Agency, the Client may use the Agency’s services only for its own purposes and only for the duration of the contract.

6.2 Modifications to the Agency’s services by the Client are permitted only with the express consent of the Agency and—to the extent the services are protected by copyright—of the copyright holder.

6.3. The use of soccerxp’s services beyond the originally agreed-upon purpose and scope of use requires soccerxp’s consent, regardless of whether such service is protected by copyright. For this, soccerxp and the copyright holder are entitled to separate, reasonable compensation.

7. Termination

7.1. The client is entitled to terminate the contractual relationship with soccerxp at any time. However, early termination of the contractual relationship obligates the client to pay the agreed fees or any advance payments already made according to the following schedule:

up to 8 months before the event date

= 25% of the agreed fee

up to 5 months prior to the event date

= 50% of the agreed fee

4 months or less prior to the event date

= 100% of the agreed fee

7.2 The right of either party to terminate the contract for cause remains unaffected by this provision. The agency is particularly entitled to this right if the agreed fee is not paid by the client by the due date.

7.3 Furthermore, if budget-related payments under the contractual agreement are not made despite a request to do so.

8. Cancellation Policy (for consumers only)

8.1 Right of Cancellation

You may cancel your contract within two weeks without giving any reason by providing written notice (e.g., letter, fax, email) or—if the item has been delivered to you before the deadline expires—by returning the item. The period begins upon receipt of this notice in writing. To meet the withdrawal deadline, it is sufficient to send the notice of withdrawal or the item in a timely manner.

The notice of withdrawal must be sent to:

SoccerXP Gesellschaft für Live-Kommunikation mbH

Managing Director: Frank Thielen

66128 Saarbrücken, Waldstraße 14

8.2 Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both parties must be returned, and any benefits derived (e.g., interest) must be surrendered. If you are unable to return the service received in whole or in part, or only in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the transfer of goods if the deterioration of the goods is attributable exclusively to their inspection—as would have been possible for you in a retail store. You are not required to pay compensation for any deterioration resulting from the intended use of the goods.

Items that can be shipped by parcel post are to be returned at our risk. You must bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros, or if, in the case of a higher price of the item, you have not yet provided the consideration or made a contractually agreed partial payment at the time of the cancellation. Otherwise, the return shipment is free of charge for you. Items that cannot be shipped by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you upon sending your notice of withdrawal or the item, and for us upon receipt thereof.

9. Liability

9.1. soccerxp undertakes to conscientiously prepare and carefully select and monitor service providers in accordance with the duties of care expected of a prudent businessman.

9.2. soccerxp’s liability is governed exclusively by the written agreements between the parties. All claims not expressly granted herein—including claims for damages, regardless of the legal basis—are excluded, unless they are based on an intentional or grossly negligent breach of contract by the agency, a legal representative, or a vicarious agent. Excluded from this are damages resulting from injury to life, limb, or health in contracts with consumers.

9.3. Furthermore, the contracting parties agree that any claim for damages against soccerxp, regardless of the legal basis, shall be limited in amount to the agreed fee.

9.4. To the extent that soccerxp is entitled to claims for damages against third parties in connection with the performance of the contract, soccerxp shall also assign such claims for compensation to the customer, provided that the customer accepts the assignment of such future claims. In such a case, the customer shall have no further claims against soccerxp. The customer is entitled to enforce such claims at its own expense.

9.5. The customer (organizer) undertakes to take out organizer’s liability insurance for the event.

10. Payment

10.1. Invoices from soccerxp are due immediately upon receipt without deduction. In the event of late payment, default interest at a rate of 8 percentage points above the base rate shall be deemed agreed.

10.2. The customer may only set off undisputed or legally established claims or assert a right of retention.

11. Warranty and Damages

11.1. The customer must submit complaints in writing without delay [within three business days of soccerxp’s performance] and provide justification. In the event of justified and timely complaints, the customer is entitled to damages.

11.2. Claims for damages by the customer, in particular due to impossibility of performance, positive breach of contract, fault at the time of contract conclusion, defective or incomplete performance, or due to tortious acts, are excluded unless they are based on intent or gross negligence on the part of soccerxp. Excluded from this are damages resulting from injury to life, limb, or health in contracts with consumers.

12. Governing Law

German law shall apply exclusively to the legal relationships between the customer and soccerxp, to the question of whether a contract has been validly concluded, and to its pre- and post-contractual effects.

13. Jurisdiction

Saarbrücken is agreed as the place of jurisdiction for all disputes arising directly or indirectly between soccerxp and the customer, provided that