§0. general terms and conditions
1st contracting party
The following general terms and conditions apply to contractual relationships
between Walter Weilmünster (hereinafter referred to as DJ-Walli) and his contractual partners (customers).
Contracts between DJ-Walli and the customer arise through
Verbal agreements must be recorded in writing and must be brought to the attention of the contractual partner. Verbal agreements are only valid if they do not cause additional costs for either party.
3. withdrawal from the contract / booking
Cancellation on the part of the customer is possible, but the cancellation costs will be calculated as follows:
If a party is not allowed to take place because of Corona, due to the new Corona Protection Ordinance of the State of North Rhine-Westphalia.
No cancellation costs will be incurred. Only processing costs (final compensation of approx. 10-15% of the order value).
If the customer withdraws from the contract but agrees on a new date, the cancellation costs will be waived.
A resignation of DJ-Walli is possible:
Should DJ Walli suddenly fall ill due to a corona infection and drop out,
then there is no entitlement to replacement.
DJ Walli will, however, try to find a replacement DJ.
In the aforementioned cases (except in case of death) DJ-Walli will try to arrange for an appropriate replacement DJ at the agreed conditions.
However, there is no legal entitlement.
A withdrawal from the contract / booking is as soon as possible in writing or by telephone to the DJ Walli to the knowledge.
The organizer is exclusively liable for personal and/or material damages during an event. If the damage was caused by gross negligence or intentional behaviour of DJ Walli, the organizer is exempt from liability.
For damages to equipment and music data carriers of DJ Walli, which are caused during the event by guests / audience negligently, grossly negligently or intentionally, the organizer is liable. If DJ Walli cannot provide the agreed services due to circumstances for which he is not responsible (force majeure, natural disasters, official orders, operational disruptions at the organizer, power failure and / or power fluctuations), the customer has no right to withdraw from the contract, no claim for damages, no right to withhold payment. If there are disputes between guests / audience in the event room, DJ Walli is entitled to interrupt the program, if necessary to cancel it completely - without deduction of services.
Payments must always be made in cash on site before / during or after the event. The organizer has to provide for the corresponding cash. Should this not be the case, the disc jockey is entitled to stop the program immediately if he finds out that the organizer / client is unable to pay. Likewise, a fee of 15.-€ will be charged for incomplete and late payment. Payment by bank transfer to the account of DJ Walli is only possible with a written agreement. The account details will be given to the organizer separately in the contract.
7. GEMA fees
All fees for GEMA are borne by the organizer and paid directly to GEMA. The organizer has to inform himself about the amount of the fee at the GEMA. The GEMA fee does not apply to purely private events.
DJ Walli is free in the design of the program. He is not subject to any instructions from the organizer or a third party. However, DJ Walli will endeavour to fulfil music requests. A claim on fulfilment of every music wish does not exist, however. The minimum performance duration is at least 4 hours. The duration of the performance does not include the set-up and dismantling of the equipment. The start of the performance also includes the background music (e.g. when going to the buffet).
At the request of the organizer, an extension of the engagement is still possible during the event. Each additional 1/2 hour or part thereof will be charged with 35.- €. In the case of all-inclusive arrangements (open end), the end of the music provision is to be agreed by mutual consent. A claim for continuation of the program does not exist even if only very few guests use the program for background music. DJ-Walli is then entitled to end the program. The organizer provides a suitable power connection in the immediate vicinity of the stage. The stage must be stable and dry. The dance floor has to be set up in front of the stage. For the party team (possibly 2 persons) food and drinks are to be provided by the organizer free of charge.
9. other provisions
DJ Walli transfers to the organizer the right to publish the artist name 'DJ Walli - Wallis - mobile - disco' on event announcements by means of posters, flyers, etc.. A poster or flyer, etc. is to be handed over to DJ Walli for inspection before publication. DJ Walli is entitled to advertise before / during / or after an event in a form of his choice, e.g. handing out business cards to attract new customers. Under certain circumstances photos of the respective events will be published on the website of DJ Walli. Pictures which should not be published, can be removed with a message to DJ Walli again from the web page. There is also no claim for inclusion in the reference list on the website of DJ Walli. DJ Walli reserves the right to make his own selection.
10. severability clause
Should one or more provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced retroactively by a legal provision with the same content as far as possible, which comes closest to the purpose of the intended provision.
11 Fulfilment and place of jurisdiction
The law of the Federal Republic of Germany shall apply to all legal relationships between DJ Walli and the customer. Duisburg is agreed as the place of performance and place of jurisdiction, insofar as legally permissible.
I use the service https://app.hochzeit.management to provide my services to my customers. This offers me in particular the possibility to create master data of the customers/bridal couples I look after, a calendar management, a task/to-do list, a mailbox for communication between me and my customers as well as the possibility to create offers and invoices for the services of the user directly via the service. This service is offered by Hochzeit.Management GmbH, with whom I have a user contract as well as a - data protection necessary - order processing contract.