AGB

General Terms and Conditions

Thank you for your interest in Tab Events GmbH 's proposals. The respective interests of the contract partners are protected by the General Terms and Conditions. Please read these through carefully before booking. For questions or clarifications please get in touch with us.

§ 1 - Area of Application

Tab Events GmbH's General Terms and Conditions apply to all Tab Events GmbH performances in accordance with the contract signed by the parties, especially for participation in all measures, (for example training) and functions (events, celebrations etc.).

The Tab Events GmbH's General Terms and Conditions apply both to consumers and to companies, unless a differentiation is made in the respective clause.

§ 2 - Contract Basics

With the registration, which can be performed verbally, in writing, by fax or e-mail, the customer offers to conclude a contract with Tab Events GmbH's on the on the basis of the appropriate events tender or offer received, and all supplemental information in the booking documents and these General Terms and Conditions. The contract comes into effect with the acceptance by Tab Events GmbH. The acceptance must be in written form. The customer receives a booking confirmation.

§ 3 - Performance Obligation

Tab Events GmbH's performance obligation derives exclusively from the content of the booking confirmation, in accordance with all the instructions and explanations contained therein. Prospectus statements have no contractually binding effect. Supplementary agreements with our employees, which alter or extend the scope of our contractual performances need our written confirmation to be effective.

§ 4 - Payment Method and Dates

1. Payment is effected by means of transfer to Tab Events GmbH account.

2. A down payment of 50 % of the contractually-agreed performance price is due after the contract signing/booking confirmation. Upon the booking confirmation the customer receives a down payment invoice.

3. The remaining amount of the agreed total costs must be settled fully by an agreed payment date after invoicing by Tab Events GmbH.

4. The customer will be in payment arrears if he does not pay within 30 days after maturity and receipt of an invoice or a corresponding payment itemization. Tab Events GmbH is entitled to assert an arrears claim of 8 percentage points above the basic interest rate against customers who are not consumers. Otherwise, an arrears interest rate of 5 percentage points above the basic interest rate applies. For each warning after entering into arrears Tab Events GmbH can claim CHF 20.00 reimbursement.

§ 5 - Price and Performance Changes

1. Changes and deviations from agreed contract content, which become necessary after conclusion of the contract and which are not caused by Tab Events GmbH in bad faith, are only authorized if the changes or deviations are insubstantial, do not lead to a major change in the contract, and do not impair the overall character of the booking.

2. Possible guarantee claims remain unaffected if the altered performances exhibit defects.

3. In the event of an increase in transportation costs and charges for certain performances, Tab Events GmbH reserves the right to alter the advertised price confirmed with the booking to the extent that the increase per person affects the price, provided that a period of more than 3 months exists between the customer's receipt of the booking confirmation and the agreed performance date.

4. In the event of a retrospective price increase, Tab Events GmbH must advise customers immediately, no later than 21 days before the performance date. Price rises after these dates are not permitted.

§ 6 - Changes in Attendance

1. Tab Events GmbH must be advised at least 14 days before the start of an event if there is a reduction or increase in the attendance figure by 10 or more percent of the registered total, and must approve it. In the event of an increase in the attendance figure, the actual number of participants will be estimated (in other words, the agreed price per participant). In the case of a reduction of the attendance figure, Tab Events GmbH is entitled to adjust the agreed price and make programme changes.

2. A change in attendance numbers below 10 % of the registered total attendance is possible up to 7 days before the commencement of events. The agreed price per actual participant will in principle be calculated then. In the case of a later change of the attendance figures, if these are reduced, the full, contractually agreed price must be paid for the originally announced and confirmed attendance figures.

§ 7 - Withdrawal from the Contract

The customer may withdraw from the contract at any time. Customers are recommended to declare their withdrawal in writing. It is expressly pointed out that not claiming the performance without an express withdrawal declaration is not regarded as withdrawal from the contract, unless, in this case, the customer remains committed to full payment of the attendance price. The contract may still be cancelled free of charge up to 3 months (4 months for contracts with more than 100 participants) before the start of the event/performance.

In the following cases of customer withdrawals, taking into account ordinally saved expenses, Tab Events GmbH is entitled to the following inclusive compensation:
-  up to 3 months prior to performance start: 20% of the agreed total price (only for events with more than 100 participants)
-  up to 2 months prior to performance start: 20% of the agreed total price
-  up to 1 month prior to performance start: 50% of the agreed total price
-  up to 4 days prior to performance start: 80% of the agreed total price.

In the case of a later withdrawal, the total event price shall be calculated. We ask customers to take note of the fact that Tab Events GmbH must partly take other companies' resources into account and is thereby dependent on their withdrawal conditions.

Tab Events GmbH reserves the right to calculate a higher compensation in individual cases, commensurate with accrued costs, which are to be concretely estimated and recorded vis-a-vis the customer.

The customer is free to verify that Tab Events GmbH incurred no or less damage. Up to the performance start, the customer can also request that a third party enter the rights and duties deriving from the contract instead him/her. Tab Events GmbH can oppose the third party's if said third party does not meet the special requirements of the event/function or when his/her participation conflicts with statutory regulations or magisterial orders. Should a third party enter into the contract, he/she and the previous customer are liable to Tab Events GmbH as co-debtors for the performance price and for the added costs caused by the entry of the third party.

§ 8 – Non-Utilized Performances

Should the customer not avail himself/herself of individual event performances as a consequence of premature return or other reasons attributable to him/her, Tab Events GmbH will go out of its way to obtain a refund of the saved expenses from the service providers. This obligation falls away if the performances are fully inconsequential, or if repayment runs counter to statutory or magisterial regulations. If no expenses are saved, the customer must pay the total performance price.

A cancellation by the customer on weather grounds is in principle not permitted, as long as secure execution of the event is guaranteed in Tab Events GmbH’s estimation.

§ 9 - Termination Without Notice by Tab Events GmbH

If a customer continuously disrupts the execution of a measure/event notwithstanding a warning by Tab Events GmbH, or if he/she behaves contrary to the contract to such an extent that immediate termination of the contract is justified, the customer himself/herself must pay any possible added costs for return transport. However, Tab Events GmbH must take into account the deduction of the value of saved expenses as well as any advantages it obtains from a different use of the non-utilized performance, including amounts refunded to it by service providers.

§ 10 - Termination on the Grounds of Exceptional Circumstances

If the event/measure is severely impeded, endangered or impaired due to circumstances unforeseeable at the time the contract was concluded, such as force majeure, then both the customer and Tab Events GmbH may cancel the contract. If the contract is terminated, Tab Events GmbH may request an appropriate expenditure compensation for performances already rendered.

§ 11 - Guarantee

If the performance is not contractually rendered as stipulated in the contract, the customer is obligated, initially under setting of a time limit, to demand compensation. Tab Events GmbH my refuse the compensation if it requires a disproportional expense. Tab Events GmbH may also resolve a conflict by rendering an alternative performance of equal value. For the duration of a non-contractually-rendered performance, the customer may request an appropriate price reduction price. The reduction request does not arise if the customer culpably fails to give notification of the defect.

§ 12 - Limitation of Liability

Tab Events GmbH’s liability for infringements of contractual obligations as well as in tort is limited to intent and gross negligence. This does not apply in the case of harm to the client's life, body and health, and claims due to the violation of cardinal obligations and compensation for damage caused by default. The aforementioned exclusion of liability applies similarly to slightly negligent violation of obligations of Tab Events GmbH employees.

Tab Events GmbH is not liable for performance disruptions connected to performances which, as services rendered by a third party, are only mediated, and which are expressly identified in the concrete performance description as third party performances. If statutory regulations apply to a performance to be rendered by a service provider, under which a claim for damages can only be asserted under certain preconditions or restrictions, or is completely excluded, Tab Events GmbH can invoke this vis-a-vis the customer.

Customers who carry personal objects on the premises of events, on boats or at stations, do so at their own risk. Tab Events GmbH assumes no liability in the event of loss or damage, except in the case of gross negligence or intent.

In the case of parking place use, Tab Events GmbH is not liable.

Tab Events GmbH’s liability for infringements of contractual obligations as well as in tort is limited to intent and gross negligence. This does not apply in the case of harm to the client's life, body and health, and claims due to the violation of cardinal obligations and compensation for damage caused by default. The aforementioned exclusion of liability applies similarly to slightly negligent violation of obligations of Tab Events GmbH employees.

Tab Events GmbH is not liable for performance disruptions connected to performances which, as services rendered by a third party, are only mediated, and which are expressly identified in the concrete performance description as third party performances. If statutory regulations apply to a performance to be rendered by a service provider, under which a claim for damages can only be asserted under certain preconditions or restrictions, or is completely excluded, Tab Events GmbH can invoke this vis-a-vis the customer.

Customers who carry personal objects on the premises of events, on boats or at stations, do so at their own risk. Tab Events GmbH assumes no liability in the event of loss or damage, except in the case of gross negligence or intent.

In the case of parking place use, Tab Events GmbH is not liable.

§ 13 – Bringing of Food and Drinks

The bringing of food and drinks is in principle not permitted.

§ 14 - Obligation to Cooperate

In the framework of statutory determinations, in the event of performance disruptions, the customer is obligated to cooperate in order to prevent or minimize possible damages. He/she is especially obligated to notify Tab Events GmbH immediately of any complaints.

§ 15 - Exclusion of Claims

Claims against Tab Events GmbH due to performance not meeting contractual standards must be asserted by a customer at least one month after the contractually-foreseen end of the performance. After the expiry of the period, the customer may only assert claims if, without being to blame, he was prevented from adhering to the deadline.

§ 16 - Copyright

Possible seminar documents and learning material are subject to copyright. Participants may only use them personally and for their respective professional activity. Duplication, editing, forwarding and distribution require Tab Events GmbH consent of. The same applies to seminar contents made accessible to participants by electronic means.

§ 17 - Conclusions

A customer can only file a lawsuit against Tab Events GmbH at its principal place of business. For actions by Tab Events GmbH against a customer, the place of residence of the customer is authoritative, unless the action is directed against general merchants, public or private law juridical persons or persons whose place of residence or usual dwelling place is unknown at the commencement of proceedings. In these instances, Tab Events GmbH’s principal place of business (venue: Basel) is authoritative.

The entire legal and contractual relationship between Tab Events GmbH and the customer is subject exclusively to Swiss law.

The ineffectiveness of individual provisions of the contract does not invalidate the entire contract. The contract parties will replace an ineffectual clause by another one that is agreeable to both sides.

Basel, February 2017