Barrierefreiheits-Werkzeuge öffnen Barrierefreiheits-Werkzeuge Button
PACe Berlin logo in white lettering

terms and conditions

GENERAL TERMS AND CONDITIONS PACE Paparazzi Catering & Event GmbH

The following General Terms and Conditions (GTC) are the basis of the contractual agreement on the organization of an event between PACE Paparazzi Catering & Event GmbH (PACE) and another company (CLIENT). This CLIENT is considered the organizer, unless another written agreement has been made between PACE and the CLIENT.

§ 1 Conclusion of contract

  1. Contracts between PACE and the CLIENT only come into effect when the CLIENT accepts the offer submitted by PACE in writing. All offers from PACE are non-binding.
  2. The scope of the contractual performance obligation results exclusively from the service description of PACE and / or the information in the contract confirmation. Additional agreements that change the scope of the contractual services require express written confirmation. Permits and licenses must be provided by the CLIENT, unless otherwise specified.

§ 2 Execution of the order

  1. The CLIENT will provide the necessary cooperation for the agreed, orderly and timely execution of the event and name a contact person authorized to make decisions to PACE. PACE has no obligation to perform if the CLIENT’s obligations to cooperate or due services have not been provided. As the organizer, the CLIENT is responsible for maintaining peace and order during the agreed period of use. He shall arrange for the necessary measures to be taken at his own expense.
  2. PACE may, in the interest of the CLIENT and within the budget agreed between the contracting parties, engage third parties to fulfill the contractual performance obligation. Third parties are commissioned in the name and for the account of PACE. With the exception of a premature withdrawal according to § 9, PACE is not obligated in this case to invoice the services provided by third parties on its behalf or to submit invoices from the persons it has commissioned.


  3. On behalf of the CLIENT, PACE shall provide proof of fire police approval for the event in the planned form (planned seating, keeping escape routes clear, etc.).
  4. In addition, PACE will obtain any necessary permits and approvals from regulatory authorities and road traffic authorities on behalf of the CLIENT and inform the CLIENT of the conditions to be met.
  5. If necessary for the realization of the event, PACE is entitled to conclude contracts with GEMA and other collecting societies on behalf of the CLIENT.
  6. It is the responsibility of the CLIENT to take out event liability insurance for the organization of the event.
  7. The items brought in by the CLIENT or its suppliers must be collected immediately after the end of the event. If the items are not collected on time, PACE is entitled to store them with a third party at the CLIENT’s expense. PACE will inform the CLIENT of the exact time frame in advance.
  8. If PACE’s services are of a type that require acceptance (for example, printing and advertising materials and all other materials that are produced in the CLIENT’s corporate design) or if acceptance has been agreed, PACE will notify the customer of the completion of the service and agree on an immediate date for acceptance with the customer. Acceptance may not be unreasonably withheld.

§ 3 Prices

  1. Unless otherwise stated, all prices are subject to VAT at the applicable rate.
  2. The prices used by PACE include only the contractually agreed services. Ancillary costs, in particular the expenses necessary for the fulfillment of the contract by PACE, such as rent, travel expenses, fees (e.g. GEMA), taxes, costs for permits and official requirements, costs for security measures, fees for copyrights and ancillary copyrights, payments to the artists’ social security fund, etc. are to be borne by the CLIENT, unless otherwise agreed in writing.


  3. Services not estimated in the offer that are carried out at the CLIENT’s request or additional expenses caused by incorrect information from the CLIENT, by transport delays through no fault of the CLIENT, or by advance services of third parties that are not on schedule or professional, unless they are vicarious agents of PACE, will be additionally invoiced to the CLIENT according to PACE’s current remuneration rates.


  4. Such services, the provision of which are not the subject of PACE’s confirmation, but which are provided in the context of the execution of the event at the short-term – also verbal – customer request, or such services which are indispensable with regard to the execution of the event, will also be invoiced to the CLIENT according to the agreed remuneration rates of PACE Paparazzi.

§ 4 Payment

  1. PACE is entitled to invoice each individual service immediately after it has been provided.
  2. Deductions of any kind are excluded. Advance payments do not bear interest.
  3. In the event of a delay in payment, PACE has an extraordinary right of termination after a reasonable grace period has expired. PACE is entitled to invoice the resulting damage in accordance with § 9.
  4. The CLIENT can only offset claims from PACE with an undisputed or legally established claim. If the CLIENT is an entrepreneur within the meaning of § 14 BGB, he is only authorized to exercise a right of retention if the counterclaim is undisputed or legally established and is based on the same contractual relationship.

§ 5 Copyrights, rights of use and ancillary copyrights

  1. If the CLIENT provides PACE with trademarks or works for the purpose of fulfilling the contract, the CLIENT assures that he is authorized to transfer the necessary usage and processing rights to PACE. The CLIENT also assures that PACE will not violate the property rights of third parties through its necessary cooperation to fulfill the contractual services. The CLIENT transfers the necessary rights of use to PACE for the purpose of fulfilling the contract. The CLIENT indemnifies PACE from all costs and damages that PACE incurs due to a violation of the three aforementioned sentences.
  2. These ideas and designs are the property of PACE. They are protected by copyright and must be treated confidentially by the CLIENT. In particular, the ideas may not be passed on to third parties in this form or in a modified form and may not be used by the CLIENT for their own purposes outside of a cooperation between PACE and the CLIENT.
  3. Upon full payment of the agreed remuneration, PACE grants the CLIENT the right to use the materials it has designed for the CLIENT (for example, print and advertising materials and all other materials produced in the CLIENT’s corporate design) for the purpose underlying the contract for the duration of the contractual relationship.

§ 6 Rent

If PACE rents or lends items of any kind, the CLIENT is liable for loss, damage, or other impairment of the substance and intended use of the rented or lent items. PACE’s claims for compensation are based on the replacement value. PACE may require the CLIENT to take out insurance for the aforementioned risks.

§ 7 Intermediary services

  1. If PACE acts as a broker and agency for services, artistic performances, etc., the respective CLIENT undertakes not to use the contacts established by PACE to conclude “direct business” by circumventing PACE’s brokerage services.
  2. If PACE acts as an agent in the name and on behalf of the CLIENT, the CLIENT must directly bear any costs incurred in connection with the realization of the event, such as GEMA, local taxes or similar.
  3. In the event of a violation of the obligation under Section 7 (1), PACE shall be placed in the same position as if the unauthorized “direct transaction” had been brokered by PACE. In this case, PACE is entitled to payment of a commission for each violation by the client in the amount that the CLIENT would have been obligated to pay to PACE for the specific brokerage transaction.

§ 8 Prevention of performance

If the service cannot be performed by PACE for reasons for which the CLIENT is responsible, PACE must notify the CLIENT. The risk of performance is transferred to the CLIENT upon receipt of the notification; the service is then considered fulfilled. From this point on, the CLIENT is liable according to the principles of §§ 293, 300 BGB.

§ 9 Cancellations/cancellation costs

  1. The CLIENT shall be entitled to withdraw from the contract no later than 14 days before the agreed start of the service. The first day of the event shall be deemed to be the start of the service.
  2. If the CLIENT withdraws from the contract, he must reimburse the direct costs incurred up to the time of withdrawal, unless otherwise agreed, as well as the own services provided by PACE up to the time of termination. The direct costs consist of the costs for planning and organization, site and location rental and the implementation costs (personnel, catering, etc.) as well as all other third-party costs actually incurred by PACE, and are to be reimbursed to the extent that they cannot be canceled by PACE.
  3. The withdrawal costs do not apply to services provided by PACE as part of the rental of objects. For such contracts, the CLIENT shall pay a lump sum of 30% of the agreed price in the event of withdrawal.
  4. The withdrawal costs shall be calculated taking into account the expenses saved. The CLIENT reserves the right to provide evidence of higher damages, whereby the CLIENT’s liability shall be limited to the amount of the agreed price.
  5. The CLIENT is at liberty to provide proof of lower costs and expenses, lower profits and/or higher actual savings to PACE. The CLIENT bears the burden of proof for this.
  6. PACE has the right to withdraw from events for which the CLIENT’s participation requires special physical or other aptitudes, even during the duration of the event, if it is impossible for PACE to fulfill the contract for these reasons and the withdrawal is also in the well-understood interest of the CLIENT or the participating third parties. PACE is also entitled to exclude individual participants from the event if this appears necessary for reasons that lie in the person of the CLIENT.

§ 10 Warranty

  1. If a service is not provided by PACE or is not provided in accordance with the contract, the CUSTOMER, if he is an entrepreneur within the meaning of § 14 BGB, must immediately report the defect in performance within the meaning of § 377 HGB and demand rectification.
  2. PACE is entitled to rectify the defect twice; only after PACE has failed to rectify the defect twice is the CLIENT entitled to withdraw from the contract, claim damages instead of performance, or declare a reduction in price. The CLIENT can only refuse a rectification and replacement service from PACE if this is unreasonable for an important reason notified to PACE; in particular, if the booked event is significantly impaired by the acceptance of the replacement service. PACE is not obligated to make improvements as long as the CLIENT has not fulfilled its obligations from the contract and these GTC.
  3. In the event of any service disruptions, the CLIENT shall be obliged to cooperate within the framework of the statutory provisions and to avoid or minimize any damage that may arise. The CLIENT shall be obliged to do everything reasonable in the event of disruptions to performance in order to help remedy the disruption and minimize any damage that may arise.
  4. If the CLIENT requests a reduction of the contract price owed by him due to alleged poor performance of the contract by PACE, he is obliged to inform PACE of this immediately, stating the reasons. If the CLIENT is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), claims due to poor performance or non-performance by PACE cannot be asserted against PACE if the notification of poor performance or non-performance is not made immediately within the meaning of Section 377 of the German Commercial Code (HGB).


  5. Insignificant defects in the service shall not entitle the CLIENT to refuse acceptance, to reduce the price or to withhold payment.
  6. If the CLIENT provides premises and areas for the event, it shall be responsible for ensuring that the premises and areas provided are approved and suitable for the event to take place. The CLIENT shall then assume in particular the obligation to obtain any necessary permits, to secure routes and areas against hazards and to exclude sources of danger. The CLIENT assumes the duty of traffic safety for the premises and grounds provided by him. The CLIENT indemnifies PACE from any liability resulting from a breach of the duty to ensure public safety or from the nature or location of the premises and areas provided.


§ 11 Termination

  1. If the event is significantly impeded, endangered or impaired as a result of unforeseeable force majeure for which PACE is not responsible (e.g. material procurement difficulties, operational disruptions, strikes, lockouts, unforeseen official orders, etc.), both PACE and the CLIENT may terminate the contract. If the contract is terminated, PACE may demand reasonable compensation for the services already provided for both parties, but at least the amount according to § 9 para. 2.


  2. PACE reserves the right to terminate this contract for good cause. Such a reason exists in particular if
    1. force majeure or other circumstances for which PACE is not responsible make it impossible to fulfill the contract,
    2. events are booked under misleading or false statements of material facts, e.g. the organizer or purpose,
    3. a deposit due has not been paid on time,
    4. PACE has reasonable grounds to believe that the event could jeopardize the smooth operation, safety or reputation of
    5. PACE in public, without this being attributable to its sphere of control or organization,
      PACE becomes aware of circumstances that the CLIENT’s financial situation has deteriorated significantly after the contract was concluded, especially if the CLIENT does not settle PACE’s due claims or does not provide sufficient security and therefore PACE’s payment claims appear to be at risk.
      In these cases, the CLIENT has no claim for damages. The CLIENT must reimburse the costs incurred up to that point. PACE will immediately notify the CLIENT of the withdrawal from the contract.

The right to extraordinary termination for good cause remains unaffected.

§ 12 Liability/compensation

  1. PACE is responsible for the conscientious preparation of the service, the careful selection and monitoring of the service providers and the proper provision of the contractually agreed service within the scope of the duty of care of a prudent businessman.
  2. PACE’s liability to the CLIENT for damages is limited to the amount of PACE’s agreed remuneration, provided that in the case of injury to life, limb or health, damage was caused neither negligently nor intentionally, and in all other cases neither grossly negligently nor intentionally by PACE. This does not apply in the event of a breach of a primary performance obligation and in the case of obligations on which a party may rely to a particular extent.
  3. It is agreed between PACE and the CLIENT that the CLIENT uses PACE’s services at its own risk.
  4. If PACE offers services with increased risk, PACE may require the signing of a separate liability waiver. PACE undertakes to offer a higher liability sum at the request of the CLIENT by taking out or arranging an appropriate liability insurance, if these risks are insurable. In this case, the insurance premiums for the higher insurance will be reimbursed to PACE as expenses.
  5. For service disruptions in connection with services that PACE has merely arranged as third-party services (e.g. arranging tickets) or has arranged and which are expressly designated as third-party services, PACE is only liable for the proper selection and, if necessary, instruction of the mediated third party, even in the case of participation as a contact person at these events, unless this third party is to be qualified as a vicarious agent within the meaning of § 278 BGB. The CLIENT may assert the claims to which PACE is entitled against the third party in this context directly against the third party; PACE assigns all claims against these third parties to the CLIENT and undertakes to take all necessary actions in this regard.


  6. If PACE has to offer and provide its services to third parties (i.e. persons who are attributable to the CLIENT’s sphere of activity, such as vicarious agents of the CLIENT, guests of the CLIENT, etc.) on behalf of the CLIENT, the CLIENT shall indemnify PACE from all liability claims of third parties insofar as these exceed the liability limits specified in § 12 (2).
  7. PACE assumes no liability for materials, equipment and places provided by the CLIENT or third parties for the realization of events. In this respect, the CLIENT indemnifies PACE from any liability claims made by the CLIENT or participants against PACE.
  8. PACE is not liable if the operational personnel are subject to the instructions of the CLIENT during the event, insofar as the damage incurred is based on this obligation to follow instructions.
  9. PACE assumes no liability for traffic-related transfer delays, unless they were caused by gross negligence or willful misconduct on the part of PACE.

§ 13 Place of jurisdiction and place of performance

For all disputes arising from or in connection with PACE’s services, the place of jurisdiction for merchants, legal entities under public law or special funds under public law is the registered office of PACE. For non-merchants, the place of jurisdiction is determined by the statutory provisions. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.


§ 14 Final provision

  1. All personal data provided to PACE for processing the event is protected against misuse in accordance with the BDSG. The CLIENT declares his consent to the storage of the data required to process the order. The consent is valid for as long as the data storage is necessary for the processing of the contractual agreement or as long as there is a legal obligation to retain data.
  2. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the parties shall be deemed to have agreed a provision that comes closest to the economic purpose of the parties.
  3. Amendments and additions to a contract as well as deviations from these GTC must be made in writing. For amendments and additions to the contract, this also applies to the waiver of the written form clause.
  4. General terms and conditions of the CLIENT are hereby expressly excluded. This also applies if the CLIENT’s conditions have not been expressly objected to and/or PACE provides the services without objection.

Skip to content