Terms and Conditions Roman Horschig

April 8th, 2020

I. Scope

The following terms and conditions are based on all bookings made by Roman Horschig, Karwendelstraße 30, 81369 Munich. With the assignment, these terms and conditions are deemed to have been accepted by the customer. Roman Horschig does not recognize any conflicting or deviating conditions.

II. Subject matter and services

1. The subject of the contract is the booking of Roman Horschig as commentator/moderator/stadium speaker for an event.

2. Achievements as a commentator:

Roman Horschig sees his main task as professionally accompanying events as a commentator. This includes professional preparation and entertaining live commentary on site.

3. Achievements as a moderator:

Roman Horschig sees his main task as making events entertaining and smooth. This includes professional preparation, as well as live moderation on site. Further service details are coordinated in the respective offer.

4. Achievements as stadium spokesman:

Roman Horschig sees his main task as accompanying events professionally and guaranteeing a smooth process. This includes all announcements during your event. This includes professional preparation, as well as live moderation on site. Further service details are coordinated in the respective offer. This also applies to bookings as ring speakers or hall speakers.

5. Services as spokesperson:

In addition, Roman Horschig can be booked for recordings as a speaker, especially highlight music or news contributions in sport.

6. When requesting a booking, the customer is required to include the purpose and content of the event, the type of moderation, the language,the venue and the rehearsal/performance time, etc. binding.

7. My offers are designed, prepared and implemented specifically for your organization. Written offers shall remain valid for one month from the date of the Constitution unless otherwise agreed.

III. Conclusion of the contract

1. Contracts between the customer and Roman Horschig come with the acceptance of the offer or with the order of the customer on the basis of an offer previously submitted by Roman Horschig, in the absence of such an offer by the confirmation of the date. Confirmation can be received in writing, by fax or digitally by e-mail or text message.

2. The contract is fixed in a booking confirmation in text form, usually in the same way as the acceptance of the offer was received by Roman Horschig.

 3. For an effective conclusion of the contract, the agreement on the essential contractual components (all contracting parties, place of appearance, appearance time, fee – cf. II 2.) Sufficient. Details of the execution of the contract as well as the specification of individual ancillary performance obligations, unless they have already been stipulated in the GTC, are specified in the booking confirmation.

IV. Performance obligations Roman Horschig

1. Roman Horschig will prepare in time and sufficiently. In a briefing/script from the customer side, he will prepare specifically according to these specifications.

2. The client can at any time express wishes and ideas about the text design/content, which, as long as these are ethically and legally flawless, are gladly taken over by Roman Horschig and incorporated into his work.

3. Roman Horschig is free to perform his performance and is not subject to any instructions from the customer. Content things, no-gos and special wishes of the customer are discussed in advance. The style of Roman Horschig is known to the customer, material provided by him.

 4. Roman Horschig is not liable for the achievement of the goal pursued by the customer with the event, in particular no positive mood result is due to the target audience.

V. Performance obligations Customer

1. The customer must prepare and carry out the event technically and organisationally in such a way as to ensure a flawless process. Details will be set out in the booking confirmation.

2. The customer has to take out sufficient liability insurance for the event.

3. The customer is responsible for obtaining all official or private approvals required for the execution of the event and shall bear their costs.

VI. Exclusivity/prohibition of retransmission

1.The customer is not entitled to transfer the rights transferred to the customer to third parties and/or to allow third parties to exercise these rights.

VII. Promotion of the event

1.Any announcement of the event, which is to be made with the name and/or illustration of Roman Horschig, requires the prior consent of him. There is no claim to this.  For this purpose, Roman Horschig is to mention the scope, medium, distribution and period of application.

VIII. Organisation/Accommodation

1. The hotel booking is made by the customer. The customer will announce the hotel address in good time. 

2. The travel booking is made by Roman Horschig in coordination with the customer.

IX. Fee

1. In principle, daily rates are agreed as a fee. The fee is exclusive of the statutory value added tax. It is possible to agree on a fee/travel fee. This will be recorded in the booking confirmation.

2. For rehearsal days, the preparation of an event by a personal briefing as well as the preparation of the moderation guide, a fee of 60% of the daily fee is agreed. This also applies to missions that significantly exceed 8 hours.

3. For travel days to remote venues (journey and return to/from the presenter’s residence over 800 km) and abroad, an additional 50% of the daily allowance is agreed as an absence fee.

 4. In the event that the customer cancels an event or cancels the contract, he pays the moderator a default fee, limited to the amount of the agreed fee. 

The amount of the default fee is as follows:

• 80% of the fee from booking confirmation up to four weeks before the start of the event;

• four to two weeks before the start of the event, 90% of the fee;

• two weeks before the start of the event and during the course of the engagement 100% of the fee.

Further claims of the moderator, in particular claims for damages, remain unaffected by this.

X. Travel expenses/expenses

1. The travel expenses for the transfer to the event, the rehearsal and the personal briefing as well as the expenses are borne by the customer. Details of the quality requirements for the travel equipment and accommodation will be specified in the booking confirmation. In case of doubt, the rates and requirements recommended by the Munich Chamber of Commerce apply.

XI. Invoicing and maturity

1. Invoices must be invoiced immediately upon receipt and at the latest within 14 days.  Invoicing is usually on the first of the next month. 

XII. Liability and damages

1. Roman Horschig is only liable for damages that he or his vicarious agents cause intentionally or through gross negligence. This excludes damages resulting from the breach of a contractual obligation which is essential for the achievement of the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, body or health, for which the moderator is also liable in the event of slight negligence.

2. Claims of the customer resulting from a breach of duty by Roman Horschig shall become statute-barred one year after the statutory commencement of the limitation period. Excluded from this are claims for damages based on an intentional or grossly negligent breach of duty by Roman Horschig and claims for damages for injury to life, body or health, even if they are based on a slightly negligent breach of duty by Roman Horschig; the statutory limitation periods apply to these claims for damages.

XIII. Exclusion of the obligation to perform

1. In the event of significant disturbances or significant deviations from the scheduled course of the event, which Roman Horschig is not responsible for, he will be relieved of his obligation to perform. 

2. A deviation of the customer from the aforementioned purpose of the event (frame, occasion) exempts Roman Horschig from his obligation to perform. This is especially true for political or religious events. 

3. If Roman Horschig is prevented from performing his service in good time / at all for reasons of force majeure (in particular strike, lockout, natural disaster, war / terror), he is relieved of his obligation to perform.

4. In these cases, the customer’s obligation to pay is governed by Section 326 of the German Civil Code (BGB). The settlement for the default fee in section XI. 5. these General Terms and Conditions applies accordingly to the assessment of the remuneration amount. Claims for damages by Roman Horschig remain unaffected by this.

XIV. Sickness clause

In the event of illness, Roman Horschig will inform the customer of this immediately and, upon request, will immediately prove the impairment by means of a medical certificate. In this case, Roman Horschig is entitled to terminate the contract. He shall endeavour to find a comparable replacement on the same terms. The necessary travel costs are borne by the customer, Roman Horschig may pay higher expenses. There are no further claims of the customer. Any fee payments already made as an advance will be refunded immediately in the event that a replacement commitment does not materialise. A pro rata fee is paid on services already provided.

XV. Final provisions

1. The customer can only offset against claims of Roman Horschig with recognized, undisputed or legally established claims.

2. The legal relations of the contracting parties are subject to German law, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. 

3. The place of performance and place of jurisdiction is, to the extent permitted, Munich.

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