General Terms and Conditions (GTC)
Simon, Heyer, Gerdesmann – Berlin Event Passenger GbR
1. Scope of Application
1.1 These General Terms and Conditions apply to all services provided by Simon, Heyer, Gerdesmann – Berlin Event Passenger GbR (hereinafter "Berlin Event Passenger" or "Service Provider") to contractual partners (hereinafter "Partner" or "Organizer").
1.2 The services relate in particular to social media promotion via the Instagram account @BerlinEventPassenger, for example through posts, stories, or reels to promote events.
1.3 Deviating terms and conditions of the Partner only apply if Berlin Event Passenger expressly agrees to them in text form.
2. Conclusion of Contract
2.1 All offers from Berlin Event Passenger are subject to change and non-binding.
2.2 By placing an order, the Partner submits a binding offer to conclude a contract.
2.3 The contract is concluded when Berlin Event Passenger confirms the offer in text form (e.g., via email, messenger message, or comparable digital communication).
2.4 Changes, additions, or collateral agreements also require text form.
3. Scope of Services
3.1 Berlin Event Passenger provides services to the agreed extent for the promotion of events via the Instagram account @BerlinEventPassenger.
3.2 The type, scope, and timing of the services are determined within the framework of the respective cooperation or order confirmation.
3.3 Berlin Event Passenger provides the services to the best of its knowledge and belief. A guarantee for reach, number of participants, ticket sales, or economic success of an event is expressly not assumed.
3.4 Services are limited to the content and formats agreed upon in the order. Other social media channels or platforms are not part of the service unless expressly agreed upon.
3.5 A booked service is considered binding upon confirmation. In the event of a short-term cancellation by the Partner, there is no right to a refund.
4. Design, Corporate Identity, and Advertising Labeling
4.1 All content (posts, stories, reels, or comparable content) is generally created and published in the uniform style of Berlin Event Passenger to ensure a consistent appearance (Corporate Identity / Corporate Design) of the account.
4.2 Berlin Event Passenger reserves the right to editorially design, adapt, or shorten content if this is necessary to maintain quality, appearance, or platform guidelines.
4.3 Publications within the framework of cooperations are generally labeled as "Advertisement" or "Sponsored," provided this is legally required or sensible according to platform guidelines.
4.4 A deviating design or labeling can only take place in justified exceptional cases and requires the consent of Berlin Event Passenger.
5. Performance, Improvements, and Corrections
5.1 The Partner undertakes to provide Berlin Event Passenger with complete and correct information about the promoted event.
5.2 If published content is based on incorrect or incomplete information from the Partner, the Partner bears the responsibility for the resulting consequences and necessary corrections.
5.3 Berlin Event Passenger undertakes to correct its own errors in publications (e.g., wrong date, time, or location) immediately after becoming aware of them.
5.4 Corrections will take place within a reasonable period, usually within 24–48 hours for short-term events.
5.5 A claim for damages due to faulty publications only exists in the case of intentional or grossly negligent behavior.
6. Remuneration and Payment Terms
6.1 The agreed remuneration is derived from the respective order or order confirmation.
6.2 All prices are plus statutory value-added tax, if applicable.
6.3 Invoices are to be paid within 14 days of invoicing without deduction, unless otherwise agreed.
6.4 In the event of default in payment, Berlin Event Passenger is entitled to demand default interest in accordance with § 288 BGB.
7. Copyrights and Content
7.1 The Partner warrants that all provided content (e.g., images, videos, logos, texts) is free of third-party rights or that corresponding usage rights exist.
7.2 Berlin Event Passenger assumes no liability for copyright, trademark, or personal rights violations attributable to content provided by the Partner.
7.3 The Partner indemnifies Berlin Event Passenger from all third-party claims arising from the use of the provided content.
8. Availability and Changes
8.1 Berlin Event Passenger is entitled to adapt or postpone publications if this is necessary due to changes in the event, technical problems, or platform guidelines.
8.2 If an event is canceled, postponed, or changed in content, Berlin Event Passenger is not liable for any resulting economic disadvantages.
9. Liability
9.1 Berlin Event Passenger is only liable for damages based on intentional or grossly negligent behavior.
9.2 Liability for indirect damages, lost profits, or consequential economic damages is excluded to the extent permitted by law.
10. Data Protection
10.1 Berlin Event Passenger processes personal data of the Partner exclusively for the fulfillment of the contract as well as for the maintenance of the business relationship and possible future cooperations.
10.2 The data will be stored for the duration of the business relationship and up to 5 years after the last cooperation, unless statutory retention obligations prevent this.
10.3 The Partner can object to the further storage of their data or demand its deletion at any time, provided there are no statutory retention obligations.
11. Final Provisions
11.1 The place of performance and jurisdiction is Berlin, to the extent permitted by law.
11.2 The law of the Federal Republic of Germany applies.
11.3 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
GTC valid from 01.01.2026 | Version 1.3