Liability of zem. GmbH
Zem. GmbH is liable under statutory and contractual provisions for the proper provision of its own services as well as for the careful selection of arranging service providers.
Where permitted by law, zem. GmbH is liable for direct damages due to the non-performance or improper performance of its own services to a maximum of twice the price of its services. This liability limit does not apply for injuries or damaged caused wilfully or by gross negligence.
The Organiser is responsible for defective performance of the activity where it is at fault for a failure of agreed services or changes amounting to a substandard service.
The Organiser compensates for the failure of agreed services where it was not possible locally by offering a replacement service of an equivalent value.
In any event, liability remains limited to immediate losses.
No liability is accepted for programme changes due to rail and flight delays.
Subject to the rules for package tours, zem. GmbH cannot be held liable for contractual performance, accidents, delays, losses, or other irregularities due to acting as an intermediary.
Losses caused by force majeure, acts of war, strikes, epidemics, natural disasters and official orders are also excluded from liability.
Liability of the Service Provider
Where zem. GmbH justifiably assigns performance to a third party, zem. GmbH is not liable for the actions or omissions of the latter. The service provider arranged by zem. GmbH is liable for the proper performance of its services under statutory and contractual provisions. The general Terms and Conditions of the service provider arranged apply.
Liability of the Service Recipient
The Service Recipient is liable towards zem. GmbH or, as may apply, the service provider for all costs caused directly or indirectly by it, its employees, other assistants and event participants (for example unpaid participation fees, hotel accommodation etc.).
The Service Recipient is obliged to take out appropriate insurance in this respect. In particular, it undertakes to carefully handle items entrusted to it.
The Service Recipient itself is responsible for the loss of or damage to items brought along or sent out.
Any liability of the Organiser ceases to apply where the instructions of the Organiser or its assistants are not followed.