Please read the following Terms of Business carefully. They are the basis for all transactions with us, the xnet kommunikation ag agency, subsequently referred to as xnet. These Terms of Business become part of any contract concluded with xnet, acting as agent for hotels or other operators.
1. Our business as Event Marketing agency
xnet is an Event Marketing & Communication Agency providing planning, creation, conception, implementation and coordination for meetings, incentives, conventions and events, subsequently referred to as event. xnet does not operate services on its own, offering them solely as agents acting in the name and for the account of third parties, subsequently referred to as operators. All contracts are thus concluded between operators and clients. xnet and clients are bound solely by an agency contract. The extent of the services contracted is detailed in the final quote, showing the percentage (usually 10%) of the agency fee*, calculated on the budget xnet signed responsible for. Additional agreements are only valid following written confirmation. For research and services which are not covered by the agency fee, a service charge per hour will be charged. For the implementation of the project we charge a fee per person.
Expenses like freight charges, postal charges, travelling costs, etc. will be charged according to bills and receipts.
*More information about the agency fee, concept fees, hourly rates and expenses you fill find in our agency fee conditions (on request).
2. Conclusion of contract
2.1. The written submission of your booking to xnet constitutes your offer to conclude a binding contract with a service operator, e.g. a hotel company, plus an agency contract with xnet including recognition of theses business terms.
2.2. Bookings can be made personally, by letter, by telephone or means of electronic communication, e.g. fax, internet or e-mail. The person making a booking is also responsible for the obligations of all other participants listed in the booking, provided he has signed a specific and separate declaration to this effect.
2.3. The contracts mentioned in 2.1. become effective upon acceptance by xnet. We will inform you of the acceptance immediately upon conclusion of a contract by sending you a confirmation of your reservation and/or an invoice for a first down payment within 14 days.
2.4. The data you supply to xnet will be safeguarded according to Liechtenstein Data Protection Act (Datenschutzgesetz).
2.5. If you are not in possession of these Terms of business when making your reservation, we will send them to you along with our confirmation and/or invoice. If you do not object to them within ten days after receipt – in the case of short-term reservations, i.e. those made less than ten days before the beginning of your journey immediately, the agency contract becomes valid according to these terms.
3. Payment and settlement of operator services
3.1. Your booking may stipulate down payments for accommodation or other services of your event. Therefore the following terms of deposits are agreed upon and have to be effected and credited to an account to be named from xnet as follows, to guarantee availability of all booked services:
10 % upon booking
40 % 2 month prior to start of event
40 % 2 weeks prior to start of event
Should the deposit requirements of a hotel or an operator exceed the ones mentioned above, this will be mentioned in our confirmation along with the date your payment is due. In this case you will receive your hotel voucher as soon as xnet has received your payment.
3.2. All invoices of operators will be issued on the name of the client, so tax reduction or refund could be asked through the client after the event.
3.3. xnet charges an agency fee, calculated on 15 % of the budget sum xnet signs responsible for.
3.4. xnet gathers and controls all invoices of operators involved in the event for the client, and carries out rest payments in the name of the client, after the client has checked and agreed upon the payment.
3.5. The final invoice has to be paid 2 weeks after the event. Payments after this date stipulate interests of 10.5 % p.a.
4.1. Cancellation of an event can only be made in writing. Any operator’s cancellations fees will be charged according to this terms of business. The operator is entitled to settles his claims from the client’s event deposit account and to charge claims which are not covered by the client’s event deposit account directly to the client.
4.2. In case of cancellation xnet will charge a service fee for the agency time and people involved in planning the client’s event and all other related expenses such as cash disbursements as follows:
10 % of agency fee after booking
40 % of agency fee until 2 month prior to the event
90 % of agency fee until 3 weeks prior to the event
100 % after 3 weeks prior to the event.
Expenses will be charged according to bills and receipts.
4.3. Entertainment tickets will not be refunded. The cancel fee thus is 100 percent of the ticket price plus the agency commission.
5. Guarantee and liability
5.1. xnet acts solely as an agent for services provided by others and cannot guarantee the proper providing of those services by the contract parties, but only for our arranging for such services as agents. Xnet is not liable for an operator’s failure to fulfil a contract in whole or in part.
5.2. Xnet’s liability is restricted to cases of intent and gross negligence. Liability due to simple negligence is excluded.
5.3. Demands for compensation for any failure in providing services according to a contract must be made directly to the hotel or operator. Demands based on contracts fall under the statute of limitation after six months.
6. Salvatory clause
Should any condition of these Terms of Business be or become void, this does not affect the validity of the other provisions. In such a case the invalid provision is to be replaced by a valid one that produces the same commercial effect as the invalid one as best as possible.
7. Place of jurisdiction
These terms of business shall be governed by and construed and have effect in accordance with the laws of Liechtenstein. Legal actions against xnet must be filed in Vaduz, Principality of Liechtenstein. Xnet is entitled to file actions against the client at the place of residence, provided the action is not directed against fully qualified merchants or persons who have moved their place of residence or usual sojourn to a foreign country after conclusion of the contract or those whose place of residence or usual sojourn is unknown at the time of the filing of the action.
xnet kommunikation ag
Im Malarsch 57