TERMS OF BUSINESS XNET KOMMUNIKATIONS AG

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 service providers.

  1. Our business as Event Marketing agency

xnet is an agengy that offers marketing & communication agency services such as consulting, creation, graphic design, exhibition stand construction, storytelling, planning, conception, implementation and coordination for meetings, incentives, conventions and events, subsequently referred to as event. Rent a village by xnet® and make!sense meetings by xnet® are brand names for specific event and conference formats offered and implemented by xnet.

xnet only partially performs its own services, and for the most part arranges services from third parties acting as agents in the name and for the account, subsequently referred to as service provider. All contracts for booked services are therefore concluded exclusively between the customer and the service provider. xnet and its clients are bound solely by an agency contract. Another contractual relationship does not exist unless otherwise agreed in writing. The extent of the services contracted is detailed in the final quote and schedule, listing all services. The agency fee is calculated as a percentage (usually 10% of all brokered services).

Subsidiary agreements that change the scope of the contracted services require a written confirmation. For research and services that are not explicitly included in the agency fee* or service overview, efforts will be charged according to our hourly rate. During events a flat rate fee for project implementation is charged for each employee.

Expenses by xnet such as freight costs, postage, travel expenses, etc. are invoiced to the customer based on receipts.

* You can find more information about our agency fees, concept fees, hourly rates and billable expenses in our current agency conditions (on request).

  1. Booking and conclusion of contract

2.1. With your written confirmation to xnet, you conclude an agency contract with xnet and a service contract (e.g. accommodation, technology, outdoor programs, etc.) with the involved and booked service providers, including recognition of theses business terms.

2.2. The booking can be made in writing, verbally by phone or electronically.

2.3. The contracts mentioned in paragraph 1 become effective upon acceptance by xnet in Schaan. We will inform you of the acceptance, for which no specific form is required, immediately after the conclusion of the contract by sending our confirmation of acceptance in form of a signed budget overview and a down payment invoice with the amount of 10% of the total order volume. This down payment invoice must be paid within 14 days to the event bank account to be named by xnet. 2.4. The client data made available to xnet are protected in accordance with the statutory provisions of the Liechtenstein Data Protection Act. 2.5. Our General Terms and Conditions will be sent to you together with the booking confirmation (also electronically). If you do no register any objections within 10 days of receipt, the agency contract will become valid in accordance with these terms and conditions. In case of short-term bookings less than 6 weeks prior to the start of the event, the agency contract comes into force immediately.

  1. Payment and settlement of third-party services

3.1. With the contract between you and xnet, it is agreed that down payments for accommodation or other services will be made to ensure reservations. The down payment tranches are handeled as follows:

10 %    upon booking
40 %    6 months prior to the start of the event
40 %    2 months prior to the start of the event 

Final payments are due after the event according to the budget invoice comparison. Any loss of discount due to the passage of time is at the expense of the customer. Should the deposit requirements of a hotel or other service operator exceed these guidelines, this will be mentioned in our confirmation along with the date your payment is due.

3.2. All commercial invoices are issued in the name of the customer, so that input tax deduction and tax reclaim can be made.

3.3. xnet charges a 10% agency fee on the services supervised and made responsible for. Furthermore, the current agency conditions apply for project management on an hourly basis (more information on request).

3.4. xnet gathers and controls all invoices of service provides involved in the event, and carries out payments on behalf of the customer, after the customer has checked and agreed upon the outstanding balance.

3.5. The final invoice according to the budget invoice comparison must be paid no later than 2 weeks after receipt of the invoice. Default interest of 5.5% will be charged for payments arriving later.

  1. Cancellations

4.1. Cancellation of an event can only be made in writing. Any service provider’s cancellation fees will be charged according to their terms of business (e.g. country-specific contractual conditions for accommodation providers) unless otherwise agreed on. Xnet reserves the right to settle these claims with payments made to the customer’s event bank account. The service provider is also entitled to adress his claims directly at the customer.

4.2. In case of cancellation xnet will charge a service fee for all expenses according to the current hourly rate and agency fee:

40 %    of the agency fee plus project hours at the time of cancellation after booking until 6 months prior to the start of the event
70 %    of the agency fee plus project hours at the time of cancellation from 6 months prior to the start of the event
90 %    of the agency fee plus project hours at the time of cancellation from 2 months prior to the start of the event
100 % of the agency fee plus project hours at the time of cancellation from 3 weeks prior to the start of the event

Other expenses will be charged according to bills and receipts at time of cancellation.

4.3. Changes in the number of participants (for catering, lift tickets or other services) can be taken into account up to 30 days before the start of the event.

4.4. Tickets cannot be refunded. The cancellation fee is therefore 100% of the ticket price plus agency commission.

  1. Guarantee and warrenty

5.1. xnet acts solely as an agent for services provided by others and cannot guarantee the proper implementation of those services by third parties. Xnet can only vouch for the proper booking and coordination of the aforementioned external services and is not liable for a service provider’s failure to fulfil a contract in whole or in part.

5.2. Demands for compensation for any failure in providing services according to a contract must be addressed immediately and exclusively to the respective accommodation or service provider.

  1. Severability clause

Should any condition of these Terms of Business be or become void, this does not affect the validity of the other provisions.

  1. Place of jurisdiction

These general terms and conditions are subject to Liechtenstein law. Legal actions against xnet must be filed in Vaduz, Principality of Liechtenstein. For legal actions brought against you by xnet your place of residence is decisive, provided the lawsuit is not directed against general merchants or persons who have moved their place of residence to a foreign country after conclusion of the contract or whose place of residence is unknown at the time of the filing legal actions. In these cases, the registered office of xnet is decisive.

xnet kommunikation ag
Im Malarsch 57
9494 Schaan
Liechtenstein