General Terms and Conditions (AGB)
§ 1 Basic provisions
1.1 The following terms and conditions apply to all contracts that you conclude with us as the provider Sabrina & Martin Lukas under the artist name Calathea Moments via the website www.calathea-moments.com or in writing. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
1.2 Individual agreements remain unaffected by the aforementioned provisions. Deviating agreements can only be made in writing.
1.3 A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
2.1 The subject of the contract is an event for which the artist is engaged for a fee.
2.2 The artist shall be paid according to the agreed hours or number of songs. A partial hour will be charged according to the duration of the overrun (quarter-hourly). The performance consists of several sets or songs. There are breaks of approx. 15 minutes between the sets.
2.3 The artist is free in the artistic design and performance of his programme. In principle, repertoire is played which is not GEMA-free. The payment of GEMA fees is required for the performance of titles by other artists. The client is solely responsible for the GEMA registration with a list of the titles played and the GEMA fee payment. (For private and/or closed events (e.g. weddings, birthday parties, company parties, etc.) GEMA is not applicable. You can find more information at: www.gema.de.
2.4 The artist undertakes to comply with all agreements made without restriction; this applies to the beginning and duration of the performance as well as to the entire performance and all musical performances by the artist. During his performance, the artist is not bound by artistic instructions or the instructions of third parties before and after the performance. Direction and organisation during the event is the responsibility of the artist. Reasonable breaks are included in the agreed performance time. Delays, waiting times and changes to the programme for which the artist is not responsible shall be borne by the client.
2.5 The client shall ensure that the space agreed for the artist's performance is available and that the artist, his band members, employees, representatives and vicarious agents have free access for unloading vehicles (including large vehicles with trailers) and unhindered access to the event rooms at the agreed time. Any access tickets, parking permits or admission tickets required shall be borne by the client and shall be sent to the artist in good time before the event. Should it not be possible for the band to start playing on time due to particularly difficult or delayed access to the event rooms, this shall be at the expense of the client.
2.6 Food and drinks within the normal framework are free for the artist, his band members, employees, representatives and vicarious agents. The client shall guarantee this by prior agreement, even in the case of any catering by third parties, and shall ensure the provision of supplies.
2.7 The client shall provide a weather-protected and heatable performance location of approx. 2x2m including a 220 volt power connection. The technology required for his performances will be set up by the artist for a fee (equipment flat rate), unless usable technology is provided.
2.8 The client shall ensure that there is no acoustic overlap with other performances during the performance. Otherwise the artist is entitled to stop playing or to switch to other venues. A reduction in fee is excluded.
2.9 Interruptions for which the artist is not responsible (guest contributions, artist interludes, closing time, premature termination of the event, etc.) do not entitle the artist to a reduction in fee. The agreed playing time shall be paid in full and not added on at the end.
2.10 Requests for the preparation of an offer are non-binding. A binding offer will be submitted in text form (e.g. by e-mail), which can be accepted within 7 days. An order becomes binding when the client signs the order confirmation including the GTCs.
2.11 The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices and payment modalities
3.3 Payment shall be made in cash or by bank transfer at the customer's discretion
3.4 The final payment is due no later than 4 weeks before the start of the event. Special agreements are possible and will be recorded in writing.
3.5 For each written reminder after the occurrence of default, the client shall be charged a lump sum of EUR 10.00.
§ 4 Liability
4.1 The liability of the artist, his band members, employees, representatives and vicarious agents towards the client for damages due to contractual claims is limited to the amount of the agreed fee, insofar as damage was not caused intentionally or through gross negligence by the artist, his band members, employees, representatives and vicarious agents.
4.2 The artist and his band members, employees, representatives and vicarious agents assume no liability on the part of the client for the material, equipment, tents, inventory, instruments, rooms and spaces provided for the realisation of the event. The client guarantees the safety of the artist, his band members, employees, representatives and vicarious agents.
4.3 Damage caused by the client, their employees, guests or third parties (commissioned by the client) to the artist, their band members, employees, representatives and vicarious agents shall be borne by the client. This applies in particular to transportable stages and the power connections provided by the artist, his band members, employees, representatives and vicarious agents, as well as damages that are adequately causally related to the performance of the artist, his band members, employees, representatives and vicarious agents.
4.4 If the client provides its own or rented premises and areas for the performance, it shall ensure that the premises are suitable for the realisation of the event. The client assumes the obligation - if necessary - to obtain the appropriate authorisations for the event.
4.5 If a service is not rendered or not rendered in accordance with the contract, the client must immediately give notice of the defect and demand remedy.
4.6 In the event of disruptions, the client is obliged to cooperate within the framework of the statutory provisions to avoid any damage and to minimise it as far as possible.
4.7 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
4.8 Forfeiture clause: Claims of the client against the artist, his band members, employees, representatives and vicarious agents which are not asserted in writing within three days of the end of the event shall be forfeited.
§ 5 Obstacles to contractual service agreements
5.1 If the artist is unable to provide the agreed service for reasons of force majeure or illness and a replacement service (replacement artist) is also impossible, no claims shall arise for either the artist or the client. As far as possible, the artist shall immediately notify the client of the reasons for the impediment by telephone or e-mail and, if possible, name an alternative date for the fulfilment of the contractual services. Claims beyond this cannot be asserted.
5.2 In the event that a contractual agreement is cancelled in whole or in part for reasons for which the client is responsible, the artist reserves the right to claim the full or partial order amount.
5.3 Default of acceptance exists if the Artist is obliged to provide a service and the Client does not accept the service offered. The Artist must be able to perform during the entire period of default of acceptance. If the client is in default of acceptance of the services, the artist may demand the agreed remuneration for the services not rendered as a result of the default without being obliged to render subsequent performance. With regard to the remuneration, however, the artist must allow credit for the value that he saves as a result of the failure to provide the service or that he acquires or maliciously fails to acquire through other use of his services. the client is not in default of acceptance if the artist is unable to provide the service. The cause of the artist's inability to perform is irrelevant, and the client is also not in default of acceptance if he terminates the service contract and the termination/cancellation is effective.
§ 6 Cancellation of events
6.1 Cancellations shall be remunerated according to the following scale: from the start of the contract 40% of the invoice amount, up to 12 weeks before the start of the event 80% of the invoice amount, up to 8 weeks before the start of the event 100% of the invoice amount,
6.2 The cancellation of a booking by the client is free of charge if a replacement performance can be arranged with the artist. The client shall receive written confirmation of the rebooking of the event. The artist reserves the right to invoice the services already rendered in instalments and to adjust prices in the subsequent offer/invoice.
6.3 The informal request for cancellation must be made in writing, stating the name, address and telephone number of the alternative date. The application must be dated and signed by the client and sent to the artist immediately. Any transfer of use of booked services to third parties, whether against payment or free of charge, requires the prior written consent of the artist.
6.4 If it is not possible to rebook the artist for an alternative date, the cancellation agreements under point 6.1 shall apply.
§ 7 Rights
7.1 All artistic contributions, concepts and content are protected by copyright and remain the intellectual property of the artist. They may not be copied, altered or stored in any form, whether electronically or on other media. Without the express written consent of the artist, any further use, in particular publication, duplication, any form of commercial use and disclosure to third parties - even in part or in revised form - is prohibited.
7.2 The artist is authorised to document the activities on image and sound carriers or other means of reproduction and to publish them without restriction for the purpose of self-promotion or for editorial purposes. The persons on the media declare their consent to this. Separate consent is not required.
§8 Data protection
8.1 With the data transmitted by the user, the artist assures to observe and ensure all relevant statutory data protection requirements.
8.2 The transfer of personal data and user data to third parties for commercial purposes is excluded. The stored data is analysed exclusively for statistical purposes and is not passed on to third parties.
8.3 If the opportunity for the input of personal or business data (e-mail address, name, address, telephone number) is given, the input of these data takes place voluntarily. Here too, the data is treated confidentially and is not passed on to third parties. There is also no linking with the above-mentioned access data.
8.4 The Artist shall be entitled to store and analyse personal data required for the processing of the business relationship in addition to the evaluation for billing purposes, for the protection of his own account and that of third parties.
8.5 The artist is authorised to keep database statistics and uses all technically possible measures to protect the customer data stored with him. However, the Artist shall not be liable if third parties gain control of this data in an unlawful manner and continue to use it. The assertion of claims for damages by the user or third parties against the operator in such a context is excluded by mutual agreement.
8.6 The Artist reserves the right to disconnect users from the servers immediately and without prior warning if there is reasonable suspicion that their account (user account) is involved in network activities that jeopardise either security or operations.
§ 9 Right of cancellation
9.1 You can cancel your contractual declaration in writing within two weeks without giving reasons. The cancellation period begins after receipt of the booking confirmation/order confirmation in writing. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. The cancellation must be sent to: Calathea Moments GbR, Sabrina & Martin Lukas, Westenstrasse. 8, 83376 Truchtlaching, info@calathea-moments.com
End of the cancellation policy.
§ 10 Choice of law, place of fulfilment, place of jurisdiction
10.1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
10.2 The place of fulfilment for all services arising from the business relationship with the artist and the place of jurisdiction is the artist's registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. This does not affect the right to bring an action before a court at another statutory place of jurisdiction.
1. identity of the artist
Calathea Moments GbR
Sabrina & Martin Lukas
Westenstrasse. 8,
D- 83376 Truchtlaching
www.calathea-moments.com
Sabrina: +49 (0)151 - 529 644 01
Martin: +49 (0)175 - 150 54 59
2. information on the conclusion of the contract
The conclusion of the contract and the correction options are in accordance with § 2 of our General Terms and Conditions.
3. contract language
3.1 The contractual language is German.
4. essential characteristics of the service
4.1 The essential features of the service can be found in the description and the supplementary information on our website or in the written offer.
Status: 1 November 2025