General Terms and Conditions
1. General Terms of business for the Services of IMK as Professional Congress Organiser (PCO)
1.1. To the extent not otherwise expressed arranged, IMK will provide all services exclusively under the conditions given below.
2. Organisation of Events
2.1. To the extent not otherwise arranged IMK will perform all services in the name of and on the account of the promoter.
2.2. Subsequent requests for services will be separately recorded and billed.
2.3. IMK will provide a written confirmation of orders that are received orally, by fax or by e-mail. Any irregularities or misunderstandings must be reported without delay but at the latest on the first work day after the order confirmation has been received. If no such notification is sent, the services that have been ordered are deemed to have been ordered.
2.4. Framework programmes that are dependent on the number of participants can only be carried out when the minimum number of participants is reached.
3. Conference secretary
3.1. Secretarial services will be provided based on the information supplied by the organiser or the participants. Obvious irregularities will be reported to the organiser immediately. IMK is not however obligated to undertake any research or corrections of its own.
4. IMK Travel
4.1. IMK acts with respect to all services as Travel Manager exclusively as an agent. The organiser is obligated to notify the participants in the event of this face expressly in its invitations and other announcements and is liable to IMK for any disadvantages and damages that arise from a failure to provide this notice. IMK accepts no guarantee responsibilities for brokered services from third parties.
4.2. To the extent that the organiser is not also the client/purchaser of travel agent services, the organiser must also disclose the following terms and conditions for the purchase of travel agency services in its printed materials as conditions for participation and is liable to IMK directly for the proper fulfilment of the obligations incumbent on the ordering party and/or any disadvantages and damages that result from failure to meet this responsibility.
4.3. Bookings will only be accepted in written form. In each case, the client is responsible for the accuracy of the information given to complete his/her booking and acknowledges that IMK will not check any of the information itself.
4.4. The purchaser must report any inaccuracies in the booking with documentation within three days of receipt o the confirmation or the claim will be lost.
4.5. The purchaser acknowledges that depending on the content of the service and the arrangement of services brokered with foreign companies, foreign law can be applicable.
4.6. The purchaser must expressly and clearly state whether the booking order is submitted in his own name or for a third party. In every case the purchaser is responsible for his/her own booking and is directly liable to IMK for any disadvantages and damages that arise from a failure to meet the responsibilities incumbent on the purchaser.
4.7. IMK is entitled to demand a processing fee and a (minimum) down payment on booking. In the case of events whose budgets are paid by sponsors, the event must be 100% financed in advance.
4.8. The remaining payment and the reimbursement of cash expenses is due when the travel documents and/or vouchers from the organiser or service provider are handed out.
4.9. The purchaser’s obligations remain in effect even if he/she assigns all or some claims from this contract to a third party. The purchaser in this case bears all the resulting added costs and is wholly and singly liable to the actual service provider.
4.10. The purchaser acknowledges that when our contingent bookings in hotels are used up this can lead to bottlenecks. IMK is therefore entitled to provide a substitute lodging of the same category if this becomes necessary. To the extent that the re-booking is completed in the selected lodging category, claims against IMK are excluded.
4.11. If the purchaser withdraws from the contract with the actual service provider, the purchaser must compensate use for any cancellation costs billed to us, without any discount, and with added processing fees; the total must be paid within 7 days.
4.12. With the exception of that exchange of data with contracting partners and services provides that is necessary for IMK to fulfil the order, information about the name of the purchaser and the recipients of services identified by the purchaser and their residences will not be shared with third parties even in urgent cases. The traveller is responsible therefore for making sure that information of this kind is in the possession of people who need to have it in emergencies.
4.13. Every purchaser is responsible for getting his/her own information concerning the applicable passport, visa, currency, customs and health regulations. IMK has no obligation to provide information.
5. General Provisions
5.1. IMK will in each case carefully select the service providers to be used and other ancillary businesses and provides for the proper routing of payments intended for the service provider. IMK cannot accept any liability for the actual performance of the services brokered or their being performed or those services being performed correctly and in a timely fashion.
5.2. The content of the services and the prices will be disclosed by IMK to the best of their knowledge and in tune with the current state of information. IMK cannot accept any liability for any changes in the scope of performance and the price schedule since it has no means of influencing the service providers.
5.3. IMK is liable for damages that are demonstrably the result of a breach of contract to the extent that IMK can be shown to have caused these damages through intentional breach of contract or gross negligence.
5.4. The payments made to IMK are due when the billing statement is issued and must be paid to our business account within 14 days free of any charges or discounts.
5.5. In the event of default on payment, default interest in the amount of 8% p.a. plus 20% VAT on the interest is agreed on. The portion in default will also bear all costs for any legal action of recovery, including dunning, collection and attorney’s fees and costs of prosecution.
5.6. The monies that IMK handles in trust serve IMK as a guarantee for any due claims. IMK is entitled in the event of default on payment to collect the due claims from these monies first.
5.7. Crediting claims against the contracting partner with claims from IMK in any name whatsoever, is impermissible.
5.8. Any interest on balances held in the accounts held in trust by IMK (especially conference accounts) are due to IMK as compensation for managing the account in trust and the expenses that accrue.
5.9. The organiser and other purchasers of services authorise IMK to use automated means to process the data supplied and, in the context of fulfilling the contract, to share this data with other contracting partners and the service providers engaged.
5.10. Swiss law applies to all of our contractual relationships.
5.11. The court of jurisdiction is Basel.
Valid as of May 2016
IMK Institute for Medicine and Communication AG, Basel