Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all contracts between X-centives (hereinafter “XC”) and business customers (hereinafter the “Client”) concerning the planning, organisation and delivery of tailor-made business events, incentives and related services in Spain, Portugal, Croatia, Montenegro, Iceland and other destinations.

Any differing terms and conditions of the Client shall only become part of the contract if they have been expressly accepted by XC in writing in advance.

The contractual language is German. Spanish law shall apply.

2. Conclusion of the Contract

2.1. The basis of the contract is XC’s individual offer together with all service descriptions contained therein. The contract becomes binding when the offer is signed or when it is confirmed in writing by the Client.

2.2. Offers made by XC are non-binding unless they are expressly identified as binding.

2.3. If the Client registers additional participants, the Client shall be liable for their contractual obligations as for its own, provided that it has expressly assumed this responsibility.

3. Prices and Payment Terms

3.1. All prices are stated in euros (EUR) and include statutory value-added tax unless otherwise indicated.

3.2. After the offer has been signed, XC shall issue a pro forma invoice showing the anticipated total price. It shall be payable in the following instalments:

• 30% upon booking,
• 30% no later than 8 weeks before the start of the event,
• 40% no later than 4 weeks before the start of the event.

3.3. After the event has taken place, XC shall issue a final invoice for the actual total amount, including the applicable statutory value-added tax. Any differing invoice items shall, as a matter of principle, be agreed with the Client before they arise-there shall be no surprises.

3.4. Payments shall be made without deduction to the account specified in the invoice, quoting the invoice number.

3.5. In the event of late payment, XC reserves the right to charge default interest at a rate of 9 percentage points above the applicable base interest rate, as well as reminder fees.

3.6. Unless the agreed instalments have been paid in full, there shall be no entitlement to performance of the agreed services.

4. Services and Changes by XC

4.1. The contents described in the offer shall determine the scope of the services. Special requests shall be taken into account where possible but shall only be binding if confirmed in writing.

4.2. Changes to or deviations from essential services are permitted if they become necessary after conclusion of the contract, were not brought about by XC in bad faith and do not materially impair the overall character of the event.

4.3. In the event of material changes, XC shall inform the Client without delay. The Client shall have the right to request a substitute service of at least equivalent value. Complete withdrawal shall only be possible where this is mandatorily required by law. Services already provided or booked (e.g. transfers, restaurants and activities) that are not affected by the change shall remain payable in all cases.

5. Cancellations, Rebookings and Changes by the Client

5.1. The Client may cancel the entire event or individual participant places. The decisive date shall be the date on which XC receives the notice of withdrawal. A written declaration is recommended.

5.2. If the Client withdraws, XC shall charge the following flat-rate cancellation fees, calculated either on the total price of the event or-where individual participants are cancelled-on the respective per-person price:

• up to 90 days before the start of the event: 20%,
• up to 60 days before the start of the event: 50%,
• up to 30 days before the start of the event: 80%,
• less than 30 days before the start of the event: 100%.

5.3. Once the contract has been accepted, XC shall reserve, book and confirm all requested services on a binding basis. In the event of cancellations or changes to the number of participants, this process must be carried out again in full. The resulting costs shall be covered by the applicable flat-rate cancellation fee.

5.4. Changes to the number of participants, the programme or the event schedule are no longer possible from seven days before the event.

5.5. Rebookings or postponements to another date are possible, subject to the availability of the booked services. Rebooking fees and any additional costs may be incurred, particularly where partner services (e.g. hotels or airlines) have already been booked on a binding basis.

5.6. The Client shall remain entitled to prove that XC has suffered no loss or a substantially lower loss.

6. Force Majeure

6.1. Events of force majeure that make performance of the event impossible or materially more difficult (e.g. natural disasters, pandemics, epidemics, official orders or political unrest) shall entitle both parties to adapt the contract.

6.2. As a general rule, in such cases the parties shall agree to a postponement of the event. Payments already made shall be credited towards the new date.

6.3. If postponement is legally impossible or unreasonable, the contract may be terminated. The actual feasibility of performance at the destination shall be decisive. In this case, reversal of the contract shall be governed by the relevant statutory provisions, in particular the requirements of Spanish civil law (Código Civil) and the EU Package Travel Directive.

7. Third-Party Services

7.1. XC works with carefully selected partners (hotels, restaurants, transport companies, caterers, etc.).

7.2. Services expressly identified as third-party services shall be provided by the respective partner in its own name and for its own account. The respective partner shall be liable for disruptions in performance, damage or failures.

7.3. In such a case, XC shall handle the issue on behalf of the Client and request an appropriate (partial) refund or substitute service from the partner.

8. Liability

8.1. XC shall have unlimited liability for damage resulting from injury to life, limb or health caused by a culpable breach of duty.

8.2. For other damage, liability shall-to the extent permitted by law-be limited to the amount of the agreed remuneration, unless the damage was caused intentionally or through gross negligence.

8.3. XC accepts no liability for self-inflicted damage or risks associated with sporting or adventure-oriented activities where participation is voluntary and the Client or participants have been informed of the risks in advance.

9. Compliance and Safety

9.1. Clients and participants undertake to comply with the applicable laws, regulations and safety provisions at the respective destinations.

9.2. Conduct that damages the reputation of XC, its partners or the destinations may result in exclusion from the event without entitlement to a refund.

9.3. Participants themselves are responsible for their consumption of alcohol. XC shall not be liable for damage resulting from improper consumption.

10. Insurance

10.1. Upon request, XC offers supplementary insurance in its proposal (e.g. overseas health insurance, travel cancellation, trip interruption and baggage insurance) from market leader MDT.

10.2. Such insurance is only included if booked in advance.

10.3. The Client is obliged to ensure that its participants have adequate insurance cover, particularly for sporting activities.

11. Data Protection

Personal data shall be processed in accordance with the applicable data protection provisions. Please refer to our Privacy Policy for details: https://x-centives.com/en/privacy-policy

Personal data may be disclosed to service partners (e.g. hotels and transport companies) as part of the event organisation where this is necessary for performance of the contract.

12. Confidentiality and References

12.1. XC undertakes to treat all information relating to the Client as confidential.

12.2. Concepts, offers, presentations and ideas created by XC are protected by copyright and may not be disclosed to third parties or implemented independently without XC’s consent.

12.3. XC is proud of its clients and may name them as references. If the Client does not wish this, XC shall, of course, refrain from doing so.

13. Final Provisions

13.1. Spanish law shall apply. The place of jurisdiction shall be Manacor, Mallorca.

13.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.3. Amendments and additions to the contract must be made in writing.

13.4. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.