Terms and conditions

§ 1 Scope

These terms apply to all services provided by Yes, It's Warm! — Inhaber Alfonso Iannuzzelli (hereinafter “we”) to clients. MaskottchenCrew is a trading name of this small business; the contracting party is Yes, It's Warm! Terms of the client that differ from these apply only where we have agreed to them in writing.

§ 2 Subject matter of the service

We provide performers who appear in a mascot costume supplied by the client, and on request a handler for the event day. In addition we offer cleaning and repair of costumes.

We do not hire out costumes and do not supply characters of our own.The costume is provided by the client. There is no entitlement to a particular performer; what we promise is the service, not a named individual.

§ 3 Formation of the contract

An enquiry through the form or by email is non-binding. On the basis of the date, location, type and duration of the event we produce a quote. The contract is formed when the client accepts that quote in text form.

§ 4 The client’s obligations to cooperate

The client provides at the venue:

• a closed room, not visible from outside, for changing and for breaks (no windows, or windows with blinds that close),
• a water supply and a power supply,
• a contact person reachable during the booking,
• the costume in serviceable condition.

If these conditions are not met, we may limit or refuse the service. The entitlement to payment remains unaffected in that case. The reason is not convenience but the health of the performer and the protection of the character.

§ 5 Performance times, breaks, safety

An appearance block generally lasts 30 to 45 minutes, followed by a break of 15 to 30 minutes. In heat, indoors, or with particularly heavy costumes we shorten the blocks.

Compliance with these times is at our discretion and is not subject to the client’s direction. We are entitled to interrupt or end a booking at any time where the health of the performer, the safety of third parties or the integrity of the costume requires it. Ending a booking on these grounds does not affect the entitlement to payment.

§ 6 Payment, travel, cancellation

The fee stated in the quote applies. The prices given on the website are starting prices; the actual price depends on the duration and scope of the booking. As a small business within the meaning of § 19 UStG we do not show value added tax.

Travel: within 50 km of Duisburg it is included; beyond that we charge €0.50 per kilometre. From roughly 300 km an overnight stay is added (€80 to €120 per night, against receipt). Both are itemised in the quote.

If the client cancels, we charge:

• up to 14 days before the date: nothing,
• 13 to 7 days before the date: 50 % of the agreed fee,
• from 6 days before the date: 100 % of the agreed fee.

[TODO Owner: confirm or replace this scale. It has to match the German version and what is stated on /en/how-we-work.]

Expenses already incurred, in particular booked accommodation and travel tickets, are reimbursable regardless of the scale.

If we are unable to perform for a reason for which we are responsible, the entitlement to payment lapses. In that case we will make an effort to provide a replacement performer.

§ 7 Handling of the costume

We treat the costume with the care appropriate to a one-off item. After every booking we sanitise it. Any damage we notice on taking it over, we report before the performance.

We are not liable for normal wear and tear. For damage for which we are responsible, we are liable under § 8.

§ 8 Liability

We are liable without limitation in cases of intent and gross negligence, and for injury to life, body or health. In cases of ordinary negligence we are liable only for breach of a material contractual obligation, and limited to the foreseeable damage typical of this type of contract.

[TODO Owner: is there public liability insurance? If so, name it here — for clubs and centre management that is an argument, not small print. If not: take it out urgently.]

§ 9 Photography and recordings

The client may use recordings made during the booking for its own purposes. The performer is not named.

Our own use of recordings — for example as references on this website — requires the client’s prior consent in text form. Without that consent we publish neither images nor the client’s name.

§ 10 Volunteer bookings

These terms apply accordingly to volunteer bookings, with the proviso that no fee is payable. The conditions and the number of dates given each year are set out on the volunteer page. Travel costs and accommodation are borne by the client there too.

§ 11 Final provisions

German law applies. Where the client is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is Duisburg. Should any provision be invalid, the remainder of the contract remains effective.

Last updated: [TODO: enter the date on release]