AVBs – General Event Conditions
Regulates the contractual relationship between Alice Roof Top GmbH and the tenants at third-party events in the event location ALICE Rooftop in the B2B area
You can read our detailed AVBs (General Event Conditions) here. If you have any questions, you can contact us.at any time
- Contract basis
1.1 Alice Roof Top GmbH operates the event location "ALICE Rooftop" (hereinafter: "ALICE Rooftop"). The event location serves to hold social, commercial and scientific events such as conferences, meetings, galas, product presentations, Christmas parties and summer parties as well as other event formats. The customer has the option of using other services from Alice Roof Top GmbH in addition to renting the rooms. The individual services to be booked are specified in individual contracts.
1.2 Alice Roof Top GmbH is the operator (hereinafter "operator") of the event location and provides additional services depending on the individual contract. The operator's rights are exercised by his operations manager and/or the (divisional) employees of the operator authorized for the respective event.
1.3 Rental is exclusively for events that fall under the purpose of use specified in Section 1.1. Events that contradict the image of Alice Roof Top GmbH are not permitted.
1.4 The operator has no influence on the market with the rental. It does not guarantee any local, regional, supra-local or temporal area protection for events of the same or similar genre.
2.1 These General Event Terms and Conditions (hereinafter referred to as "AVB") apply to all contracts involving the holding of events, in particular the provision of event areas and rooms, the provision of event-related services and work, and the provision of mobile facilities, technology and structures have as their subject.
2.2 The AVB apply to companies, merchants, commercial persons, legal entities under public law and special funds under public law (companies). They also apply to these persons for all future contractual relationships.
2.3 Additional or conflicting contractual conditions of the contractual partner (hereinafter "tenant") only apply if the operator has expressly acknowledged them in writing.
2.4 If deviating agreements are made with the lessee in the contract or in an annex to the contract, these agreements always take precedence over the corresponding regulation within these contractual conditions.
- Conclusion of contract
3.1 The rental relationship is based on a contract between the tenant and the operator with elements of a service and work contract (hereinafter referred to as the “event contract”). Essential components are these AVB, the applicable rental and usage tariffs, the mandatory notifications about the event, the transfer of duties, the relevant house rules and other specified annexes to the contract.
3.2 The event contract is concluded when the lessee sends back the signed offer made by the operator at his request within the period specified in the offer. After the deadline, the operator is entitled, but no longer obliged, to conclude the contract with the contractual partner. The offer is valid for one week from creation and then expires.
3.3 All contracts and supplements to the contract with the operator must be in electronic form (e-mail) to be effective.
3.4 No right to the conclusion of an event contract can be derived from the option (reservation) of an event room for specific dates, unless the operator has expressly undertaken to do so in the confirmation of the reservation. However, tenants and operators undertake to notify us immediately of any other planned use or a waiver of the pre-notified date.
- Tenant, Event Manager
4.1. In principle, the lessee is the sole lessee, unless otherwise stipulated in the event contract.
4.2. If the tenant is not the tenant at the same time, he is obliged to inform the tenant of all contractual obligations, including these AVB and the appendices. The lessee remains responsible to the operator for the fulfillment of all obligations incumbent on the lessee under this contract. In such a case, the lessee is the lessee's vicarious agent. The tenant must accept actions and declarations by the tenant and the persons commissioned by him as if they were his own.
4.3 The free or paid transfer, including subletting, of the rental item in whole or in part to third parties requires the written consent of the operator. Approval is deemed to have been granted if the third party is named in the contract. The lessee does not require consent within the meaning of sentence 1 if he is an agency that has been commissioned by a third party to rent an event location, as long as and to the extent that the third party is involved in the planned event within the scope of 1.3 of this AVB moves.
4.4 The lessee must, without being asked, no later than 2 weeks before the start of the rental, give the operator the name of a person responsible for managing the event in writing with contact details (e.g. telephone) who will be responsible for the function and tasks of the event manager in accordance with the Ordinance on Venues (MVStättV) for the lessee in accordance with these AVB.
4.5 The event manager must take part in a joint inspection of the venue and familiarize himself with the event rooms, including the escape and rescue routes. At the request of the operator, the event manager must take part in a vote/instruction on the safety regulations to be observed before the event. The event manager is also obliged to be present at possible safety talks, insofar as the fire brigade and/or police and/or the operator deems it necessary.
4.6 The event manager must ensure that the event runs in an orderly and safe manner. He is obliged to be present during the course of the event, must be available at all times and, if necessary, has to make any necessary decisions in coordination with the contact person named by the operator, the authorities, the security service and other external helpers (fire brigade, police, building authority, office for public order, medical service). In principle, the operator issues evacuation instructions in consultation with the tenant. The event manager is supported by a contact named by the operator.
4.7 The lessee named in the contract applies to the operator as the entrepreneur within the meaning of the accident prevention regulation BGV A.
4.8 The obligations incumbent on the lessee or lessee are additionally specified by a written transfer of duties from the operator to the lessee or lessee. In the event of non-fulfillment of the transfer of duties, this can lead to the restriction or cancellation of the event.
- Purpose and schedule of the event
5.1 The specific purpose of use of the event will be communicated to the operator at the latest when the contract is concluded.
5.2 In principle, the lessee must coordinate the entire procedure with the operator and announce the program no later than 2 weeks before the event, unless otherwise contractually agreed. Intended changes are to be communicated to the operator immediately.
5.3 The decision as to whether and to what extent an event is suitable for the operator and is permitted is made solely by the operator.
5.4 All escape routes and doors, fire alarms, hydrants, smoke flaps, electrical distribution and control panels, telephone distributors and heating and ventilation systems must remain freely accessible and unobstructed in accordance with legal requirements. Representatives of the operator and the supervisory authority must be granted access to the mentioned systems at all times.
5.5 The tenant is not entitled to hold events in the rented rooms at which racist, right-wing extremist, anti-democratic, anti-Semitic or similar ideas are disseminated or presented. By signing the offer, the renter assures that the event will not have any of the above content.
- Object of the contract
6.1 The subject of the contract is the rooms, areas, facilities and facilities of the entire property (continuous rental item) specified in the event contract. The specific rental object results from the event contract and any attached rental space plans.
6.2 The operator also provides other services and benefits in kind related to the room rental, which are regulated in the event contract and, if applicable, the attached rental and usage tariff. The operator can commission third parties as subcontractors in his own name for the services and benefits in kind related to the room rental (authorization to delegate).
6.3 The rental item may only be used for the purpose agreed in the event contract. Changes to the purpose of use require the prior written consent of the operator. The lessee undertakes to inform the operator immediately in writing of any intention to change the purpose of use. If the use is not regulated in the event contract, the permitted use is based on 1.3 in connection with 5.1 of these AVB.
6.4 Both the rented item and the operator's services and goods are made available exclusively within the period of time specified in the event contract.
6.5 The rental item is generally rented in the condition in which it is currently located.
6.6 Before or when the rented item is handed over to the renter, the rented item, including the technical equipment, emergency exits and escape routes, can be inspected together with the renter or the event manager appointed by him and checked for suitability for the event. The operator assumes no liability for the rented item, the technical equipment and other items provided being suitable for the use intended by the renter if the renter fails to carry out this check.
6.7 If the lessee or the event manager appointed by him discovers defects or damage to the rental object, including the facilities and facilities provided, before or during the rental, these must be recorded in writing and photographically with documentary photos and the operator must be informed immediately. Otherwise, both contracting parties assume that there are no recognizable defects at the time of handover. The operator can request a handover protocol in individual cases.
6.8 The operator is entitled to enter the assigned rooms/areas together with third parties at any time during the set-up and dismantling phase and during an event.
- Changes to the Rental Item
7.1 The lessee may not make any changes to the rental object without the special consent of the operator and without the existence of any necessary official permits.
7.2 Approved changes, installations and decorations made by the tenant, as well as the costs of restoring the original condition, are at his financial expense.
7.3 After the end of the rental period, the items brought in by the tenant can be removed at the expense of the tenant and / or stored at the expense of the tenant. Liability of the operator for loss or damage when storing the items is excluded, provided there is no intentional or grossly negligent breach of duty by the operator.
7.4 Damage to walls, floors and rental equipment is subject to compensation. In the event of above-average soiling, the operator will charge the renter a fee for soiling, which is based on the effort involved in restoring the original condition.
- Rental period/ times of use/ return
8.1 The rental item is only rented for the period agreed in the event contract. A tacit renewal is expressly excluded. Necessary preparation times for assembly, decoration and dismantling, etc. are to be taken into account accordingly by the tenant.
8.2 At the end of the last hour of the rental period, the rented item must be returned by the renter in a clean and vacated condition. A separate request to leave the rooms by the operator is not required.
8.3 If the lessee or the event manager appointed by him discovers damage to the rental object, including the equipment and facilities provided, during the rental period or upon return, this must be recorded in writing and photographically with documentary photos and the operator must be informed immediately. The operator can request a return protocol in individual cases.
8.4 If the rented item is not returned on time, the lessee is liable to the operator for all damage caused by the late return of the rented item. In any case, the lessee must compensate for a usage fee corresponding to the rent as minimum damage. The operator reserves the right to prove greater damage.
- Rental and additional costs
9.2 The operator is entitled to demand an appropriate security deposit for all claims of the operator in connection with the event contract at the same time as the rent. If a security deposit is paid in cash, the operator is not obliged to make an interest-bearing investment.
9.3 Discounts are generally not granted. Payments are to be made without deduction.
9.4 If the number of participants in the event is reduced by more than 20% of the anticipated number of tenants after the offer has been accepted, the operator will grant a discount of up to 10%. No further discounts will be granted. If the planned number of participants increases, the operator must be informed of this up to seven days before the event, otherwise no adjustments to the event services can be made.
9.5 If the number of participants in the event increases on the day of the event, the costs for food, drinks and staff will be charged in proportion to the estimated costs from the contract and an additional 25%. The admission of the participants is subject to the organizational possibilities.
9.6 In the event of any delay in payment to the operator, interest on arrears will be charged at the statutory rate. The operator reserves the right to prove a higher damage caused by delay.
10.1 The lessee bears sole responsibility for fulfilling additional legal reporting obligations and obtaining the necessary permits as well as for the implementation of all official orders, requirements and conditions that are not already available to ALICE Rooftop. The respective official permits and approvals must be submitted to the operator by the lessee at least two weeks before the event.
10.2 The lessee must comply with the relevant regulations applicable at the time of the event, in particular those of the Ordinance on Places of Assembly (MVStättV), the building code, the immission control law, the Occupational Health and Safety and Working Hours Act, the Industrial Code, the Youth Protection Act and the accident prevention regulations of the professional associations. p>
10.3 The lessee bears the fees and taxes arising from the implementation of the event. VAT is to be paid by the lessee for all income from the event. For all artists commissioned by the tenant, the payment of accruing artists' social security contributions to the artists' social security fund as well as the payment of income and sales tax for (foreign) artists with limited tax liability is also the sole responsibility of the tenant.
10.4 ALICE Rooftop has a contract with GEMA for BACKGROUND MUSIC PLAYBACK. Further planned use of music must be registered with GEMA in advance. This registration of works subject to GEMA with GEMA and the timely payment of the GEMA fees are the sole obligations of the tenant.
- a) In good time before the event, the operator can demand written proof of the registration of the event with GEMA and written proof of payment of the GEMA fees from the lessee. If the lessee is not able or not willing to provide evidence, the operator can demand a security deposit in the amount of the expected GEMA fees from the lessee.
- b) The lessee irrevocably acknowledges that he is solely responsible for all of the lessee's obligations. The lessee irrevocably indemnifies the operator from all claims and claims of third parties with regard to the GEMA fees incurred. This also applies to any legal costs incurred in this respect.
- c) If the lessee does not meet his obligations to provide evidence or to provide security or does not do so in a timely manner, this entitles the operator to withdraw from the contract and to claim damages after setting a deadline with a threat of rejection.
- Broadcast, TV, Internet and loudspeaker broadcasting; Sound, film and photo recordings
11.1 Sound, film and photo recordings as well as other recordings and transmissions of the event of all kinds require the written consent of the operator, subject to the consent of the copyright and ancillary copyright holders involved and the owners concerned. As a rule, an additional reasonable fee to be agreed upon is to be paid to the operator for the granting of consent. If the renter culpably violates sentence 1, the operator is entitled to a contractual penalty of €3,000 for each legal violation. The tenant reserves the right to prove that the damage was less. Further claims for damages by the operator remain unaffected.
11.2 The operator has the right to take photos and film recordings that show the performing artist as accessories or objects (e.g. stage structures) both before, during and after the event for the purpose of documentation or for self-publications for reference purposes or to have them made, unless the lessee declares his objection to the operator in writing within 2 weeks before the start of the rental period. This does not justify the operator's obligation to pay.
- Gastronomic management
12.1 The entire catering management at events of all kinds on the premises or in the premises of the operator is exclusively the responsibility of the operator or the service provider used by him.
12.2 In principle, the lessee is not entitled to a revenue share from the service provider or the operator.
- Use of technical equipment and facilities
13.1 Technical equipment must be checked by the lessee for proper condition upon handover. If the lessee discovers damage to the technical device before or during handover, during the period of use or upon return, this must be recorded in writing and photographically with documentary photos and the operator must be informed immediately. The operator can request a transfer or return protocol in individual cases. Proper use during the period of use is the responsibility of the tenant.
13.2 Technical devices and facilities may only be operated by the operator or by employees commissioned by him, unless otherwise permitted. This also applies to work on technical systems and the supply networks of the rental properties and rental areas, in particular the lighting and power supply.
13.3 If the tenant brings his own technical equipment or facilities into the rented rooms and rented areas, these must meet the infrastructural and specific requirements of the event location and require the prior written consent of the operator. The lessee is responsible for ensuring the technical safety of the devices brought in and he must provide written evidence of this at the request of the operator. The operator can supervise and check the connection and operation of this equipment himself or have it supervised and checked by staff commissioned by him at the expense of the tenant.
- Admission and security personnel
14.1 The operator appoints admission and security personnel based on the event and room-specific requirements. The tenant has to bear the costs incurred according to sentence 1.
14.2 The lessee may only use his own personnel or personnel commissioned by him with the written consent of the operator. The tenant has to bear the costs.
- Renter's liability
15.1 The lessee is liable for the smooth running of the event, including its preparation and subsequent handling.
15.2 The lessee is liable for all damage incurred by the operator in connection with the event, insofar as the lessee, his employees or other vicarious agents are responsible for them. If damage to the rented property prevents a new rental, the renter is liable for the resulting loss of rent and any recourse claims by subsequent renters. In the event of a dispute, the tenant must relieve himself that he is not responsible for the breach of duty.
15.3 Insofar as persons other than those named in Section 15.2, in particular event visitors of the lessee, cause damage to the operator, the lessee is liable for damages to the operator if the lessee is at fault.
15.4 The lessee releases the operator from all third-party claims for damages asserted by the third party against the operator in connection with the event, insofar as the lessee or his employees or other vicarious agents are responsible for them. This obligation to indemnify also extends to any official fines and administrative offenses that may be imposed on the operator as the operator in connection with the event.
15.5 The obligation to indemnify according to Section 15.4 also includes all claims asserted by third parties against the operator due to infringement of copyrights and rights to one's own image during the production and use of photo and film material by the operator as part of his reference use. p>
15.6 Unless otherwise specified in the contract, the lessee is obliged to take out event liability insurance for the event with coverage for
- event-related personal injury and property damage of at least 3 million euros (three million euros),
- Rental damage to the building and the premises of at least 3 million euros (three million euros),
- extended rented property damage to the moveable equipment of at least 250,000 euros (two hundred and fifty thousand euros),
- Financial losses of at least 100,000 euros (one hundred thousand euros) and for
- Consequential damage to property and personal injury at least 500,000 euros (five hundred thousand euros)
to be completed at his own expense and maintained during the rental period. The insurance must also cover damage caused by visitors. Proof that the insurance has been taken out must be submitted to the operator no later than two weeks before the start of the event without being asked by submitting the relevant insurance certificate, unless otherwise agreed in the event contract. The obligation to take out insurance is an essential contractual obligation, non-fulfilment of which entitles the operator to withdraw.
- Liability of the operator
16.1 If there are any defects in the rented item, the operator will rectify them immediately after they become aware of them. If this is not successful, the renter is entitled to a corresponding reduction. The statutory regulations on reduction apply.
16.2 Further claims for damages against the operator, regardless of whether they are derived from liability for defects under tenancy law, tort or another legal reason - can only be asserted against the operator if the operator acted intentionally or with gross negligence. This limitation of liability also applies to defects that already existed when this event contract was concluded. The no-fault liability of the operator - for initial defects that existed at the time the contract was concluded - is expressly excluded. Liability of the operator due to unfavorable weather conditions is expressly excluded.
16.3 However, the limitations of liability according to Section 16.2 do not apply insofar as rental defects or other liability-relevant facts have led to damage to life, limb or health (personal injury) or the operator has breached essential contractual obligations (cardinal obligations). Then the operator is also liable for slight negligence.
16.4 If, as a result of a misjudgment of risks, the event is restricted, canceled or aborted on the instructions of the authorities or the operator, the operator is not liable for cases of simple negligence.
16.5 The operator assumes no liability for items brought in by the lessee, his employees and suppliers, exhibitors and visitors in the event of a culpable breach of duty attributable to the operator, except in cases of intent or gross negligence.
16.6 Insofar as liability is excluded or limited according to the provisions of these AVB, this also applies to the operator's vicarious agents.
- Force majeure, cancellation / transfer, cancellations
17.1 According to the rulings of the highest court, force majeure is an external event that has no operational connection and cannot be averted even with the utmost care that could reasonably be expected (Federal Court of Justice, judgment of May 16, 2017, Az. X ZR 142 /15).
17.2 The cancellation of individual artists or the late arrival of one or more participants, demonstrations, the security consequences of finding suspicious objects, bad weather including ice, snow and storms, as well as known pandemics, under no circumstances fall under the term "force majeure". These events are subject to the sphere of risk of the lessee/organiser. The lessee/organizer is therefore recommended to take out cancellation insurance for his event, which covers these risks accordingly.
This clause is no longer effective in connection with the current COVID-19 pandemic. A clause on force majeure can only take effect for events that were unforeseeable and not recognizable for the contracting parties at the time the contract was concluded. Here the special regulations apply according to Section 25.
17.3 The lessor/operator is not liable for unforeseen events that make it impossible to hold the event as planned and for which the lessor/operator is not responsible. If the event has to be closed as a result of force majeure or by order of the authorities, and the lessor/operator is not directly the addressee of the official order, the lessee/organiser has a right to a contract adjustment against the lessor/operator.
17.4 If the lessee does not hold the event for another reason outside of section 17.1 and for which the operator is not responsible, or if the lessee wishes to postpone it, he must notify the operator of this immediately in writing and the corresponding withdrawal from the contract to be explained to the operator in writing. In this case, the lessee is obliged to compensate the operator for the damage minus saved expenses. If the operator is partly to blame for the cancellation or relocation of the event according to sentence 1, the operator will receive a reduced amount of compensation in accordance with the mutual responsibility.
17.5 The operator has staggered the claim for compensation according to section 17.2, i.e. taking into account the proximity of the time to the contractually agreed start of service in a percentage ratio to the agreed price and when calculating the compensation usually saved expenses and usually possible other uses of the services taken into account. Compensation for loss of service is due at the time of termination in the following amount of all agreed fees:
- up to 9 months before the start of the event: 25%
- up to 6 months before the start of the event: 50%
- up to 3 months before the start of the event: 75%
- after: 85%
17.6 The operator reserves the right to demand higher specific compensation instead of cancellation flat rates according to Section 17.5, insofar as he can prove that he has incurred significantly higher expenses than the applicable flat rate. In this case, the operator is obliged to specifically quantify and document the required compensation, taking into account the expenses saved and any other use of the services.
17.7 In the case of partial cancellations, the parties shall set the new price in writing again, taking into account the interests of both parties and the respective possibilities. If an agreement cannot be reached, the cancellation is considered a total cancellation, so that the cancellation fees according to Section 17.5 are to be applied.
17.8 The lessee is at liberty to prove that the cancellation did not result in any damage or that it was significantly lower than the flat rates set out in Section 17.5 in the event contract.
- Withdrawal from the contract
18.1 In the event of a breach of essential contractual obligations, the operator is entitled to withdraw from the contract after unsuccessfully setting a deadline, in particular if:
- a) the payments to be made by the renter have not been made on time,
- b) the tenant liability to be provided by the tenant has not been proven in good time,
- c) the event will disrupt public safety and order or damage the reputation of the rented property or the city of Berlin or if there is a reasonable probability to fear it based on facts,
- d) the official approvals or permits required for the event are not available,
- e) the purpose of use specified in the event contract is changed significantly,
- f) the lessee did not disclose that the event is being held by or for a political party or a religious or "pseudo-religious" association when the contract was concluded, particularly when stating the purpose of use,
- g) the lessee violates legal regulations, in particular regulations relating to places of assembly or official requirements and orders,
- h) the renter does not comply with his legal and official - only insofar as these are connected to the event - or contractually assumed notification, notification and payment obligations towards the operator or towards authorities, fire brigade or medical and rescue services or GEMA ,
- i) insolvency proceedings have been opened against the tenant's assets or the opening of insolvency proceedings has been rejected for lack of assets.
18.2 If the operator makes use of his right of withdrawal for one of the reasons stated in Section 18.1 lit. a) to i), he retains the right to payment of the agreed fees if the lessee is responsible for the reasons. However, the operator must allow saved expenses to be credited.
18.3 The setting of a deadline according to 18.1 is not necessary if the breach of contract cannot be remedied within a period of time.
- Event cancellation/eviction
19.1 Violations of essential contractual obligations, the house rules, the present safety regulations as an annex to the contract as well as event-related legal regulations or official orders must be stopped by the tenant immediately.
19.2 The operator is entitled to substitute performance at the expense of the lessee if the lessee does not immediately fulfill his obligations under 19.1. If a substitute performance is not possible or unreasonable or if the tenant refuses to assume the costs, the operator can demand that the tenant vacate and hand over the event rooms.
19.3 If the lessee does not comply with a corresponding request in the event of a breach of essential contractual obligations, safety-related regulations or in the event of particularly dangerous situations, the operator is entitled to have the event aborted, including evacuation, at the lessee's expense and risk. The tenant remains obliged to pay the full fee.
- House rules/ house rules
20.1 The lessee and his event manager are entitled to domiciliary rights within the premises provided to the extent necessary for the safe implementation of the event in addition to the operator. The lessee and his event manager are obliged to ensure that the event is carried out properly and safely within the event rooms provided. You are responsible for enforcing the house rules towards visitors. In the event of violations of the house rules, they must take the necessary measures to prevent further violations. If a security service has been appointed for the event, they will support you on request.
20.2 The operator and the persons commissioned by him continue to have unrestricted domiciliary rights over the tenant, his visitors and third parties for the duration of the contractual relationship.
20.3 Furthermore, the house rules apply as an annex to the contract. The tenant must ensure that the house rules for visitors become part of the visitor contract and are displayed in the entrance area to the rental area.
20.4 Due to his economic and organizational responsibility, the lessee is obliged to ensure compliance with official and/or legal requirements with regard to the respective containment measures of COVID-19. Above all, it includes the creation of a hygiene concept, the implementation of this in the run-up to the event and its on-site implementation. With regard to the implementation of the hygiene concept, the tenant must coordinate an appropriate seating plan with the operator. The tenant is responsible for compliance with the official requirements in this regard.
20.4 a) Upon request, the operator shall provide the lessee with a hygiene concept specially designed by him for his event location.
20.4 b) In this context, the operator provides a qualified hygiene officer.
20.4 c) If the operator does not provide a qualified hygiene officer, an independent qualified hygiene officer must be appointed at the expense of the tenant.
- 4 d) If the hygiene concept does not correspond to the event concept of the lessee, he can bring in his own hygiene concept. This must meet and comply with the official requirements and the recommendations of the Robert Koch Institute in every form. It must be coordinated with the competent hygiene officer and only implemented after approval by the operator. The event may only take place after submission of a hygiene concept confirmed by the operator. Otherwise the operator is entitled to terminate the contract and to hold it harmless.
20.4 e) The operator is entitled to have the tenant's hygiene concept checked by the authorities as required. For this purpose it may be passed on to third parties.
- Volume for music performances
21.1 The operator's music playback devices are calibrated and officially approved. Adjusting the volume is not possible. For this reason, a performance by live bands is only possible in exceptional cases after a personal request to the ALICE Rooftop.
21.2 The tenant must comply with the specifications of the TA-Lärm. The operator reserves the right to close the roof terrace after 10 p.m. in the event of complaints from residents.
- Right of offsetting/ retention
The lessee is only entitled to set-off and retention rights against the operator if his counterclaims have been legally established, are undisputed or recognized by the operator.
The operator reserves the right to advertise itself at events in an appropriate form and to an appropriate extent (e.g. flyers).
- Invitations and reference usage
24.1 If the lessee wishes to use the name/designation, company, logo and/or brand of the operator on invitation cards, online announcements and similar announcements of the event, this is permitted with prior written consent.
24.2 The lessee is permitted, after written consent, to use the name/designation, company, logo and/or brand of the operator and/or the event and/or photo and/or film material from the event for reference purposes in online, print - or use other media. There is a linking requirement in the online area.
- Corona SARS-COV 2
25.1. Both contracting parties are aware of the risk that the COVID 19 pandemic may pose a risk of a possible cancellation or change in the form of the event (hybrid/digital) or relocation for future events. The lessee as organizer bears the basic "event risk" and thus the risk of use. This applies in particular if an official ban should be issued for the planned period of the event in future, since the pandemic and its potential consequences for event planning and implementation are now foreseeable.
25.2. The organization and implementation of the planned event is impossible for the tenant if
- a) an official prohibition order or
- b) there is a risk situation, the risk of which cannot be predicted at the moment, but the requirements of the respective responsible health authority at the event location, the RKI (Robert Koch Institute) and/or the WHO require compliance with the protection obligations of the organizers when holding the event as unacceptable.
25.3 In the event of the cancellation of the event, the parties agree to an adjustment of the contract in accordance with the options under 25.4 - 25.6 (postponement, adjustment of event, cancellation) if one of the obstacles in accordance with 25.2 exists. In the event of an official prohibition order pursuant to 25.2 a), the respective addressee of the prohibition must inform the other contractual partner immediately.
25.4 Relocation due to Corona
If one of the reasons listed under 25.2 exists, the parties agree that, contrary to the information regarding the time of the planned event from the contract, the event can be rescheduled to a later date up to a maximum of 12 months after the originally planned event date.< /p>
Relocation means that the planned event will take place at a later date with the same service content and scope. The appointment is subject to availability on the part of the operator. The operator must be notified in writing within 2 weeks of the reasons for the impediment becoming known in accordance with 25.2.
If the tenant makes use of the offer to relocate, he is not obliged to declare his withdrawal, contrary to any conflicting provisions of the contract and/or AVB; in this case, the renter is not obliged to pay the operator any cancellation fees compared to the old agreement.
The down payments already made will be credited to the new event. The tenant bears any additional costs caused by the relocation. This primarily means additional costs due to price increases of the sub-service providers.
If a corona-related relocation is not possible, the provisions regarding the complete corona-related cancellation after June 25th apply.
25.5 Corona-related event adjustment
If the event format is limited/reduced/ and/or the event format is changed (e.g. in hybrid), the parties will only set the new price again, taking into account the interests of both parties and the respective possibilities, if the income subsequently (after conclusion of the contract) significantly reduced by massively reduced visitor numbers. If no agreement is reached, the cancellation is considered a total cancellation after 17.5.
The operator must be notified of the event adjustment in writing no later than 30 days before the event. The lessee is obliged to be aware of any applicable official prohibition orders for the venue and relevant event period that could affect his event. The operator will inform this upon request.
Otherwise, the provisions regarding the complete cancellation due to Corona according to § 25.6.apply
25.6 Corona-related cancellation
If the tenant completely refuses to move or adapt the event, he is obliged to compensate the operator for the damage less saved expenses (so-called compensation claim as compensation for loss).
The amount of the compensation claim as compensation for loss of service is staggered over time, i.e. taking into account the proximity of the time to the contractually agreed start of service as a percentage of the agreed price and usually saved expenses and usually possible other uses of the services are taken into account when calculating the compensation. A loss compensation is measured at the time of withdrawal, whereby the cancellation rates according to No. 17.5 are adjusted in such a way that there is a reduction of the rates agreed here by 10%. The following cancellation compensation is therefore due:
- up to 9 months before the start of the event: 15%
- up to 6 months before the start of the event: 40%
- up to 3 months before the start of the event: 65%
- after: 75%
The lessee is at liberty to prove that the cancellation did not result in damage or that the damage was significantly lower than the flat rates set in the event contract.
- Place of performance/ place of jurisdiction/ invalid clauses
26.1 The contractual relationship is subject to the law of the Federal Republic of Germany. The place of performance for all claims arising from the contract is Berlin. Unless another mandatory place of jurisdiction is justified by law, Berlin is agreed as the place of jurisdiction.26.2. Should individual clauses of these AVB be or become invalid, they will be replaced by the statutory regulation from which they deviate.
As of June 2021