GENERAL EVENT TERMS AND CONDITIONS

These regulate the contractual relationship between Alice Roof Top GmbH and Tenants for third-party events at the ALICE Rooftop event location in the B2B sector (last updated October 2024)

1. Basis of the contract

1.1 Alice Roof Top GmbH operates the event location "ALICE Rooftop" (hereinafter "ALICE Rooftop"). The event location is used to hold social, commercial and scientific events such as conferences, meetings, galas, product presentations, Christmas parties, summer festivals and other event formats. The contracting party has the option to book additional services from Alice Roof Top GmbH alongside the rental of the premises. The services to be booked in detail are defined 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 rights of the Operator are exercised by its operations manager and/or the Operator's (departmental) staff authorised for the respective event.

1.3 The rental is exclusively for events that fall under the purpose of use mentioned in Clause 1.1. Holding events that conflict with the image of Alice Roof Top GmbH is excluded.

1.4 The Operator does not influence the market through the rental. The Operator does not guarantee local, regional, supra-regional or temporal area protection for events of the same or similar genres.

2. Scope

2.1 These General Event Terms and Conditions (hereinafter "GETC") apply to all contracts concerning the holding of events, in particular the provision of event spaces and rooms, the provision of accompanying services and works, as well as the supply of mobile facilities, technology and structures.

2.2 The GETC apply to companies, merchants, individuals engaged in commercial activities, legal entities under public law and special public-law funds (enterprises). They also apply to all future contractual relationships with these parties.

2.3 Additional or conflicting terms and conditions of the contracting party (hereinafter "Tenant") shall only apply if the Operator has expressly acknowledged them in writing.

2.4 If differing agreements are made with the Tenant in the contract or in an annex to the contract, these agreements shall always take precedence over the corresponding provisions of these Terms and Conditions.

3. Conclusion of the contract

3.1 The rental relationship is based on a contract between the Tenant and the Operator, which includes service and work contract elements (hereinafter "Event Contract"). Essential components of this are these GETC, the applicable rental and usage rates, the mandatory event notifications, the delegation of duties, the relevant house rules and other named annexes to the contract.

3.2 The Event Contract comes into force when the Tenant signs and returns the offer prepared by the Operator following the Tenant's request within the period stated in the offer. After this period, the Operator is entitled, but no longer obliged, to conclude the contract with the contracting party. The offer is valid for one week from the date of issue and then expires.

3.3 All contracts and amendments to the contract with the Operator must be in text form to be effective. Text form is considered maintained if the respective declaration is transmitted electronically (e.g. via email) or by fax.

3.4 No claim to the subsequent conclusion of an Event Contract can be derived from the option (reservation) of an event space for certain dates unless the Operator has expressly committed to this in the reservation confirmation. However, both the Tenant and the Operator are obliged to promptly notify each other of a planned alternative use or a waiver of the pre-scheduled date.

3.5 Even multiple occurrences of an event or the repeated provision of rooms and spaces on certain dates do not establish any claim to similar events in the future, unless otherwise regulated by individual contract.

4. Tenant, organiser, event manager

4.1 The Tenant is generally the sole organiser unless otherwise specified in the Event Contract.

4.2 If the Tenant is not also the organiser, the Tenant is obliged to inform the organiser of all contractual obligations, including these GETC and the annexes. The Tenant remains responsible to the Operator for fulfilling all obligations incumbent upon the Tenant under this contract. In such cases, the organiser acts as the Tenant's vicarious agent. The Tenant must treat the actions and declarations of the organiser and the latter's commissioned persons as its own.

4.3 Free or paid transfer, including subletting, of the rented premises in whole or in part to third parties requires the Operator's written consent. Consent is deemed granted if the third party is named in the contract. The Tenant does not require consent within the meaning of sentence 1 if it is an agency commissioned by a third party to rent an event location, as long as and to the extent that the third party is involved with the planned event within the framework of Clause 1.3 of these GETC.

4.4 No later than two weeks before the start of the rental period, the Tenant must name in writing a person responsible for managing the event, providing their contact details (e.g. telephone number), who will assume the role and tasks of Event Manager for the Tenant according to the Berlin Operating Ordinance (BetrVO Bln) in accordance with these GETC.

4.5 The Event Manager must participate in a joint inspection of the venue and become familiar with the event rooms, including the escape and rescue routes. At the Operator's request, the Event Manager must attend a briefing on the safety regulations to be observed before the event. Furthermore, the Event Manager must be present at any safety meetings deemed necessary by the fire brigade and/or police and/or the Operator.

4.6 The Event Manager is responsible for ensuring the orderly and safe running of the event. The Event Manager is required to be present during the event's operation, must be reachable at all times and must make necessary decisions in consultation with the Operator's designated contact person, the authorities, the public order and security service and other external helpers (fire brigade, police, building authority, public order office, emergency services). Evacuation instructions are generally given by the Operator in consultation with the Tenant. The Event Manager is supported by a contact person designated by the Operator.

4.7 The Tenant named in the contract is regarded by the Operator as the entrepreneur within the meaning of the accident prevention regulation BGV A (professional association regulations).

4.8 The duties incumbent upon the Tenant or organiser are further specified by a written delegation of duties from the Operator to the Tenant or organiser. Failure to fulfil the delegation of duties may result in restrictions or cancellation of the event.

5. Purpose and procedure of the event

5.1 The specific purpose of the event must be communicated to the Operator no later than the conclusion of the contract.

5.2 The Tenant must coordinate the entire procedure with the Operator and announce the programme no later than two weeks before the event unless otherwise agreed in the contract. Planned changes must 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 approved is solely at the Operator's discretion.

5.4 All escape routes and doors, fire alarms, hydrants, smoke vents, 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 facilities at all times.

5.5 The Tenant is not permitted to hold events in the rented rooms where racist, right-wing extremist, anti-democratic, anti-Semitic or similar ideologies are spread or depicted. By signing the offer, the Tenant provides assurance that the event will not contain any of the aforementioned content.

6. Subject matter of the contract

6.1 The subject matter of the contract includes the rooms, spaces, facilities and equipment of the overall premises as specified in the Event Contract (hereinafter "Rented Premises"). The specific Rented Premises are set out in the Event Contract and, where applicable, attached plans of rental spaces.

6.2 The Operator also provides further services and tangible assets related to the rental of the spaces, which are regulated in the Event Contract and, where applicable, the attached rental and usage tariffs. The Operator is entitled to engage third parties as subcontractors for the provision of these services (delegation authority).

6.3 The Rented Premises may only be used for the purpose agreed upon in the Event Contract. Changes to the purpose of use require prior written consent from the Operator. The Tenant 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 shall be determined by Clause 1.3 in conjunction with Clause 5.1 of these GETC.

6.4 The temporal availability of both the Rented Premises and the Operator's services and tangible assets is limited to the time period specified in the Event Contract.

6.5 The Rented Premises are rented as-is unless otherwise specified.

6.6 Before or at the handover of the Rented Premises, the Tenant or the designated Event Manager may jointly inspect the Rented Premises, including technical facilities, emergency exits and rescue routes, to assess their suitability for the event. If the Tenant fails to carry out this inspection, the Operator accepts no liability for the suitability of the Rented Premises or technical facilities for the intended use.

6.7 If the Tenant or the designated Event Manager identifies defects or damage to the Rented Premises, including the provided facilities and equipment, before or at handover, these must be documented in writing and photos and reported to the Operator immediately. Otherwise, both parties will assume that there are no visible defects at the time of handover. The Operator may, in individual cases, require a handover report.

6.8 The Operator is entitled to access the rented spaces/areas at any time during the set-up and dismantling phases and during the event, including with third parties.

7. Changes in services and costs

7.1 The Operator is entitled to make changes to the agreed services if significant reasons arise after the conclusion of the contract that make the change essential. Changes that substantially affect the overall nature of the services or make them unreasonable for the Tenant in consideration of mutual interests, or that disadvantage the Tenant in breach of good faith, are not permitted. Warranty claims remain unaffected if the altered services are defective.

7.2 The Operator is entitled to adjust the agreed costs after the conclusion of the contract, taking into account the Tenant's interests, if such an adjustment becomes absolutely necessary due to
a) changes in the scope or description of services by the Tenant,
b) changes in fees and taxes relevant to and included in the agreed scope of services,
c) changes in transport costs (e.g. fuel costs),
d) changes in exchange rates,
e) significant cost increases of service providers (caused by increased costs from subcontractors, higher inflation rates or manufacturing costs) and if these circumstances had not occurred before the conclusion of the contract and were unforeseeable for the Operator. The cost increase declaration is only valid if it is made in text form and states the relevant cost items, the reference points decisive for the calculation of the cost increase, the distribution criteria to be applied for the individual cost items and the associated calculation method. Additional costs for services shall be borne according to the difference between the agreed calculation and the actual increased purchase price of the individual service. These additional costs must be demonstrated by the Operator. Sufficient proof is provided by the German Consumer Price Index (CPI) from the Federal Statistical Office for the month/year of the contract compared with the month/year of the event, if this has risen by more than 10%. Price adjustments shall then be based on the German CPI for the month/year of the event.

7.3 The contracting parties must inform each other of any changes under paragraphs 1 and 2 without delay.

7.4 In the event of a significant change in essential services, including costs, the Tenant may withdraw from the contract. The withdrawal rights specified in Clauses 18.4 and 18.5 apply, following prior notice in text form with an appropriate deadline. In the case of changes under paragraph 1, the Tenant may request an equivalent service if the Operator is able to offer such a service at a reasonable additional cost. In accordance with paragraphs 1 and 2 above and after receiving the declaration of service and cost changes, the Tenant always has the right to assert this claim for equivalent service against the Operator without delay.

7.5 Alternatively, in the case of changes under paragraph 1, instead of withdrawing in accordance with paragraph 4 sentence 1, the Tenant may demand a reduced service in terms of scope or quality from the Operator, without any price increase, in accordance with the originally agreed calculation.

7.6 The Operator will conduct comprehensive service and cost reviews at appropriate intervals. All costs mentioned in the contract are based on the price structure in the year of the offer and are subject to the applicable VAT at the time of the event. Price changes by service providers remain expressly reserved under paragraph 2.

8. Changes to the Rented Premises

8.1 The Tenant is not permitted to make any changes to the Rented Premises without the Operator's specific approval and without obtaining any necessary official permits that may be required.

8.2 Approved changes, installations and decorations made by the Tenant, as well as the costs of restoring the original condition, are at the Tenant's expense.

8.3 After the rental period has ended, items brought in by the Tenant may be removed at the Tenant's expense and/or stored at the Tenant's expense. The Operator is not liable for loss or damage during the storage of these items unless the Operator has committed a wilful or grossly negligent breach of duty.

8.4 Damage to walls, floors and rented materials is subject to compensation. In the case of excessive soiling, the Operator will charge the Tenant a cleaning surcharge based on the effort required to restore the original condition.

9. Rental period / usage times / return

9.1 The Rented Premises are rented exclusively for the time agreed upon in the Event Contract. Tacit extension of the rental period is expressly excluded. The Tenant must account for the necessary preparation times for set-up, decoration, dismantling, etc.

9.2 At the end of the last hour of the rental period, the Tenant must return the Rented Premises in a vacated and broom-swept condition. No separate request from the Operator to vacate the premises is required.

9.3 If the Tenant or its designated Event Manager identifies any damage to the Rented Premises, including the provided facilities and equipment, during the rental period or upon return, this must be documented in writing and with photographic evidence and promptly reported to the Operator. The Operator may, in individual cases, require a return report.

9.4 If the Rented Premises are not returned on time, the Tenant is liable to the Operator for all damages resulting from the delayed return. In any case, the Tenant must pay usage compensation equivalent to the rent as minimum damages. The Operator reserves the right to prove higher damages.

10. Rent and additional costs

10.1 The specific remuneration is regulated by individual contract.

10.2 A deposit of 50% of the total rental price is due upon signing the offer and must be paid within 7 days. The remaining 50% is due no later than 7 days before the event. The same applies to any additional services agreed upon alongside the rent. The prices quoted in the offer include VAT.

10.3 The Operator is entitled to demand a reasonable security deposit for all claims related to the Event Contract, alongside the rent. If the security deposit is paid in cash, the Operator is not obligated to invest it with interest.

10.4 Discounts are generally not granted. Payments must be made without deductions.

10.5 If the number of participants for the event decreases by more than 20% compared to the expected number after acceptance of the offer, the Operator grants a discount of up to 10%. No further discounts will be granted. If the expected number of participants increases, the Operator must be notified no later than seven days before the event; otherwise, no adjustments to event services can be made.

10.6 If the number of participants increases on the day of the event, the costs for food, beverages and personnel will be calculated in proportion to the estimated costs in the contract, plus an additional 25%. Admission of the extra participants is subject to organisational feasibility.

10.7 In the event of any payment default by the Tenant, default interest will be charged at the statutory rate. The Operator reserves the right to prove higher damages due to the default.

11. Fees / charges / permits

11.1 The Tenant is solely responsible for fulfilling additional legal reporting requirements, obtaining the necessary permits and implementing all official orders, conditions and requirements that have not already been fulfilled by the Operator. The relevant official permits and authorisations must be submitted to the Operator by the Tenant no later than two weeks before the event.

11.2 The Tenant must comply with the regulations applicable at the time of the event, particularly those of the Berlin Operating Ordinance (BetrVO), the Building Code, the Immission Control Law, the Occupational Safety and Working Hours Act, the Trade Regulation Act, the Youth Protection Act and the accident prevention regulations of the professional associations.

11.3 The Tenant bears the costs of fees and taxes arising from the event. VAT on all event income must be paid by the Tenant. The Tenant is also solely responsible for paying artists' social security contributions to the Artists' Social Security Fund and any income and sales tax for foreign artists with limited tax liability.

11.4 The Operator has a contract with GEMA for PLAYING BACKGROUND MUSIC. Any further planned music use must be registered with GEMA in advance. The registration of GEMA-liable works and the timely payment of GEMA fees are the sole responsibility of the Tenant.
a) The Operator may require the Tenant to provide written proof of registration of the event with GEMA and the payment of GEMA fees in good time before the event. If the Tenant cannot or will not provide this proof, the Operator may demand a security deposit from the Tenant in the amount of the expected GEMA fees.
b) The Tenant irrevocably acknowledges its sole responsibility for all Tenant obligations. The Tenant irrevocably indemnifies the Operator against all claims and third-party claims concerning GEMA fees. This also applies to any legal costs incurred in this context.
c) If the Tenant fails to meet its obligations to provide proof or to pay the security deposit on time, the Operator is entitled to withdraw from the contract and claim damages after setting a deadline and issuing a warning of refusal.

12. Audio, film and photo recordings

12.1 Audio, film and photo recordings, as well as other recordings and transmissions of the event, of any kind, require the Operator's written consent, subject to the approval of the copyright and performance rights holders involved as well as any affected owners. As a rule, a reasonable additional fee is to be paid to the Operator for granting this consent. If the Tenant culpably violates sentence 1, the Operator is entitled to a contractual penalty of €3,000 for each violation. The Tenant may provide evidence of lesser damages. The Operator's further claims for damages remain unaffected.

12.2 The Operator has the right to take photo and film recordings, or have them taken, depicting the Tenant or event participants as incidental elements or subjects (e.g. stage setups) before, during and after the event for the purpose of documentation or for self-publication for reference purposes, provided the Tenant does not object in writing to the Operator at least two weeks before the start of the rental period. The Operator is not obliged to provide any remuneration in this regard.

12.3 In the case of photo and film recordings under Clause 12.2, the Tenant guarantees that any necessary consents and permissions from the affected persons have been obtained. Furthermore, Clause 16.5 of these GETC applies.

13. Catering

13.1 All catering for events of any kind on the Operator's site or premises is exclusively the responsibility of the Operator or the service providers it employs.

13.2 The Tenant is not entitled to any revenue share from the service provider or the Operator.

Admission and security personnel

14.1 Technical equipment must be inspected by the Tenant upon handover for its proper condition. If the Tenant identifies any damage to the technical equipment before, during or after use, this must be documented in writing and with photographic evidence and promptly reported to the Operator. The Operator may, in individual cases, require a handover or return report. Proper use during the rental period is the responsibility of the Tenant.

14.2 Technical equipment and facilities may only be operated by the Operator or employees authorised by it, unless otherwise permitted. This also applies to work on technical systems and supply networks at the rented property and spaces, particularly the lighting and power networks.

14.3 If the Tenant brings its own technical equipment or facilities into the rented rooms and spaces, these must meet the infrastructural and specific requirements of the event location and require the prior written consent of the Operator. The Tenant is responsible for ensuring the technical safety of the equipment and must provide written proof of this upon the Operator's request. The Operator may supervise and inspect the connection and operation of such equipment at the Tenant's expense, either directly or through authorised personnel.

15. Entrance and security personnel

15.1 The Operator provides entrance and security personnel based on the specific requirements of the event and venue. The costs incurred under Clause 1 must be borne by the Tenant.

15.2 The Tenant may only use its own or commissioned personnel with the Operator's written consent. The costs for this must be borne by the Tenant.

16. Tenant's liability

16.1 The Tenant is liable for ensuring the smooth running of the event, including preparation and post-event activities.

16.2 The Tenant is liable for all damage incurred by the Operator in connection with the event, to the extent that this is caused by the Tenant, its employees or other agents. If the rented property is damaged and this hinders further rental, the Tenant is liable for the resulting loss of rental income and any claims for compensation from subsequent tenants. The Tenant must demonstrate that it is not responsible for the breach of duty.

16.3 If persons other than those mentioned in Clause 16.2, particularly the Tenant's event visitors, cause damage to the Operator, the Tenant is liable for compensation if the Tenant is found to be at fault.

16.4 The Tenant indemnifies the Operator against all claims for damages from third parties made against the Operator in connection with the event, to the extent that they are caused by the Tenant or their employees or other agents. This indemnification obligation also extends accordingly to any potential official fines and administrative penalties imposed on the Operator in connection with the event.

16.5 The indemnification obligation under Clause 16.4 also covers all claims made by third parties against the Operator due to infringements of copyright and image rights arising from the production and use of photographic and film material by the Operator for reference purposes.

16.6 The Tenant is obliged, unless otherwise specified in the contract, to take out event liability insurance with coverage of
• at least €3 million (three million euros) for event-related personal and property damage,
• €3 million (three million euros) for rented property damage to buildings and premises,
• €250,000 (two hundred fifty thousand euros) for extended rented property damage to moveable fixtures,
• €100,000 (one hundred thousand euros) for financial losses and
• €500,000 (five hundred thousand euros) for consequential property and personal damage.
This insurance must be maintained at the Tenant's expense for the duration of the rental period and must also cover damage caused by visitors. Proof the insurance has been taken out must be provided to the Operator no later than two weeks before the start of the event, unless otherwise agreed in the Event Contract. The obligation to take out insurance is a fundamental contractual obligation and failure to do so entitles the Operator to withdraw from the contract.

17. Operator's liability

17.1 If defects in the rented property arise, the Operator will rectify them immediately upon becoming aware of them. If this is not possible, the Tenant is entitled to a corresponding reduction. The statutory provisions on reduction apply.

17.2 Further claims for damages against the Operator, irrespective of whether they are based on liability for defects under tenancy law, tort or any other legal ground, may only be asserted against the Operator if it has acted wilfully 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 were present when the contract was concluded – is expressly excluded. The Operator's liability due to adverse weather conditions is expressly excluded.

17.4 If a misjudgement of risks leads to the restriction, cancellation or termination of the event by order of the authorities or the Operator, the Operator is not liable for cases of simple negligence.

17.5 The Operator is not liable for items brought in by the Tenant, its employees, suppliers, exhibitors or visitors unless there is a culpable breach of duty attributable to the Operator, except in cases of wilful misconduct or gross negligence.

17.6 The exclusions and limitations of liability in these GETC also apply to the Operator's agents and vicarious agents.

18. Force majeure, cancellation / postponement, terminations

18.1 According to the highest court rulings, force majeure refers to an external event that has no connection to the operation and cannot be prevented even with the utmost, reasonably expected care (Federal Court of Justice, Judgement of 16 May 2017, Case X ZR 142/15).
In the event of force majeure, both contracting parties are released from their obligations. Each party bears its own costs incurred up to the point of cancellation due to force majeure.

18.2 The failure of individual performers, the delayed arrival of one or more participants, demonstrations, security consequences from finding suspicious objects, bad weather including ice, snow and storms, as well as known pandemics, do not fall under the concept of "force majeure". These events fall within the Tenant's risk domain. The Tenant is therefore recommended to take out event cancellation insurance to cover these risks accordingly. In particular, this clause does not apply in connection with the COVID-19 pandemic. A force majeure clause can only take effect for events that were unforeseeable and unknown to the contracting parties at the time the contract was concluded.
The clause also does not apply in connection with war situations outside the Federal Republic of Germany. In such cases, the special provisions according to Clause 26 apply.

18.3 The Operator is not liable for unforeseen events that make it impossible to hold the event as planned and are not the fault of the Operator. If the event must be cancelled due to force majeure or by official order, and the Operator is not directly addressed in the official directive, the Tenant has the right to adjust the contract with the Operator.

18.4 If the Tenant does not hold the event for reasons other than those mentioned in Clause 18.1, which are not the fault of the Operator, or if the Tenant wishes to postpone the event, it must notify the Operator immediately in writing and declare its withdrawal from the contract in writing. In this case, the Tenant is obliged to compensate the Operator for the damage incurred, minus saved expenses. If the Operator shares responsibility for the cancellation or postponement according to sentence 1, the compensation amount for the Operator will be reduced in accordance with both parties' levels of responsibility.

18.5 The Operator's claim for compensation under Clause 18.4 is staggered over time, i.e. it is calculated as a percentage of the agreed price, taking into account the proximity of the cancellation to the agreed start of the service and considering the Operator's usual saved expenses and possible alternative use of the services. The following cancellation fees, based on the time of cancellation, apply to all agreed charges:
• 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%
• thereafter: 85%

18.6 The Operator reserves the right to demand higher specific compensation instead of the cancellation fees in Clause 18.5 if it can prove that it incurred significantly higher costs than the applicable fee. In this case, the Operator is obliged to specify and substantiate the required compensation, taking into account saved expenses and potential alternative use of the services.

18.7 In the event of partial cancellations, the parties will renegotiate the new price in writing, considering their mutual interests and possibilities. If no agreement is reached, the cancellation will be treated as a full cancellation and the cancellation fees in Clause 18.5 will apply.

18.8 The Tenant is free to prove that the cancellation did not cause damage or caused significantly lower damage than the fees specified in Clause 18.5.

19. Withdrawal by the Operator

19.1 The Operator is entitled to withdraw from the contract after a set deadline passes without success if there is a breach of essential contractual obligations, particularly if:
a) the payments due from the Tenant are not made on time,
b) the Tenant fails to provide timely proof of event liability insurance,
c) the event poses a risk to public safety and order or damages the reputation of the rented property or the City of Berlin, or this is reasonably feared based on facts,
d) the necessary official permits or authorisations for the event are not provided,
e) the purpose of use specified in the Event Contract is significantly changed,
f) the Tenant concealed, at the time of contract conclusion, particularly when specifying the purpose of use, that the event is being organised by or for a political party or a religious or "pseudo-religious" group,
g) the Tenant violates legal provisions, particularly regulations regarding event venues, or fails to comply with official orders,
h) the Tenant fails to meet its legal, official or contractual obligations towards the Operator, authorities, fire brigade or emergency services, or towards GEMA, insofar as they are related to the event,
i) insolvency proceedings have been opened against the Tenant's assets or have been rejected due to insufficient assets.

19.2 If the Operator exercises its right of withdrawal for any of the reasons stated in Clause 19.1 (a) to (i), it retains the right to payment of the agreed fees, provided that the Tenant is responsible for the reasons. However, the Operator must account for any saved expenses.

19.3 A deadline according to Clause 19.1 is unnecessary if it is clear that the breach of contract cannot be remedied within the set time frame.

20. Termination of the event / vacation of the premises

20.1 Any violations of essential contractual obligations, house rules, applicable safety regulations attached to the contract, or event-related legal provisions or official orders must be immediately stopped by the Tenant.

20.2 The Operator is entitled to take substitute action at the Tenant's expense if the Tenant fails to fulfil its obligations under Clause 20.1 immediately. If substitute action is not possible or reasonable, or if the Tenant refuses to cover the costs, the Operator may demand that the Tenant vacate and return the event rooms.

20.3 If the Tenant does not comply with a corresponding request following a violation of essential contractual obligations or safety regulations or in the event of specific danger situations, the Operator is entitled to terminate the event and have the premises vacated at the Tenant's expense and risk. The Tenant remains obliged to pay the full fees.

21. House rules / house regulations

21.1 The Tenant and its Event Manager have the right to exercise house rules within the provided premises to the extent necessary for the safe conduct of the event, alongside the Operator. The Tenant and its Event Manager are responsible for ensuring the orderly and safe execution of the event within the provided event rooms. They are obliged to enforce the house rules towards visitors and must take necessary measures to prevent further violations if any occur. If a security service has been appointed for the event, it will assist them upon request.

21.2 The Operator and persons authorised by the Operator also retain unrestricted house rights over the Tenant, its visitors and third parties throughout the duration of the contractual relationship.

21.3 Furthermore, the house rules apply as an annex to the contract. The Tenant must ensure that the house rules become part of the visitor agreement and are visibly posted at the entrance to the rented space.

22. Noise levels for music performances

22.1 The Operator's sound systems are calibrated and approved by the authorities. The volume cannot be adjusted. For this reason, live band performances are only permitted in exceptional cases and upon personal request to the Operator.

22.2 The Tenant must adhere to the requirements of the TA-Lärm (Technical Instructions on Noise Abatement). The Operator reserves the right to close the rooftop terrace after 10:00 p.m. in the event of complaints from neighbours.

23. Rights of set-off and retention

23.1 The Tenant may only assert rights of set-off or retention against the Operator if its counterclaims are legally established, undisputed or acknowledged by the Operator.

24. Self-promotion

24.1 The Operator reserves the right to advertise itself at events in an appropriate manner and to a reasonable extent (e.g. through flyers).

25. Invitations and reference use

25.1 If the Tenant wishes to use the name/designation, company, logo and/or trademark of the Operator on invitation cards, online announcements or similar event communications, this is only permitted with prior written consent.

25.2 The Tenant may use the name/designation, company, logo and/or trademark of the Operator and/or the event, as well as photo and/or film material from the event, for reference purposes in online, print or other media, provided it has prior written consent. In the case of online use, a link to the Operator is mandatory.

26 Cancellation due to armed conflicts abroad

26.1 Armed conflicts outside the Federal Republic of Germany do not affect the rental agreement between the parties, as mutual performance is not impaired by such conflicts.

26.2 A cancellation due to a war situation abroad is governed by Clauses 18.4 and 18.5 of these GETC.

26.3 If armed conflicts outside the Federal Republic of Germany result in a reduction in the number of participants, for example due to travel restrictions, this does not give the Tenant the right to withdraw from the contract without charge. The reduction in participant numbers falls solely under the Tenant's risk area. Even in the event of an armed conflict outside the Federal Republic of Germany, the provisions of Clause 10.4 of these GETC apply.

26.4 The situation is different in the case of armed conflicts within the territory of the Federal Republic of Germany. These constitute a case of force majeure as per Clause 18.1 of these GETC.

27. Data protection

27.1 Personal data is collected, processed and used to fulfil the business purposes agreed upon in the contract. This is done in compliance with the relevant legal provisions. The personal data provided by the Tenant will be collected, stored and processed by the Operator exclusively for the purposes arising from the contract or these GETC, in accordance with the relevant legal provisions of the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the General Data Protection Regulation (GDPR).

27.2 Personal data will not be transferred to third parties. This does not apply to its transfer to third parties involved in the execution of the contract as part of the contract processing. Data transfer to third parties involved in the execution of the contract will also be carried out in accordance with the legal provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG), as well as the General Data Protection Regulation (GDPR). The scope of the transfer is limited to the necessary minimum required for the contract's execution. The data protection declaration attached forms part of the contract.

27.3 The Tenant has the right at any time to amend or delete the data stored about it. However, this right does not apply if legal or contractual retention periods prevent deletion. Furthermore, it does not apply if the data is required to establish, perform or terminate the contractual relationship between the Tenant and the Operator and the data must be stored for these purposes. The data protection declaration can be found at https://alice-rooftop.de/de/Datenhinweiserklaerung/

28. Data security

28.1. The Operator uses technical and organisational security measures in accordance with Article 32 of the GDPR to protect personal data collected or processed, particularly against accidental or intentional manipulation, loss, destruction or unauthorised access. The Operator's security measures are guided by technological capabilities and are continuously improved in line with technological developments.

29. Principles of loyal cooperation, confidentiality and non-disclosure

29.1 To fulfil the contract, the contracting parties will cooperate loyally and promptly inform each other of any significant changes.

29.2 The parties will resolve disputes fairly with the aim of reaching a mutually agreeable solution.

29.3 The contracting parties agree:
a) to treat all confidential information, business relationships and other commercial or operational facts exchanged between them during the course of this contract – whether communicated orally or in writing, and whether marked as confidential or to be considered confidential based on the circumstances of the transmission – with strict confidentiality and
b) not to use or disclose such information to third parties, except for the purpose of fulfilling the contract, even after the contract has been fully executed or terminated. The Operator may only disclose the information to its own management, employees and consultants, provided that they are also bound by confidentiality under these regulations and are involved in matters related to this contract. The Operator will take all reasonable measures to prevent the unauthorised use of confidential information and personal data and will promptly inform the Tenant of any suspected unauthorised use or disclosure.

29.4 The confidentiality obligations under paragraph 3 above do not apply if:
a) the disclosing contracting party has given prior written consent to the receiving contracting party for the specific individual case of disclosure of confidential information to a third party,
b) the receiving contracting party obtained the confidential information from a third party before the conclusion of this contract or subsequently obtained it from a third party without violating this contract, provided that the third party lawfully came into possession of the information and has not breached a confidentiality obligation binding it by disclosing the information,
c) the receiving contracting party is entitled under Sections 3 or 5 of the Trade Secrets Act (GeschGehG) to obtain, use or disclose confidential information qualifying as a trade secret under Section 2(1) of the Trade Secrets Act, or
d) the receiving contracting party is required to disclose the confidential information by order of a competent court or authority, or by law or under the rules of a stock exchange, provided that the receiving contracting party takes all reasonable steps to prevent or limit the disclosure of the confidential information to the greatest extent possible.
The receiving contracting party bears the burden of proving the existence of an exception to the confidentiality obligation.

30. Termination of the contractual relationship for good cause

30.1 Notwithstanding the preceding provisions on event cancellation and withdrawal, either party may terminate the cooperation based on the contract for good cause. The statutory right to terminate the contract at any time without giving reasons is expressly excluded.

30.2 Good cause is particularly present if one of the contracting parties grossly breaches the agreed terms or fails to provide the agreed services, despite a written warning, and this results in significant disruptions to the preparation and execution of the event. A reasonable deadline must be set in the warning.

30.3 Termination must be in text form.

31. Place of performance / jurisdiction / invalid clauses

31.1 The contractual relationship is governed by the law of the Federal Republic of Germany. The place of performance for all claims arising from the contract is Berlin. If no other mandatory jurisdiction is established by law, Berlin is agreed as the place of jurisdiction.

31.2 Amendments or additions to the contract / the General Terms and Conditions or any annexes must be in text form to be effective. This also applies to the waiver of the text form requirement.

31.3 Should individual clauses of these GETC be invalid or become invalid, they shall be replaced by the statutory provisions from which they deviate.