General Terms and Conditions for Events
These Terms and Conditions regulate the contractual relationship of Alice Roof Top GmbH
to the Lessees at external events in the event location ALICE Rooftop
1. Contractual basis
1.1 Alice Roof Top GmbH operates the event location “ALICE Rooftop” (hereinafter referred to as “ALICE Rooftop”). The event location is used for holding social, commercial and scientific events such as conferences, meetings, galas, product presentations, Christmas parties and summer parties and other events. In addition to renting the rooms, the customer has the opportunity to take advantage of other services offered by Alice Roof Top GmbH. The services to be booked in detail will be specified in individual contracts.
1.2 Alice Roof Top GmbH is the operator (hereinafter “Operator”) of the event venue and provides additional services depending on the individual contract. The rights of the Operator are exercised by the Operator’s manager and/or the (divisional) employees of the Operator who are authorized for the relevant event.
1.3 Rental is exclusively for events that fall under the purpose of use stated in section 1.1. The staging of events that contradict the image of Alice Roof Top GmbH is excluded.
1.4 The Operator does not influence the market by renting. It does not guarantee local, regional, supra-local or temporal territorial protection for events of the same or similar genres.
2. Scope of application
2.1 These General Terms and Conditions of Events (hereinafter referred to as “GTCE”) shall apply to all contracts relating to the holding of events, in particular the provision of event space and rooms, the provision of services and work accompanying the event, and the provision of mobile equipment, technology and setups.
2.2 The GTCE apply to companies, merchants, persons acting in a commercial capacity, legal entities of public law and special funds under public law (companies). They also apply to these entities for all future contractual relationships.
2.3 Additional or contradictory contractual conditions of the contractual partner (hereinafter referred to as ” Lessee”) shall only apply if the Operator has expressly accepted them in writing.
2.4 If different agreements are made with the Lessee in the contract or in an annex to the contract, these agreements shall always take precedence over the corresponding provision within these contractual terms and conditions.
3. Conclusion of contract
3.1 The rental relationship is based on a contract between the Lessee and the Operator with elements of a service and work contract (hereinafter “Event Contract”). Essential elements are these GTCE, the currently valid rental and usage fees, the mandatory notices regarding the event, the transfer of duties, the relevant house rules and other designated annexes to the contract.
3.2 The Event Contract is concluded when the Lessee returns the signed offer made by the Operator at his request within the period specified in the offer. After expiry of this period, the Operator is entitled, but no longer obliged, to conclude the contract with the contractual partner. The offer is valid for one week from the date of issue and expires thereafter.
3.3 All contracts and supplements to the contract with the Operator require electronic form (e-mail) to be effective.
3.4 The option (reservation) of an event location for specific dates does not entitle the Lessee to the later conclusion of an event contract, unless the Operator has expressly committed himself to this in the confirmation of the reservation. Lessee and Operator are, however, obliged to inform the other party immediately of any planned alternative use or waiver of the pre-noted date.
4. Lessee, organizer, event manager
4.1 The Lessee is in principle the sole organizer, unless otherwise stipulated in the Event Contract.
4.2 If the Lessee is not at the same time the organizer, he is obliged to inform the organizer of all contractual obligations, including these GTCE and the annexes. The Lessee shall remain responsible to the Operator for the fulfilment of all obligations incumbent on the organizer under this contract. In such a case the organizer acts as the Lessee’s vicarious agent. Actions and declarations of the organizer and the persons commissioned by him shall be valid for and against him as if they were his own.
4.3 In the case of subletting or allowing third parties to use the rental object in whole or in part for free or at a charge, the written consent of the Operator is required. The consent is deemed to have been given if the third party is named in the contract. The Lessee does not require consent within the meaning of sentence 1 if the Lessee is an agency that has been commissioned by a third party to rent an event venue, as long as and to the extent that the third party is involved in the planned event within the scope of 1.3 of these GTCE.
4.4 No later than 2 weeks before the start of the rental period, the organizer shall provide the Operator with the name and contact details (e.g. telephone number) of a person commissioned to manage the event in writing and without being asked to do so.
4.5 The event organizer shall take part in a joint inspection of the venue and familiarize himself with the event rooms including the escape and rescue routes. At the Operator’s request, the event organizer shall take part in a coordination/instruction on the safety regulations to be observed prior to the event. The event organizer is also obliged to be present at possible safety discussions, if deemed necessary by the fire brigade and/or police and/or the Operator.
4.6 The event organizer shall ensure that the event runs in an orderly and safe manner. He is obliged to be present during the event, shall be reachable at all times and shall make any necessary decisions in coordination with the contact person appointed by the Operator, the authorities, the public order and security service and other external auxiliary staff (fire brigade, police, building authority, office for public order, medical service). Instructions for evacuation are always issued by the Operator in consultation with the Lessee. The event organizer is supported by a contact person appointed by the Operator.
4.7 The Lessee named in the contract is considered by the Operator to be the entrepreneur in the sense of the accident prevention regulation GTCE A.
4.8 The obligations incumbent on the Lessee or organizer are additionally specified by a written transfer of obligations from the Operator to the Lessee or organizer. Failure to comply with the transfer of obligations may result in the restriction or cancellation of the event.
5. Purpose and course of the event
5.1 The concrete purpose of use of the event will be communicated to the Operator upon conclusion of the contract at the latest.
5.2 The Lessee is basically obliged to discuss the entire schedule with the Operator at least 2 weeks before the event and announce the program, unless otherwise contractually agreed. The Operator shall be informed immediately of any intended changes.
5.3 The decision whether and to what extent an event is suitable and permitted for the Operator is made solely by the Operator.
5.4 All escape routes and doors, fire alarms, hydrants, smoke flaps, electrical distribution and control panels, telephone distribution boards, heating and ventilation systems must remain freely accessible and unobstructed in accordance with the legal requirements. Representatives of the Operator and the supervisory authority must be granted access to the above-mentioned systems at all times.
5.5 The Lessee 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 Lessee assures that the event will not have any of the above-mentioned contents.
6. Subject of the contract
6.1 The subject of the contract are the rooms, areas, facilities and equipment of the entire object as described in the Event Contract (hereinafter referred to as “Rental Object”). The specific Rental Object results from the Event Contract and, if applicable, from the attached rental space plans.
6.2 In addition, the Operator provides further objects and services in connection with the rental of the Rental Object, which are regulated in the Event Contract and, if applicable, the attached rental and usage fees. The Operator may subcontract the services and objects associated with the rental of the Rental Object to third parties in its own name (authority to delegate).
6.3 The Rental Object 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 governed by 1.3 in conjunction with 5.1 of these GTCE.
6.4 The temporal provision of both the Rental Object and the Operator’s objects and services connected with the rental of the Rental Object shall be made exclusively within the period of time specified in the Event Contract.
6.5 As a matter of principle, the Rental Object is rented out in the condition in which it is currently to be seen.
6.6 Before or when the Rental Object is handed over to the Lessee, the Rental Object including the technical equipment, emergency exits and escape routes may be inspected together with the Lessee or the event organizer appointed by the Lessee and checked for suitability for the event. The Operator shall not be liable for the suitability of the Rental Object, the technical equipment and other items provided for the use intended by the Lessee if the Lessee fails to carry out this inspection.
6.7 If the Lessee or the event organizer appointed by him determines defects or damage to the Rental Object, including the facilities and equipment provided, prior to or during the provision of the Rental Object, these must be recorded in writing and photographically with documentary photos and the Operator shall be informed immediately. Otherwise, both contracting parties shall assume that there are no recognizable defects at the time of handover. In individual cases, the Operator may demand a handover protocol.
6.8 During the set-up and dismantling and during an event, the Operator is entitled to enter the provided premises/areas at any time, also together with third parties.
7. Changes to the Rental Object
7.1 No changes may be made to the Rental Object by the Lessee without the Operator’s special consent and, if necessary, without any required official permits.
7.2 Approved changes, installations and decorations made by the Lessee as well as the costs for restoring the original condition shall be borne by the Lessee.
7.3 After expiry of the rental period, the objects brought in by the Lessee may be removed at the expense of the Lessee and / or stored at the expense of the Lessee. Any liability of the Operator for loss or damage during storage of the objects is excluded, unless the Operator is guilty of intentional or grossly negligent breach of duty
7.4 Damage to walls, floors and rented material is subject to compensation. In the event of above-average soiling, the Operator will charge the Lessee a surcharge based on the cost of restoring the original condition.
8. Rental period/ periods of use/ return
8.1 The Rental Object is rented exclusively for the time agreed in the event contract. Tacit renewal is expressly excluded. Necessary preparation times for assembly, decoration and dismantling, etc. shall be taken into account accordingly by the Lessee.
8.2 At the end of the last hour of the rental period, the Rental Object is to be returned by the Lessee in a swept and clean condition. A separate request to leave the rooms by the Operator is not required.
8.3 If the Lessee or the event organizer appointed by him/her determines damage to the Rental Object, including the facilities and equipment provided, during the rental period or upon return, such damage shall be recorded in writing and photographically with documentary photos and the Operator shall be notified immediately. In individual cases, the Operator may demand a return protocol.
8.4 If the Rental Object is not returned on time, the Lessee shall be liable to the Operator for all damages caused by the late return of the Rental Object. In any case, the Lessee shall pay compensation for use corresponding to the rent as minimum damage. The Operator reserves the right to prove higher damages.
9. Rental and ancillary costs
9.1 A deposit of 50% of the total rental price is due upon signing the offer and is payable within 7 days. The remaining 50 % is payable at the latest 7 days before the event. The same applies to any services and goods agreed upon in addition to the rent. The prices stated in the offer include the statutory value added tax.
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 shall be made without deduction.
9.4 If the number of participants at the event is reduced by more than 20% after acceptance of the offer, the Operator shall grant a discount of up to 10%. No further discounts are granted. If the anticipated number of participants increases, the Operator shall be notified up to seven days before the event, otherwise no adjustments can be made to the event services.
9.5 If the number of participants in the event increases on the day of the event, the costs for food, drinks and personnel will be charged in proportion to the estimated costs from the contract and an additional 25%. Admission of the additional participants is subject to organizational possibilities.
9.6 In the event of any delay in payment to the Operator, default interest at the statutory rate shall be due. The Operator reserves the right to prove higher damages caused by default.
10. Fees/ charges/ authorizations
10.1 The Lessee is solely responsible 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 authorizations must be submitted to the Operator by the Lessee at least two weeks before the event.
10.2 The Lessee shall comply with the relevant regulations applicable at the time of the event, in particular those of the Versammlungsstättenverordnung (MVStättV – German Ordinance on Places of Assembly), the building regulations, the immission control law, the Occupational Safety and Health and Working Hours Act, the Trade Regulation Act, the Youth Protection Act and the accident prevention regulations of the employers’ liability insurance associations.
10.3 The Lessee shall bear the fees and taxes arising from the execution of the event. Value-added tax shall be paid by the Lessee for all income from the event. For all artists commissioned by the Lessee, the payment of any social security contributions due to the artists’ social security fund as well as the payment of income tax and VAT for (foreign) artists with limited tax liability shall also be the sole responsibility of the Lessee.
10.4 ALICE Rooftop has a contract with GEMA (German Association for the Protection of Rights Associated with Musical Performances and Dissemination of Music) for the REPRODUCTION OF BACKGROUND MUSIC. Further planned music use must be registered with GEMA in advance. This registration of GEMA- obligatory music with GEMA and the timely payment of GEMA fees are the sole obligations of the Lessee.
a) In sufficient time before the event, the Operator may demand from the Lessee or organizer written proof of registration of the event with GEMA as well as written proof of payment of the GEMA fees. If the Lessee is not in a position or not willing to provide such proof, the Operator may demand a security deposit from the Lessee in the amount of the anticipated GEMA fees.
b) The Lessee irrevocably acknowledges that he is solely responsible for all obligations of the organizer. The Lessee irrevocably indemnifies the Operator from all claims and demands of third parties with regard to the GEMA fees incurred. This shall also apply to any legal costs incurred in this respect.
c) If the Lessee does not fulfil his obligations to provide evidence or security or does not do so within the stipulated period, the Operator is entitled to withdraw from the contract and to claim damages after setting a deadline with the threat of refusal.
11. Radio, TV, Internet and loudspeaker broadcasting; sound, film and photographic recordings
11.1 Sound, film and photo recordings as well as other recordings and broadcasts of the event of any kind also require the written consent of the Operator. This is subject to the consent of the involved copyright holders and ancillary copyright holders as well as affected owners. As a rule, an additional reasonable, agreed-upon fee is to be paid to the Operator for the granting of the consent. If the Lessee culpably violates sentence 1, the Operator is entitled to a contractual penalty of 3,000 € for each violation of the law. The Lessee 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 or have taken photographs and film recordings of the performing artist as an accessory or of objects (such as stage sets) both before, during and after the event for the purpose of documentation or for own publications for reference purposes, unless the Lessee declares his objection to the Operator in writing within 2 weeks before the start of the rental period. This does not constitute an obligation of the Operator to pay remuneration.
12. Gastronomic services
12.1 The entire catering for events of all kinds either in the premises or on the site of the Operator falls exclusively under the responsibility of the Operator or the service providers employed by the Operator.
12.2 The Lessee is generally not entitled to a revenue share from the service provider or the Operator.
13. Use of technical equipment and facilities
13.1 Technical equipment must be checked by the Lessee for its proper condition upon handover. If the Lessee discovers any damage to the technical equipment before or during handover, during the period of use or upon return, such damage must be recorded in writing and photographically with documentary photos and the Operator shall be informed immediately. In individual cases, the Operator may demand a handover or return protocol. Proper handling during the period of use is the responsibility of the Lessee.
13.2 Technical equipment and facilities may only be operated by the Operator or by employees appointed by him, unless otherwise permitted. This also applies to work on technical equipment as well as on the supply networks of the rental objects and rental areas, in particular the light and power network.
13.3 If the Lessee 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 venue and require the prior written consent of the Operator. The Lessee is responsible for ensuring the technical safety of the equipment brought in and shall provide written proof of this at the Operator’s request. The Operator may supervise and control the connection and operation of this equipment himself or have it supervised and controlled by personnel appointed by him at the Lessee’s expense.
14. Admission and security personnel
14.1 The Operator shall appoint admission and security personnel on the basis of the event- and location-specific requirements. Any costs incurred in accordance with sentence 1 shall be borne by the Lessee.
14.2 The Lessee may only use his own personnel or personnel appointed by him with the written consent of the Operator. The costs shall be borne by the Lessee.
15. Liability of the Lessee
15.1 The Lessee shall be liable for the smooth operation of the event including its preparation and subsequent handling.
15.2 The Lessee shall be liable to the Operator for all damages incurred in connection with the event, insofar as these are the responsibility of the Lessee, his employees or other vicarious agents. If a Rental Object cannot be rented out again due to damage, the Lessee shall be liable for the loss of rental income and any recourse claims of subsequent Lessees. In case of dispute, the Lessee shall prove that he is not responsible for the breach of duty.
15.3 Insofar as persons other than those named in clause 15.2, in particular event attendees of the Lessee, cause damage to the Operator, the Lessee shall be liable for damages to the Operator if the Lessee is at fault.
15.4 The Lessee shall indemnify the Operator from all claims for damages by third parties that are asserted against the Operator by the third party in connection with the event, insofar as the Lessee or his employees or other vicarious agents are responsible for them. This indemnification obligation also extends accordingly to any official fines and administrative offences that may be imposed on the Operator in connection with the event.
15.5 The indemnification obligation according to section 15.4 also covers all claims that third parties assert against the Operator due to violation of copyrights and rights to one’s own image during production and use of photo and film material by the Operator within the scope of his reference use.
15.6 Unless otherwise provided for in the contract, the Lessee is obliged to take out event liability insurance for the event with cover for event-related
– personal injury and damage to property amounting to at least EUR 3 million (three million euros), – damage to rented property on the building and premises amounting to at least EUR 3 million (three million euros)
– extended damage to the movable equipment of at least 250,000 euros (two hundred and fifty thousand euros)
– financial losses amounting to at least 100,000 euros (one hundred thousand euros) and for
– material damage and personal injury at least 500,000 euros (five hundred thousand euros)
at its own expense and to maintain it during the rental period. The insurance must also cover damage caused by visitors. Proof of the conclusion of the insurance policies shall be submitted to the Operator at least two weeks before the start of the event without being requested to do so by presenting the respective insurance policy, unless otherwise agreed in the event contract. The obligation to take out insurance is an essential contractual obligation, the non-fulfilment of which entitles the Operator to withdraw from the contract.
16. Liability of the Operator
16.1 If there are any defects in the Rental Object, these will be remedied by the Operator immediately after they become known. If this is not successful, the Lessee is entitled to a corresponding reduction. The legal regulations for reduction apply.
16.2 Further claims for damages against the Operator – regardless of whether they are derived from liability for defects under rental law, from tort or any other legal reason – can only be asserted against the Operator if the Operator has acted with intent or gross negligence. This limitation of liability also applies to defects that already existed when this Event Contract was concluded. The strict liability of the Operator – for initial defects that were present at the time of the conclusion of the contract – is expressly excluded. Any liability of the Operator due to unfavourable weather conditions is expressly excluded.
16.3 However, the limitations of liability pursuant to Section 16.2 shall not apply if defects in the rented object or other facts relevant to liability have led to damage to life, body or health (personal injury) or if the Operator has violated essential contractual obligations (cardinal obligations). In this case, the Operator is also liable for slight negligence.
16.4 If, as a result of a misjudgment of risks, the event is restricted, cancelled or abandoned by order of the authorities or the Operator, the Operator is not liable for cases of simple negligence.
16.5 Except in cases of intent or gross negligence, the Operator accepts no liability for items brought in by the Lessee, his employees and suppliers, exhibitors or visitors in the event of a culpable breach of duty attributable to the Operator.
16.6 Insofar as liability is excluded or limited according to the provisions of these GTCE, this also applies to the Operator’s vicarious agents and assistants.
17. Force majeure, rescheduling / relocation, cancellations
17.1 According to the highest court jurisdiction, force majeure is a case of external event which does not have any operational connection, and which cannot be averted even by exercising the utmost care which can reasonably be expected (BGH, judgement of 16 May 2017X ZR 142/15).
17.2 The cancellation of individual artists or the late arrival of one or more participants, demonstrations, the safety consequences of finding suspicious objects, bad weather including ice, snow and storm as well as known pandemics are in no case covered by the term “force majeure”. These events are subject to the risk sphere of the Lessee/organizer. The Lessee/organizer is therefore recommended to take out a cancellation insurance for his event, which covers these risks accordingly.
17.3 The Operator shall not be liable for unforeseen events which make it impossible to hold the event as planned and for which the Operator is not responsible. If the event must be closed as a result of force majeure or by official order, and if the Operator is not the direct addressee of the official decree, the Lessee/organizer has a claim for contract adjustment against the Operator.
17.4 If the Lessee does not carry out the event for any other reason outside the scope of Section 17.1 and for which the Operator is not responsible or if the Lessee wishes to relocate the event, he shall notify the Operator immediately in writing and declare the corresponding withdrawal from the contract. In this case, the Lessee shall be liable to the Operator to replace the damage less saved expenditure. If the Operator is partly to blame for the cancellation or rescheduling of the event in accordance with sentence 1, the Operator shall receive a reduced compensation amount in accordance with the mutual responsibility.
17.5 The Operator has staggered the claim for compensation according to section 17.2 over time, i.e., taking into account the proximity of the time to the contractually agreed start of the service in a lump-sum percentage of the agreed price, and has taken into account any expenses usually saved and any other usually possible uses of the services when calculating the compensation. Compensation for loss of earnings is measured 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 %
– thereafter: 85 %
17.6 The Operator reserves the right to demand a higher concrete compensation instead of the cancellation lump sums according to Section 17.5, if he can prove that he has incurred significantly higher expenses than the applicable lump sum. In this case, the Operator is obliged to concretely quantify and substantiate the demanded compensation, taking into account the saved expenses and a possible alternative use of the services.
17.7 In the event of partial cancellations, the parties shall set the new price again in writing, taking into account the interests of both parties and the respective possibilities. If no agreement can be reached, the cancellation shall be considered a total cancellation, so that the cancellation fees are to be applied in accordance with Section 17.5.
17.8 The Lessee shall be at liberty to prove that the cancellation did not cause any damage or that the damage was significantly lower than the lump sums set out in the Event Contract in accordance with Section 17.5.
18. Withdrawal from the contract
18.1 The Operator is entitled to withdraw from the contract in case of violation of essential contractual obligations after unsuccessful setting of a deadline, especially if:
a) the payments to be made by the Lessee have not been paid in time,
b) the organizer liability insurance to be provided by the Lessee is not proven in time,
c) the event causes a disturbance of public safety and order or damage to the reputation of the rented objects or the city of Berlin or if there is a reasonable likelihood of such disturbance or damage being caused by the event,
d) the official permits or approvals required for the event are not presented,
e) the purpose of use specified in the event contract is substantially changed,
f) the Lessee has concealed at the time of conclusion of the contract, in particular if the purpose of use is stated in the contract, that the event is being held by or for a political party or a religious or “sham religious” association,
g) the Lessee violates legal regulations, in particular regulations concerning places of assembly or official requirements and orders,
h) the Lessee fails to comply with his legal and official obligations of notification, information and payment towards the Operator or towards authorities, fire brigade or medical and rescue services or the GEMA – only insofar as these are connected with the event – or contractually assumed obligations,
i) insolvency proceedings have been opened against the assets of the Lessee or the opening of such proceedings has been refused for insufficiency of assets
18.2 If the Operator makes use of his right to withdraw from the contract for one of the reasons mentioned in Clause 18.1 lit. a) to i), he retains the right to payment of the agreed charges if the Lessee is responsible for the reasons. However, the Operator shall have any expenses saved credited to his account.
18.3 The setting of a deadline in accordance with 18.1 is dispensable if the breach of contract cannot be remedied within a period of time.
19. Event cancellation/ eviction
19.1 Breaches of essential contractual obligations, the house rules, safety regulations as an annex to the contract as well as event-related legal regulations or official orders shall be stopped immediately by the Lessee.
19.2 The Operator is entitled to substitute performance at the expense of the Lessee if the latter does not immediately fulfil his obligations under 20.1. If substitute performance is not possible or unreasonable, or if the Lessee refuses to bear the costs, the Operator may demand that the Lessee vacates and surrenders the event venues.
19.3 If the Lessee fails to comply with a corresponding request in the event of a breach of essential contractual obligations, safety-relevant regulations and in the event of special danger situations, the Operator shall be entitled to have the event terminated, including evacuation, at the Lessee’s expense and risk. The Lessee remains obliged to pay the full fee.
20. Domiciliary rights / house rules
20.1 In addition to the Operator, the Lessee and his event organizer shall be entitled to domiciliary rights within the rented premises to the extent necessary for the safe execution of the event.
20.2 The Operator and the persons commissioned by him shall also continue to have unrestricted domiciliary rights towards the Lessee, his visitors and third parties for the duration of the contractual relationship.
20.3 In addition, the house rules shall apply as an appendix to the contract. The Lessee shall ensure that the house rules become an integral part of the Visitor Contract for visitors and are visibly displayed in the entrance area to the rented space.
21. Volume during musical performances
21.1 Music playback devices of the Operator are calibrated and officially approved. It is not possible to adjust the volume. For this reason, live band performances are only possible in exceptional cases upon personal request to ALICE Rooftop.
21.2 The Lessee has to comply to the specifications of the German Noise Prevention Code. The Operator reserves the right to close the roof terrace after 10 p.m. if there are complaints from residents.
22. Rights of retention or offset
The Lessee is only entitled to offsetting and retention against the Operator if his counterclaims are legally binding, undisputed or acknowledged by the Operator.
The Operator reserves the right to advertise for himself at events in an appropriate form and to an appropriate extent (e.g. flyers).
24. Invitations and reference use
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, the written approval of the Operator is required in advance.
24.2 The Lessee is permitted to use the name/designation, company, logo and/or brand of the Operator and/or the event and/or photographic and/or film material of the event for reference purposes in online, print or other media after written consent. In online publications the Lesee shall be obligated to link to the Operator’s website.
25. Corona SARS-COV 2
25.1 Both contracting parties are aware of the risk situation, that the COVID 19 pandemic poses a risk of possible cancellation, partial cancellation or relocation of future events. The Lessee as organizer bears the basic “event risk” as such and thus the risk of use. This applies in particular if an official ban should be issued in the future for the planned period of the event. In this case the Lessee is solely and blamelessly responsible for the removal of the obligation to perform.
25.2 The execution of the planned event is impossible for the Lessee due to
(a) an administrative prohibition order
(b) the elements of the “force majeure” clause according to Section 17 of these General Terms and Conditions. These circumstances include in particular natural disasters, including the corona pandemic, which is to be classified as such an event.
(c) an elevated risk situation, in which the hazard forecast is not yet known but in which compliance with protective duties of the specifications of the (state) health authorities, the RKI (Robert Koch Institute) and the WHO indicate that it would be unreasonable to expect the Lessee to comply with the Lessee’s protective obligations when carrying out the event.
25.3 In the event of cancellation, the parties agree an adjustment of contract if one of the obstacles according to 25.2 is present. In the event of an official prohibition order pursuant to 25.2 (a), the respective addressee of the prohibition shall inform the other contractual partner immediately.
If one of the impediments listed under 25.2 is given, the parties agree that, in deviation from the information provided in the contract regarding the time of the planned event, the event may be rescheduled to a later date within a maximum of 12 months.
Rescheduling means that the planned event takes place with the same service content and scope at a later date. The determination of the date is subject to availability on the part of the Operator. The Operator shall be notified in writing of the wish to reschedule the event within 2 weeks after the impediments in accordance with 25.2 become known. If the Lessee makes use of the offer of rescheduling, he is not obliged, contrary to any conflicting provisions of the contract and/or GTC, to: declare withdrawal; in this case the Lessee is not obliged to pay a cancellation fee due under the former provision to the Operator.
25.5. Partial cancellation
In the event of limitation/reduction/change of the event format due to an ordered reduction in the number of persons, the parties shall re-determine the new price in writing, taking into account their mutual interests and respective possibilities. If no agreement can be reached, the cancellation shall be deemed a complete cancellation according to 17.5.
The Operator shall be notified in writing of the partial cancellation at least 30 days before the event. The Lessee is obliged to be aware of any official prohibition orders applicable to the event location and the relevant event period which could affect his event. The Operator shall inform the Lessee upon request.
In all other respects, the provisions regarding complete cancellation shall apply.
If the Lessee refuses a cost-neutral rescheduling of the service agreed in the Rental Contract – which is to take place within 12 months – he shall be obliged to compensate the Operator for the damage less saved expenditure (so-called compensation claim as compensation for loss). The amount of the compensation claim as compensation for loss is staggered over time, i.e. taking into account the proximity of the point in time to the contractually agreed start of performance in a lump sum percentage ratio to the agreed price and taking into account usually saved expenses and usually possible other uses of the services when calculating the compensation. Compensation for loss is measured on the date of withdrawal, whereby the cancellation rates pursuant to No. 17.5 are adjusted in such a way that the rates agreed here are reduced by 10%. The following cancellation fees are 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
– thereafter: 75
The Lessee is at liberty to prove that the cancellation did not cause any damage or that the damage was significantly lower than the lump sum set out in the event contract.
26. Place of performance/ place of jurisdiction/ ineffective 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. If no other compulsory place of jurisdiction is established by law, Berlin is agreed as the place of jurisdiction.
26.2 Should individual clauses of these GTCE be or become invalid, they shall be replaced by the statutory provision from which they deviate.
Status: May 2020