General terms and conditions of business for events
of Humboldt Carré Konferenz GmbH (HCK) | Behrenstraße 42 | 10117 Berlin
registered in the Commercial Register of Berlin Charlottenburg Local Court under Commercial Register No. 127514
Managing Directors Dr. Jörg Haas, Ludwig Frede | T +49 (0) 30 20 144 850 | F +49 (0) 30 20 144 85110
email@example.com | www.humboldtcarre.de
1. These Terms and Conditions of Business govern contracts for the rental use of HCK's conference, banquet and event facilities for the implementation of events such as banquets, seminars, meetings, exhibitions and presentations, etc. as well as for all further services and supplies provided by HCK in conjunction with such events. In some cases, HCK mediates contacts to third parties, e.g. lighting engineers, artists and other entertainers for an event. It is solely incumbent on the client to conclude a contract with these persons. HCK assumes no liability in such cases.
2. The sub-letting or re-letting of the rented rooms, surfaces or display cases as well as any invitation to interviews, sales or similar events require HCK’s prior written consent, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.
3. The customer's General Terms and Conditions of Business only apply if this has been previously expressly agreed in writing.
II. Conclusion of contract, parties, liability
1. A contract between HCK and the customer only comes into force upon written acceptance by HCK of the customer's application. Alternatively, HCK can make the customer a binding offer which can be accepted by the customer within the binding period stated in the offer.
2. HCK is liable, with the due care and diligence of a prudent businessman, for its obligations from the contract. The customer is obligated to contribute reasonable assistance to remedying any fault or disruption and to minimizing any possible damage or loss. The customer is also obliged to inform HCK immediately of the possibility of significant damage occurring.
III. Services, prices, payment, offset
1. HCK is obligated to render the services ordered by the customer and confirmed by HCK.
2. The customer is obligated to pay the prices agreed or HCK's applicable prices for these and other services utilized. This also applies to HCK's services and outlays to third parties caused by the customer, in particular also for claims from performing rights societies.
3. The agreed prices include the valid rate of statutory VAT. Should the period of time between conclusion of contract and event exceed four months and should the price generally charged by HCK for such services increase, then the contractually agreed price may be raised commensurately but by no more than 5%.
4. Invoices of HCK not showing a due date are payable and due in full within 10 days of receipt. HCK is entitled at any time to render all amounts receivable payable and due and to demand immediate payment. Statutory default regulations apply.
5. HCK is entitled at any time to demand a commensurate down payment. The amount of the down payment and payment dates may be agreed in writing in the contract.
6. The customer may offset or reduce a claim by HCK only against an undisputed or legally binding claim.
IV. Withdrawal by the customer (cancellation, annulment)
1. Insofar as HCK and the customer have agreed in writing a date for cost-free withdrawal from the contract, the customer may withdraw from the contract by that date without incurring damage or compensation payment claims from HCK. The customer’s right to withdraw from the contract expires if the customer does not notify HCK in writing of his withdrawal from the contract by the agreed date. The following clauses 2-4 otherwise apply. 2. Cost-free withdrawal by the customer from the contract concluded with HCK furthermore categorically requires HCK’s written consent and is only possible in the case of alternative rental to another customer. If such consent is not given by HCK, withdrawal by the customer triggers a compensation charge as follows for catering and other individual services agreed:
· The compensation charge up to 12 weeks before the start of the event is 25% for all other services and 0% for catering services.
· The compensation charge from the 12th week onwards before the start of the event is 35% and 0% for catering services.
· The compensation charge from the 10th week onwards before the start of the event is 50% and 0% for catering services.
· The compensation charge from the 8th week onwards before the start of the event is 60% and 35% for catering services.
· The compensation charge from the 6th week onwards before the start of the event is 75% and 35% for catering services.
· The compensation charge from the 4th week onwards before the start of the event is 95% and 50% for catering services.
· The compensation charge up to 1 week before the start of the event is 95% and 80% for catering services.
· The compensation charge within the last week is 97% for all services (catering and other services).
3. Paragraph 2 does not apply in the case of a breach by HCK of its obligation to respect the customer’s rights, legal assets and interests, if in such a case adherence to the contract can no longer be reasonably expected of the customer or if he is entitled to another legal or contractual right to withdrawal. 4. In the case of annulment, catering services are calculated in accordance with the following formula: Set meal or buffet price for the event multiplied by the number of participants with an additional € 15 flat-rate beverage charge per person. In the case that a price for the set meal or buffet has not yet been agreed, then the price will be set at the lowest price for a 3-course set meal from the list of event services applicable at the time with an additional € 15 flat-rate beverage charge per person. In the case that a flat-rate conference fee per participant has been agreed, charges in the case of annulment are based on the flat-rate conference fee multiplied by the agreed number of participants.
5. The customer is at liberty to prove that the aforementioned claim did not arise or that it did not arise to the amount demanded.
V. Withdrawal by HCK
1. In the event that a right of cost-free withdrawal within a certain period of time was agreed in writing for the customer, then HCK is equally entitled to withdraw from the contract during that period if there are enquiries from other customers concerning the contractually booked event rooms and the customer does not waive his right of withdrawal when asked by HCK.
2. If an agreed down payment or a down payment demanded in accordance with Clause III No. 5 is not forthcoming, then HCK is likewise entitled to withdraw from the contract.
3. Furthermore, HCK is entitled to withdraw from the contract for a materially justifiable cause, for example if:
a. Force majeure (act of god) or other circumstances for which HCK is not responsible make it impossible to fulfil the contract;
b. Events are booked with misleading or false information regarding significant facts such as the identity of the customer or the purpose;
c. HCK has justifiable cause to believe that the event might jeopardise the smooth operation of its business, its safety or its public reputation without this being attributable to HCK's sphere of control or organisation;
d. There is a violation of I. paragraph 2.
4. In the event of justified withdrawal from the contract by HCK, the customer is not entitled to any claim for compensation.
VI. Changes in number of participants and event time schedule
1. HCK must be notified of any change in the number of participants of more than 5% at the latest five working days before the start of the event; such a change requires HCK's written consent.
2. A reduction of the number of participants by the customer of a maximum of 5% will be taken into consideration by HCK in its invoice. In the case of any changes beyond that, the originally agreed number of participants minus 5% will form the basis for invoices.
3. In the case of any increase, the actual number of participants will be charged.
4. In the case of any changes in the number of participants of over 10%, HCK is entitled to adjust the agreed prices and to exchange the confirmed rooms, unless this cannot be justifiably expected of the customer.
5. Should the event's agreed start or end times change and should HCK agree to these changes, HCK may make a commensurate charge for additional availability of services, unless HCK is at fault.
VII. Other companies
The customer may not book other companies for his events without HCK's written consent (photographers, flower or newspaper sellers, showmen etc.).
VIII. Technical equipment and connections
1. Insofar as HCK procures technical and other equipment from third parties on behalf of the customer, it is acting in the name of, with the authorisation of and for the account of the customer.
2. The use of the customer's own electrical equipment using HCK's mains electricity supply requires HCK's written consent. The customer is liable for any malfunctions or damage to HCK's technical systems resulting from the use of this equipment, provided that HCK is not responsible. HCK is entitled to make a flat-rate estimate of the electricity costs incurred by such use and to invoice these.
3. With the approval of HCK, the customer is entitled to use his own telephone, fax and data transmission equipment. HCK is entitled to charge a connection fee for this.
4. In the case that suitable equipment of HCK remains unused due to the connecting of the customer's own equipment, HCK is entitled to charge a downtime fee.
5. Where possible, malfunctions in technical or other equipment made available by HCK will be remedied immediately. Payments may not be withheld or reduced, unless HCK is responsible for the malfunction.
IX. Loss or damage of property brought onto HCK premises
1. The customer bears the full risk with respect to any exhibits or other items including personal property brought into the event rooms or into Humboldt Carré. HCK assumes no liability for any loss or destruction of or damage to such items, including financial losses, except in the case of gross negligence or intent by HCK.
2. Any decoration material brought to HCK's premises must comply with fire safety requirements. HCK is entitled to demand official verification of such compliance. Should no such verification be produced, HCK is entitled to remove at the customer's expense any material already brought onto its premises. In view of possible damage, the placing and affixing of items must be agreed upon with HCK in advance.
3. Exhibits or other items brought onto HCK premises must be removed immediately after the end of the event. Should the customer fail to do so, HCK is entitled to remove and store such items at the customer's expense. Should such items remain in the event room, HCK is entitled to charge a commensurate fee for loss of use for the period said items remain therein. The customer is at liberty to prove that such claim did not arise or that it did not arise to the amount demanded.
X. Liability of the customer for damage/Obligations of the customer
1. The customer is liable for the careful treatment and orderly return of all items and facilities made available. The customer exempts HCK of any and all claims made by third parties arising from the provision of these items or facilities. The customer is liable for all damage to buildings or inventory caused by participants of or visitors to the event, employees, other third parties associated with the customer or by the customer himself.
2. HCK can demand that the customer furnish reasonable securities (e.g. insurances, deposits, guarantees).
3. The customer is obligated to register any artists, music bands or disc jockeys which he engages, including background music, with the German Society for Musical Performing Rights and Mechanical Reproduction Rights (GEMA), as well as to pay the resulting GEMA fees. HCK will inform the GEMA of all events which are subject to registration and notify the GEMA of the address of the event organiser and the type of event.
4. The customer affirms that the type and subject of his event do not contravene constitutional order, moral law and legislation for the protection of minors. The customer bears the risk of official permission regarding his person and the type of event. The customer is obligated to establish the public law and private law conditions for the implementation of the event and will present corresponding evidence to HCK upon the latter's request.
5. It is incumbent on the customer to maintain safety and public order, above all in the conference area, at all access points, on all utilizable ancillary areas before, during and after the event. The customer must take all the necessary precautions for this, in particular supervisory personnel, fire brigade, paramedics.
6. Customer's deliveries to HCK's address are categorically only possible at the earliest one day before the day on which the event is set up and must be agreed with HCK in detail beforehand and HCK must be notified in writing. In such cases, HCK takes delivery of the items and ensures that they are appropriately stored within available storage capacity. HCK does not, however, assume any liability for damage or loss, except in the case of gross negligence or intent by HCK.
7. The customer is responsible for the disposal of recyclable or other refuse. The customer will be invoiced 70 Euro per cubic metre for any mixed municipal refuse left in HCK's premises, an extra charge will be made for waste requiring special disposal.
XI. Final provisions
1. Changes or additions to the contract, contract acceptance or to these Terms and Conditions of Business for Events must be made in written form. Unilateral changes or amendments by the customer are not valid.
2. Place of performance and of payment is HCK's registered seat.
3. The sole court of jurisdiction - also for cheque and bill of exchange disputes - for commercial transactions is the registered seat of HCK. If a contractual partner fulfils the conditions of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general court of jurisdiction in the country, the court of jurisdiction at the seat of HCK applies.
4. German law applies. The application of UN purchase law (United Nations Convention on Contracts for the International Sale of Goods) and conflict of laws is excluded.
5. If any provision of these Terms and Conditions of Business for Events be held to be invalid or void, the validity of the remaining provisions remains unaffected. Statutory provisions otherwise apply.
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