GTC

GENERAL TERMS AND CONDITIONS FOR RENTALS AND EVENTS

THE BENCHMARK EVENT GMBH Table of contents

I. Scope of application

II Conclusion of contract, contract partners, liability, statute of limitations

III Force majeure

IV. Services, prices, payment, offsetting

V. Withdrawal by the customer (withdrawal; termination; cancellation)

VI Withdrawal by the agency/landlord

VII. changes to the number of participants and the time of the event

VIII. Bringing food and beverages, technology and other equipment / catering

IX. Use of the rental space

X. Technical facilities and connections

XI. WLAN use

XII. Loss of or damage to items brought onto the premises

XIII Liability of the customer for damages

XIV. marketing/advertising

XV. final provisions

I. Scope of application

these terms and conditions apply to contracts for events (rental of conference, banquet and event rooms for the organization of events such as banquets, seminars, conferences, exhibitions and presentations etc. and all other services and deliveries provided for the customer in this context), which are provided in the area of responsibility of Benchmark Event GmbH (hereinafter referred to as agency/landlord and/or lessor).
the subletting or re-letting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events shall require the prior written consent of the agency/landlord, whereby Section 540 (1) sentence 2 BGB shall be waived insofar as the customer is not a consumer.
the customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, contract partners, liability, statute of limitations

before concluding the contract, the agency/landlord shall first send the customer a non-binding overview of the contractual services. This offer overview does not constitute a contractual offer by the agency/landlord in the legal sense. It is merely an invitation to the customer to submit an offer ("invitatio ad offerendum"). The customer then has the opportunity to submit an offer for the services presented by the agency/landlord. The contract shall only come into effect upon acceptance of the customer's/orderer's application by the agency/landlord (order confirmation).
if the customer/orderer is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the agency/landlord has received a corresponding declaration from the organizer.
the agency/lessor shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the customer for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if the agency/landlord is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the agency/landlord and damages based on an intentional or negligent breach of material contractual obligations by the agency/landlord. The term "essential contractual obligations" refers to those obligations whose fulfillment is essential for the proper execution of the contract, on whose compliance the contractual partner may regularly rely and whose breach jeopardizes the achievement of the purpose of the contract. A breach of duty by the agency/landlord is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the services of the agency/landlord, the agency/landlord shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him to remedy the disruption and minimize any possible damage. In addition, the customer is obliged to inform the agency/landlord in good time of the possibility of exceptionally high damages. The liability of the agency/landlord under mandatory statutory provisions, in particular under the German Product Liability Act, as well as for fraudulent concealment and insofar as the agency/landlord has assumed a guarantee, shall remain unaffected.
all claims against the agency/landlord shall generally become time-barred one year after the start of the statutory limitation period. Claims for damages shall become time-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims that are based on an intentional or grossly negligent breach of duty by the agency/landlord or their vicarious agents and for claims for which longer periods are prescribed by law.
if the offer of the agency/landlord contains an option, this means that the customer has the sole right to conclude the contract until the option expires, i.e. the agency/landlord limits its offer until the option expires.

III Force majeure

if the event is canceled, interrupted or changed due to force majeure (Section III. 3.), the parties shall be released from their respective contractual obligations in accordance with this section. The customer shall only be obliged to pay the agency/landlord the costs incurred up to the time of the cancellation, interruption or change in the execution of the event. The agency/landlord must provide evidence of these costs at the customer's request. Payment must be made within two weeks of the customer canceling, discontinuing or changing the event. Any advance payment already made by the customer shall be offset against these costs. Any advance payments already made by the customer that exceed the amount of these costs shall be refunded to the customer. The agency/landlord shall have no further claims for payment against the customer. The parties agree not to assert any further claims against the other party due to the cancellation, interruption or change in the execution of the event, regardless of the legal grounds. The parties shall agree on a possible postponement of the event while retaining the performance obligations before the event is canceled, canceled or changed in accordance with this Section III. 1.
the relevant time for assessing whether or not force majeure exists shall be the contractual time of the event. If it is a period of more than one day, the first day of the event shall be deemed decisive. In the event that a customer cancels the event before the date of the event out of concern about the occurrence of an event that is to be regarded as force majeure, the following shall apply: The customer is obliged to prove that the cancellation was due to force majeure. If it transpires at the agreed relevant time of assessment that force majeure actually exists, Section III. 1 shall apply. If, on the other hand, it transpires at the relevant time of assessment that no force majeure exists, the claims of the agency/lessor shall be governed by Section V.
force majeure is any event beyond the control of the agency/lessor which prevents the agency/lessor from fulfilling its obligations in whole or in part, including acts of terrorism, assassinations, threats of assassination, strikes, lockouts, labor unrest, riots and/or civil unrest or due to the danger or spread of epidemics. the spread of epidemics, pandemics, epidemics or other infectious diseases or the (ongoing) Covid-19 pandemic or mutations of the coronavirus and/or official or legal orders in this context. Supply difficulties and other service disruptions on the part of the upstream suppliers/subcontractors of the agency/lessor shall be deemed force majeure if the respective upstream supplier/subcontractor is prevented from providing the service incumbent upon it by an event in accordance with the definition of force majeure in this clause.

IV. Services, prices, payment, offsetting

the agency/landlord is obliged to provide the services ordered by the customer and promised by the agency/landlord. The scope of the service is set out in the written order confirmation. The agency/landlord shall inform the customer immediately of any changes or deviations in individual services from the agreed content of the contract that become necessary after the contract has been concluded. Insofar as the agreed content of the contract is not or only insignificantly affected by the changes, the customer shall not be entitled to terminate the contract due to these deviations. The agency/landlord shall be entitled, in consultation with the customer, to change parts of the event schedule in deviation from the service description.
all services of the agency/landlord (e.g. ideas, concepts for events etc.), including individual parts thereof, shall remain the property/authorization of disposal of the agency/landlord. In this respect, the customer only acquires the right of use for the agreed purpose. Unless otherwise agreed, the customer may only use the services of the agency/lessor itself, exclusively at the agreed place of performance and for the agreed purpose of performance. Changes to the services of the agency/lessor by the customer are only permitted with the express consent of the agency/lessor and - insofar as the services are protected by copyright - of the author. The use of the agency's/lessor's services beyond the originally agreed purpose is not permitted unless otherwise agreed in writing.
the prices for the rental of event rooms and other services are set out in the respective offer/contract. The customer is obliged to pay the agreed or applicable prices of the agency. This shall also apply to services and expenses incurred by the Agency vis-à-vis third parties at the Customer's request, in particular also to claims by copyright collecting societies. The Agency's offers and agreed prices are net prices plus statutory VAT.
own and external personnel services (third parties) shall be invoiced per person and per hour according to actual expenditure. The minimum assignment time is five (5) hours. Prices may vary on Sundays and public holidays. The hours stated include preparation and follow-up times.

5 The use of parking spaces is generally subject to a charge. Individual regulations for use are set out in the respective offer/contract.

invoices of the agency/landlord without a due date shall be payable without deduction within seven (7) days of receipt of the invoice. The Agency/Lessor may demand immediate payment of due claims from the customer at any time. In the event of late payment, the Agency/Lessor shall be entitled to charge the applicable statutory default interest currently amounting to 9 percentage points above the prime rate or, in the case of legal transactions involving a consumer, 5 percentage points above the prime rate. The agency/landlord reserves the right to provide evidence of higher damages.
the agency/landlord is entitled to demand a reasonable advance payment or security deposit from the customer in the form of a credit card guarantee, a deposit or similar upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. Unless otherwise agreed, subject to Section X.3, 50% of the total costs shall be due as a down payment 30 days before the start of the event and the remaining 50% of the total costs shall be due 10 days after the end of the event and invoicing.
in justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the agency/lessor shall be entitled, even after conclusion of the contract up to the start of the event, to demand an advance payment or security deposit within the meaning of No. 7 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
the customer may only offset or reduce a claim of the agency/rental company or exercise a right of retention with an undisputed or legally binding claim. The customer shall have the right to offset claims other than the above-mentioned claims against claims of the agency/landlord if both the customer's claim and that of the agency/landlord are in a synallagmatic relationship to each other.

V. Withdrawal by the customer (withdrawal; termination; cancellation)

withdrawal from the contract by the customer free of charge requires the written consent of the agency/landlord. The customer shall not be entitled to obtain this consent from the agency/landlord. If no consent is given, the agency's/landlord's payment claims against the customer mentioned under V. 2. shall also exist if the customer does not make use of the agency's/landlord's contractual services. This shall not apply in the event of a breach of the agency's/landlord's obligation to take into account the rights, legal interests and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or if the customer is entitled to any other statutory or contractual right of withdrawal.
if a contract is terminated by the customer before the start of its execution or if the customer withdraws from the contract for reasons for which the agency/landlord is not responsible (hereinafter referred to as cancellation), the customer shall be obliged to pay the agency/landlord the full contractual remuneration. In addition, the customer is obliged to pay the agency/landlord the loss of profit resulting from the non-performance of the contract due to lost food and beverage sales. Advance payments already made by the customer shall be offset against these payment claims of the agency/landlord. The agency/landlord shall be obliged to offset against the remuneration and the lump sum for the loss of profit that which it saves in expenses as a result of canceling the contract or which it earns or maliciously fails to earn by renting the property elsewhere. It shall be assumed that the Agency is no longer able to rent the event to another party if the customer cancels sixteen (16) weeks (or less) before the contractually agreed event date.
food and beverage sales shall be calculated according to the formula: agreed menu price and/or beverage flat rate x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. If no drinks package has been agreed, the average consumption of a comparable evening shall be taken as the basis. In the event that a buffet was agreed, the calculation shall apply accordingly. The agency/rental company shall disclose the corresponding calculation basis upon request by the customer.
in the event that the execution of the event is excessively difficult as a result of an official and/or legal order due to the Covid 19 pandemic or mutations of the corona virus, without there being a case of force majeure within the meaning of Section III. 3. at the same time, the agency/organizer shall grant the customer the option of canceling the contract under simplified conditions. An excessive aggravation in this sense exists in particular if less than 50% of the contractually agreed persons are allowed to participate in the event and/or the conditions under which an event may take place (e.g. due to excessive vaccination card or test controls; compliance with distancing requirements) are associated with considerable organizational and/or personnel-intensive expenditure for the lessee and/or the lessee can therefore no longer carry out the event economically. If there is a threat of such an excessive complication, the customer is obliged to inform the agency/landlord immediately; the parties will then jointly explore an adjustment to the contract (e.g. postponement of the event, reduction of services, etc.). If an adjustment is not possible and the customer cancels up to sixteen (16) weeks before the event takes place at the latest due to excessive difficulty within the meaning of this clause V. 4, the customer shall only owe the agency/landlord the costs incurred by the agency/landlord up to the time of cancellation (cancellation fee) in deviation from clause V. 2. The agency/landlord must provide evidence of this upon request by the customer. The agency/landlord shall have no further claims for compensation or damages. Advance payments already made by the customer shall be offset against the cancellation fee. If the customer cancels the contract at a later date without there being a case of force majeure within the meaning of Section III. 3. at the same time, the claims of the agency/landlord shall be based on Section V. 2.

VI Cancellation by the agency/landlord

if it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period, the agency/landlord shall be entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked event rooms and the customer does not immediately waive his right of withdrawal upon enquiry by the agency/landlord.
if an advance payment or security deposit agreed or requested in accordance with Section IV. 6 and/or 7 above is not made even after a reasonable grace period set by the agency/landlord has expired, the agency/landlord shall also be entitled to withdraw from the contract.
furthermore, the agency/landlord shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

events are booked under misleading or false statements of material facts, e.g. the identity of the customer or the purpose of the event;
the agency/landlord has reasonable grounds to believe that the event may jeopardize the smooth running of the business, the safety or the reputation of the agency/landlord in public, without this being attributable to the agency/landlord's sphere of control or organization;
there is a breach of Section I No. 2.

in the event of justified withdrawal by the agency/landlord due to a reason for which the customer is responsible, the customer shall not be entitled to claim damages.

VII Changes to the number of participants and the time of the event

a change in the number of participants by more than 5% must be notified to the agency/landlord no later than ten (10) working days before the start of the event; it requires the written consent of the agency/landlord.
a reduction in the number of participants by the customer by a maximum of 5% shall be recognized by the agency/landlord when invoicing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as the basis. The customer has the right to reduce the agreed price by the expenses saved as a result of the lower number of participants.
in the event of an upward deviation, the actual number of participants shall be charged.
if the number of participants deviates by more than 10%, the agency/landlord shall be entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer. 5. if the agreed start or end times of the event are postponed and the agency/landlord agrees to these deviations, the agency/landlord may charge appropriately for the additional readiness to perform, unless the agency/landlord is at fault.

VIII. Bringing food and beverages, technology and other equipment / catering

the customer may not bring and use food and beverages, technology and other equipment and accessories to events. Subject to sections X. 3. to 5., this also applies to technology for setting up and maintaining W-LAN connections. Exceptions require a written agreement with the agency/rental company. In these cases, a contribution may be charged to cover overheads.
the customer shall not be permitted to organize its own beverage catering for the event; beverage catering shall be provided by the agency/rental company. Handling costs for beverage catering, such as rental glasses, cleaning, rental of coffee machines, consumables, etc., shall be charged by the agency/lessor on a time and material basis. Crew catering for the technical, set-up or production staff can be provided by the agency/rental company; the costs shall be borne by the customer.

IX. Use of the rental space

the lessee is obliged to inform himself about the legal regulations to be observed for the use of event areas (Saxon Assembly Venue Ordinance, fire protection requirements, regulations on noise emission, etc.) and must comply with them. In the event of violations, the agency/landlord shall be entitled to have changes made at the tenant's expense after issuing a corresponding warning and setting a deadline.
the tenant is obliged to comply with the statutory provisions on minimum wage and occupational health and safety.
the traffic areas and delivery zones may be used by the agency/landlord, the tenants on the premises and their customers. The tenant must ensure that his event, which he carries out in the rented premises, does not hinder operations on the premises.
the tenant has no right to decide to whom and for what purpose the areas that are not the subject of the lease are made available at the same time, and in particular how and when these rooms and areas are prepared for other events. Access to these locations (delivery and visitor traffic) must be guaranteed at all times. The tenant is also not entitled to a reduction or waiver of the agreed usage fee if, by agreement, parts of the backstage area or the open space in particular, which is not the subject of the rental, are simultaneously used by third parties. The hirer may not derive any rights from or raise any objections to the fact that other events, including similar or similar events, are taking place in the lessor's facilities at the same time as his event, provided that these do not unreasonably interfere with the running of his event.

5 The set-up and dismantling times are set out in the contract.

the agency/landlord shall make the rooms provided to the tenant available only for the contractually agreed purpose. The rental relationship relates exclusively to the rooms specified in the contract, unless otherwise stipulated in the contract. Any event technology and furniture required to fulfill the rental purpose shall be brought in at the expense of the Lessee. All items brought in must be completely removed at the end of the rental period at the expense of the hirer or a third party commissioned by the hirer. The tenant is obliged to return the rented property provided to him for use free of damage at the end of the tenancy.
hanging objects of any kind (trusses, PA, etc.) may only be attached / flown in consultation with the technical management. The hirer must submit a plan of all items to be suspended, stating the exact location and weight, to the lessor no later than 14 working days before the start of the event in order to ensure any necessary structural approval.
decorations, advertisements and other fixtures and fittings must comply with fire safety requirements and, where necessary, building regulations. Nails, screws, rivets, staples, eyelets, etc. may not be hammered or screwed into the floors, walls, ceilings or furnishings to secure decorations. The use of gaffa tape on the interior walls of the rented property is prohibited. Only approved tapes may be used for gluing carpeting to the floors. Stairs, corridors, emergency exits, emergency lighting, fire extinguishing equipment and fire alarms must not be obstructed or covered. The exits must be unlocked during the event. The laying of cables or similar at ground level through escape routes is prohibited. Escape routes and access to fire extinguishing equipment and fire alarms must be kept clear and may not be blocked, locked or obstructed.
if structural changes/installations are required in the rented rooms, the tenant is obliged to submit distribution and installation plans to the landlord at least 2 weeks before the event. These plans must clearly show the aisles and their dimensions, the partition walls, furniture, stages etc. and exits. Doors, emergency exits and escape routes must not be obstructed or blocked. Only flame-retardant material may be used for stands. The landlord is entitled to prohibit structural alterations if these would interfere with the fabric of the building. The original condition must be restored by the end of the rental period.
the technical equipment of the agency/landlord may only be operated by persons of the agency/landlord or by third parties commissioned by the agency/landlord.
the lessee shall be responsible for the proper and trouble-free running of his event. He must take all necessary safety measures and observe the regulations of the regulatory authorities and assembly laws as amended. The hirer undertakes to provide sufficient medical and security personnel in accordance with the number of spectators.
the tenant must staff the rental space with sufficient personnel, in particular during the event, in particular a person responsible for the project appointed by the tenant.
if the agency/landlord is responsible for opening the rental space on the day of the event, this shall take place for the public 90 minutes before the start of the event, unless expressly stipulated otherwise in the contract. The lessee must inform the agency/lessor in writing of a binding admission time at least 48 hours before the start of the event. The duration of the event shall be the period between the opening and closing of the rooms used. If the Hirer receives a key for the event halls, the Hirer is responsible for opening the halls in good time. The hirer must ensure that the event ends at the time specified in the rental agreement and that the rooms used are vacated.
the agency/landlord shall retain domiciliary rights in all rented rooms at all times.
if necessary, all personnel and representatives of the agency/landlord shall have access to the rented rooms at all times. They may not be hindered in the performance of their duties. The instructions of the persons employed by the agency/landlord must be followed. The tenants in the other commercial units must be guaranteed access to their rented properties at all times.
the tenant requires the landlord's prior express written consent for the following activities:
Use of pyrotechnics;
commercial film, radio, television and tape recordings
the lessee is responsible for the following obligations at his own expense:

Obtaining official permits of any kind
Timely registration of GEMA-liable events with GEMA
If necessary: Registration with KSK
Compliance with the applicable provisions of copyright law with regard to music, word, image and other rights to the works used at the event. Corresponding fees (e.g. GEMA) must be paid in good time. The hirer shall indemnify the agency/landlord against possible claims due to late registration or late payment of fees.
Observance of the Youth Protection Act and obtaining the necessary exemptions, if necessary verification of parental authority for under 16-year-olds
Compliance with and enforcement of the statutory smoking ban within the event venues

all production vehicles are expressly prohibited from emptying their waste tanks, changing their oil and/or washing their vehicles in the parking lots and open spaces. The hirer must ensure that this is complied with. In the event of non-compliance, the lessee will be charged for the removal of the damage.

19 Upon request, the agency/rental company shall provide the customer with qualified rescue personnel and suitable rescue equipment for the event for a separate charge.

X. Technical facilities and connections

insofar as the agency/lessor procures technical and other equipment from third parties for the customer at the customer's request, it shall act in the name of, on behalf of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. He shall indemnify the agency/landlord against all third-party claims arising from the provision of these facilities.
if the house electricity capacities are exceeded, an additional purchase of heavy current via a transformer station is necessary. This may incur the costs listed in the offer. The additional power requirement can only be determined after receipt of all power requirements from VA-Technik/caterers and building services.
the use of the customer's own electrical equipment using the agency's/landlord's electricity network shall require the agency's/landlord's written consent. Any faults or damage to the agency's/landlord's technical equipment caused by the use of these devices shall be borne by the customer, unless the agency/landlord is responsible for them. The electricity costs arising from the use of the equipment shall be charged by the agency/landlord on a daily basis according to actual expenditure plus an expenditure and handling fee of 15%. The electricity costs shall be invoiced to the customer on the 20th of the following month (i.e. the month following the event).
with the consent of the agency/landlord, the customer shall be entitled to use his own telephone, fax and data transmission facilities. The Agency/Lessor may charge a reasonable connection fee for this.
if suitable systems of the agency/landlord remain unused due to the connection of the customer's own systems, a default fee may be charged.
faults in technical or other equipment provided by the agency/landlord shall be rectified immediately if possible. Payments may not be withheld or reduced insofar as the agency/landlord is not responsible for these faults.

XI. WLAN use

if the agency/landlord is required by the contract to provide a WLAN connection, the customer shall be obliged to use this Internet connection exclusively during the event. The agency/landlord shall be entitled at any time to admit further co-users and to restrict or exclude the customer's access in whole, in part or temporarily. In particular, the agency/landlord reserves the right to block access to certain sites or services via the WLAN (e.g. sites that glorify violence, pornographic or fee-based sites) at its own discretion and at any time if there is a factual reason to do so.
all access data (user name and password) are for the personal use of the customer only and may not be passed on to third parties under any circumstances. The customer undertakes to keep his access data secret. The agency/landlord has the right to change access codes at any time.
the customer is advised that the data traffic generated using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The WLAN only enables access to the Internet. The content accessed is not subject to any checks by the agency/landlord, in particular as to whether it contains malware. Use of the WLAN is at the customer's own risk. The owner expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the WLAN.
the customer is responsible for the data transmitted via the WLAN, the chargeable services used and legal transactions carried out. The customer is obliged to comply with the applicable law when using the WLAN. In particular, the customer shall: not use the WLAN to retrieve or distribute immoral or illegal content; not illegally reproduce, distribute or make accessible any goods protected by copyright; observe the applicable youth protection regulations; not send or distribute any harassing, defamatory or threatening content; not use the WLAN to send mass messages (spam) and/or other forms of unauthorized advertising. The customer shall indemnify the agency/landlord against all damages and claims by third parties that are based on unlawful use of the WLAN by the customer and/or on a breach of this agreement; this also extends to costs and expenses associated with the claim or defense against it. If the customer recognizes or must recognize that such an infringement and / or such a violation exists or is imminent, he shall inform the agency / lessor of this fact.
the customer is hereby informed that every use of the WLAN with IP address, date and duration is documented and archived in order to indemnify the agency/landlord in the event of a legal case.

XII. Loss of or damage to items brought along

exhibition or other items, including personal items, brought into the event rooms are at the customer's risk. The agency/landlord accepts no liability for loss, destruction or damage, not even for financial losses, except in cases of gross negligence or intent on the part of the agency/landlord or its vicarious agents. Excluded from the exclusion of liability are damages arising from injury to life, limb or health or those arising from mandatory statutory provisions and fraudulent concealment. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
decoration material brought along must comply with fire protection requirements. The agency/landlord shall be entitled to demand official proof of this. If such proof is not provided, the agency/landlord shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed in advance with the agency/landlord.
any exhibition or other items brought in must be removed immediately after the end of the event. If the customer fails to do so, the agency/landlord may remove and store the items at the customer's expense. If the items remain in the event room, the agency/landlord may charge an appropriate compensation for use for the duration of their retention. The customer shall be at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the amount demanded.

XIII Liability of the customer for damages

the lessee shall bear the entire risk of the event, including its preparation, execution and subsequent handling.
the lessee shall assume the internal duty of care with regard to the entire rental property, including the equipment brought in by the lessee. The hirer shall indemnify the agency/landlord against all third-party claims asserted against the agency/landlord arising from a breach of the duty to ensure public safety. The agency/landlord shall only be liable for claims arising from a breach of the duty to ensure public safety to the extent that the condition of the rented property before it was handed over to the tenant can be considered the cause of the breach.
the agency/landlord may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).
the customer undertakes to take out organizer's liability insurance for the event which also covers the above risks. The agency/landlord must be provided with proof that the organizer's liability insurance has been taken out and that it has been paid for.
the lessor assumes no liability for items brought in or stored by the lessee, its agents, contractual partners or visitors. A safekeeping agreement shall not be concluded. The tenant is responsible for securing and insuring these items. In this respect, the Lessor shall be indemnified against claims for damages by third parties.

XIV Marketing/Advertising

the lessee is responsible for the marketing of his event.
the lessee undertakes vis-à-vis the agency/lessor to state and affix its name clearly and visibly in the advertising for the event and to use the designation "organizer". Furthermore, the hirer undertakes to display the name and logos of the event venue in a proper manner.
advertising measures in the rental property and on the premises of the rental property may only be affixed or carried out with the express written consent of the agency/landlord. Drone overflights over the event location are prohibited before, during and after the event, regardless of whether an official permit for the drone flight has been obtained.
the agency/landlord is entitled to draw attention to public events at its own discretion. The use of the organizer's image data requires the organizer's written consent. Non-public events shall only be publicly advertised with the written consent of the hirer.
the agency/lessor shall be permitted to engage a photographer/cameraman etc. to produce photos/film material of the event (unless the lessee expressly objects in advance). The photos may be used for presentation purposes (internet/print/references).
the agency/landlord may request the submission of drafts for advertisements, posters and advertising flyers for events and prohibit their publication or distribution if the design of the advertising material is likely to damage the reputation of the agency/landlord or infringe the trademark and/or copyright of a third party.
any commercial and/or advertising use of photographic, video and other image and/or sound material of the event by the customer requires the prior written consent of the agency/landlord (email is sufficient). Irrespective of the consent of the agency/landlord, the customer is responsible for obtaining all rights to the image and/or sound material (including the rights of the persons depicted). The customer shall indemnify the agency/landlord against corresponding claims by third parties due to the infringement of their rights with regard to the image and/or sound material (including reasonable legal costs).

XV Final provisions

amendments or additions to the contract, the acceptance of applications or these General Terms and Conditions for Events should be made in writing. Unilateral amendments or additions by the customer are invalid.
place of performance and payment is the registered office of the agency/rental company.
the exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - in commercial transactions shall be the registered office of the agency/lessor under company law. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the agency/landlord under company law. 4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision. The same applies in the event that the contract contains a loophole. In all other respects, the statutory provisions shall apply.

Status: August 2022