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General terms and conditions

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General contract and payment conditions of Location + Event Hospitality GmbH

§ 1 Scope of application

1. the present general terms and conditions of contract and payment shall also apply in the current version for all future contractual relationships with companies, commercial persons, legal entities under public law or special funds under public law (hereinafter referred to collectively as “organiser”). Additional or contradictory contractual terms and conditions of the Organizer only apply if Location + Event Hospitality GmbH has expressly acknowledged them in writing. If deviating agreements are made with the contractual partner in the event contract, these agreements always take precedence over the corresponding provision within these General Terms and Conditions of Contract and Payment.
2. orders from organizers that are placed with reference to their terms and conditions of business do not under any circumstances lead to the application of deviating or contradictory terms and conditions of business, even if Location + Event Hospitality GmbH does not separately refer to them again in the course of processing the contract.

§ 2 Offer and conclusion of contract

1 All offers made by Location + Event Hospitality GmbH for the provision of an event service are subject to change and non-binding, even if they are signed. If the organizer places an order for a non-binding offer, this is only in the legal sense an offer to conclude the contract. The acceptance of an offer to conclude a contract by Location + Event Hospitality GmbH may take up to two weeks. Acceptance of an offer is also possible without compliance with the written form by providing the service.
2. the offer is valid for 4 weeks from the date of its creation and expires after this period if the organizer has not commented on the offer or returned it signed to Location + Event Hospitality GmbH.

§ 3 Liability for loss or damage

No liability is assumed for loss of or damage to items brought in by the organizer and his guests, unless a paid safekeeping contract is concluded or the damage is due to grossly negligent or intentional behaviour on the part of Location + Event Hospitality GmbH or its vicarious agents.

§ 4 Prices and payment

1. all prices are net prices excluding the statutory value added tax.
2 Unless otherwise stated, Location + Event Hospitality GmbH is bound by the prices contained in its offer for 14 days from the date of the offer. Additional deliveries and services are charged separately.
3. the invoice amount is to be paid gross, without deductions, no later than 7 days after receipt of the invoice.
The organizer is in default of payment at the latest 30 days after receipt of the invoice. Interest on arrears shall amount to eight percentage points above the interest rate of the European Central Bank for main refinancing transactions for commercial organizers in accordance with § 288 II BGB (German Civil Code), and five percentage points above this basic interest rate for consumers. The right to assert higher interest rates for another legal reason as well as the assertion of further damage caused by default shall remain unaffected.
4 Location + Event Hospitality GmbH is entitled to offset payments against the organizer’s older debts despite any other provisions of the organizer; it will inform the organizer of the offsetting. If costs and interest have already been incurred, Location + Event Hospitality GmbH is entitled to offset payments first against the costs, then against the interest and finally against the principal claim.
5 If agreed terms of payment are not met or facts become known that indicate a significant deterioration in the financial situation of the organizer, Location + Event Hospitality GmbH is entitled to demand immediate payment of the entire remaining debt and to make further services dependent on advance payment.
With regard to the rental, beverage or meal options offered, the option chosen in each case, but at least the lowest value offered, becomes an integral part of the contract upon signing the offer.
7) For event bookings already confirmed by customers in the Loft am Salzufer, 7 days prior to the event, a maximum of 10% of the original number of guests/visitors may deviate. At least 85% of the original value will always be charged.
8. if the organizer is not at the same time the actual client of the event, both are liable as joint debtors.
If the invoice recipient is not identical with the organiser, the organiser must submit a binding declaration by the invoice recipient regarding the assumption of costs.
The organizer also agrees that Location + Event Hospitality GmbH may in any conceivable case of non-compliance with the contractually agreed terms of payment make direct contact with any separate client of the organizer and inform them of the non-compliance with the contract or the terms of contract and payment.

§ 5 Securities and flat-rate claim for remuneration

1. location + Event Hospitality GmbH is entitled to demand an advance payment of 100% of the contract amount from the organizer. Advance payments are generally due no later than 28 days before the date of the event. However, Location + Event Hospitality GmbH is entitled to set the due date of the advance payment at an earlier or later date in individual cases.
If Location + Event Hospitality GmbH demands advance payment from the organizer within a certain period of time, acceptance of the order is subject to the condition precedent of timely payment. Location + Event Hospitality GmbH expressly reserves the right to cancel the event if the obligation to make an advance payment is not met. In this case, Location + Event Hospitality GmbH is entitled to withdraw from the contract and to claim damages for non-performance.
3 If the organizer terminates the contract, or if the event is not held for such reasons for which the organizer is responsible, Location + Event Hospitality GmbH can demand the following flat-rate compensation (cancellation fee) for the services and expenses incurred up to the time of termination as well as for lost profits
The organizer has the right to prove that Location + Event Hospitality GmbH has not suffered any damage or a damage in this amount. Location + Event Hospitality GmbH is then at liberty, in the event of a cancellation by the organizer, to make a lump sum payment for the damages incurred as a result of the cancellation of the event and to be reimbursed by the organizer, whereby the organizer is at liberty in each case to prove that no damages have been incurred or that the damages incurred by Location + Event Hospitality GmbH are lower than the lump sum demanded in each case and listed below. The lump sums on which Location + Event Hospitality GmbH bases its calculations are based on the corresponding experience of Location + Event Hospitality GmbH:
a) in the event of cancellation up to two months before the date of the event, Location + Event Hospitality GmbH is entitled to demand 70 % of the minimum turnover or the calculated gross turnover according to the contract.
b) In the event of cancellation up to one month prior to the date of the event, Location + Event Hospitality GmbH is entitled to demand 80 % of the minimum turnover or the calculated gross turnover according to the contract.
c) In the event of cancellation up to one week before the event date, Location + Event Hospitality GmbH is entitled to demand 90 % of the minimum sales or the calculated gross sales according to the contract.
d) In the event of cancellation at a later date, Location + Event Hospitality GmbH is entitled to demand 90 % of the minimum turnover or the calculated gross turnover according to the contract.
The above provisions do not apply if the event space is actually rented to another party under the same conditions. In the event of the event space being rented to another party at less favorable conditions, the organizer must pay at least the difference. Location + Event Hospitality GmbH reserves the right to claim further damages.
The above provisions also do not apply if, as a result of force majeure, it becomes impossible for the organizer to hold the event on the agreed date, which he must prove. The legal rights of the Organizer in cases of delay on the part of Location + Event Hospitality GmbH in the provision of services or in the event of impossibility of service provision for which Location + Event Hospitality GmbH is responsible remain unaffected.

§ 6 Obligations to provide services and fulfillment, preclusive period for notification of defects, prohibition of assignment

1. Location + Event Hospitality GmbH is not responsible for delays in delivery and service due to force majeure and due to events that make it considerably more difficult or impossible for Location + Event Hospitality GmbH to provide its services, including in particular strikes, lock-outs, official orders, even if they occur at suppliers or sub-suppliers, even if binding deadlines have been agreed.
The organizer must immediately notify Location + Event Hospitality GmbH of obvious defects in the service orally and in writing within 2 weeks of the date of the event at the latest. Delayed notification of defects leads to the exclusion of the warranty and liability of Location + Event Hospitality GmbH.
3. claims against Location + Event Hospitality GmbH are not assignable if the organizer is an entrepreneur

§ 7 Liability

1 The liability of Location + Event Hospitality GmbH for simple negligence is excluded, provided that no essential contractual obligations are violated.
2. in the event of a breach of essential contractual obligations, Location + Event Hospitality GmbH’s liability for damages in cases of simple negligence is limited to the foreseeable, contractually typical, direct average damage that is typical for the type of agreement.
Insofar as liability is excluded or limited under these provisions, this also applies to the vicarious agents and assistants of Location + Event Hospitality GmbH.
4. the above exclusions and limitations of liability do not apply in the case of culpable injury to life, body or health of persons, in the case of warranted characteristics and in the case of legal liability under the Product Liability Act.

§ 8 Noise protection, corporate design, house rules

1 All technical inquiries must be handled by Location + Event Hospitality GmbH.
2. the volume of music or other sounds is determined by the Location + Event Hospitality GmbH/Location Partner exercising the domiciliary right and is limited to 90 decibels in the location. Location + Event Hospitality GmbH is entitled to determine or regulate the volume of music or other sounds.
3 The organizer insures the location to be used only in accordance with the event and as is customary. Especially “orgies” and similar activities are strictly prohibited. Location + Event Hospitality GmbH/Loft am Salzufer have the right to terminate the event prematurely in the event of non-compliance and to take legal action if necessary.
4. when naming Loft am Salzufer or any print or mail layouts, the corporate design of Loft am Salzufer must be adhered to (especially logo integration if available). In the event of non-compliance, we feel compelled to impose a contractual penalty of 1,000.00 EUR.
5) The organizer is obligated to notify GEMA, General Directorate Berlin, at least 14 days before the day of the event, of any form of performance on the event contract using music of any kind. Postfach 301240, 10722 Berlin. The organizer must provide the Location + Event Hospitality GmbH/Loft am Salzufer with appropriate proof of registration to GEMA at least 7 days before the date of the event. Fees incurred in connection with the above-mentioned performances are generally borne by the organizer. This also applies if the organizer has failed to notify the GEMA in time and for this reason the Location + Event Hospitality GmbH/Loft am Salzufer is claimed by the GEMA. All fees charged by the GEMA and the KSK (artists’ social security funds) for the performance of disc jockeys or artists on the day of the event will also be paid by the organizer.

§ 9 Written form requirement

Any requests for changes and additions to the event contract must be made in writing. If handwritten changes are made to the contract, they must be confirmed by the organizer with the company stamp, date and signature of an authorized person and countersigned by Location + Event Hospitality GmbH.

§ 10 Withdrawal and cancellation

1. the operator is entitled to withdraw from the contract for objectively justified reasons. This applies in particular in the case of force majeure or other circumstances beyond the control of the Operator, which make the fulfilment of the contract impossible, in particular such circumstances which lie outside the sphere of influence of the Operator.
2. the operator has to inform the organizer of the exercise of the right of withdrawal immediately.
3. the organizer has no claim for damages against the operator, unless the withdrawal from the contract is due to intentional or grossly negligent conduct of the operator. The organizer is obliged to agree this limitation of liability with effect for the operator – in the form of a contract in favour of third parties – also with the participants of the event.

§ 11 Right of termination

1. the operator has the right to terminate the event contract if the publication or the circumstances of the planned event affect the operator’s essential interests or the operator has justified reason to believe that the event threatens to jeopardize the smooth business operations, the security or the reputation of the house or the guests. In this case the organizer is not entitled to any claims for damages against the operator.
2 The legal rights of termination of the operator remain unaffected.

§ 12 Final provisions and place of jurisdiction

1. the contractual relationship is subject exclusively to German law.
As far as the organizer is a businessman in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, Berlin is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. In the event that the local court has jurisdiction, the local court of Berlin shall have jurisdiction.
Should individual clauses of these General Terms and Conditions of Contract and Payment be or become invalid, this shall not affect the validity of the remaining provisions of the contract. In this case, the invalid provision shall be supplemented or amended in such a way that the purpose intended by it is achieved.