General Terms and Conditions of Spielfeld Digital Hub GmbH
The General Terms and Conditions of Business (GTCs) shall apply to all contracts made by Spielfeld Digital Hub GmbH (hereinafter ‘Spielfeld’) in the realm of event management with event “organisers/tenants” renting event spaces at Spielfeld (herein after event organisers/tenants).
1. Rented property (in particular: renting of event space)
1.1 The property is rented only for the period stipulated in the Event Agreement. The rental period includes times for set-up, any decoration works and breakdown.
1.2 The event organiser/tenant may only use the rented property for the approved purposes referenced in the contract. Any purposes of use which have not been confirmed are impermissible. It shall likewise be impermissible for event organisers/tenants to sublet or assign the rented property provided to them to third parties without Spielfeld’s prior written consent.
1.3 Upon expiry of the rented period, the event organiser/tenant shall return the rooms, items of property and devices provided to them back to Spielfeld in the same condition as they were when originally accepted from Spielfeld. No separate demand by Spielfeld to vacate the rented property shall be required. No tacit extension of the rental period is permitted.
1.4 Any alterations to the rented property whatsoever shall require Spielfeld’s prior written consent. Items of property, fixtures, super structures and the like must be removed by the event organiser/tenant by the end of the rental period, leaving nothing behind, and the original condition must be restored.
1.5 The event organiser/tenant shall be financially responsible for soiling or wear and tear exceeding the normal level to be anticipated in light of the type of contract, even if Spielfeld has assumed responsibility for final cleaning.
1.6 The event organiser/tenant shall procure information from Spielfeld regarding loading capacity prior to loading the floors, stages, stage elements or other building components at Spielfeld. Absent Spielfeld’s prior written consent, no suspension points may be fitted or used.
1.7 As a basic rule, the hire of event space shall not include any additional furnishings or equipment (e.g. chairs, cloakrooms, additional tables), event or conference technology (e.g. light/sound systems, Internet) or further services (e.g. food and drink, service staff).
1.8 Fixed installations of technical equipment within the event spaces, in particular sound and light systems, may only be operated with Spielfeld’s consent, and only subject to the oversight of Spielfeld’s staff.
1.9 Electrical equipment may only be connected to the power supply to the extent that the power capacity, regarding which the event organiser/tenant has previously enquired, is not exceeded.
1.10 The designated emergency exits must always be kept free.
1.11 A general smoking ban and a prohibition on open flame (including candles) applies in all of the event spaces. The event organiser/tenant bears a duty to enforce these bans with respect to its visitors.
2. Additional furnishings and third-party services
2.1 Any third party provision of additional furnishings (e.g. chairs, cloakrooms, additional tables), event or conference technology (e.g. light/sound systems, Internet) and further services (e.g. food and drink, service staff) shall be permitted only where coordinated in advance with Spielfeld.
2.2 Where third parties are engaged in connection with this, the event organiser/tenant shall bear a duty to ensure that they comply with these GTCs (in particular with “1. Rented property”).
3. Duties of event organiser/tenant
3.1 The event organiser/tenant shall provide Spielfeld with any information and documents required to enable Spielfeld to perform its contractually agreed services in a timely manner, and/or within the agreed periods.
3.2 The event organiser/tenant shall ensure that the event spaces/items of property provided to it in connection with the event are handled with care and that damage to such items is avoided. For this reason, all activities (unless already clear from the substance of the Event Agreement) must be coordinated in advance with Spielfeld.
3.3 The event organiser/tenant shall appoint an event director in writing prior to the event, who shall be present during the entire event and who shall be capable of being reached by Spielfeld.
3.4 The event organiser/tenant shall comply with all public order requirements under administrative law applicable to the event and to the event spaces (in respect of police, fire-brigade and public order authorities). Spielfeld/its agents may issue instructions which must be complied with.
3.5 The event organiser/tenant shall duly register the event with all relevant offices/bodies, to the extent necessary, upon its own responsibility (GEMA, Artists Social Insurance Fund [Künstlersozialversicherung] etc.) and shall procure all consents, permits etc. of public authorities necessary for the event at its own cost and expense/shall be responsible for any fees arising. The event organiser/tenant shall furnish proof of its performance of the above-referenced duties upon request.
3.6 The event organiser/tenant shall, to the extent necessary, ensure sufficient numbers of fire-brigade staff (fire marshal),
medical services and EMTs.
4. Artists/Trainers/ External speakers
Where the subject-matter of the agreement includes inter alia an artistic presentation or training programme, and wherethe artist or trainer/external speaker referred to in the contract does not appear or cancels his appearance/participationafter receipt of the event contract, Spielfeld shall be entitled to procure a substitute of equivalent value, provided thatthis is reasonable to the event organiser/tenant under the circumstances of the individual case.
5. Prices/Invoicing/Terms of payment
5.1 The agreed prices are quoted net subject to the statutory rate of VAT. Any increases in VAT following the date the contract is concluded shall be borne by the event organiser/tenant.
5.2 Spielfeld is entitled to demand a reasonable prepayment.
5.3 Spielfeld shall issue a proper statement of charges. All expenses, ancillary costs and expenditures which Spielfeld is not required to bear pursuant to the description of services shall be charged to the event organiser/tenant on the basis of actual expenditure and/or consumption.
5.4 Set-off or the assertion of any right of retention by the event organiser/tenant shall only be permitted on the basis of counterclaims which have been acknowledged or adjudicated with res judicata effect. The event organiser/tenant shall only be authorised to exercise a right of retention to the extent his counterclaim is based on the same contractual relationship.
6. Number of attendees (in particular: changes to number of attendees)
6.1 An increase in the agreed number of attendees is only permitted with Spielfeld’s consent. Any additional costs resulting
from this shall be borne by the event organiser/tenant.
6.2 Any reduction in the number of attendees and/or of the scope of services shall have no impact on the amount of agreed
7. Notice of termination/Cancellation by the event organiser/tenant
7.1 The event organiser/tenant may terminate the contractual relationship at any time and without the need to indicate grounds of termination, by providing a corresponding written declaration to Spielfeld. However, the event organiser/tenant shall remain obliged to pay the agreed compensation for the booked services as per section 7.2.
7.2 Where the event organiser/tenant terminates the contractual relationship after contract execution, organiser/tenant has to compensate Spielfeld as follows:
After contract execution and up to 30 days prior to the date of the event: 25% of contract sum;
From 30 days prior to the date of the event: 50% of contract sum;
From 14 days prior to the date of the event: 100% of contract sum.
7.3. If the event can’t take place due to force majeure, each of the parties to the contract shall bear their own expenses as incurred at that time. Where Spielfeld has advanced expenses for the organizer/tenant (catering, service personnel, sound/video technician, furniture rental) which would have been repayable under the terms of the contract, the organizer/tenant shall in every case be under obligation to repay these expenses.
8. Right of rescission/Extraordinary termination by Spielfeld
8.1. Where prepayment is not made even after a reasonable grace period set by Spielfeld, by which Spielfeld gives notice of potential rescission, has elapsed, Spielfeld shall be entitled to rescind the contract.
8.2. In addition, Spielfeld shall likewise be entitled to rescind the contract on an extraordinary basis for good cause, for example where
8.2.1. force majeure or other circumstances for which Spielfeld bears no fault render it impossible for Spielfeld to perform the contract
8.2.2. misleading or false statements of material facts, i.e. regarding the identity of the customer or the purpose, are made in connection with booking of the event
8.2.3. Spielfeld has just cause to believe that the event may pose a risk to unimpeded business operations, public security or Spielfeld’s public image, without this being attributable to Spielfeld’s sphere of responsibility and organisation.
8.3. Spielfeld shall notify the event organiser/tenant promptly prior to exercising its right of rescission.
8.4. The event organiser/tenant shall have no claim for compensatory damages against Spielfeld except in cases of intentional acts or omissions or gross negligence. Any payments which may have been previously made for which there is no countervailing consideration shall be refunded immediately to the event organiser/tenant.
9. Liability of Spielfeld
9.1 Spielfeld’s liability is limited to gross negligence and intentional acts by its legal representatives, vicarious agents, authorised persons or employees, as well as cases of fraud. In the event of a breach of material contractual obligations, Spielfeld’s liability shall be limited to such damages as are typically foreseeable. The foregoing limitations on liability shall not apply to losses arising from injury to life, limb or health; in such cases, Spielfeld shall also bear liability for other forms of negligence.
9.2 Deficiencies in Spielfeld’s contractual performance shall entitle the event organiser/tenant only to abatement of the fee or to claims for damages where the event organiser/tenant has given written notice of the deficiency to Spielfeld and has granted Spielfeld the opportunity and a reasonable time to remediate the same, provided that the circumstances of the contract permit this.
10. Liability of event organiser/tenant
10.1 The event organiser/tenant shall be liable to Spielfeld for all damages to persons, property and pecuniary interests directly or indirectly caused by it, its authorised persons, vicarious agents or other agents or other individuals attributable to it, in particular visitors to its event. The foregoing shall, in particular, also encompass all losses arising as a result of civil disruption, fire, panic or similar events.
10.2 The event organiser/tenant shall also bear liability for costs incurred by Spielfeld where Spielfeld, as the landlord, is sued by third parties in external relations for events and circumstances relating thereto, which are attributable to the event organiser/tenant. These shall, in particular, also include public charges, fines or other penalties or payment obligations and the costs of legal counsel to defend and prosecute legal rights.
10.3 The event organiser/tenant shall indemnify and hold Spielfeld harmless against all third-party claims (irrespective of whether these are of a private or a public-law nature) asserted against Spielfeld, where it or its vicarious agents or assistants bear responsibility for causing them or are liable in damages inter se.
11. Loss or damage to items of property brought on to the premises
Items of personal property brought on to the premises, or other items of property brought on to the premises at the time of the event shall, unless otherwise agreed, be deemed present in the event spaces at the event organiser’s/tenant’s risk. In respect of these, the event organiser/tenant assumes a duty of surveillance and safekeeping. Spielfeld assumes no liability for loss, peril or damage to such items.
12.1 Ideas and concepts outlined by Spielfeld shall remain Spielfeld’s intellectual property. Any further use, disclosure thereof to third parties or realisation in whole or in part shall require Spielfeld’s consent.
12.2 Spielfeld is authorised to document by means of photographs and other visual impressions of the Spielfeld premises themselves and events presented there on video and audio media of any kind, and to disseminate them for business purposes, for proprietary advertising and marketing purposes or to publish them provided that no public policy
considerations or personality rights would constitute an obstacle to such dissemination.
12.3 The event organiser/tenant hereby grants Spielfeld, in addition, the irrevocable right, unlimited in time, to refer to the user’s company and the associated logo for reference purposes, and to show these in writing/in images in the usual contexts (web presence, presentation brochure etc.).
13. Final provisions
13.1 The details of contracts and related contractual documents must be treated with confidence.
13.2 Jurisdiction and venue for all disputes arising out of this contract shall lie with the courts of Berlin. German law shall apply, but excluding the United Nations CISG.
13.3 No amendments or addenda to the event agreement, of any acceptance of an application or of these Terms and Conditions shall be valid unless given in writing. The foregoing shall also apply with respect to the amendment of this written form requirement. Unilateral amendments or addenda by the event organiser/tenant shall not be valid.
13.4 In the event that individual terms should be deemed invalid in whole or in part, or should lose their legal validity at a later time, the validity of these General Terms and Conditions of Business shall not in other respects be affected thereby. In such case, the parties undertake that they shall agree a valid provision to replace the invalid term which, to the extent legally possible, comes the closest to the parties’ interests as expressed in these General Terms and Conditions. The foregoing shall also apply in the event that any potential gaps should need to be filled.