General Terms and Conditions

Transcription

1 General Terms and Conditions for events at the conference and event center Quadriga Forum Berlin GmbH, trading as Quadriga Forum Konferenz und Tageszentrum Werderscher Markt 13, D Berlin, Registration court AG Charlottenburg, commercial registry number HRB , (hereafter: Quadriga Forum Conference and Event Centrum) I. Area of application 1. These terms and conditions are valid for contracts with rental agreements for conference rooms, banquette and event rooms of the conference and event centrum, to assign them to any host so he/she may execute his/her events, seminars, conventions, daily events, exhibitions and presentations, etc. as well as granting him/her all Quadriga Forum conference and event centrum related services and supplies. 2. To sublet or sublease any of the assigned rooms and space as well as invitations to interviews, selling or any similar events need to have a written agreement of Quadriga Forum conference and event centrum. 3. General terms and conditions are only applicable for the host, if it has been explicitly agreed between concerning parties. II. Contractual agreement, -partner, -liabilities 1. The contract becomes valid for the concerning event host with the acceptance of the proposal of Quadriga Akademie Berlin GmbH; these are the contractual partners. 2. In case of that the customer or purchaser is not the actual host him/herself or the host is using an agent or promoter, they are liable with all their personal assets to their contractual obligations as well as the host. 3. The Quadriga Forum conference and event centre is liable to all obligations agreed upon in the contract. This liability is limited to deficits of service/benefits, which happened on intention or gross negligence by Quadriga Forum conference and event centrum, except if it is part of a typical service. In case of the event that an unusual high damage could occur the host is obligated to inform the Quadriga Forum conference and event centrum as soon as possible. Liabilities are not limited in case of personal injury.

2 III. Service, Prices, Payments, Offsets 1. Quadriga Forum Conference and Event Centrum is obligated to provide all services promised by the Quadriga Forum Conference and Event Centrum, and ordered by a customer. 2. Every customer is obligated to pay the previous agreed upon price for claimed and every following claimed services provided by Quadriga Forum Conference and Event Centrum. If furthermore any services are claimed which are not previously agreed upon, prices from the price-list come into effect, otherwise adequate compensation is necessary. These terms are also befitting for services induced by the customer and expenses of the Conference and Event Centrum towards third parties, especially demands of copyright collectives. (E.g. GEMA) 3. If the time between the contractual agreement and contractual conformance exceeds four months and if the general list-price between both parties agreed upon for Quadriga Forum Conference and Event Centrum services changes within these four months, the contractual agreed upon price can be adjusted, but only for a maximum of 10%. 4. Invoices of Quadriga Forum Conference and Event Centrum without due date are payable without deduction within ten days after acquisition of invoice. In case of delay of payment Quadriga Forum Conference and Event Centrum is authorised to incur the appropriate legitimate interest on late payments currently amounting to 8% above base rate or in case of legal transactions, where the consumer is participating, to charge 5% interest the above base rate. Quadriga Forum Conference and Event Centrum reserves all the rights to proof for higher damages. The organizer reserves all the rights to proof for lower damages. 5. Upon conclusion of the contract, the Conference and Event Centrum is entitled to request a reasonable advance payment or security deposit (credit card guarantee or cash down-payment) from the organizer. Unless otherwise agreed upon, advance payments and security deposit are due at the time of conclusion of the contract. 6. In justified cases, e.g. payment default of the organizer or extension of the contract, the Quadriga Forum Conference and Event Centrum is entitled to request advance payment and security deposit also after conclusion of the contract until the beginning of the event. Also, it may request an increase of the advance payment or security deposit agreed in the contract up to the total agreed remuneration. 7. The organizer may only set-off or reduce a claim by the Conference and Event Centrum or exercise a right of retention with a claim which is undisputed or decided with final, res judica effect. 8. In case of loss of rental income or postponement Quadriga Forum Conference and Event Centrum is not liable for any travel and accommodation expenses or expenses incurred by loss of working hours. 9. Software installs and hardware solutions deviating from our standard installs are to be charged. Therefore, the prices of Quadriga Akademie Berlin GmbH shall apply, according to the current price list.

3 IV. Cancellation or Withdrawal by the Organizer 1. A cancellation free of charge by the organizer is possible until 60 days prior to the start of the event. The cancellation must be declared in written form. If the cancellation takes place on or after the 60 th day prior to the start of the event, the following shares of the agreed total price has to be paid by the organizer: 60 till 41 days prior to the start of the event: 20% 40 till 21 days prior to the start of the event: 60% 20 till 8 days prior to the start of the event: 80% 7 till 3 days prior to the start of the event: 90% Afterwards: 100% 2. The organizer reserves the right to reduce the amount of charge if he is able to prove a minor damage of the Quadriga Forum conference and event centre. 3. The withdrawal by the organizer within the scope of default regulated by the law will remain unaffected. V.Cancellation or Withdrawal by the Quadriga Forum Conference and Event Centrum 1. The Quadriga Forum conference and Event Centrum is entitled to terminate the contract if the prepayment has not been made by the organizer even after the appropriate grace period with threat of refusal of performance specified by the Quadriga Forum conference and event centre. 2. Furthermore, Quadriga Forum conference and event centre is entitled to terminate the contract without notice on an extraordinary basis for a grave reason. This applies in particular if force majeure or other circumstances, which are untenable for the Quadriga Forum conference and event centre, prevent the compliance of the contract events have been booked under misleading or false statements of essential facts, for instance, about the organizer himself or the purpose of the event the Conference and Event Centrum has justified reason for assuming that the event might jeopardize the smooth business operation, the security or the public image of the conference and event centre without being attributed to the power and organization of the conference and event centre. premises will be dedicated to a third party by the organizer without the approval of the Quadriga Forum conference and event centre 3. In case of entitled cancellation by the Quadriga Forum conference and event centre, there will not emerge a compensation for damages by the organizer. Received services have to be granted back. The right to compensation and reimbursement of expenses by the Quadriga Forum conference and event centre remains unaffected. Apart from that II Nr. 3 applies. If the Quadriga Forum conference and Event Centrum makes use of its right of withdrawal, it has to inform the organizer instantly about it.

4 VI. Alterations to the event location, number of participants and event period 1. The organizer is not entitled to a particular room of the Quadriga Forum Conference and Event centre. The Quadriga Forum conference and event centre reserves the right to change the planned premises based on the availability at any time prior to the start of the event and to provide an adequate replacement if it informs the organizer instantly about it. This shall not apply if it is expressly agreed, if the new room is not suited for the agreed use or if alterations are not acceptable to the organizer due to other reason. It is considered as acceptable particularly if the organizer has announced a certain room to his guests, yet the Quadriga Forum conference and event centre ensures a clarifying signage locally after room changes. 2. Alterations to the number of participants must be reported to the Quadriga Forum Conference and Event Centrum by no later than 5 weekdays prior to the start of the event; a written consent by the Quadriga Forum conference and event centre is required. Subsequent reduction of the number of participants will not be taken into account in the calculations. The client remains at liberty to reduce the agreed price due to the actual expenses saved by the Quadriga Forum conference and event centre caused by the reduced number of participants. The client bears the burden of proof and producing evidence insofar. 3. If the number of participants increases, the actual number of participants will be charged. 4. If the agreed starting and closing time of the event will be postponed and if the conference and event centre agrees to the deviation, the conference and event centre is entitled to invoice the additional commitment appropriately unless the Quadriga Forum conference and event centre is at fault. VII. Bringing food or drinks; ban of smoking 1. The organizer is basically not allowed to bring food or drinks to the events. Exceptions require a written agreement with the Quadriga Forum Conference and Event Centrum. In this case, a value for the coverage of the overhead expenses will be charged. 2. Smoking is not permitted in the entire inner zone of the Quadriga Forum conference and Event Centrum. The organizer is responsible for compliance by his event participants or visitors, employees, vicarious agents or contracting parties. In case of noncompliance, the parties arrange a penalty of 100 at the organizer s charge. The parties remain at liberty to prove higher or lower costs, for instance, for cleaning etc.

5 VII. Technical Facilities and Connections; Other Services 1. As long as the Quadriga Forum Conference and Event Centrum purchases services or commodities (e.g. event technology) from third parties in demand of the organizer, it acts in the name, in the authority, and in charge of the organizer. 2. The organizer is liable for the good care and the proper return of commodities. The organizer indemnifies the Quadriga Forum Conference and Event Centrum for all demands of third parties to take over facilities and commodities. 3. The operation of the organizer s own electrical systems with the use of Quadriga Forum Conference and Event Centers energy requires a written confirmation of the same. Any damages at Quadriga Forum Conference and Event Centrum s facilities caused by the use of the organizer s own technical devises are chargeable to the organizer. The arising expenses of the energy utilization can be flat-rated and invoiced by the Quadriga Forum Conference and Event Center. 4. The organizer is allowed to use its own telephone-, telefax- and communication data facilities with the approval of Quadriga Forum Conference and Event Centrum. The Quadriga Forum Conference and Event Centrum is allowed to charge connection fees. 5. If Quadriga Forum s equipment remains unutilized on account of the implementation of the organizer s own devices, Quadriga Forum may charge a deficiency compensation fee. 6. Disturbances at facilities provided by Quadriga Forum Conference and Event Center are removed immediately wherever possible. As long as Quadriga Forum Conference and Event Center cannot be held responsible for any damages, payments are neither refundable nor reducible. IX. Loss or Damage of Brought Items 1. Any carried-on items or other, even personal objects which are in the event s rooms or in the rooms of Quadriga Forum Conference and Event Centrum fall under the organizer s risk. Quadriga Forum Conference and Event Center will not accept liability for loss, destruction or damage or indeed for financial loss, except in case of gross negligence or willful intent of Quadriga Forum Conference and Event Center. This provision has its exception in damage arising from injuries to life, limb or health. Also excluded from this liability disclaimer are individual cases in which safe custody represents a contractually typical obligation. 2. Any decorative materials brought into the Quadriga Forum Conference and Event Center needs to comply with the relevant fire safety regulations. Quadriga Forum Conference and Event Center is entitled to demand the according authority certificate. If no such documentation is provided, Quadriga Forum Conference and Event Center is entitled to remove from its premises any items that have already been brought along by the organizer and to do so at the organizer s expense. Due to the risk of damage, the erection, and affixing of such materials are to be coordinated in advance with the Quadriga Forum Conference and Event Centrum.

6 3. Any exhibits or other items brought into the Quadriga Forum Conference and Event Center are to be removed without delay once the event has finished. If the organizer fails to comply with this provision, Quadriga Forum Conference and Event Centrum may store and remove the objects at the expense of the organizer. If items remain in the event room, Quadriga Forum Conference and Event Center may charge an adequate usage fee for the amount of time until their removal. X. Liability of the Organizer for Damages 1. The organizer is liable for all damages to the building or the furnishings that are caused by him or by event participants, visitors, colleagues, or any other third parties associated with him or the organization. 2. Quadriga Forum Conference and Event Centrum can demand the implementation of appropriate securities from the organizer (e.g. insurances, deposit, guarantees). XI. Final Regulations 1. Place of performance and payment is Berlin. 2. The jurisdiction in commercial discourse in case the prerequisites of 38, section 2 ZPO are met, is Berlin. 3. If individual provisions of this General Terms and Conditions are or become ineffective, the effectiveness of the remaining provisions shall not be affected. For all other cases, legal considerations apply. as of Nov 2013