General Terms and Conditions of Contract (GTC)
for Event Premises and Related Services of
Gerresheim serviert GmbH & Co. KG

I. Scope of application

1. These GTC are applicable to all event rooms, events of any kind as well as all associated services of Gerresheim.

2. The written consent of Gerresheim is required for subletting. § 540 para. 1 sentence 2 of the Civil Code (BGB) is waived.

3. Any terms and conditions of the Customer shall only be applicable if this has been explicitly agreed in writing in advance.

II. Contract conclusion, partners, liability

1. The contract is concluded upon Gerresheim's acceptance of the Customer's application. Offers submitted by Gerresheim shall be non-binding until confirmed in writing by Gerresheim.

2. If the Customer does not act as organizer or if the Customer involves a third party (e.g. organizer, commercial agent, arranger), then the third party shall be jointly and severally liable with the Customer for all obligations arising from the agreement, provided that Gerresheim has received a corresponding declaration from the third party.

3. Gerresheim accepts liability with the diligence of a prudent merchant. Claims for damages on the part of the Customer are excluded. This does not apply to damages resulting from injury to life, body or health, the breach of essential contractual obligations which make the performance of the contract possible in the first instance if Gerresheim is responsible for the breach of obligation, other damages resulting from an intentional or grossly negligent breach of obligation by Gerresheim as well as damages resulting from an intentional or negligent breach of duties typical for the contract by Gerresheim. A breach of duty on the part of Gerresheim shall be deemed equivalent to that of a legal representative or vicarious agent.

4. Gerresheim will make every effort to rectify any defects. The Customer is obliged to mitigate the damage to the best of their ability and must immediately report the defect (including by their own guests). No-fault liability in accordance with § 536a Para. 1, 1. Alt. BGB is excluded, likewise claims in accordance with § 539 Para. 1 BGB.

5. All items brought into the event premises by the Customer, their guests or other third parties at the Customer's behest shall be at the Customer's risk. Gerresheim shall not be liable for loss, destruction or damage, including financial loss, except in cases involving gross negligence or intent on the part of Gerresheim. Should there be a duty of safekeeping in place, Gerresheim's liability shall be limited to compensation for the present value of the item.

6. If the Customer or their guests use the parking spaces of Gerresheim for a fee or free of charge, then Gerresheim is not obliged to assume safekeeping of the vehicles. There is no surveillance.

III. Equipment, suitability

The condition and equipment of the event premises upon conclusion of the contract constitute the contractual condition. The event space is generally suitable for holding events. No suitability for a specific event purpose is warranted.

IV. Withdrawal of Gerresheim, refusal of handover

1. If the right of the Customer to withdraw from the agreement at no cost has been agreed, Gerresheim is entitled to withdraw from the agreement within the withdrawal period if a third party requests the booked event premises and the Customer does not waive their right to withdraw from the agreement after Gerresheim has given reasonable notice.

2. Gerresheim shall be entitled to withdraw from the contract if an agreed advance payment is not made.

3. Gerresheim is entitled to withdraw in the event that performance is impossible due to force majeure or other circumstances not attributable to Gerresheim; in the event of bookings made under misleading or false statements of material facts, e.g. the Customer or purpose; in the event of justified concerns regarding the event jeopardizing the smooth running of the business, the security or the public reputation of Gerresheim, without this being attributable to Gerresheim's area of control or organization (e.g. in the event of political, sexist, pornographic, extremist, racist, anti-Semitic, violence-glorifying, insulting, inflammatory, inhuman, prohibited or other immoral content); in the event of unauthorized subletting. The Customer shall not be entitled to compensation in the event of justified withdrawal.

4. Gerresheim is entitled to refuse to hand over the event premises if the Customer (a) has provided untruthful information about the background to its person or the planned event, (b) has not made an agreed advance payment, (c) has not provided evidence of its own insurance to cover the event risks or (d) has not submitted an agreed safety or hygiene concept.

V. Number of participants/ event time

1. A minimum number (guaranteed number) and a maximum number (maximum number) of participants are contractually agreed. Up to 10 working days before the start of the event, it can be reduced to the guaranteed number. If the number of participants is below the guaranteed number, then the Customer is obliged to bear the costs for the missing guaranteed participants.

2. If the number of participants is higher than the guaranteed number, it is the Customer's duty to announce the additional participants no later than 10 working days prior to the event. Non-compliance with this time frame means that Gerresheim is unable to guarantee that the event will be conducted with due care.

3. The Customer guarantees compliance with the maximum number of visitors over the duration of the event. It is the responsibility of the Customer to monitor and provide evidence of compliance.

4. In the event that the start or end times of the event are postponed and Gerresheim consents to such deviations, Gerresheim may charge a reasonable fee for the additional readiness to perform, notwithstanding any fault on the part of Gerresheim.

VI. Bringing in food and drinks, advertising, prices

1. Bringing your own food and drinks requires prior written approval.

2. Any kind of publication by the Customer in which reference is made to the venue is subject to the written consent of Gerresheim.

3 All final prices stated are inclusive of the applicable statutory VAT. Should tax rates change or additional public levies be introduced following conclusion of the contract, Gerresheim is entitled to adjust the agreed prices accordingly.

4. Costs incurred after conclusion of the contract that are not attributable to Gerresheim shall be paid additionally by the Customer. These may include, for example, additional costs arising from the operating regulations of the Assembly Venues Ordinance (e.g. appointment of fire protection officers, preparation and approval of seating plans, preparation or adaptation of security concepts, also due to subsequent changes to the risk status of the event, appointment of security staff), security measures required subsequently or to be taken at Gerresheim's reasonable discretion, to the extent not recognizable with reasonable care when the contract was concluded, costs due to any changes to event content, event schedule and number of participants, etc.

VII. Change of booking, force majeure

1. Any change to the agreed service components shall always require written confirmation from Griesheim, taking into account the resulting adjustment of the agreed prices as an acceptance of a corresponding change offer from the Customer.

2. “Force majeure” releases the Customer and Gerresheim from their contractual obligations. Force majeure includes: war, flooding or announced flooding adversely affecting the event venue, occupation, riot, strike, breakdown of utilities, general ban under public law on events of the type envisaged.

VIII. Technical installations, equipment, music, noise 

1. To the extent that Gerresheim procures technical or other equipment from third parties at the Customer's request, Gerresheim shall act in the name, on the authority and for the account of the Customer. The Customer bears liability for careful handling, compliance with the intended use and safety regulations as well as orderly return. They shall release Gerresheim from all third-party claims in this regard.

2. The use of the Customer's own electrical equipment on Gerresheim's electricity network requires the written consent thereof. Any disruptions or damages to the systems of Gerresheim resulting from this shall be borne by the Customer, to the extent that Gerresheim is not responsible for them. The electricity costs arising from the use may be recorded and charged by Gerresheim on a flat-rate basis.

3. Affixing any kind of sticker to the event areas (inside and outside) is not permitted. Prior consent from Gerresheim is necessary for the installation/attachment of decorations or advertising.

4. Gerresheim is entitled to charge the Customer for any actual disposal costs for waste or other items left behind by the Customer and for any special cleaning of the rooms in connection therewith.

5. The Customer hereby guarantees Gerresheim that the equipment and decoration brought in by the Customer poses no danger to the legal interests of Gerresheim or third parties and that all applicable public law regulations are adhered to. The Customer shall release Gerresheim from all third-party claims in this regard. The Customer is obliged to remove all equipment, decorations and other items brought in by them from the premises and other usable areas at the end of the agreed period of use and to restore them to their original condition. In the event that the Customer fails to do so, Gerresheim may undertake the removal and storage at the expense of the organizer.

6. Faults in technical or other equipment provided by Gerresheim shall be immediately rectified wherever possible. Payments cannot be withheld or reduced unless Gerresheim is responsible for such disruptions.

7. A volume of 90 dB (85 dB without bass) may not be exceeded in the event premises with the windows and doors closed. If the Customer fails to comply with Gerresheim's or its staff's request to lower the volume, then Gerresheim may terminate the event.

IX. Official permits, special levies

1. The Customer is responsible for obtaining any permits required for holding their event in good time and at their own expense. These must be demonstrated to Gerresheim prior to the start of the event.

2. Any costs for GEMA or other copyright collecting societies shall be borne by the Customer. Gerresheim must inform GEMA after the event.

3. The Customer is responsible for paying any social security contributions for artists incurred by persons hired or otherwise involved in the event.

X. Security, insurance, duty to ensure public safety

1. Gerresheim will not provide security; only Gerresheim employees will be present during the event. The event areas are unattended when not in use and the rooms are only locked.

2. The Customer is responsible for insuring their business, their event, the items they bring in against loss, theft, vandalism etc. and their visitors and, at Gerresheim's request, for providing proof that they have insurance cover. The insurance must fulfill the following minimum conditions: Insured sum of € 4 million for personal injury, € 5 million for property damage under explicit coverage of property damage to the event rooms, € 250,000 for financial losses.

3. The Customer shall be responsible for ensuring public safety at their own expense, except where otherwise agreed. To the extent that Gerresheim assumes the duty to ensure public safety, the Customer is obliged to support and ensure compliance for themselves and their guests by keeping all escape and rescue routes clear; observing the maximum permitted number of persons (visitors, participants, employees, etc.); observing the seating plan, only using decorations that are flame-retardant; keeping combustible material away from sources of ignition (e.g. spotlights); the presence of a competent person who is responsible for the Customer and authorized to make decisions during set-up, the duration of the event and dismantling.

4. The Customer is obliged, to the extent not specified by Gerresheim at its reasonable discretion, to only commission service providers approved for the respective assignment (security service, medical service, etc.) and to provide evidence of this upon request. Gerresheim is entitled to reject what the Customer has selected if there is an important reason for doing so.

XI. Hazardous goods

1. Open fires are not permitted, with the exception of candles in fireproof containers as table decorations. There is a strict smoking ban in all rooms. Systems or equipment using liquid gas must not be brought in or operated.

2. Pyrotechnics, explosive substances, balloons or other objects containing gases other than air, drones or other aircraft are not permitted to be brought in or used without the prior written consent of Gerresheim. The Customer is required to obtain the necessary official approvals prior to entry and use and to provide Gerresheim with proof thereof.

XII. Consumer protection information

1. Gerresheim is neither willing nor under an obligation to participate in dispute resolution proceedings before a consumer arbitration board.

2. The EU provides an internet platform for online dispute resolution (ODR platform) for out-of-court dispute resolution for online purchase or service contracts entered into with consumers. We refer to the access link in accordance with Art. 14 of Regulation (EU) No. 524/2013 (ODR Regulation): https://ec.europa.eu/consumers/odr

XIII. Final provisions

The registered office of Gerresheim shall be the place of performance and payment. The exclusive place of jurisdiction in commercial transactions or if the Customer has no general domestic place of jurisdiction shall be the registered office of Gerresheim. German law is applicable with the exclusion of the UN Sales Convention and the conflict of laws. Should individual provisions of these GTC be invalid or void, the validity of the remaining provisions shall not be affected by this.