General Terms and Conditions for Events at the Boxberg Forum (BF) operated by Driving Concept GmbH
- The following General Terms and Conditions apply to all of our contracts regarding the rented use of the event rooms and training and presentation spaces of BF for the implementation of events such as presentations, seminars, meetings, etc. and the related services of BF, particularly where services are rendered in future as a result of a verbal agreement.
- Written consent must be obtained in advance from BF without exception before the rented rooms, spaces or equipment are sublet.
- All transactions are subject exclusively to our General Terms and Conditions. Deviations from or supplements to these conditions by the orderer, as well as side-agreements, are only binding if they have been expressly agreed to by us in writing.
(The terms and conditions of the organiser shall only apply if these have been expressly agreed to in writing.)
Conclusion of the contract, contractual partner, contractual liability
- The contract shall come into force upon booking confirmation of BF to the organiser; these are the contractual partners.
- In cases where the customer and the event organiser are not one and the same, or the organiser has commissioned a commercial agent or organiser, these additional parties accept joint liability for all contractual obligations.
- BF and any auxiliary agents working on its behalf accept liability for compensation claims asserted by the contractual partner or organiser or participants due to faulty contractual performance, culpa in contrahendo and unlawful acts as follows:
Liability for personal damages falls in line with legal provisions.
Liability for pecuniary damages is excluded.
Limitations to liability do not apply insofar as damage to privately used items under the German Product Liability Act, cases of gross negligence or wilful intent, or violation of essential contractual obligations or absence of demonstrably warranted properties are already covered under contractually foreseeable damages.
In cases where the contractual partner and the event organiser are not one and the same, the contractual partner agrees to release BF and/or auxiliary agents working on its behalf from liability for the organiser or participants, insofar as this is permissible under law.
(BF accepts liability for its contractual obligations. This liability shall be limited to defects in performance which can be attributed to BF due to gross negligence or wilful intent, with the exception of the typical field of the performance.)
Services, prices, payment
- BF agrees to render the services ordered by the organiser and agreed to by BF.
- The organiser agrees to pay the price agreed to with BF for these services. This also applies to services and expenses incurred by BF from third parties in connection with the event.
- The agreed prices include the applicable statutory VAT. Any VAT increases shall be borne by the organiser. If there is a period exceeding 6 months between the conclusion of the contract and the event, and during this period the prices charged by BF in general for the services in question increase, the contractually agreed price may also increase accordingly, but by no more than 10%.
- Invoices issued by BF without a due date shall be payable within 14 days of receipt without deduction.
- In the case of late payment of an invoice, BF is entitled to cease all further and future services for the organiser, as long as BF has issued a warning with a set deadline for payment and has informed the organiser of the consequences of non-payment.
- BF is entitled to request a down-payment at any time. The amount of the advance payment and the date of payment may be agreed in the contract in writing.
Withdrawal by the Boxberg Forum (BF)
- Should the advance payment not be paid after a reasonable time period set out by BF has expired, BF is entitled to withdraw from the contract.
- Furthermore, BF is entitled to withdraw from the contract for justifiable grounds, such as where:
- force majeure or other circumstances have occurred for which BF is not at fault and because of which BF is unable to fulfil the contract.
- events have been booked under misleading or false information about the organiser or purpose of the event, for example.
- BF has good reason to believe that the event may pose a risk to smooth operation, safety or the public image of BF.
- a breach of the scope as specified in section 2 has occurred.
- BF must inform the organiser immediately of its withdrawal from the contract.
- The organiser is not entitled to claim compensation from BF except in cases of gross negligence or wilful intent on the part of BF.
Withdrawal by the organiser
- The organiser can withdraw from the contract in writing up to 60 days before the event free of charge. Cancellations after this period are subject to payment of 80% of the agreed price, based on the contractually agreed number of persons and scope of services. Contractually agreed preparation costs for the reserved rooms are charged without deduction. The specified cancellation fee also applies if the agreed services are only partially cancelled by the organiser.
- The organiser is entitled to provide evidence that the actual amount due or damages incurred either do not exist at all or are significantly lower than the requested fee.
Changes to the number of participants/scope of the booking
- The organiser must inform BF of the final number of participants at least five working days before the start of the event. Should the actual number of participants be lower than the final number given by the organiser, this shall be taken into account in the invoice by max. 5%. If the number of participants decreases by more than 5%, this shall not be taken into account in the invoice and the cost shall be borne by the organiser. Should the actual number of participants be higher than the final number given by the organiser, this shall be taken into account in the invoice.
- If the number of participants exceeds the agreed number by more than 10%, BF is entitled to recalculate the agreed price and exchange the confirmed rooms unless the new rooms are unacceptable to the organiser.
- BF may reserve space for the organiser within the framework of a no-obligation rental query. If no contract is concluded within the set timeframe, BF is entitled to cancel the reservation of the rooms/space automatically upon expiration of said timeframe.
Extensions, additional services
- Reserved rooms/spaces are available to the organiser only within the timeframe agreed upon in writing; usage exceeding this timeframe must be authorised by BF.
- The organiser accepts joint liability for costs incurred in addition to the agreed contractual services, for things such as fuel, telephone lines, electricity, extra food/drinks, etc.
- Music used at events must be registered by the organiser with the German Society for Musical Performing and Mechanical Reproduction Rights (GEMA) in advance. The organiser shall be responsible for paying the GEMA fees. The organiser indemnifies BF from all liability regarding any GEMA requirements.
Provision of own food and drinks
- The organiser is not permitted to bring in food and drinks to events.
Technical equipment and connections
- Insofar as BF obtains technical and other equipment from third parties at the organiser’s instance, said equipment is the organiser’s in name, authority and for invoicing. The organiser is responsible for the careful handling and proper return of the equipment. The organiser indemnifies BF from all liability arising from third party claims due to the surrender of the equipment.
- Written consent must be obtained from BF where the organiser wishes to use its own electrical equipment connected to BF’s electrical mains supply. The organiser shall be responsible for disruptions or damage to the technical equipment of BF caused by the use of the organiser’s own equipment, insofar as BF is not at fault. The cost of power incurred by the use of the organiser’s own equipment shall be recorded and charged at a flat rate by BF.
- Disruptions to technical or other equipment provided by BF must be corrected as soon as possible. Payments cannot be withheld or reduced, insofar as BF is not at fault for these disruptions.
Loss or damage to items brought in by the organiser
- The organiser brings its own exhibition or other, even personal, items to the rooms/space of BF at its own risk. BF does not accept any liability for the loss of damage to these items, except in cases of gross negligence or wilful intent on the part of BF.
- Decorative material introduced by the organiser must meet legal fire code requirements. BF is entitled to request official proof of this compliance. The assembly, setup and attachment of items must be agreed to in advance by BF due to the risk of possible damage.
- The packaging materials, exhibition or other items brought in by the organiser must be removed immediately after the event ends. Should the organiser fail to do so, BF is entitled to charge the organiser for the cost of removing and/or storing said items. If items are left in the event room, BF is entitled to charge rent for the room until said items are removed. The organiser is entitled to provide evidence that the actual damages incurred are significantly lower than the requested fee.
Liability of the organiser for damages
- The organiser is liable for any damage to the buildings or inventory caused by the organiser itself, the event participants, visitors, employees or other third parties on its part.
- BF is entitled to request securities to a reasonable amount from the organiser.
- Amendments or supplements to the contract, to the acceptance proposal or to these Terms and Conditions for events must be in written form. One-sided amendments or supplements by the organiser shall be invalid.
- The place of fulfilment and payment shall be the registered location of BF.
- Any disputes arising from this contractual relationship, in which BF is a registered trader, or a legal entity incorporated under or special entity subject to German public law, shall be settled in the court responsible for jurisdiction in the registered location of Driving Concept GmbH. This place of jurisdiction also applies in cases where the party with recourse changes its place of residence or permanent dwelling to a location not subject to the German Code of Civil Procedure after the termination of the contract or in cases where said party’s place of residence or permanent dwelling is not known at the time legal recourse is taken.
- This contract is subject exclusively to German law.
- Should individual provisions of these General Terms and Conditions for events be deemed null and void, the remaining provisions shall not be affected. A new provision or provisions shall be agreed in place of the invalid provision(s), which comes closest to expressing the commercial intent of the invalid provision(s). This contract is subject to legal provisions.