General Terms and Conditions

The following terms and conditions apply to all contracts concluded by EFA Gastronomie GmbH & Co. KG as the Contractor (AN) within the scope of event management, in particular for rental and service contracts with event organizers/clients/lessees, hereinafter referred to as the Client (AG), unless deviating and, in particular, more specific agreements have been made in these contracts.

Terms and conditions of the Client shall not become part of the joint contract, regardless of their context and content, unless the Contractor has expressly agreed thereto in writing.

Commercial Clients with whom a contractual relationship has already existed once on the basis of these General Terms and Conditions must also accept these terms and conditions as binding against themselves, even if they have not been handed over again.

If the identity of the Client or the character and/or the essential content of the event are unknown to the Contractor at the time the offer is submitted, the offer is generally subject to change without notice.

Proposals, the transmission of service and price lists, or the communication of available dates do not constitute offers.

Offers always refer to specific dates and locations. Prices and services for other dates (including other times of day) and locations may differ.

(1) A contract is concluded between the parties upon the signing of the written offer submitted by the Contractor.

(2) Components of the contract are, in addition to the signed offer, these General Contractual Terms and Conditions.

(3) All additional services require a separate commission and are not included in the offer price.

(1) The subject matter of the contract is the rented property, the exact spatial scope of which results from the offer. The subject matter of the contract may also include further services in the form of catering, staff, technology, etc.

(2) The rented property is rented exclusively for the purpose described in the offer. It may only be used for purposes other than those contractually agreed upon with the express written permission of the Contractor. There is no entitlement to such a contract amendment. The officially approved type of use must be complied with.

(3) Any changes to the rented property require written approval from the Contractor.

(4) Public meetings within the meaning of the Assembly Act (Versammlungsgesetz) are generally not permitted, regardless of whether admission is charged or not.

(5) Any commercial use of the rented property extending beyond the event is not permitted.

(6) The rented property is a place of assembly within the meaning of § 23 BetrVO Berlin (Berlin Operations Ordinance) and § 1 SoBeVO Berlin (Berlin Special Operating Regulations Ordinance). The Client is obliged to observe all resulting structural law regulations and, in particular, the fire protection regulations. The same applies to DIN standards, VDE regulations, VdS rules, and VPLT standards insofar as prescribed by law. This also applies to the service providers and cooperation partners engaged by the Client, for whose behavior the Client must answer pursuant to § 278 BGB (German Civil Code).

(1) The rented property is rented for the time specified in the offer. The times for setup, any decoration work, and dismantling are listed separately but are included in the rental period.

(2) The Client is aware that the rented property is required for other events immediately after the end of the rental period, which is why, in the event of default in return, a usage compensation corresponding to the rent must be paid and any further damages incurred must be compensated. The obligation to compensate also includes lost profits.

(3) The Client is aware that other events may take place in the same building alongside their event. No objections can be based on this circumstance. (e.g., in the ABION Spreebogen Waterside Hotel Berlin).

(1) The Contractor shall perform the agreed services properly.

(2) The execution and design of the events shall take place on the basis of the concept accepted by the Client. Significant changes will be coordinated with the Client.

(3) For the Contractor, the obligations as an operator specified in § 32 BetrVO Berlin apply.

(1) The Client undertakes to cooperate appropriately with the Contractor. In particular, the Client shall provide the Contractor with all information and documents required for the performance of its contractually owed services in good time or within the agreed deadlines.

(2) The Client must ensure that the premises or items provided to them in connection with an event are treated with care and that damage is avoided. All activities must therefore be coordinated with the Contractor in advance, unless they already result from the content of the contract.

(3) The instructions of the persons authorized by the Contractor must be followed. The Client shall also name an event manager in writing in advance of the event, who must be present during the entire event and accessible to the Contractor.

(4) The subject matter of the contract is exclusively the event specified in more detail in the offer and previously communicated by the Client. The Client must immediately inform the Contractor of any request to change the type of event, the occasion, or the purpose of the event. There is no legal entitlement to a change of the event or the contractual agreements. However, the Contractor will attempt to accommodate the wishes, but reserves the right in this case to order the restrictions necessary to protect its legitimate interests and to make use of the rights specified in more detail in § 8 of these General Terms and Conditions. Additional effort shall then be adequately compensated in accordance with the standard of the existing agreement.

(5) Upon expiry of the rental period, the premises, objects, and equipment provided for use must be returned to the Contractor in the condition in which they were taken over. If the condition was not expressly objected to in writing at the time of takeover, it shall deemed to be proper. A separate request to leave the rented property by the Contractor is not required. A tacit extension of the rental duration is excluded. § 545 BGB is waived.

(6) Items, fixtures, structures, and the like brought in by the Client or by third parties on their behalf must be removed by the Client by the end of the rental period without leaving any residue, and the original condition must be restored. Otherwise, after the end of the rental period, the Contractor may remove such items, fixtures, structures, etc. itself or have them removed by third parties at the Client's expense.

(7) The Client shall pay for any contamination or wear and tear that exceeds what is customary and to be expected according to the nature of the contract, even if the Contractor has assumed the obligation for final cleaning.

(8) The bringing of food and beverages is not permitted, unless otherwise agreed upon in individual contracts.

(9) The sale of goods requires the separate consent of the Contractor, unless already contractually permitted.

(10) Even partial subletting can only be carried out with the express permission of the respective entitled party. If permission has been granted, the Client shall be liable for the sublessee as for their own behavior under these General Terms and Conditions. The Client is also obliged to impose all of their contractual obligations, including these General Terms and Conditions, on their sublessee.

(11) Waste disposal shall be undertaken by the Client and must have taken place by the end of the rental period at the latest. The Contractor only assumes waste disposal in contractual cases where catering is also a contractual service in addition to the rented property.

(12) The Client must take into account the statutory provisions, in particular the Operations Ordinance, the Noise Protection Ordinance, as well as the relevant accident prevention regulations.

(13) The Client must observe and comply with the commercial law, regulatory, and fire police regulations applicable to the intended use, as well as the specifications of the laws on the protection of minors, under its own responsibility.

(14) The Client is the organizer within the meaning of the BetrVO Berlin.

(15) The Client must perform the duties as an organizer pursuant to § 32 Paragraph 5 BetrVO Berlin.

(16) If stage, studio, or lighting equipment is to be set up, responsible persons and specialists for event technology or supervising persons must be provided by the Client at its own expense in accordance with § 34 BetrVO Berlin and named to the Contractor.

(17) The Client shall bear the taxes arising from the execution of the event. Value added tax (VAT) must be paid by the Client for all income from the event. The Client shall remit any artists' social security contribution (Künstlersozialabgabe) that may be due on the fee of artists to the Artists' Social Security Fund (Künstlersozialkasse) in due time.

(1) The Contractor shall issue a proper invoice. The remuneration arrangement agreed between the parties shall apply. All expenses, ancillary costs, and out-of-pocket expenses that are not to be borne by the Contractor in accordance with the service description or that exceed the usually expected consumption shall be billed according to effort or consumption.

(2) The Contractor may demand the payment of an installment of 50% of the agreed remuneration for room rentals & ancillary costs after conclusion of the contract, and a further 45% (95% in total) two months before the start of the event, unless otherwise agreed. If the time of payment is not agreed upon, installments, agreed remuneration, and claims from the billing of the service after the end of the event shall become due without deduction upon receipt of the request for payment or invoice. The Contractor shall calculate default interest at a rate of at least 8% above the base interest rate. The Contractor reserves the right to prove higher damages in individual cases.

(3) Any travel costs and expenses incurred will be billed according to actual expenditure. Flights within Europe will be in Economy Class, intercontinental flights in Business Class. Train travel will be in 2nd class. Journeys by car will be charged at €0.30/km.

(4) Registration and fee payment to GEMA (Society for Musical Performing and Mechanical Reproduction Rights) and other collecting societies is the responsibility of the Client.

(5) Offsetting or the assertion of a right of retention by the Client is only permissible with recognized or legally established counterclaims. The Client is only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

(6) Payments must be made without deduction.

(1) The Client shall notify the Contractor of the final number of participants at the latest 10 working days before the start of the event.

(2) An increase or reduction in the number of participants is possible within the contractual and spatial limits with the consent of the Contractor. In the event of an increase, unless otherwise agreed, the billing shall be based on the actual number of participants.

(3) If an increase in the number of participants results in the calculated staff being insufficient (depending on the type of event), the Contractor shall notify the Client of this in advance, provided this is possible in good time. The additional staff will be taken into account in the final invoice.

(4) The number of participants for the respective event must not exceed the upper limit of 750 participants.

(1) If, among other things, the subject matter of the contract is an artistic performance and the artist named in the contract does not appear or cancels their performance after receipt of the offer, the Contractor is entitled to procure an equivalent replacement, provided this is reasonable for the Client under the circumstances of the individual case. This does not apply if the absence or cancellation of the artist occurs for reasons for which the Contractor is responsible or if it has assumed a guarantee for the appearance of the respective person.

(1) Principle: The Client may terminate the contractual relationship at any time and without giving reasons by providing corresponding written notification to the Contractor. However, subject to the regulations in paragraphs 2 to 4, they remain obliged to pay the agreed remuneration for the booked services. This does not apply if the cancellation occurs due to a circumstance for which the Contractor is responsible.

(2) If the contractual relationship is terminated by the Client for a reason for which the Contractor is not responsible, the damage incurred with regard to the rental and ordered services must be compensated to the Contractor as follows:

• 50% of the gross contract sum for cancellation up to 9 months before the start of the event
• 65% of the gross contract sum up to 6 months before the start of the event
• 95% of the gross contract sum up to 3 months before the start of the event
• 100% of the gross contract sum for cancellation less than 3 months before the start of the event

(3) Rent with regard to external properties and services of commissioned third-party companies: If the subject matter of the contract is the rental of premises that are not in the possession of the Contractor and/or the contract contains services with the provision of which third-party companies were commissioned, the cancellation conditions of the respective owner/lessor of the premises or the respective third-party company shall apply.

(4) Other contractual agreements remain unaffected. The Client reserves the right to prove a lower damage.

(1) The Contractor is entitled to withdraw from the contract for good cause or, after the premises have already been handed over, to give notice of termination and arrange for the evacuation. This comes into consideration in particular in the cases listed below. The rights of the Client under the German Civil Code remain unaffected by this.

(2) If the Client does not meet its contractually agreed payment obligations despite a reasonable grace period being set, the Contractor is entitled to immediate withdrawal for good cause. Its claims for performance and damages remain unaffected by this. The Client shall not be entitled to any compensation claims against the Contractor as a result of this.

(3) If the Contractor becomes aware of a change in the type of event or the occasion or purpose thereof that has not been coordinated with it, or if the Client brought about the conclusion of the contract under misleading or false information or by concealing essential information, or if justified facts indicate that the event could jeopardize smooth business operations, security, or the reputation of the Contractor in public for reasons for which the Contractor is not responsible, it is entitled to immediate withdrawal for good cause. Its claims for performance and damages remain unaffected by this. The Client shall not be entitled to any compensation claims against the Contractor as a result of this.

(4) If the Client violates material contractual obligations or statutory provisions and official orders, the Contractor may demand the immediate vacated return of the subject matter of the contract and, in the event of refusal by the Client, carry out the evacuation itself or have it carried out at the Client's expense. Its claims for performance and damages remain unaffected by this. The Client shall not be entitled to any compensation claims against the Contractor as a result of this.

(5) If the performance of the contract is no longer reasonable for the Contractor as a result of force majeure or as a result of other circumstances for which the Contractor is not responsible, the Contractor is entitled to withdraw from the contract, provided that a contract adjustment should also be unreasonable. In these cases, the Contractor will immediately notify the Client of the reasons preventing performance by email, if necessary through authorized persons. Any payments already made for which no consideration has been provided will be refunded to the Client immediately. Any further claims of the Client for damages or lost profits are excluded.

(6) The Client only has an extraordinary right of withdrawal if this is expressly granted in these conditions or if it has been expressly agreed upon in writing.

(1) The Contractor may, even without a special agreement, demand the provision of reasonable deposits or other securities from the Client to secure the agreed remuneration and the cost risks of the Contractor resulting from the event, if the Client plans major installations and modifications or uses that give cause to fear increased wear and tear (dancing operations, extension of areas for smokers, etc.), or if, after conclusion of the contract, there is reason to assume that the satisfaction of the payment claims of the Contractor is endangered. The latter is the case in particular if:

• economic information suggests a lack of creditworthiness of the Client,
• the Client declares an (even temporary) limited solvency,
• the Client is in default with (advance) payments of a significant amount,
• the Client does not maintain a registered office and no independent branch in the domestic country, or
• the Client has been prohibited from operating essential parts of its business.

If a security purpose is not expressly agreed upon, all payment claims of the Contractor resulting from the respective contract with the customer, including its amendment, processing, or tacit extension, shall be secured.

(1) The Contractor shall be liable in cases of intent and gross negligence, in the event of culpable injury to life, body, or health, as well as upon issuance of a guarantee.

Liability for slight negligence is limited to material contractual obligations. Otherwise, liability due to slight negligence is excluded.

The Contractor shall only be liable for lost profits in cases of intent or gross negligence.

(2) Paragraph 1 applies mutatis mutandis to liability for legal representatives and vicarious agents.

(3) This limitation of liability applies to both contractual and tortious claims.

(4) Further claims, in particular strict liability, are excluded with the exception of claims under the Product Liability Act.

(5) The Contractor shall not be liable for damages attributable to measures taken to maintain public safety and order or which were ordered or implemented under public law.

(6) The foregoing limitations and exclusions of liability apply mutatis mutandis also to a personal liability of employees, workers, staff, representatives, and subcontractors of the Contractor.

(7) Defects in the performance of the Contractor (rented object, catering, staff, etc.), insofar as liability for these has not been excluded according to these General Terms and Conditions, only entitle the Client to a reduction or to damages if they have immediately objected to the defect in writing to the Contractor and granted it the opportunity to remedy the defect within a reasonable period of time.

(1) In addition to all other obligations under these General Terms and Conditions, the Client shall be liable to the Contractor for all personal injury, property damage, and financial losses caused directly or indirectly by them, their agents, vicarious agents, or other persons attributable to them, in particular the visitors to their event. Included in particular are also damages typical for events caused by riots, fire, panic, or similar events. Likewise, claims of third parties connecting the event of the Client with the Contractor (AN).

(2) The Client shall also be liable for costs incurred by the Contractor due to the fact that the Contractor, as the lessor, is held liable by third parties in external relations for events and related incidents attributable to the Client. These include in particular fees, fines, or other penalties or payment obligations, as well as the costs of legal defense and prosecution. An obligation to provide legal defense exists only if the Client advances all worst-case costs to the Contractor for this purpose.

(3) With the takeover of the rented premises until their complete return, the Client assumes the duty to maintain public safety (Verkehrssicherungspflicht) for the property.

(4) The Client shall indemnify the Contractor against all claims of third parties (whether of a private or public law nature) against it, insofar as they or their vicarious agents are causative for this or are liable for compensation in internal relations.

(5) The Client is obliged to conclude an organizer's liability insurance with adequate coverage for personal injury, property damage, and financial loss, as well as damage to rented property. If the Client does not provide proof of a corresponding insurance up to 14 days before the start of the event, the Contractor is entitled, but not obliged, to conclude a corresponding insurance at the expense of the Client.

(1) Personal or other items brought along on the occasion of the event are located in the event rooms or on the event premises (street area in front of the main or side entrance) at the risk of the Client, unless otherwise agreed.

(1) For events that take place entirely or only partially in the "open-air area" (terraces), the Client bears the weather risk in full.

(2) Both contracting parties undertake not to provide any third party with information about the agreed fee. The contracting parties permit each other to issue press releases, which must, however, be approved by both contracting parties prior to publication. The Contractor must be named by name in any publications upon request as the author and executing agency.

(3) The logo of the Contractor may only be used with its written consent in compliance with the corporate design.

(4) The ideas and concepts sketched by the Contractor remain the intellectual property of the Contractor. Any further use, passing on to third parties, or a partial or complete realization requires consent.

(5) The Contractor is entitled to document the production on image and sound carriers of any kind and to distribute or publish all photo, video, film, and EDP recordings resulting from the contractual relationship, as well as other technical reproductions for self-advertising or editorial purposes, provided that moral aspects or personal rights do not oppose such distribution. The Client reserves a right of objection for any use of image, sound, and data carriers of any kind by the Client or by third parties extending beyond the contract.

(6) The Client may only make commercial sound, image, or photo recordings after prior written consent by the Contractor.

(7) The Client grants the Contractor the irrevocable and indefinite right to name their company and the associated logo for reference purposes and to show them in writing or pictorially in customary contexts (website, presentation brochure, etc.) and, if applicable, to link the logo or the lettering of the Client with their internet presence. The Client can expressly revoke the aforementioned right in writing within two weeks after the Contractor has rendered its main service, provided that they can rely on a poor performance of the main service.

(8) Contractual details and documents are to be treated confidentially.

(1) Contractual amendments and ancillary agreements require the written form.

(1) If individual provisions of the contract are void, this does not affect the validity of the remaining provisions.

(2) The contracting parties undertake to fill any gap resulting therefrom with a regulation that comes as close as possible to the economically intended meaning and purpose of the provision and the contract.