General business and rental conditions for events in the GRAND HALL ZOLLVEREIN
in business traffic
1. Scope of application of these General Terms and Conditions of Business and Rental
1.1 We, Grand Hall Zollverein GmbH, UNESCO World Heritage Zollverein, Kokereiallee 9 - 11, 45141 Essen, Germany ("Lessor"), shall let the event rooms of GRAND HALL ZOLLVEREIN exclusively on the basis of these General Terms and Conditions of Business and Rental and the respective Rental and Service Agreement.
1.2 By entering into the rental agreement, the Lessee of the event rooms accepts these General Terms and Conditions of Business and Rental. Any conflicting terms and conditions of the lessee shall not apply. All further services shall be regulated with the lessee in a rental and service agreement. The provisions from the rental and service contract shall have priority.
1.3 These Terms and Conditions expressly apply to entrepreneurs within the meaning of § 14 BGB, but not to consumers within the meaning of § 13 BGB.
2. PURPOSE OF RENT
The rental object is provided exclusively for the purpose specified in the rental and service agreement. A change of use is only permitted with the prior written consent of the lessor. A transfer of the rental object for purposes that offend common decency, in particular sexual or pornographic purposes, is prohibited.
3. MANAGEMENT WITH CONTRACTUAL SUPPLIERS
The entire management of the Grand Hall ZOLLVEREIN with event-related services is exclusively the responsibility of the Lessor and the contracting companies engaged by it. The Lessor is entitled to have the management provided by third parties.
The Lessee is only entitled to distribute so-called event-related products, such as program booklets and merchandise items, unless otherwise agreed. For the use or erection of sales booths, exclusively at locations specified by the lessor or for sales outside the sales booths, the lessee shall obtain the prior written consent of the lessor, which the lessor shall grant against payment of a fee. The personnel working for this purpose may be provided by the lessee himself or the lessor may provide personnel for a fee.
4. TERMS OF PAYMENT
4.1 The amount of the remuneration and the amount of the advance payments for the individual services shall be specified in the Rental and Service Agreement.
4.2 The agreed advance payment shall be due no later than 30 days before the first day of the rental period and the balance after receipt of the invoice, unless otherwise agreed in the Rental and Service Agreement. Payments shall be made to the account specified by the Lessor in the Rental and Service Agreement, stating the contract number. In the event of default in payment, the lessor shall have the statutory rights.
4.3 Insofar as agreed in the rental and service contract, the Lessee shall be obliged to provide adequate security upon conclusion of the contract for all claims of the Lessor arising from the rental and service contract, including any claims for damages, claims for enrichment as well as claims for compensation for use. This can be provided, at the option of the Lessee, either in the form of a cash deposit or the provision of an absolute, irrevocable, unconditional and unlimited bank guarantee from a German credit institution. The amount of the security shall be regulated in the rental and service agreement. The lessor shall settle the security upon termination of the contract and, if applicable, return the security after deducting any counterclaims.
4.4 In justified cases, in particular in the event of payment arrears or expansion of the scope of the contract, the Lessor shall be entitled to demand additional security in an appropriate amount even after conclusion of the contract until the start of the event. The Lessee may demand this by payment of a cash deposit, provision of a directly enforceable, irrevocable, unconditional and unlimited guarantee from a German credit institution or by additional insurance cover.
4.5 If the Lessee does not provide the requested security according to No. 4.3 or No. 4.4, the Lessor may withdraw from the contract and/or claim damages after the unsuccessful expiry of a reasonable period to be set by him. Furthermore, if the security is not provided, the Lessor shall be entitled to refuse the performance of the contract, i.e. in particular the transfer of the leased property to the Lessee, until the security is provided.
4.6 Services of the Lessor which are not regulated in these General Terms and Conditions of Business and Rental Contract shall only be provided by the Lessor against payment of the remuneration listed in the valid price list or, in the case of special services, by agreement.
4.7 Full settlement shall be made on the basis of a final invoice at the end of the rental period according to services rendered and operating and ancillary costs incurred. Advance payments already made shall be offset against the final invoice.
4.8 The Lessee shall not be entitled to set off any claims for payment of the Lessor unless the claims of the Lessee are undisputed or have been finally determined by a court of law.
5. HANDOVER AND RETURN OF THE RENTAL OBJECT
5.1 The Rental Goods shall be handed over to the Lessee in proper condition, whereby the Lessor shall remain the owner in accordance with these Terms and Conditions and the Rental and Service Agreement. Upon handover, a written handover protocol shall be prepared in which any defects of the Leased Property shall be listed. If the protocol does not contain any findings of defects, the subject matter of the contract shall be deemed to have been handed over free of defects. The Lessee reserves the right to prove that hidden defects were present at the time of handover.
5.2 At the end of the agreed rental period, the Lessee shall return the rental object to the Lessor. A return protocol shall be prepared and signed by both contracting parties. Damage ascertained in the return protocol which is not already listed in the handover protocol may be repaired by the Lessor at the expense of the Lessee, unless the Lessee proves that he is not responsible for the damage ascertained. The landlord is obliged to take appropriate account of his duty to mitigate damage when repairing the damage.
5.3 If the Lessee does not participate in the agreed handover and/or return, the Lessor shall nevertheless be entitled to prepare a return protocol. The protocol prepared shall also be decisive for the scope of the mutual obligations if the Lessor has set the Lessee a reasonable deadline of at least one week, beginning with the receipt of the protocol by the Lessee, for the submission of a declaration of consent and has expressly pointed out to the Lessee in the letter of transmission that its silence on the protocol shall be understood as consent to the protocol.
5.4 If the Lessee does not return the rental object at the end of the rental period or does not attend a return date, the Lessor is entitled to take possession of the rental object himself. In this case, he is also entitled to store the items brought by the Lessee at the expense of the Lessee. The Lessor may dispose of the items if he has set reasonable deadlines for the collection of the items at least twice in writing and these have passed fruitlessly.
6. MODIFICATION OF THE RENTAL OBJECT, INSTALLATIONS
The tenant is obliged to use the rental object and its facilities with care. He has to keep the rental object in a proper, especially usable condition and to return it. Any changes to the leased property, in particular installations or the bringing in of heavy or bulky objects, including the transport equipment required for this purpose, as well as the attachment of decorations and other objects, require the prior written consent of the Lessor. In particular, the Lessee must ensure that the permissible load limit of the floor ceilings or floors is complied with before placing heavy objects, equipment, and installations in the rented rooms. In case of doubt about the load limits, the Lessee shall obtain the relevant information from the Lessor. The Lessee shall be liable for any damage caused by failure to comply with this provision
At the latest when the leased property is returned to the Lessor, the Lessee shall restore the leased property to its original condition at its own expense, i.e. to its condition when it was handed over, taking into account normal wear and tear. If the Lessee fails to comply with this obligation, the Lessor shall take custody of the items and fixtures left behind by the Lessee
at the expense and risk of the Lessee. The Lessor is entitled, after the return of the leased property and after the fruitless expiry of a reasonable period of time to be notified to the Lessee in text form, to remove the objects and fixtures and to restore them to their original condition at the expense of the Lessee.
7. technical equipment and connections
Insofar as the Lessor procures technical and other equipment from third parties for the Lessee at the latter's instigation, the Lessor shall act in the name of, on behalf of and for the account of the Lessee. The Lessee shall be liable for careful handling and proper return. He shall indemnify the lessor against all claims of third parties arising from the provision of these facilities.
The use of the lessee's own electrical equipment using the lessor's power supply system requires the lessor's written consent. Any malfunctions or damage to the Lessor's technical equipment caused by the use of such equipment shall be borne by the Lessee, insofar as the Lessor is not responsible for such malfunctions or damage.
The landlord may record and charge the electricity costs incurred by the use as a lump sum.
Faults in technical or other equipment provided by the lessor will be remedied immediately if possible. Payments may not be withheld or reduced insofar as the lessor is not responsible for these disruptions.
8. Loss, damage of delivered and/or brought items
Exhibition, decorative or other items, including personal items, delivered via parcel delivery companies or forwarding agents and / or carried by the Lessee are located in the Lessor's premises at the Lessee's risk. The lessor assumes no liability for loss, destruction or damage to such items, including financial losses, except in cases of gross negligence or intent on the part of the lessor. Excluded from this are damages arising from injury to life, limb or health.
Decorative material brought along may not be attached to the walls without the consent of the lessor and must comply with fire protection requirements. The lessor is entitled to demand official proof of this. If such proof is not provided, Lessor shall be entitled to remove any material already installed at Lessee's expense. Due to possible damage, the installation and attachment of objects must be coordinated with the lessor in advance.
Any exhibition, decorative or other items brought along must be removed immediately after the end of the rental period. If the lessee fails to do so, the lessor may remove and store them at the lessee's expense. If the items remain in the event space, the lessor may either charge reasonable compensation for use for the duration of their remaining there or dispose of the items at the lessee's expense after setting a deadline for collection. The personnel and material expenses incurred for this purpose for commissioning, packaging and removal from storage shall be invoiced separately to the Lessee. The Lessor shall also be entitled to commission a forwarding agent/courier service of its choice to return these items. The shipping costs incurred for this will be passed on to the Lessee with a business cost surcharge of 15%.
9. Emergency measures for the preservation of the leased property by the landlord.
The Lessor may carry out repairs, maintenance and structural changes which cannot be postponed and which are necessary to avert dangers or to remedy damage to the leased property (emergency measures) without the Lessee's consent, even during the term of the lease. The tenant's claim for reimbursement of expenses and advance payment in accordance with § 555a para. 3 BGB is waived. The tenant shall keep the rented property accessible at all times for this purpose. The tenant may not hinder the execution of the emergency measures; otherwise he shall bear the resulting damages, including increased expenses, due to the delay.
The Parties clarify that Landlord has statutory rights to take further action and that such rights are not limited by the provision in this No. 9.
10. Use of technical facilities
The technical equipment of the rental object may only be operated by the lessor. The provisions of the rental and service agreement apply here, supplemented by the statutory provisions. Use of the WLAN system requires the consent of the lessor.
11. Permits and GEMA
Official permits, orders and requirements based solely on the general condition and/or location of the Leased Property shall be obtained, complied with and maintained by Lessor for the duration of the Agreement.
Official approvals, permits or other consents which are or become necessary due to the ongoing use of the leased property by the Lessee or which have their cause in the personal or operational circumstances of the Lessee or in the special circumstances of its commercial enterprise or which are based on equipment or fixtures of the Lessee shall be obtained by the Lessee at its own expense prior to the commencement of use and the provisions, conditions and other duties of conduct contained therein shall be complied with or observed by the Lessee on its own responsibility and at its own expense. In addition, the lessee shall be responsible for compliance with all provisions of public law, official orders, requirements and other regulations and duties of conduct at its own expense.
The Lessee shall also be responsible, at its own expense, for compliance with all public-law provisions, requirements and other regulations and duties of conduct that are based on the Lessee's ongoing use of the leased property or that have their cause in the personal or operational circumstances of the Lessee or in the particular circumstances of its commercial enterprise, or that relate to equipment or fixtures of the Lessee, even if no permit, authorization or other official approval is required. In the event that Tenant violates its aforementioned obligations and an authority orders measures against Landlord and/or imposes a fine, Tenant shall indemnify Landlord.
The lessee is obliged to submit the original permits issued for his event to the lessor in good time, no later than 20 days before the start of use. The Lessee shall register the event with GEMA in its name and at its expense, submit a confirmation of registration to the Lessor in good time, no later than 20 days before the event, and pay the GEMA fees.
12. Event information
The lessee shall inform the lessor in good time, but no later than 20 days before the day of the event, of the planned course of the event. In particular, he must inform the landlord how many visitors are expected to attend the event. If the Lessee fails to comply with this obligation, the Lessor cannot guarantee that the necessary personnel and technical requirements for the event will be met in due time. Planned changes to the course of the event must be coordinated by the lessee with the lessor immediately after they become known. The lessee shall not be entitled to consent.
13. organization for public events such as concerts or cultural events.
The lessee is the sole organizer with all rights and obligations. He bears the full legal and economic risk of the event, including its preparation and handling after its completion. In particular, he is also responsible for the proper conduct of the event. The lessee shall indemnify the lessor against all claims of third parties arising out of and in connection with
and in connection with the event. This does not apply to such claims of third parties which have their cause exclusively in the area of responsibility of the lessor. The lessee shall clearly indicate his status as organizer on all event notices - posters, admission tickets, etc. - with the full company name.
The lessor decides on the time of admission of visitors to the foyer; the lessee decides on the time of admission of visitors to the event room. The lessor shall provide stewards and control personnel in accordance with the specific requirements and type of event for an expense-related fee. The costs for this shall be shown separately to the Lessee in connection with the service contract. Additional event-related positions shall be staffed separately in accordance with the Lessee's requirements in coordination with the Lessor and shall be deployed at the Lessee's expense. The Lessee shall only be entitled, in agreement with the Lessor, to call in its own security personnel in the areas specified by the Lessor (for example backstage).
The lessor shall name a responsible project coordinator to the lessee who will serve as the lessee's organizational contact person during the event preparation and follow-up as well as during the event period. The Lessee shall name an event manager in text form who is authorized to make decisions and is present during the handover and return of the subject matter of the contract as well as during the event.
14. Advertising, ticket distribution and production for public events
Advertising for the event is the sole responsibility of the renter/organizer. The lessee is free in the design of the advertising. However, he is prohibited from using advertising materials that offend common decency or may damage the lessor's reputation. In the latter case, the lessor shall have a right of veto. The lessee shall submit the advertising materials to the lessor for review prior to their use.
The Lessee is obligated to designate the rental object exclusively as GRAND HALL ZOLLVEREIN® in all announcements (Internet, admission tickets, posters, flyers and other advertising materials as well as press releases, etc.) and to include the original logo of the Grand Hall.
Any form of advertising, branding and signage in the form of graphics, banners, displays or similar media on and in the leased property requires the prior consent of the Lessor in text form. The same applies to the distribution of advertising materials of any kind
The advertising permanently affixed to and in the Leased Property is the sole responsibility of the Lessor and part of the Leased Property. If the Lessee wishes the GRAND HALL ZOLLVEREIN® to be completely or partially free of advertising, the Lessee shall bear the costs for the removal or imposition of the permanent advertising and, in addition, shall pay a fee determined by the Lessor. The production and distribution of tickets shall be the responsibility of the Lessee. Lessee shall produce and distribute only as many admission tickets as seats are available and permitted under the seating plan and building permit. The Lessee is obliged to provide evidence of the number of admission tickets produced by submitting all original delivery bills from the printer or by submitting the sales report. The lessor has an unrestricted right of inspection and control with regard to the production and distribution of admission tickets.
15. Media rights
Any picture, television, film, video or sound recordings of any kind require the prior written consent of the lessor. The lessor is generally obliged to grant this consent, unless there is an important reason for not granting the consent. The granting of permission is subject to payment of a fee, which is agreed in the rental and service contract. For the purposes of topical reporting (maximum three minutes), the landlord shall grant consent for the aforementioned recordings free of charge, unless justified interests of the landlord oppose the granting.
16. access to the venue/ domiciliary rights
Personnel of the lessor, the ambulance service, the police, the fire department, the staff, the checkroom, catering and the hall's own goods sales department shall have access to the leased property at all times, insofar as this is necessary. The instructions of the persons commissioned by the lessor and the regulatory authorities must be followed without restriction.
The lessor shall exercise the overriding domiciliary rights in the venue. He is entitled to delegate the exercise of domiciliary rights to third parties, in particular to members of the security service. In all other respects, the Lessee shall exercise the domiciliary rights during the rental period in consultation with the Lessor.
17. liability of the tenant / insurance obligation
The lessee shall be liable without limitation for the fault of its executive bodies, its vicarious agents and persons employed in the performance of its obligations as well as the visitors to the event. The lessee shall take out and maintain for the duration of the event a liability insurance policy covering personal injury, property damage and rental damage in connection with its event with the following scope of coverage:
a) for personal injury and property damage lump sum EUR 5.000.000,-.
b) for financial losses EUR 5,000,000.00
c) within the scope of the property damage cover sums specified under a):
- for rental property damage caused by fire / explosion to movables and real estate EUR 5,000,000.00
- by other causes to movables and real estate EUR 250,000.00
- for damages due to loss of keys EUR 100.000,00
- for processing damages EUR 100.000,00
The Lessee shall provide evidence of the conclusion of this liability insurance and its existence no later than 20 days prior to the day of the event by submitting a written confirmation from the insurer. The written confirmation shall also contain a statement that the liability insurance also covers claims of third parties for which the Lessee has assumed an indemnification obligation vis-à-vis the Lessor pursuant to number 11 of these General Terms and Conditions of Business and Lease. If the Lessee fails to comply with this obligation, the Lessor shall be entitled to take substitute action 48 hours before the start of the event by taking out appropriate liability insurance at the expense of the Lessee.
18. liability of the lessor/ exclusion of warranty liability under rental law
The Lessor shall not be liable for such defects of the leased property that exist or arise at the time of conclusion of the contract; the strict (warranty) liability of Section 536a (1) of the German Civil Code (BGB) is excluded. In the event of injury to life, body or health, the absence of warranted characteristics or mandatory statutory liability, the Lessor shall be liable without limitation. In the event of a breach of material contractual obligations, the Lessor shall also be liable in the event of slight negligence, but then limited to the typical foreseeable damage. Essential contractual obligations (cardinal obligations) are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Lessee regularly relies and may also rely. Typical foreseeable damages are those which are subject to the protective purpose of the respective violated contractual norm. In all other respects, the Lessor shall only be liable in the event of gross negligence or intent. The above limitations and exclusions of liability also apply to the organs and vicarious agents of the lessor.
19. assignment and sub-assignment, majority of tenants
The tenant is not entitled to assign his rights under the lease to third parties without the landlord's permission. Subletting to third parties is not permitted without the prior consent of the lessor. The lessor may refuse consent at its reasonable discretion, in particular if there are doubts about the seriousness or creditworthiness of the third party.
If several persons are tenants, they shall be jointly and severally liable. Declarations, with the exception of termination declarations, of one tenant or towards one tenant have effect for and towards all tenants. Each tenant must accept facts in the person of a tenant or actions of the other tenants as his own.
20 Term of Contract, Termination and Right of Retention
The rental and service contract has the duration specified therein. Ordinary termination is excluded for the duration of the contract. The right to extraordinary termination remains unaffected for both contracting parties. In particular, the Lessor shall be entitled to terminate the contract without notice if
- the tenant is in default with a substantial part of the payments or securities to be provided by him;
- the renter does not follow safety instructions of the lessor or violates official requirements or legal regulations;
- the Lessee breaches significant contractual obligations and continues this breach despite a warning or fails to remedy its consequences within a reasonable period of time;
- the Lessee changes the purpose of the event without the Lessor's consent;
- insolvency proceedings are opened against the assets of the Tenant or the opening is rejected for lack of assets;
- there are concrete indications that the event will lead to disturbances of public safety and order or to personal injury or damage to property.
If the lessor terminates the rental agreement without notice, this shall not void the lessee's obligation to pay the rent. The lessor is furthermore entitled, before exercising its right of termination, to first assert a right of retention in such a way that it refuses to provide the event location or to hold the event until the lessee eliminates the reason for termination, i.e. in particular complies with safety regulations, fulfills official requirements or rectifies breaches of contract.
Section 545 of the German Civil Code (tacit extension of the lease in the event of continued use) is expressly excluded.
21. Appointment options, cancellation of an event
Appointment options (event dates not firmly booked) automatically expire on the day on which the option ends if the rental and service contract has not been concluded by this date or the option has not been extended in writing by the Lessor.
Unless otherwise agreed and unless there is a right of termination or withdrawal, the lessor shall be entitled to the agreed remuneration even if the lessee does not make use of the services. However, the lessor must take into account the value of the saved expenses as well as those advantages which he obtains from an alternative utilization of the use. The Lessor is entitled to calculate the value of the saved expenses as a lump sum as follows:
- from the 1st to the 90th day before the event 0% of the agreed fees plus
any ancillary costs already incurred, plus statutory value-added tax
- from the 91st to the 180th day before the event 25% of the agreed fees plus any ancillary costs already incurred.
any ancillary costs already incurred, plus statutory value-added tax
- from the 181st to the 270th day before the event 50% of the agreed fees plus any ancillary costs already incurred, plus statutory VAT
- from the 271st day prior to the event 75% of the agreed fees plus any ancillary costs already
any ancillary costs already incurred, plus statutory value-added tax.
Incidental expenses include in particular those costs with which the lessor has made advance payments on behalf of the lessee, but which are to be reimbursed by the lessee in accordance with the contractual provisions. A concrete calculation of the saved expenses and/or the assertion of further claims, in particular for reimbursement of expenses or damages, shall be expressly reserved to the Lessor. For its part, the Lessee shall be permitted to prove that a claim of the Lessor has not arisen at all or has arisen in a significantly lower amount than according to the aforementioned lump sums.
22. data protection
23 Place of Performance, Applicability of German Law, Place of Jurisdiction
The place of fulfillment for all claims arising from or in connection with the rental and service contract is Essen.
The law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply.
If the contracting party is an entrepreneur, a merchant, a legal entity under public law or a special fund under public law or if it does not have a general place of jurisdiction in the Federal Republic of Germany, Essen is agreed as the exclusive place of jurisdiction for all disputes.
//Essen, im Juli 2023
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