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General Terms

§ 1 Scope of application

1) These terms and conditions of the contract apply to contracts between AHI and the respective lessee on the lease of the banquet hall under the above-mentioned address (hereinafter referred to as leased object), plus perhaps the provision of further services (in case it is agreed on contractually: hospitality, decoration, orchestra, photo / camera team and staff) by AHI.

2) The terms and conditions of the lessee’s contract are applicable only if these have been agreed on in writing.

 

§ 2 Concepts and clarifications

AHI appears within the framework of the event conducted in its premises exclusively as lessor, in no way as organizer. AHI‘s respective lessee is lessee as well as organizer and has to express this clearly on all printed matter, posters, admission tickets etc. AHI does not enter in any contractual legal relationship to the visitors. This falls, if necessary, exclusively in the responsibility of the lessee as the organizer. As clarification: Contact person of AHI is the lessee and/or the event manager appointed by him. Contact person of the visitor is the event manager that is the lessee. 

 

§ 3 Offer, conclusion of the contract, transfer to third parties, sublease

1) The contract takes place exclusively by the signing of the contract by the lessee and AHI.

2) The transfer of the lease object by the lessee to third parties is not permitted. The lessee is also prohibited to allow third parties access to the lease object for the purpose of sale of goods without prior permission from AHI. A violation of the lessee against § 3 Paragraph 2 of these terms and conditions of the contract grants AHI the rights under § 16 of these terms and conditions.

 

§ 4 Lease and incidental lease costs

1) The lease includes the prevailing statutory value-added tax. It is due in advance and that is for the amount of 50% of the agreed lease two weeks after the conclusion of the contract and the remainder two weeks before the event. The lease is to be paid to the account of AHI (please refer to the contract for the bank details). In the case of events at short notice, which will be conducted within 4 weeks after the conclusion of the contract, the entire lease is due immediately.

2) The lease includes the incidental expenses. 

 

§ 5 Nutzung der Mietsache, Über- und Rückgabe

1) The lease object may be used only for the purpose determined in the contract. A modification of the purpose of use requires the prior written consent of AHI. Any declarations of consent of AHI, even if this is not stated expressly, will be issued subject to the necessary licences under public law. Compliance with the purpose of use indicated and agreed in the contract is declared to be an essential contractual obligation expressly, the violation of which will lead to the establishment of rights under § 16 of these terms and conditions.

2) The tenant has to ensure that during the event no persons, minorities, groups of people, political parties and/or other groupings are vilified, discriminated against or humiliated in any other manner. AHI will not permit an event for such a purpose. Compliance with this obligation is declared expressly as an essential contractual obligation, the violation of which opens for AHI the rights from § 16 of these terms and conditions of the contract. 

3) The events, unless stated otherwise in the contract, take place during the day and have to be concluded as a rule by 8 pm at the latest. Weddings and other festivities (e.g. Christening, church festivals etc.) take place in the time during 4 p.m. and midnight. 

4) The lease object is to be made available to the lessor, unless stated otherwise in the contract, at the latest on the day of the event, one hour before the contractually agreed commencement of the event. If AHI is responsible also for the decoration of the leased object, the acceptance contains also the acceptance of the decoration. Here a record of the handing over minutes will be prepared and signed by both parties to the contract. Here any defects are to be recorded. 

5) The leased object is to be returned to AHI after the conduct of the event at the latest 2 hours after the end of the event agreed in the contract in a vacated condition. The objects, structures, renovations installed by the lessee are to be removed completely by him and the original condition restored. In case of return the transfer has to be recorded and signed by both partners to the contract. Any defects have to be recorded here. In case there is a delay in the return of the leased object, a further rent of € 100.00 is due for each commenced hour. This does not apply if the lessee, his suppliers or his assistants or his vicarious agents are not responsible for the delayed return.  

 

§ 6 The schedule of the event

1) The lessee has to provide AHI exact information on the schedule of the event four weeks before the event at the latest. If agreed in the contract that the lessee can appoint its own suppliers, he has to provide a list of these four weeks at the latest before the event.   

2) The lessee has to name the event manager in charge in accordance with § 38 of the regulations on the places of assembly of North Rhine-Westphalia.

3) The use of the cloak room is left to the lessee. AHI does not assume any liability for this and the loss of and damage to the deposited objects. This does not apply, if it is agreed contractually that the cloak room and the staff for it are provided by AHI. 

4) The children’s corner is under the supervisory responsibilities of the lessee alone. AHI does not assume any liability in the matter of supervisory responsibilities. The lessee has to ensure that proper supervision is guaranteed. 

 

§ 6a „Livestream“

1) The event will be transmitted at the lessee’s request in real time on the internet page of AHI (www.ahi-location.com) and / or can be received via the App " Ahi Livestream " ( “Livestream” ) .

2) The lessee undertakes to inform his visitors of this Livestream before the event and it would be the best if it was sent with the invitation and obtain the respective consent of the visitors. He is obliged to inform his visitors of the respective regulations of data protection and the personal rights. He also informs his visitors that the event can be watched by those who cannot attend in real time by entering the password provided by the lessee. 

3) The lessee does not have a right to a permanent existence of the “Livestream”.

 

§ 7 Advertising

The lessee has to carry out advertising activities himself. Only such advertising measures are permitted, which relate directly to the purpose agreed in the contract. Other advertising measures within the premises and on the event site of AHI require the prior sanction by AHI.   

 

§ 8 Decoration, provision of food and drink, photo-/camera team and orchestra

1) AHI has to provide the contractually agreed decoration, provision of food and drink, photo/camera team and orchestra selected by the lessee on the day of the event.

2) The lessee has to report immediately to AHI defects which he finds on acceptance of the decoration, the provision of food and drink (applies expressly also for the food ordered and delivered; acceptance follows at the time of the delivery of the food and the serving of the drinks), the photo/camera team and the orchestra.  If no immediate defect is reported, it is assumed that the perfect condition is confirmed, as far as the lessee should have been aware of the defects. 

3) If it should be agreed contractually that AHI should deliver the drinks also, this implies only the delivery of water, Cola and Fanta. The delivery of further drinks by AHI requires a separate agreement. This agreement has to be in writing. 

4) The lessee is entitled to buy further drinks, this includes also alcoholic drinks, at his own cost. In this case the lessee is responsible for serving the drinks brought by him. AHI is exempt from this obligation.

5) The lessee may, after prior sanction from AHI, decorate the leased object. Only highly fire-resistant objects or those highly fire-resistant objects made by an officially acknowledged impregnation agent can be used. The objects have to be highly fire-resistant according to DIN standards 4102.  

 

§ 9 GEMA [German society for musical performing and mechanical reproduction] - fees

The lessee has to register works subject to GEMA with GEMA and is alone responsible for the payment of the GEMA fees. AHI can request the lessee to show the written proof of registration of the event with GEMA 2 weeks before the event as well as the receipt of the fees paid to GEMA. If the documents are not submitted AHI can declare withdrawal from the contract after a grace period of one week and demand damages. 

 

§ 10 Fire department and medical service

AHI can inform the police, fire department and rescue services before the event. The number of staff deployed depends above all on the number of visitors expected and the nature of the event. The relevant costs are to be borne by the lessee. These costs are not included in the rent. AHI issues a final invoice of these costs to the lessee at the latest two weeks after the day of the event. 

 

§ 11 Security

1) The lessee is obliged to ensure a safe and smooth course of the event. He bears the overall risk of the event including the preparation and postprocessing. He is responsible for the safety of the event and the compliance with the regulations and official requirements. He has to comply with and observe above all the regulations of the youth protection legislation, the commercial directives and the ordinance on places of assembly. 

2) If risks are to be expected from the event, the lessee has to submit a safety concept from a security firm at AHI‘s request. This has to show that there are no risks for public law and order and a safe operating sequence of the event is guaranteed.

3) During the event the lessee or his event manager in charge will have to be always present. The lessee or the event manager appointed by him have to guarantee the interaction with the law and order services, the fire safety guard and the first aid posts with the police, the fire brigade and the emergency services. The lessee or his event manager appointed by him have to familiarize themselves with the place of assembly and its facilities. The lessee or the event manager has to approach AHI before the commencement of the event.
It is made clear here that the overall operator duties according to § 38 Paragraph 1 to 4 of the ordinance on the place of assembly has to be borne by the lessee. 

4) In case of serious danger to the public law and order, which cannot be stopped, the lessee has to cancel the event after consultation with AHI. This applies in particular, if the necessary installations, facilities or devices cannot be operated or if the operating regulations cannot be complied with.

 

§ 12 Liability of the lessee

1) The lessee has to handle the premises and objects leased to him conscientiously and carefully and return them in a proper condition including the keys, devices and installations provided to him. 

2) If the lessee does not comply with his obligations to exercise due care or his suppliers, vicarious agents or assistants violate their obligation to exercise due care, the former is liable to AHI for compensation for the damages arising therefrom. This applies in particular in the case of damage to the leased object; if through the damage to the leased object the lease to another lessee is hindered, the lessee is liable for the loss of rent incurred and possible claims for redress of the subsequent lessees. The lessee has to himself from blame in case of a dispute for the violation of the obligation. 

3) As far as persons other than those mentioned in Paragraph 2, in particular visitors to the event cause damages to the leased object the lessee is liable to pay AHI for the damages, if he has to bear the blame. 

4) The lessee indemnifies AHI from all claims for damages by third parties, which they assert against AHI, if the lessee, his suppliers or his vicarious agents or assistants are to blame and occur in connection with the event. 

5) The lessee undertakes to conclude a liability insurance policy for event organizers, which shows at least the following coverage amounts:
€ 3 million for personal injury
€ 3 million for material damage
€ 3 million for pecuniary loss
The lessee shows AHI proof of the conclusion of such an insurance 4 weeks before the commencement of the event by submission of the insurance policy. Alternatively AHI can conclude the necessary insurance at the cost of the lessee or after the expiry of the grace period withdraws from the contract.  

 

§ 13 Liability of AHI

1) AHI makes available the leased premises in a proper condition at the agreed time to the lessee. If there are defects in the leased object, then AHI will rectify these immediately on notification.  

2) Other claims for damages – regardless whether they are on account of defects under Lease law, of unauthorized action or any other legal ground – can be asserted against AHI only if the latter had acted with wilful intent of grossly negligently. This applies in particular to defects, which existed already on the conclusion of the lease contract; the fault-based liability of AHI in accordance with § 536a BGB [German Civil Code] is expressly excluded.

3) The limitation of liability in accordance with Paragraph 2 Sentence 1 does not apply, if defects in the lease object or other liability-relevant facts lead to damages to life, body, health (personal injury) or if there is a violation of significant breach of contract (cardinal breach) on the part of the lessor. Then AHI is liable also for slight negligence.

4) AHI does not assume any liability for things belonging to the lessee, his suppliers and his vicarious agents or assistance except in the case of gross negligence. 

 

§ 14 Domiciliary right

The lessee has the domiciliary right for the leased object for the duration of the event – the contractually end of the event is relevant and for the event site.  AHI reserves the right, this in case of risk to public law and order to assume this right. When exercising this domiciliary right AHI has to take the justified wishes of the lessee into consideration, in particular with reference to the rights of usage to which he is entitled from the agreed contract and these terms and conditions of the contract. 

 

§ 15 Ban on smoking

There is an absolute ban on smoking in the leased object. A corner for smokers can be erected on the event site while taking the regulations under public law into consideration. AHI will provide a sufficient number of ashtrays in this case. The lessee has to ensure that cigarettes are disposed of only in the containers (ashtrays) provided for this. Till the leased object is returned the lessee undertakes to clean the smoker’s corner and the adjoining areas properly and to remove all traces of smoking (cigarette stubs). 

 

§ 16 Withdrawal from the contract, cancellation

1) The concluded contract is binding on both sides. A one-sided termination is ruled out. A withdrawal from the contract is allowed only by way of exception according to the following paragraphs.

2) AHI can withdraw from the contract after a failed period of grace, if 

a) the rent is not paid on time,
b) if the lessee did not register and pay the fees for GEMA, 
c) the lessee did not show proof of the liability insurance for the organizer,
d) if a disturbance of public law and order occurred on account of the event or it is to be feared with adequate probability on the basis of facts, 
e) the agreed purpose of usage is modified,
f) there are no official licences, there are violations against statutory regulations, in particular against operating regulations of the ordinance for places of assembly or official requirements are not observed, 
g) the lessee transfers the leased object to a third party without authorization from AHI, 
h) the lessee, contrary to § 5 Paragraph 2, allows that at the event people, minorities, people groups, political parties and/or other groupings are vilified, discriminated against or humiliated in another manner.  
In case AHI should withdraw from the contract the rent paid by the lessee is to be returned; this does not apply however, if the lessee is responsible for the grounds mentioned in a) to h). 

3) The lessee can withdraw from the contract free of rent up to six months before the commencement of the event. Thereafter a withdrawal is possible only with the following cancellation rates: 
- up to 4 months before commencement of the event: 25 %
- up to  3 months before commencement of the event: 50 %
- up to  2 months before commencement of the event: 75 %
- less than  2 months before commencement of the event: 

of the contractually agreed lease. The cancellation has to be made in writing. If AHI has further expenses till the cancellation, it can bill these costs additionally to the lessee. The lessee has the right to show that that damages to AHI were slight or there were none. If requested the AHI will provide the relevant information to the lessee. 

4) If the event is cancelled under force majeure, each party can declare withdrawal from the contract. In this case the obligations of transfer of use and payment of rent do not apply. Rent payment that has already been made, has to be reimbursed. Expenses made till then have to be borne by each party to the contract. Bad weather is among other things not considered a force majeure. 

 

§ 17 Clause on the written form; severability clause

1) Only the agreements made in the written agreements made in the contract are relevant for the contractual relations. Modifications and additions require the written stipulation. This applies also for the revocation of the written form. 

2) Should a contractual provision be invalid, this does not affect the continuation of the rest of the contract. The invalid clause – if available – will be replaced by a corresponding statutory provision. 

 

§ 18 Validity of the German version

The German version of these terms and conditions of the contract apply exclusively. The terms and conditions drafted in other languages have been translated according to our best knowledge. However they do not have any legal validity. 

 

§ 19 Applicable law and place of jurisdiction

German law applies for the legal matters between the partners to the contract. As far as the partners to the contract are merchants or legal entities under public law or one of the parties do not have a general place of jurisdiction in Germany, then Ratingen will be determined as the place of jurisdiction.  

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