Terms and Conditions

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1. Scope of Application
1.1 For all offers and contracts of the STATION Berlin Event GmbH regarding the assignment of the site or of parts of the site at STATION-Berlin, Luckenwalderstr. 4-6, 10963 Berlin, in particular for rental agreements STATION-Berlin, exclusively these Terms and Conditions of Business shall apply.
1.2 Terms and Conditions of the Tenant or of another contract partner of the STATION Berlin Event GmbH, whatsoever, shall not become part of the contract, unless the STATION Berlin Event GmbH expressly agrees with these Terms and Conditions in the individual contract.
2. Granting of Options, Closing the Contract
2.1 Options for requested dates can be granted by the STATION Berlin Event GmbH by email or fax. The option term is always 4 weeks, unless another term has been set in the written grant of the option by the STATION Berlin Event GmbH with regard to the exercising of the option. The contract partner has no entitlement to the granting or an extension of an option.
2.2 The STATION Berlin Event GmbH shall be bound to the offer provided with the submission of the rental agreement only if the rental agreement, signed by the Tenant in a legally binding manner, is returned to the STATION Berlin Event GmbH within 2 weeks. The STATION Berlin Event GmbH can determine a shorter commitment period in each individual case one-sidedly.
2.3 The defining date for the calculation of the period is the posting of the option granting or of the rental agreement by the STATION Berlin Event GmbH to the Tenant. As proof, the dispatch note in the outgoing mail report (letter, email) or a transmission report (fax) shall be sufficient.
3. Event Management
3.1 The Tenant may use the rental premises exclusively for the performance of the event stated in the Rental Agreement STATION-Berlin in Section 2(1) and only for the rental period stated in Section 1(1) of the Rental Agreement STATION- Berlin. Any change or extension of the use, in particular of the purpose of the event, is subject to the prior written consent of the STATION Berlin Event GmbH to be admissible.
3.2 The compliance with the purpose of the event stated in Section 2(1) of the Rental Agreement STATION-Berlin constitutes a significant obligation of the Tenant within the meaning of Article 323 BGB [German Civil Code].
3.3 Section 2(6) of the Rental Agreement STATION-Berlin remains unaffected. The Landlord’s consent to the assignment of the rental premises to a third party does not constitute consent to change the purpose of the event.
3.4 The Tenant shall be liable to the STATION Berlin Event GmbH, in the case of sublease or other assignment for use to a third party, for the compliance of the purpose of the event as stated in Section 2(1) of the Rental Agreement STATION-Berlin as well as for any other conduct of the subtenant or the person who the use of the rental premises was assigned to, in the same manner as for the Tenant’s own conduct.
4. Deployment of Police, Fire Brigades and Ambulance Services
  Police, fire brigades (fire watch) and ambulance services will be informed by the STATION Berlin Event GmbH in the course of the preparation of the event, in co-ordination with the Tenant. The extent of these services depends on the extent of the event, the safety regulations, the regulatory requirements and the needs in the individual case ab. The Tenant has to bear the costs for these services.
5. Domiciliary Rights / Duty to Maintain Safety
5.1 The representatives and assignees of the STATION Berlin Event GmbH shall exercise domiciliary rights towards the Tenant. Their instructions must be observed.
5.2 As for the rest, the STATION Berlin Event GmbH shall transfer the domiciliary rights to the Tenant for the time of the rental period to the extent as necessary for the orderly performance of the event in accordance to the Rental Agreement. STATION-Berlin and to the legal provisions, without prejudice to the right of the STATION Berlin Event GmbH to have unrestricted access for their representatives and assignees to all the areas of the rental premises.
5.3 The compliance with all and any legal and contractual obligations with respect to public authorities and contract partners of the STATION Berlin Event GmbHin connection with the assignment of the rental premises for the time of the rental period shall be the exclusive duty of the Tenant. The same shall apply for the compliance and/or fulfilment of regulations and requirements under public law.
5.4 The Tenant shall take over, with the take-over of the rental premises and until the complete dismantling and the return of the premises in accordance with the contract, all insurance obligations in connection with the preparation, performance and completion of the event and with the rental premises, and the Tenant shall release the STATION Berlin Event GmbH as well as their employees and agents from any third party claims resulting from the violation of insurance obligations with regard to the rental premises and the used facilities.
5.5 Should, irrespectively, any claims be raised against the STATION Berlin Event GmbH, then the Tenant shall be obliged to release the STATION Berlin Event GmbH therefrom to the full extent, which includes the refund of any prepayments made for their necessary legal defence. The same shall apply if claims are raised against employees or agents of the STATION Berlin Event GmbH in this context.
5.6 If employees or agents have to defend themselves in criminal proceedings or proceedings to impose a regulatory fine, for violation of regulations under public law, requirements and conditions which to comply with is the obligation of the Tenant according to the Rental Agreement STATION-Berlin, including these Terms and Conditions of Business, then the Tenant has to release the concerned persons from all and any burdens from such proceedings. This also includes the payment of any advances for their legal defence and court costs as well as auf other expenses imposed by the court.
5.7 The Tenant bears the risk for the entire programme and the smooth course of the event, including the preparation, performance and completion, in particular also for the setup and dismantling.
6. Condition of the Subject Matter of the Contract, Warranty, Liability
6.1 As far as the Rental Agreement STATION-Berlin or these Terms and Conditions of Business contain regulations with regard to limitations of liability, exclusions of liability, or exclusion terms, these shall not apply to damage resulting from the violation of life, body or health. The compensation for such damage shall be subject to the legal provisions.
6.2 The Tenant has closely inspected the rental premises before entering into the contract. The rental premises will be handed over to the Tenant as they are, in the condition known to the Tenant. They are considered handed over orderly, unless the Tenant claims defects towards of the STATION Berlin Event GmbH after the hand-over without delay. This provision shall not apply for defects which had been maliciously concealed.
6.3 Damage incurred in the course of the event in or to the rental premises shall be reported to the STATION Berlin Event GmbH without delay.
6.4 The Tenant shall report any material defects to the STATION Berlin Event GmbH verbally and in writing without delay. The Tenant can only claim damages, if the STATION Berlin Event GmbH has not taken remedial action within a reasonable period of time, if remedy is not possible, or if it has been denied.
6.5 However, the Tenant shall only have the right to a reasonable rent reduction and, in addition to that, but only in the case of significant defects which could not be sufficiently removed despite of a reasonable grace period given and which significantly impair the performance of the event, the right to terminate without notice. Any further liability of the STATION Berlin Event GmbH is excluded, unless the defect is attributable to a grossly negligent or intentional action of the STATION Berlin Event GmbH or their agents, or due to the lack of a promised feature.
6.6 The Tenant undertakes to remove any damage incurred to the rental premises or otherwise on or to the site STATION-Berlin, Luckenwalderstraße 4-6, 10963 Berlin in connection with the event at the Tenant’s cost without delay, and to have the original condition restored. This shall apply without prejudice to whose fault it was, unless the damage was caused by employees or agents of the STATION Berlin Event GmbH grossly negligently or intentionally. However, the STATION Berlin Event GmbH shall in no case be liable for slightly negligent causes by the above persons, and also the Tenant’s direct claims for compensation against such persons shall be excluded.
6.7 Within and outside of this contract, the STATION Berlin Event GmbH shall be only liable as stated below:
  a) Unlimited liability in the case of malicious concealment of defects, the lack of guaranteed features, as well as in the case of any culpable injury to life, body or health, unless such liability is excluded or restricted by law;
  b) In case of intentional or grossly negligent violation of duties, the liability for material damage and damage to property shall be limited to the damage typical to such contracts and predictable, if it was caused through gross negligence by an employee who does not have an executive position;
  c) In other cases of negligence causing material damage and damage to property, liability shall exist only in case of the breach of significant contractual duties (cardinal duties) and it shall be also limited to damage typical to such contracts and predictable.
  As far as the liability is, for material damage and damage to property, limited to damage typical to such contracts and predictable in accordance to the above letters b) and c), the same shall apply to loss of profit and unrealised savings. As for the rest, the liability for consequences of the defect shall be excluded in these cases, too.
6.8 As far as the liability of the STATION Berlin Event GmbH is excluded or limited according to above paragraphs, the same shall apply for the personal liability of employees, representatives and agents of the STATION Berlin Event GmbH.
7. Use of the Rental Premises
7.1 Structural measures intended by the Tenant (superstructures and conversions) are subject to the prior written consent of the STATION Berlin Event GmbH. For this, the Tenant must submit all the necessary implementation documents, such as development plan, drilling plan, decoration plan etc., to the STATION Berlin Event GmbH, and co- ordinate it with the STATION Berlin Event GmbH with regard to the safety regulations.
7.2 The Tenant shall hand over to the STATION Berlin Event GmbH all implementation documents with regard to superstructures and conversions (development plan, time schedule for setup and dismantling etc.) at the latest with the plans according to Section 5(5) of the Rental Agreement STATION-Berlin, in order to facilitate the planning of the process and the safety measures.
7.3 The Tenant undertakes expressly not to lock the entries and exits as well as the emergency exits during the time of the event(s), and not to keep them blocked.
7.4 Hanging decoration items onto the curtains as well as hammering down nails into the in-house floor boards or platforms is forbidden.
7.5 The STATION Berlin Event GmbH does not assume any warranty that the rental premises can be heated to a specific temperature. In case of need, the Tenant may have to supply additional heaters at his own cost.
7.6 Animals are generally not permitted at the events. Exceptions can be made on application, but must be agreed in writing.
7.7 The regulation on noise protection and ordinance about the operation of structural facilities (Betriebs-Verordnung - BetrVO) of the Land Berlin must be observed.
7.8 Decorations, advertising items and other superstructures and conversions must comply with the conditions on fire safety and, as far as necessary, to the regulations of the Bauordnungsamt. In any case, they must be of low flammability (B1). They may be brought in only with the prior written consent of the STATION Berlin Event GmbH. The Tenant shall provide the certificates required for this purpose in good time.
7.9 Corridors, emergency exits, emergency lighting and fire extinguishing equipment must not be blocked or covered. The exits must be kept unlocked during the event.
7.10 Backdrops and decoration items made of combustible material (wood, paper, fabric etc.) must have been made low flammable by special treatments. Walkable movable facilities such as gangplanks or bridges which are higher than 0.60 m above the floor must be equipped with suitable means to protect persons as well as objects from falling down.
7.11 The use of naked flames or flammable materials, mineral oil, spiritus, condensed or compacted gases, and similar, is inadmissible.
7.12 Staircases,entrances and exits shall be used jointly by the Tenant and possible other eventorganisers during the time of the setup and dismantling and possibly also during the course of the event.
7.13 The removal of commercial waste similar to domestic waste will be organised and performed by the STATION Berlin Event GmbH at the costs of the Tenant. The applicable fee for the disposal of commercial waste similar to domestic waste is €55 for every cubic metre or part thereof plus 19% VAT.
7.14 Any waste disposal in excess thereto, as well as the waste disposal for the food and beverage area, shall be handled by the Tenant in time and at his own cost. It shall be observed that food and beverage waste must be placed in closed odourless containers. Waste must be disposed of not later than on the day after the event.
8. Drilling and drilling permits
Drilling in the masonry of the rental object is strictly forbidden. Should the tenant however urgently need to drill, this requirement shall be submitted in writing to the STATION Berlin Event GmbH at the latest with the corresponding plans in accordance with Section 5, Number 5 of the STATION Berlin rental agreement. A drilling plan with the specification of the diameter and depth of the bore holes, showing exactly where the bore holes are to occur, must accompany this request. For the approval and for the drilling and closing off of a bore hole a fee of 35.00 Euros per bore hole will be charged. This fee will be doubled in the event that drilling is carried out without the permission of the STATION Berlin Event GmbH. The assertion of additional damages on the part of the STATION Berlin Event GmbH is hereby not excluded.
9. Security personnel, emergency escape routes and emergency lighting
9.1 Security personnel shall be provided by the tenant at his own cost. The tenant is responsible for engaging suitably qualified security personnel. The tenant is obligated to show the STATION Berlin Event GmbH proof of the suitability of security personnel in due time. In the case of doubt concerning the suitability of security personnel, the STATION Berlin Event GmbH can demand that the tenant provides better suited security personnel.
9.2 In any case, the tenant is obligated to provide at least two security guards from PTB Sicherheitsmanagement GmbH at his own cost for the security of the STATION Berlin premises during the period of rental. The employees of PTB Sicherheitsmanagement GmbH are familiar with the situation at the rental site.
9.3 The tenant may employ additional security personnel from PTB Sicherheitsmanagement GmbH at his own cost. The STATION Berlin Event GmbH shall organise security instruction in so far as the tenant engages security personnel from a third party company.
10. Returning and vacating the rental object
10.1 The tenant is obligated to vacate the rental object following the agreed period of rental and return the rental object to the STATION Berlin Event GmbH.
10.2 The tenant is, in particular, obligated to remove all structural changes to the rental object prior to returning the rental object to the STATION Berlin Event GmbH, unless the STATION Berlin Event GmbH has expressly declared its consent to take back the rental object with the structural changes.
10.3 Should the tenant not punctually or properly meet his obligations to vacate the rental object and return the rental object as contractually agree, following a reasonable period of grace following a reasonable period of grace shall be entitled to have the rental object vacated at the cost of the tenant. The tenant is liable for all damage arising from this action, unless such damage has been caused by grossly negligent or deliberate behaviour on the part of the STATION Berlin Event GmbH or its employees and vicarious agents.
10.4 In so far as the tenant does not punctually or properly meet his obligations to vacate the rental object and return the rental object as contractually agree, he shall be obligated to reimburse the STATION Berlin Event GmbH a corresponding compensation for use of the rental object in addition to the agreed rental fee in accordance with the time over which this situation occurs. The STATION Berlin Event GmbH reserves the right to assert damages in addition to this compensation.
11. Termination without notice
11.1 The parties are entitled to terminate the STATION Berlin rental agreement for an important reason without serving notice. In particular, an important reason exists for the STATION Berlin Event GmbH
  a) when the agreed rental fee or the pre-payment of ancillary services or the agreed securities of the tenant are not paid within a reasonable period of grace
  b) when it is found after conclusion of the rental agreement that there is reason to fear a disturbance of public safety and order or damage to the image of the STATION Berlin Event GmbH in connection with the event or the event is contrary to the general interests of the STATION Berlin Event GmbH
  c) when deviations to the purpose of the event as agreed in Section 2, Number 1 of the STATION Berlin rental agreement occur without the express consent of the STATION Berlin Event GmbH
  d) when proof of a liability insurance on the part of the event organiser is not furnished following a reasonable period of grace
  e) when approvals or permits are not granted for the event
  f) when the tenant is unable to furnish proof of other applications or approvals for public authorities following a reasonable period of grace
  g) when an insolvency process is initiated in respect of the tenant's assets.
11.2 Should the STATION Berlin Event GmbH exercise its right to terminate the agreement for an important reason without notice, the STATION Berlin Event GmbH shall retain the right to claim payment of the agreed rental fee and ancillary service costs, taking account of the saved expenditures. In this case, the tenant shall have no claim to damages.
12. Deficit payment
12.1 Should the tenant fail to carry out the event – except in cases of extraordinary termination for an important reason – the tenant shall be obligated to pay the following percentages of the rental fee, including the calculated costs of ancillary services, that is the following percentages of the amount in accordance with Section 4, Number 3 of the STATION Berlin rental agreement to the STATION Berlin Event GmbH:

Cancellation of the event

up to eight weeks before the beginning of the rental period 50 %
between eight and four weeks before the beginning of the rental period 75 %
between four and two weeks before the beginning of the rental period
two weeks or less before the beginning of the rental period 90 %
or without notification of the cancellation 100 %
12.2 Decisive is the point in time at which the STATION Berlin Event GmbH receives notification of the cancellation.
12.3 For the case that different times are agreed for the beginning of the rental period for different parts of the rental object in accordance with Section 1 of the STATION Berlin rental agreement, the earliest beginning of the rental period in relation to the overall event is decisive.
12.4 The STATION Berlin Event GmbH shall in any case reserve the right to assert further damages against the tenant. The tenant shall be entitled to show proof that no damages or substantially less damages arise for the STATION Berlin Event GmbH.
13. Offset/Right of retention/Assignment
13.1 The tenant shall be entitled to offset rights in relation to the STATION Berlin Event GmbH only when his counter- claims are legally recognised, undisputed or recognised by the STATION Berlin Event GmbH
13.2 The same applies for rights of retention, in so far as the tenant is a businessman, a legal person of public law or fund assets in accordance with public law. In so far as the tenant does not belong to these groups, he is authorised to exercise the right of retention only in so far as his counter-claim arises from the same contractual relationship.
13.3 The assignment of claims on the part of the tenant in relation to the STATION Berlin Event GmbH its employees, vicarious agents or others employed in the performance of its services is excluded. Section 354a of the Commercial Code remains unaffected by this stipulation.
14. Enforcing claims
Claims of any kind on the part of the tenant against the STATION Berlin Event GmbH, its employees and vicarious agents shall be asserted in writing at the latest two weeks following the end of the event or directly notified to employees or vicarious agents of the STATION Berlin Event GmbH. Claims of the tenant will not be recognised after this time (period of exclusion).
15. Advertising
Advertising fixtures, signs, transparencies, etc. may be used and put up within and outside of the rental object only after the previous express consent of the STATION Berlin Event GmbH. These shall be removed again within the agreed period of rental.
16. Radio, Television, Photos, Audio, Film/Video
16.1 Radio, television, photos, audio or film/video recordings of the tenant or a third party shall require the previous consent of the STATION Berlin Event GmbH.
16,2 Excepted from the stipulation of consent and permitted by the tenant without restriction exclusively within the rental object and on the remaining premises of STATION Berlin, Luckenwalder Str. 4-6, D-10963 Berlin are recorded photo and film/videos for internal presentation purposes of the tenant.
16.3 In any case, the publication of recordings or broadcasts shall name the rental object "STATION Berlin" in a prominent position.
17. Separability clause
The general terms and conditions remain in effect for the case that a stipulation of this agreement is found to be legally ineffective. The legally ineffective stipulation shall be replaced by a stipulation reflecting the economic and legal purposes of the agreement. Should this be impossible, the parties to the agreement are obligated to substitute a stipulation most closely approximating the intent of the invalid stipulation and reasonably considering the interests of both parties to the agreement.
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