General Terms and Conditions for Events
Scope of application
These terms and conditions apply to contracts for the rental of conference, banquet and event rooms for the holding of events such as banquets, seminars, conferences, etc., as well as to all other related services and supplies provided by "Café am Neuen See Gastronomie Betriebs GmbH" - hereinafter referred to as "Café am Neuen See".
Subletting or reletting of the rooms, areas or showcases provided, as well as invitations to interviews, sales or similar events, require the prior written consent of Café am Neuen See.
Terms and conditions of the organizer shall only apply if this has been expressly agreed in writing.
Conclusion of contract, -partners, -liability
The contract is concluded by the acceptance of the application (confirmation) by Café am Neuen See to the organizer; these are the contractual partners.
If the customer/orderer is not the organizer himself or if a commercial intermediary or organizer is engaged by the organizer, they shall be jointly and severally liable with the organizer for all obligations arising from the contract.
Café am Neuen See is liable for its obligations arising from the contract. This liability is limited to deficiencies in performance which, except in the area of typical performance, are due to intent or gross negligence on the part of Café am Neuen See. In all other respects, the organizer is obligated to inform the Café am Neuen See in a timely manner of the possibility of an extraordinarily high loss.
The use of the Café am Neuen See company logo in printed and/or promotional materials requires the prior written consent of the Café am Neuen See management. A copy of any material must be sent to Café am Neuen See for approval prior to use of the logo.
House Rules
Participants of an event at Café am Neuen See must remain in the exclusively rented premises. It is not allowed to enter other areas of the Café am Neuen See.
The organizer will be held responsible for any damage to property on and in the building caused by his event and is also responsible for the behavior and conduct of the guests participating in his event. He is further bound by the rules of the Café am Neuen See, which will be made available upon request at any time. The Café am Neuen See reserves the right to refuse service to loud and disruptive guests and to expel said guests from the premises. The organizer agrees to assume full responsibility for the conduct and behavior of all guests, employees and third parties during his event, provided they have been hired by the organizer. No event held at Café am Neuen See may be made available to the public through ticket sales or internet marketing. All events held at Café am Neuen See must be exclusive events to which admission is by personal invitation only.
Drugs/Smoking: Any use or abuse of illegal and legally prohibited drugs at Café am Neuen See is strictly prohibited. Any violation will be turned over to the police and reported to the police. The simultaneous use of a toilet cubicle is not permitted - if such an act is noticed, the persons concerned will be immediately expelled from the premises. Smoking is strictly prohibited in the entire Café am Neuen See.
Guest list: Admission to Café am Neuen See is not open to the public and is therefore restricted. Organizers must send a complete guest list to Café am Neuen See up to two business days before the event. The guest list must be in alphabetical order by last name. The guest list may not exceed the number of persons agreed upon in advance in the contract, unless prior authorization has been given by Café am Neuen See.
Services, Prices, Payment
The Café am Neuen See is obliged to provide the services ordered by the organizer and promised by the Café am Neuen See.
The organizer is obliged to pay the agreed prices of Café am Neuen See for these services. This also applies to services and expenses of Café am Neuen See to third parties in connection with the event.
The agreed prices include the respective statutory sales tax. If the period between the conclusion of the contract and the event exceeds 4 months and if the price generally charged by Café am Neuen See for such services increases, the contractually agreed price may be increased appropriately, but by a maximum of 10%.
Invoices of Café am Neuen See without due date are payable within 14 days from the date of invoice without deduction. In case of delayed payment, Café am Neuen See is entitled to charge interest in the amount of 4% above the respective base interest rate according to §1 of the Discount Rate Transition Act or the corresponding successor interest rate of the European Central Bank. The organizer reserves the right to prove a lower, the Café am Neuen See a higher damage. 5.
The Café am Neuen See is entitled to demand an advance payment at any time. The amount of the advance payment and the dates of payment shall be agreed upon in writing in the contract. The Café am Neuen See requires a full advance payment for room rentals, minimum sales and other already known costs. The amount stated in the contract must be received by three weeks prior to the event. Café am Neuen See reserves the right to cancel the organizer's booking if the money is not received in time.
Cancellation of the Café am Neuen See
If the advance payment is not made even after expiration of a reasonable grace period set by Café am Neuen See with threat of refusal, Café am Neuen See is entitled to withdraw from the contract.
Furthermore, Café am Neuen See is entitled to withdraw from the contract for objectively justified reasons, for example if- force majeure or other circumstances for which Café am Neuen See is not responsible make the fulfillment of the contract impossible;- events are held under misleading or false statement of essential facts, e.g. the Café am Neuen See has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety or the public image of the Café am Neuen See, without this being attributable to the Café am Neuen See's sphere of control or organization;- there is a violation of paragraph 2 above.
The Café am Neuen See shall immediately inform the organizer of the exercise of the right of withdrawal.
The organizer has no claim for damages against the Café am Neuen See, except in the case of intentional or grossly negligent conduct of the Café am Neuen See.
Withdrawal of the organizer (cancellation)
In case of cancellation by the organizer, Café am Neuen See is entitled to charge the agreed contract prices, provided that a further rental is no longer possible.
1.2 In case of cancellation, the following regulation & fee will come into effect:
2.1. events with a total value of EUR 2.000,00 and less - cancellation between 30 and 20 days before the event: 50% of the agreed contract prices
less than 20 days before the event: 80% of the agreed contract pricesless than 7 days before the event: 90% of the agreed contract pricesless than 72 hours before the event: 100% of the agreed contract prices
2.2. events with a total value of EUR 2,001.00 to EUR 5,000.00 - cancellation between 8 and 6 weeks before the event: 50% of the agreed contract prices
less than 6 weeks before the event: 75% of the agreed contract prices less than 3 weeks before the event: 100% of the agreed contract prices
2.3. events with a total value of EUR 5,001.00 to EUR 8,000.00 - cancellation between 12 and 8 weeks before the event: 50% of the agreed contract prices
less than 8 weeks before the event: 75% of the agreed contract prices less than 6 weeks before the event: 100% of the agreed contract prices
2.4. events with a total value of EUR 8,001.00 and more - cancellationAfter signing the contract:20% of the agreed contract prices
between 18 and 10 weeks before the event: 50% of the agreed contract pricesless than 10 weeks before the event:75% of the agreed contract pricesless than 8 weeks before the event: 100% of the agreed contract prices
3. if no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be taken as a basis.
4. saved expenses are compensated. The organizer reserves the right to prove a lower, the Café am Neuen See a higher damage.
Changes in the number of participants and the event time
1. A change in the number of participants by more than 5% must be communicated to the Event Sales Department no later than 8 working days before the start of the event; it requires the approval of Café am Neuen See.
2. A reduction in the number of participants by a maximum of 5% no later than 8 working days will be recognized by Café am Neuen See when invoicing. In case of deviations beyond this, the originally reported number of participants will be used as a basis.
3. In case of an upward deviation, the actual number of participants will be charged.
4. In case of deviations in the number of participants by more than 10%, Café am Neuen See is entitled to reset the agreed prices as well as to exchange the confirmed rooms, unless this is unreasonable for the organizer.
5. If the agreed starting or closing times of the event are postponed without the prior written consent of Café am Neuen See, Café am Neuen See may charge additional costs for the readiness to perform, unless Café am Neuen See is at fault.
6. Final numbers must be confirmed no later than 48 hours before the event. Should the number of persons decrease thereafter, the organizer will be charged for the previously confirmed number of persons. However, should the number of persons increase, Café am Neuen See will endeavor to confirm the larger number. In case of a higher number of persons, the organizer will be charged for it.
Bringing food and beverages
The organizer is generally not allowed to bring food and beverages to events.
Exceptions require a written agreement with the Event Sales Department. In such cases, a contribution will be charged to cover overhead costs.
Changes to the food selection
All food and beverages are subject to availability. If, contrary to expectations, an item selected by the event organizer is not available, Café am Neuen See will offer and provide a suitable substitute which will be accepted by the event organizer. Offers and prices are subject to minor changes.
Minimum turnover
Should a minimum turnover of food and beverages for the duration of the event have been contractually agreed upon in advance and this has not been reached by the end of the event, the difference will be charged additionally as extra room rent. If payment of this amount is not made directly on site on the day of the event, the credit card deposited as security will be charged with it.
Technical facilities and connections
As far as Café am Neuen See procures technical and other equipment from third parties for the organizer at the latter's instigation, it acts in the name, on behalf and for the account of the organizer.
The organizer is liable for the careful handling and the proper return of the equipment. He shall indemnify Café am Neuen See from all claims of third parties arising from the provision of these facilities.
The use of the organizer's own electrical equipment using the power supply system of the Café am Neuen See requires the written consent of the latter. Any disturbances or damages to the technical equipment of the Café am Neuen See caused by the use of such equipment shall be borne by the organizer, unless the Café am Neuen See is responsible for such disturbances or damages. The Café am Neuen See may record and charge the electricity costs arising from the use of such equipment on a flat-rate basis.
The Organiser is entitled, with the consent of the Café am Neuen See, to use his own telephone, telefax and data transmission facilities. The Café am Neuen See may charge a connection fee for this.
If suitable equipment of the Café am Neuen See remains unused due to the connection of the organizer's own equipment, an outage fee may be charged.
Malfunctions of technical or other equipment provided by Café am Neuen See will be remedied immediately, if possible. Payments cannot be withheld or reduced if the Café am Neuen See is not responsible for these disturbances.
Loss of or damage to items brought along
Exhibits or other items, including personal items, that are brought along are located in the event rooms or in the Café am Neuen See at the organizer's risk. The Café am Neuen See assumes no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the Café am Neuen See.
Decorative material brought to the event must comply with the requirements of the fire department. The Café am Neuen See is entitled to demand official proof of this. Due to possible damages, the installation and mounting of objects must be coordinated with the Café am Neuen See in advance.
Exhibits or other objects brought to the event must be removed immediately after the end of the event. If the organizer fails to do so, Café am Neuen See may remove and store the items at the expense of the organizer. If the objects remain in the event room, Café am Neuen See may charge room rent for the duration of their stay. The organizer reserves the right to prove a lower, the Café am Neuen See a higher damage.
Liability of the organizer for damages
1. the organizer is liable for all damages to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2. the Café am Neuen See may require the organizer to provide adequate securities (e.g. insurance, deposits, guarantees).
3. all exhibition elements and/or decoration by the organizer always require prior written approval by Café am Neuen See. All items brought in by the organizer will only be left on the premises at the organizer's own responsibility before, during and after the event. Café am Neuen See is not responsible for any damage or loss that may occur. The organizer confirms that the insurance of Café am Neuen See does not cover the organizer, but that the organizer and his insurance company are solely responsible for any loss or damage. The assessment for the necessity of the insurance is incumbent on the organizer. In individual cases, however, Café am Neuen See may require the conclusion of an appropriate organizer's liability insurance and asks for a copy of the corresponding insurance certificate.
4. the Café am Neuen See does not have a storage room and does not assume any responsibility for any equipment or products related to an event.
Final provisions
1. changes or additions to the contract, the application acceptance or these terms and conditions for events should be made in writing. Unilateral changes or additions by the organizer are ineffective.
2. place of performance and payment is the seat of the Café am Neuen See.
3. the exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - in commercial transactions shall be the registered office of the Café am Neuen See. If a contractual partner fulfills the requirements of §38 paragraph 1 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Café am Neuen See.
4. German law is applied.
5. should individual provisions of these general terms and conditions for events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
* Betriebsstätte: Café am Neuen See Gastronomie Betriebs GmbH* Lichtensteinallee 2 10787 Berlin**Bankverbindung: Berliner Volksbank- Konto: 825 1155004 Bankleitzahl: 100 900 00* IBAN: DE47 1009 0000 8251 155004 *BIC: BEVODEBBXXX* Geschäftsführer: Roland Mary Finanzamt für Körperschaften IV Steuer-Nr.: 30/087/79125