TERMS AND CONDITIONS FOR THE HIRE OF A FOX LOUNGES CONFERNCE OR MEETING ROOM
CLAUSE 1 LEGAL FORCE
- These Terms and Conditions apply to all contracts concluded in order to hire a conference or meeting room from Dr. Künzel & Dr. Drews Projekt GbR (hereinafter referred to as FOX LOUNGES) in order to conduct conferences, seminars, training courses, exhibitions or other events and to any other type of performance furnished by FOX LOUNGES in this respect.
- Terms and conditions belonging to the respective contractual partner (hereinafter referred to as the Hirer) or third parties will not apply, even if FOX LOUNGES does not object to the legal force of such terms and conditions separately. Even if FOX LOUNGES refers to a notification that contains or refers to the terms and conditions of the Hirer or of a third party, this does not constitute agreement with the legal force of those terms and conditions.
CLAUSE 2 CONTRACTUAL PARTIES
- The services offered by FOX LOUNGES are directed at merchants [Unternehmer, as specified in German law] within the meaning of article 14 BGB (German Civil Code) and private individuals. A merchant within the meaning of this provision is any natural or legal person or partnership with legal capacity, who when completing a legal transaction is acting in a commercial or self-employed professional capacity.
- By sending his or her booking request in accordance with clause 3 paragraph 2, the Hirer confirms that he or she is a merchant within the meaning of article 14 BGB and concludes the hire contract in his or her capacity as a merchant.
CLAUSE 3 CONCLUSION OF CONTRACT
- If FOX LOUNGES advertises the hire of a conference or meeting room on the internet and in brochures, flyers or other documents, this does not constitute a binding offer to conclude a hire contract, but merely an invitation to submit a booking request.
- On the fox-lounges-de website (hereinafter referred to as the Booking Portal), FOX LOUNGES provides an online form to allow the Hirer to send a booking request to FOX LOUNGES after entering the required information. By making the booking request, the Hirer offers to conclude a hire contract, which FOX LOUNGES accepts by sending booking confirmation. The contract is concluded as soon as the Hirer receives the booking confirmation.
CLAUSE 4 SERVICES
- FOX LOUNGES will provide the Hirer with the conference room plus kitchen/BAR and sanitary facilities or the meeting room with sanitary facilities (hereinafter referred to as the Hired Premises) on the date and hire period specified in the booking confirmation.
- The conference or meeting room comes with basic facilities for offices and meetings and is handed over to the Hirer in a condition suitable for such purposes.
- The provision of certain equipment and services (e.g. flipcharts, whiteboards, projectors, internet access) in addition to the basic facilities referred to in paragraph 2 is not required unless agreed explicitly by the contractual parties. The same applies to any services above and beyond the provision of the hired premises (e.g. catering).
CLAUSE 5 PRICES
- Unless stated otherwise, all prices quoted by FOX LOUNGES are net prices in euros plus statutory value added tax.
- The prices for all services furnished by FOX LOUNGES in conjunction with the hire of a conference or meeting room are listed on the Booking Portal and charged, subject to any conditions specifying to the contrary, as follows:
- For hire of the room, depending on the hire period and number of people using the hired premises simultaneously or consecutively at the request of the Hirer.
- As a flat rate for any items of equipment and services to be provided separately.
- For food, based on the number of portions to be provided.
- A flat rate for drinks and cleaning after the event, depending on the number of people who use the hired premises simultaneously or consecutively at the instigation of the Hirer.
- If further services have been agreed, the payment owed for these will be based on the agreement reached between the contractual parties.
CLAUSE 6 PAYMENT
- The following payment terms apply to services to be rendered by FOX LOUNGES in conjunction with the hire of a conference or meeting room, unless otherwise agreed explicitly between the contractual parties:
- The room hire fee and the fee for all other services provided by FOX LOUNGES, the amount of which is established at the time the contract is concluded, is due 24 hours prior to the agreed start of the hire period;
- The fee for services based on consumption or services for which a fee has not yet been established when the contract is concluded for other reasons is due at the end of the hire period;
- Any additional payments which the Hirer is obliged to make because the hire period or the number of people specified in clause 7 para. 3 has been exceeded or for other reasons, are due at the end of the hire period.
- FOX LOUNGES will invoice the Hirer for the payments owing as follows:
- Amounts due with the booking confirmation before the start of the hire period and
- Amounts due at the end of the hire period in a separate invoice. The amounts specified in the invoice must be paid without making any deductions and by transferring payments to the bank account specified by FOX LOUNGES or in cash with a receipt produced, unless another method of payment has been agreed. The date of payment is the date it is credited to FOX LOUNGES.
- The Hirer is only entitled to offset payments with counterclaims or withhold payments due to such counterclaims if such counterclaims are not in dispute or have been established by due legal process.
CLAUSE 7 EXCEEDANCE OF THE HIRE PERIOD OR NUMBER OF PEOPLE
- The hired premises are handed over to the Hirer at the start of the hire period and must be returned to FOX LOUNGES at the end of the hire period. The Hirer is not entitled to admittance to the hired premises prematurely or to use the premises beyond the agreed end of the hire period unless the Hirer has asked FOX LOUNGES in advance for an extension of the hire period and FOX LOUNGES has agreed to such amendment of the contract.
- The right to use the hired premises is limited to the contractually agreed number of people. If the number of people using the hired premises simultaneously or consecutively at the request of the Hirer exceeds the number of people stated in the booking request, the Hirer must inform FOX LOUNGES thereof at the end of the hire period at the latest. Prior consent must be obtained from FOX LOUNGES if the number of people using the hired premises is exceeded by more than one third.
- If the hire period agreed by contract is exceeded, the fee for all services, the prices of which are governed by the hire period, will be increased by one quarter of the hourly rate on which the contractual payment agreement is based for each quarter of an hour of use commenced before the originally agreed start of the hire period and after the originally agreed end of the hire period. If the number of people agreed by contract is exceeded, the payment for all services, the prices of which are calculated on the basis of the number of people using the hired premises simultaneously or consecutively at the instigation of the Hirer, will be increased in proportion to the contractually agreed number of people vis à vis the actual number of people.
CLAUSE 8 DUTIES OF THE HIRER
- The hire contract entitles the Hirer, his or her employees and his or her guests to use the hired premises. Any subletting or other transfer of use requires the prior consent of FOX LOUNGES in writing. If consent is refused, the Hirer is not entitled to the special right of termination as specified in article 540 para. 1 sentence 2 BGB.
- The Hirer will treat the hired premises, the inventory and the facilities provided with care and arrange for everything necessary and reasonable to prevent damage thereto. He or she will instruct his or her employees and guests to do likewise.
- Smoking in the hired premises and the whole of the building is prohibited. The Hirer will inform his or her employees and guests of the smoking ban.
- During the hire period, the Hirer has a legal duty to maintain safety throughout the hired premises.
- Keys or access codes given to the Hirer may not be passed on to third parties. No duplicate keys may be made.
- At the end of the hire period, the Hirer must return the hired premises to FOX LOUNGES in their original condition, complete with all facilities, equipment and keys.
CLAUSE 9 LIABILITY OF FOX LOUNGES
- Claims for damages against FOX LOUNGES, for whatever legal grounds, are ruled out, unless such claims are based on a wilful or grossly negligent breach of duty by FOX LOUNGES, its legal representatives or its agents, or on the culpable breach of a material contractual obligation. Material contractual obligations are those on whose observance the Hirer could rely and whose fulfilment makes the proper execution of the contract possible in the first place.
- In the event of a negligent breach of a material contractual obligation, the liability of FOX LOUNGES will be limited to typical and foreseeable damage.
- In the event of a negligent breach of a material contractual obligation, the liability of FOX LOUNGES will be limited to typical and foreseeable damage.
- If the Hirer, his or her employees or guests carry objects with them or bring these into the hired premises, such action or actions will be at their own risk.
CLAUSE 10 LIABILITY BY THE HIRER
- The Hirer will be liable for property damage and personal injury including any consequential damage caused by the Hirer, his or her employees or his or her guests during the hire period as specified in the relevant statutory provisions.
- The Hirer undertakes to indemnify FOX LOUNGES against claims by third parties arising from a culpable breach of obligations.
- The Hirer will be liable to FOX LOUNGES for the loss of hire income resulting from damage to the hired premises, the inventory and the equipment and facilities provided as well as for the loss of hire income resulting from the necessary eradication of such damage.
- If the Hirer does not return keys provided to him or her at the end of the hire period or reports that the keys have been lost, FOX LOUNGES will be entitled to have the lock cylinders in the doors concerned replaced and to demand the Hirer reimburses the costs incurred.
CLAUSE 11 WITHDRAWAL FROM THE CONTRACT
- The Hirer is entitled to withdraw from the contract up to the start of the hire period. However, he or she must pay 50% of the contractually agreed room hire fee as compensation for the loss, unless the withdrawal from the contract takes place at least 72 hours before the start of the hire period.
Expenses incurred by FOX LOUNGES as a result of providing services (e.g. catering) above and beyond the provision of the hired premises at the time of the withdrawal from the contract must be reimbursed by the Hirer. - FOX LOUNGES is entitled to withdraw from the contract until such time as it is possible for the Hirer to withdraw from the contract in accordance with paragraph 1 sentence 2 without any compensation owing, if it has received a conflicting booking request and the Hirer does not waive his or her right to withdraw from the contract in accordance with paragraph 1 despite being requested to do so by FOX LOUNGES. Furthermore, FOX LOUNGES has the right to withdraw from and terminate the contract without notice in the following cases at any time:
- If the Hirer has given FOX LOUNGES false or misleading information about facts material to the contract, in particular with regard to his or her person, his or her status as a merchant and the purposes for which the premises are being hired;
- If the purpose for using the hired premises breaches statutory regulations;
- If FOX LOUNGES has justified reason to believe that the use of the services provided might jeopardise the frictionless running of business processes, security or its public reputation without such risk being under the control or within the organisational powers of FOX LOUNGES;
- If the Hirer does not settle the room hire fee or any other payment due prior to the start of the hire period despite being requested to do so until the commencement of the hire period;
- If the Hirer sublets the hired premises contrary to clause 8 para. 1 sentence 2 without the consent of FOX LOUNGES or allows the use of the premises in any other way.
- Withdrawal from the contract must be made in writing. The time when the withdrawal from the contract is received is the time at which the withdrawal is deemed to have taken place.
CLAUSE 12 FINAL CLAUSES
- The contractual relationship between FOX LOUNGES and the Hirer is subject exclusively to German law.
- If the Hirer is a merchant [Kaufmann as specified under German law], a legal entity incorporated under public law or an off-budget entity or if he or she has no general place of jurisdiction in Germany, the exclusive venue for any disputes arising from the business relationship is Munich, Germany. FOX LOUNGES is also entitled to sue the Hirer at the Hirer’s venue at its discretion.
- Should certain provisions in these Terms and Conditions be or become wholly or partially without legal force or inapplicable, these will not prejudice the remaining provisions.
- Should there be omissions in the contract or these Terms and Conditions, legally enforceable provisions will be deemed to have been agreed to overcome such omissions, which the contractual parties would have agreed based on the commercial objectives of the contract and the purpose of these Terms and Conditions had they been aware of such omissions.