GENERAL RENTAL AND TERMS AND CONDITIONS
of Gebrüder Fritz GmbH, Münzstraße 21, 10178 Berlin
- hereinafter also referred to asthe "Location Provider" -
In addition to its event services, Gebrüder Fritz GmbH focuses on the short-term (also partial) provision of premises (hereinafter also referred to as "location"). These are premises within unoccupied old apartments in Berlin, which are particularly suitable for individual event projects, such as dinners, workshops, private events or PR events as well as for photo and film shoots with special requirements due to their high-class equipment. The rental of a location takes place exclusively on the basis of these rental conditions; deviating or conflicting conditions are not recognized unless the location provider has agreed to them in writing.
1. the location provider's offers are non-binding and can be revoked at any time before the location provider sends the booking confirmation, unless otherwise agreed in writing. Verbal and telephone agreements require the confirmation of the location provider in text form in order to be valid.
2. the location provider sends the location taker an offer in text form. The location taker shall send the location provider a confirmation of this offer if the location provider agrees to the offer. The offer shall be confirmed by signing the offer and returning it to the location provider ("confirmed offer"), whereby sending it in text form is sufficient (e.g. a scanned signature on the document by e-mail). The binding contract is only concluded when the location provider sends the location taker a confirmation of the booking in text form (hereinafter referred to as "booking confirmation").
3. the address of the location to be rented, the agreed scope of the room, the respective purpose of the rental, any additional services of the location provider and the rental period are conclusively stated in the confirmed offer. Unless otherwise stated in the offer, the location shall be made available for use by the location provider on the specified date from 8:00 am to 6:00 pm. Changes to the rental period specified in the confirmed offer are only possible with the consent of the location provider in text form.
1. the location customer undertakes to pay the location provider a flat-rate rent for the use of the rooms plus the applicable statutory VAT, the amount of which - in addition to the other services ordered - is shown in the confirmed offer.
2. furthermore, the location customer undertakes to pay to the location provider the remuneration stated in the confirmed offer or the usage fee for agreed other (service) performances or additional furnishings and equipment plus the respective statutory sales tax.
3. in the event that the location customer exceeds the agreed rental period, the location customer shall be obliged to pay the location provider an amount in addition to the rental fee in accordance with clause 1 above in the amount of the hourly rate stated in the offer per hour or part thereof.
1. the location customer undertakes to make an advance payment to the location provider amounting to 80% of the total amount shown in the confirmed offer (§2 clauses 1 and 2) before the start of the rental period. The location provider shall issue a corresponding advance payment invoice (also referred to as a deposit invoice) for the advance payment owed. At the end of the rental period, the location provider shall invoice the location provider for its overall performance, taking into account the advance payment.
2. the payments from the invoices of the location provider according to the above clause 1 are due within 14 days after receipt of the invoice. However, the receipt of the advance payment owed to the location provider in accordance with clause 1. must be recorded in any case before the start of the rental period, otherwise the location provider shall be entitled to refuse the handover and transfer of the location or to terminate the contract in accordance with §5 of these rental and business terms and conditions. The timeliness of the payment shall be determined by the credit entry on the account of the location provider, not by the dispatch of the money.
3. upon expiry of the aforementioned payment deadline, the location holder shall be in default without the need for a reminder.
4. the location customer may only withhold reductions if these are undisputed or have been legally established. The location holder expressly reserves the right to reclaim the reduction amounts in accordance with §812 BGB. Furthermore, the location customer shall not be entitled to offset counterclaims or to assert a right of retention on the basis of such counterclaims, unless these are undisputed or have been legally established. Excluded from this are claims of the location customer for which the location provider is responsible due to intent or gross negligence.
1. the location customer may only use the rental object for the agreed purpose. Any change to the rental purpose requires the consent of the Location Provider in text form. The location customer shall not be entitled to sublet or otherwise transfer the use to third parties without the prior written consent of the location provider. The house rules attached to these rental and business terms and conditions shall be deemed an integral part of the contract and must be complied with by the location customer
2. if the location customer intends to provide access to the rented property for persons unknown to him during the rental period, for example in the context of a public event, he must obtain the consent of the location provider in text form 14 days in advance. The holding of public events - including de facto public events - without the prior consent of the Location Provider is prohibited.
3. the location customer shall treat the rental object and the equipment and facilities therein with care. The location customer shall be liable to pay compensation for damage to the rental object and/or the building as well as the facilities belonging to the rental object and/or the building, as well as for the loss or theft of objects from the rental object during the rental period, insofar as they have been caused by him or a person belonging to his company. This shall also apply to damage to the rental object or the loss or theft of objects from the rental object caused by customers, visitors, guests, suppliers of the location holder as well as by craftsmen, insofar as they are vicarious agents of the location holder.
4. damage to the location or to movable rental objects as well as the loss or theft of objects must be reported by the location taker to the location provider immediately after discovery or cause.
5. the location taker shall indemnify the location provider against all claims asserted by third parties against the location provider as a result of a breach of the house rules and/or damage in accordance with section 3 above.
6. the location customer must take out adequate insurance against the risks of use before the start of use and provide proof of the insurance to the location provider on request.
1. the fixed rental period agreed within the confirmed offer shall not affect the parties' right to extraordinary termination for good cause.
2. the location provider shall be entitled to extraordinary termination of the contract without observing a notice period with immediate effect, in particular if
a) the location customer does not make the advance payment in accordance with §3 clause 1. of this contract despite a proper invoice and reminder after expiry of the payment deadline;
b) a significant deterioration in the economic circumstances of the location holder occurs after conclusion of the contract. Such deterioration shall be assumed in particular if seizures or other enforcement measures are levied;
c) the location taker organizes, advertises or otherwise announces a public event without the consent of the location provider in accordance with § 4 clause 2;
d) the location customer does not provide the location provider with proof of sufficient liability insurance in accordance with § 4, item 6 before the start of use despite being requested to do so;
e) The location taker contacts the property management without the prior consent of the location provider contrary to § 6 clause 3;
f) The location taker does not inform the location provider about official approval procedures contrary to § 6 clause 2 or does not hand over a copy of the correspondence with the authorities at the request of the location provider.
3. the location holder shall be granted a contractual right of withdrawal against payment of an amount of money (hereinafter also referred to as "cancellation fee") according to the following scale:
Cancellation between 8 months and 3 months before the start of the rental period:
Cancellation fee of 30% of the total amount shown within the confirmed offer (§ 2 clauses 1 and 2)
Cancellation between 3 months and 1 month before the start of the rental period: Cancellation fee of 50% of the total amount stated within the confirmed offer (§ 2 clauses 1 and 2).
Cancellation between one month and 5 days before the start of the rental period: Cancellation fee of 80% of the total amount stated in the confirmed offer (§ 2 clauses 1 and 2).
Cancellation less than 5 days before the start of the rental period: the total amount stated in the confirmed offer remains due in full (§ 2 clauses 1 and 2).
The day on which the rental period begins shall not be included in the calculation of the period. A withdrawal which is declared with a notice period of more than eight months before the start of the rental period shall not trigger any payment obligation on the part of the location holder. In all other respects, clause 4 below shall apply.
4. a withdrawal in accordance with the above clause 3 must be declared to the location provider in text form. If a declaration of withdrawal is received by the location provider later than five days before the start of the rental period, the total amount stated in the confirmed offer (§ 2 clauses 1 and 2) shall remain due in full. The day of the start of the rental period shall not be included in the calculation of the deadline. Saturdays, Sundays and public holidays are included in the calculation of the deadline. In all other respects, Section 188(2) BGB shall apply.
Example invoices for cancellation fees according to the above points 3, 4: Event date on October 11, 2020 (Sunday)
- Withdrawal on February 10: no payment due
- Resignation on February 11, 2020: 30 %
- Resignation on July 11, 2020: 50%.
- Resignation on September 11, 2020: 80 %
- Resignation on October 05, 2020: 80%
- Resignation on October 06, 2020: 100%
1. the location taker shall be responsible for obtaining any official permits required for the purpose of the rental; he shall comply with all relevant requirements at his own expense, even if special requirements are imposed on the rented premises by the authorities. In this respect, the Location Provider shall be exempted by the Location Taker. Within the scope of its duty to grant use, the Location Provider shall only be responsible for ensuring that the use of the rented property as living space is permitted under building law.
2. the location taker shall inform the location provider of the intended application before submitting any applications for official permits. During an application procedure for the granting of official permits, the location taker shall keep the location provider informed of the respective status of the procedure at all times. Upon request of the Location Provider in text form, the Location Taker shall immediately send a copy of the correspondence exchanged with the authorities, in particular letters of application and any permits granted or rejection notices, to the Location Provider.
3. the location taker is prohibited from contacting the property management responsible for the rented property without the prior written consent of the location provider, insofar as this contact relates to the rented property or its use.
1. claims of the location customer for damages are excluded. Excluded from this are claims for damages by the location customer arising from injury to life, limb or health or from the breach of essential contractual obligations ("cardinal obligations") as well as liability for other damages based on an intentional or grossly negligent breach of duty by the location customer, its legal representatives or vicarious agents.essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. in the event of a breach of essential contractual obligations, the location provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the location customer's claims for damages are based on injury to life, limb or health.
3. the restrictions of the above clauses 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the location provider if claims are asserted directly against them.
4. the limitations of liability resulting from the above clauses 1, 2 and 3 shall not apply if the location provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the rental object. The same applies if the location provider and the location customer have reached an agreement on the quality of the rental object. The provisions of the Product Liability Act shall remain unaffected.
1. condition of the rented property, materials
a) The rental property has high-quality flooring, such as historic parquet and high-quality tiles. The location holder undertakes to protect the floor with suitable measures, such as tennis balls for tripods or similar, during all set-ups, in particular during the assembly of furniture or decoration, film and photo equipment.
b) The location holder undertakes not to push or pull objects over the ground, but to transport or move them exclusively in a suspended state (lifted from the ground).
c) It is prohibited to tape the floor, walls and objects with so-called gaffa tape or similar resistant adhesive tape in order to prevent the solvents within the adhesive from coming into contact with the rental object.
d) The attachment of objects to the walls of the rented property, in particular posters, pictures, decorative objects or similar, is only permitted with the prior written consent of the location provider and is only permitted using tape provided by the location provider.
e) Inventory and accessories may be used as props by prior arrangement.
2. photo and/or film recordings
a) Photography and/or filming is only permitted inside the rented property. The use of film and/or flash photography outside the rental property is prohibited.
b) The location provider grants the location taker the non-exclusive right, unlimited in terms of time, space and content, to use and exploit photographs and/or film recordings of the rental object comprehensively, in particular with the aim of commercial marketing. The granting of rights expressly includes all known and unknown forms of publication, in particular on the Internet.
3. traffic safety obligation
The location customer shall be responsible for traffic safety during the rental period. The location taker shall indemnify the location provider against any
The customer shall be indemnified against any third-party claims arising from a breach of the duty to maintain public safety during the rental period.
4. the location customer undertakes to register any works subject to GEMA fees with the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (hereinafter referred to as "GEMA") before the start of the rental period and to pay the GEMA fees in due time. The location customer shall indemnify the location provider against any claims by GEMA with regard to the performance of works subject to GEMA fees by the location customer during the rental period.
5. no carrying aids are available to the location holder within the rented property. Any suppliers of the Lessee must be instructed accordingly that items delivered or to be collected must be transported independently.
6. the location provider does not guarantee increased burglary protection and assumes no liability for items brought in by the location taker which are stored in the location - for example overnight. The location provider also has no insurance to cover such risks.
1. amendments and supplements to these General Terms and Conditions or an agreement shall only be effective if they have been agreed in writing and signed by or in favor of each of the contracting parties. This shall also apply if the written form requirement is to be waived.
2. should one of these rental conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a provision shall be deemed to have been agreed that comes as close as legally possible to what was intended by the parties in accordance with the original meaning and purpose of the invalid or unenforceable provision. The same applies to a loophole in these rental conditions.
The house rules are an integral part of the rental conditions and of every rental contract for the short-term use of the locations. The location holder undertakes to observe and comply with the following provisions:
1. avoidance of disturbance of the peace and other nuisances: Disturbing noise is to be avoided inside and outside the rented property, i.e. within the entire building (including the balconies and on other areas of the property). Particular consideration is required during quiet hours, i.e. at night from 10.00 p.m. to 6.00 a.m. and on Sundays and public holidays. The Berlin State Immission Control Act applies, which the location holder undertakes to observe. The location holder shall ensure that disturbances of the peace and/or other nuisances caused by set-up and dismantling work as well as public traffic during the aforementioned quiet hours from 10 p.m. to 6 a.m. as well as on Sundays and public holidays are excluded. Barbecues are not permitted in the rented property.
2. maintenance of order and safety Building and courtyard entrances, corridors and staircases must be available as escape routes and must always be kept clear. Dangers and disruptions of any kind, in particular to supply lines, must be reported immediately to the responsible utility company and the location provider. Nothing may be spilled, poured or thrown from windows, balconies or corridors. Objects that are not secured may not be placed on window sills, balcony parapets and the like.
3. filming and photographyFilming and photography is only permitted inside the location. The use and filming of the stairwell or inner courtyard is only permitted with the prior written consent of the location provider. Lighting structures/lighting cranes from outside must also be requested from the location provider at least 14 days in advance and are only permitted with the prior written consent of the location provider. In the event of complaints from neighbors, the location holder must respond immediately and remedy any nuisance or disturbance reported.
4. floors & walls: The use of various tapes such as Gaffa is not permitted in the locations, as the adhesive surface contains solvents that damage surfaces (walls & floor). The attachment of pictures or similar objects to the walls is only permitted with the prior written consent of the location provider. As the walls are not plastered, there are restrictions regarding hanging. The specifications of the location provider regarding the hanging of objects on the walls must be observed and any materials provided by the location provider (such as gallery rails) must be used by the location taker.
