General Terms and Conditions of Hire

 

 

1 Definition of Purpose, Scope of Application

 

 

1.1

These General Terms and Conditions of Hire shall apply to any event/function taking place at the Kulturpalast and Castle Albrechtsberg.

 

 

1.2

Additionally, the “Supplementary Terms and Conditions of Hire for Exhibitions“ shall apply to exhibition events at the Kulturpalast and Castle Albrechtsberg.

 

 

1.3

Separate terms and conditions shall apply to public events/functions and ticket sales.

 

 

2 Subject Matter of the Contract

 

 

2.1

Hired property means: rooms, areas, fixtures and fittings, technical equipment, advertising space, personnel and services.

 

 

2.2

The Owner shall hand over all hired property to the Hirer in perfect condition; the Hirer shall inspect all hired property upon handing over. The Hirer shall not make any changes to the hired property without the prior consent of the Owner, advertising space shall not be covered or removed.

 

 

2.3

By concluding the contract the Hirer acknowledges that they are informed in detail of the location, size, equipment and the purpose of use of the rooms.

 

 

2.4

The Hirer shall lodge any complaints regarding any visible defects of the hired property without delay at the time of taking over.

 

 

3 Owner

 

 

Owner means Konzert- und Kongressgesellschaft mbH Dresden Kulturpalast / Schloß Albrechtsberg.

 

 

4 Hirer

 

 

4.1

The Hirer stated in the hire contract is at the same time Organiser of the event/function taking place on the hired premises and in the hired rooms. No handing over of the hired property, either entirely or partly, to any third parties is permitted without the express prior written consent of the Owner. The room(s)/property shall be used for no purpose other than the agreed.

 

 

4.2

The organiser shall be indicated on all printing matter, posters, invitations, the Internet etc.

 

 

4.3

The Hirer shall appoint a contact person to the Owner. This contact person shall at all times during the use of the hired property be present and shall be available to the Owner. 

 

 

4.4

The Hirer shall obtain effect and keep effective all permissions, licenses and permits which may be required in connection to the function at their expense and present these to the Owner on demand.

 

 

5 Reservations / Conclusion of Contract / Payment

 

 

5.1

Any written or verbal provisional reservation shall not be binding for the Hirer and Owner.

Within the scope of an option agreement, the Owner might oblige to make a binding reservation of the specified rooms until the period stated in the agreement. No provisional reservation or option shall be sufficient to claim the conclusion of the contract.

 

 

5.2

Provisional reservations shall not be accepted where

a) the event or parts thereof endanger public safety or order, prejudice the reputation of the city or are contrary to any prevailing law or regulation.

b) the programme or individual items thereof will be complained about by the Owner due to potential risks for personnel, visitors, the building or its furnishing/equipment and

c) the Hirer is not willing to change the programme.

 

 

5.3

The hire shall only be effective upon conclusion of a written hire contract.

 

 

5.4

The hire charge specified in the contract is payable as follows:

25 % of the hire charges twelve months prior to the commencement of the event/function or upon conclusion of the contract, when the commencement of the event/function will be within the twelve months.

The remainder of the hire charge(s) is payable one month prior to the commencement of the event/function. Any additional charges will be invoiced after service provision and is payable within 14 days of the date of the invoice.

If payment is not made on the due date, the Owner shall be entitled to terminate the contract.

Interest on the outstanding sum at the amount of 2.5 % above the respective base rate of the European Central Bank will be charged. 

 

 

6 Schedule of the Event/Function

 

 

6.1

Upon conclusion of the contract, or at the latest 4 weeks prior to the commencement of the event/function, the Hirer shall provide to the Owner detailed information of the schedule of the event/function in the form of an organisation overview.

 

 

6.2

The Organiser obliges to provide to the Owner the stage direction consisting of all assembly instructions by the commencement of the ticket sales or at the latest 1 month prior to the commencement of the event/function.

 

 

6.3

Should the Hirer fail to comply with the provisions of Condition 6.1 and 6.2, the Owner cannot guarantee the provision of the required technical equipment and staff for the event/function.

 

 

6.4

The Hirer shall not make any subsequent changes to the agreed on and approved of seating and equipment plan or any effective deviations from these plans without the prior written consent of the Owner. 

 

 

6.5

Any additional expenses in respect of personnel and technical equipment, which result from the delayed presentation of the organisation overview and stage direction shall be borne by the Hirer.

 

 

7 Hire Period

 

 

7.1

The hired property shall be used at no other times than the hire period as specified in the hire contract, including set up and breakdown activities. In case of an extension of the hire period, a hire charge according to the rates shall apply.  

Any external costs arising from a change of the hire period shall be borne by the Hirer.

 

 

7.2

The Hirer agrees that anything which has been brought onto the premises (other than by the Owner) for the purpose of or in connection with the function/event shall completely be removed from the Owner’s premises within the hire period. The Hirer agrees that should they fail to remove any such items or equipment from the Owner’s premises, after the hire period the Owner shall be entitled to remove any such items or also store these, also at a third party’s location, at the Hirer’s costs. In this case the Owner shall not be liable.

 

 

8 Use of Instruments and Technical Equipment

 

 

8.1

All hired items shall be used for no other purpose as specified.

 

 

8.2

All instruments and technical equipment shall be inspected at the time of handing over by the Hirer for their perfect condition. Should any returned items show any damages, repair or replacement shall be paid by the Hirer.

 

 

8.3

Instruments belonging to the Owner shall be tuned by a company as specified by the Owner at the Hirer’s expense.

 

8.4

Means of transport might be used by the Hirer upon payment.

Any loading and unloading risks shall pass to the Hirer.

 

 

9 Hire Charge

 

 

9.1

For the handing over of the hired property a hire charge according to the Owner’s price list valid at the time of contract conclusion shall be charged. 

 

 

9.2

The Owner is entitled to claim an adequate deposit for the payment of the hire charge or advance payment of the hire charge..

 

 

9.3

The Hirer shall receive the final invoice after the event/function. The remaining amount is payable by settlement date.

Payments shall be made without any deductions.

 

 

9.4

All costs arising from the use of any external personnel and hired items provided by the Owner upon the Hirer’s request and agreement shall be borne by the Hirer plus a service charge. 

 

 

9.5

If any payment is not made on due date, the Owner shall be entitled to charge interest at the amount of 2.5 % pa above the respective base rate of the European Central Bank. The Owner reserves the right to present proof of higher damage caused by delay.

 

 

10 House Rules, Domiciliary Right. Safety and Security

 

 

10.1

The Owner shall be granted sole domiciliary right in all rooms and on the premises, unless domiciliary right is granted to the Hirer by act of law.

In the exercise of the domiciliary rights any legitimate interests of the Hirer shall be considered.

 

 

10.2

The domiciliary right towards the Hirer and any third parties shall be exercised by service personnel authorised by the Owner. Any orders given by the service personnel shall unconditionally be complied with at all times.

 

 

10.3

Any technical equipment and devices belonging to the Owner shall be operated by no other persons as the Owner’s employees. The same applies to the connection to the light, power, water, sewage and communication networks.

 

 

10.4

All closing, admission and supervisory staff as well as security personnel shall be provided by the Owner at the Hirer’s cost.

 

 

10.5

All emergency exits, fire alarms, hydrants, smoke outlets,

electric distribution and control panels, telephone distribution boxes

as well as all heating and ventilation equipment shall be kept clear at all times.

 

 

10.6

The hired rooms shall be accessible to the Owner’s attendants or agents, the catering staff, the police, the fire brigade, the medical corps and the supervisory staff if necessary. They shall not be hindered in their activities.

 

 

10.7

Any changes, fixtures and fittings and decoration which have been conducted by the Owner as requested by the Hirer shall be at the Hirer’s costs. The Hirer shall also bear the costs for the reestablishment of the original state. All stage structures must comply with all safety and fire prevention regulations.

No posters or any other advertising material shall be placed without the Owner’s authorisation. All hired items provided by the Owner shall be returned in perfect condition.

 

 

10.8

No open light, fire, laser and pyrotechnics shall be used without prior authorisation by the Owner.

 

 

10.9

Setup, implementation and breakdown of the function/event shall take place in accordance with the Owner’s employees, as well as all prevailing regulations, particularly the regulations concerning public assembly and accident prevention.

All materials used for decoration and exhibition purposes shall be flame-resistant in compliance with DIN 4102. This does not apply to printed matter.

In special cases, prior acceptance by the building supervisory authority at the

Ordnungsamt (regulatory agency) Dresden-Altstadt and the fire safety and rescue authority (fire brigade) is required.

Any costs arising shall be borne by the Hirer.

The Hirer shall provide all certificates and test certifications required for any technical equipment which has been brought onto the premises.

Non-compliance with any safety regulations might result in the call-off or cancellation of the function/event. Any costs arising from such a call-off or cancellation shall invariably be borne by the Organiser. 

 

 

11 Cloakrooms, Toilets

 

 

11.1

Management of the visitor cloakrooms and toilets shall be the Owner’s responsibility. The Owner is entitled to contract a third party to manage these facilities. The users of these facilities shall be charged a fee in accordance with the rates.

 

 

11.2

Any garments which have been taken off shall be kept at the cloakroom (cloakroom obligation). The Hirer shall ensure that visitors act in compliance with the cloakroom policy.

 

 

11.3

In the case of private functions, the Hirer might be granted a package price for the cloakroom and toilet use.

 

 

12 Catering and Merchandising

 

 

12.1

Any catering for any events/functions on the Owner’s premises shall exclusively be provided by the respective leaseholder of the KKG. Details shall be discussed with the leaseholder.

 

 

12.2

The Hirer is entitled to sell programmes related to the event/function on the Owner’s premises or in the rooms.

The Owner’s consent provided, the Hirer is entitled to sell sound storage media or other goods or to authorise a third party to sell these goods. The Owner reserves the right to charge a fee for these activities or to claim shares of the turnover. 

The Owner expressly reserves the right to authorise third parties to completely or partially sell goods.

 

 

13 Ticket Sales

 

 

13.1

The Owner agrees to provide their sales organisation to the Hirer/Organiser (advance sale of tickets, evening box office, advance sales offices). The extent of ticket sales shall be agreed on with the Hirer in advance. 

 

 

13.2

A charge will be made to the Hirer for ticket sales. Additional to the ticket price, a sales fee will be charged.

 

 

14 Taxes and GEMA-Fees

 

 

14.1

Any income of the Hirer resulting from the event/function is subject to VAT. 

 

 

14.2

The Hirer obliges to register the event/function with the GEMA, the GEMA fees shall be paid by the Hirer.

 

 

15 Advertising

 

 

15.1

Advertising for the event/function shall be solely the Hirer’s responsibility. No advertising shall be placed in the rooms and on the premises without the Owner’s consent.

 

 

15.2

No advertising of any kind for any commercial purposes is allowed in the hired rooms and on the premises of the Kulturpalast and Castle Albrechtsberg without the prior written consent of the Owner.

 

 

15.3

The Owner shall not be obliged to remove any existing advertising material for any other events/functions on their premises, even if this is in competition with any items of the Hirer’s advertisement.

 

 

15.4

Any advertising material intended to be used shall be presented to the Owner prior to publication. The Owner is entitled to refuse placing of any such material, particularly if this is contrary to the Owner’s interests or does not comply with the Owner’s usual advertising activities.

 

 

15.5

Any texts or printing concerning the Owner and their sales activities shall be provided by the Owner. 

 

 

15.6

The Owner agrees to provide their advertising facilities to the Hirer upon payment.

 

 

15.7

Any unauthorised placing of posters is prohibited. The Hirer is obliged to pay any damages arising from any such unauthorised placing of posters.

 

 

16 On-site Arrangements, Services

 

 

16.1

The Owner agrees to take on any on-site arrangements including programme designing for a charge which shall be agreed on. Partial arrangements might also be agreed on.

 

 

16.2

The Hirer obliges to make use of the services provided by the Owner for the event/function and its preparation. The services provided by the Owner may only be refused in well-founded exceptional cases; this applies particularly to ticket sales and event engineering facilities.

 

 

17 Radio and Television, Photography, Tape-recording, Press Releases

 

 

17.1

No film, sound and video recording is allowed without the prior consent of the Owner.

 

 

17.2

The Owner shall be entitled to take photographs, drawings and film recordings of the event/function and to use these for advertising purposes or press releases with the Hirer’s approval.

 

 

17.3

The Hirer agrees to provide the Owner free of charge with any photographs, press releases and other documents for the purpose of archiving activities and own publications on demand.

 

 

17.4

For purposes of current reporting, members of the press, radio and television shall be admitted in compliance with the valid regulations and the seating plan. The Owner shall be notified in due time prior to the event of any planned coverage activities.

 

 

18 Liability

 

 

18.1

The Hirer shall be liable for any loss and damage caused by the Hirer, any servants and agents authorised by the Hirer or any third parties. 

The Hirer shall also be liable for any loss and damage, resulting from the fact that any events/functions of other hirers could not take place on the premises or had to be altered. Any damage or loss occurred shall be reported to the Owner without any delay.

 

 

18.2

The Hirer shall indemnify the Owner against any loss, damage, liability, expense or costs incurred by the Owner as a result of the Hirer’s event/function. If any immediate claims shall be made on the Owner, it shall be the Hirer’s obligation to exempt the Owner in full of any such claims inclusive of any legal costs and additional costs.

In the case of any legal proceedings, the Hirer shall provide the Owner with due information.

 

 

18.3

The Hirer is obliged to take out sufficient liability insurance in respect of all risks.

The Hirer agrees to produce the policy for inspection on demand.

 

 

18.4

The Owner shall only be liable for any damage or injury to property or person as a result of or arising in connection with the event/function if these were caused wilfully or with gross negligence by the Owner’s employees. 

The same shall apply to cases of failure of any equipment, interruption of operation or any other occurrence interfering with the event/function.

 

 

18.5

The Owner shall not be liable for damages arising from any industrial actions. The Owner shall not be liable for any items belonging to the Hirer, their servants and agents and suppliers which were brought onto the premises. 

 

 

19 Termination for Important Reason

 

 

19.1

The Owner shall have the right to terminate the contract for important reason, particularly where:

a) the Hirer defaults in the payment on its due date of the sum (hire charge, advance payment of hire charge) despite reminder and appointment of a date;

b) the Owner reasonably believes that the event/function or parts thereof may lead to endanger public safety or prejudice the city’s reputation or is contrary to any prevailing law;

c) any permissions, permits or licenses required by the authorities for the function/event have not been received;

d) the programme or any items thereof is such as to render it undesirable that it should take place on the Owner’s premises as risks might arise for the staff, the visitors, the building or its equipment/furnishing and the Hirer is not willing to change the programme or

e) the hired premises are used for any other purpose than agreed on in the contract.

 

 

19.2

The Owner shall be entitled to the lawful indemnity claims in the case of termination for important reason. The Hirer shall not be entitled to any indemnity claims, compensation for their expenses or any missed profit.

 

 

20 Non-performance of the Event/Function

 

 

20.1

Should the Hirer not carry out the event/function for any reason not connected to the Owner’s responsibilities, the Hirer shall nevertheless be obliged to pay the hire charge as stated in the hire contract; any expenses saved shall be deducted from the total amount.

 

 

20.2

In the case of termination or postponing of an event/function by the Hirer, the Owner shall be entitled to claim the following: payment of 10 % of the hire charge if notified of the termination or postponing of the event/function up to twelve months prior to the commencement of the event/function. Payment of 25 % of the hire charge if notified of the termination or postponing of the event/function between twelve and six months prior to the commencement of the event/function. Payment of 50 % of the hire charge if notified of the termination or postponing of the event/function between six and three months prior to the commencement of the event/function. Payment of 75 % of the hire charge if notified of the termination or postponing of the event/function between three months and one month prior to the commencement of the event/function. Payment of 100 % of the hire charge if notified of the termination or postponing of the event/function less than one month prior to the commencement of the event/function.

 

 

20.3

Should the event/function not take place due to any case of force majeure, each contract partner shall bear their costs incurred up to that point of time. The Hirer shall be obliged to reimburse any payment which the Owner has made in advance for the Hirer as agreed upon in the contract.

 

 

20.4

The absence of any individual artists or the delayed arrival of one or several participant(s) shall under no circumstances fall into the category “Force Majeure”.

 

 

21 Supplementary Agreements

Supplements, amendments or additions to the hire contract must be made in writing. Should the Hirer wish to use any hired items or services, which are not agreed on in the hire contract, the Hirer shall obtain the Owner’s written consent prior to use. Any such additional stipulation shall subsequently become part of the hire contract. 

 

 

22 Place of Jurisdiction

Place of jurisdiction in case of any legal proceedings arising in connection with the hire contracts is Dresden.

 

 

23 Inception of the Contract

These general terms and conditions shall become effective as of 01 April 2001.