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Allgemeine Geschäftsbedingungen

kanton27 ag / Eventhalle Freiruum in Zug

CONTRACT

  1. Formation of contract and relevant conditions
    • The rental use of the event hall Freiruum requires a written contract between the company kanton27 ag (hereinafter referred to as the lessor) and the lessee.
    • These General Terms and Conditions form an integral part of the rental agreement concluded between the parties and are explicitly recognized as such by them. Any deviating General Terms and Conditions of the Lessee are reserved.
  1. Subject matter of the contract
    • The Lessor grants the Lessee the use of the Freiruum Event Hall and the associated surrounding area for the agreed purpose of the event.
    • The lessee shall be provided with the event areas specified in the contract as well as the infrastructure such as checkrooms and toilets. The lessee must tolerate possible joint use by other lessees.
    • The lessor’s obligations towards third parties are expressly reserved.
  1. Legal relationships
    • The lessee designated in the contract shall be deemed to be the organizer of the rented premises.
    • The lessee shall designate an authorized representative for the duration of the contractual relationship. If more than one person is the lessee, this person must be authorized to receive declarations with effect against all of them and to make such declarations on behalf of all of them.
    • The lease agreement does not establish a corporate relationship between the parties.
    • The lessee must clearly identify himself as the organizer on printed matter, posters, admission tickets, invitations, etc. The legal relationship exists exclusively between the lessee and the organizer. A legal relationship exists exclusively between the event visitor and the renter.
  1. Rental period
    • The rental period shall be governed by the individual agreement concluded between the lessor and the lessee. Exceeding the agreed duration requires the consent of the lessor and is subject to a charge.
  1. Services & Payments
    • The Lessor undertakes to provide the scope of services agreed in writing to the Lessee.
    • By signing the order confirmation, the lessee undertakes to pay for these services within 30 days or as separately agreed.
    • All calculations are based on the confirmed number of rooms and participants. All prices are exclusive of statutory value added tax.
    • The rental company is entitled to demand an advance payment. The amount and due date of payment will be stated in writing in the order confirmation. Any cancellation costs will be offset against the advance payment made.
  1. Withdrawal of the tenant & cancellation conditions
    • If, for a reason for which the Lessor is not responsible, the Lessee does not carry out the event on the contractually agreed event date or withdraws from or cancels the rental contract without being entitled to an individually agreed or mandatory statutory right to do so, the Lessee shall be obligated to pay compensation for loss, subject to any other agreement. The lessor reserves the right to prove a higher loss.
    • Cancellations must be communicated in good time and in writing. Cancellations will be charged on the basis of the agreed total performance as follows: 30% of the deposit always remains with the lessor when the date is fixed.
Cancellation after confirmation of the event: 30 % of the confirmed offer
Cancellation until 180 days before the event: 50 % of the confirmed offer
Cancellation up to 120 days before the event: 65 % of the confirmed offer
Cancellation until 30 days before the event: 80 % of the confirmed offer
Cancellation less than 30 days before the event: 100 % of the confirmed offer
    • If the scheduled event cannot be held as a result of force majeure, each contracting party shall bear the costs incurred up to that point.
  1. Withdrawal of the Lessor
    The Lessor shall be entitled to withdraw from the contract, without prejudice to further rights to which it is entitled by law, if
    the lessee fails to make the payments to be made by him (rent, ancillary services, etc.) on time within the meaning of Article 5, despite a reminder and the setting of a period of grace;
    the lessee subsequently changes the purpose of the event without the consent of the lessor;
    due to circumstances that become known to the Lessor after conclusion of the contract, disturbances of public safety and order and/or personal injury or damage to property are to be feared during the execution of the event;
    the official permits required for the event are not granted.

    • The Lessor shall declare the withdrawal to the Lessee without delay.
    • If the Lessor exercises its right of withdrawal, Article 6.1. shall apply accordingly.

DURCHFÜHRUNGSBESTIMMUNGEN

 

  1. Zustand der Mietsache
    • Bauliche Veränderungen an den gemieteten Flächen und Räumen sowie an den Einrichtungen und technischen Installationen bedürfen der ausdrücklichen, vorgängigen und schriftlichen Einwilligung der Vermieterin. Alle Massnahmen müssen von den zuständigen Behörden vor Ausführung genehmigt werden. Die Pläne dazu und auch die Pläne für allfällige temporäre Bauten, sind der Vermieterin mit der entsprechenden Bewilligung der zuständigen Stelle vier Wochen vor der Veranstaltung zur Genehmigung zu unterbreiten. Die Ausführung erfolgt durch die Vermieterin und deren Vertragslieferanten zu marktüblichen Konditionen zu Lasten des Mieters.
  1. Rückgabe der Mietsache
    • Die gemieteten Flächen und Räume sind der Vermieterin in ordnungsgemässem Zustand zurückzugeben. Die Reinigung im Innern der Freiruum Eventhalle und des Areals erfolgt durch die Vermieterin.
    • Beschädigungen werden in einem durch die Vermieterin und den Mieter gemeinsam zu erhebenden Schadenprotokoll erfasst. Das Protokoll ist durch beide Parteien zu unterzeichnen. Die Vermieterin behebt die Beschädigungen selbst oder lässt sie durch ihre Vertragslieferanten beheben. Die entsprechenden Leistungen werden dem Mieter in Rechnung gestellt.
  1. Conditions of use
    • The premises may only be used within the contractually agreed purpose and scope. Intended changes of use, such as a change in the program or the type of event, must be notified to the Lessor without delay and may only be made with the Lessor’s written consent.
  • The Lessee may only transfer the leased property in whole or in part to third parties with the express written consent of the Lessor. Should this not be complied with, the lessor has the right to withdraw from the contract. Any costs incurred shall be borne by the lessee.
  1. Information and agreement on the course of the event
    • In the interest of optimum preparation and implementation of the event, the lessee shall inform the lessor of the sequence of events and the technical requirements of the event in the form of technical organizational instructions prior to or upon conclusion of the rental agreement, but no later than six weeks prior to the start of the event. If the Lessee fails to comply with this obligation, the Lessor cannot guarantee that the necessary technical and personnel equipment for the event can be provided by it. Article 7 is expressly reserved.
    • At the Lessor’s request, the Lessor shall organize a show program. In this case, the compensation for the project management is due. The artists shall be compensated separately.
  1. Rental material and services
    • Additional services are to be requested by the lessee in writing six weeks before the event. The lessor shall subsequently submit a cost estimate to the lessee. Unless the Lessee raises an objection in writing within five days of receipt thereof, the cost estimate shall be deemed approved and the goods and services ordered. The approved cost estimate shall then form an integral part of the rental agreement.
    • If requested by the Lessee, the Lessor shall assist with various goods and services. The costs for this shall be borne by the lessee. In this case, the Lessor shall charge a project management fee of 15% of the additional services (material, rental or service charges or artists’ fees).
  1. Installations
    • The lessee plans technical installations directly with the lessor’s supplier and places the orders with the latter. The costs for this shall be borne by the Lessee. If the Lessor is organizationally involved in the process, the surcharge for project management will be due.
  1. Alteration work
    • All work on the suspension of material must be carried out by the Lessor for safety reasons.
    • Technical or construction-related alterations may only be carried out by the lessor’s personnel.
  1. Poster sites
    • The existing poster sites may not be covered by either structural or organizational measures.
    • The lessee shall submit his wishes regarding temporary advertising spaces to the lessor at an early stage so that any conflicts regarding industry exclusivity can be resolved.
  1. Advertising
    • Advertising for the event is the sole responsibility of the lessee. In the premises and on the grounds of the lessor, this requires the latter’s consent.
    • The advertising material intended for use (posters, flyers, etc.) must be submitted to the lessor prior to publication. The lessor is entitled to prohibit publication if it damages the lessor’s public image or contradicts other weighty interests.
    • The lessor is not obliged to remove any advertising material present on the premises.
      Advertising material must be delivered to the lessor at least five days before the event.
  2. Video walls and monitors / technical infrastructure
    The strategic partners of the lessor enjoy the following rights in the Freiruum event hall:
    Broadcasting of video spots before the start, during the break and after the event.
    Billboarding in the Freiruum event hall
    Industry exclusivity

    • The lessor must be supplied with the appropriate professional discs or tapes (DVD, CD, VHS, Beta, others by arrangement) at least five days before the event.
    • The lessor is responsible for the video direction. The corresponding schedule will be agreed between the landlady and the tenant in good time if required.
  3. Picture, film and sound recordings, radio and television
    • Commercial picture, film, video and sound recordings of all kinds by the lessee or third parties commissioned by him require the prior written consent of the lessor. Any remuneration shall be agreed separately.
    • Representatives of the press, radio and television are permitted for topical reporting in accordance with the applicable safety regulations and the seating plan.
    • The lessor must be informed of any planned reporting in good time before the event.
  1. Catering
    • The catering is the sole responsibility of the lessor. For this purpose, it has concluded a corresponding contract with EVZ Gastro AG.
    • Any sponsoring agreements of the lessee relating to the catering and beverage area must be discussed with the lessor well in advance of the event due to the existing supply contracts of EVZ Gastro AG and require the express written consent of the lessor.
    • The tenant’s wishes regarding the range of products and/or the organization of special events in the vicinity of the event must be planned in good time and agreed with the lessor.
  1. Food and beverages brought in
    • In principle, the lessee shall obtain all food and beverages from the lessor. Exceptions require a written agreement with the lessor. In this case, a contribution to cover the operating costs will be charged.
  1. Operating hours
    • The lessee shall have access to the rented rooms and areas from 08.00 hrs to 22.00 hrs for the duration of the rental agreement. If they require access at other times, he/she shall consult with the Lessor in this regard and undertakes to compensate the Lessor for any additional staff required.
  1. House and instruction rights
    • The Lessor shall have sole domiciliary rights in all rooms and on the premises, unless the Lessee is entitled to these by law. When exercising the domiciliary rights, the legitimate interests of the tenant shall be taken into account.
    • The lessee shall observe the lessor’s strict right to issue instructions in all operational matters.
  1. Legal regulations
    • The tenant is responsible for ensuring that the valid noise protection ordinance, all building and fire regulations as well as the other applicable legal regulations and requirements are complied with.
      In particular, the Federal Noise and Laser Ordinance must be observed, which limits the sound level as follows:
      Average: maximum 100 dB(A)
      Maximum (peak): 125 dB(A)
    • The control is carried out by the local police. Measurements will be taken from the mixing desk. Any violations and associated fines must be borne in full by the tenant.
  1. Medical service
    • The lessee shall notify the lessor of his needs at least four weeks before the event. The corresponding costs shall be borne by the lessee.
  1. Fire regulations
    • The lessee undertakes to comply with the fire regulations of the lessor, in particular to keep escape routes clear, and guarantees that all materials brought in comply with the fire regulations. The use of sparklers or other easily flammable and harmful objects is strictly prohibited.
    • Decorative materials brought to the event must comply with fire safety requirements. Freiruum AG is entitled to demand appropriate proof from the authorities. If no such proof is provided, the lessor is entitled to remove any material already brought in at the expense of the lessee. Due to possible damage, the installation and attachment of objects must be coordinated with the lessor prior to the event.
    • Exhibits or other objects brought to the event must be removed immediately after the end of the event. If the lessee fails to do so, the lessor may carry out the corresponding removal and storage at the lessee’s expense. If the items remain in the event room, the Lessor may charge reasonable compensation for use for the duration of their stay. The Lessee shall be at liberty to prove that the above claim has not arisen or has not arisen in the amount demanded.
  1. Fire department
    • The Lessor shall summon a fire department in accordance with the regulations of the respective guest venue.
      All hydrants, fire extinguishers, electrical distribution and control panels as well as heating and ventilation systems must remain freely accessible and unobstructed at all times. Representatives of the lessor and the authorities must be granted access to the aforementioned facilities at all times.
    • The use of pyrotechnic material and lasers must be reported to the responsible licensing authorities and the lessor well in advance of the event. Appropriate approval by the responsible authorities remains reserved.
  1. Admission and site instructions
    • As a matter of principle, access must be controlled by the lessor’s personnel. In consultation with the lessor, however, this may also be done by the lessee’s personnel. The allocation of space in the Freiruum Event Hall is subject to a charge and must always be organized by the lessor’s personnel.
  1. Parking spaces
    • Any liability of the lessor in connection with the parking of vehicles is excluded.
  1. Cleaning work
    • Any special cleaning or disposal work required as a result of extraordinary soiling will be charged to the lessee.
  1. Copyright levies
    All copyright levies in connection with the contractual event are to be paid directly by the renter to the responsible collecting society.
  1. Event risk
    • The Lessor shall bear the risk of the event for its services and material; the Lessee shall be liable for the services or material of third parties.
    • The Lessee shall bear the responsibility for the course of the event, in particular for the maintenance of peace and order and compliance with the maximum number of persons permitted for the event. The right is reserved to make other contractual arrangements for admission controls.
  1. Liability of the lessor
    • Any liability of the Lessor arising from the rental agreement and from the individual integrating components agreed on the basis of the rental agreement shall be limited under all legal titles to a maximum of the amount of the rental fee for the respective event.
    • The lessor shall not be liable for damages caused by negligent conduct or by the conduct of its vicarious agents.
    • In the event of failure of any equipment, operational disruptions or other events affecting the event, the Lessor shall only be liable for intent or gross negligence.
    • The lessor is not responsible for disruptions caused by industrial action.
    • The lessor has taken out liability insurance for all visitors to events. This insurance exclusively covers damage to third parties caused by the Lessor’s objects.
  1. Liability of the lessee
    • The lessee shall be liable to the lessor in accordance with the statutory provisions, unless otherwise stipulated below.
    • The lessee shall indemnify the lessor against all claims for damages for which the lessor is not responsible and which may be asserted by third parties in connection with the event.
    • The Lessee shall be responsible for insuring the mobile objects of the Lessee, its employees and contractual partners brought into the event against fire, damage by natural forces, water damage and theft. The lessor assumes no liability whatsoever.
    • If the lessee fails to take out event liability insurance, he shall be liable for all damages which the insurance would have compensated. The liability also exists for damages that the lessee did not cause and/or is not responsible for.
  1. Reservation of form
    • Changes and/or additions to the contractual relationship must be made in writing.
  1. Severability clause
    • The invalidity of individual provisions of the contractual relationship shall not result in the invalidity of the entire contract. In this case, the Lessee and the Lessor undertake to replace invalid provisions with valid provisions that correspond to the meaning and purpose of the contractual relationship.
  1. Applicable law, place of jurisdiction and place of performance
    • The contractual relationship is subject to Swiss law. The courts of the municipality of Zug have exclusive jurisdiction over disputes arising from this contract. The place of performance is the registered office of the lessor. The undersigned declares that he/she has read and understood these agreements himself/herself and declares that he/she agrees to the reservation agreements and these general conditions on behalf of the customer.

This is Freiruum