General terms and conditions

§ 1 Scope of the General Terms and Conditions

The following General Terms and Conditions contain the basic rules for the use of the event location Lakeside, managed by 24 Event & Services GmbH, Rosa-Luxemburg-Straße 6, 04103 Leipzig (hereinafter referred to as “Owner” or “Lessor”). Furthermore, the following General Terms and Conditions shall apply to all, including future, legal transactions and acts similar to legal transactions between the Lessee (hereinafter also referred to as “User” and “Contractual Partner”) and the Lessor. Terms and conditions of the contractual partner that deviate from the terms and conditions described here shall not apply.

§ 2 Formation of a contract

1. the terms and conditions of the lessor apply exclusively to all transactions. The content and scope of the rental transaction shall be governed by the written order confirmation of the Lessor. Deviating or supplementary agreements require the text form and must be confirmed by the lessor. All offers of the lessor are non-binding. An order is only concluded after written confirmation of the order by the lessor.
2. the rental of the location becomes effective with the written confirmation of both parties as well as with the down payment in the amount of the location rent. The latter also serves to fix the date, i.e. a claim to the desired date exists only when the tenant has paid the deposit.
3. no claim to the conclusion of a rental agreement can be derived from an offer made by the lessor or an appointment option.

§ 3 Subject of the lease and use

1. the subject of the rental are the rooms specified in the order confirmation with the agreed equipment. The rented rooms including their furnishings and accessories are the property of the Lessor and are only made available to the Lessee for the agreed purpose and for the duration of the rental period (see § 6). Any other use during the rental period is not permitted.
2. subletting or other transfer to third parties is not permitted without the express written consent of the lessor.
3. the technical equipment of the leased property may only be operated by the lessor or by persons authorized by him to do so. The use of own electrical equipment/appliances using the lessor’s power system requires the prior written consent of the lessor. Should the use of third-party systems/devices cause malfunctions or damage to the technical systems of the lessor, these shall be borne by the lessee, unless the lessor is responsible for the malfunctions or damage.
4. prior written consent of the lessor is required for changes to or in the leased property (including all changes to the furnishings). Such changes shall be at the expense of the lessee. The tenant also bears the cost of restoring the original condition. Changes to the rental object include, in particular, presentations, special installations, superstructures in/on the rental object and the attachment of decorations.
5. decoration material brought along has to comply with the fire protection requirements. The lessor is entitled to demand official proof of this. Furthermore, care must be taken to ensure that the decoration material is colorfast and does not damage the landlord’s inventory. In the event of non-compliance, the Lessee will be charged for cleaning and/or repair costs and/or replacement costs.
6. the renter is obliged to remove all brought objects, decoration, installations etc. after the event until the agreed handover time. If the Tenant fails to do so, the Landlord may, after giving notice, dispose of these items or have them destroyed at the Tenant’s expense.
7. if the lessee commissions third parties with activities on the leased property, he is obliged to inform the lessor of this in good time before the start of the leasing period. In addition, the Lessee shall be responsible for ensuring that all service providers commissioned by it coordinate with the Lessor in good time prior to the rental period for the purpose of carrying out their activities in/on the rented property. Such activities include, in particular, the delivery as well as the assembly or disassembly of material, structural or technical requirements/modifications as well as storage facilities for external material.

§ 4 Services & Rental Prices

1. the lessor is obliged to provide the promised services. Furthermore, he shall be entitled to render partial services and to invoice these separately. The Lessee is obliged to pay the prices agreed for these services to the Lessor in due time and without deductions. This also applies to services and expenses of the lessor to third parties in connection with the contract. The offer prices are valid only for undivided order.
2. the rental prices of the latest price list apply in each case. The stated rental prices are net prices excluding VAT.
3. the indicated prices are valid for one event day.

§ 5 Payment, due date

1. with the order confirmation the tenant receives a deposit invoice in the amount of the location rent. This deposit serves to fix the date. The remaining amount is usually split into two installments, unless otherwise agreed in writing.
Invoice amounts are due immediately upon receipt of the invoice, unless otherwise agreed. The lessor also reserves the right to demand payment in advance. A deviation from this rule may be granted in advance and in exceptions by the lessor and is valid only if the order is confirmed in writing.
3. advance payments and advances do not bear interest.
4. in the event of default in payment, the lessor is entitled to charge interest on arrears in accordance with the statutory provisions of the provision of § 288 BGB. We reserve the right to claim further damages. Moreover, the lessor may withdraw from the contract if the lessee fails to make the payment on time. In this case, the tenant is not entitled to compensation.

§ 6 Rental period

1. the rental object is made available to the tenant only for the agreed period. Should an extension of the rental period be desired, verification on the part of the lessor is required and must be confirmed in writing by the lessor in advance.
2. if the lessor incurs financial damage due to late handover of the rented property, this will be charged to the lessee. The Lessor reserves the right to charge the Lessee additional costs in the amount of 20% of the order value if the handover date is not met.

§ 7 Deposit

The Lessor reserves the right to charge a deposit of 25% of the rental price for the event room(s). If the rental object is returned or handed over correctly, the deposit amount will be returned to the tenant as soon as possible.

§ 8 Right of withdrawal of the lessor

1. the lessor is entitled to withdraw from the contract for factually justified reasons. Such a reason exists in particular if the contractually agreed service cannot be performed due to force majeure (for example in the event of severe weather, floods, power outages, accidents) or due to bad weather (in the case of outdoor events). Other reasons not attributable to the lessor may also make it impossible to fulfill the contract. This includes, in particular, if events are booked under false or misleading statements of material facts (e.g. the purpose or the organizer) or if the lessor has reasonable grounds to believe that the event may jeopardize the business operations, the safety or the reputation of the lessor or the leased property in public without this being attributable to the organizational area of the lessor.
2. the lessor shall immediately notify the contracting party before exercising its right of withdrawal and reimburse the contracting party’s counter-performance.
3. instead of the withdrawal, the lessor can agree with the contracting party on an alternative date. Any additional costs incurred as a result, in particular for services already rendered by the lessor, shall be borne by the lessee. In addition, each party shall bear its own costs arising from the alternative date.
4. in addition, the tenant has no claim for damages against the landlord, unless the landlord or one of its legal representatives or agents has acted intentionally or with gross negligence.

§ 9 Right of withdrawal of the tenant, cancellation

1. the tenant / organizer is entitled to withdraw from this contract in writing up to 7 days before the agreed start of services without giving reasons.
2. in case of withdrawal of the lessee/organizer, the lessor is entitled to charge the agreed rent and the booked services, if according to the general obligation of damage control a subletting is impossible.
3. the tenant is obliged to pay in full for all external services ordered via the landlord (e.g. event tools, artists), regardless of the time of withdrawal.
4. in case of withdrawal of the Lessee, the Lessor is entitled to claim the following amounts:

in case of withdrawal/cancellation up to 42 days before the start of the service: 30 % of the agreed remuneration
in case of withdrawal/cancellation up to 30 days before the start of the service: 40 % of the agreed remuneration
in case of withdrawal/cancellation up to 15 days before the start of the service: 60 % of the agreed remuneration
in case of withdrawal/cancellation up to 7 days before the start of the service: 90 % of the agreed remuneration.

In the event of a later cancellation from 6 days before the start of the service, the contractually agreed remuneration is to be refunded in full. We ask you to note that the landlord must sometimes use the services and/or resources of other companies and is thus also dependent on their cancellation conditions.
The date of cancellation shall be determined by the date of receipt by the lessor.
(6) In these GTCs, “Agreed Remuneration” means the prices charged at the time of conclusion of the contract, unless these have changed in the meantime in accordance with the agreement – e.g., in the event of a change in the prices, the prices shall be deemed to have changed. due to a number of participants deviating from the number of participants on which the contract was based. In this case, the order value shall be determined according to the prices applicable at the time of cancellation in accordance with the agreements made with the Lessee and the regulations present in these GTC.
7. if there is a ban on events in Saxony on the agreed date of the event, the event may be postponed free of charge. According to the BGH ruling of March 2, 2022 – XII ZR 36/21, the landlord is obliged to offer the organizer/tenant one or more alternative dates. If the organizer/renter decides against the postponement and withdraws from the contract or gives extraordinary notice of termination, the lessor is entitled to retain the rental payments. Services of third parties that have been commissioned for the event by the lessor and have already been provided in full or in part at the time of cancellation, as well as any cancellation fees incurred by these service providers, will be charged separately.
8. third party services: If the renter makes a partial withdrawal and cancels third party services that are part of the order or the signed offer (e.g. entertainment offers), the cancellation provisions of the respective service provider apply. These are to be taken from the offer/order of the service provider.

§ 10 Change in the number of guests

1. the lessee undertakes to notify the lessor of the final number of guests as early as possible, but no later than 14 days before the event, unless otherwise agreed in writing.
2. if the tenant changes the number of guests, this will affect the agreed final price. If the tenant has already paid the total price based on the original number of guests, a recalculation will be made by the landlord and, if necessary, the refund of overpaid amounts. If the Lessee has only paid a partial amount of the total amount until the change in the number of guests, the Lessor shall offset the difference resulting from the change in the number of guests against the remaining amount and issue a new invoice.
3. an increase in the number of guests is only possible up to the permitted total occupancy of the booked rental space.
4. reduction of the number of guests is possible, unless the offer of the lessor contains a different wording. If a reduction in the number of guests is not excluded, the customer may reduce the number of guests by a maximum of 10 percent after acceptance of the offer. If the lessor expressly refers to a minimum number of guests for an event concept in its offer, this must be complied with. If the Lessee nevertheless wishes to reduce the guest list and as a result falls short of the required minimum number of guests, the Lessee is entitled to charge for the lost revenue.
5. special events such as the annual school enrollment party are an exception to the conditions explained in 10.1 – 10.4. Here, as a rule, a deadline of 30 days before the event applies for the cancellation of guests. If guests are deregistered after this deadline, a refund of contributions already paid is excluded. Further information on this is contained in the offer or the order confirmation.
6. if special official orders limiting the number of guests for events apply on the date of the event, the organizer must comply with them. Events held during the applicable time period that have been scheduled with more guests than the applicable regulatory guest count must be reduced to the maximum guest count allowed.

§ 11 Duties of the tenant | Liability

1. the lessee assumes the duty to ensure safety for the premises and grounds made available to him. He releases the lessor from any liability arising from a breach of the duty of care.
2. the renter is responsible for the feasibility of the event. He shall ensure that the premises and areas provided are approved and suitable for holding the planned event. This includes in particular the obligation of the tenant to obtain any necessary permits. It is the responsibility of the contractor to secure all routes, areas and facilities against general hazards and to eliminate sources of danger.
3. the lessee is obliged to obtain all permits required by public law for his event or the purpose of the rental or, if necessary
make any required tax filings. Registration and payment of applicable fees, e.g. GEMA and Künstlersozialkasse, are the responsibility of the tenant. The tenant is obliged to observe the building and fire safety regulations and to comply with all other regulatory measures.
4. the renter or organizer must ensure that the participants of the events are of legal age or accompanied by a person with parental authority, if this is required by law. The age control of the guests is entirely the responsibility of the organizer, not the location rental company.
5. the renter is obliged to pay for all components (e.g. catering, team events) ordered in advance and provided by the location or a commissioned service provider. The actual utilization is not relevant.

§ 12 Liability of the tenant for surrender of the leased property

1. the tenant is obliged to treat the property of the landlord with care. The premises and their inventory shall be deemed to have been taken over in perfect condition, unless any defects were expressly notified at the time of handover.
2. the tenant must accept responsibility for the behavior of third parties who are in the rented premises with his consent.
3. the renter bears the risk of the event including its preparation and execution. The Lessee shall be liable in particular for all personal injury and property damage caused by him, his employees, legal representatives, agents or guests in connection with the event on the property of the rental object (in particular to the rental object and inventory). If applicable, the Lessee shall release the Lessor from all claims for damages that may be asserted against the Lessor in connection with the event.
4. the lessee is obliged to take out sufficient liability insurance, the existence of which must be proven to the lessor on request. In addition, the lessor may require the lessee to provide further reasonable security, for example in the form of additional insurance, deposits or guarantees.
5. parking on the lake road is prohibited, as it is an escape route that must be kept clear for emergency vehicles. Guests of the location may only park in the visitor parking lot on Seestraße, for which a fee is charged. The tenant has the obligation to inform his guests about the parking ban on the lake road. If illegally parked vehicles are towed away, the lessor is not liable for this.

§ 13 Bringing dogs

1. the tenant may bring his dog to the event by prior arrangement. This also applies in particular to assistance dogs and guide dogs for the blind. The owner of the animal or the supervisor on the day of the event must ensure that the animal is leashed and cannot come into contact with food for hygiene reasons. The owner alone is liable for damage to persons or the rented property caused by the animal. If the animal causes contamination on the event premises, this will be removed at the owner’s expense.
2. the organizer may prohibit the bringing of animals for certain events (e.g. school enrollment party and other large events) for safety reasons. This does not include guide dogs and assistance dogs.

§ 14 Loss of or damage to items carried along

Objects carried along are at the risk of the contracting party in the rooms or on the event premises. The lessor assumes no liability for loss or damage unless he or one of his legal representatives or vicarious agents can be accused of intent or gross negligence.

§ 15 Intermediary Services, Third Party Liability

1. the lessor is not liable for service disruptions and damages in connection with services provided by third parties that the lessor has not commissioned in its own name and for its own account.
2. the landlord is not liable for service disruptions and damages in connection with external services that are only mediated and or which are expressly marked as external services in the advertisement.
3. if the contracting party is unable to perform its obligations in the case of an agency transaction, the lessor shall be indemnified by the contracting party against all claims of the respective third party.

§ 16 House Rules | Noise Protection

1. the lessor retains the domiciliary rights in all premises provided. He is entitled at any time to enter the premises himself or to have them entered by authorized persons.
2. the lessee shall comply with the existing house rules as well as all official orders or regulations and shall ensure compliance with them by all parties involved in the event. This also applies, among other things, to the legally stipulated nighttime rest between 10 p.m. and 6 a.m.

§ 17 Event cancellation

The lessor is entitled to cancel an event. This applies in particular when
1. due to force majeure (e.g. weather events such as storms, heavy rain, thunderstorms, but also fire/fire) a safe execution of the event can no longer be guaranteed, as well as
2. guests blatantly violate the house rules, essential contractual obligations, these safety regulations as an annex to the contract, legal regulations or official orders and do not cease to do so even after being requested to do so by the landlord or his authorized representative(s).
Cancellation of the event does not entitle the renter to a refund of any deposits/fees already paid. The tenant remains obligated to pay the full fee.

§ 18 Subsequent billing in the event of a later closing time of the event | Personnel & beverage flat rate

1. if the agreed end of the event is postponed through no fault of the lessor, the lessor shall be entitled to charge the lessee for any additional staff costs incurred as a result.
2. unless otherwise agreed, the lessor shall charge the lessee a flat-rate beverage fee for the event. The amount of the flat rate depends on the planned duration of the event and is specified in the offer or contract. If the event lasts longer than originally planned through no fault of the lessor, the lessor reserves the right to recalculate the flat-rate beverage charge or to invoice additional beverages individually.

§ 19 Copyright, illustrations and photos

For marketing purposes to the extent customary in the industry (e.g. website, social media, brochures), the lessor reserves the right to take and use photos and videos of the event.
2. depending on the agreement with the lessee, persons and brands will not be photographed or will be made unrecognizable in case of publication of the photographic material.
3. the lessee allows the lessor to name the event, its date as well as those involved in it (if necessary, only after completion of the production) within the scope of self-promotion.

§ 20 Data protection

1. personal data of the tenant are stored by the landlord. All information for the unique identification of a company or person, as well as all information for contacting are included. The data is used to process the contracts concluded with the tenant and inquiries. In addition, the collected data is used for the purpose of central data processing and for sending offers and information (advertising ) about new goods and services.
2. the tenant agrees to the disclosure of the data provided to collection agencies, lawyers, credit agencies to be used to process his orders.
3. if the tenant / interested party does not agree with the storage of his data or want the change or deletion, he can inform the landlord by e-mail to event@lakeside-zwenkau.de or by phone at 0341-24250343. The lessor provides further information on data protection in its privacy policy.

§ 21 Price changes

The Lessor is entitled to adjust the prices of its leased premises and goods, provided that changing market conditions make this necessary. These include, for example, significant changes in procurement costs and changes in sales tax. In the event of price increases that are significantly higher than the regular increase in the cost of living, the tenant has the right to terminate the lease. In such cases, the lessor shall inform the customer of this in text form.

§ 22 Cancellation and changes of events

1. the lessor is entitled to change the venue, the date of execution and the time (beginning and end of the event) for self organized events such as school enrollment party, New Year’s Eve party & Co. subsequently, if this is necessary for reasons that arise after the conclusion of the contract and are mandatory relevant for the execution. The lessee or customer will be informed about such changes in due time. If the postponement is due to external circumstances for which the lessor is not responsible, the lessee has the right to withdraw from the contract within seven days of receipt of the specific new event time. If the withdrawal is not made within this period, the contract is considered transferred to the new time.
If the Lessor is responsible for the circumstances of the postponement, the contract shall be transferred to the new period only with the express consent of the Lessee.
2. the lessor has the right to postpone or cancel an event organized by himself (e.g. enrollment party, New Year’s Eve party) for reasons beyond his control (e.g. insufficient number of participants, force majeure). The renter will be notified of this under the contact details provided in his registration. In case of cancellation, any participation fee already paid will be refunded. The same applies in the event that the renter is unable to attend a make-up date for the event. Any other claims on the part of the participant are excluded. The lessor reserves the right to change participants such as show acts or to change the course of the event. The participant cannot derive any claims from this, e.g. for withdrawal from the contract or reduction of the participation fee.

§ 23 Amendment of the services and the general terms and conditions

1. the lessor has the right to change the service description and the general terms and conditions and other conditions relevant to the contract. The Lessor will only make these changes for valid reasons, in particular due to new technical developments, new functions, changes in jurisdiction or other equivalent reasons. Changes to the general terms and conditions require the consent of the tenant. The planned changes to the services and general terms and conditions shall be communicated to the Lessee in text form no later than four weeks before they come into force. The Lessee’s consent to the amendment of the services and general terms and conditions shall be deemed to have been given if the Lessee does not object to the amendment in text form within two weeks of the notice of amendment. The Lessor undertakes to refer to the possibility of objection, the deadline for objection and the text requirement in the notice of change. Likewise, the Lessor shall inform the Lessee of the meaning and consequences of failure to object.
2. if the lessee objects to the amendment of the general terms and conditions or the services in due time and form, the contractual relationship shall continue under the previous conditions. The lessor reserves the right to terminate the contractual relationship in this case.

§ 24 Applicable law, place of jurisdiction

(1) The contractual relations of the contracting parties shall be governed by the laws of the Federal Republic of Germany.
2. to the extent permitted by law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Leipzig.

§ 25 Alternative Dispute Resolution pursuant to. Art. 14 par. 1 ODR-VO & § 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 26 Final Provisions of the General Terms and Conditions

1. the lessor is entitled to use other companies to fulfill the contractual obligations. This procedure does not require the consent of the tenant. The Lessee agrees in advance that rights and claims under this Agreement may be transferred by the Lessor to a third party.
2. should one of the provisions of these general terms and conditions be invalid or partially invalid, the validity of the remaining provisions shall remain unaffected. In this case, an invalid or partially invalid provision shall be replaced by the provision that comes closest to the original provision from an economic point of view.

Leipzig, the 08.02.2023