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 Lakeside event location, managed by 24 Event & Services GmbH, Seestraße 3, 04207 Leipzig (hereinafter referred to as the ‘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 shall only become effective after written confirmation of the order by the lessor.
2. The rental of the location becomes effective upon written confirmation by both parties and upon payment of a deposit in the amount of the location rent. The latter also serves to secure the date, i.e. the tenant is only entitled to the desired date once the deposit has been paid.
3. An offer made by the lessor or a date option does not constitute an entitlement to conclude a rental agreement.

§ 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). Eine anderweitige Verwendung während des Mietzeitraums ist nicht gestattet.
2. Eine Untervermietung oder sonstige Überlassung an Dritte ist ohne ausdrückliche schriftliche Einwilligung des Vermieters nicht zulässig.
3. Die technischen Einrichtungen des Mietgegenstandes dürfen nur durch den Vermieter oder durch von ihm dazu bevollmächtigten Personen bedient werden. The use of own electrical equipment/appliances using the lessor’s power system requires the prior written consent of the lessor. If the use of third-party equipment/devices causes malfunctions or damage to the lessor’s technical equipment, these shall be borne by the lessee, unless the lessor is responsible for the malfunctions or damage.
4. Any changes to the rental property (including all changes to the furnishings) require the prior written consent of the lessor. 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, structures in/on the rental object and the attachment of decorations.
5. Any decorative material brought along must comply with fire safety 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 tenant will be charged for cleaning or repair costs and/or replacement costs.
6. The tenant is obliged to remove all items, decorations, installations, etc. brought to the premises after the event by the agreed handover time. If the tenant fails to do so, the landlord may, after giving notice, have these items disposed of or destroyed at the tenant’s expense.
7. If the tenant commissions third parties to carry out work on the rental property, they are obliged to notify the landlord of this in good time before the start of the rental 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 quoted prices are only valid for undivided orders.
2. The rental prices in the most recent price list apply. The rental prices quoted are net prices excluding VAT.
3. The prices quoted apply to 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. Der Restbetrag splittet sich üblicherweise in zwei Raten auf, sofern nichts anderes schriftlich vereinbart wurde.
2. Rechnungsbeträge sind, soweit nichts anderes vereinbart wird, mit Rechnungsstand sofort ab Zugang der Rechnung fällig. The lessor also reserves the right to demand payment in advance. The landlord may grant exceptions to this rule in advance and in exceptional cases, but only if this is confirmed in writing.
3. Deposits and advance payments do not bear interest.
4. In the event of late payment, the landlord is entitled to charge interest on arrears in accordance with the statutory provisions of Section 288 of the German Civil Code (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. If an extension of the rental period is desired, this must be reviewed by the landlord and confirmed in writing in advance.
2. If the landlord incurs financial losses due to late return of the rental property, these will be charged to the tenant. 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 organiser) or if the lessor has reasonable grounds to believe that the event may jeopardise the business operations, safety or reputation of the lessor or the rented property in public, without this being attributable to the lessor’s area of organisation.
2. The lessor must inform the contractual partner immediately before exercising its right of withdrawal and reimburse the contractual partner for any consideration already paid.
3. Instead of withdrawing, the lessor may agree on an alternative date with the contractual partner. Any additional costs incurred as a result, in particular for services already rendered by the lessor, shall be borne by the lessee. Furthermore, each party shall bear the costs incurred by the replacement date.
4. In addition, the tenant shall have no claim for damages against the landlord unless the landlord or one of its legal representatives or vicarious agents has acted with intent or gross negligence.

§ 9 Right of withdrawal of the tenant, cancellation

1. The tenant/organiser is entitled to withdraw from this contract in writing up to 7 days before the agreed start of service without giving reasons.
2. In the event of withdrawal by the lessee/organiser, the lessor is entitled to charge the agreed rent and the booked services if, in accordance with the general obligation to minimise damage, it is impossible to re-let the property.
3. The lessee is obliged to pay in full for all external services commissioned through the lessor (e.g. event tools, artists), regardless of the time of withdrawal.
4. In the event of withdrawal by the lessee, the lessor is entitled to claim the following amounts:

For withdrawal/cancellation up to 42 days before the start of the service: 30% of the agreed remuneration
for withdrawal/cancellation up to 30 days before the start of the service: 40% of the agreed remuneration
for withdrawal/cancellation up to 15 days before the start of the service: 60% of the agreed remuneration
for 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. Please note that the landlord may need to use the services and/or resources of other companies and is therefore also subject to their cancellation policies.
5. The date of cancellation is determined by the date on which the landlord receives notification of cancellation.
6. In these General Terms and Conditions, ‘agreed remuneration’ refers to the prices calculated at the time the contract was concluded, unless these have changed in the meantime as agreed – e.g. 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 tenant and the provisions of these General Terms and Conditions.
7. If there is a ban on events in Saxony on the agreed event date, 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 provided by third parties that were commissioned by the lessor for the event and had 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 lessee 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 shall apply. These are to be taken from the offer/order of the service provider.

§ 10 Change in the number of guests

1. The tenant undertakes to inform the landlord 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 tenant has only paid a partial amount of the total sum by the time the number of guests changes, the landlord 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 permissible total occupancy of the booked rental space.
4. A reduction in the number of guests is possible unless the landlord’s offer contains a provision to the contrary. 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 tenant nevertheless wishes to reduce the guest list and thereby falls below the required minimum number of guests, the tenant is entitled to charge for the lost revenue.
5. Special events such as the annual school enrolment party are exceptions 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 can be found in the offer or order confirmation.
6. If special official regulations limiting the number of guests for events apply on the date of the event, the organiser must comply with these. 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 indemnifies the landlord against any liability arising from a breach of the duty to ensure public safety.
2. The tenant 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 contracting party to secure all routes, areas and facilities against general hazards and to eliminate sources of danger.
3. The hirer is obliged to obtain all public law permits required for their event or the purpose of the hire or, if necessary, to make the necessary tax registrations.
4. The hirer is obliged to ensure that the premises are kept in a clean and tidy condition and to remove all rubbish and waste from the premises. 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 tenant or organiser must ensure that the participants in the events are of legal age or accompanied by a legal guardian, if this is required by law. The organiser, not the venue lessor, is fully responsible for checking the age of guests.
5. The tenant is obliged to pay for all components ordered in advance and provided by the venue or a contracted service provider (e.g. catering, team events). 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 reported at the time of handover.
2. The tenant shall be responsible for the conduct of third parties who are present in the rented premises with his consent.
3. The tenant shall bear 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). The tenant shall indemnify the landlord against all claims for damages that may be asserted against the landlord in connection with the event.
4. The tenant is obliged to take out adequate liability insurance, the existence of which must be proven to the landlord upon request. In addition, the lessor may require the lessee to provide further appropriate security, for example in the form of additional insurance, deposits or guarantees.
5. The use of confetti and other small decorative items is not permitted, as these cause considerable cleaning costs. The lessee is obliged to inform their guests accordingly.
In the event of non-compliance, the tenant must ensure that the affected areas are cleaned thoroughly immediately after the event. If the area is not completely cleaned immediately after the event, the landlord will charge the tenant for the costs of cleaning and waste disposal.
6. Throwing crockery or other breakable objects is only permitted after prior consultation with the landlord. Permission to throw crockery is granted under the following conditions:
6.1 Allocation of space: Crockery may only be thrown in an area designated in advance by the landlord.
6.2 Use of a tarpaulin: A suitable tarpaulin must be laid down to protect the floor.
6.3 Cleaning after the party: Immediately after the party, all broken glass and debris must be completely collected and removed.
If the allocated area is not cleaned thoroughly, the landlord will charge the tenant for the necessary cleaning and waste disposal costs.

§ 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 any contamination on the event grounds, this will be removed at the owner’s expense.
2. The organiser may prohibit animals from being brought to certain events (e.g. school enrolment ceremonies 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 shall not be 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 lessor shall not be liable for service disruptions and damages in connection with third-party services that are merely arranged and/or expressly identified as third-party services in the tender.
3. If the contractual partner is unable to perform the service incumbent upon it in the case of an agency transaction, the lessor shall be indemnified by the contractual partner 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 to enter the premises himself or have them entered by authorised persons at any time.
2. The tenant must comply with the existing house rules and all official orders and regulations and ensure that all those involved in the event comply with them. 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 if
1. force majeure (e.g. weather events such as storms, heavy rain, severe weather, but also fire) means that the safe running of the event can no longer be guaranteed, and
2. guests blatantly violate the house rules, essential contractual obligations, existing 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/her authorised representative(s).
Cancellation of an event does not entitle the tenant to a refund of any advance payments/fees already made. 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 the additional costs incurred for personnel.
2. Unless otherwise agreed, the lessor shall charge the lessee a flat rate for beverages 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

1. For marketing purposes within the scope 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 unrecognisable when the photographic material is published.
3. The lessee permits the lessor to name the event, its date and those involved (if necessary, only after completion of production) for the purposes 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 will be 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 transfer of the specified data to debt collection agencies, solicitors and credit agencies for the purpose of processing their orders.
3. If the tenant/prospective tenant does not agree to the storage of their data or wishes to have it changed or deleted, they can notify the landlord by email at event@lakeside-zwenkau.de or by telephone on 0341-24250343. The lessor provides further information on data protection in its privacy policy.

§ 21 Price changes

The landlord is entitled to adjust the prices of his rental premises, goods and other services offered, provided that changing market conditions require this. 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 does not take place within this period, the contract shall be deemed to have been transferred to the new date.
If the landlord is responsible for the circumstances of the postponement, the contract shall only be transferred to the new date with the express consent of the tenant.
2. The lessor has the right to postpone or cancel an event organised by him (e.g. school enrolment ceremony, 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. The landlord shall also inform the tenant of the significance and consequences of failing to object.
2. If the tenant objects to the change in the general terms and conditions or 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 between the contracting parties are subject to the law 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 is 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. Der Mieter stimmt bereits im Voraus zu, dass Rechte und Ansprüche aus diesem Vertrag durch den Vermieter an einen Dritten übertragen werden können.
2. Sollte eine der Bestimmungen dieser allgemeinen Geschäftsbedingungen unwirksam oder teilunwirksam sein, bleibt die Wirksamkeit der übrigen Bestimmungen davon unberührt. 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