GENERAL TERMS OF CONTRACT

for TRIAD Edutainment Enterprises GmbH (TEE) for events at the event location Brandenburg Gate Museum | Immersive Showroom Berlin

These General Terms of Contract include 3 parts:

Part 1: General Terms & Conditions

Part 2: Visitor Regulations for the Brandenburg Gate Museum

Part 3: Technical Guide

Part 1 General Terms & Conditions

  1. Scope
    • TRIAD Edutainment Enterprises GmbH (hereinafter referred to as “TEE” or “Contractor”) leases the premises of the event location Brandenburg Gate Museum | Immersive Showroom Berlin (in the following called “Location”).
    • The following General Terms & Conditions (GTC) are exclusively valid for all contracts between TEE and contractors, event organizers, and renters (in the following called “Client”) for the provision of event rooms, spaces and showcases for the organization of events such as presentations, seminars, press conferences, corporate events, meetings, workshops, receptions, product presentations, etc., as well as for all other related goods and services provided by TEE.
  1. GTC of the Contractor

The client’s General Terms and Conditions are not part of the contract and are only applicable if TEE has made previous written arrangements and explicitly made a written agreement.

  1. Conclusion of the Contract and Contractual Partners 
  • The contractual partners are TEE and the client
  • The event will be carried out by the client and/or a third party as the organizer.
  • No legal claim can be made for a verbal reservation of the location for a certain date and/or verbal offering of date options. These are non-binding.
  • TEE submits a non-binding proposal to the client, on the basis of which the client sends TEE a binding booking, which may also be submitted by e-mail. When the client makes a booking (submits the order), this is the legally binding contract for the duration of the contract with TEE.
  • A legally valid contract is thus only concluded by the written booking confirmation by TEE (acceptance by TEE).
  • Components of the contract include, in addition to the order confirmation, these General Terms and Conditions and the Visitor Regulations of the Brandenburg Gate Museum (below Part 2).
  • If the fees due to TEE are not paid on time, TEE has the extraordinary right of termination.
  • If the client is not the same as the organizer, and a secondary contract with the organizer is concluded, the second contract with the organizer will not release him from his obligations under the contract with TEE.
  • TEE reserves the right to refuse access to the premises.
  1. Services, Prices, Payment
  • TEE is obligated to provide the services ordered by and promised to the client. The rental price includes the so-called operating costs, unless they are billed separately per these Terms & Conditions, e.g. per Para. 10, or per a separate written agreement.
  • The client is obligated to pay TEE the contractually agreed fees for all the services provided, as well as all expenses that TEE covered for services by third parties, especially for demands from copyright collecting societies.
  • The client is obligated to pay TEE a down payment of 50% of the contractually agreed total to the account specified by TEE within 10 days after receipt of the booking confirmation, and is responsible for timely receipt of the payment.
  • The agreed prices are net plus the value-added tax applicable at the time the service is provided.
  • If the period between the conclusion of the contract and the event exceeds six months, TEE may make a reasonable increase to the contractually agreed price if the costs included in the pricing (e.g. rental costs, personnel costs, consumption costs, material costs) have risen in comparison to the costs calculated by TEE at the time of conclusion of the contract.
  • The client is responsible for the registration of the event with the GEMA and other collection agencies (for image, word, etc.) as well as for the payment of the artist’s social security contributions, unless otherwise stated in the contract. The client indemnifies TEE against claims of GEMA and third parties in the event of breach of these obligations.
  1. Length and Object of Rental
    • The location is rented for the contractually agreed time. The times agree upon for construction, any decoration work and dismantling are contractually binding as a separate item.
    • For the construction and dismantling work, sufficient time must be planned to enable the work to be carried out completely and safely.
    • The location may be used by the client only for the contractually agreed purpose and for the contractually agreed duration. Any change or extension of use requires the express prior written agreement by TEE.
    • The client acknowledges the Visitor Regulations of the Brandenburg Gate Museum, Part 2 (House Rules), and undertakes to appropriately inform the visitors/participants at their event to ensure compliance, in particular with regards to the absolute smoking ban throughout the building.
    • The client is aware that the operation of a hotplate, regardless of heat source, is strictly prohibited in the location and that decorations may not be installed on the walls and ceilings of the location. He undertakes to instruct third parties, such as a caterer, and the event guests accordingly. The client is liable for any damages resulting from disregard of the prohibitions.
    • TEE will provide information about the security concept for the space that is on display at the location. If the client wishes to have security personnel, he must arrange this in a separate agreement with external service providers.
    • TEE is obligated to provide the client with the space and equipment listed in the contract in the proper condition for the duration of the rental period.
    • TEE points out that the client is not permitted to attach any new lighting to the Erco rails without prior consultation with TEE. Should this not be heeded, the client will be liable for a false alarm triggered by the installation of new lighting.
    • Before setting up in the location, the client may carry out a detailed inspection. After a fault-free inspection, the client acknowledges the that the location has no identifiable defects.
    • The logistics, construction, setup and dismantling of the event, including all delivery activities, must be carried out in consultation with TEE. The dates for the work are to be scheduled and coordinated with TEE in a timely manner, regardless of the contractually agreed assembly and dismantling times.
    • All events must be conducted under the supervision of a TEE event manager.
    • Regarding personal or company-specific permit conditions, it is incumbent on the client to obtain any necessary regulatory approvals for him and his company at his own expense and risk, to maintain them during the period of use, and to fulfil the any requirements requested by the regulatory authorities, even if they are requested retrospectively. The client must provide proof to TEE of the required official approvals in a timely manner before the start of the event.
    • A maximum of 100 persons (including staff) are permitted on the premises.
    • The client is not entitled, without the prior written consent of TEE, to transfer the use of the rental object to a third party, and specifically may not sub-lease it—even partially.
    • The client may not bring food and drinks to the premises, without prior written approval by TEE. If the client commissions a caterer, a lump sum loss compensation will be added to the fee contractually agreed with TEE.
    • The client is obligated to inform TEE about any radio, television, film or video recordings intended by him or a third party without delay and to ensure that the regulations set out in clause 15 of these GTC are observed.
  1. Withdrawal by the Client from the Contract (Order Retraction, Cancellation, No-Show
  • If the client withdraws from the contract, he undertakes to pay the following cancellation fees, calculated as the gross cost of the contractually agreed fees plus value added tax, for all agreed individual services, as follows:

after conclusion of contract: 50%         cancellation up to 90 working days before event: 75%         cancellation up to 60 working days before the event: 100%

  • Services booked from third parties shall be charged to the client to the extent that they can no longer be cancelled free of charge after receiving notification by the client.
  • Irrespective of the withdrawal date / cancellation date or the non-acceptance of the service (“No-Show”), all costs already incurred for the booking of the event will be charged to the client in full.
  • The above-mentioned deadlines are calculated based on the date that the written notice of withdrawal is received by TEE during normal business hours.
  • Should TEE be successful in finding a third party to book economically comparable services with respect to rental and other services with the contractually agreed ones for the same period, TEE is prepared to make a written agreement with the client that diverges from the preceding clauses 6.1 to 6.3 that reduces the agreed reimbursement, costs and fees associated with clauses 6.1 to 6.3, possibly to the point that no payment is due.
  1. Withdrawal from the contract by TEE
  • TEE is entitled to withdraw from the contract or to terminate the contract without explanation, if

(1)  the required down payment, as set in Para. 4.3., was not paid to TEE on time, and for as long as payment has not been received,(2)  or if the customer violates essential provisions of the contract including these GTC,(3)  or if the intended event is likely to disturb public safety and the client fails to remedy the situation despite being warned,(4)  or a damage to the reputation of the location is to be feared,(5)  or if the client has provided no or incorrect pre-contractual information per Para. 7.2.,(6)  or the rental property is not accessible due to force majeure.

  • The client is obliged to inform TEE before signing the contract for events that are to be used to represent social or political positions. In such a case, TEE reserves the right to reject the event, insofar as it does not comply with the principles of the general shared law and common values and reserves the right to exercise termination per Para. 7.1.
  • In the preceding cases, Para. 7.1 and Para. 7.2, TEE is not obliged to reimburse the client for any costs, expenses or damages either pending or incurred.
  • Withdrawal and termination without notice are to be declared to the client as soon as TEE becomes aware of the reason for termination.
  1. Changes in the Number of Participants or Times of the Event
  • At the latest seven working days before the beginning of the event, the client shall inform TEE of the exact start time and end of the event within the window of booked time.
  • The client must also notify TEE about the final number of participants in advance, at the latest two weeks before the start of the event, if the difference is more than 10% of the originally agreed number of participants.
  • If the difference is less than 10%, it suffices to announces the final number of participants by two days before the start of the event.
  • In writing, it is possible to change the contract with respect to an increase in the number of participants to a maximum of 100 persons (including staff), within the contractual and special limits.
  • An increase in the number of participants may result in the originally contracted scope of services (including those additionally contracted by TEE) not being sufficient (depending on the type of event). As far as possible, TEE will separately inform the client in advance if this is possible in time. All external services due to the increased number of participants shall be deemed to have been contractually agreed and will be invoiced to the client after the event and shall be paid in accordance with the contractual provisions.
  • The increase in the number of participants may result in the originally contracted scope of services (including those additionally contracted by TEE) not being sufficient (depending on the type of event). As far as possible, TEE will separately inform the client in advance if this is possible in good time. All external services due to the increased number of participants shall be deemed to have been contractually agreed and will be invoiced to the client after the event and shall be paid in accordance with the contractual provisions.
  1. Hindrances and Force Majeure
    • Delays in delivery or service due to the special location situation (Berlin government district, Brandenburg Gate) or due to events that are outside the sphere of influence of TEE, which make the provision of TEE’s services significantly more difficult, unreasonable or impossible, are considered to be caused by force majeure and are outside the responsibility of TEE, unless the hindrances were known at the conclusion of the contract and the client should have expected to have been advised.
    • If in the event of force majeure or other exceptional circumstances not attributable to TEE, e.g. in the event of a strike, lack of means of transport, official interventions, closures, access or energy supply difficulties or natural disasters, and the event cannot be carried out or it would not be reasonable to conduct it, TEE is released from the obligation to provide the rented premises and other services. This applies in particular to operational malfunctions caused by force majeure if TEE has done everything it can reasonably do for the purpose of rectification and replacement.
    • TEE must notify the client immediately about the cancellation of the event due to force majeure or other unforeseeable events.
    • If the event is cancelled due to force majeure or other unforeseeable events, all claims of whatever nature, in particular claims for damages against TEE, are excluded. The client is not obligated to pay.
  1. Technical Equipment and Connections
    • If TEE procures technical and other equipment from third parties outside of the scope of services agreed with TEE for the client or at his request, TEE acts in the name of and for the account of the client. The client is liable for the careful treatment and the proper return of any equipment It exempts TEE from all third-party claims arising from the provision of this equipment.
    • The use of the customer’s own electrical systems using the location’s power network requires TEE’s approval. Disruptions or damage to the technical equipment of the location caused by the use of these devices shall be borne by the customer, unless TEE is responsible for them. The electricity costs resulting from the use may be recorded and billed separately by TEE.
    • The client is entitled, with TEE’s consent, to use its own telephone, fax and data transmission equipment. TEE may collect a connection fee.
    • If TEE’s equipment remains unused due to the connection of the customer’s own equipment, TEE may charge a fee for loss compensation.
    • Disruptions to technical or other equipment provided by TEE will be remedied immediately if possible. Payments cannot be withheld or reduced as long as TEE is not responsible for these disruptions.
  1. Technical Services
    • TEE points out that the technical equipment is high-quality and expensive and the displays in the showroom must be treated and protected with extreme care. The client is liable for damages caused by improper handling, in accordance with no. 13.2 of these Terms & Conditions. Reference is made to the Technical Manual (Part 3).
    • TEE may offer the client an additional agreement, which includes technical services provided by TEE, as well as the mediation of third party technical service providers, with whom the client can conclude separate agreements.
    • TEE may provide the following technical services:
  • Production of still images
  • control and individual presentation of the multimedia history show,
  • lighting control during the event
  • simultaneous display of up to 4 HDMI sources (for example laptops) on the screen in windows of size 3 x 3 screens or smaller (so-called PIP windows, surcharge possible),
  • Support for the implementation & design of static 270° slides (e.g.: 270° panorama, surcharge),
  • Conversion and upload of static 270° slides (e.g.: 270° panorama, surcharge),
  • Setup of the microphone for up to 6 speakers simultaneously, as well as sound technician support during the event (surcharge)
  • If the client wishes to present technical products during the event (films, files, graphics, content), which were not produced by TEE or a company accepted by TEE, the products must be adapted accordingly. In this case, TEE denies any liability for these technical services, unless TEE acted deliberately or negligently. A reduction of the price, as established in Para. 3.
  1. Exclusion of Liability in Case of Loss or Damage of Brought Goods
    • Any items brought to the venue underlie the exclusive liability of the client/organiser at the location. TEE assumes no liability for loss, destruction or damage, unless TEE is responsible for gross negligence or intent.
    • The liability disclaimer in Para. 14.2 is valid for valuables, cash, cloakroom or other items, which are brought by the client, its employees, its agents, visitors or other third parties.
  1. Liability of the Client for Damages | Obligations of the Client
    • The client must have and prove third-party liability insurance, which covers the risks to be borne by him. There is no limitation of liability associated with this. TEE may demand the deposit of a security deposit (e.g. deposits, guarantees), the amount of which also depends on the scope and nature of the event and the technology to be used, and which shall be agreed upon in detail. The client is liable for all damage to buildings or inventory caused by his guests or event participants, or his associated third parties. This regulation applies both inside and outside the location.
    • The client ensures that he has qualified organizational management, in which the arrangement and decision rights are clearly regulated. He must name a responsible person to TEE who is present during the entire event and during and disassembly and who ensures compliance with the contractually agreed use.
  1. Liability Disclaimer
    • TEE will provide the services ordered by the client and promised by TEE in accordance with the contract. Agreed services are binding, unless TEE or its service providers are prevented from fulfilling their obligations by the occurrence of unforeseeable, exceptional circumstances which they could not avert despite the greatest care, or by force majeure. Any claims for damages by the customer derived therefrom are waived (see above, Para. 9).
    • Claims for damages against TEE and its vicarious agents and subcontractors due to breaches of duty are excluded unless gross negligence or intent, negligence of material contractual obligations or injury to life, limb or health exist.
  1. Confidentiality, Privacy
    • The contracting parties shall use all information made available to them through the cooperation, be it personal or pertinent, be it business or trade secrets or other business or operational facts, which have become known to them, only in the context of cooperation. This duty of confidentiality applies beyond the termination of the contractual relationship and to authorities and courts, even in litigation between the contracting parties.
    • TEE and any third parties commissioned to carry out the contract shall process and use the personal data that TEE receives from the client in compliance with the applicable data protection regulations only to the extent necessary for the execution of the contract and customer administration, to which the client gives his consent.
    • The data of the client shall not be disclosed by TEE to third parties, unless the client expressly agrees to such disclosure in writing, or TEE commissions third parties to carry out the measures specified in Para. 14.1.
    • Transfer of personal data to state institutions and authorities is only possible within the framework of mandatory legal provisions. TEE employees processing personal information are required to maintain confidentiality and to comply with data protection regulations.
    • The customer is obliged to treat the operational procedures and data of TEE, which become known to him over the course of the event, confidentially even beyond the agreed contract period and to observe the provisions of the data protection laws. Subcontractors must oblige the client accordingly.
  1. Logo, Photo and Copyright Rights
    • The logo “Brandenburg Gate Museum | Immersive Show Room” may only be used after prior agreement with TEE in compliance with copyright laws.
    • Without TEE’s consent, the client may not allow photo or film recordings for the purpose of commercial production of recordings at events. The use of recordings for private or internal purposes is permitted.
    • Advertising devices, signs, banners, etc. may only be installed inside and outside the location after prior explicit approval by TEE. They are to be removed within the agreed period of use.
    • All representations, documents and photo material including press releases, posters, appearances on the Internet or other media, which are to include the logo “Brandenburg Gate Museum | Immersive Show Room” must be submitted to TEE for approval before publication. This also applies to all other printed matter and media appearances that are produced in connection with the event.
  2. Agreement in writing, applicable law, place of performance, place of jurisdiction
    • Amendments or additions to the contract, the offer or the contract acceptance, or a deviating agreement of these General Terms & Conditions must be made in writing. Unilateral changes or additions are ineffective.
    • German law applies, excluding the UN Convention on Contracts for the International Sale of Goods
    • Place of fulfilment and payment is Berlin.
    • The place of jurisdiction for all legal disputes arising from the contractual relationship as well as its occurrence and effectiveness shall be Berlin.
  1. Severability clause
    • Should individual provisions of the General Terms & Conditions for events listed here be ineffective, the validity of the remaining provisions shall not be affected. The parties shall undertake to replace an ineffective provision of these General Terms & Conditions of the General Terms of Contract of TRIAD Edutainment Enterprises GmbH and of the contract itself with an effective one, which most closely approximates the economic purpose of this provision. The same applies if the contract contains a gap that must be filled.

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