our terms and conditions
§ 1 Scope
1) These terms and conditions apply to contracts between Becker & Kern GmbH and the respective tenant for the rental of the event location Loft 50|4, Seestr. 50, 13347 Berlin (hereinafter referred to as rental object), and possibly the provision of further services (if contractually agreed: hospitality, decoration, orchestra/band/artists, photo/camera team and staff) by Becker & Kern GmbH.
2) The lessee’s contractual terms and conditions only apply if they have been expressly agreed in writing.
§ 2 Terms and Clarifications
Within the framework of the event held on its premises, Becker & Kern GmbH acts exclusively as a lessor and under no circumstances as an organizer. The respective lessee of Becker & Kern GmbH is lessee and organizer at the same time and must clearly express this on all printed matter, posters, admission tickets, etc. Becker & Kern GmbH does not enter into any contractual legal relationships with the visitors of the respective tenant/organiser. If necessary, this is exclusively the responsibility of the lessee as the organizer. The sole point of contact for Becker & Kern GmbH is the tenant or the event manager appointed by him. The contact person for the guests at the respective event is the organizer, i.e. the tenant.
§ 3 Offer, conclusion of contract, transfer to third parties, subletting
1) The contract is only concluded when the contract is signed by the tenant and Becker & Kern GmbH.
2) It is not permitted for the tenant to transfer the rented item to a third party. The lessee is also prohibited from giving third parties access to the rental object for the purpose of selling goods without the prior consent of Becker & Kern GmbH. A violation by the lessee of § 3 paragraph 2 of these terms and conditions grants Becker & Kern GmbH the rights from § 16 of these terms and conditions.
§ 4 Rent and ancillary rental costs
1) The rent includes the applicable statutory sales tax. It is due in advance, amounting to 50% of the agreed rent, two weeks after the conclusion of the rental agreement. The remaining balance is due two weeks before the event. The rent is to be paid to the account of Becker & Kern GmbH. In the case of short-term events that are carried out within four weeks of the conclusion of the contract, the entire rent is due immediately.
2) The rent includes the additional costs.
§ 5 Use of the rented property, delivery and return
1) The rented item may only be used for the purpose specified in the contract. A change in the purpose of use requires the prior written consent of Becker & Kern GmbH. Any declarations of consent by Becker & Kern GmbH are always issued subject to any public law approval that may be required, even if this is not expressly stated in the declaration of consent. Compliance with the purpose of use agreed and specified in the contract is expressly declared to be an essential contractual obligation, the violation of which gives Becker & Kern GmbH the rights from § 16 of these contractual conditions.
2) The lessee must ensure that no persons, minorities, ethnic groups, political parties or other groups are denigrated, discriminated against or degraded in any other way during the event. Becker & Kern GmbH will not allow an event for such a purpose. Compliance with this obligation is expressly declared to be an essential contractual obligation, the violation of which gives Becker & Kern GmbH the rights from § 16 of these contractual conditions.
3) Unless otherwise specified in the contract, the rented item is to be handed over to the renter no later than on the day of the event, one hour before the contractually agreed start of the event. If Becker & Kern GmbH also owes the decoration of the rental object, the acceptance also includes the acceptance of the decoration. A handover protocol is drawn up and signed by both contracting parties. Any deficiencies are to be recorded in this.
4) The rented item must be returned to Becker & Kern GmbH in a cleared condition after the event has taken place, no later than 2 hours after the end of the event agreed in the contract. Objects, superstructures, conversions installed by the tenant must be completely removed by then and the original condition restored. Upon return, a handover protocol will be drawn up and signed by both contracting parties. Any deficiencies must be noted therein.
5) If the rented item is returned late, an additional rent of €100 will be due for each hour started. This does not apply if the lessee, his suppliers or his vicarious agents are not responsible for the delayed return.
§ 6 Course of the event
1) The lessee must provide Becker & Kern GmbH with precise written information about the course of the event no later than four weeks before the event. If it has been contractually agreed that the lessee commissions his own suppliers, he must send Becker & Kern GmbH a list of these suppliers no later than four weeks before the event.
2) The lessee must nominate a responsible event manager in writing by this time.
3) The tenant is responsible for using the cloakroom. Becker & Kern GmbH assumes no liability for these or for the loss of or damage to the items handed in. Something else applies if it has been contractually agreed that the cloakroom and the staff for this will be provided by Becker & Kern GmbH.
§ 7 Advertising
The tenant has to carry out advertising measures on his own. Only advertising measures that directly relate to the purpose agreed in the contract are permitted. Further advertising measures in the rooms and on the event grounds of Becker & Kern GmbH require the prior consent of Becker & Kern GmbH.
§ 8 Decoration, catering, photo/camera team, orchestra and behavior in the event of defects
1) The contractually agreed decoration chosen by the tenant, the type of hospitality, the selected orchestra/musicians and the photo/camera team are to be provided by Becker & Kern GmbH on the day of the event. Becker & Kern GmbH expressly points out to the tenant that the decoration variants presented before the conclusion of the contract are only for style orientation and are therefore only exemplary samples. Becker & Kern GmbH will try to provide the decoration variant selected by the tenant with the decorative items shown. However, the decorative items can be changed in the course of time up to the agreed start of the event, due to wear and tear or through the procurement of newer and different decorative items. The lessee is only entitled to an optically and qualitatively approximate decoration variant that comes close to the decoration variant presented and selected prior to the conclusion of the contract.
2) The lessee has defects that he was aware of upon acceptance of the decoration, the hospitality (also applies expressly to the ordered and delivered food; acceptance takes place here at the time the food is delivered and the drinks are served), the photo/camera team and the orchestras, to notify Becker & Kern GmbH immediately. If there is no immediate notification of defects, the flawless condition is deemed to be confirmed if the renter could have recognized the defects.
3) The delivery of the drinks by Becker & Kern GmbH is contractually determined by a drinks flat rate. Drinks that are not included in the agreed flat rate will be billed separately. If desired, Becker & Kern GmbH, which are not included in the drinks flat rate, can be billed directly to the guests. In the event of insolvency of the respective guest, the tenant is jointly and severally liable.
4) After a prior, separate written agreement with Becker & Kern GmbH, the lessee is entitled to obtain additional drinks at his own expense in addition to the ordered drinks flat rate. This can also be alcoholic beverages. In this case, the lessee must ensure that the drinks he has brought in are served himself. Becker & Kern GmbH is released from this obligation as part of the agreed service.
5) The lessee may decorate the rental object with the prior consent of Becker & Kern GmbH. Only objects that are flame retardant or made flame retardant by means of an officially recognized impregnation agent may be used for decoration. The objects must at least be flame retardant according to DIN regulations 4102 and must be listed in advance. The decoration is carried out under the supervision of an employee of Becker & Kern GmbH. The tenant is liable in full for any damage caused by the decoration of the rented property.
§ 9 GEMA Fees
The lessee must register GEMA-obligatory works with GEMA in good time and is solely responsible for paying the GEMA fees. 14 days before the event, Becker & Kern GmbH can request written proof of registration of the event with GEMA and proof of the GEMA fees paid from the lessee. If the documents are not submitted, Becker & Kern GmbH can, after setting a deadline of one week, withdraw from the contract and demand compensation.
§ 10 Fire brigade and medical service, additional costs
Becker & Kern GmbH can inform the police, fire brigade and rescue service before the event. The number of employees deployed depends primarily on the expected number of visitors and the type of event. The tenant has to bear the relevant costs. These costs are not included in the rent. At the latest two weeks after the day of the event, Becker & Kern GmbH will issue the lessee with a final invoice for these costs.
§ 11 Security
1) The lessee is responsible for ensuring that the event runs safely and smoothly. He bears the entire risk of the event including the preparation and follow-up. He is responsible for the safety of the event and compliance with the regulations and official requirements. In particular, he must comply with and observe the provisions of the Youth Protection Act, the Industrial Code and the Ordinance on Places of Assembly.
2) If dangers are to be expected from the event, the lessee must submit a security concept from a security company to Becker & Kern GmbH upon request. This must show that there are no dangers to public safety and order and that the event can be carried out safely.
3) During operation, the lessee or his responsible event manager must be present at all times. The lessee or the event manager commissioned by him must ensure cooperation between the security service, fire safety guard and medical guard, the police, the fire brigade and the rescue service. The lessee or the commissioned event manager must familiarize himself with the venue and its facilities. For this purpose, the renter or the event manager must contact Becker & Kern GmbH before the start of the event. It is clarified that all operator obligations according to § 38 paragraphs 1 to 4 of (https://gesetze.berlin.de/bsbe/document/jlr-BauAnlBetrVBEFRAME) must be fulfilled by the tenant.
4) In the event of serious dangers to public safety and order that cannot be remedied, the lessee must cancel the event after consultation with Becker & Kern GmbH. This applies in particular if systems, facilities or devices required for safety are not operational or if operating regulations cannot be complied with.
§ 12 Liability of the tenant
1) The tenant must treat the rooms and objects provided carefully and with care and return them in a proper, ready-to-move-in condition and complete, including keys, equipment and systems provided.
2) If the lessee does not fulfill his duty of care or if his suppliers, vicarious agents or vicarious agents violate their duty of care, he is liable to Becker & Kern GmbH for compensation for the resulting damage. This applies in particular to damage to the rental item; if damage to the rental object prevents a new rental, the tenant is liable for the resulting loss of rent and any recourse claims by subsequent tenants. In the event of a dispute, the tenant must relieve himself that he is not responsible for the breach of duty.
3) Insofar as persons other than those named in paragraph 2, in particular visitors to the event, cause damage to the rental object, the lessee is liable for damages to Becker & Kern GmbH if he/she is at fault.
4) The lessee shall indemnify Becker & Kern GmbH from all third-party claims for damages asserted against Becker & Kern GmbH, insofar as they are the responsibility of the lessee, his suppliers or his vicarious agents and in connection with the event.
5) The lessee is obliged to take out organizer liability insurance with at least the following coverage amounts:
– €3 million for personal injury
– €3 million for property damage
– €3 million for financial losses.
The lessee shall prove to Becker & Kern GmbH that he has taken out such insurance 4 weeks before the start of the event by presenting the insurance certificate. Otherwise, Becker & Kern GmbH will take out the necessary insurance at the expense of the lessee or declare withdrawal from the contract after a deadline has not been set.
§ 13 Liability of Becker & Kern GmbH
1) Becker & Kern GmbH shall make the rented premises available to the tenant in proper condition at the agreed time. Should there be any defects in the rented item, Becker & Kern GmbH will rectify these immediately after becoming aware of them.
2) Further claims for damages – regardless of whether they are derived from liability for defects under tenancy law, from tort or another legal reason – can only be asserted against Becker & Kern GmbH if the latter acted intentionally or with gross negligence. This also applies in particular to defects that already existed when the rental agreement was concluded; the fault-based liability of Becker & Kern GmbH according to § 536a BGB is expressly excluded.
3) However, the limitations of liability according to paragraph 2 sentence 1 do not apply if rental defects or other liability-relevant facts have led to damage to life, limb or health (personal injury) or if the landlord has violated essential contractual obligations (cardinal obligations). Then Becker & Kern GmbH is also liable for slight negligence.
4) Becker & Kern GmbH assumes no liability whatsoever for items brought in by the lessee, his suppliers and his vicarious agents or vicarious agents, except in cases of intent or gross negligence.
§ 14 Domiciliary rights
For the duration of the event – the contractually agreed duration of the event is decisive – the lessee has domiciliary rights in the rental object. Becker & Kern GmbH reserves the right to take possession of this if there is a risk to public security and order. When Becker & Kern GmbH exercises domiciliary rights, the legitimate interests of the tenant, in particular the rights of use to which he is entitled from the agreed contract and these contractual conditions, must be taken into account.
§ 15 Smoking ban
Smoking is strictly prohibited in the rented property, with the exception of the smoking lounge that has been declared and set up specifically for this purpose. The lessee must ensure that cigarettes are not disposed of in any other way than in the designated containers (ashtrays).
§ 16 Withdrawal from the contract, cancellation
1) The concluded contract is binding for both parties. Ordinary termination is excluded. Withdrawal from the contract is only permitted in exceptional cases in accordance with the following paragraphs.
1.1) Becker & Kern GmbH can withdraw from the contract after setting a deadline that has not come to fruition if
a) the rent has not been paid on time,
b) if the lessee has not registered and paid the fees to GEMA and has not notified Becker & Kern GmbH of the payment upon request,
c) the lessee has not provided proof of organizer liability insurance,
d) the lessee’s event disrupts public safety and order or there is a reasonable probability that such a disruption is to be feared based on facts,
e) the agreed purpose of use is changed by the tenant,
f) official approvals that the tenant must obtain are not available, legal regulations, in particular operating regulations of the Ordinance on Places of Assembly, which the tenant must ensure compliance with, are violated, or official requirements that the tenant must comply with are not observed,
g) the lessee, without being authorized to do so by Becker & Kern GmbH, leaves the rental object to a third party,
h) the renter, contrary to § 5 paragraph 2, allows people, minorities, ethnic groups, political parties or other groups to be denigrated, discriminated against or degraded in any other way at the event.
In the event that Becker & Kern GmbH withdraws, the rent paid must be returned to the tenant; however, this does not apply if the lessee is responsible for the reasons stated in a) to h).
1.2) The lessee can withdraw from the contract free of charge up to 9 months before the start of the event. After that, a withdrawal is only possible with the following cancellation rates:
– up to 5 months before the start of the event: 25%
– up to 4 months before the start of the event: 50%
– up to 3 months before the start of the event: 75%
– Less than 3 months before the start of the event: 100%
the contractually agreed rent. The cancellation must be in writing. If Becker & Kern GmbH had further expenses up to the time of cancellation, it may charge the tenant for these costs as well. The lessee has the right to prove that Becker & Kern GmbH suffered less damage or no damage at all. Upon request, Becker & Kern GmbH will provide the tenant with appropriate information.
2) If the event is canceled due to force majeure, either party can withdraw. In this case, the obligations regarding the transfer of use and the payment of rent do not apply. Any rental payment already made must be refunded. Each contracting party shall bear any expenses incurred up to that point. Bad weather does not count as force majeure.
§ 17 Written Form Clause; severability clause
1) Only the written agreements made in the contract are decisive for the contractual relationships. Changes and additions must be made in writing. This also applies to the cancellation of the written form clause.
2) Should a contract provision be invalid, this does not affect the continued existence of the rest of the contract. The invalid clause – if available – will be replaced by the corresponding statutory provision.
§ 18 Validity of the German version
The German version of these contractual conditions applies exclusively. The conditions written in other languages are translated to the best of our knowledge. However, they have no legal effect.
§ 19 Choice of Law; place of jurisdiction
German law applies to the legal relationships between the contractual partners. If the contractual partners are merchants or legal entities under public law or one of the parties does not have a general place of jurisdiction in Germany, the place of jurisdiction is Berlin.
Berlin, July 29, 2023