General Terms and Conditions of Heins trifft

§ 1 Scope of Application, Definitions

For the rental of rooms on level 17 (hereinafter also referred to as the event area) in the building H1, Philipp-Reis-Platz 1a, 33602 Bielefeld (hereinafter also referred to as the object) by the Objekt Hochhaus Bielefeld Betriebsgesellschaft mbH (hereinafter also referred to as Heins) to the tenant (hereinafter also referred to as the user) as well as any additional services agreed between the parties in this context, the following terms and conditions shall apply exclusively.

All agreements between the user and Heins in connection with the contract arise from the contract and these conditions. The user’s terms and conditions will not become part of the contract unless Heins explicitly agrees to their validity.
Guests of the user under the contract are all persons, organs, employees, visitors, customers, suppliers, and third parties commissioned by the user, belonging to their company or business.

§ 2 Conclusion of the Contract

In the case of the conclusion of the contract, the contract is concluded between the user and Heins.

Heins will submit an individual offer for the desired rental and other services to the user upon request. Heins is bound by the offer for 48 hours after sending, unless another period is specified in the offer.

The user is entitled to accept this offer by sending a contract confirmation via email or in writing. If Heins has reserved the option of subletting the rooms to third parties within the binding period, the contract will only come into effect upon Heins’ confirmation of the contract conclusion via email or in writing.

§ 3 Subject Matter of the Contract

(1) The subject matter of the contract is the rental of the rooms designated in the contract in the event area, including the associated furnishings and other equipment (hereinafter: inventory) for a fee and for a limited time, as well as possibly the provision of other services according to § 4.

(2) The event area consists of flexibly partitionable rooms. In the case of partial use, other users may have rented additional rooms in the event area at the same time. All areas and rooms are rented for use exclusively as event spaces according to § 8 para. (1) without competition protection.

(3) The user is entitled to use the communal facilities of the event area (sanitary facilities and lounge areas), provided these are not rented exclusively to third parties or used solely by Heins. Other property and building parts of the object may only be used by the user with prior consent from Heins. Additionally, the practices of Heins available at the object apply.

§ 4 Additional Services

(1) If additional services (e.g., rental of technical equipment, additional furniture, catering, beverage delivery, event organization, or other additional catering) have been agreed, the provision of services will only take place against payment of the agreed fees and based on a possibly separate agreement.

(2) If the user wishes to take advantage of additional services, they will exclusively commission Heins to do so and will not perform these services themselves or obtain them from third parties without the written consent of Heins. The availability of additional services must be inquired by the user. The provision of additional services according to paragraph (1) by the user themselves or by third parties commissioned by them is only allowed with prior consent and for a fee payable to Heins. This particularly applies to a „corkage fee“ for serving their own or third-party beverages. If the user violates the obligation under sentences 1 to 4, the amount of the appropriate fee will be determined by Heins in accordance with § 315 BGB based on reasonable discretion, unless the parties have made a different agreement.

§ 5 Rental Price, Payments

(1) The amount of the rent is determined by the rental agreement concluded by the parties according to § 2. The rent includes operating and incidental costs. Not included are additional services used by the user, which must be separately compensated in accordance with the rental agreement or a possibly separate agreement.

(2) The agreed rent covers only the rental of the rooms for the agreed period with the agreed number of people unless otherwise agreed. A separate payment is due for use by more than the agreed number of persons (additional person surcharge). § 8 para. (2) remains unaffected.

(3) After the rental period has expired, Heins will issue an invoice for the rent and other services and fees. The invoice will be sent to the email address agreed upon at the conclusion of the contract or used by the user, unless another form of delivery has been agreed.

Heins is entitled to request an advance payment for the rent and/or other services.

All invoices must be paid immediately, no later than 14 days after invoicing. If the rental period begins before this period expires, advance payments must be made no later than the last working day before the start of the rental period.

(4) In the event that the user is in arrears with the payment of the rent, Heins is entitled to refuse the user access to the event area and the booked rooms until all outstanding liabilities are fully paid. Access will only be allowed when the amount owed by the user has been fully received in Heins’ account or payment has been proven by the user.

§ 6 Rental Period, Handover

(1) The beginning of the rental period is determined by the contractually agreed date; a handover via a handover protocol to the user is generally not required and will only take place at Heins’ request. The user is also obliged to pay the agreed lump sum rental price if formal handover/acceptance of the rented property is omitted for reasons not attributable to Heins.

(2) The user accepts the rented property in its existing condition as being in conformity with the contract. Claims due to defects present at the time of contract conclusion are excluded.

(3) A tacit extension of the rental agreement in the event that the user continues to use the property after the rental period expires (§ 545 BGB) is excluded.

§ 7 Cancellation and Termination Rights

(1) Heins grants the user the following cancellation rights:

If the cancellation statement for booked rooms is received by Heins

• up to 10 working days (Monday-Friday) before the event begins, the cancellation is free of charge
• up to 3 working days before the rental begins, 80% of the agreed rent is due
• for a later cancellation, 100% of the agreed rent is due

This regulation also applies to partial cancellations. For cancellations of other services, particularly catering, this regulation applies to the agreed compensation in a corresponding manner, unless a different agreement was made at the time of contract conclusion. The cancellation statement can be sent in writing to the email address trifft@bei-heins.de.

(2) A cancellation is equivalent to the premature termination of the contractual relationship for reasons attributable to the user. An important reason attributable to the user exists for Heins, in particular, if

• there is an unauthorized sublease or transfer of use;
• there is a violation of the usage and behavioral rules of the object,
• Heins becomes aware of circumstances where the user’s financial situation has significantly worsened after the conclusion of the contract.
• a room was booked under misleading or false representation of essential facts, particularly regarding the user’s identity or the rental purpose;
• due to facts, there is a justified suspicion that the security of the object or the reputation of Heins in public is at risk.

In the event of premature termination of the rental agreement by the user for reasons attributable to them, they are liable for the loss of rent and other damages. Cancellation fees according to (1) will be credited towards the compensation.

§ 8 Obligations upon Termination of the Rental Agreement

(1) The rented property must be returned in a condition in compliance with the contract, cleared of items brought in by the user and their guests, and cleaned.

(2) A late return of the rented property obliges the user to compensate for the duration of the retention – at Heins’ discretion, at the agreed rent, a local comparable rent, or a rent higher agreed with a subsequent tenant. The assertion of further damages is not excluded, especially if the delayed return causes the subsequent rental to fail.

(3) Left items will be removed and stored by Heins at the user’s expense. If the removal or storage involves disproportionate effort, Heins may leave the items in the rented property and charge the agreed rent as compensation for the duration of the stay.

§ 9 Use of the Rented Property and Subletting to Third Parties

(1) The use is only permitted for the agreed purpose. The agreed purpose is only for meetings, seminars, conferences, presentations, and similar events unless another purpose has been explicitly agreed. The user may not use the rented property for other than the aforementioned purposes without prior written consent from Heins.

(2) The use is only permitted with the agreed number of people (including service personnel, etc.). The number of persons is limited by building regulations and depends on the size of the booked rooms and common areas. The permissible number of persons will be communicated at the time of the contract conclusion. The user confirms by concluding the contract that they are aware of this regulation.

(3) The user agrees to treat the rented property, as well as the communal areas and facilities, with care and consideration, and to use energy-saving practices. In the course of contractual use of the rented property, the user must exercise every consideration. The user must especially refrain from any behavior that is likely to disturb other users or impair the use of other parts of the building, particularly by generating noise or odors. The Heins customs visible in the property must be observed and are part of the contract.

(4) If the user or their guests violate the above provisions or the Heins customs, Heins may impose a house ban on the individuals responsible for the violation.

(5) The user may not make any changes to the rented property or other rooms, including furnishings and equipment, without the express consent of Heins, particularly no permanent or non-removable alterations, installations, or fixtures. The placement of inventory in the rented property and the other premises at the beginning of the contract must be restored by the user before returning the property. Any changes made by the user without Heins’ consent must be undone by the user at their own expense and the previous state restored immediately. If the user fails to comply within a reasonable period, Heins is entitled to restore the property to its proper condition at the user’s expense.

(6) Any partial or complete subletting of the rented property to third parties is prohibited without the prior consent of Heins. The refusal of consent by Heins does not entitle the user to terminate the rental agreement.

(7) A violation of the above obligations entitles Heins to terminate the rental agreement extraordinarily and without notice.

§ 10 Liability

(1) Heins is liable according to the statutory provisions, subject to the following condition.

For damages, Heins is liable – regardless of the legal basis – under the principles of fault liability in cases of intent and gross negligence.

In cases of simple negligence, Heins is liable only for:

a. Damages resulting from injury to life, body, or health

b. Damages resulting from the significant violation of a material contractual obligation (an obligation whose fulfillment is necessary for the proper performance of the contract and upon whose compliance the user regularly relies and may rely); in this case, Heins’ liability is limited to covering the foreseeable, typically occurring damage.

(2) Guarding, safekeeping, or monitoring of the provided rooms or the items brought in, as well as providing insurance coverage, are not part of the contract. Even if staff is present in the property, this does not imply any assumption of custody or liability.

(3) The user is liable to Heins for any damage caused to the provided rooms, as well as the inventory belonging to the rented premises, the communal facilities, and other installations and facilities, caused by the user, their staff, or their guests. The user bears the burden of proof that there was no fault. The user is obligated to report any damage to Heins immediately.

§ 11 Internet Usage

(1) Heins provides an internet access via WLAN at the property and allows the user and their guests to use this access for the agreed rental period.

(2) The user is solely responsible for actions taken during internet usage. The user is subject to legal, particularly criminal and copyright-related restrictions when querying, storing, transmitting, distributing, and displaying certain content.

(3) The user guarantees that both he and all individuals who use the internet access provided by Heins on his behalf comply with the legal provisions, and specifically refrain from illegal copying, distribution, or downloading of copyrighted material or criminally relevant content.

(4) In the event of violations by the user or their guests of the above guarantees, Heins is entitled to block access and/or remove information.

The user agrees to indemnify Heins from any third-party claims (including claims for damages) as well as any economic disadvantages arising from a violation of the above duties (particularly unauthorized use of the internet access). The user agrees to reimburse Heins for any necessary and reasonable expenses and costs incurred by Heins due to a violation of third-party rights or legal requirements due to the use of internet access by the user, their employees, or guests.

(5) The internet access provided by Heins is operated by an external provider. Therefore, Heins has no control over the availability or bandwidth. The user is aware that temporary unavailability or reduced bandwidth may occur due to maintenance or technical difficulties. Claims arising from this are excluded.

(6) The user is aware that the available bandwidth is limited. The user is prohibited from taking any actions that could impair the operation or use of the internet access by themselves or other users. The user will ensure that, in the case of temporary unavailability or insufficient bandwidth, a backup solution is in place (e.g., access to a mobile network, regular data backup) to avoid damages caused by temporary unavailability or insufficient bandwidth.

(7) The user is informed that the WLAN only provides internet access and that no virus protection or firewall is provided. The data traffic conducted via the WLAN is unencrypted. The use of the access is at the user’s own risk. The user is responsible for the data transmitted via the access, for any paid services taken through it, and for any legal transactions made. If the user visits paid websites or incurs liabilities, they are responsible for the resulting costs.

§ 12 Persons in Multiple

(1) If multiple persons have entered into the rental agreement, they are jointly and severally liable for the obligations arising from the rental relationship. Early release of one of the users requires prior written consent from Heins in each individual case.

(2) For the legal validity of a declaration of intent by Heins, it is sufficient if it is made to one of the users. The users mutually authorize each other to receive declarations of intent from one user for and against the other users. The above provisions also apply to contract modifications and the receipt of terminations.

§ 13 Miscellaneous

(1) Heins is neither obligated nor willing to participate in a dispute resolution process before a consumer arbitration board. Reference is made to the online dispute resolution platform of the European Commission at http://ec.europa.eu/consumers/odr/. Heins’ email address is: trifft@bei-heins.de.

(2) Any changes to personal or business data (address, email address, etc.) must be promptly communicated to Heins.

(3) If any part or all of these terms and conditions are or become invalid, the validity of the remaining provisions will not be affected.

(4) The user’s consent to a change in these terms and conditions or a rental price adjustment is considered granted if Heins informs the user of the change, provides a reasonable deadline for giving consent with the notification, and informs the user that consent will be considered granted if no objection is made in writing or in text form (e-mail) within the given period.