Estrel Berlin

General Terms

  • General Terms
General Terms and Conditions of the Estrel Hotel-Betriebs-GmbH (for the Hotel Accommodation Contract)
Section 1 Scope of application

  1. The present terms and conditions shall govern all contracts for the rental use of hotel rooms for accommodation purposes as well as all other goods delivered and services rendered to the customer or user by Estrel Hotel-Betriebs-GmbH (hotel), as long as no arrangements that might diverge from the present terms and conditions have been agreed in separate contracts. The customer shall be deemed to be any user of the hotel's services who has registered in the hotel.
  2. Subletting or re-letting the rooms provided and the use thereof for purposes other than accommodation shall require the explicit prior consent of the hotel.
  3. The customer’s general terms and conditions shall apply only if this has been previously agreed in writing.

Section 2 Conclusion of contract, contracting parties, contractual liability; statute of limitations

  1. The hotel accommodation contract shall come into force upon the hotel's acceptance of the customer's application. The hotel is at liberty to send the customer a written confirmation of the room reservation.
  2. The parties to the contract are the hotel and the customer. If a third party has made the reservation on behalf of the customer, then that party shall be liable as representative without power of representation until the hotel has received an effective power of attorney or a subsequent authorisation by the customer himself.
  3. The hotel's liability shall be restricted to intentional or grossly negligent breach of duty. In the case of slightly negligent violation of collateral duties under the contract or of intentional or grossly negligent breaches of duty by simple vicarious agents, liability shall be restricted to the amount of the contractually agreed rent. This shall not affect liability for injury to life, body or health or data protection claims. Any claims of the customer shall become statute-barred one year after the commencement of the statutory period of limitation, at most, however, five years from the end of the year in which the claim occurred. This shall not apply to claims arising from intentional damage or from injury to life, body or health or data protection claims.
Section 3 Services, prices, payment, billing

  1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
  2. The customer is obligated to pay the applicable or agreed hotel prices for the rooms provided and for the other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer. 
  3. The agreed prices are in each case inclusive of applicable statutory VAT.  If, between closing (booking, conclusion of contract) and the date of performance by the hotel, a higher VAT rate is introduced or taxes imposed on the hotel are raised or increased, e.g. in the form of culture promotion fees per overnight stay or per bed and person, prices shall be increased accordingly, without any additional agreement being required between the parties.
  4. The hotel may change the agreed price if the customer, after the original booking, wishes to make changes in the number of reserved rooms, the hotel’s services, or the length of guests’ stay, and the hotel consents to such changes.
  5. If the period between conclusion and fulfilment of contract exceeds four months, the hotel may raise the contractually agreed price by up to five percent if there have been increases in the costs of heating, electricity or water in the meantime, or if wages and salaries have been raised. The increase in price must remain within the same range as the increase in costs. If the costs named in sentence one decline, the guest may demand a corresponding decrease in price by five percent.
  6. The hotel's invoices shall generally be due at the time of ordering by the customer; alternatively, payment can be secured by depositing a credit card. The hotel may, at its discretion, agree to payment not being made until check-out. In other cases, the hotel's invoices not showing a due date shall be payable, in cash and without any discount, within ten days of receipt of invoice.
  7. The hotel shall be entitled at any time to make accumulating receivables payable and due and to demand payment without undue delay. In the case of default of payment, the hotel shall be entitled to charge interest in the amount of five percent above the base interest rate, nine percent if the customer is an entrepreneur. The customer is at liberty to show that the hotel incurred no or much lesser damages; the hotel is at liberty to prove greater damages.
  8. If the customer is obliged to make payment within a certain time limit or by a certain contractual deadline, it may not, on expiry of such time limit or deadline, pay by credit card without assuming the costs incurred thereby by Estrel Hotel-Betriebs-GmbH.
  9. The customer may set-off or reduce a claim by the hotel only with a claim which is undisputed or decided with final, res judicata effect.

Section 4 Rescission of contract by customer (cancellation, annulment)

  1. Rescission of the hotel accommodation contract by the customer shall generally require the hotel’s written consent. If the customer is a natural person who concludes a contract (legal transaction) for a purpose that cannot be attributed primarily to his commercial or independent professional activity (as consumer), text form suffices for the hotel. If such consent is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractually agreed services. This shall not affect the customer's right of rescission resulting from a breach of duty for which the hotel is responsible.
  2. The hotel's consent shall not be necessary if the hotel and the customer have agreed in writing a date for rescission of contract and the customer exercises his right of rescission by notifying the hotel in writing within the agreed deadline. The right of rescission expires after this date. The decisive factor for a timely rescission of contract shall be receipt of the customer's declaration by the hotel.
  3. If the hotel does not give its consent, or if the right of rescission is not exercised in time, the hotel may, at its discretion, consolidate the damage caused and to be compensated by the customer into a lump sum. In such a case, the customer is obliged to pay 80% of the contractually agreed total amount.
  4. Unpredicted events, earthquakes, floods, fire, storms or explosions, power outages, embargoes, government restrictions, riots or protests, terrorist attacks, wars or other military actions, rebellions, vandalism, sabotage, epidemics, pandemics, accidents, strikes or lockouts, lack or failure of transportation facilities or other reasons, for which no party is responsible (collectively referred to as "force majeure") entitle the contractual partner / affiliated party to terminate the contractual relationship if the quality and condition of the rooms of the booked rooms or the services of the hotel are not only immaterially affected. In the event of a justified termination, the hotel will reimburse all deposits and / or advance payments made by the customer minus a loss compensation of 25% of the contractually agreed fee within thirty (30) calendar days after receipt of the termination. The customer has no right of withdrawal if booked rooms are not required due to the cancellation of an event.
  5. The customer is free to prove that no damage has been caused or that the damage caused to the hotel is lower than the required flat rate compensation fee.

Section 5 Rescission of contract on the part of the hotel

  1. The hotel is entitled to effect extraordinary cancellation or to terminate the contract without notice for a materially justifiable cause, specifically if:
  • force majeure or other circumstances for which the hotel is not responsible make it impossible for the contract to be fulfilled;
  • rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
  • the hotel has justified cause to believe that use of the hotel’s services might jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organisation;
  • there is a breach of Section 1 II.
2. The hotel shall notify the customer without delay if it wishes to exercise its right of rescission.
If the hotel justifiably withdraws from the contract, the customer shall have no claim to compensation.
In other respects, liability claims shall be restricted to three times the price of one reserved overnight stay.
 
Section 6 Room availability, delivery and return

  1. The customer does not acquire the right to be provided specific rooms unless these have been explicitly promised to him.
  2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability unless this has been explicitly promised to him by the hotel.
  3. Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date unless other explicit arrangements have been made. After this time, and in addition to any damages incurred as a result, the hotel may charge 50 percent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m.; after 6:00 p.m. it can charge 100 percent. The customer is at liberty to show the hotel that it incurred no or much lesser damages.

Section 7 Liability of the hotel

  1. The hotel shall be liable for its obligations under Section 2 III.
  2. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such disruptions or defects upon knowledge thereof or upon objection without undue delay by the customer. The customer is obligated to undertake whatever actions may be reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
  3. The hotel shall be liable to the customer for property brought in to the hotel in accordance with the statutory provisions of Sections 701 ff of the German Civil Code. These provisions limit liability to EUR 3,500.00 for cash, securities and valuables worth up to EUR 800.00. Cash, securities and valuables up to a maximum value of EUR 10,000.00 may be stored in the hotel safe.
  4. The hotel recommends that guests make use of this possibility. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction, or damage (Section 703 German Civil Code).
  5. With regard to unlimited liability of the hotel, statutory provisions shall apply.
  6. Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and for a fee forward such items (on request).
  7. Claims for damages shall be excluded in the case of Section 7 VI. This shall not apply to gross negligence or intention or to damages arising from injury to life, body or health caused by a breach of duty for which the hotel is responsible.

Section 8 Final provisions

  1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions should be made in writing. If the customer is a natural person who concludes a contract (legal transaction) for a purpose that cannot be attributed primarily to his commercial or independent professional activity (as consumer), text form suffices. Neither party can make claims on the basis of a diverging exercise of this provision. The hotel reserves the right to change or supplement the present General Terms and Conditions for the future. Unilateral amendments and supplements by the customer are not valid.
  2. The hotel is not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
  3. The courts at the location of the hotel's registered office shall have exclusive jurisdiction, including for disputes regarding cheques and bills of exchange. Insofar as a contracting party fulfils the requirements of Section 38 para. 1 of the German Code of Civil Procedure or does not have a general venue within the country, the courts at the location of the hotel’s registered office shall have jurisdiction.
  4. German law shall apply.
General Terms and Conditions of Business of K.M.C. Kommunikations- und Medien Center GmbH (K.M.C. GmbH)
Section 1 Scope of application

  1. The present terms and conditions of business shall apply to contracts for the rental use of conference, banquet, and event premises of K.M.C. GmbH and for the procurement of hotel rooms of Estrel Hotel-Betriebs-GmbH for events such as banquets, meetings, seminars, trade fairs, galas and sporting events etc., as well as to any other related services and goods of K.M.C. GmbH.
  2. Sending out invitations, subletting and re-letting the leased rooms or spaces, as well as the conducting of events of a commercial or sales nature shall require the prior written consent of K.M.C. GmbH.
  3. The general terms and conditions of K.M.C. GmbH's contracting partner shall apply only if this has been previously agreed in writing.
Section 2 Conclusion of contract and contractual liability

  1. The contract shall come into force upon acceptance of the application by K.M.C. GmbH. A party whose offer is accepted shall be deemed to be the contracting partner.
  2. If the contracting partner is not the party holding the event, or if he employs the services of a commercial agent or organiser, the contracting partner undertakes to provide, within fourteen days of signature of the contract concluded between K.M.C. GmbH and himself, a declaration of joinder from the party holding the event, the commercial agent or organiser. The contracting partner and the joining party shall be jointly and severally liable for all obligations arising from the contract. If the contracting partner does not submit a declaration of joinder, he bears sole liability for the performance of all contractual obligations.
  3. The liability of K.M.C. GmbH shall be limited to intentional or grossly negligent breaches of duty. In the case of slightly negligent violation of collateral duties under the contract or of intentional or grossly negligent breaches of duty by simple vicarious agents, liability shall be restricted to the amount of the contractually agreed rent.  This shall not affect liability for injury to life, body or health as well as data protection claims.
  4. The contracting partner and the parties having joined the contract assure that full disclosure has been made regarding the purpose, orientation and participants of the planned event. In the event of violations, the terms in section § 4 II b) of the General Terms and Conditions apply.
  5. The contracting partner and, if applicable, the parties having joined the contract undertake to release K.M.C. GmbH from the obligation to pay GEMA fees for the music performed in the leased premises and to pay such fees on their own account.
  6. The building owner's right to refuse entry, the supervisory authority and the duty to impose safety measures shall generally be incumbent upon K.M.C. GmbH. In addition, the contracting partner and the joining parties shall exercise these rights in connection with the event to be held and for the duration of the event. K.M.C. GmbH shall have the right to monitor deliveries of arriving or departing vehicles. The contracting partner and the joining party undertake to obtain their suppliers' consent to this measure.
  7. The contracting partner and the joining party undertake to secure the premises after conclusion of the event and to keep unclaimed objects.
Section 3 Services, prices, performance

  1. The contracting partner and the joining party are obligated to pay the contractually agreed prices. This also applies to services provided and payments made by K.M.C. GmbH to third parties in connection with the event.
  2. The contractually agreed prices are to be understood as being net of statutory value-added tax. If the period between conclusion of contract and the event itself exceeds four months, and if during this time the price generally charged by K.M.C. GmbH for these or similar services rises, the contractually agreed price may be adjusted to the increased price; it may not, however, be raised by more than ten percent.
  3. K.M.C. GmbH's invoices without due date shall be due for payment immediately and in full. In the event of delay or default in payment, K.M.C. GmbH shall be owed at least the legally permissible default interest rate. The contracting partner is at liberty to show that K.M.C. GmbH incurred a lesser damage; K.M.C. GmbH is free to prove a greater default damage.
  4. K.M.C. GmbH shall have the right to make conclusion of contract contingent upon payment of an advance. Unless otherwise contractually agreed, the advance payment amounting to 100 percent of the cost of making the premises available / rent for the premises shall be due for payment three months in advance. If the booking is made with a shorter time frame, payment shall be due upon conclusion of contract. Subject to any other contractual agreement, an amount equal to 50% of the calculated price for food and drinks or 50% of the agreed conference flat rate must be paid at least 14 days before the start of the event.
Section 4 Rescission of contract by K.M.C. GmbH

  1. K.M.C. GmbH shall have the right to withdraw from the contract in cases where performance of contract is made impossible by force majeure or by other circumstances for which K.M.C. GmbH is not responsible.
  2. K.M.C. GmbH shall also have the right to withdraw from the contract for materially justified reasons, specifically if
a) advance payment has not been made, even after a grace period set by K.M.C. GmbH has expired,
b) the application was accepted on the basis of misleading or false information regarding material facts in connection with the planned event,
c) there is justified cause to believe that the event might jeopardise the smooth operation, security or public reputation of K.M.C. GmbH.
 
III. K.M.C. GmbH shall notify the contracting partner and the joining party without delay and in writing of its decision to exercise its right of rescission.
IV. In the event of justified rescission of contract by K.M.C. GmbH, the contracting partner and/or joining party shall have no right to claim compensation.
 
Section 5 Rescission of contract by the contracting partner (cancellation)

  1. If the contracting partner is unable to use the rented premises in the agreed manner for reasons within his risk area, he shall remain obligated to pay the agreed rent and the services ordered.
  2. Unpredicted events, earthquakes, floods, fire, storms or explosions, power outages, embargoes, government restrictions, riots or protests, terrorist attacks, wars or other military actions, rebellions, vandalism, sabotage, epidemics, pandemics, accidents, strikes or lockouts, lack or failure of transportation facilities or other reasons, for which no party is responsible (collectively referred to as "force majeure") entitle the contractual partner / affiliated party to terminate the contractual relationship if the condition and location of the rented rooms or the services to be provided by K.M.C. GmbH are significantly affected. In the event of a justified termination, K.M.C. GmbH will refund within thirty (30) calendar days after receipt of the termination all down payments and/or advance payments made by the contractual partner minus a default compensation in the amount of 25% of the contractually agreed remuneration.
  3. If the case of hindrance, the contractual partner must notify K.M.C. GmbH of his rescission in writing no later than three months prior to the date of the event. As proof of compliance with the deadline, the receipt of the declaration of rescission by K.M.C. GmbH is decisive. The date of the receipt of the declaration of rescission determines the compensation for default to be paid. The default compensation is based in part of the contractually agreed upon rent and in part on the lost food turnover, amounting to at least 25% of the contractually agreed fee. The food turnover is calculated by multiplying the agreed menu price by the specified number of persons. In the absence of another agreement, a daily rate of € 50 per person will be charged for the catering and multiplied by the contractually agreed number of persons
  4. If a declaration of rescission is submitted, the contracting partner and, if applicable, the joining party shall pay the following amounts in compensation depending on the date of receipt of the declaration, provided that the contractually agreed function space area is less than 5000 square meters:
a) 50 percent of the contractually agreed rent if the declaration of rescission is received up to one year before the event,
b) 75 percent of the contractually agreed rent if the declaration of rescission is received up to eight months before the event,
c) 100 percent of the contractually agreed rent and 50 percent of the agreed revenue for food and beverages if the declaration of rescission is received up to six months before the event,
d) 100 percent of the contractually agreed rent and 75 percent of the agreed revenue for food and beverages if the declaration of rescission is received up to three months before the event.
e) If the declaration of rescission is received later, the total price as contractually agreed shall be due.
V. If a declaration of rescission is submitted, the contracting partner and, if applicable, the joining party shall pay the following amounts in compensation depending on the date of receipt of the declaration, provided that the contractually agreed function space area is 5000 square meters or more:
a) 50 percent of the contractually agreed rent if the declaration of rescission is received up to 18 months before the event,
b) 75 percent of the contractually agreed rent if the declaration of rescission is received up to 15 months before the event,
c) 100 percent of the contractually agreed rent if the declaration of rescission is received up to one year before the event,
d) 100 percent of the contractually agreed rent and 25 percent of the agreed revenue for food and beverages if the declaration of rescission is received up to 8 months before the event.
e) 100 percent of the contractually agreed rent and 50 percent of the agreed revenue for food and beverages if the declaration of rescission is received up to 6 months before the event.
f) 100 percent of the contractually agreed rent and 75 percent of the agreed revenue for food and beverages if the declaration of rescission is received up to 3 months before the event.  
g) If the declaration of rescission is received later, the total price as contractually agreed shall be due.

VI. The contracting partner and/or the joining party is/are at liberty to prove that K.M.C. GmbH incurred no damage or a lesser damage than the compensation as laid down herein
 
Section 6 Changes in the number of participants and/or the time of the event

  1. If the contractually agreed number of participants decreases by more than fifteen percent, K.M.C. GmbH shall have the right to claim compensation pursuant to Section 5 para. 3. Section 5 para. 4 and 5 shall apply accordingly.
  2. The final number of participants must be communicated in text form to the Convention & Event department of K.M.C. GmbH no later than 7 working days before the event date. This is considered as the basis for calculating the food turnover.
  3. If the actual number of participants is higher, the actual number of participants shall then be used as basis for the calculation.
  4. K.M.C. GmbH reserves the right to provide the holder of the event premises other than those contractually agreed for the event if these other premises are reasonably acceptable for the holder of the event.
  5. If the agreed start and finish times of the event are changed without prior written consent of K.M.C. GmbH, K.M.C. GmbH may charge the contracting partner and/or the joining party additional costs for making services available. This shall not apply if the change in schedule can be attributed to K.M.C. GmbH.
Section 7 Bringing in external food and beverages

The contracting partner / joining party may generally not bring food and beverages to the events. Exceptions shall require a written agreement with the Convention & Event department of K.M.C. GmbH. In these cases, an amount will be charged to cover overhead (cork fee).

Section 8 Technical set-up, equipment & connections / Technology

  1. The technology/technical equipment of K.M.C. GmbH is to be used on the premises of K.M.C. GmbH. Exceptions are only permitted with the prior written consent of K.M.C. GmbH. The contractual partner/joined party is obligated to comply with the technical guidelines of K.M.C. GmbH. Any deviation from the technical guidelines of K.M.C. GmbH requires their prior written consent.
  2. Insofar as K.M.C. GmbH is requested by the contracting partner to organise the provision by third parties of technical or other equipment, it is acting in the name, on behalf of and for account of the contracting partner.
  3. The contracting partner / joining party shall be liable for every violation of general obligations to exercise care and supervision for the duration of use of these objects and facilities. The contracting partner / joining party undertakes to duly return the objects and releases K.M.C. GmbH from any claims of third parties arising from their provision.
  4. The contracting partner / joining party may not use his own electric installations in K.M.C. GmbH's power supply network without written approval to do so. The contracting partner / joining party shall be liable for any disruption or damage caused to the technical installations and facilities of K.M.C. GmbH arising from the use of his equipment. This shall not apply if K.M.C. GmbH is responsible for the cause of the damage.
  5. K.M.C. GmbH shall have the right to calculate as a lump sum the costs of electricity incurred as a result of the use of equipment brought from outside and to invoice the contracting partner for these costs.
  6. The use of own telecommunications and internet media in the rooms rented by K.M.C. GmbH and/or the provision of such media via a third party assigned by the contractual partner / joining party requires the prior written consent of K.M.C. GmbH.
  7. If connection of the contracting partner's own equipment means that suitable equipment of K.M.C. GmbH is not used, K.M.C. GmbH shall have the right to charge an amount in compensation.
  8. If communication services (internet connections, telephone lines, etc.) are provided by third party providers, the service level and related connectivity delivered by the third party provider will pass to the contractual partner / joining party.
  9. Any malfunction of the technical equipment or other facilities provided by K.M.C. GmbH must be repaired immediately. If this is not possible, measures must be taken immediately to ensure that the malfunction is professionally eliminated.
  10. The use of externally technology/technical equipment (e.g. wireless microphones) must in all cases be approved by K.M.C. GmbH in advance and only permitted after written confirmation is granted by K.M.C. GmbH.
  11. Fees charged for the use of equipment are due for immediate payment. There shall be no right of retention or of reduction unless K.M.C. GmbH is responsible for the malfunctions.
  12. In order to ensure that parallel events can occur without disruption or interference, the contractual partner / affiliated party is required to request the necessary frequencies for the use of wireless microphones or other transmitting and receiving devices from the Event Technology Department of K.M.C. GmbH, specifying the number of transmitting and receiving devices and the desired frequencies. The use of any frequency range must be coordinated with K.M.C. GmbH and is only permitted after prior written approval is granted by K.M.C. GmbH. The frequencies are not allocated by K.M.C. GmbH, but by the competent, governing authority. K.M.C. GmbH only protects the frequency ranges it uses. The contracting partner / joining party shall have no legal claim to the use of these frequencies on the premises of the Estrel Hotel and Estrel Congress Center.
  13. In the event of overlaps with frequencies used by other tenants, the contracting partner will be assigned specific frequencies. The contracting partner / joining party acknowledges this allocation and undertakes to use only the frequencies assigned to him. In the event of infringements against this obligation, he shall be fully liable for all resulting damage and consequential damage.
Section 9 Losses or damage to material belonging to the contracting partner / joining party

  1. K.M.C. GmbH assumes no liability for any exhibits or other objects which the contracting partner / joining party may have brought to the hotel or to the leased premises for the event unless K.M.C. GmbH is to blame for intention or gross negligence regarding the loss, destruction or damage of these objects.
  2. The contracting partner / joining party undertakes to use only decoration material which complies with fire regulations. The technical guidelines of K.M.C. GmbH apply. K.M.C. GmbH shall have the right to demand official proof of such compliance which must be submit to K.M.C. GmbH the latest 7 business days prior to the start of the event. The installation and placement of objects in the hotel and/or the leased premises shall be coordinated with K.M.C. GmbH.
  3. The contracting partner / joining party undertakes to remove all brought in objects without delay at the end of the event. If the contracting partner / joining party fails to comply with this obligation, K.M.C. GmbH shall have the right to remove all objects from the premises where the event was held and have them stored at the expense of the contracting partner / joining party.
  4. If the objects remain in the premises where the event was held, K.M.C. GmbH shall have the right to charge rent for the premises until the objects are removed. The contracting partner / joining party is at liberty to show that K.M.C. GmbH incurred a lesser damage; K.M.C. GmbH is free to prove greater damage.
Section 10 Liability of the contracting partner / joining party
  1. The contracting partner / joining party shall be liable for all occurrences of damage caused to the buildings and/or inventory by visitors or persons taking part in the event, or by employees and/or other third parties if these third parties fall within the sphere of control or organisation of the contracting partner / joining party.
  2. K.M.C. GmbH shall have the right to demand that adequate collateral security be provided by the contracting partner (e.g. insurance policies, security deposits, guarantees) to cover its claims.
  3. The contracting partner / joining party is obligated to guarantee at his expense the safety and order of events with more than 400 participants. He shall for this purpose arrange for the event to be supervised by members of the fire brigade and by medical emergency personnel and to verify the presence of such persons prior to the commencement of the event
Section 11 Final provisions

  1. Individually concluded agreements deviating from the above rules must be in writing. If the customer is a natural person who concludes a contract (legal transaction) for a purpose that cannot be attributed primarily to his commercial or independent professional activity (as consumer), text form suffices. As a general rule, verbal agreements are non-binding.
  2. Amendments or additions to the proposal, the contract or these GENERAL terms and conditions require the text form. Verbal amendments or additions are non-binding. The cancellation of contracts must be in writing. If the customer is a natural person who concludes a contract (legal transaction) for a purpose that cannot be attributed primarily to his commercial or independent professional activity (as consumer), text form suffices. As a general rule, verbal agreements are non-binding. Text form suffices for the termination of the contract.
  3. K.M.C. GmbH is not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
  4. Place of performance and payment is the location of the registered office of K.M.C. GmbH.
  5. The courts at the location of the registered office of K.M.C. GmbH shall have exclusive jurisdiction with regard to commercial relations. Insofar as a contracting partner is a contracting party within the sense of Section 38 para. 1 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the registered office of K.M.C. GmbH shall have jurisdiction.
  6. German law shall apply exclusively.
General Terms and Conditions for the S.I.C. Stars in Concert GmbH

I. Scope of application

  1. S.I.C. Stars in Concert Veranstaltungs GmbH sells tickets for the show production "Stars in Concert" to agencies, resellers, corporate customers and individual customers.
  2. S.I.C. Stars in Concert Veranstaltungs GmbH also sells tickets for third party events, however, exclusively on behalf of and for account of the respective organizer.
  3. All legal transactions by S.I.C. Stars in Concert Veranstaltungs GmbH vis‑à‑vis all customers and suppliers are governed by the following Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB), unless differing provisions were expressly agreed in writing.

Differing terms and conditions on the part of the customer expressly do not apply.

  1. To the extent that the tickets are sold by Estrel Hotelbetriebs-GmbH, this party is exclusively acting as S.I.C.’s representative.
  2. Payments of / for event tickets are paid exclusively into the following escrow collection account that is administered by S.I.C. Stars in Concert Veranstaltungs GmbH, but does not belong to S.I.C.’s assets: Bank: Postbank Berlin, Bank Identification Code (Bankleitzahl): 10010010 Account no.: 694 022 100.

II. Purchase of tickets

  1. The customer purchases event tickets on his own behalf and for his own account.
  2. Tickets are booked as follows:

At the time of booking, an order number is issued and an option date is specified. Order number, option date and ticket price are confirmed vis-à-vis the client by phone, orally or in writing.

  1.  A claim to purchase and surrender of the tickets arises only and exclusively if by the option date the ticket price has been paid into the S.I.C. account or in cash.
  2. Possible claims to reductions must be asserted at the latest when booking the event tickets. Expressly, reductions of any type cannot be taken into consideration at a later time.
  3. Tickets that are not paid on time are no longer subject to the option, and can again be sold.
  4. Sold admission tickets cannot be returned or exchanged.
  5. If a show is cancelled, S.I.C. Stars in Concert Veranstaltungs GmbH exchanges the admission ticket for a ticket of the same price category for any other show, or reimburses the sales price against receipt of the admission ticket. The admission ticket must be exchanged or returned within two weeks of the cancelled show at the S.I.C. office. Further claims on the part of the customer are expressly barred.
  6. If a third party event is cancelled, all claims must be asserted against the organizer. In the case of the cancellation of the third party event, the advance booking fee and the ticket fee collected are not reimbursed, since the service, i.e. arranging the advance booking of the admission tickets, has been completely provided by S.I.C. Stars in Concert Veranstaltungs GmbH.
  7. With all reduced price tickets, S.I.C. Stars in Concert Veranstaltungs GmbH requires furnishing proof of appropriate eligibility prior to admission. If proof is not furnished, the difference between the price paid and the full ticket price must be paid prior to admission.

III. Event

  1. S.I.C. Stars in Concert Veranstaltungs GmbH reserves the right to alter the advertised cast.
  2. There is no admission after the event has started, with exceptions to be decided by the organizer.
  3. As a matter of principle, the orders of the staff must be followed unreservedly. The staff exercises the landlord’s authority (Hausrecht) on behalf of S.I.C. Veranstaltungs GmbH.
  4. The admission ticket loses its validity upon leaving the event location.
  5. Coats, umbrellas, canes, large bags and similar items must be stored at the cloakroom for a fee.
  6. At the event location, sound, photo, video and other recordings of any type are prohibited for copyright reasons. Recording equipment and cameras of any kind must be deposited at the cloakroom. In case of non-compliance, the local staff is entitled to seize recordings and cameras until the end of the event, and to exclude the person from the event. Films and recording materials of any kind, in which parts of the show are recorded, can be confiscated and stored by the organizer. They are handed back to the owner if he has agreed to prior deletion of the recordings.

IV. Sale via agencies and resellers

  1. Agencies are only entitled to sell tickets by order of S.I.C. Stars in Concert Veranstaltungs GmbH if they possess a valid contract. They are obliged to inform the customers about the valid S.I.C. Terms and Conditions and to distribute these.
  2. Payments of / for event tickets are paid exclusively into the following escrow collection account that is administered by S.I.C. Stars in Concert Veranstaltungs GmbH, but does not belong to S.I.C.’s assets: Bank: Postbank Berlin, Bank Identification Code (Bankleitzahl): 10010010, Account no.: 694 022 100.
  3. Agencies that do not have a valid contract place orders only on their own behalf. In case of orders by agencies, S.I.C. Stars in Concert Veranstaltungs GmbH can demand that the acceptance of the order is dependent on the provision of a security in the amount of 80 % of the order value.
  4. Exclusively, the Terms and Conditions of S.I.C. Stars in Concert Veranstaltungs GmbH apply; agreements on the part of the agencies with third parties to the contrary are neither transferable, nor are these accepted by S.I.C.

V. Ticket collection, shipment

  1. Paid tickets are sent to the customer by post, at his risk and upon his request. S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to charge a processing fee for shipping by mail.
  2. If the customer purchases the tickets in an agency, this agency’s office is the place of performance.
  3. Tickets reserved at the box office must be collected 30 minutes prior to the commencement of the show, stating the order number. S.I.C. is entitled to otherwise dispose of the tickets if they are not collected on time.

VI. Special bookings, exclusive shows

  1. In the case of special events, S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to claim advance payment in accordance with the respective contractual agreements.
  2. If the customer refuses to pay the advance payment even after an appropriate period of grace determined by S.I.C. Stars in Concert Veranstaltungs GmbH, S.I.C. GmbH is entitled to cancel the contract.
  3. Furthermore, S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to cancel the contract if:
  • force majeure or other circumstances or measures on the part of third parties make it impossible for S.I.C. Stars in Concert Veranstaltungs GmbH to fulfill the contract;
  • events are booked making misleading and / or wrong statements regarding significant matters of fact, e.g. the organizer or the purpose of the event;

S.I.C. Stars in Concert Veranstaltungs GmbH has cause to assume that the event can endanger its smooth operation of the business, its security or its public reputation.

S.I.C. Stars in Concert Veranstaltungs GmbH must inform the organizer about cancellation without delay.

In case of cancellation on the part of S.I.C. Stars in Concert Veranstaltungs GmbH for the reasons stated above, claims to damages on the part of the organizer vis-à-vis S.I.C. Stars in Concert Veranstaltungs GmbH are barred.

If the organizer or lessee for reasons that lie in his risk range does not make use of the event or the leased item as agreed, he remains obliged as a matter of principle to pay the agreed price. This also applies in cases in which partial performance was ordered.

If the organizer indicates the fact that he is hindered towards S.I.C. Stars in Concert Veranstaltungs GmbH, the following applies regarding the compensation for loss that is to be paid depending on the time of receipt of the notice on the part of S.I.C. Stars in Concert Veranstaltungs GmbH prior to the event’s official commencement:

Receipt of notice

  • up to one year prior to the event’s commencement: 50 % of the contractually agreed price
  • up to eight months prior to the event’s commencement: 75 % of the contractually agreed price
  • up to six months prior to the event’s commencement: 100 % of the contractually agreed price

VII. Payments

  1. All payments must be paid directly to S.I.C. Stars in Concert Veranstaltungs GmbH. S.I.C. Stars in Concert Veranstaltungs GmbH collects the payments on its own behalf.
  2. Agencies are only entitled to collect on trust the ticket price agreed with S.I.C. Stars in Concert Veranstaltungs GmbH. The agency is obliged to keep the sum held in trust separated from its own assets, and to present it to S.I.C. Veranstaltungs GmbH upon request.
  3. Payments occur in cash or by transfer; in the case of payments by direct debit (Lastschrift) or collection only check, the payment is only considered completed when the amount is definitively credited on the account of S.I.C. Stars in Concert Veranstaltungs GmbH.
  4. Invoices are payable within a period of ten days of date of invoice, also in cases in which a payment period is not specified. Invoices are paid at the time when the unrestricted credit entry occurs in the account of S.I.C. Stars in Concert Veranstaltungs GmbH.
  5. The event tickets and the change must be verified immediately upon receipt. Later claims will not be accepted.


VIII. Payment transactions

  1. In the case of payment delays, S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to assert claims to interest in the amount of 5 % above the base rate of the European Central Bank. Payments that do not occur in due time give rise to a flat reminder charge in the amount of additional 10.00 EUR; whereas the debtor is free to prove lower reminder costs.
  2. S.I.C. Stars in Concert Veranstaltungs GmbH reserves the right to exclude customers or agencies from acquiring tickets. Reasons for such exclusion are, among others, delay in payment or errors in holding in trust the ticket proceeds.
  3. S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to cancel the contract due to a valid reason, if due to force majeure or due to other circumstances for which S.I.C. is not responsible the fulfillment of the contract is not feasible in consideration of the mutual interests. In this case, section II, subsection 7 of these Terms and Conditions correspondingly applies.

IX. Liability, damages

  1. S.I.C. Stars in Concert Veranstaltungs GmbH is liable only in cases of intent and gross negligence, to the extent that in accordance with the law a primary liability or a vicarious liability for agents can come into question.
  2. In the case of claims for damages that arise in the context of the event "Stars in Concert" and for which S.I.C. Stars in Concert Veranstaltungs GmbH is liable pursuant to section 1, the liability on the part of S.I.C. Stars in Concert Veranstaltungs GmbH for damages to property is limited to 10,000.00 EUR.
  3. Claims for damages on the part of the customer against S.I.C. Stars in Concert Veranstaltungs GmbH due to breach of major contractual obligations, due to positive breach of contract, due to fault at the time of conclusion of contract or possible impermissible acts in the context of these occurrences are prohibited, unless they are caused by intent or gross negligence on the part of the legal representatives, or senior executives. In the case of infeasibility, delay and possible impermissible acts in the context of occurrences, the claim is limited to compensation for the damage that was foreseeable at the time of ticket purchase.
  4. Participation in events occurs at one’s own risk. As a matter of principle, S.I.C. Stars in Concert Veranstaltungs GmbH is therefore not liable for physical damages caused by participation in the event, in particular for damages to hearing or other physical damages caused by loudness.
  5. As a matter of principle, S.I.C. Stars in Concert Veranstaltungs GmbH is not liable for the correctness of information – in particular also not for the information provided by the agencies.

X. Final provisions

  1. Place of performance and place of payment is the location of the principal offices of S.I.C. Stars in Concert Veranstaltungs GmbH.
  2. The exclusive place of jurisdiction, also for disputes in the context of checks and bills of exchange, in the ordinary course of business is the location of the principal offices of S.I.C. Stars in Concert Veranstaltungs GmbH.
  3. To the extent that a contractual partner fulfills the prerequisites of § 38 subsection 1 of the ZPO (Zivilprozessordnung, German Code of Civil Procedure) and does not possess a general place of jurisdiction within Germany, the place of jurisdiction is the location of the principal office of S.I.C. Stars in Concert Veranstaltungs GmbH.
  4. German law applies.
  5. Should individual provisions of these Terms and Conditions be invalid or void, the validity of the other provisions remains unaffected. Incidentally, the legal provisions apply.