General Terms and Conditions
Status: August 2021
I.1 These General Terms and Conditions shall apply to all contracts concluded with LEBC UG haftungsbeschränkt (hereinafter referred to as LEBC). Terms and conditions other than those of the LEBC shall not become part of the contract, even if the LEBC does not expressly object to them.
I.2 Prices may be modified after the conclusion of the contract if the period between the conclusion of the contract and the provision of the service exceeds four months. In this case, a corresponding price increase is permissible if the statutory value added tax is increased or cost increases have occurred in the conference room operation and organization. If the price increase amounts to more than 5% of the agreed price, the contractual partner is entitled to withdraw from the contract.
I.3 Reservations are binding for both contracting parties. The contract cannot be cancelled unilaterally. Cancellation can only take place with the agreement of the LEBC and in consideration of the regulations in section I.8. of these GTC. Special agreements are possible. These must be recorded in writing in the contract.
I.4 The LEBC is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
I.5 Subletting or reletting of the LEBC as well as its use for purposes other than events require the prior written consent of the LEBC.
I.6 If the orderer is not simultaneously the organizer or if he orders at the expense of another, both shall be liable as joint and several debtors.
I.7 Invoices are generally due after 14 calendar days and without deduction of discount. In case of default of payment, LEBC shall be entitled to charge default interest in the amount of 5% or 8% above the base interest rate applicable on the due date, unless default damages in a different amount are proven. The contractual partner may only offset counterclaims against LEBC to the extent that his claims are undisputed or have been legally established. Delay in payment of even one invoice entitles the LEBC to stop all further and future services for the customer or to make them dependent on an advance payment in the amount of 100%. The LEBC shall decide on this without notice. In the case of a total reservation exceeding 2000 Euros, the LEBC reserves the right to demand an advance payment in the amount of 50 % of the ordered services, if the customer is domiciled or has his company headquarters abroad, in the amount of 100 % of the ordered services. This amount is due 14 calendar days prior to construction.
I.8. if a customer does not accept contractual services ordered or reserved in advance, he remains obliged to pay the agreed price in the following amount:
- in case of cancellation in the period from 42nd to 31st calendar day before the agreed service period, 10% of the ordered services,
- in case of cancellation in the period from 30th to 9th calendar day before the agreed service period, 50% of the ordered services,
- in case of cancellation in the period from the 8th calendar day to the agreed service point, 80% of the ordered services will be charged,
- in case of cancellation on the day of arrival or no-show, 100% of the ordered services will be charged. related to the agreed price of the ordered services.
Cancellation fees will be reduced by the amount of lodging that can be obtained by subletting the LEBC on the ordered date. If the ordered service is divisible and only a part of the service is not accepted, the cancellation fees shall be due in accordance with the gradation of the preceding paragraph on the basis of the amount of the ordered service attributable to this part of the service. Proof of higher saved expenses by the contractual partner shall remain unaffected by the above provisions.
I.9 Objects or materials left in generally accessible rooms of the LEBC shall not be deemed to have been brought in if they have not been expressly taken into custody by a person authorized to do so. The LEBC accepts no liability for valuables such as jewelry, jackets, electronic devices and money.
I.10. Smoking is prohibited in the event and conference rooms, in the stairwell and in the hallway.
I.11. If a contractual partner endangers the business operations or safety of the LEBC or its participants, the LEBC may withdraw from the contract. This also applies in the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances, if this makes the performance of the LEBC impossible, unreasonable or of no interest to the contractual partner.
I.12. The contractual liability of the LEBC for defects existing at the time of conclusion of the contract which did not occur as a result of a circumstance for which the LEBC is responsible is excluded.
I.13. The LEBC shall only be obliged to compensate for damages – irrespective of the legal grounds – insofar as
- the damage is due to gross negligence or intent on the part of Studio LE or the absence of warranted characteristics; or
- the LEBC culpably violates an essential contractual obligation in a manner that endangers the purpose of the contract; or
- the damage is due to a case of delay or impossibility for which the LEBC is responsible; or
- the damage can be covered by an insurance policy which the LEBC has taken out or could reasonably have taken out; or
- the damage is a typical risk to life or health.
In case of breach of essential contractual obligations, delay or impossibility, the LEBC shall only be liable for foreseeable and direct damages, unless the LEBC is guilty of intent or gross negligence. Insofar as claims for damages are excluded or limited according to the above paragraphs, this exclusion or limitation shall also include claims in tort as well as claims against employees and vicarious agents of the LEBC. Liability for objects brought in remains unaffected by the above provisions. Further details are regulated in section I.9 of these GTC.
I.14. Insofar as a parking space is made available to the contractual partner or the participants on a LEBC parking lot, even for a fee, this does not constitute a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the property and their contents, LEBC shall not be liable unless LEBC is responsible for intent or gross negligence. This also applies to vicarious agents of the LEBC.
I.15. The contractual partner is obligated to notify LEBC of any defects immediately, at the latest upon departure. Claims of the contractual partner must be asserted in writing against the LEBC within one month after the contractually stipulated termination of the service provision. Claims of the contractual partner shall become statute-barred after six months. The limitation period shall commence on the calendar day on which the provision of services was to be terminated in accordance with the contract.
I.16. The place of jurisdiction for all disputes arising between the parties from the contractual relationship is Markranstädt. The law of the Federal Republic of Germany shall apply.
I.17. No verbal or written collateral agreements have been made. Amendments or supplements must be made in writing to be legally effective. The same applies to the waiver of the written form requirement.
I.18. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the legal validity of the remaining contents of the contract. The two contracting parties undertake to replace the legally invalid provision with a legally valid provision that comes as close as possible to the economic purpose and the analogous content of the invalid provision. In all other respects, the statutory provisions shall apply.
Terms and Conditions Events
II.1 Reservations for events shall only become binding for the LEBC when the organizer signs the order confirmation sent to him by the hotel and this is received by the LEBC within the set period of time and the advance payment of at least 30%, if required, has been made. Section I.8. of these General Terms and Conditions shall apply accordingly to cancellations. In the event of a cancellation, the advance payment will be offset against the cancellation fees.
II.2 In the event of cancellation of the LEBC with consumption, the provision costs shall be paid as a lump-sum lost profit, unless the client proves that a lost profit was not incurred in the lump-sum amount. The calculation shall be based on the expected turnover, whereby the order confirmation shall be decisive. Section I. 8 of these General Terms and Conditions shall apply analogously.
II.3 The rental price is based on the number of participants agreed in the order confirmation. Exceeding the number of participants upwards compared to the guaranteed number will be accepted by LEBC up to a maximum of 5%, which insofar guarantees a smooth running of the event subject to additional costs. Exceeding the guaranteed number of participants requires prior agreement with the LEBC. If the number of participants is exceeded, the actual number of participants will be used as the basis for invoicing.
II.5 The LEBC reserves the right to make changes to the room, insofar as this is reasonable for the organizer, taking into account the interests of the LEBC.
II.6 The organizer may bring his own food and beverages to the events if they are not part of the event and serve demonstration purposes. In special cases (national specialties, kosher food, etc.), a deviating agreement may be made in writing.
II.7 A request for changes on the day of the event with regard to furnishings, equipment and seating can only be complied with if an agreement has been reached on the costs involved.
II.8 The attachment of decorative material or other objects is prohibited without the prior written consent of LEBC. The organizer shall be liable for any damage to the furnishings or inventory caused during set-up or dismantling, as well as during the event by event participants or visitors, employees, other third parties from his area or himself and for which the LEBC is not responsible. The same applies to the loss of property belonging to the LEBC. The organizer is recommended to take out insurance for damages for which the LEBC is not responsible.
II.9 The client is responsible for any necessary insurance of exhibits or decoration items brought in. The LEBC shall be liable for such items in accordance with the principles of gratuitous safekeeping pursuant to Section 690 of the German Civil Code (BGB). Accordingly, the LEBC shall only be liable for the care that it is accustomed to apply in its own affairs.
II.10. Should malfunctions or defects occur in the technical or other equipment provided to the LEBC, the LEBC shall immediately take remedial action. A withholding or reduction of payment cannot be derived from this. Insofar as the LEBC procures technical or other equipment from third parties for the organizer, it shall act on behalf and for the account of the organizer. The organizer shall be liable for the careful handling and proper return of these items and shall indemnify the LEBC against all claims of third parties arising from the provision of these items.
II.11. If music is used as part of the event, the organizer shall register the event with GEMA if necessary. The LEBC shall be indemnified by the organizer with regard to all claims arising from the unauthorized use of the rights of GEMA or third parties.
II.12. If the start or end time of the event is postponed without the prior written consent of the LEBC, the LEBC may charge for any additional costs incurred for the readiness to perform, unless the LEBC is responsible for this circumstance.
II.13. The publication of the name of the LEBC and Studio LE, Leipzig, in which the event takes place, is only permitted if a representative of the LEBC agrees in writing. Excluded from this is the publication of the event name for the purpose of indicating the event location and any directions, provided that it is not a publication in media that are accessible to an unlimited number of persons and provided that the LEBC and Studio LE are not particularly emphasized in relation to the remaining text.
II.14. If, in the context of events, the organizer is a political, religious or ideological group, the effectiveness of the contract additionally requires the approval of the management of the LEBC until such time as the contract is suspended. If the approval of the management is not granted even afterwards, the contract shall be invalid and the LEBC shall be entitled to refuse performance. In this case, the organizer is obligated to reimburse all expenses incurred by the LEBC in reliance on the validity of the contract.
II.15. The marked emergency exits may not be obstructed or restricted.