1. General information
1.1 These General Terms and Conditions govern the transfer
of use of the conference rooms listed below, including furniture and other
furnishings, by Fraport AG, Frankfurt Airport Services Worldwide [hereinafter
referred to as "Fraport"] to the contractual partner(s)
[hereinafter referred to as "User" or "Interested User"]
for a fee.
1.2 The conference rooms [hereinafter: "Premises"]
are located in the Fraport Conference Centre (building "Frankfurt Airport
Center 1") on the premises of Frankfurt Airport (Hugo-Eckener-Ring 1,
60547 Frankfurt am Main).
1.3 The purpose of making these premises available is the
organisation of events and conferences by the users.
1.4 Unless expressly stated otherwise below, these General
Terms and Conditions shall apply to all services between the contracting
parties in connection with the transfer of use.
1.5 Deviating provisions, including those contained in the
General Terms and Conditions of the contractual partner, shall not apply, even
if Fraport is aware of them and Fraport does not expressly object to them.
2. Conclusion of contract
2.1 The prospective user submits a booking enquiry to
Fraport regarding the rental of the premises.
2.2 Booking enquiries can be made by telephone (+ 49 69 690-70500), by e-mail (fracc-reservierung@fraport.de) or via the online booking enquiry
2.3 By submitting the booking enquiry, the prospective
user submits a binding request for Fraport AG to submit an offer to conclude a
corresponding rental agreement for the temporary rental of the premises for a
fee.
2.4 Fraport will send the prospective user an offer in the
form of a reservation confirmation for the requested premises and the associated
contractual conditions.
2.5 Acceptance of the offer and therefore the rental
agreement is concluded when the prospective user signs and returns the
reservation confirmation.
2.6 If the user does not intend to use the premises
himself or for his own purposes, this shall constitute a subletting to the
actual user. Such subletting is only permitted with the prior written consent of
Fraport.
3. Subject matter of the contract
3.1 The rooms available for hire, the associated equipment,
furnishings, basic equipment and optional equipment can be found on the Fraport
Conference Centre website.
Rooms Conference Centre: Rooms (fraport-conference-center.de)
Optional bookable equipment: Equipment (fraport-conference-center.de)
3.2 Fraport shall provide the user with the rented
premises, including the booked equipment, in proper condition, i.e. in a
condition that can be used in accordance with the contract, for the duration of
the transfer of use.
3.3 Fraport reserves the right to provide the user with
premises other than those specified in the reservation confirmation if this is
necessary for good cause. An important reason in the aforementioned sense is,
in particular, a defect in the premises originally provided for in the
reservation confirmation that needs to be remedied or the fulfilment of
Fraport's obligation to provide premises for press work in the event of an
emergency at or in connection with the operation of Frankfurt Airport.
3.4 The room provided as a replacement should be
comparable to the originally booked room in terms of size, capacity and booked
and usable equipment.
3.5 The user is obliged to check the premises, including
the booked equipment, for conformity with the contract at the time of handover.
If the user does not raise any objections to the proper condition with Fraport
by this time, the premises including the booked equipment shall be deemed to
have been accepted in conformity with the contract.
3.6 The contractual condition of the premises must be
documented in a written handover protocol at the request of one party, which
may be unilateral.
3.7 Once the premises, including the booked equipment,
have been handed over to the user, subsequent complaints regarding the
condition of the premises in accordance with the contract can no longer be
asserted. This does not apply to defects fraudulently concealed by Fraport.
3.8 The user is not authorised to exceed the permitted
number of persons stated in the reservation confirmation. If it is foreseeable
that the number of persons will be exceeded, the user must notify Fraport
immediately.
3.9 Fraport is authorised to close the premises if the
intended, permissible number of persons is exceeded.
3.10 Fraport is also entitled to close the rented premises
at any time if there is a risk to safety and order due to excess capacity or
use contrary to the contract.
3.11 Claims for damages by the user against Fraport due to
the aforementioned closure or prohibition of use (Sections 3.9, 3.10) of the
premises are excluded under all circumstances.
3.12 Fraport may request a joint inspection of the premises
at any time before the start, during and after the end of the transfer of use
in order to determine the condition of the premises, including the furnishings,
furniture and booked equipment.
4. Rent and terms of payment
4.1 The usage fee ["rent"] stated in the
reservation confirmation is decisive.
4.2 The rent shown is a total fee (plus VAT at the statutory rate) and includes the costs of air conditioning,
general room lighting, standard cleaning and use of the conference equipment shown as free
of charge in the booking confirmation.
4.3 In addition, Fraport will issue the user with a total
invoice. In addition to the above-mentioned rent, this also includes the costs
for any additional services utilized by the user, plus VAT at the statutory
rate.
4.4 Additional services within the meaning of Clause 4.3 are
the possible use of the conference technology shown as chargeable in the
reservation confirmation, other optionally bookable equipment and catering
services (Clause 9 of these Terms and Conditions).
4.5 The invoice amount of the total settlement is due
without deduction no later than 10 days after the invoice date. Furthermore,
unless expressly agreed otherwise, Fraport may at any time demand advance
payment from the user up to the amount of the expected invoice amount. The
total invoice will be sent by post and will only be sent by e-mail if a written
declaration of consent is signed in advance.
4.6 If the agreed period of use is exceeded, an additional
charge will be made for each additional hour commenced in accordance with the
then valid price list.
4.7 The current prices for the rooms and the associated and
bookable equipment are available at Rooms (fraport-conference-center.de) and can be found
in the reservation confirmation.
4.8 If payment of the total amount, i.e. rent and costs
for additional services - plus VAT at the statutory rate in each case - is not
made on time within the meaning of section 4.5 of these terms and conditions,
the user shall be in statutory debtor's default without the need for a separate
reminder.
4.9 In the event of default, Fraport shall be entitled to
claim statutory default interest. Further claims for damages by Fraport due to
the User's default in payment shall remain unaffected.
5. Withdrawal and cancellation
5.1 The rental of the premises is a contract for the
provision of services in connection with leisure activities on a specific date
or period within the meaning of Section 312g (2) No. 9 BGB. In this respect,
the user has no statutory right of cancellation - irrespective of any consumer
status. Instead,
the following cancellation conditions apply.
5.2 If the use of the premises is not utilized for reasons
for which the user is responsible, the user shall nevertheless remain obliged
to pay the contractually agreed usage fee.
5.3 If the use of the premises is canceled within the following deadlines, the user's
payment obligation under clause 4 shall be reduced Cancellation fees for room rental and technical equipment
up to 30 working days - 10% (from signing up to 30 working days before the event)
up to 15 working days - 50% (15 to 29 working days before the event)
up to 3 working days before the event - 75% (3 to 14 working days before the event)
less than 3 working days - 100% (day of the event up to 2 working days before the event)
of the contractually agreed total rent excluding catering services (see point 9.4).
Working days: “Reservation opening hours” = Monday to Friday from 9:00 a.m. to 5:00 p.m. (excluding Hessian public holidays)
5.4 The cancellation must be made in writing. The
timeliness of the cancellation shall be determined by the time of receipt of
the declaration by Fraport.
5.5 Fraport is entitled to withdraw from the contract for
good cause or to terminate the contract without notice without any obligation
to pay compensation. Good cause exists in particular
• if the user violates the provisions of the contract or
these General Terms and Conditions;
• the intended use would disturb public safety and order
or
• damage to Fraport's reputation is to be feared.
• the premises cannot be made available due to force
majeure.
• the premises cannot be made available or must be
vacated due to a press conference to be organized due to a disaster at the
airport.
5.6 Fraport must notify the user of cancellation and
termination without notice in writing without delay.
5.7 If the transfer of use cannot take place as planned
for one of the reasons stated in Section 5.4 or for similarly important
reasons, each contracting party shall bear its own costs, expenses and
disbursements incurred up to that point. Claims for compensation by the user
against Fraport in this regard are excluded.
6. Force majeure
6.1 Fraport shall be released from the obligation to
provide utilization if the service is impossible due to force majeure,
evacuation measures or similar unforeseeable events or is unreasonable taking
into account the circumstances of the individual case.
6.2 A similar unforeseeable event is any circumstance that
is beyond Fraport's control and could not have been avoided or foreseen even if
reasonable and foresighted care had been exercised.
6.3 Fraport shall inform the user as soon as possible of
the occurrence of an event of force majeure or a similar unforeseeable event,
stating the specific reason, and shall inform the user of the extent to which
this affects the fulfilment of the contract for the transfer of use.
6.4 Claims of the user for damages due to non-fulfilment,
in particular damages due to loss of profit, are excluded if the non-fulfilment
is based on one of the mentioned events (clauses 6.1, 6.2).
6.5 Each contracting party shall bear any futile expenses
resulting from the disruption of performance as well as any costs and expenses
incurred up to that point.
7. Utilisation
7.1 For the duration of the transfer of use, the user is
entitled to exclusive use of the contractually agreed premises. The provisions
in sections 3.9, 3.11 and 3.12 remain unaffected.
7.2 The user is authorized to use the premises, including
fixtures, furnishings and booked equipment, only within the scope of the
contractual purpose of use. Any use deviating from the contractually intended
use requires the prior written consent of Fraport.
7.3 Without Fraport's prior written consent, the user is
not authorized to engage in commercial activities within the scope of the
transfer of use or to permit third parties to use the rented premises for
commercial purposes.
7.4 The construction, realization and dismantling of
events in the course of the transfer of use by the user must be carried out in
close coordination with Fraport.
7.5 In doing so, the user must comply with the applicable
legal provisions. These include, in particular, the provisions of the Hessian
Directive on the Construction and Operation of Places of Assembly (Hessian
Directive on Places of Assembly -H-VStättR-), the State Building Regulations,
the Occupational Health and Safety Act, the Working Hours Act, the Sunday and
Public Holidays Act, the Non-Smoking Protection Act, the noise regulations
under immission control law, the Trade Regulations, the Youth Protection Act,
the Accident Protection Act, accident prevention and fire protection
regulations as well as the General Airport Regulations and the Airport User
Regulations. The applicable and relevant provisions can be viewed and accessed
on the Fraport AG website under Guidelines and Terms of Payment (fraport.com).
7.6 The user must - where necessary - fulfil all official
and statutory reporting and notification obligations for the intended use of
the premises, obtain any necessary permits and comply with official orders,
requirements and regulations.
7.7 If the user violates the mentioned reporting,
notification and application obligations, Fraport may assert claims against the
user for the resulting damages.
7.8 If the user violates the mentioned reporting,
notification and application obligations, Fraport is entitled to cancel the
event or prohibit the intended use. Claims for compensation by the user against
Fraport in this regard are excluded.
7.9 The user must treat the premises with care and ensure
that he or participants in his event do not cause any disruptions that impair
the business operations of the airport or associated facilities. In the event
of non-compliance, Fraport is authorized to exercise its statutory domiciliary
rights.
7.10 The domiciliary right includes the right to issue
instructions to the user to carry out or refrain from certain actions that are
suitable for averting impairment and to instruct third parties to carry out
such actions.
7.11 The user is obliged to grant Fraport and third parties
authorized by Fraport access to the premises at any time if there is reason to
assume that the user is using the premises in breach of the contract or is
neglecting its duties of care and transport to such an extent that it can be
assumed that Fraport's legitimate interests - in particular with regard to the
building or security - are being impaired.
7.12 Smoking is prohibited in the rented premises and in
the entire building. The user must ensure that the smoking ban is respected by
all persons entering the premises.
7.13 The use of seating, furnishings, lighting equipment
and other structures on the premises is governed by the agreements in the contract.
Changes require the prior written consent of Fraport. The user is not entitled
to such consent. The user is aware that the seating and designation of escape
and rescue routes must be in accordance with official authorizations and may
not be changed by the user for safety reasons.
7.14 The use of electrical systems or other equipment of
the user or a third party commissioned by the user using Fraport's electricity
network to an extent exceeding the usual contractual purpose requires the prior
written consent of Fraport. The user is not entitled to such consent. Any
disruptions or damage to Fraport's property resulting from the use of such
equipment shall be borne by the user, unless the user is not responsible for
such disruptions or damage. The user is authorized to use his own telephone,
fax and data transmission equipment (only) with prior written consent.
7.15 The user must accept the background noise generated in
the circulation areas, by public traffic, announcements or noise resulting from
the intended operation of the airport (e.g. aircraft noise). Fraport is not
liable for any resulting impairment of the use of the premises.
7.16 The user and visitors to the premises must follow the
instructions of the airport security services. In all other respects, the user
is responsible for compliance with the Airport User Regulations and other
provisions set out in Section 7.5 by every user/visitor to the rented premises.
7.17 The user is not authorized to carry out any actions
that could result in damage to the substance of the premises (e.g. through
nails, screws, drilling and gluing), the furnishings, the furniture or the
booked equipment.
7.18 The user is obliged to return the premises in a swept
clean condition at the end of the period of use. The user must completely
remove any items brought in before returning the premises. This also applies to
items brought in by third parties on behalf of the user. If the user fails to
fulfil this obligation after setting an appropriate grace period, Fraport is
entitled to have the premises cleaned and the items removed and stored at the
user's expense.
8. Decoration; advertising measures; signage
8.1 The user must agree any items to be brought into the
premises with Fraport by the time they are handed over at the latest and notify
Fraport in writing.
8.2 The installation of decorative material or similar
must be agreed with Fraport in advance and is only permitted with the user's
written consent.
8.3 If the user wishes to erect signs, he is obliged to
agree this with Fraport in advance. Any signage agreed to be permissible
thereafter shall be at the user's own initiative and expense.
8.4 Furthermore, the user is not permitted to place
advertising signs and/or posters on the premises, the fencing around the
premises or Fraport's facilities. In the event of an offence by the user or
persons used by the user, Fraport is entitled to remove the objects itself or
have them removed by third parties at the user's expense after a request for
removal has expired without result.
8.5 All objects, decorations and signage brought in by the
user must comply with the applicable fire safety regulations.
8.6 At the request of Fraport, the user is obliged to prove
that all items brought in comply with the fire protection requirements
according to DIN 4102 (minimum requirement according to classification "B
4102 (B1)"). In case of doubt, confirmation from the responsible fire
protection officer must be submitted.
8.7 In all other respects, the fire protection, safety and
utilization regulations available under Guidelines and Terms of Payment (fraport.com) apply in particular.
9. Catering support
9.1 Fraport offers the user various - optionally bookable
- catering services for the duration of the period of use.
9.2 The optional catering offers are available at Catering (fraport-conference-center.de).
9.3 The booking of a catering service offer from ‘Airport
Cater Service GmbH’ by the user is made by concluding the overall contract with
Fraport AG.
9.4 If the catering booking is cancelled within the
following deadlines, the user's payment obligation shall be reduced as follows:
up to 4 working days before the start of the event free of charge (from signing up to 4 working days before the event)
up to 3 working days before the start of the event 75% (1 to 3 working days before the event)
100% on the day of the event
Working days: “Reservation opening hours” = Monday to Friday from 9:00 a.m. to 5:00 p.m. (excluding Hessian public holidays)
9.5 Catering by companies other than the mentioned
catering company is only permitted in exceptional cases and with the prior
written consent of Fraport.
9.6 Furthermore, the user is only permitted to provide
their own food and beverages centrally that go beyond individual personal
self-catering with the prior written consent of Fraport. This also applies to
catering deliveries from third-party providers, provided these are not already
subject to Section 9.4.
10. Ownership, copyright and other rights
10.1 Recordings of events for radio, television, video and
film purposes as well as broadcasts on the Internet are generally only
permitted with the prior written consent of Fraport. The
user is not entitled to consent.
10.2 The user shall irrevocably indemnify Fraport against
all claims arising from the user's violation of third-party rights or statutory
provisions with regard to the event or related advertising measures. The
indemnification obligation also extends to any reasonable costs incurred for
warning letters, court costs and legal proceedings.
10.3 The user is obliged to state unequivocally in all
publications that he is the user or organiser and that Fraport is - merely -
the operator of the premises.
10.4 The use of Fraport's word and figurative marks
requires the prior written consent of Fraport. There is no entitlement
to consent.
11. GEMA
11.1 The timely registration of GEMA-liable works with GEMA
and the timely payment of GEMA fees are the sole responsibility of the user.
11.2 If necessary, Fraport may require the user to provide
written proof of registration of the event with GEMA, written proof of payment
of GEMA fees and/or written proof of invoicing by GEMA to the user.
12. Artists' and social security fund
In the case of engagements of artists, payments to the
artists' and social security fund are the sole obligation of the user. Fraport
may demand that the user submit corresponding proof.
13. Liability
13.1 In accordance with the statutory provisions, the user
shall be liable for damage to property and personal injury, including any
consequential damage (financial loss), caused by him, his representatives or authorized
agents, by visitors or by the respective user in the event of subletting.
13.2 The user hereby indemnifies Fraport against all claims
for damages that are asserted or may be asserted in the future by third parties
in connection with the utilization of the premises.
13.3 Fraport assumes no liability whatsoever for persons
travelling on the premises of Frankfurt Airport, unless Fraport is legally
liable as the operator of the airport.
13.4 Fraport is liable without limitation for property damage and financial loss in cases of
intent and gross negligence. Otherwise, Fraport shall only be liable in the
event of culpable breach of such obligations, the fulfilment of which is
essential for the proper performance of the contract and on the observance of
which the customer may regularly rely,
whereby liability is limited to compensation for foreseeable damage typical of the
contract. Damage of a maximum of 5,000 euros shall be deemed typical for the
contract and foreseeable. Liability under the Product Liability Act remains
unaffected, as does liability under statutory provisions that provide for
liability even in the absence of fault.
13.5 In the event of culpable damage to the contractual
objects, the premises, the site fencing and other facilities on the premises of
Frankfurt Airport attributable to Fraport by the user or persons within the
user's sphere of influence, such as participants, visitors, vicarious agents,
employees or agents, the user is obliged to compensate Fraport for the resulting
damage. The statutory exculpation pursuant to Section 831 (1) sentence 2 BGB is
excluded.
13.6 The contractual user is also the organizer in the
legal sense for events held in the rented premises. The user shall be solely
responsible for claims for compensation due to the absence of official or other
necessary authorizations and compliance with statutory regulations. In this
respect, the user shall indemnify Fraport against any third-party claims.
13.7 Exhibits or other items brought into the premises are
at the user's own risk. Fraport accepts no liability for valuables, cash,
wardrobe and other items brought in by the user, any subtenants, other third
parties or visitors.
13.8 The user shall be solely responsible for guarding and
supervising the premises and the items and equipment brought in during the
entire period of use.
13.9 Fraport shall only be liable in the event of failure
of any facilities, operational disruptions or other events affecting the
transfer of use if it can be proven that these events were caused by Fraport or
its vicarious agents intentionally or through gross negligence.
13.10 The user is obliged to vacate the premises at the end
of the period of use and to return all associated equipment in its original,
proper condition and swept clean (see Section 7.18). If the premises, including
fixtures, furnishings and booked equipment, do not correspond to the
contractually agreed condition upon return at the end of the transfer of use, Fraport
is entitled to carry out the necessary clearing or repair work itself or have
it carried out. Any resulting costs shall be borne solely by the user.
13.11 The user is liable to Fraport for any loss of use
resulting from damage within the meaning of Section 13.10 and its necessary
rectification.
13.12 For the duration of the transfer of use, the user
shall be responsible for public safety in and for the rented premises.
13.13 The user is obliged to take out liability insurance of
an appropriate amount for all risks arising from the liability assumed under
the contract and from the transfer of use/realization of the event - insofar as
these are insurable. Proof of insurance coverage must be provided to Fraport
upon request.
13.14 If the contractual user is not also the organizer of
the event taking place on the premises, it shall be liable to Fraport together
with the organizer ["subtenant"] as joint and several debtors.
14. Data protection
Fraport AG will electronically store and process the
data received during the execution of the contract and the administration of the
transfer of use. In the case of personal data, this is done in accordance with
the provisions of the Federal Data Protection Act and the General Data
Protection Regulation. The information for data subjects pursuant to Art. 13,
14 GDPR is available at https://www.fraport.com/de/konzern/datenschutz.html.
15. Offsetting and right of retention
15.1 The user may only offset claims of Fraport arising
from the transfer of use against claims that are undisputed or have been recognized
by declaratory judgement.
15.2 The user may only assert a right of retention against
Fraport's claims based on legally established or undisputed claims.
16. Final provisions
16.1 These General Terms and Conditions are an integral
part of the contract for the hire of the premises.
16.2 Ancillary agreements, amendments and addenda to the license
agreement and these General Terms and Conditions must be made in writing. This
also applies to the cancellation of this written form requirement.
16.3 The invalidity or ineffectiveness of one or more
provisions of these General Terms and Conditions shall not affect the validity
of the remaining provisions. The parties undertake to replace an invalid
provision with a valid provision that comes as close as possible to the invalid
provision.
16.4 The place of fulfilment is Frankfurt am Main. If the
user is a merchant within the meaning of the German Commercial Code, the place
of jurisdiction for disputes arising from and in connection with this contract
shall be Frankfurt am Main.
16.5 Insofar as a choice of law is permissible, the
contracts subject to these GTC shall be governed exclusively by German law to
the exclusion of the UN Convention on Contracts for the International Sale of
Goods.
16.6 The primary contract language is German.
16.7 The European Commission provides a platform for online
dispute resolution (OS) at Online Dispute Resolution | European Commission
(europa.eu). The Fraport e-mail address is: info@fraport.de.
16.8 Fraport is not legally obliged to participate in a
procedure for alternative dispute resolution by a consumer arbitration board
and does not currently participate in such a procedure.
______________________________________________________________________________
Fraport
AG Frankfurt Airport Services Worldwide
-
Fraport Conference Centre -
Hugo-Eckener-Ring 1,
60547 Frankfurt am Main, Germany.
Website: Fraport Conference Centre
(fraport-conference-center.de)
Email: fracc-reservierung@fraport.de
Phone: + 49 69 690-70500
state:
July 2024