General Terms and Conditions

HIDDEN LOCATIONS GmbH

I. General Provisions, Scope, Subject Matter of the Contract

These General Terms and Conditions apply to contracts for the rental of event spaces between HIDDEN LOCATIONS GmbH (hereinafter referred to as HL) and its customers (hereinafter referred to as the Customer) for the purpose of holding events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and deliveries provided by HL to the Customer in this context.

The subletting or further letting of the rooms, areas or display cases provided, as well as invitations to job interviews, sales events or similar events, require the prior consent of HL in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.

Unless otherwise agreed, the General Terms and Conditions in the version valid at the time the order is placed, or in any case in the version most recently communicated to the Customer in text form, shall also apply as a framework agreement to similar future transactions without the need to refer to them in each individual case.

II. Conclusion of Contract, Contracting Parties, Prohibition of Assignment

Offers made by HL are subject to change and non-binding unless expressly designated as binding. The Customer may submit a request for an offer to HL by email, fax, post or orally. The Customer’s request for an offer does not constitute an offer. HL will then submit an offer to the Customer by email, fax or post. The Customer may accept the offer by email, fax or post within two weeks of receipt.

After an offer has been accepted, any amendment and/or addition to the contract and/or its components and/or the scope of services must be made in text form. Any additional costs incurred as a result shall be borne by the Customer.

III. Liability, Limitation Periods

HL shall be liable for its obligations under the contract. Claims for damages by the Customer are excluded. This does not apply to damages resulting from injury to life, body or health where HL is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by HL, and damages resulting from an intentional or negligent breach of duties that are essential to the nature of the contract by HL.

All claims by the Customer or third parties against HL shall become time-barred one year after the commencement of the regular limitation period based on knowledge within the meaning of Section 199 (1) BGB. Claims for damages against HL shall, however, become time-barred no later than three years where dependent on knowledge and no later than ten years after the breach of duty irrespective of knowledge.

IV. Services, Prices, Payment, Set-Off

HL is obliged to provide the services ordered by the Customer and confirmed by HL.

The Customer is obliged to pay the agreed prices or HL’s customary prices for these and any additional services used. This also applies to services and expenses incurred by HL vis-à-vis third parties at the Customer’s request, in particular claims by copyright collecting societies.

Invoices issued by HL without a specified due date are payable without deduction within seven calendar days of receipt of the invoice. HL is entitled to declare accrued claims due at any time and to demand immediate payment.

HL is entitled to request an appropriate advance payment of up to 100% at any time. The amount of the advance payment and the payment dates may be agreed in the contract in text form.

V. Withdrawal by the Customer (Cancellation)

The Customer may withdraw from the contract concluded with HL only if a right of withdrawal has been expressly agreed in the contract or in these General Terms and Conditions, if another statutory right of withdrawal exists, or if HL expressly agrees to terminate the contract.

Cancellation fees:

  • In the event of cancellation up to two months before the event date, HL is entitled to charge 70% of the minimum turnover or the calculated gross turnover specified in the contract.
  • In the event of cancellation up to one month before the event date, HL is entitled to charge 80% of the minimum turnover or the calculated gross turnover specified in the contract.
  • In the event of cancellation up to one week before the event date, HL is entitled to charge 90% of the minimum turnover or the calculated gross turnover specified in the contract.
  • In the event of a later cancellation, HL is entitled to charge 100% of the minimum turnover or the calculated gross turnover specified in the contract.

VI. Withdrawal by HL

HL is entitled to withdraw from the contract for objectively justified reasons, in particular if:

  • force majeure or other circumstances beyond HL’s control make it impossible to fulfil the contract
  • events are booked culpably on the basis of misleading or incorrect information regarding material facts
  • HL has reasonable grounds to believe that the event may jeopardise the smooth operation, safety or public reputation of HL
  • the purpose or occasion of the event is unlawful

VII. Catering, Changes in the Number of Participants

As a general rule, the Customer may not bring food or beverages to events. Exceptions require prior agreement with HL in text form and will be charged with a buyout fee of no more than EUR 15 net per person.

For bookings already confirmed by the Customer, the number of guests/visitors may be reduced by no more than 10% from the originally stated number up to seven days before the event. At least 90% of the original number will always be charged.

VIII. Technical Equipment and Connections

The use of the Customer’s own electrical equipment connected to HL’s power supply requires HL’s prior consent in text form. Any faults or damage to HL’s technical equipment resulting from the use of such equipment shall be borne by the Customer unless HL is responsible for them.

IX. Noise Protection, House Rules

The volume of music or other noise shall be determined by HL, which exercises domiciliary rights, and is limited to 90 decibels in the event room. HL is entitled to determine and regulate the volume of music or other noise.

The Customer is obliged to register any use of music with GEMA, Generaldirektion Berlin, Postfach 301240, 10722 Berlin, at least 14 days before the event date.

X. Reference Use, Corporate Design

Unless otherwise stipulated, the Customer grants HL and its affiliated companies the free, unlimited right in terms of time, territory and content to use a description of the event, including the Customer’s full name and company logo, or photos, videos or other materials, for editorial illustration and advertising purposes in both print and electronic media.

When referring to HIDDEN LOCATIONS venues or in any print or email layouts, HL’s corporate design guidelines must be observed, in particular with regard to logo integration where applicable. In the event of non-compliance, a contractual penalty of EUR 2,500.00 will be imposed.

XI. Loss of or Damage to Items Brought onto the Premises

Exhibition items or other items, including personal belongings, brought onto the premises are kept in the event rooms at the Customer’s own risk. The Customer shall not be granted control over any keys. HL accepts no liability for loss, destruction or damage unless caused by gross negligence or intent on the part of HL.

Exhibition items or other objects brought onto the premises must be removed immediately after the end of the event. If the Customer fails to do so, HL may arrange for their removal and storage at the Customer’s expense.

XII. Customer Liability for Damage

The Customer shall be liable for all damage in and to the event room, the building or the premises caused by event participants or visitors, employees, other third parties within the Customer’s sphere of responsibility, or by the Customer itself. If the Customer is a business, liability applies irrespective of proof of fault by HL; a consumer shall only be liable in the event of fault.

XIII. Information for Consumers Regarding the EU Consumer Dispute Resolution Platform

In accordance with its statutory obligations, HL points out that the European Union has established an online platform for the out-of-court resolution of consumer disputes (“ODR Platform”): ec.europa.eu/consumers/odr HL does not, however, participate in dispute resolution proceedings before consumer arbitration boards.

XIV. Supplementary Special Provision for Events from 01 January 2021

If the booked event may not take place or be attended in the booked form at the event venue due to statutory or official requirements (e.g. regulations, general decrees or administrative acts) relating to the coronavirus or similar serious circumstances of force majeure, HL is entitled to offer the Customer an alternative form of implementation and an alternative event date.

XV. Final Provisions

Amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for events should be made in text form. Unilateral amendments or additions by the Customer are invalid.

The place of performance and payment as well as the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – shall be Berlin for commercial transactions.

German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules is excluded.

If individual provisions of these General Terms and Conditions for events are invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.