AGB

GENERAL TERMS AND CONDITIONS

1. GENERAL PROVISIONS

1.1 The following General Terms and Conditions are acknowledged by the signature of the undersigned and are an integral part of the Contract. These General Terms and Conditions apply to the letting of conference rooms, banquet rooms, and showrooms as well as contracts for other supplies and services. The reservation of conference rooms, banquet rooms, and showrooms and contracts for other supplies and services are binding for both the Hotel Zoo Berlin (hereinafter referred to as “Hotel”) and the Event Sponsor as soon as the Event Sponsor has returned a signed copy of the confirmation of reservation to the Hotel within the period stipulated in the order confirmation.

1.2 If the party holding the event is not the Event Sponsor per se or if the Event Sponsor contracts with a commercial intermediary or organizer, then the Event Sponsor and the party or parties contracted by the Event Sponsor shall be liable as joint and several debtors for all obligations arising from the Contract. Notwithstanding the above, the Event Sponsor is obligated to pass on to the third party or parties as binding all information pertaining to the reservation, in particular these General Terms and Conditions. 1.3 The Event Sponsor’s General Terms and Conditions shall not apply unless this has been agreed to beforehand in writing.

1.4 If the Contract is not concluded within the period stipulated in the order confirmation, then the Hotel shall be entitled to let the rooms that were reserved until then to others.

2. Prices

2.1 The prices for event spaces and other supplies and services are set when the event is arranged and are those stated in the order confirmation.

2.2 If, at the behest of or on account of the actions of the Event Sponsor, the Hotel provides additional services that exceed the scope and/or term of lease of the contracted terms and conditions for the event, an additional itemized rental and service charge shall fall due.

2.3 In the event of an increase in the value-added tax rate, the Hotel reserves the right to adjust the gross amount accordingly.

3. Specific Purpose

All of the Hotel’s services may only be used solely for the contractual purpose. The written agreements contain the sole authoritative descriptions of all services to which the Event Sponsor shall be entitled.

4. Event Sponsor’s Liability

4.1 The Event Sponsor shall also be liable to the Hotel for payment for any additional services used by the event participants, as well as for restitution for losses or damage caused by the Event Sponsor’s employees or vicarious agents or event participants, without proof of fault being required.

4.2 The rooms and spaces let out to the Event Sponsor may not be sublet or re-let without the prior written consent of the Hotel, whereby Section 540 paragraph 1 clause 2 BGB [German Civil Code] is excluded unless the Event Sponsor is a consumer.

5. Substitution of Services

The Hotel shall be entitled to substitute equivalent services for contracted services.

6. Rescission / Cancellation

6.1 The cancellation periods are set forth in the contractual agreement.

6.2 If the leased rooms are cancelled after the deadlines set forth in

6.1 above, the Event Sponsor shall owe the full room rent plus 70% of the price of the contracted services (e.g.: catering, flat- rate conference fees).

6.3 All special services (third-party services that the Hotel has booked for the Event Sponsor as ordered) shall be remunerated in full regardless of the date of cancellation.

6.4 The Event Sponsor shall be free to prove that the expenditures made and/or damages incurred by the Hotel amount to less than the compensation set forth above.

7. Withdrawal from Contract

7.1 If a date for free withdrawal from the Contract has been agreed in writing between the Hotel and the Event Sponsor, then the Event Sponsor shall be entitled to withdraw from the contract until then without giving rise to claims for remuneration or compensation on the part of the Hotel. The Event Organizer’s right to withdraw from the Contract shall expire if it is not exercised in writing vis-à-vis the Hotel by the agreed date. The time at which
the Hotel receives the written declaration of recession shall be authoritative. The date and local time in Berlin (Germany) shall be authoritative.

7.2 If a date for free withdrawal from the Contract by the Event Sponsor has been agreed to contractually, then the Hotel shall on its part also be entitled to withdraw from the Contract in the event of inquiries by other event organizers regarding the contractually booked event spaces if the Event Sponsor does not waive its right of withdrawal upon written inquiry by the Hotel.

7.3 The Hotel shall also be entitled to withdraw from the Contract if an agreed or required down payment or security deposit (see paragraph 12) is not remitted even after a reasonable grace period granted by the Hotel.

7.4 The Hotel reserves the right to withdraw from the Contract for an important reason, e.g., if: a. a contracted down payment is not remitted even after a reminder. b. force majeure or other circumstances beyond the control of the Hotel make it impossible to fulfil the contract. c. event spaces were booked under deceptive or false premises regarding essential facts (e.g., persons or purpose). d. there are reasonable grounds for the assumption that use of the Hotel’s services may jeopardize the smooth operation, safety, security or public reputation of the Hotel for reasons beyond the Hotel’s sphere of authority and/or organizational control.

7.5 If the Hotel withdraws from the Contract for an important reason, the Event Sponsor shall have no claim to compensation. This shall not affect compensation claims on the part of the Hotel.

8. Liability

8.1 Outside of the provisions of Section 701 ff. BGB [German Civil Code], the Hotel shall be liable for lost or damaged property of the Event Sponsor and the participants, as well as for other damages, in the event of malice or gross negligence on the part of the Hotel’s legal representatives or vicarious agents. The above limitation of liability shall not apply to damages arising from injury to life, limb or health if the Hotel is responsible for the breach of duty. Liability for ordinary negligence is hereby excluded to the fullest extent permitted by law, and is always excluded for indirect
and secondary damages.

8.2 In the event of interruptions or shortcomings in the Hotel’s services, the Hotel shall use its best efforts to remedy these when it becomes aware of
them or upon prompt complaint by the Event Sponsor. The Event Sponsor shall be obligated to make all reasonable efforts to cooperate in remedying the interruption and minimizing potential damages. For the rest, the Event Sponsor is obligated to notify the Hotel in due time of the possibility that unusually high damages may be incurred.

8.3 As a rule, all claims against the Hotel shall fall under the statute of limitations in one year from the statutory start of the limitation period. Regardless of knowledge, compensation claims shall fall under the statute of limitations in three years unless they are founded on an injury to life, limb, health or freedom. The foregoing reductions of the limitation periods shall not apply to claims founded on a malicious or grossly negligent breach of duty on the part of the Hotel.

9. Decorative Material, Exhibits for Events and Other Objects / Permits

9.1 Decorative material or other objects may not be installed without the consent of the Hotel.

9.2 The Event Sponsor warrants that such material complies with fire safety regulations. The Hotel shall be entitled to require corresponding proof and certification of said compliance.

9.3 The Event Sponsor shall be responsible for delivery, installation, dismantling, and removal of exhibits for events and other objects, which shall occur solely at the Event Sponsor’s own risk. Design and decoration details must be coordinated with the Hotel no later than one week before the event.

9.4 Proper insuring of exhibits is incumbent solely upon the Event Sponsor. The Hotel shall be entitled to require proof of insurance.

9.5 Exhibits or other objects brought along shall be removed immediately after the end of the event. If the Event Sponsor fails to remove such objects immediately, the Hotel shall be entitled to remove and store the objects at the Event Sponsor’s expense. If objects remain in the event room, the Hotel shall be entitled to charge a reasonable use fee for as long as they remain in the room. The Event Sponsor shall be free to prove that the aforementioned claim has not arisen or that the damages incurred amount to less than the aforementioned claim.

9.6 Objects left behind shall be forwarded only by separate agreement with the Event Sponsor and then solely at the Event Sponsor’s own expense and risk.

9.7 The Event Sponsor is solely responsible for obtaining, at the Event Sponsor’s own expense, any and all official permits required in order to hold the event. Compliance with such permits and all other public-law regulations in connection with the event shall be incumbent solely upon the Event Sponsor.

10. Third-Party Services

If the Hotel procures technical services or other services for the Event Sponsor from third parties, then the Hotel shall do so on behalf of and for the account of the Event Sponsor. The Event Sponsor is liable for the careful treatment and proper return of this equipment and indemnifies and holds harmless the Hotel from all third-party claims arising from the letting of this equipment. The Event Sponsor has no claim to provision of auxiliary personnel for transporting and setting up goods and other objects brought in by the Event Sponsor or third parties.

11. Own Food and Drink

Own food and drink may not be brought onto the premises without the prior consent of the Hotel.

12. Payments, Security Deposits, Default, Set-Off

12.1 Upon conclusion of contract, the Hotel shall be entitled to require a reasonable down payment or security deposit from the Event Sponsor in the form of a credit card guarantee, deposit or the like. The amount of the down payment and the payment deadlines can be set forth in writing in the contract.

12.2 In justified cases, e.g., payment default on the part of the Event Sponsor or expansion of the scope of contract, the Hotel shall be entitled, even after conclusion of the Contract until the start of the event, to require a down payment or security deposit within the meaning of 12.1 above or to increase the down payment or security deposit agreed to in the Contract up to the full contracted remuneration.

12.3 The Hotel’s remuneration and advance payment demands shall be payable immediately upon invoicing. The Hotel shall charge interest on arrears at the statutory rate of 5% above the base rate pursuant to Section 1 of the Diskont- Überleitungsgesetz [German Minimum Lending Rate Transfer Act] of 9 June 1998. The Event Sponsor shall be entitled to set off claims only with claims that are uncontested or have been awarded by final and non-appealable judgment.

13. Rooms or Suites as an Event Object

If rooms or suites are to be an event object, defects or damage in the room / suite shall be reported to the reception desk immediately. The Event Sponsor is obligated to return the room / suite in proper condition. If damage is incurred or Hotel property is stolen, the Event Sponsor shall compensate the Hotel financially for such damage or loss.

14. Written Form

Changes or amendments to the Contract, the acceptance of the offer or these General Terms and Conditions shall be made in writing. Any unilateral changes or amendments on the part of the Event Sponsor shall be invalid. Additional agreements and side agreements shall be valid only if concluded in writing.

15. Place of Fulfilment and Jurisdiction

If the Event Sponsor is a merchant, then the place of fulfilment and jurisdiction shall be Berlin.

16. Concluding Provision

16.1 Should individual provisions of these General Terms and Provisions be or become invalid, this shall not affect the remaining valid provisions herein. Invalid provisions shall be replaced by those valid provisions that most closely approximate the economic purpose intended by the parties in framing the invalid provisions.

16.2 These Terms and Conditions shall be governed by German law excluding provisions regarding conflict of laws and the United Nations Convention on International Sales of Goods.

17. Miscellaneous

17.1 The Hotel is a no-smoking hotel. In the event this policy is violated (smoking inside the Hotel), the Guest shall be charged a flat fee of EUR 300.00 per violation.

17.2 In general, the Hotel strives to maintain an informal atmosphere. If the event is held in or expands into the GRACE Bar, the Hotel requests that guests refrain from wearing exceedingly casual attire in the interest of maintaining the atmosphere appreciated by patrons of the GRACE Bar.