Theater im Zimmer GmbH
Alsterchaussee 30
D-20149 Hamburg

Phone +49 (0) 40 414130
Email info@theater-im-zimmer.de

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© VAP, Hamburg 2002-2021

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§1 Subject and purpose of use

1.1. Theater Im Zimmer GmbH (hereinafter referred to as “the Landlord”) provides the respective user, against payment, with rooms and garden areas located in the property “Theater Im Zimmer” at Alsterchaussee 30, 20149 Hamburg for use in accordance with the offer. The rental costs for the rooms stated in the offer are final. The additional costs stated in the offer are independent of consumption and final, unless otherwise stated below. Project costs and the period of use are set out in the offer.

1.2. These GTC form part of the rental agreement between the Tenant and the Landlord for THEATER IM ZIMMER. The signed rental agreement is the basis for all agreements.

§2 Handover of the rental property

2.1. The Tenant undertakes to return the rooms of THEATER IM ZIMMER provided to them in the same condition in which they were taken over.

2.2. At the beginning of the period of use, a joint handover report is drawn up with the Landlord, in which the parties jointly record the condition of the rental property. In the handover report, the user must in particular record any signs of damage and wear for which they do not wish to be held responsible upon return. At the end of the period of use, it is the user’s responsibility to check the items in the handover report again and to have them countersigned by the Landlord.

2.3. Before set-up begins as stated in the offer, but no later than 10 days before the start of the event, the Landlord must be given a set-up plan showing when which set-up and dismantling work and transports are planned. During set-up and dismantling and during events, the user must ensure that all access routes to Theater Im Zimmer remain unobstructed. The user has sufficiently familiarised themselves with the local conditions. Local risks relating to the execution, set-up and event are borne by the user. Parking in the car park in front of and behind the building is permitted for loading and unloading only. Setting up, for example, a brewery wagon is not permitted.

§3 Termination

3.1. The statutory provisions apply to termination of the period of use for good cause. The Landlord may also terminate the period of use without notice if the user breaches their obligations under the agreement, in particular if they fail to keep the rental property in a proper and clean condition during the period of use, damage it, or violate the house rules (information sheet for organisers in the annex). Ordinary termination is excluded.

3.2. If payment is not made on time, the Landlord is entitled to terminate the period of use with immediate effect without setting a further deadline. The Landlord’s claims for damages remain unaffected. If an event cannot take place for reasons for which the Landlord is not responsible, the Landlord retains the right to payment of the full usage fee. The user is free to prove that no damage or only minor damage has occurred. The Landlord is not obliged to rent out the rooms elsewhere if the event is cancelled. If, in individual cases, the possibility of alternative letting arises to mitigate the damage, this will be credited against the claim against the user, provided the other user fulfils their contract. However, the Landlord is not obliged to make any special efforts to this end or to accept lettings that differ from the originally intended use in terms of reputability, public image, audience numbers and wear on the rooms.

§4 Manner of use

4.1. THEATER IM ZIMMER is a listed building. Structural alterations to the building, doors, floors, ceilings, stairs and fittings in the course of the Tenant’s use must be agreed before set-up begins.

4.2. The Landlord ensures that the official regulations on noise protection in residential areas are observed during its event or that appropriate permits are obtained in case of deviations. In the event of gross or negligent violation of noise protection, the Landlord is entitled to demand immediate measures from the Tenant.

4.3. The Tenant undertakes to properly register their event with GEMA and, on request, to provide the Landlord with proof of the application before the event begins.

4.4. The Landlord is entitled to terminate the rental agreement without notice at any time before the start of the event if it becomes aware that the Tenant intends to use the agreed premises for purposes other than those stated in the rental agreement. This applies in particular to content against humanity, activities against the free democratic basic order as enshrined in the Basic Law of the Federal Republic of Germany, and activities that damage the reputation of THEATER IM ZIMMER.

4.5. Use as a private or public event is permitted. A change in the purpose of use stated in the offer is only permitted with the Landlord’s prior written consent. Any declarations of consent by the Landlord are always given — even if not expressly stated in the declaration — subject to proof of any official permit that may be required for the change of use, the procurement and maintenance of which is the responsibility of the user at their own expense.

4.6. Cleaning after the event is carried out by THEATER IM ZIMMER through the in-house cleaning company and is not included in the rental price. It is charged to the Tenant according to the effort required for the respective type of event.

4.7. Furthermore, at no time, however brief, may a peak load of more than 75 kW be drawn, as any power consumption exceeding 75 kW leads to an increase in the Landlord’s annual basic tariff. Any power requirement exceeding 75 kW, even for a short time, must therefore be covered by the user’s own generator. A separate generator must always be used for filming. If the user draws more than 75 kW at any time, they undertake to pay the Landlord €120.00 per kW above the 75 kW limit. Compliance with the above maximum power consumption is verified by a joint reading of the maximum power consumption on the public utility’s 96-hour meter.

4.8. THEATER IM ZIMMER is not bound to any particular partner when choosing a catering service provider. When catering is provided, the organiser is responsible for compliance with all applicable catering regulations.

4.9. The Tenant must ensure that a contact person is available for arrangements with the Landlord throughout the rental period.

4.10. The user is not permitted to make structural alterations within the rental property. Electrical appliances may only be connected to the existing power network to the extent that the intended load, about which the user must inform themselves in advance, is not exceeded. When setting up heavy equipment and fittings, the permissible load must not be exceeded.

4.11. The rental property is handed over to the user in working order and maintained by the Landlord in working order, unless maintenance and repair are undertaken by the user. The Landlord’s warranty for lighting equipment in the area of the rental property is excluded. The user is only entitled to claims for damages due to defects in the rental property or due to faults in the building and its technical facilities if the Landlord is responsible for the defect or fault through intent or gross negligence, or if the Landlord is in default with remedying the defect through intent or gross negligence. This does not apply in the event of breaches of cardinal contractual obligations, i.e. contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the contractual partner may regularly rely, or in the event of injury to life, body or health.

4.12. The user is only entitled to claims for rent reduction due to defects in the rental property or due to faults in the operation of the building and its technical facilities if the Landlord is responsible for the defect or fault through intent or negligence, or if the Landlord is in default with remedying the defect through intent or negligence. This does not apply in the event of breaches of cardinal contractual obligations, i.e. contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the contractual partner may regularly rely, or in the event of injury to life, body or health.

4.13. The user must treat the rental property with care, clean it and keep it free of vermin. This includes in particular: daily cleaning of the toilets, daily removal and proper disposal of waste insofar as waste has been generated through use, and all other work necessary to keep the rental property in a well-kept condition during the period of use. The user is obliged to dispose of any waste generated on their own responsibility and at their own expense. No waste water may be poured into the drains in the inner courtyard. For each case of infringement, a contractual penalty of up to €5,000.00 is agreed, excluding the defence of continuing offence. The Landlord’s right to claim further damages remains unaffected.

4.14. The user is responsible for any damage within the rental property, even if the damage is caused by their relatives, guests, employees, staff, visitors, suppliers or tradespeople. Any damage to or soiling of the property and building outside the rental property caused by and attributable to the user, their relatives, guests, employees, staff, visitors, suppliers or tradespeople must be remedied by the user immediately and without being asked.

4.15. The user ensures and is liable for ensuring that all public-law regulations (e.g. noise protection and closing times), provisions and official requirements are complied with at all times in the course of their use and that the Landlord suffers no damage as a result of the use. The user is obliged to submit to the competent authorities, in good time and in the proper form, any necessary notifications of the event they intend to hold (e.g. pursuant to Art. 19 para. 1 LStVG – competent authority: Ordnungsamt Hamburg-Eimsbüttel) and to obtain any necessary permits, licences and stipulations for the event (e.g. pursuant to § 12 GastG, Art. 19 para. 3 LStVG, § 69 GewO – competent authority in each case: Ordnungsamt Hamburg-Eimsbüttel), insofar as the nature of the event corresponds to a public event (i.e. not a private event). If a necessary official permit, licence or stipulation is not granted, the user must structure the application in such a way that the event can be held within the scope of the statutory provisions. The user is expressly informed that the Landlord accepts no liability whatsoever if the event does not take place due to a lack of official permits, licences or stipulations of any kind. In particular, the Landlord’s right to remuneration pursuant to § 3 remains in force even in the absence of official permits, licences or stipulations of any kind. It is solely the user’s responsibility to obtain approval for the event from all relevant authorities in advance. The user is obliged to apply for any necessary official notifications, permits, licences and stipulations in good time so that the authorities involved have sufficient opportunity and time to process the application. If the user culpably breaches the above obligations and the Landlord is consequently held liable under civil or public law, the user must indemnify the Landlord in full against all costs of such claims upon first request.

4.16. When holding a public event, the user will name a contact person to the Landlord and the authorities who is present during the event and responsible for compliance with public-law regulations. The user agrees that the Landlord may name this person as responsible to the authorities. At the Landlord’s request, the named person must confirm this in writing. Any costs incurred for the named person are borne by the user. In particular, the user must comply with:

Fire regulations. Seating plans. Keeping escape routes clear. Compliance with noise and emission protection regulations.

All other police and public order regulations relating to the event.

4.17. The user is aware of these obligations. The documents and information necessary for this have been provided to the user to the extent possible for the Landlord. See the annex to the usage agreement enclosed with the contract: “Information sheet for organisers, caterers and set-up teams”. Furthermore, the maximum permitted total number of 200 visitors at Theater Im Zimmer may not be exceeded at any time.

4.18. The Landlord will only apply for public-law approvals, permits, licences and stipulations as the user’s representative, in the user’s name and with the user’s authority, on the basis of a separate order, for separately agreed remuneration and against a separate invoice. For this purpose, the user hereby signs the attached power of attorney in the annex. Without such an order, the Landlord is under no obligation to act. The power of attorney in the annex only authorises the application for public-law approvals, permits, licences and stipulations and must be returned to the user upon first request once it has been used.

4.19. In business communication (in particular with authorities, police and fire brigade), the user will always, without being asked, point out their role as organiser and thereby clearly distinguish themselves from the Landlord as a non-organiser. The usage relationship does not create a partnership between the Landlord and the user with regard to the user’s events. Only for the period of use are domiciliary rights transferred to the user to the extent necessary for the proper conduct of the event.

4.20. The Landlord transfers to the user the obligations pursuant to § 38 paras. 1–4 of the Places of Assembly Ordinance (VStättV), cf. § 38 para. 5 sentence 1 VStättV. The user confirms that they are familiar with the place of assembly (= rental property) and its facilities, as an induction has taken place. By virtue of this transfer, the user is responsible for the safety of the event and compliance with the regulations. By virtue of this transfer, the user is obliged to be present at all times while the place of assembly is in operation. By virtue of this transfer, the user must ensure the cooperation of the stewarding service, fire safety watch and medical service with the police, fire brigade and emergency services. By virtue of this transfer, the user will cease operation of the place of assembly if the systems, facilities or equipment necessary for its safety are not operational or if operating regulations cannot be complied with.

4.21. The user will inform their guests, visitors, staff or third parties to whom they grant access to the rental property that there are only 2 parking spaces in front of Theater Im Zimmer. The Landlord does not guarantee free access and departure.

4.22. The Landlord and its agents and authorised representatives are free to inspect the rental property after prior notice. In case of danger, the Landlord must be granted access at any time.

4.23. The Landlord’s liability for the theft of objects kept by the user, such as exhibits, cloakroom items, movable fittings or similar, is excluded. The user will insure the described risk of theft at their own expense.

4.24. Open cooking areas are not permitted in the rented rooms. Outdoors they are only possible by arrangement with the Landlord. For outdoor cooking areas, the ground must be covered with a suitable protective base.

4.25. Performances with live animals are not permitted.

§5 Return of the rental property

5.1. At the end of the period of use, the rental property must be handed back to the Landlord cleared, thoroughly cleaned (even if final cleaning was booked in the offer) and in its original condition. This also includes repairing any damage to the rental property. The Landlord will repair the damage for the user on the basis of a separate order, for separately agreed remuneration and against a separate invoice.

5.2. If the user does not return the rental property in proper condition at the end of the period of use, they are obliged to pay a usage fee for each day or part day of additional use at the contractually agreed daily rate until the rental property is properly returned. Furthermore, in the event of late return, the Landlord is entitled to have all work necessary to restore the proper condition carried out at the user’s expense. In this case, the Landlord is also entitled to demand compensation from the user for all damage resulting from the late return of the rental property, in particular damages for the frustration or delay of subsequent use. Remaining material and rubbish from the period of use must be disposed of by the user. In case of non-compliance, the Landlord will remove the remaining material at the user’s expense.

§6 Provision of security

6.1. The Tenant is liable for damage to the rental property arising from its use. At the Landlord’s request, the Tenant must provide proof of suitable liability insurance for property damage and personal injury of at least €3,000,000.00. If the Tenant cannot provide proof of liability insurance, a deposit of €1,000.00, as set by THEATER IM ZIMMER, must be lodged instead by the start of set-up.

6.2. The Landlord is entitled to demand from the user, before the start of use, an interest-free security deposit of up to €1,000.00 (in words: one thousand euros) in cash or by bank guarantee from a major German or European bank. Until the security deposit has been provided, the user has no right to the handover of the rental property. The user is responsible for any resulting delays; this does not release the user from their contractual obligations. If a claim of the Landlord arising from the usage relationship is more than 30 days overdue, the Landlord is entitled to offset the outstanding claim against the security provided. In this case, the user must immediately top up the security, otherwise the permission to use expires.

§7 Advertising and signs

7.1. Written advertising or newspaper advertisements containing invitations to events of any kind on the Landlord’s premises require the Landlord’s prior consent. If publication takes place without consent and the Landlord’s essential interests are thereby impaired, the Landlord has the right to cancel the event.

7.2. The user may only put up advertising and information signs with the Landlord’s prior consent. At the end of the period of use, the signs must be properly removed. The costs of the advertising and information signs and of putting them up and removing them are borne by the user.

§8 Transfer of use to third parties

8.1. Any transfer of use to third parties that is not merely temporary requires the Landlord’s prior written consent. § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived in this respect. In the event of an approved or unapproved transfer of use, the user is liable for all acts or omissions of the third party regardless of their own fault and must in particular ensure that the third party complies with the public-law obligations arising from the usage relationship.

§9 Cancellations

9.1. In the event of withdrawal from the rental agreement, the following cancellation fees apply: from the 90th to the 60th day before the start of the event, 25% of the invoice amount

from the 60th to the 30th day before the start of the event, 50% of the invoice amount

from the 30th to the 8th day before the start of the event, 75% of the invoice amount

from the 7th day up to one day before the start of the event, 100% of the invoice amount

§10 Other provisions

10.1. Confidentiality: The contracting parties will only use information that has come to their knowledge in the course of their cooperation — whether personal or factual, business or trade secrets, the agreed rental and payment conditions, or other business or operational facts — within the scope of the cooperation. This duty of confidentiality also applies after the end of the contractual relationship.

10.2. During the period of use, the duty to maintain safety lies with the user. The user will observe the “Information sheet for organisers” in the annex and follow the Landlord’s instructions accordingly. § 545 BGB does not apply at the end of the period of use. The Landlord does not guarantee protection from competition within the building.

10.3. The user may only set off against the costs stated in the offer claims that are either legally established or acknowledged by the Landlord. In the event of default in payment of the costs stated in the offer, the user is obliged to pay default interest of 5% above the respective base rate of the European Central Bank. The Landlord is entitled to claim any further damage.

10.4. The user is obliged to pass on obligations under this contract to subcontractors if they use any. The obligations must be secured by including contractual penalties.

10.5. The Landlord has opted for VAT on the rental property in accordance with § 9 para. 2 of the German VAT Act (UStG). The user will use the rental property exclusively for transactions that are subject to input tax deduction under the statutory provisions applicable at the time this usage agreement is concluded. Use for tax-exempt transactions is only permitted insofar as it is harmless for the Landlord under VAT regulations. If, contrary to the above provision, the user carries out transactions in the rental property that wholly or partly exclude input tax deduction, they must inform the Landlord immediately. In this case, the user is obliged to compensate the Landlord for the disadvantage resulting from the loss of input tax deduction. Furthermore, at the Landlord’s justified request, the user will provide a written declaration that they use the rental property exclusively for transactions that do not exclude input tax deduction. If the Landlord has to provide further evidence to the tax authorities in this context, the user is obliged to supply the Landlord with the relevant evidence or to provide it directly to the tax authorities. If the requirement for the Landlord’s VAT option under § 9 para. 2 UStG ceases to apply because the user does not use the rental property in whole or in part in accordance with the above agreement, the Landlord is no longer obliged to show VAT separately. Should the absence of the option requirement only become known subsequently, the Landlord is entitled to subsequently correct the invoices issued so far in such a way that the gross contractual usage fee paid so far subsequently corresponds to the usage fee (without VAT shown). Further claims of the Landlord remain unaffected.

10.6. The place of jurisdiction is Hamburg. German law applies, even if the user does not have a place of business in the Federal Republic of Germany. (End of terms of use, as of 4/2016)