General Terms and Conditions for Events of Braunschweiger Veranstaltungsstätten GmbH (AVB)

Behind a successful event is not only a great deal of creativity and organizational skill, but also a comprehensive set of rules. You can view our event and safety-related contractual provisions here.For reasons of readability alone, the generic masculine is used below. All references to persons are to be understood as gender-neutral and apply to all genders.

 

Preamble

Braunschweiger Veranstaltungsstätten GmbH (hereinafter referred to as the operator) with its Stadthalle Braunschweig, Volkswagen Halle Braunschweig and Eintracht-Stadion venues hosts peaceful gatherings of all kinds and in all formats. We bring people together and offer platforms for exchange and discourse. We welcome people of all origins, religions, sexual orientations, ages and world views. Organizers are not entitled to use the venue to hold events at which unconstitutional or unlawful ideas are presented and/or disseminated, whether by the organizer himself, by his artists or by participants in the event. The organizer acknowledges that the event does not contain any right-wing extremist, racist, anti-Semitic or anti-democratic content. This means, in particular, that the freedom and dignity of mankind may not be denigrated either verbally or in writing, nor may symbols that are in the spirit of or represent anti-constitutional or unconstitutional organizations be used or distributed. A breach of the aforementioned obligations may constitute a material breach of contract, which entitles the Operator to terminate the event contract extraordinarily or to withdraw from the event contract. This applies in particular in the event that the organizer has concealed the fact that the event contains such content when concluding the contract. Should participants in the event violate the aforementioned provisions, the organizer must ensure that the act is stopped immediately. Should the organizer fail to comply with this obligation, the operator is entitled to take substitute action within the scope of its domiciliary rights and, as a last resort, to terminate the event. The Operator reserves the right to make a statement against discrimination of any kind, in particular anti-Semitism, and in favor of democracy at all events in the event rooms and areas provided or in any other form.

§ 1 Scope of application

1.1 These General Terms and Conditions for Events (GTC) of the Operator apply to the provision of event areas, rooms and halls in and on the grounds of the Stadthalle Braunschweig, the Volkswagen Halle Braunschweig and the Eintracht Stadium (hereinafter referred to as "Venue"). They also apply to the provision of event-related services and work as well as to the provision of mobile equipment and technology.

1.2 These GTC apply to natural persons (hereinafter referred to as "private individuals"), persons acting in a commercial capacity, legal entities under private and public law and special funds under public law (hereinafter referred to as "companies"). In relation to companies, these GTC shall also apply to future contractual relationships that are repeated over several years.

1.3 Additional or contradictory contractual terms and conditions of the customer (hereinafter referred to as "Organizer") shall not apply unless the Operator has expressly acknowledged them in writing. If agreements deviating from these GTCS are made in the event contract, such agreements shall always take precedence over the corresponding provision within these GTCS.

§ 2 Contractual partners, organizers, representatives authorized to make decisions

2.1 The contractual partners are the Operator and the Organizer named in the event contract. If the organizer is conducting the event for a third party (e.g. as an agency), it must disclose this to the operator and name the third party to the operator in writing, at the latest upon conclusion of the contract. As the contractual partner of the Operator, the Organizer shall remain responsible for all obligations incumbent on the Organizer in accordance with the wording of these GTC. A change of the organizer or a transfer of the venue in whole or in part to a third party, whether free of charge or against payment, requires the express written consent of the operator.

2.2 Prior to the event, the organizer must nominate in writing to the operator a representative who is authorized to make decisions regarding the management of the event and who, at the request of the operator, will perform the function and duties of the event manager in accordance with the Lower Saxony Ordinance on the Construction and Operation of Places of Assembly (NVStättVO).

2.3 The duties incumbent on the Organizer under these GTC may lead to the restriction or cancellation of the event in the event of non-compliance.

§ 3 Reservations, conclusion of contract, amendments to contract

3.1 Verbal, electronic or written reservations for a specific event date only hold open the option of concluding a contract at a later date. They are only issued for a limited period and are non-binding with regard to the subsequent conclusion of the contract. They end at the latest on expiry of the (return) deadline stated in the reservation or in the event contract. There is no entitlement to an extension of an expiring option. Reservations and event options are not transferable to third parties. The repeated staging of an event or the repeated provision of rooms and areas on certain dates shall not establish any rights for the future, unless an individual provision has been made in the event contract.

3.2 Event contracts must be concluded in text form to be valid. If the Operator sends unsigned copies of a contract proposal to the Organizer, the event contract is only concluded when the Organizer signs the contract copies sent, sends them to the Operator within the return period specified in the event contract and receives a countersigned copy of the event contract in return. The text form requirement shall also be deemed to have been met if copies of the contract are signed using an electronic signature.

3.3 In order to agree subsequent additions or amendments to the event contract, the respective declaration must be sent to the contractual partner in text form and confirmed by the other party. Agreements made verbally must be confirmed immediately in text form in the same way. The short-term request and set-up of media and event technology equipment can also be confirmed by a handover protocol.

§ 4 Subject matter of the contract

4.1 The object of the event contract is the provision of areas and rooms within the venue for the purpose of use specified by the organizer, as well as the provision of services accompanying the event. The provision of the venue, event areas and rooms shall be based on officially approved escape route and seating plans with specified participant capacity. The exact designation of the object of use, the maximum participant capacity and the purpose of use shall be specified in writing in the event contract or as an annex to the event contract. If no information on participant capacities is provided, the organizer may inspect the existing, approved escape route and seating plans at any time, stating its event planning. Regulatory and sovereign orders to reduce participant capacities must be observed. The organizer must ensure that under no circumstances will more than the permitted number of participants be admitted to the venue for its event.

4.2 For the use of general circulation areas, paths, toilets, checkrooms and entrance areas, the Organizer shall be granted a limited right of use for the duration of its event. In particular, the organizer must tolerate the shared use of these areas by third parties. For the use of the toilets, the event participant may be required to pay the toilet tenants a fee in accordance with the posted tariff. If several events take place in the venue at the same time, each organizer must behave in such a way that, as far as possible, there is no mutual disturbance of the other event. The organizer has no contractual right to demand that the event of another organizer be restricted.

4.3 The Operator does not guarantee sufficient parking spaces for the participants of the respective event; in particular, the Operator reserves the right to use the parking lot for other purposes at short notice.

4.4 The functional rooms and areas contained in the venue, such as workshop areas, technical rooms and offices, are not part of the event contract and are not made available to the organizer, unless otherwise stipulated in the event contract or in an annex to the event contract. This also applies to all wall and building surfaces as well as windows, ceilings and wall surfaces outside the venue, in particular in the general circulation areas and entrance areas. 4.5 Any change to the title of the event specified in the event contract, the period of the event, the type of event, agreed event content, the purpose of use or a change of contractual partner shall require the prior consent of the Operator in text form. Consent may be refused without stating reasons. Consent is only possible if the interests of the Operator, in particular with regard to existing or planned events, are not impaired.

§ 5 Handover, careful handling, return

5.1 Prior to the event, generally at the start of set-up, each contracting party may request a joint inspection and inspection of the event areas provided as well as the emergency exits and escape routes. If the organizer discovers defects or damage to the subject matter of the contract, the operator must be informed of these immediately in writing. Both parties may request the preparation of a handover report in which the condition and any defects or damage are to be recorded. If a handover report is not drawn up, it shall be assumed that there are no recognizable defects beyond the usual signs of use at the time of the inspection. If the organizer discovers damage at a later date or if he or his participants cause damage, the organizer is obliged to notify the operator immediately. The organizer is advised to take photographs of any visible previous damage and, if possible, to notify the operator of this electronically before the event.

5.2 The Organizer shall ensure that the areas of the venue provided to it, including the equipment located therein and thereon, are treated with care and kept in a clean condition. All types of damage must be reported to the operator immediately. If there is an immediate risk of damage spreading, the organizer must immediately initiate the immediate measures required to mitigate the consequences of the damage.

5.3 All objects, structures and decorations brought in for the event must be completely removed by the agreed end of dismantling and the original condition restored. Objects remaining in the venue may be removed at the expense of the organizer. If the subject matter of the contract is not returned in a cleared condition in good time, the organizer must in any case pay compensation for use corresponding to the usage fee. In the event of particular soiling of the venue that goes beyond the usual event-related extent, the operator is entitled to charge the organizer a cleaning surcharge. The right to assert further claims in the event of damage or late return of the subject matter of the contract is reserved. A tacit extension of the contractual relationship in the event of late return is excluded. The provision of § 545 BGB does not apply.

§ 6 User fees, payments

6.1 The agreed fee, including the advance payments to be made, is set out in the event contract or in a "Service and Cost Overview", which is attached to the event contract. Unless expressly agreed otherwise, all agreed fees are subject to the statutory value added tax applicable at the time the service is provided.

6.2 If there are more than four months between the conclusion of the contract and the execution of the event, the agreed fees may be adjusted by up to 10% in line with current market price developments. This applies equally to increases and decreases. The circumstances justifying the adjustment must be specified by the respective contractual partner. A price adjustment can be made once a year from the conclusion of the contract. A price adjustment within this framework is only permissible if it is not due to circumstances for which the respective contractual partner is unilaterally responsible. If a price adjustment leads to an unreasonable increase or decrease in the total fees to be paid, the contracting parties shall enter into renegotiations on the price adjustment.

6.3 From 14 days before the start of the event, the Operator is entitled to add a surcharge of up to 20% to cover the additional costs for the provision of services not yet ordered at short notice or for changes to services already ordered at short notice - insofar as these can still be implemented.

6.4 The scope and the costs to be borne by the organizer for personnel security services (security service, medical service, fire safety guard) depend on the type of event, the number of participants and the event-specific requirements and risks in the individual case. They cannot be precisely determined when the contract is concluded. The scope of necessary security measures shall be determined in the course of the assessment of the event by the Operator in consultation with the authorities responsible for security and fire protection.

6.5 Unless otherwise agreed in the event contract, all payments are to be made to the Operator's account within 14 days of the invoice date after invoicing by the Organizer. In the event of late payment, the Operator is entitled to charge default interest of 9 percentage points above the prime rate of the ECB to companies and persons acting in a commercial capacity in accordance with Section 288 (2) of the German Civil Code (BGB), as well as a lump sum for late payment of EUR 40.00 in accordance with Section 288 (5) BGB. With regard to private individuals, the Operator is entitled in accordance with § 288 (1) BGB to demand default interest in the amount of 5 percentage points above the ECB prime rate in the event of late payment.

6.6 In order to secure its claims arising from the contractual relationship, the Operator is entitled to demand appropriate security prior to the event.

§ 7 Advance ticket sales, number of participants, admission time

7.1 Advance ticket sales and ticket sales for public events are the responsibility of the organizer.

7.2 The Organizer's income from advance ticket sales and income for admission fees at the box office on site shall be assigned to the Operator in advance up to the amount of the Operator's claims.

7.3 Admission fees collected by the Operator's own staff or service partners will only be settled by the Operator with the Organizer after the event.

7.4 The Organizer's main contractual obligations are to comply with the layout (seating plans) specified for the event, which requires approval, and the maximum permitted number of participants. In the case of public events with advance ticket sales, the organizer is obliged to agree the seating plan with the operator before the start of advance ticket sales. If an electronic ticketing system is used, a sample ticket must be sent to the Operator without being requested to do so. The organizer is not entitled to begin advance ticket sales for its event until these points have been agreed with the operator. In exceptional cases, hard tickets can also be sold at the request of the organizer. These can be produced by the Operator's in-house print shop. If hard tickets are used, the entire set of tickets (including press, honorary and participant tickets, etc.) of the organizer must be presented for inspection and identification before the start of advance sales. Only marked tickets entitle the holder to admission. If no tickets are sold, the organizer is obliged for security reasons to make other arrangements for capacity and access control at the request of the operator.

7.5 In the case of events with row seating, 60 minutes (up to 3,400 attendees) or 90 minutes (over 3,400 attendees) must be allowed for visitor admission before the start of the event. For all other event formats (free seating/partial seating/standing room), the required admission time before the start of the event is 90 minutes (up to 3,400 attendees) or 120 minutes (over 3,400 attendees). The admission times must be communicated to the participants in advance.

7.6 In the case of free choice of seats, at least 8% of the stated maximum total number of seats must be reserved. 7.7 The Operator shall provide seats for the police, fire department, medical service, security personnel or other requirements free of charge for each event. The number of these seats is determined by the type of event, the number of participants, event-related safety criteria and official requirements.

§ 8 Marketing and advertising, sponsors

8.1 Advertising for the event is the responsibility of the organizer. Advertising measures on the premises, on the building or on walls, windows, pillars etc. require the prior written consent of the operator. This also applies to advertising by the organizer for third parties or third-party events within the venue.

8.2 The Organizer has no right to demand that the Operator's own or third-party advertising be removed, altered or restricted during the event. The Operator is entitled, in particular before the start of the event, during the interval and after the event, to display event previews and advertising via stationary and electronic media in the event rooms and the associated ancillary areas. This also applies if there is a competitive relationship with the organizer's advertising.

8.3 The Organizer must be named on all printed matter, posters, admission tickets and invitations in order to make it clear that a legal relationship is only established between the Organizer and the Participant and not between the Participant and the Operator.

8.4 When advertising the event and designing the intended advertising materials, the Organizer is obliged to consistently adhere to the Operator's corporate identity (e.g. logo), insofar as this is used. The Operator is entitled to require the Organizer to place the Operator's logo on the front of the admission tickets when designing the admission tickets, taking into account the requirements of Section 8.3. The corresponding templates for the Operator's corporate design and logo are provided by the Operator exclusively for this purpose.

8.5 The erection and placement of advertising boards or posters by the Organizer is only permitted on the basis of a separate agreement with the Operator (see Section 8.1). The organizer bears the duty to ensure public safety with regard to all advertising measures installed by him in the venue. This also includes the special duty to ensure safety in stormy wind conditions.

8.6 The Organizer shall indemnify the Operator against all third-party claims arising from the fact that the advertising material used by the Organizer to advertise its event - in the event calendar - on the website - on social media platforms (Instagram, TikTok, Facebook, etc.) - in newsletters, brochures, etc. - is used by third parties.) - in newsletters, brochures - newspapers, magazines and comparable media (digital and print) - on advertising materials and tickets - image and sound files as well as other content protected by trademark and labeling law (e.g. logos, advertising slogans) violate the rights of third parties, in particular copyrights, naming rights, trademark and labeling rights, competition rights, image and data protection rights, personal rights or other legal regulations. The indemnification obligation also extends to any costs incurred for warnings, court costs and legal proceedings.

8.7 Recordings of the venue and its facilities for commercial use as well as its logos and names may only be made or used with the express, prior written consent of the operator.

8.8 Image and sound recordings for the purpose of transmission, further dissemination or recording for all media and data carriers such as radio, television, internet, virtual and physical storage media must be approved in writing by the Operator in advance, regardless of whether they are made for a fee or free of charge.

8.9 The Operator is entitled to refer to the event in its event program, on all advertising media in the foyer and on the Internet, unless the Organizer objects in writing.

8.10 The Operator is entitled to make image and sound recordings of the event free of charge for the purpose of marketing the venue and to disseminate these, unless the Organizer objects in writing. Prior agreement shall be reached with the organizer.

§ 9 Management, merchandising, checkroom

9.1 The Operator and the catering companies contractually associated with the Operator have the sole right to provide catering services at the venues. In the case of closed events, the organizer must enable proper disposition, register any wishes regarding catering up to six weeks before the start of the event and coordinate these with the operator or the catering company. With the exception of catering for artists and performers, the organizer is not permitted to bring food and beverages into the venue itself or via a third party (caterer) unless the operator expressly grants permission to do so. The granting of permission may be made dependent on the payment of an appropriate fee (catering fee) and proof of the existence of a permit under catering law.

9.2 During the event, the organizer is only entitled to sell so-called event-related products such as program booklets and merchandising articles. For the use or construction of sales stands, exclusively at locations specified by the Operator or for sales outside the sales stands, the Organizer must obtain the prior written consent of the Operator, which the Operator shall grant against payment of a fee.

9.3 The management of the participants' checkroom is carried out by the Operator. The Operator shall decide whether or to what extent the checkroom shall be made available for the respective event. If the checkroom is managed, the participants must be instructed by the organizer to hand in the checkroom. The customary checkroom fee is to be paid by the participants in accordance with the posted tariff. Income from checkroom fees is used to cover the management costs. The operator is exclusively entitled to the income from checkroom management. No liability is accepted for valuables, money or keys in bags or handed in checkrooms.

9.4 To reduce security risks, there is a ban on carrying bags or rucksacks that exceed A4 format (21 cm x 29.7 cm) at all public events. In order to speed up the admission process, we ask all participants to inform us in good time. The organizer undertakes to print a note on the admission tickets regarding the bag ban. The imprint is mandatory. The organizer may reject tickets without the imprint as inadmissible.

9.5 In the case of non-public events, the organizer may request that the checkroom for participants be staffed in return for payment of the management costs. If the organizer does not commission the management of the checkrooms, the operator assumes no duty of care and custody for deposited checkrooms within the generally accessible checkroom areas. In this case, the organizer bears the sole liability risk for lost checkroom items and valuables belonging to the participants of its event.

§ 10 Service providers

All services, such as technology, cleaning, decoration, FM services, security, etc., for events of all kinds in the venue and on the associated outdoor area must be carried out exclusively with approved partners of the operator.

§ 11 Official permits, statutory reporting obligations, levies

11.1 The Organizer must comply with all official and statutory reporting, notification and approval obligations for the event at its own expense.

11.2 The organizer must comply with the relevant regulations in force at the time of the event, in particular those of the State Building Regulations, the Occupational Health and Safety Act, the Industrial Code, the Youth Protection Act and the accident prevention regulations of the employers' liability insurance associations, as well as the provisions of the NVStättVO.

11.3 For events that are to take place on Sundays or public holidays, the organizer is responsible for applying for exemptions in accordance with the law on Sundays and public holidays (Lower Saxony Public Holidays Act). This also applies to trade fairs and exhibitions and the associated exemptions. If the Organizer intends to hold its event on a Sunday or public holiday, it is recommended that it submit a preliminary inquiry to the competent authority before concluding the contract.

11.4 The Organizer shall bear the taxes arising from the staging of the event. For all artists commissioned by the organizer, the payment of any artists' social security contributions to the General Terms and Conditions for Events of Stadthalle Braunschweig Betriebsgesellschaft mbH / December 2023 7 Künstlersozialkasse and the payment of income tax and VAT for (foreign) artists with limited tax liability is also the sole responsibility of the organizer.

§ 12 Wireless networks/W-LAN

The organizer is not entitled to set up its own wireless networks or WLAN networks or to put WLAN access points into operation without the consent of the operator. If these networks are put into operation without permission, they may be taken out of service without prior notice. The right to assert claims for damages due to disruptions remains reserved.

12.2 Organizers who use the Internet connection (LAN or W-LAN) of the venue or make it available to their participants are responsible for ensuring that no misuse occurs, in particular through the infringement of copyrights, the distribution or downloading of protected or prohibited content or by visiting websites with criminally relevant content. If claims are made against the operator for violations by the organizer, its participants or other users "in the camp" of the organizer, the operator shall be indemnified by the organizer against all financial claims, including any legal costs.

§ 13 GEMA/GVL

13.1 The timely registration and payment of fees for the performance or reproduction of works protected by ancillary copyright with GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte) or GVL (Gesellschaft zur Verwertung von Leistungsschutzrechten mbH) are the sole responsibility of the organizer. The Operator may demand written proof of registration of the event with GEMA or GVL, written proof of invoicing by GEMA or GVL or written proof of payment of the fees to GEMA or GVL from the Organizer in good time before the event.

13.2 If the organizer is not prepared or not in a position to provide proof of payment of the fees, the operator may demand payment of a security deposit from the organizer in the amount of the GEMA or GVL fees expected to be incurred in good time and no later than 14 days before the event.

§ 14 Liability of the organizer, insurance

14.1 The Organizer is responsible for ensuring the safety of all equipment, structures, suspensions and decorations brought into the venue and for the safe running of its event.

14.2 The Organizer must return the venue to the Operator in the condition in which it was handed over by the Operator. The organizer is liable for all damages caused by him, his vicarious agents or by the participants of his event in connection with the event.

14.3 Event-related damages are within the Organizer's sphere of risk insofar as they are due to the nature of the event, its participants or the content or procedures of the event. In this respect, the organizer is also liable for damages caused by riots or as a result of demonstrations against the event or comparable events caused by the event.

14.4 In addition to personal injury and damage to the venue and its facilities, the scope of the Organizer's liability also includes damage caused by the fact that third-party events cannot be held or cannot be held as planned.

14.5 The Organizer shall indemnify the Operator against all third-party claims arising in connection with the event, insofar as these are attributable to the Organizer, its vicarious agents or participants. Any contributory negligence on the part of the Operator and its vicarious agents shall be taken into account on a pro rata basis. The responsibility of the Operator to ensure the safe condition and maintenance of the venue in accordance with § 836 BGB also remains unaffected.

14.6 The organizer is obliged to take out German organizer's liability insurance for the duration of the event, including setting up and dismantling the event. Proof of organizer liability insurance must be provided to the Operator no later than 14 days before the start of the event. The required minimum cover amounts are

- for personal injury 5,000,000 euros (in words: five million euros)

- 1,000,000.00 euros (in words: one million euros) for property damage, including damage to rented property and consequential damage.

The conclusion of the insurance does not limit the liability of the organizer in relation to the operator or third parties.

§ 15 Liability of the operator

15.1 The strict liability of the Operator for damages for hidden defects (Section 536 a (1), 1st alternative BGB) in the venue and its facilities upon conclusion of the contract is excluded. This does not affect the right to a reduction in charges due to defects, provided that the Operator is notified of the defect or the intention to reduce charges during the period of use of the venue if the defect is recognizable and can be remedied.

15.2 The Operator accepts no liability for loss of or damage to objects, equipment, structures or other valuables brought in by the Organizer, unless a paid or special safekeeping agreement has been made. At the request of the Organizer, a security company licensed in accordance with § 34a GewO may be commissioned to guard third-party property at the expense of the Organizer.

15.3 The Operator shall be liable for damages for property damage and financial loss suffered by the Organizer due to a grossly negligent or intentional breach of duty by the Operator or if the Operator has expressly assumed a guarantee for the services to be provided. Any further liability of the Operator for damages is excluded, with the exception of liability for personal injury and in the event of a breach of material contractual obligations (cardinal obligations). Cardinal obligations or essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the event contract and on whose compliance the contractual partner regularly relies and may rely, i.e. the essential contractual main obligations.

15.4 If the Operator is responsible for personal injury or the breach of cardinal obligations, the Operator shall also be liable in accordance with the statutory provisions, notwithstanding Section 15.3, in the event of a breach of duty due to simple negligence. However, in the event of a breach of cardinal obligations, the Operator's liability for damages in cases of simple negligence shall be limited to the foreseeable, contractually typical, direct average damage according to the type of contractual agreement. 15.5 The limitations of liability according to the above clauses 15.3 and 15.4 also apply in favor of the legal representatives and the vicarious agents of the Operator.

§ 16 Cancellation, withdrawal, extraordinary termination

16.1 If the Organizer fails to hold the event at the agreed time for a reason for which the Operator is not responsible, it shall be obliged to pay compensation for the loss in relation to the agreed usage fee. The same applies if the organizer withdraws from the event contract or terminates it extraordinarily without being entitled to an individually agreed or mandatory statutory right of termination or withdrawal. In such cases, the amount of the cancellation compensation shall be

- 20 % up to 12 months before the start of the event

- 40 % up to 9 months before the start of the event

- 60 % up to 6 months before the start of the event

- thereafter 80% of the agreed usage fees. The cancellation fee shall also be payable on a pro rata basis in the event of downsizing or partial cancellations.

16.2 Costs incurred as a result of the event cancellation for services already commissioned from third parties (security service, fire department, checkroom and toilet staff, technical equipment, etc.) shall be reimbursed by the Organizer on a case-by-case basis upon presentation of proof, unless they are included and shown in the usage fees pursuant to 16.1 or 16.2. Furthermore, the organizer must reimburse third parties for any costs incurred as a result of the cancellation of the event that they have incurred with regard to the planned event. This applies in particular to the catering tenant.

16.3 Cancellation, termination or withdrawal in accordance with sections 16.1 and 16.2 must be made in writing and must be received by the Operator within the specified deadlines. If the Operator has incurred a higher loss, it is entitled to present the loss in the corresponding amount instead of the lump-sum compensation and to demand compensation from the Organizer. The organizer is at liberty to prove that no damage or significantly less damage has been incurred or that the expenses are lower than the required compensation for cancellation. General Terms and Conditions for Events of Stadthalle Braunschweig Betriebsgesellschaft mbH / Status December 2023 9

16.4 If the Operator succeeds in making the venue available to a third party for a fee on a canceled date, the Organizer shall remain obliged to pay compensation in accordance with Sections 16.1 and 16.2, provided that the venue could have been made available to the third party on another event date within a similar period. If the transfer to a third party is a replacement event with a fixed date (e.g. New Year's concert), which, however, does not reach the cover amount of the original event, the organizer remains obliged to compensate the difference as damages.

16.5 The Operator shall be entitled to terminate the event contract extraordinarily or to withdraw from the event contract in the event of a breach of material contractual obligations by the Organizer, in particular if

a) the payments to be made by the organizer (usage fees, advance payments, security deposits, etc.) have not been paid on time,

b) proof of the conclusion and existence of the agreed organizer's liability insurance is not provided,

c) the official approvals or permits required for the event have not been obtained, d) the purpose of use specified in the event contract is significantly changed without the consent of the Operator,

e) the organizer has not expressly informed the operator upon conclusion of the contract that strongly polarizing political, radical or anti-Semitic content, artists or speakers are to be expected at the event, which require the preparation and coordination of a special security concept in accordance with § 43 para. 1 NVStättVO,

f) statutory regulations or safety and fire protection regulations are violated by the organizer,

g) the Organizer fails to comply with its statutory and official - only insofar as these are connected with the event - or contractually assumed notification, reporting and payment obligations towards the Operator or towards authorities or GEMA/GVL,

h) insolvency proceedings have been opened against the Organizer's assets or the opening of insolvency proceedings has been rejected for lack of assets and the Organizer or the insolvency administrator in its place fails to meet its obligations under the event contract or fails to do so in a timely manner.

16.6 If the Operator exercises its right of withdrawal for one of the reasons stated in Clause 16.6, the claim to payment of the agreed fees shall remain in force, but the Operator must take into account any expenses saved. #

16.7 Before declaring withdrawal or extraordinary termination, the Operator is obliged to set a deadline with a threat of refusal to the Organizer, insofar as the Organizer is in a position, taking into account the overall circumstances, to immediately eliminate the reason justifying withdrawal or extraordinary termination.

16.8 If the Organizer is an agency, the Operator and the agency shall have a special right of termination in the event that the Client withdraws or terminates the contract with the agency. This special right of termination can only be exercised if the Client assumes all rights and obligations from the existing event contract with the Operator from the Agency in full and provides appropriate security at the request of the Operator.

§ 17 Cancellation of events

In the event of a breach of essential event conditions, statutory regulations or official orders, the Operator may demand that the Organizer immediately vacate and surrender the subject matter of the contract. If the organizer does not comply with this request, the operator is entitled to have the premises cleared at the expense and risk of the organizer. In such a case, the organizer remains obliged to pay the full fee. Further claims against the organizer for damages remain unaffected.

§ 18 Force majeure

18.1 Force majeure is an external event that has a massive impact on the contractual relationship, which is unforeseeable according to human insight and experience and cannot be prevented or rendered harmless by economically acceptable means, even with the utmost care that can reasonably be expected in the circumstances.

18.2 If an event cannot be held on the agreed date as a result of force majeure, both parties shall be entitled to withdraw from the event contract if no agreement can be reached on the postponement of the event.

18.3 In the event of withdrawal or postponement in accordance with Section 18.2, the Organizer shall remain obliged to compensate the Operator for any expenses already incurred. These expenses include the costs of external services already commissioned and the costs incurred by the Operator in preparing for the event. These can be compensated at a flat rate of up to 25% of the agreed fees, irrespective of their actual amount, unless the organizer objects. If they are invoiced according to actual expenditure, there is no limit to the amount. Otherwise, both contracting parties shall be released from their payment and performance obligations.

18.4 The number of participants present and the cancellation of speakers, lecturers, artists and other participants in the event shall be at the risk of the Organizer. The latter also applies to external events affecting the event, such as demonstrations and threats, which are generally influenced by the nature of the event, its content and the media perception of the event. The Organizer is recommended to take out interruption and cancellation insurance for its event if it wishes to insure the associated financial risks accordingly.

18.5 The interruption or significant restriction of the energy supply to the venue, in particular due to interventions in the supply network and sovereign orders that are outside the operator's sphere of influence, shall be deemed equivalent to a case of force majeure. The assertion of claims for damages and the reimbursement of expenses are excluded for both contracting parties in such a case.

§ 19 Rights of set-off and retention

19.1 The Organizer shall only be entitled to rights of set-off and retention vis-à-vis the Operator if its counterclaims have been legally established, are undisputed or have been acknowledged by the Operator.

19.2 The same applies to rights of retention if the Organizer is a merchant, a legal entity under public law or a special fund under public law. If the Organizer does not belong to this group of persons, it shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

§ 20 Data processing, data protection

20.1 The Operator provides the Organizer with the property specified in the event contract for the purpose of holding events and provides event-related services through its own employees and contracted service providers. In order to fulfill the contractually agreed business purposes, the personal data transmitted by the Organizer to the Operator shall also be processed in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For its part, the Organizer is obliged to inform all data subjects whose data is transmitted to the Operator in the course of the planning and execution of the event about the purposes specified in sections 20.2 to 20.5.

20.2 Service providers for event-related services shall receive personal data of the Organizer and its contact persons authorized to make decisions from the Operator for the provision of their services, insofar as this is necessary for the execution of the contract or corresponds to the legitimate interests of the Organizer pursuant to Art. 6 para. 1 (f) GDPR. In addition, the Operator uses the Organizer's data for mutual information and communication before, during and after an event as well as for its own event-related offers.

20.3 Personal data of the organizer, the event manager and their contact persons authorized to make decisions may also be transmitted to the responsible bodies/authorities, in particular the police, the fire department, the public order office and the medical and rescue service, in order to coordinate the respective security concept for the event.

20.4 The Operator reserves the right to use the data of the Organizer and the contact persons designated by the Organizer as authorized to make decisions for its own marketing and advertising purposes in addition to the purposes specified in sections 20.1 to 20.3. The data subject has the right to object at any time to the processing of personal data for the purposes of marketing and advertising. In this case, the personal data will no longer be processed for these purposes. The objection can be made informally and should preferably be sent by email to info@stadthalle-braunschweig.de.

20.5 The Operator processes and stores all personal data that it receives from the Organizer for as long as is necessary for the fulfillment of contractual and legal obligations. This data is generally deleted by the Operator after five years in compliance with tax and commercial law regulations if the business relationship is not continued.

20.6 If a data subject does not agree with the storage or handling of his/her personal data or if this data has become incorrect, the Operator will arrange for the deletion or blocking of the data or make the necessary corrections in response to a corresponding instruction. For this purpose, the data subject can send an e-mail to info@stadthalle-braunschweig.de at any time. Upon request, the data subject will receive information free of charge about all personal data that the operator has stored about them.

§ Section 21 Place of jurisdiction, severability clause

21.1 The place of performance for all claims arising from the event contract is Braunschweig. The law of the Federal Republic of Germany shall apply.

21.2 If the Organizer is an entrepreneur or has no general place of jurisdiction in the Federal Republic of Germany, Braunschweig is agreed as the place of jurisdiction for all disputes arising from or in connection with this event contract.

21.3 Should individual clauses of these GTC, the event contract, the communication of safety-relevant data for the organization of events or the trade fair and exhibition regulations be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions of the German Civil Code (BGB).