General terms and conditions of business
For the event location Kiez. Operated by Space P5 GmbH.
1. Subject of the general terms and conditions
The subject of these general terms and conditions (GTC) is the provision of event rooms and workshop areas as well as the provision of other services agreed in connection with the implementation of events by the event location Kiez - Workshop and Event Hall, hereinafter referred to as "Kiez".
2. Obligations of the client
2.1 Number of participants for event rooms and workshop areas
The client and the Kiez agree on the anticipated number of event participants in the order confirmation. The client must inform the Kiez of the final number of participants (agreed number of participants) as early as possible.
The costs for a reduction in the number of participants are calculated as follows:
- Up to 30 days before the event: free reduction in the number of participants.
- Between 10 and 30 days before the event: free reduction in the number of participants of a maximum of 20%
of the originally agreed number of participants.
– Between 3 and 9 days before the event: Free reduction in the number of participants of a maximum of 10% of the originally agreed number of participants.
If the actual number of participants is subsequently smaller, the agreed number of participants is the basis for billing;
If the actual number of participants is higher, the actual costs incurred will be invoiced. If the actual number of participants is higher than the stated agreed number of participants, Kiez does not guarantee that all guests will be taken into account. In the event of cancellation of the event, Kiez reserves the right to issue an invoice as described in point 2.5. Any third-party costs incurred (e.g. rental of technical material) are borne by the client.
2.2 Payment conditions
The remuneration is due for payment without any deductions within 30 (thirty) days of invoicing. Kiez is entitled to demand an amount of 100% of the expected remuneration as an advance payment from the client upon signing the order confirmation or by agreement. The advance payment amount will be credited to the invoice in full - but without interest.
The Kiez does not send invoices abroad. For clients based/residing abroad, up to 100% of the expected turnover will be invoiced as an advance payment. The final invoice is issued at check-out. In the event of late payment, the processing costs incurred will be invoiced additionally.
2.3 Invoicing
Invoices are issued exclusively in Swiss francs (CHF). Kiez invoices without a due date are deemed to be due and are payable within 30 calendar days of the invoice date without deductions. However, the Kiez is also entitled to demand immediate payment.
According to the Federal Tax Administration, subsequent changes to the invoice are not permitted after payment has been made.
2.4 Liability
If the client is not also the organizer, the organizer must sign the order confirmation and is therefore also considered the client vis-à-vis the Kiez. In particular, the organizer is jointly and severally liable with the client for the entire remuneration. This liability extends to additional services provided by the event participants, unless direct payment has been expressly agreed.
2.5 Cancellation by the client
If the event is cancelled for reasons attributable to the client, the client undertakes to reimburse the following costs:
2.5.1 For bookings of event rooms and workshop areas (according to order confirmation)
Private celebration/family event (24 hours):
Cancellation up to 7 days before the event is free of charge.
If cancelled less than 7 days before the event: room rental will be charged.
Business event/workshop/event (12 hours, 24 hours or more):
Cancellation up to 14 days before the event is free of charge.
If cancelled between 14 and 10 days before the event: room rental will be charged.
If you cancel less than 2 days before the event: the room rental fee and 100% of the lost food or bar sales will be charged.
Public event, exhibition, market, POS event (24 hours or more):
Cancellation up to 30 days before the event is free of charge.
If you cancel between 30 and 21 days before the event: the room rental fee will be charged.
If you cancel between 21 and 14 days before the event: the room rental fee and 50% of the lost food or bar sales will be charged.
If you cancel less than 7 days before the event: the room rental fee and 100% of the lost food or bar sales will be charged.
3. Start and end of the event
The start and end of the event are agreed in the order confirmation. Subsequent changes to the agreed times require the consent of the Kiez.
4. Option dates
Option dates are binding for both parties. The Kiez is entitled to use the reserved event rooms and workshop areas for other purposes after the option period has expired.
6 Liability for damages
6.1 Losses and damages
The client is liable to the Kiez for losses and damages caused by its employees and/or event participants.
6.2 Use of decorative materials and electronic equipment
No additional decorative materials and electronic equipment may be used without the express consent of the Kiez. The client is responsible for ensuring that the decorative materials and electronic equipment used by them with the consent of the Kiez comply with fire regulations. Liability towards the fire department lies with the client. Decorative materials and electronic equipment brought by the client must be picked up (or disposed of) immediately after the end of the event. Decoration material that is not picked up will be disposed of by the Kiez at the client's expense.
6.3 Rejection of liability for items brought in
The Kiez rejects any liability for loss of or damage to items brought in by the client or by the event participants.
7. Reimbursement of expenses
If the Kiez procures technical equipment or other services from third parties for the client, it acts on behalf of and for the account of the client. The client undertakes to reimburse the Kiez for all expenses and expenditure that the Kiez has made in the correct execution and to release the Kiez from the liabilities incurred. The client is liable for careful handling and proper return of the technical equipment rented on his behalf.
8. Warranty
Faults in the technical equipment provided by the Kiez will be remedied by the Kiez's technical service and do not entitle the client to a reduction in the fee. If a fault cannot be remedied, the fee is reduced by the amount of the rental for the technical equipment. Further claims are expressly excluded.
9. Drinks
Drinks are generally to be purchased from Kiez. In exceptional cases and with the consent of Kiez, the client can transfer the catering and drinks to a third party. In this case, Kiez is entitled to a service fee.
The service fee is the subject of a separate agreement.
10. Withdrawal by Kiez
10.1
If the customer's right of withdrawal within a certain period of time has been agreed in writing, Kiez is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal when asked by Kiez.
10.2
If the advance payment is not made even after the expiry of a reasonable grace period set by Kiez with a threat of rejection, Kiez is entitled to withdraw from the contract.
10.3
Furthermore, the Kiez is entitled to withdraw from the contract for objectively justified reasons, for example if:
- Force majeure or other circumstances beyond the control of the Kiez make the fulfillment of the contract impossible;
- Events are booked with misleading or false information about essential facts, e.g. the organizer or purpose;
- The Kiez has reasonable grounds to believe that the use of the service could endanger the smooth running of the business, the security or the reputation of the Kiez in the public eye, without this being attributable to the Kiez's area of ​​control or organization.
10.4
The Kiez must inform the organizer immediately of the exercise of the right of withdrawal.
10.5
The organizer has no claim for damages against the Kiez, except in the case of intentional or grossly negligent behavior on the part of the Kiez.
11. Applicable law and place of jurisdiction
This contractual relationship is subject exclusively to Swiss law. The parties agree that the place of jurisdiction is Zurich. The event location Kiez reserves the right to change the terms and conditions. Terms and conditions as of: Zurich, November 14, 2024.