General terms and conditions of business
For the Kiez event location. 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 spaces and workshop areas, as well as the provision of other services agreed upon in connection with the implementation of events, by SpaceP5 GmbH and its event location, the Kiez, hereinafter referred to as "Kiez."
2. Obligations of the Client
2.1 Number of Participants for Event Spaces 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.
Between 3 and 9 days before the event: Free reduction of the number of participants by a maximum of 10% of the originally agreed number.
If the actual number of participants is subsequently lower, the agreed number of participants shall be used as 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, Kiez does not guarantee that all guests will be accommodated. In the event of cancellation of the event, Kiez reserves the right to invoice as described in section 2.5. Any third-party costs incurred (e.g., rental of technical equipment) shall be borne by the client.
2.2 Payment Terms
The fee is due without any deductions within 30 (thirty) days of invoicing. Kiez is entitled to request an advance payment of 100% of the estimated fee from the client upon signing the order confirmation or by agreement. The advance payment will be credited to the invoice in full – but interest-free.
Kiez does not send invoices abroad. For clients based/resident abroad, up to 100% of the expected revenue will be invoiced as an advance payment. The final invoice is generally issued after the event. In the event of late payment, any processing costs incurred will be invoiced additionally.
2.3 Invoicing
Invoices are issued exclusively in Swiss francs (CHF). Invoices from Kiez without a due date are considered due and are payable within 30 calendar days of the invoice date without deductions. However, Kiez also reserves the right to demand immediate payment.
According to the Federal Tax Administration, subsequent changes to an invoice are not permitted after payment has been made.
2.4 Liability
If the client is not also the event organizer, the event organizer must sign the order confirmation and is thus also considered the client vis-à-vis Kiez. In particular, the organizer is jointly and severally liable with the client for the entire fee. This liability extends to additional services purchased by the event participants, unless direct payment has been expressly agreed upon.
2.5 Cancellation by the client
If the event is canceled for reasons attributable to the client, the client undertakes to reimburse the following costs:
Purchases already made by the landlord as a result of the event must be paid for by the client. The following terms and conditions apply to cancellations:
2.5.1 For bookings of event spaces and workshop areas (according to the order confirmation)
Private celebration/family event (24 hours):
Cancellation up to 7 days before the event is free of charge. For cancellations less than 7 days before the event: the room rental fee will be charged.
2.5.2 Business event/workshop/event (12 hours, 24 hours, or more):
Cancellation up to 14 days before the event is free of charge. For cancellations from the 14th to the 10th day before the event: the room rental fee will be charged. For cancellations less than 2 days before the event: the room rental fee and 100% of the lost food or bar sales will be charged.
2.5.3 Public event, exhibition, market, POS event (24 hours or more):
Cancellations up to 30 days before the event are free of charge. For cancellations from the 30th to the 21st day before the event: the room rental fee will be charged. For cancellations from the 21st to the 14th day before the event: the room rental fee and 50% of the lost food or bar sales will be charged. For cancellations less than 7 days before the event: the room rental fee and 100% of the lost food or bar sales will be charged.
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2.6 Verbal Agreements
The articles defined in the Swiss Civil Code apply to verbal agreements relating to events. "The conclusion of a contract requires the mutual consent of the parties." If an event is held without a written contract, the agreement is deemed mutual as described in the Swiss Civil Code. Therefore, the client accepts the order confirmation according to previously defined parameters. If the contract is concluded only verbally, these General Terms and Conditions shall apply.
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3. Start and End of the Event
The start and end of the event will be agreed upon in the order confirmation. Subsequent changes to the agreed times require the approval of the Kiez.
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3.1 Handover of the Premises after the End of the Event
The client and the landlord agree on the handover of the premises and the key after the end of the event. If the premises are not handed over to the satisfaction of the landlord, all additional expenses will be charged (see section 9). The landlord reserves the right to invoice for the time between the agreed handover time and the actual handover of the premises and the key.
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4. Optional Dates
Optional dates are binding for both parties. The Kiez is entitled to use the reserved event spaces and workshop areas for other purposes without further notice after the option period has expired.
5. Liability for Damages
5.1 Losses and Damages
The client is liable to the Kiez for losses and damages caused by its employees and/or event participants.
5.2 Use of Decoration Materials and Electronic Equipment
No additional decoration materials or electronic equipment may be used without the express consent of the Kiez. The client is responsible for ensuring that the decoration materials and electronic equipment used with the approval of the Kiez comply with fire regulations. Liability to the fire department lies with the client. Any decorative materials and electronic equipment brought by the client must be picked up (or disposed of) immediately after the event. Uncollected decorative materials will be disposed of by the Kiez at the client's expense.
5.3 Disclaimer of Liability for Items Brought to the Client
The Kiez disclaims any liability for loss of or damage to items brought by the client or event participants.
6. 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 expenses incurred by the Kiez in proper execution and to release the Kiez from any liabilities incurred. The client is responsible for the careful handling and proper return of the technical equipment rented on its behalf.
7. Warranty
Malfunctions in the technical equipment provided by the Kiez will be remedied by the Kiez's technical department and do not entitle the client to a reduction in the fee. If a malfunction cannot be resolved, the fee will be reduced by the amount of the rental fee for the technical equipment. Further claims are expressly excluded.
8. Beverages
Beverages must generally be purchased from the Kiez. Exceptionally, and with the consent of the Kiez, the client may outsource catering and beverages to a third party. In this case, the Kiez is entitled to a service fee. The service fee is subject to a separate agreement and includes corkage.
9. Cleaning
The client is generally responsible for cleaning. Alternatively, the landlord may come up for cleaning in return for a fee, provided this has been agreed upon in the contract (this is generally also defined in the offer). If the cleaning effort exceeds the two-hour cleaning time, the tenant will be billed for the subsequent cleaning based on the time spent. The hourly rate for additional cleaning is CHF 70 per hour. A penalty fee of CHF 200 will be charged for improper disposal of glass, aluminum, PET, and other recyclable materials.
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10. Withdrawal by the Kiez
10.1
If the customer's right of withdrawal within a certain period of time has been agreed in writing, the 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 their right of withdrawal upon inquiry from the Kiez.
10.2
If the advance payment is not made even after the expiration of a reasonable grace period set by the Kiez with a
threat of rejection, the 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 Kiez's control make fulfillment of the contract impossible;
Events are booked under misleading or false information regarding essential facts, e.g., the organizer or purpose;
The Kiez has reasonable grounds to believe that the use of the service could jeopardize the smooth operation of the Kiez's business, its security, or its public reputation, without this being attributable to the Kiez's sphere of control or organization.
10.4
The Kiez must immediately notify the organizer of the exercise of its right of withdrawal.
10.5
The organizer shall not be entitled to claim damages from the Kiez, except in cases of intentional or grossly negligent conduct on the part of the Kiez.
11. Applicable Law and Place of Jurisdiction
This contractual relationship is governed exclusively by Swiss law. The parties agree that Zurich shall be the place of jurisdiction. SpaceP5 GmbH reserves the right to amend these Terms and Conditions.
Terms and Conditions as of: Zurich, November 14, 2024.
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