1. General Rental Terms and Conditions of the Event Location NMY SPACES

1.1. These rental terms and conditions (AGB) apply to contracts for the rental of the event spaces NMY SPACES for the purpose of conducting events such as workshops, conferences, or offsites.

1.2. General terms and conditions or similar documents from the tenant that could replace, modify, or supplement these General Rental Terms and Conditions (AGB) are without legal effect, even if referenced by the tenant in any confirmation or business correspondence.

2. Conclusion of Contract

2.1. The contract is concluded by the tenant's acceptance of NMY SPACES' offer in written form.

2.2. NMY SPACES acts exclusively as a lessor within the scope of events held in its premises, never as an organizer. The customer is the tenant and also the organizer, and must clearly express this on all printed materials, posters, tickets, etc. NMY SPACES does not enter into contractual relationships with visitors. This is solely the responsibility of the tenant as the organizer.

3. Rent and Payment

3.1. The rent is based on the number of guests (employees of the tenant are also considered guests) and can be found in the NMY SPACES price list (Attachment). The agreed prices are net prices plus the applicable statutory value-added tax.

3.2. The rent may be adjusted by NMY SPACES if the tenant subsequently requests changes to the number of booked rooms, NMY SPACES' services, the number of participants, or the duration of the guests' stay. The same applies if such changes are made without the consent of NMY SPACES.

3.3. Invoices from NMY SPACES are due for payment within 7 days of receipt of the invoice without deduction. NMY SPACES reserves the right to declare outstanding claims due and demand immediate payment at any time.

4. Additional Rental Costs, Equipment, Catering

4.1. The rent includes the costs for heating, air conditioning, general room lighting, and electricity.

4.2. Upon request and for an additional fee, additional equipment (workshop kit, flipcharts, pin boards, high tables with covers, chairs, etc.) and additional services, especially catering, catering service staff, event management, and event technicians, can be booked.

4.3. The prices in our offer or price list apply to these services. For services not mentioned therein, industry-standard fees will be charged. If the services are external services that we commission, coordinate, or process (e.g., food, workshop materials, etc.), a handling surcharge of 15% will be added to the external invoice amount.

5. Use of the Leased Property

5.1. The leased property may only be used for the purpose contractually agreed upon. A visit by more than 70 persons is not permitted.

5.2. The use, subletting, or reletting of the provided rooms, areas, or inventory, as well as the invitation to and conduct of job interviews, sales, or similar events, require the prior written consent of NMY SPACES.

6. Security

6.1. It is the responsibility of the tenant to ensure a safe and smooth course of the event. The tenant bears all risks associated with the event, including pre- and post-event preparations. The tenant is responsible for the safety of the event and compliance with legal regulations and official requirements. This includes in particular the provisions of the Youth Protection Act, the Trade Regulation Act, and the Assembly Regulations, which the tenant must comply with and observe.

6.2. If dangers are expected from the event, the tenant must submit a security concept from a security company to NMY SPACES. This must show that there are no dangers to public safety and order and that the event can be carried out safely.

6.3. During operation, the tenant or their responsible event manager must be constantly present. They must familiarize themselves with the assembly and its facilities. It is clarified that all operator obligations according to §38V of the Model Assembly Ordinance are hereby transferred to the tenant.

6.4. In the event of serious dangers to public safety and order that cannot be remedied, the tenant must cancel the event after consultation with NMY SPACES. This applies in particular if systems, facilities, or devices necessary for safety are not operational or if operational regulations cannot be complied with.

7. Tenant's Liability

7.1. The tenant must treat the leased premises and items carefully and properly and return them in proper condition and complete, including any keys, equipment, and facilities provided. NMY SPACES reserves the right to document the handover or acceptance of the object by means of a protocol.

7.2. If the tenant fails to fulfill their duty of care or if their employees and other agents fail to fulfill their duty of care, they are liable to NMY SPACES for damages resulting from this. This applies in particular in the event of damage to the leased property. If the leasing of the property is hindered by damage to the leased property, the tenant is liable for the resulting loss of rent and any recourse claims from subsequent tenants. In case of dispute, the tenant must prove that they are not responsible for the breach of duty.

7.3. If persons other than those mentioned in paragraph 2, especially visitors, cause damage to NMY SPACES, the tenant is liable to NMY SPACES for damages if they are at fault.

7.4. The tenant is obliged to take out event liability insurance with at least the following coverage:

  • Euro 1.54 million for personal injury,
  • Euro 512,000 for property damage,
  • Euro 250,000 for financial losses.

7.5. The tenant must prove to NMY SPACES the conclusion of such insurance one week before the start of the event by presenting the insurance policy. Otherwise, NMY SPACES will conclude the necessary insurance at the tenant's expense or, after fruitless setting of a deadline, declare termination of the contract.

8. Liability of NMY SPACES

8.1. NMY SPACES provides the rental premises to the tenant in proper condition at the agreed time. If defects exist in the leased property, NMY SPACES will remedy them immediately upon becoming aware of them. If this is not possible, the tenant is entitled to a corresponding reduction in rent.

8.2. Further claims for damages – regardless of whether they arise from rental liability for defects, from tortious acts, or from any other legal basis – can only be asserted against NMY SPACES if it acted intentionally or with gross negligence. This also applies in particular to defects that already existed at the time this rental agreement was concluded; the liability of NMY SPACES regardless of fault according to § 536a of the German Civil Code (BGB) is expressly excluded.

8.3. However, the liability limitations according to paragraph 2 sentence 1 do not apply if rental defects or other liability-relevant facts have led to damage to life, body, health (personal injury) or if there is a breach of essential contractual obligations (cardinal obligations) on the part of the lessor. In this case, NMY SPACES is also liable for slight negligence.

8.4. Except in cases of intent or gross negligence, NMY SPACES assumes no liability for items brought in by the tenant, their employees, and suppliers.

9. Cancellation of the Contract

9.1. The concluded contract is binding for both parties. Unilateral termination is excluded. Termination of the contract is only permissible under exceptional circumstances as specified in the following paragraphs.

9.2. NMY SPACES may withdraw from the rental agreement after prior fruitless setting of a deadline if:

  • the tenant has not provided evidence of event liability insurance,
  • the event causes a disturbance to public safety and order, or there is a reasonable probability of such disturbance based on facts,
  • the agreed purpose of use is significantly changed,
  • official approvals are not obtained, statutory regulations, especially those outlined in the regulations governing event venues, are violated, or official requirements are not adhered to.

9.3. The following cancellation conditions apply:

  • Cancellation up to 60 business days before the event date: free of charge
  • Cancellation 59 to 43 business days before the event date: 30% of the total amount
  • Cancellation 42 to 30 business days before the event date: 50% of the total amount
  • Cancellation 29 to 15 business days before the event date: 75% of the total amount
  • Cancellation from 14 days before the event date: 90% of the total amount.

Cancellation must be made in text form at least. If NMY SPACES has incurred additional expenses up to the cancellation, it may charge these costs to the tenant upon proof. The tenant has the right to demonstrate that NMY SPACES has suffered little or no damage. Upon request, NMY SPACES will provide the tenant with corresponding information.

9.4. If the event is canceled due to force majeure, either party may withdraw from the contract. In this case, the obligations to provide use and make rental payments are waived. Each party shall bear the expenses incurred up to that point. Force majeure does not include the absence of participants, artists, adverse weather conditions, or unexpectedly low pre-sale ticket numbers for any reason.

10. Changes to the Number of Participants and the Event Time

10.1. Changes regarding the already booked number of participants must be communicated to NMY SPACES in writing no later than 5 working days before the start of the event and require the written approval of NMY SPACES. The actual number of participants will be used for billing purposes.

10.2. If the number of participants is significantly changed, there is a possibility that the desired catering services may no longer be provided or that other forms of provision may no longer be guaranteed, unless NMY SPACES has agreed to the change.

10.3. If the agreed start or end times of the event are postponed and NMY SPACES agrees to these deviations, NMY SPACES reserves the right to invoice the additional service commitment appropriately, unless NMY SPACES is responsible for the postponement. If the agreed end times of the events are postponed and NMY SPACES has to accommodate other customers in a different event space due to the delayed evacuation, the tenant bears all resulting costs. This does not affect any additional claims for damages by NMY SPACES.

10.4. For events that exceed the regular opening hours, NMY SPACES may, unless otherwise agreed, charge for personnel costs from that point onwards.

11. House Right

11.1. NMY SPACES holds the sole right of admission in all rented premises and on the event premises and delegates it to authorized individuals. In exercising this right, the legitimate interests of the tenant are taken into account, especially those rights granted to them under this contract.

11.2. The general code of conduct for visitors and other participants is outlined in the attached house rules, which constitute an integral part of the General Terms and Conditions (GTC).

House Rules

  1. Prohibited actions include:

    • Bringing animals into the rented premises.
    • Smoking inside the premises, stairwells, and entrance area.
    • Conducting any commercial activities outside the rented premises, including direct sales.
    • Conducting visitor surveys outside the rented premises.
    • Displaying any kind of advertisement outside the rented premises.
    • Causing any form of contamination to the rented premises, the rest of the building, and the premises.
    • Unauthorized or obstructive parking of motor vehicles, trailers, or other obstacles.
    • Entering areas not expressly rented or otherwise not designated for traffic.
    • Creating excessive noise inside and especially outside the rented premises, harassing other tenants, and staying outside the rented premises for extended periods
    • Any other behavior likely to disturb the peace and order within the building and the entire premises or to adversely affect the outward appearance.
  2. Productions for TV, video, and new media, as well as photographing our facilities, even for private purposes, are only permitted with our prior explicit consent.

  3. Inventory and other facilities of the rented premises must not be removed from them.

  4. Any technology and facilities not explicitly rented must not be used. Some facilities may only be used in the presence of NMY SPACES personnel.

  5. Items found within the premises must be properly stored and surrendered upon return of the rented property.

  6. NMY SPACES holds the right to exercise house rules within the premises and the entire property.

  7. In case of violations of these house rules, NMY SPACES reserves the right to take appropriate measures. In cases of serious violations, this may include expulsion from the premises, temporary or permanent prohibition from the premises, and exclusion from the event.

12. Text Form, Severability Clause

12.1. Only agreements made in written or electronic form are binding for the contractual relationship. Changes and additions also require at least written form. This also applies to the revocation of this clause.

12.2. Should a provision of the contract be invalid, this does not affect the validity of the remaining contract. The invalid clause will be replaced, to the extent possible, by the corresponding statutory provision.

Attachment: NMY SPACES Price List

Frankfurt am Main, 01.01.2024