General Terms and Conditions (GTC) Second Reef GmbH - Villa Events
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company “Second Reef GmbH, Hinterm Zwinger 14, 92637 Weiden (hereinafter referred to as ‘Second Reef’) apply to all contracts with customers for the rental of premises, the rental of furniture and services on the occasion of the aforementioned rental.
If, when placing an order, the customer refers to his own contractual conditions contrary to the reference to the applicability of these GTC and subsequently accepts services from Second Reef without objection, although these GTC were again referred to in Second Reef's order confirmation, the customer implicitly declares his consent to the inclusion of these GTC by accepting the service.
1.2 In the case of future contracts with customers, these GTCs, once included, shall also apply without further express reference to them.
1.3 Deviations from and additions to the order confirmation and these GTCs must be made in writing. This also applies to the waiver of these written form requirements in individual cases.
2. Conclusion of contract
Offers are non-binding and subject to change. A contract is only concluded with the written order confirmation from Second Reef.
3. Subject matter of the contract
Second Reef rents out premises in the “Villa” in Weiden, Hinterm Zwinger 14, 92637 Weiden.
3.1 The exact location of the premises as well as the duration of the transfer of use is subsequently agreed in the order confirmation. The rental of premises does not authorize access to other levels and rooms of the building that have not been rented. The customer shall inform his guests, suppliers, exhibitors etc. of this. Use by the customer presupposes that the customer has correctly stated the purpose of the event and its circumstances to Second Reef on the occasion of the rental and that the customer will subsequently maintain the purpose.
3.2 The rental of furniture takes place on the occasion of the room rental. The details are regulated in the order confirmation regarding the type, quantity, location and duration of the provision, as well as the price, unless reference is made to a Second Reef price list.
3.3 Second Reef offers services (e.g. service staff, event managers, sanitary and cleaning services, bar staff, etc., hereinafter referred to as “services”). The time, place and price are agreed in the order confirmation or the current price list.
3.4 A room rental agreement is a condition for the validity of the associated contracts (sections 3.2 to 3.4) unless an isolated conclusion of contract has been expressly agreed.
4. Terms of use
4.1 The rented premises in the “Villa” in Weiden are left to the customer as they are for the agreed use. Second Reef does not owe any optical or other changes, unless this is expressly agreed in the order confirmation. If the outdoor facilities cannot be used or can only be used to a limited extent for reasons for which Second Reef is not responsible (weather, etc.), this does not entitle the customer to reduce the agreed payments. Smoking is only permitted outside in the designated areas.
4.2 The customer is not entitled to sublet or independently transfer use to third parties.
4.3 Second Reef undertakes to leave the rented premises and furniture to the tenant in a safe, tidy and clean condition. The customer will not make any changes to the rented premises and the furniture, unless this has been expressly agreed in the order confirmation.
4.4 The customer is obliged to follow the instructions of Second Reef employees regarding the type and scope of use and safety and to instruct his guests to do so. Second Reef is entitled to demand access to the rented premises at any time. The domiciliary rights for the rented premises remain with Second Reef.
4.5 Access to the rental property is through the Weiden pedestrian zone and is subject to time restrictions. These must be expressly observed.
4.6 The customer assigns a responsible Second Reef contact person with the planning and execution of the event. This task is usually carried out by the Second Reef event manager. Payment is made in accordance with the order confirmation or price list.
4.7 It is expressly not possible to organize an event without the Second Reef event manager.
4.8 Second Reef will not tolerate any event with a party-political or ideological background that is likely to bring discord to the population of the region. Concrete indications of this on the part of the state justify an extraordinary right of withdrawal and termination for Second Reef. It is agreed that the letting of discord is a special reason for Second Reef and that in this case no warning from the customer is required before a withdrawal / termination.
4.9 The customer shall ensure that any performances, presentations, performances, etc. do not endanger third parties or Second Reef. Such events must always be coordinated with Second Reef in good time. Fireworks of any kind are completely prohibited on the entire premises.
5. Prices and terms of payment
5.1 The rental price for rooms and furniture is based on Second Reef's respective price list or the order confirmation and does not include any assembly and dismantling costs on the occasion of the return of rental items, which are not included in the rental price but will be charged additionally according to Second Reef's respective price list on a time basis.
5.2 Service Services are invoiced on a time and material basis in accordance with the price list or the order confirmation for the agreed time or the actual duration of the work performed, whichever is longer.
5.3 Second Reef is entitled to invoice any cleaning costs incurred at the prices in its price list.
5.4 All prices quoted by Second Reef are inclusive of VAT at the applicable statutory rate.
Terms of payment
Reservation fee: 1.000€. Once payment has been received, the reservation of the agreed date is binding. 3 months before the event a down payment of 50% of the estimated order volume, is to be paid within 7 days of receipt of the invoice.
A final invoice including the reservation fee and the deposit will be made after the end of the event and is due for payment within 7 days of receipt of the invoice.
Cancellation policy
Cancellation from signature up to 3 months before the event 100% of the reservation fee. 3 months to 4 weeks before the event 50% of the deposit, taking into account the reservation fee. 4 weeks before the event up to the day of the planned event, all services rendered up to that point, including the costs incurred and the costs for the entire basic package, but at least the entire deposit amount. If celebrations are prohibited due to legal regulations, a special right of termination applies.
6. Warranty for the rental / services
Second Reef guarantees for the duration of the rental period that the premises and the furniture are in a suitable condition for the contractually agreed use. Properties are only warranted if they have been expressly agreed in writing as “warranted properties”. Second Reef will remedy any defects immediately. If the elimination does not succeed despite second attempts and if the defects are significant, the customer is entitled to terminate the contract in question. A material defect is a defect that entitles the customer to terminate the contract for good cause. Such an extraordinary right of termination due to a defect also applies to other contracts for the same event of the customer. A claim for reimbursement of expenses requires the fulfillment of the legal facts. A claim for damages against Second Reef is excluded with the exception of cases of intent and gross negligence.
7. Liability
7.1 Second Reef, its bodies and vicarious agents are liable in the event of a breach of contractual obligations arising from tort or other legal grounds limited to cases of intent and gross negligence. In the case of essential contractual obligations (cardinal obligation), liability is also assumed for cases of simple, but not the slightest negligence, but limited to the amount of damage foreseeable for Second Reef at the time the order confirmation was sent.
7.2 The limitation of liability in this clause 7.1 and previously in clause 6 shall not apply to damages due to injury to life, physical integrity and health of humans.
7.3 Second Reef accepts no liability for items brought in by the customer or its suppliers, exhibitors and guests in the event of damage to property, burglary and theft or other unauthorized acts by third parties. The customer shall inform his guests, suppliers, exhibitors etc. of this. These risks should be insured by the customer.
7.4 The customer is responsible for the rented furniture from the time it is handed over to the customer until it is returned to Second Reef.
7.5 The customer is jointly and severally liable for any damage caused by their guests to Second Reef's property. It is therefore recommended that the customer insures the rented rooms and the rented furniture for the duration of use, including the times for assembly and dismantling.