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Website Terms and Conditions of Use
1. Terms
By accessing this Website, accessible from https://panam-hotel.de/, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.
These Terms of Service has been created with the help of the Terms of Service Generator and the Privacy Policy Template.
2. Use License
2.1
Permission is granted to temporarily download one copy of the materials on Westblick GmbH’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose or for any public display;
attempt to reverse engineer any software contained on Westblick GmbH’s Website;
remove any copyright or other proprietary notations from the materials; or
transferring the materials to another person or “mirror” the materials on any other server.
This will let Westblick GmbH to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
2.2
If the customer's acceptance of the offer deviates from provisions in Westblick's offer, the effective agreement of such deviating provisions requires that they are expressly confirmed by Westblick in writing, by fax or by e-mail. This applies in particular also to agreements made (remotely) orally and/or subsequently with regard to an offer and the performance of a concluded contract.
2.3
Unless expressly agreed otherwise, the subject matter of a contract concluded between Westblick and the customer is not the holding of an event by Westblick, but solely the provision of the agreed services by Westblick for the purpose of and in connection with the holding of a non-public event by the customer. If, as part of the services to be provided and/or procured and/or arranged by Westblick, services are also the subject matter of the contract (e.g. catering services (food and/or beverages)), Westblick is not obliged to provide such services. (e.g. catering services (food and/or beverages), service and/or work personnel services, musical/artistic services and the like), such services, including any associated delivery of goods, shall be provided by third parties commissioned by Westblick; in such case Westblick shall be solely responsible for the procurement and provision of such services within the agreed time periods, to the agreed extent and, unless otherwise agreed, of average quality.
2.4
Westblick is entitled to change individual agreed services insofar as such changes become necessary for the performance of the contract after the conclusion of the contract and are reasonable for the customer. If an artistic performance is part of the contract and the artist named in the contract cancels his performance after receipt of the offer or does not appear at the event in question, Westblick is entitled to organise a substitute of equal value. This shall not apply in the event that Westblick has given a guarantee for the appearance of the artist named in the contract.
Westblick will inform the customer without delay of any such necessary changes in performance.
3. Prices and terms of payment / possible cancellation in the event of missing progress payments
3.1
The offer prices are net prices plus value added tax at the statutory rate applicable on the date of invoicing and apply only to the type and scope of services which are the subject of the relevant offer; if the agreed content and/or scope of services deviates from that for which the prices were calculated with the original offer, Westblick is entitled to charge prices for the provision of services corresponding to the change.
3.2
Invoices for services rendered are due and payable immediately. Westblick is entitled to invoice partial services and service sections by interim or partial invoices and to demand advance payments.
As a rule, Westblick will invoice the customer for 40% of the commissioned budget (rent and services, equipment, etc.) after conclusion of the contract and for a further 40% of the budget commissioned up to that point approximately one month before the event covered by the contract ("progress invoices"). Insofar as the customer owes the invoiced amounts and nothing to the contrary has been agreed, partial invoices are to be paid within ten days of receipt.
If the customer does not pay the invoices received within a grace period of at least one week set by Westblick, Westblick shall be entitled to terminate the relevant contract for cause, provided that Westblick has notified the customer of this possibility when setting the grace period. If Westblick terminates the contract after such grace period has expired without result, Westblick shall be released from the provision of the contractual services and may assert the claims against the customer which may be charged to the customer pursuant to sections 5 ("Withdrawal / Termination") and 6 ("Cancellation of the event by the customer / 'Cancellation'") of these GTC.
Unless otherwise agreed in individual cases, Westblick shall invoice the remaining 20 % of the commissioned budget, plus any price adjustments to which Westblick is entitled as a result of a subsequent change in the content and/or scope of the services, after the event has been held by way of a final invoice.
3.3
If the customer does not pay or does not pay in full an amount justifiably invoiced within 30 days of receipt of the invoice, the customer shall be in default of the relevant payment without any further reminder. This shall apply to customers who have concluded the relevant contract as consumers within the meaning of § 13 BGB (German Civil Code), i.e. for purposes which can predominantly be attributed neither to their commercial nor to their independent professional activity, only if they have been advised of this legal consequence with the relevant invoice.
3.4
Unless otherwise agreed, the commissioning of third parties shall be in the name and for the account of Westblick. In this case, Westblick shall not be obliged to render accounts for the services rendered by third parties on its behalf or to submit accounts of the persons commissioned by it.
3.5
Services not estimated in the offer which are carried out at the request of the customer or additional expenses which are caused by incorrect information or other deficient cooperation of the customer and/or by preliminary services of third parties which are not carried out on time or in a professional manner, insofar as such third parties have not acted as vicarious agents of Westblick, shall be additionally invoiced to the customer in accordance with the current remuneration rates of Westblick.
4. Responsibility and duties of the client
4.1
The customer shall provide Westblick with all information necessary for the performance of the contract without delay. Delays resulting from a lack of cooperation by the customer shall not be to the detriment of Westblick.
4.2
The subject of the contract is exclusively the event described in more detail in the offer and communicated by the customer in advance. The customer shall inform Westblick immediately of any change in the event, the occasion or the purpose of the event. In this case, however, Westblick reserves the right to assert the restrictions necessary to protect its legitimate interests and to make use of the rights or claims described in more detail in clause 6 of these GTC.
4.3
The customer shall inform Westblick of the final number of participants at the latest 10 working days before the start of the event. A reduction of the actual number of participants from the number provided for in the offer by a maximum of 10 % will be taken into account by Westblick in the final invoice, provided that notification of the reduced number of participants has been made in good time. Further increases or reductions in the number of participants which do not comply with the above provisions shall only be taken into account at Westblick's due discretion. An increase in the number of participants is only possible within the material and spatial capacities of Westblick with its consent. In the event of an increase, unless otherwise agreed, the final invoice will be based on the actual number of participants. Should an increase in the number of participants require an increase in the number of staff initially calculated when the contractual number of participants was determined, Westblick shall be entitled to claim a corresponding remuneration surcharge.
4.4
As the organiser of the event for the purpose of which it wishes to use the premises as well as any equipment and further services on the basis of the contract with Westblick, the customer is responsible for the course of the event and the participants therein, in particular for safety and compliance with the regulatory provisions to be observed at events. The customer shall be assigned by Westblick the duties resulting from Section 38 paragraphs 1 to 4 of the Ordinance on Places of Assembly ("VStättVO") with respect to the customer's event. In particular, the customer shall observe and comply with relevant official regulations for volume control within the scope of its event. Upon Westblick's request, the Customer shall provide Westblick with evidence of the granting of any official exemptions required for the staging of its event.
Without prejudice to Westblick's warranty of due performance and its liability under these General Terms and Conditions, the customer shall indemnify and hold Westblick harmless from and against any and all claims of third parties, in particular from participants in the customer's event, local residents and public authorities, which such third parties may assert against Westblick in connection with the customer's event due to a breach of obligations incumbent on the event organiser. This obligation to indemnify and hold harmless also includes reasonable costs of legal defence.
4.5
The customer shall ensure that the premises or objects provided to it in connection with the event are treated with care and that damage is avoided. Westblick points out that the historical building Eden-Haus and its equipment require special care. All activities, including the bringing of equipment into the premises by the customer and any assembly and dismantling work required for this purpose, must therefore be agreed and coordinated with Westblick in advance, insofar as they do not already result from the content of the contract. Assembly and dismantling work in the premises carried out by the Customer or by third parties commissioned by the Customer for this purpose shall always be carried out in compliance with all protective regulations under public law and in strict observance of justified interests under neighbouring law.
4.6
If the customer intends to play music in public at his event, it is his responsibility as the organiser to obtain any necessary rights for this, in particular to make any necessary registrations with GEMA, and to pay the remuneration or fees incurred for this directly. If the customer plans to have artists perform at the event, it is the customer's responsibility to pay any contributions to the Künstlersozialkasse (KSK). Upon request, the customer shall provide Westblick with evidence of the obtaining of such rights as may be required for the performance of its event as well as the payment of such fees and/or remuneration and/or contributions, if any, prior to the commencement of the event. Should Westblick be held liable by rights holders, in particular GEMA, and/or social security institutions, in particular KSK, as a result of the public reproduction of music and/or the performance of artists in the context of the Customer's event, the Customer shall indemnify and hold Westblick harmless from and against any and all such claims. This obligation to indemnify and hold Westblick harmless also includes reasonable costs of legal defence in such cases.
4.7
The customer is not permitted to bring his own food and drinks to the booked events, unless a special agreement has been made in this respect. The same applies to the sale of goods.
4.8
The instructions of the personnel commissioned by Westblick must be followed. The customer shall appoint a representative in advance of the event who will be present throughout the event and who can be contacted by Westblick.
4.9
After the event covered by the contract has been held, the rooms, items and equipment provided for use are to be returned to Westblick in perfect condition. Any items brought along must be removed by the customer immediately after the end of the event. The customer (organiser) undertakes to take out adequate organiser's liability insurance for the event and shall provide Westblick with evidence thereof upon request.
4.10
Any sub-letting or re-letting of the premises and space made available to the Customer shall always require the prior written consent of Westblick.
5. Withdrawal / Termination
5.1
Westblick shall be entitled to withdraw from the contract for good cause or to terminate the contract after the premises have been made available. Such good cause shall also be deemed to exist if the customer fails to meet its payment obligations in respect of agreed instalment payments even within a grace period set for this purpose, see clause 3.2 above.
5.2
If Westblick becomes aware of a change in the type of event agreed between the contracting parties or in the occasion or purpose of the event agreed or on which the contract is based which has not been agreed with Westblick, or if the customer has concluded the contract with misleading or false information or by concealing material information, or if there are reasonable grounds to believe that the smooth operation of the business, the safety or the public image of Westblick will be impaired by the event. If the customer has brought about the conclusion of the contract by providing misleading or false information or by concealing material information, or if there are reasonable facts indicating that the smooth operation of the business, the safety or the public reputation of Westblick could be endangered by the event for reasons for which Westblick is not responsible, Westblick shall be entitled to rescind the contract immediately for good cause.
5.3
If the performance of the contract has become impossible or unreasonably difficult for Westblick as a result of force majeure or other circumstances for which Westblick is not responsible (e.g. strike, power failure, civil unrest, failure of its own supply through no fault of SSE or official measures for which Westblick is not responsible), Westblick is entitled to withdraw from the contract if an adjustment of the contract is also not possible or reasonable. In all other respects, Westblick shall be released from its obligation to perform for the duration of any impediment to performance resulting therefrom plus a reasonable start-up period after such impediment ceases to exist.
In such cases, Westblick will immediately notify the customer of the reasons for the hindrance by telephone, fax or e-mail, if necessary through authorised persons.
5.4
If Westblick terminates a contract for a reason consisting of a circumstance for which the customer is responsible, Westblick's right to claim damages in that case shall remain unaffected by the termination.
5.5
Reasons which originate from the customer's sphere of risk and prevent the customer from using the agreed services of Westblick (e.g. illness, discontinuation of the event, unsuitable weather conditions at the customer's events (also) in the open air or similar) do not regularly constitute such an important reason which entitles the customer to terminate the contract without notice.
5.6
The right of the contracting parties to terminate a contract for good cause in the cases provided for by law shall remain unaffected by these provisions.
6. Cancellation of the event by the client / "Cancellation".
6.1
The contracts concluded between the customer and Westblick in relation to a specific event of the customer for the temporary provision or use of the premises, including equipment if applicable, as well as the use of further services in this context, are each rental or use and service contracts concluded for a fixed period of time and thus limited in time, which as such can generally only be terminated prematurely by the contracting parties by termination without notice for good cause (see clause 5 above). In other cases, where there is no reason entitling the customer to terminate the contract, the customer may terminate the contractual relationship or cancel the event ("cancel") by notifying Westblick in writing, irrespective of any (contributory) fault on its part, in accordance with the following provisions in clauses 6.2 to 6.4.
6.2
If the customer cancels a contract in the aforementioned sense, he/she is generally obliged to pay Westblick a lump-sum loss compensation in the following amount as reasonable compensation for the arrangements made, expenses incurred and the reservation of the premises:
The date of cancellation shall be determined by the date of receipt by Westblick. The "agreed remuneration" in this respect means the prices calculated at the time of the conclusion of the contract, unless these have changed in the meantime in accordance with the agreement, e.g. as a result of a number of participants deviating from the number on which the contract was based. In this case, the order value shall be determined according to the prices applicable at the time of cancellation in accordance with the agreements made with the customer and the provisions of these GTC. Any income from renting the rooms to other parties as well as any expenses saved with regard to other services shall be credited to Westblick, whereby Westblick shall be entitled to charge a lump sum for the expenses saved. The lump sum must be in accordance with reasonable discretion within the meaning of Section 315 of the German Civil Code (BGB).
6.3
With regard to the rent for third-party objects (partial areas in the Eden-Haus Budapester Straße 43 in Berlin rented in addition for the respective event) as well as for services rendered by commissioned third-party companies, it applies that these can be invoiced in full to the customer insofar as the respective provider does not accept a cancellation.
6.4
The customer reserves the right to prove that Westblick has suffered less than the disadvantages set out in clauses 6.2 and 6.3 above or no disadvantages at all.
7. Warranty and liability
7.1
With regard to services covered by the relevant contract (including any goods deliveries connected therewith) which are provided by third parties commissioned by Westblick for this purpose in accordance with the agreement, Westblick only warrants the due selection of such third parties and the due organisation and coordination of the provision of services by them.
7.2
In the event of an only insignificant deviation of a service from the quality owed and an only insignificant impairment of its usability, the customer shall not be entitled to any claims for rectification of defects.
7.3
Unless Westblick has acted with intent or gross negligence, has caused injury to life, body or health or has breached a material contractual obligation, claims for damages by the customer against Westblick are excluded.
An "essential contractual obligation" is a contractual obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the fulfilment of which the customer regularly relies and may rely.
However, Westblick's liability for damages arising from a slightly negligent breach of material contractual obligations shall be limited to the amount of the foreseeable damage that can typically be expected to occur. Foreseeable damage typical of the contract in this sense shall regularly be deemed to be the simple amount of the total price agreed for the contractual services.
7.4
The foregoing limitation of liability shall apply equally to employees, bodies and vicarious agents of Westblick. Westblick's liability towards the customer for the conduct of a vicarious agent is, however, excluded entirely if the vicarious agent is the customer or a person appointed by the customer to perform this function.
7.5
With the exception of such claims to which the customer is entitled as a result of injury to life, body or health or as a result of gross negligence on the part of Westblick, claims of the customer against Westblick shall become statute-barred within one year after the end of the relevant performance, i.e. regularly within one year after the expiry of the agreed event date. This shall also not apply to claims for damages of the customer due to a defect if Westblick had knowledge of the defect at the time of the provision of the relevant service.
8. Recordings of events, rights to event concepts and plans
8.1
Westblick is entitled to make photographs and film recordings of the Customer's event which is the subject matter of the contract and to publish, disseminate and publicly reproduce these as well as any other recordings and other recordings made in the course of the performance of the contract of the Customer's event and the related services of Westblick to an appropriate extent and in an appropriate form for its own advertising or for editorial purposes in connection with the Customer's event and/or the services provided and offered by Westblick, in particular also to make them publicly accessible, provided that personal rights do not prevent such use.
8.2
Ideas, concepts, drafts, layouts, presentation media, plans and the like, which are sketched and developed by Westblick in the course of the preparation of the offer and the execution of the contract - also as interim or transitional results - for events etc., including individual parts thereof, shall remain the intellectual property of Westblick. Westblick's entitlement with respect to such services shall correspond in its content and scope to that to which the author is originally entitled under the German Copyright Act (UrhG) with respect to his work, even if the relevant service in the individual case does not fall under the definition of a work under the UrhG; to the extent that no deviating provisions are made with respect to Westblick's entitlement to such services and with respect to the rights granted to the customer in this respect, the provisions of the UrhG shall therefore apply mutatis mutandis in this respect. Proposals and instructions of the customer as well as the customer's cooperation in the performance of a contract in accordance with the contract shall not in themselves constitute any joint copyright or any other form of joint entitlement of the customer to such performances of Westblick, which could establish a right of exploitation or use on the part of the customer in this respect. Existing rights to information, data, content and objects provided by the customer remain unaffected by this.
By paying the remuneration owed, the customer only acquires the right to use the services and premises of Westblick for the agreed purpose, i.e. regularly for the purpose of holding the event which is the subject matter of the contract. Any further use, disclosure or transfer to third parties as well as the partial or complete realisation by the customer itself or by third parties commissioned by it require the consent of Westblick. This shall also apply in particular to any use of recordings of an event covered by the contract by the customer or by third parties which goes beyond the purpose of the contract.
9. Applicable law, place of jurisdiction, severability clause
9.1
The contracts concluded between Westblick and the customer as well as any disputes arising in connection therewith shall be governed exclusively by German law, even if they are concluded abroad.
9.2
Berlin is agreed as the place of jurisdiction for disputes arising from the contractual relationship between Westblick and the customer, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. The same is agreed if the customer has no general place of jurisdiction in the Federal Republic of Germany.
9.3
Should individual provisions of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Westblick GmbH, Berlin, October 2021
Event Location
Pan Am Lounge
12. Etage
Budapester Str. 43
10787 Berlin
