The monuments, courtyards, gardens and parks with their facilities managed by the Bavarian Department of State-owned Palaces, Gardens and Lakes, hereinafter referred to as Lessor, must be treated with great care on account of their value in terms of cultural history. Lessees must ensure that damage to the property named above is avoided in connection with the event.
The following general terms and conditions apply to the assignment for use of the premises. In addition, special rules must be observed in individual cases for monument preservation and for other reasons.
Permission becomes effective as soon as the letter on the assignment for use of the premises has been signed and returned. If the signed letter is not received before the premises are assigned for use, the terms and conditions shall nevertheless be considered firmly agreed and accepted by the Lessee if the Lessee actually uses the premises.
The Lessor is the Free State of Bavaria, represented by the Bavarian Department of State-owned Palaces, Gardens and Lakes, Nymphenburg Palace and Garden Administrative Office.
The Lessee named in the assignment contract is simultaneously the organiser of the event stated in the contract.
It is prohibited to let the leased property to third parties.
The Lessee shall be stated on all printed matter, posters, admission tickets etc. so that it is clearly evident that there is no legal relationship between the Lessor and visitors and other third parties but only between the Lessee and visitors and other third parties.
Several Lessees are jointly and severally liable.
The premises are let for the purpose and for the period named in the letter on the assignment for use of the premises. The Lessee shall not use the premises for any purpose other than the one named.
The rent to be paid is shown in the assignment letter for use of the premises.
The rent includes the costs for use of the premises plus a flat rate for operating expenses (heating, electricity, water etc.) and final cleaning. For cultural events, the rent also includes a flat rate for standard personnel expenses for one member of the technical/organisational supervisory staff (for one normal concert respectively). The Nymphenburg Palace and Garden Administrative Office reserves the right to invoice expenses according to actual consumption in the event of excessive use in an individual case.
In addition, all the costs for services provided by the Lessor (e.g. staff for the set-up and removal of seating) and for staff that is to be held available due to the event in accordance with the German Ordinance on Places of Assembly shall be charged. The rates are shown in the price list valid on the date of the event which may be inspected on the Lessor’s premises.
Furthermore, the Lessee shall pay any other expenses for third-party services, such as special cleaning as a result of significant soiling, supervision and care of technical equipment during the event, fire warden in compliance with regulations, the required medical services, the admission and cloakroom service, additional guards required on account of the event. These costs may also be invoiced to the organiser directly by the contracting company of Lessor.
The statutory value-added tax shall be additionally charged at the currently valid rate.
All the contractually agreed costs shall be transferred after invoicing within the specified period to the account stated. The rent is usually due and payable 14 days before the start of the event.
In case of a delay in payment, default interest of 5% above the base lending rate shall be payable in accordance with Section 247 of the German Civil Code [BGB]. If the Lessee is not a consumer as defined by Section 13 of the German Civil Code, the default interest rate shall be increased to 9% above the base lending rate for claims for payment. The Lessee shall be charged 5 euros for each payment reminder.
In case of a delay in payment by the Lessee, the Lessor may withdraw from the contract and/or claim damages after setting a further deadline.
The Lessee shall observe all existing safety regulations, particularly public safety regulations, and ensure that the instructions of safety bodies are followed.
The Lessee shall give notice to or obtain any permits from the authority responsible in due time which are required on account of provisions under public law, particularly under the Act on State Penal Law and Decree Law [Landesstraf- und Verordnungsgesetz].
The following shall be observed in particular:
a) The provisions of the Regulations on Places of Assembly as amended, the provisions on compliance with so-called immission values.
b) Nature conservation laws and any existing landscape protection regulations for events held outdoors.
The Lessee is obliged to hold his event in compliance with regulatory requirements.
The Lessee shall notify the Lessor of the name of a representative who shall be present during the use of the premises and can always be contacted.
He shall be responsible for compliance with all contractual duties and safety regulations.
The necessary supervisory staff and stewards as well as all other support and services required (e.g. for the cloakroom and toilets) shall be provided by the Lessee at his expense. It is obligatory to have an admission service and cloakroom service present at public cultural events. The Lessee must directly engage the firm Allpower Veranstaltungsservice GmbH (phone +49 89 552244-11) or the firm Veranstaltungsdienst Mayr (phone +49 89 747174-0) for this purpose. The Lessee is responsible for the assignment of the support services required. The following supervisory posts must be filled during each event: Two persons in front of the entrance door for admitting people into the auditorium. During the event, one person must be placed at the entrance door and one person at the artists’ entrance. One person for each 100 members of the audience must serve in the cloakroom.
If the presence of a fire warden, a medical service or other security staff is required during the event, the Lessee shall engage these himself and submit proof thereof to the Lessor before the event.
Corridors, aisles, exits, emergency exits, emergency lighting, fire extinguishers, fire alarms etc. may not be blocked or covered over with objects.
If chairs are placed in rows, drinks and food may not be taken into the hall.
No animals are allowed into rooms.
The organisers (Lessees) of music performances or other works must register this with GEMA (German Society for Musical Performing Rights and Mechanical Reproduction Rights, Rosenheimer Straße 11, 81667 Munich) in accordance with the German Copyright Act and pay the amounts due. They shall indemnify the Lessor vis-à-vis GEMA from any liability in this connection. The same applies to performance rights (royalties).
In the event that a mandatory contribution must be paid to the KSK fund [Künstlersozialkasse] for artists’ social security contributions, the contracting party of the Palace Department undertakes to pay these and indemnify the Lessor from any accruing artists’ social security contributions.
The Lessee is responsible for paying over the taxes and duties incurred during events.
All the details of the event shall be discussed in due time in advance with the Schloss- und Gartenverwaltung Nymphenburg (contacts: Mr Malte Jensen). In particular, such details include agreements on the start and end of the period of use, setting dates for rehearsals, arrival and departure, parking, decoration, advertising, any attendants and support services such as fire wardens and medical services, ushers, inspectors, cloakroom and admission staff as well as any catering by a catering company.
The duty to maintain safety on the leased property including the direct access routes passes to the Lessee for the duration of the event.
It is imperative that instructions given by the Lessor’s persons responsible are followed, particularly concerning security and safety issues, in case of noise and for the protection of the building.
The period of all usages shall be determined by the Lessor as a basic rule and specified in the lease contract. Evening events shall usually end at 2 am at the latest.
The Lessee’s representative shall ensure that the end of agreed period of use is observed and that all the rooms used are vacated as quickly as possible.
In case of cultural events, the Lessee shall observe the periods of use stated in the lease contract with binding effect. Changes to the periods of use shall be notified to the Nymphenburg Palace and Garden Administrative Office in due time. An extension of the period of use may involve additional staff costs in an individual case.
Any and all selling activities or any other pursuit of a trade apart from the actual event on the assigned premises and throughout the grounds requires the prior written approval of the Lessor. However, the selling of programmes is permitted.
The Lessee shall assume the task of serving food and drink during the events as a basic principle. In this context, only companies may be engaged whom the Lessor has expressly granted the right to provide catering services in a separate contract. Names of the accredited companies may be requested from the Schloss- und Gartenverwaltung Nymphenburg. Solely the catering company accredited by the Lessor is responsible for food and/or drink buffets at public concerts.
Companies which, at the instigation of the Lessee, provide catering services on the leased premises named above shall be obliged to pay 12% plus value-added tax of the net turnover (food, drink, staff, decoration, logistics etc.) to the Lessor. The Lessee shall inform the Lessor of the catering company used. The Lessor shall enter into an appropriate catering contract with the catering company.
The organiser shall obtain any admission and cloakroom tickets required.
Separate parking places are not available for the events. Persons attending the event may park on the public parking places available on the palace grounds which are also used by other visitors of the palace and gardens. The parking places are not guarded.
It is essential that officially approved seating plans for the respective type of event are observed. The safety regulations issued in this connection, particularly the Regulations on Places of Assembly, must be exactly followed. The number of seats permitted may not be exceeded under any circumstances. It is imperative that the required width of the aisles and escape routes is observed. All the doors must be kept free and access thereto may not be blocked.
Standard seating is provided and included in the rent for public concerts. Changes to the customary concert seating entail additional staff costs which are charged separately. Furniture may be rented for other events.
The advertising for the event is the sole responsibility of the Lessee. Any type of advertising on the premises or grounds requires the prior written approval of the Lessor. The advertising material used shall be presented to the Lessor before publication.
Texts and impressions which concern the Lessor are specified by the Lessor. The Lessee undertakes not to use advertising which the Lessor objects to.
The installation of equipment and structures or the attachment and bringing in of any appliances or equipment requires the approval of the Lessor. This shall be carried out by specialists so that such work is technically flawless. The Lessor may demand that an acceptance test is carried out by a specialist firm or the Technical Inspection Association [TÜV].
The use of open flames (candles, table fireworks etc.) is not permitted as a basic principle. Fire regulations must be strictly observed for all cooking and heating processes.
Only state-of-the-art equipment which guarantees that damage can be ruled out even for highly sensitive works of art may be used for all heating appliances and artificial light sources. Above all, precautions must be taken to ensure that the interior decorations are not endangered by sudden heat or dry air. It must be ensured that no damage can occur.
Only flame resistant objects in accordance with DIN 4102 may be used as decoration for the event. Decoration which is repeatedly used shall be checked again to ensure that it is flame resistant and, if necessary, be re-impregnated. Erected structures must comply with building and fire regulations.
The Lessor can insist that the Lessee submits appropriate certificates on the flame resistance of objects to the Lessor. Flammable packaging materials and waste must be immediately removed by the Lessee.
The necessity and scope of a firewatch (number of firemen, fire extinguishers etc.) are based on local fire regulations and expert opinions and are agreed and specified between the Lessor and the authorities responsible.
It is strictly prohibited to smoke in the leased rooms.
Pictures of an exhibition might be hanging on the walls when the "Orangeriesaal" hall is let from case to case. This measure is intended to be beneficial for the ambience of the hall. If contrary to expectation the hanging of an individual exhibit should be a hindrance to an event, a solution to remedy the situation must be discussed with the Lessor.
The Palace Department shall inform the Lessee of any disruptions to the event as a result of building measures. The Palace Department shall accept no liability for possible adverse effects.
Sound recordings and film or television shootings which are to be produced in connection with the event require special permission and a contractual agreement between the Lessor and the responsible body/producer of the sound recordings and film or television shootings. This also applies to recordings or shots for archiving purposes or for recordings for a current report. In other respects, the "General terms and conditions for photography, film and television shooting" apply.
The Lessee shall keep service seats vacant for medical staff, the fire safety service, police etc. designated as such by the Palace Department free of charge.
For concerts, the following service seats shall be reserved: 2 seats for the Bavarian Department of State-owned Palaces, Gardens and Lakes: Block right, row 10, seats 1, 2
The tickets for the service seats named above shall be left at the box office no later than 30 minutes before the start of the event at the latest. If the tickets are not required for business reasons and have not yet been collected 30 minutes before the start of the event, they may be sold.
The former state of the premises shall be immediately restored within the period of use.
Installations, erected structures or equipment of the Lessee shall be immediately dismantled and removed by him at his expense after the end of the event (also empty packaging etc.). This applies likewise to the waste generated during the event. If a deadline is set in vain, the Lessor is entitled to arrange for the removal at the expense of the Lessee.
The Lessor is liable under the lease contract, particularly in the event of the failure of facilities, any operational disruptions or other incidents which are detrimental and a hindrance to the event only if the Lessor acted with intent or gross negligence. This does not apply in the event of personal injury.
The Lessor’s employees can only be expected to provide the care required in ordinary dealings. It is also not possible to expect any special precautions which meet the requirements of the event or any associated danger.
The Lessee shall answer for all the damage caused to the Free State of Bavaria or third parties in connection with the event as a result of conduct for which he or his vicarious agents or assistants are at fault. The Lessee bears the burden of proof that he was not at fault. He waives exculpation vis-à-vis the Lessor pursuant to Section 831 (1) sentence 2 of the German Civil Code.
He shall indemnify the Free State of Bavaria and its representatives from any claims for damages filed against them by third parties in connection with the event and shall reimburse any legal costs in this regard. The Lessee shall accept any judgements passed against the Free State of Bavaria or its representatives to be valid also in relation to him.
The Free State of Bavaria is obliged to immediately notify the Lessee of any claims filed.
Damage to the premises named above which are caused by visitors or any other third parties in connection with the use of the leased property by the Lessee shall be compensated by the Lessee.
The Lessor shall not accept any liability for items left behind or lost by visitors or other persons.
The Lessee shall sufficiently insure himself against any personal injury and property damage and furnish proof thereof to the Lessor.
Any lessee who acts without proper authority or tolerates such unauthorised acts by his employees, representatives or guests which are contrary to the use permitted as per contract shall pay a contractual penalty of 5,000 euros to the Free State of Bavaria.
Several debtors shall be jointly and severally liable.
The contract ends at the end of the contractual period.
The Lessor has a right of extraordinary termination particularly in the following cases:
Payment delay by the Lessee. Delay occurs on expiry of the date for the advance payment.
Any security or deposit not paid or not paid in due time.
Incorrect, insufficiently exact or untimely information provided on the purpose or content of the event or any deviation from the information originally provided which adversely affects the interests of the Lessor or the public interests.
Permitting third parties use of the premises without authorisation.
Gross or repeated breach of the duties under the lease contract.
Infringement of applicable law by the event or an expected disturbance of the maintenance of law and order.
Lack of proof and non-compliance with statutory provisions and official requirements.
In cases of extraordinary termination, the Lessee has no claim to compensation from the Lessor. Damage caused to the Lessor in connection with extraordinary termination shall be compensated by the Lessee.
After sending the letter on the assignment for use of the premises, the Lessor must be notified in writing directly of any requested changes in dates or cancellations in due time.
Any costs arising or already incurred as a result of the change in dates or cancellation shall be reimbursed. However a processing fee of 125 euros shall be payable in each case.
If the Lessee does not hold the event on the agreed date or withdraws from the lease contract for a reason for which the Lessor is not responsible, the Lessor may demand compensation at the following amount:
from 12 to 6 months before the start of the event 30%
from 6 to 3 months before the start of the event 60%
from 3 to 1 month before the start of the event 90%
of the agreed rent.
This shall not apply if the premises and similar can be let to a third party on the cancelled date. In this case a flat processing fee of 125 euros shall be charged.
If the withdrawal or cancellation of the event is the fault of the Lessor, no fee shall be charged.
In case of any disputes, the courts in Munich, Germany, have jurisdiction.
No collateral agreements have been made. Any amendments and supplements of the assignment contract and the cancellation of the written form must be in writing. Neither contracting party may refer to actual use which deviates from the contract until this deviation is set down in writing.
Should individual provisions of the assignment contract be or become invalid, this shall not affect the validity of the remaining provisions of the contract. The parties undertake to conclude an agreement which most closely approximates the commercial aim of the invalid provision.
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