General Terms and Conditions for Events in the Conference Centers of the Diocese of Würzburg

1. scope of application

1.1 These terms and conditions apply to contracts for the rental of conference, event and accommodation rooms of the youth and conference centers (hereinafter also referred to as "Conference Centers of the Diocese of Würzburg") of the Diocese of Würzburg KdöR (hereinafter referred to as "Diocese" or "Diocese"), which are concluded with users of all kinds (hereinafter also referred to as "Customer(s)" or "Customer") for the organization of events, seminars and conferences or for accommodation as well as for all other services and deliveries provided for the Customer in this context. for accommodation and for all other services and deliveries provided to the Customer in this context.

1.2 The customer's general terms and conditions shall not apply unless the diocese has expressly agreed to them in advance.

2. conclusion of contract, contract partners, liability, statute of limitations

2.1 In principle, the contractual partners are the diocese - even if the diocese's conference centers are referred to - and the customer. The contract is concluded by the written acceptance of the customer's application by the Conference Centers for the Diocese of Würzburg. If the customer is not the ordering party itself, or if a commercial agent or organizer is engaged by the ordering party, the ordering party shall be jointly and severally liable with the customer for all obligations.

2.2 The Diocese of Würzburg shall be liable for damages arising from injury to life, body or health for which its conference centers are responsible. Furthermore, it shall be liable for other damages that are based on an intentional or grossly negligent breach of duty by the conference centers of the Diocese of Würzburg or on an intentional or grossly negligent breach of duties of the conference centers of the Diocese of Würzburg that are typical for the contract. A breach of duty by the Conference Centers of the Diocese of Würzburg is equivalent to a breach of duty by a legal representative or vicarious agent. If the diocese is liable for the breach of an essential contractual obligation without gross negligence or intent, the liability for damages shall be limited to the foreseeable, typically occurring damage. In this case, the diocese shall in particular not be liable for the lack of success, loss of profit or other unforeseeable indirect consequential damages. If the diocese is liable for the breach of an essential contractual obligation without gross negligence or intent, the liability of the diocese shall be limited to the damage typically foreseeable at the time of conclusion of the contract for each case of damage.

2.3 All claims against the Diocese shall generally become time-barred one year after the statutory limitation period begins. Claims for damages are subject to a limitation period of three years depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the Conference Centers of the Diocese of Würzburg.

3. services, prices, payment, offsetting

3.1 The Conference Centers of the Diocese of Würzburg are obliged to provide the services ordered by the customer and promised by the Conference Centers of the Diocese of Würzburg.

3.2 The Customer is obliged to pay the agreed prices of the Conference Centers of the Diocese of Würzburg for these and other services used. This also applies to services commissioned by the customer directly or via the Conference Centers of the Diocese of Würzburg, which are provided by third parties and disbursed by the Conference Centers of the Diocese of Würzburg. This also applies to services and expenses of the conference centers of the Diocese of Würzburg to third parties arranged by the customer, in particular also for claims of copyright collecting societies.

3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly and shall be borne by the customer. If there are more than 120 calendar days between the conclusion of the contract and the event, the Conference Centers of the Diocese of Würzburg reserve the right to change prices.

3.4 Invoices of the Conference Centers of the Diocese of Würzburg without a due date are payable without deduction within 14 days of receipt of the invoice. The Conference Centers of the Diocese of Würzburg may demand immediate payment of due receivables from the customer at any time. In the event of late payment, the Conference Centers of the Diocese of Würzburg shall be entitled to charge the applicable statutory default interest of currently 9% or, in the case of legal transactions involving a consumer, 5% above the prime rate.
A negative base interest rate is assessed as "0". The Conference Centers of the Diocese of Würzburg reserve the right to provide evidence of higher damages.

3.5 The Conference Centers of the Diocese of Würzburg are entitled to demand an appropriate advance payment or security deposit from the Customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment, the payment dates and other conditions, such as non-refundable advance payments, can be agreed in text form in the contract.

3.6 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the Conference Centers of the Diocese of Würzburg are entitled, even after conclusion of the contract up to the start of the event, to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.7 The customer may only offset or set off an undisputed or legally established claim against a claim of the Conference Centers of the Diocese of Würzburg.

4. withdrawal of the customer
(Cancellation, Cancellation, No Show), Reduction of Services

4.1 The customer may only withdraw from the contract concluded with the Conference Centers of the Diocese of Würzburg if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the Conference Centers of the Diocese of Würzburg expressly agree to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract cancellation must be made in text form.

4.2 If the Diocese and the Customer have agreed on a date for withdrawal from the contract free of charge, the Customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the Conference Centers of the Diocese of Würzburg. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the Conference Centers of the Diocese of Würzburg by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination, and if the Conference Centers of the Diocese of Würzburg do not agree to a cancellation of the contract, the Conference Centers of the Diocese of Würzburg shall retain the claim to the agreed remuneration despite non-utilization of the service. The Conference Centers of the Diocese of Würzburg shall offset the income from renting the rooms to other parties as well as the expenses saved. The expenses saved in each case may be calculated as a lump sum in accordance with clause 4.4. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The Conference Centers of the Diocese of Würzburg are free to prove that a higher claim has arisen.

4.4 Costs to be borne by the customer in the event of cancellation/reduction of services:

- The customer may cancel free of charge up to 43 calendar days before the date of the event,
- Cancellation/reduction - 42 to 29 calendar days before the event: 20% of the booked services will be charged
- Cancellation/reduction - 28 to 22 calendar days before the event: 30% of the booked services will be charged
- Cancellation/reduction - 21 to 15 calendar days before the event: 50% of the booked services will be charged
- Cancellation/reduction - 14 to 5 calendar days before the event: 75% of the booked services will be charged
- Cancellation/reduction - from 4 calendar days before the event: 90% of the booked services will be charged

The same deadlines apply to cancelations/reductions of booked participants and services as to cancellations. Cancellation means, for example, the non-utilization of meals; reduction means, for example, a reduction in the number of participants.

There are no refunds for meals not consumed. All meals ordered will be charged in full based on the number of participants. This regulation also applies if an agreed meal is not consumed on the day of arrival or departure.

If a date for free withdrawal/cancellation has been agreed in text form between the Conference Centers of the Diocese of Würzburg, the customer may withdraw from or cancel the contract free of charge up to that date.

Otherwise, he must in any case pay the contractually agreed room rent as well as services arranged with third parties even if he does not make use of contractual services and re-letting is no longer possible.

5. resignation of the conference centers of the diocese of Würzburg

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the Conference Centers of the Diocese of Würzburg are entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the Conference Centers of the Diocese of Würzburg within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the Conference Centers of the Diocese of Würzburg has expired, the Conference Centers of the Diocese of Würzburg shall also be entitled to withdraw from the contract.

5.3 Furthermore, the Conference Centers of the Diocese of Würzburg are entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the Conference Centers of the Diocese of Würzburg are not responsible make it impossible to fulfill the contract. The aforementioned circumstances include, in particular, mandatory infection protection regulations and all official requirements issued in this context,
- events or rooms are culpably booked with misleading or false information or concealment of material facts: the identity of the customer, solvency or the purpose of the stay may be material,
- the Meeting Houses of the Diocese of Würzburg have reasonable grounds to believe that the event may jeopardize the smooth running of the business, the security or the reputation of the Diocese or the Meeting Houses of the Diocese of Würzburg in the public eye, without this being attributable to the sphere of control or organization of the Meeting Houses of the Diocese of Würzburg,
- the purpose or occasion of the event is unlawful.

5.4 The justified withdrawal of the Conference Centers of the Diocese of Würzburg does not constitute a claim for damages on the part of the customer.

Supplementary provisions for the provision of rooms for events

6. number of participants and event time

6.1 An increase in the number of participants by more than 5% must be notified to the Conference Centers of the Diocese of Würzburg no later than five working days before the start of the event; it requires the consent of the Conference Centers of the Diocese of Würzburg, which should be given in text form. Invoicing shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved as a result of the lower number of participants.

6.2 A reduction in the number of participants by more than 5% must be communicated to the conference centers of the Diocese of Würzburg in good time, at the latest five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least 95% of the number of participants ultimately agreed. Clause 6.1 sentence 3 shall apply accordingly.

6.3 If the number of participants is reduced by more than 10 %, the conference centers of the Diocese of Würzburg are entitled to exchange the confirmed rooms, taking into account any deviating room rental.

6.4 If the agreed start or end times of the event are postponed and the Conference Centers of the Diocese of Würzburg agree to these deviations, the Conference Centers of the Diocese of Würzburg may invoice the additional readiness to perform appropriately, unless the Conference Centers of the Diocese of Würzburg are at fault.

6.5 The Customer shall provide the Conference Centers of the Diocese of Würzburg with a list of all participants and a program of the event in text form no later than two weeks before the start of the event.

6.6 The Conference Centers of the Diocese of Würzburg reserve the right to decide on the allocation of rooms according to the number of participants. If certain rooms are not available, the conference centers of the Diocese of Würzburg are entitled to provide equivalent replacements, including outside the center.

7 Bringing food and beverages
The customer may not bring food and beverages to events. Exceptions require an agreement with the conference centers of the Diocese of Würzburg. In such cases, a contribution to cover overheads may be charged. The Conference Centers of the Diocese of Würzburg reserve the right to withhold samples of any food brought in.

8. technical equipment and connections

8.1 Insofar as the Conference Centers of the Diocese of Würzburg procure technical and other equipment from third parties for the Customer at the Customer's request, they shall act in the name of, on behalf of and for the account of the Customer. The customer shall be liable for the careful handling and proper return of the equipment. He shall indemnify the Conference Centers of the Diocese of Würzburg against all third-party claims arising from the provision of these facilities.

8.2 The use of the customer's own electrical equipment using the electricity network of the Conference Centers of the Diocese of Würzburg requires the customer's consent. Any malfunctions or damage to the technical equipment of the conference centers of the Diocese of Würzburg caused by the use of such equipment shall be borne by the customer, unless the conference centers of the Diocese of Würzburg are responsible for such malfunctions or damage. The Conference Centers of the Diocese of Würzburg may collect and charge a lump sum for the electricity costs arising from the use of the equipment.

8.3 Faults in technical or other equipment provided by the Conference Centers of the Diocese of Würzburg shall be rectified as soon as possible. The agreed price cannot be reduced.

9. loss of or damage to items brought along

9.1 Any exhibits or other items, including personal items, carried by the Customer shall be at the Customer's risk in the event rooms or in the conference centers of the Diocese of Würzburg. Clause 2.2 applies analogously here.

9.2 Any decoration material brought along must comply with fire protection requirements. The conference centers of the Diocese of Würzburg are entitled to demand official proof of this. If such proof is not provided, the Conference Centers of the Diocese of Würzburg shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed in advance with the Conference Centers of the Diocese of Würzburg.

9.3 Any exhibits or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the Conference Centers of the Diocese of Würzburg may remove and store them at the customer's expense. If the objects remain in the event room, the Conference Centers of the Diocese of Würzburg may charge an appropriate compensation for use for the duration of the withholding of the room.

10 Liability of the customer for damages

10.1 If the customer is an entrepreneur, he shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

10.2 In particular with regard to the customer's liability for damages, the Diocese may demand the provision of an appropriate security deposit, for example in the form of a credit card guarantee.

Supplementary provisions for the provision of rooms for accommodation purposes

11. room provision, handover and return

11.1 The customer does not acquire any claim to the provision of specific rooms or conference rooms, unless this has been expressly agreed.

12. liability of the conference centers of the diocese of Würzburg

12.1 The provisions of section 2.2 apply analogously with regard to items brought in. The diocese accepts no liability whatsoever for valuables stored in the rooms.

12.2 If the customer is provided with a parking space, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to vehicles parked or maneuvered on the premises of the Conference Centers of the Diocese of Würzburg and their contents, the Conference Centers of the Diocese of Würzburg shall only be liable in accordance with the above Section 13.1, sentences 1 to 4.

13. final provisions

13.1 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - in commercial transactions shall be the registered office of the Conference Centers of the Diocese of Würzburg.

13.2 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

13.3 Should individual provisions of these General Terms and Conditions 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.

13.4 Animals are not permitted.

Status: February 2022