General Terms and Conditions (GTC)

The following GTCs apply to all orders placed. They shall be deemed agreed if they are not
immediately contradicted.

§ 1 Scope, subletting

  1. These terms and conditions apply to contracts for the rental of the premises of „art space Amalienstraße 41, 80799 Munich“ for the holding of events such as workshops, seminars, conferences, art exhibitions, vernissages, etc., including all other related services and deliveries of „art space Amalienstraße 41“ as well as catering services (e.g. catering).
  2. The subletting or re-letting of the rooms and areas provided as well as the invitation to sales or similar events require the prior written consent of „art space Amalienstraße 41“.
  3. The contracting party’s terms and conditions shall only apply if this has been expressly agreed in writing.

§ 2 Conclusion of contract, contracting parties, liability, limitation period

  1. The offers of „art space Amalienstraße 41“ are always subject to change.
  2. The contract shall be concluded by the acceptance of the contracting party’s application and the sending of the written order confirmation by „art space Amalienstraße 41“. All agreements made are to be set down in writing. art space Amalienstraße 41″ may also send the order confirmation in text form (in particular by e-mail).
  3. An agreement on deliveries and services is only binding for „art space Amalienstraße 41“ if it has been confirmed in writing by both parties.
  4. The contracting parties are „Shkurte Sadrija – art space, Amalienstraße 41, 80799 Munich“ and the contractual partner. The name „HE-ART“ is the name of the cooperation between Jörg Heitsch and Shkurte Sadrija „art space Amalienstraße 41“. If the contractual partner is not the organiser itself or if a commercial intermediary and organiser is engaged by the organiser, they shall be jointly and severally liable together with the organiser for all obligations arising from the contract if there is a corresponding declaration by the intermediary and organiser.
  5. Art space Amalienstraße 41″ shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the contractual partner for damages are excluded. Excluded from this are damages arising from injury to life, body or health if „art space Amalienstraße 41“ is responsible for the breach of duty, or other damages based on an intentional or negligent breach of duties typical of the contract on the part of „art space Amalienstraße 41“. A breach of duty on the part of „art space Amalienstraße 41“ is equivalent to a breach of duty on the part of a legal representative or vicarious agent.
  6. In the event of disruptions or defects in the services of „art space Amalienstraße 41“, „art space Amalienstraße 41“ shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the other party. The contracting partner is obliged, within the bounds of what is reasonable, to inform „art space Amalienstraße 41“ in good time of the possibility of an exceptionally high level of damage occurring and to limit possible damage to a minimum.
  7. All claims against „art space Amalienstraße 41“ shall generally become statute-barred one year after the knowledge-dependent statutory commencement of the limitation period. Claims for damages shall become time-barred irrespective of knowledge five years after the breach of duty. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty on the part of „art space Amalienstraße 41“ or in the case of negligently caused damage resulting from injury to life, limb or health. In the case of negligently caused damage to property and financial loss, the shortened limitation periods shall not apply in the event of a breach of a material contractual obligation

§ 3 Invoices, down payment, services, prices, payment, set-off

  1. The contracting partner shall be obliged to pay the agreed prices of „art space Amalienstraße 41“ for these services. This also applies to services and expenses of „art space Amalienstraße 41“ to third parties in connection with the event.
  2. All prices are exclusive of the currently valid statutory VAT of 19%. Increases in value added tax shall be borne by the contractual partner. If the period between conclusion of the contract and the event exceeds 4 months and if the price generally charged by „art space Amalienstraße 41“ for such services increases, the contractually agreed price may be adjusted appropriately and in line with the market.
  3. Art space Amalienstraße 41″ is entitled to demand payment of an appropriate deposit from the contracting partner upon conclusion of the contract. The amount of the deposit and the payment dates may be agreed in the contract. If a down payment has already been made and the contracting partner withdraws from the contract, the sum shall be
    paid in full. According to the below listed below Cancellation Policy charged and any
    residual claims will be transferred to the contractual partner.
  4. Invoices of „art space Amalienstraße 41″ without a due date are payable within 10 days of receipt of the invoice without deduction. art space Amalienstraße 41“ shall be entitled to call in accrued claims at any time and to demand payment without delay. In the event of default in payment, „art space Amalienstraße 41″ shall be entitled to charge the statutory interest on arrears applicable at the time, currently 9% or, in the case of legal transactions involving a consumer, 5% above the base rate. art space Amalienstraße 41“ reserves the right to prove higher damages.
  5. Default in payment of even one invoice shall entitle „art space Amalienstraße 41“ to discontinue all further or future services for the contracting party. The prerequisite for this is that „art space Amalienstraße 41“ sends a reminder for the delay in payment, setting a deadline and pointing out the consequences. In the event of default, a reminder fee of EUR 8.00 shall be charged for each reminder.
  6. Should the guarantee to be provided with the booking in the form of a credit card number with validity date not be provided, „art space Amalienstraße 41“ is entitled to refuse the service and to demand compensation for the damage incurred in this respect. Further claims remain reserved. 
  7. The contracting partner may only set off or offset claims of „art space Amalienstraße 41“ against undisputed or legally binding claims.

§ 4 GEMA

  1. All events subject to GEMA must be reported to GEMA in advance by the contracting partner. The contracting partner shall bear the GEMA fees. The contracting partner shall indemnify „art space Amalienstraße 41“ against all GEMA claims

§ 5 Provision of motifs for film or photo shoots

  1. Film or photo shoots for other than exclusively private purposes, commercial shoots or shoots for public performance or broadcast require the written permission of „art space Amalienstraße 41“ and are subject to a fee. The exact terms and conditions shall be regulated in a separate contract for the transfer of motifs.

§ 6 Cancellations, number of participants, withdrawal

  1. The contractual partner may only withdraw from the contract free of charge if there is a statutory right to withdraw from the contract free of charge or if such a right has been expressly agreed. Declarations of withdrawal and cancellations must be made in writing. If there is no right of withdrawal free of charge, „art space Amalienstraße 41“ has the following rights Entitlement to compensation. Depending on the time of the withdrawal/cancellation, there remains an obligation to pay compensation to the extent listed below.
  2. Reservations made by the commissioned contractual partner are binding for both
    contractual parties. In the event of cancellation by the contractual partner, the
    contractual partner shall pay the following cancellation fee:
  3. If the minimum turnover was not yet fixed, the agreed flat rate or the cheapest menu x number of participants according to the contract shall apply. In the case of events lasting several days, the first day of the event shall be decisive for calculating the deadline. The contracting partner is expressly permitted to prove that no damage was incurred at all or that the damage was significantly lower than the cancellation fees stated above. „art space Amalienstraße 41“ shall be at liberty to prove that higher damages were incurred.
  4. For events at which food and/or drinks are served, the contracting partner must give „art space Amalienstraße 41“ binding notification of the number of participants and the choice of food no later than 10 days before the event. 
  5. In the event that the stated number of participants is exceeded by more than 20% of the number of participants on which the contract is based, „art space Amalienstraße 41“ reserves the right to change the agreed sequence of dishes, the agreed prices and the additional  deployment of staff. Changes to the bindingly stated number of participants made 0 to 9 before the event can no longer be taken into account and, in the event of deviations downwards, will be charged in accordance with the above cancellation fees. The contractual partner is expressly permitted to prove that no damage at all or significantly less damage has been incurred as a result of the cancellation of participants at short notice.
  6. In the event of upward deviations in the number of participants, the actual number of participants will be used as the basis for invoicing. Furthermore, „art space Amalienstraße 41“ is entitled to withdraw from the contract for objectively justified circumstances, for example if:
    – force majeure or other circumstances beyond the control of „art space Amalienstraße 41“ make it impossible to fulfil the contract;
    – events are booked under misleading or false statements of material facts, such as the
    – identity of the contracting party or the organiser or purpose;
    – The „art space Amalienstraße 41“ has reasonable grounds to believe that the event will impair the smooth running of the business, the safety or the reputation of the
  7. art space Amalienstraße 41″ to the public without this being attributable to the sphere of control or organisation of „art space Amalienstraße 41“.
  8. art space Amalienstraße 41″ shall inform the contracting partner immediately of the
    exercise of the right of withdrawal.
  9. In the event of justified withdrawal by „art space Amalienstraße 41“, the contracting
    partner shall not be entitled to claim damages against „art space Amalienstraße 41“.