RUTHS BERLIN GmbH [a limited liability company under German law]
GENERAL TERMS AND CONDITIONS
1.1 The following General Terms and Conditions (“GTC”) apply for all of the services provided by RUTHS BERLIN GmbH (“RUTHS BERLIN”) to its contractual partners (“Users”) within the framework of the range of rental and other services pursuant to Section 3 of these GTC on the premises and in the outdoor area on Langhansstrasse 126, 13086 Berlin, Germany (“RUTHS’ ROOMS”).
1.2 Unless otherwise stipulated and agreed upon in the individual agreement, the provisions of these GTC shall apply exclusively. The terms and conditions of the contractual partner shall not apply. RUTHS BERLIN explicitly objects to the application of the contractual partner’s GTC.
1.3 These services are offered to both consumers within the meaning of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch / “BGB”) as well as to entrepreneurs within the meaning of Section 14 BGB.
1.4 If a consumer books a service from RUTHS BERLIN to supply services at a distance or off-premises within the meaning of Section 312g (1) BGB, they shall have no right of withdrawal pursuant to Section 312g (2) first sentence, no. 9 BGB.
1.5 RUTHS BERLIN shall conclude a User Agreement with the User on the terms and conditions regulated herein. This User Agreement shall form the basis for the use of the services of RUTHS BERLIN in accordance with Section 3 or Section 1.3 and the access to RUTHS' ROOMS; these GTC shall apply in addition.
2. Conclusion of the Agreement
2.1 All of the services in accordance with Section 3 may only be used after the User Agreement, which defines the fixed scope of services, has been concluded with RUTHS BERLIN.
2.2 The Agreement shall be concluded after the Users have made a binding application for the conclusion of a user agreement and upon acceptance by RUTHS BERLIN (in writing or by e-mail). RUTHS BERLIN is not obliged to accept the Users’ application. A mere confirmation of receipt of the application shall not constitute acceptance. Therefore, the User Agreement shall only come about after RUTHS BERLIN has accepted the application.
3.1 Gegenstand der Angebote und Dienstleistungen von RUTHS BERLIN ist die temporäre Bereitstellung von Räumen nebst Außenbereich („RUTHS RÄUME“) für individuelle Veranstaltungen z.B. Workshops, Meetings, Präsentationen, Tastings und Dinner oder als Shooting Location sowie folgender zusätzlicher Dienstleistungen (nachfolgend insgesamt „RUTHS SERVICES“ genannt):
internet access (WiFi) for use to a reasonable extent (not for hosting or similar services),
provision of service staff, including the final cleaning,
3.2 The rented rooms may optionally be rented furnished (tables, chairs, lighting, etc.).
3.3 Shared use of the general communal areas, such as the bar or toilet area, is permitted within the scope of what is usual and reasonable.
3.4 RUTHS' ROOMS may only be used within the scope of the agreed purpose of use. Any amendments to the purpose of use or any extension of the period of duration require the previous written consent of RUTHS BERLIN.
3.5 All catering and technical services as well as any other services must be booked solely through RUTHS BERLIN. Should the User wish to include other service providers, this shall require the previous written consent of RUTHS BERLIN.
3.6 The right to use RUTHS’ SERVICES is non-transferable. RUTHS' ROOMS may not be sublet to third parties nor may the rented rooms or the associated services be transferred to third parties unless RUTHS BERLIN has first given its explicit consent, which must be done in writing.
3.7 As organiser, the User shall procure the necessary official approvals, permits, insurances, etc., required for each event at their own expense. The organiser is therefore solely responsible for the organiser’s liability as well as the obligation with regard to GEMA [Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte / “GEMA”, a German musical copyright watchdog body] fees, the observation of any necessary fire safety regulations, compliance with the applicable coronavirus (including SARS-CoV-2) infection protection regulations and corresponding protective measures, and the like. Upon request from RUTHS BERLIN, the User shall provide proof of fulfilment of the obligations set out above.
3.8 RUTHS BERLIN points out that the User is legally obliged to report if any music pieces are to be played for which GEMA fees must be paid. Any GEMA fees arising from such notice must be paid by the User directly to GEMA; upon first request, the User shall indemnify RUTHS BERLIN with regard to any claims made against RUTHS BERLIN.
3.9 Die für die Veranstaltungsräume geltenden Vorschriften der Polizei, Feuerwehr und Ordnungsämter müssen durch die Nutzer*innen eingehalten werden. Die RUTHS BERLIN bzw. deren Beauftragte können zur Einhaltung Weisungen erteilen.
4. Type of Use and Prices
4.1 The following types of use are currently offered in RUTHS' ROOMS:
hourly use of RUTHS' ROOMS;
daily use of RUTHS' ROOMS;
in addition to the use of the room(s), the User may book further additional services (RUTHS' SERVICES) in accordance with RUTHS BERLIN range of services.
4.2 The specific services and their scope, which the User may book, as well as the corresponding price, depend on the type of use and service selected by the User and agreed upon in the User Agreement with RUTHS BERLIN. The User Agreement constitutes the scope of performance owed by RUTHS BERLIN in each individual case.
4.3 With the exception of the retail prices publicly displayed at RUTHS BAR and other catering services, the current prices for types of use and services shall be agreed upon in the User Agreement.
4.4 All prices are net; the legally valid value added tax (VAT) shall be applicable in addition.
5. Terms of Payment
5.1 Invoices shall be paid immediately after receipt, strictly net. If payment is due on a daily/monthly basis, it shall be due in advance.
5.2 The following payment terms shall apply for services ordered by the User from RUTHS BERLIN:
for agreed compensation for use: no later than eight weeks before the event begins;
for agreed flat rates (e.g. conference fees): a minimum of 50% of the probable order volume no later than eight weeks before the event begins;
for all other services: a minimum of 50% of the probable order volume no later than eight weeks before the event begins.
If certain services are ordered after the deadlines set out above, payment shall be due immediately after the order has been placed and the corresponding invoice for these services has been issued.
5.3 RUTHS BERLIN is entitled to request an appropriate advance payment at any time.
6. Use of the Rooms and Service
6.1 Before occupying the selected room, the User shall check both the room and its equipment together with an employee from RUTHS BERLIN to ensure that they are in good condition and everything is functioning well. If no defects are recognisable before the User takes over the room(s), the User will confirm to RUTHS BERLIN in a confirmation of delivery that there are no recognisable defects. If and to the extent to which defects become recognisable during the agreed period of use, they shall be reported to RUTHS BERLIN without undue delay.
6.2 Any unlawful use or use not permitted under these provisions is not permitted. In particular, the offers from and services of RUTHS BERLIN may not be used in any way that could lead to damage, destruction, overloading or any other non-usability of the infrastructure provided by RUTHS BERLIN (such as furniture and inventory or technical equipment) or cause interference with them for other users.
6.3 The User further confirms that they will not use the services and infrastructure of RUTHS BERLIN for any of the activities listed below:
use in connection with lotteries or raffles, MLM (pyramid selling), chain letters, spam e-mails or any other type of unsolicited messages or advertising (for both private as well as business purposes);
the defamation, abuse, harassment, stalking, threats or other violations of legal provisions (such as the protection of privacy or personal rights) of persons or companies either inside or outside RUTHS' ROOMS;
disseminating immoral, offensive, pornographic or other unlawful material or data either within or through the infrastructure provided by RUTHS BERLIN;
distributing or providing data containing images, photographs, moving images, software or any other material which is subject to intellectual property laws (e.g. trademark law) unless the User holds the rights or has the right to distribute such material;
distributing data which contain viruses, Trojans, worms, bots or any other malware;
illegally downloading data that are copyright protected;
obstructing or preventing other users from accessing and using the services and infrastructure of RUTHS BERLIN;
Illegally procuring information from other users, especially their e-mail addresses, without their consent;
providing false data on identity.
6.4 Violation of the conditions set out above in Sections 6.2 and 6.3 shall result in termination without notice for good cause; the User undertakes to vacate the premises of RUTHS' ROOMS immediately. The User acknowledges that (a) the above provisions form an essential contractual basis for RUTHS BERLIN, and (b) any breach of the above provisions by the User constitutes a serious breach of contract by the User, entitling RUTHS BERLIN to terminate this User Agreement without prior notice or further action.
6.5 Section 13.6 shall apply accordingly.
7. House Rules
Each User undertakes to treat other users at RUTHS' ROOMS with respect and to avoid disruptions and loud noise. Thus the User acknowledges the House Rules (see Appendix) applicable for all users at RUTHS BERLIN, which are an integral part of this User Agreement. The employees at RUTHS BERLIN or a third party authorised by RUTHS BERLIN are entitled to take any measures necessary to ensure compliance with the House Rules.
8. Duration of the Agreement and Termination
8.1 RUTHS’ SERVICES and RUTHS' ROOMS may be used from the day/time agreed upon in the User Agreement and for the duration of the user fee selected and agreed upon.
8.2 Upon expiry of the period of use agreed upon, the User undertakes to fully vacate the rented rooms, without undue delay.
8.3 If the User does not vacate the rooms on time, they shall pay a reasonable compensation for loss of the use of the rooms and be liable to RUTHS BERLIN for all damages due to the delayed return of the rooms, even if this exceeds the amount of the compensation for loss of the use of the rooms.
8.4 Neither Party shall be allowed to give statutory notice of termination during the agreed period of use. The right of each Party to terminate immediately and without notice for an important reason shall remain unaffected. In particular, an important reason shall be if the User does not meet their payment obligations or violates their contractual obligations in any other serious or culpable way, or if the User violates the House Rules several times (twice) or violates them seriously.
8.5 Notice may be given in text form, i.e. by making an appropriate statement by e-mail or in writing.
8.6 As soon as such notice takes effect, all of the rights and obligations arising from the User Agreement shall no longer be applicable.
8.7 If the User continues to use the rental object after expiry of the rental period, the tenancy is not deemed to be extended. Section 545 BGB shall not apply. Should the User exceed the rental period agreed upon, they undertake to pay to RUTHS BERLIN, in addition to the rent, an amount of 15% based on the agreed total rent for every hour or part thereof that exceeds the rental period.
9. Withdrawal from the User Agreement by RUTHS BERLIN
9.1 If, after the expiry of an appropriate additional period of time set by RUTHS BERLIN together with the threat of refusal, the advance payment in accordance with Section 5 has not been paid, RUTHS BERLIN shall be entitled to withdraw from the User Agreement.
9.2 Furthermore, RUTHS BERLIN shall be entitled to extraordinary withdrawal from the User Agreement for an important reason, in particular
if force majeure, especially strikes, natural catastrophes or acts of violence, including epidemics and pandemics, orders from authorities or other circumstances for which RUTHS BERLIN is not responsible, make the fulfilment of the User Agreement impossible;
if events are booked giving misleading or false information regarding essential facts such as the identity of the User or the purpose of the event;
if RUTHS BERLIN has substantial reason to assume that the event planned by the User may jeopardise smooth business operations, the security or reputation of RUTHS BERLIN in public, without this being attributable to the sphere of control or organisation of RUTHS BERLIN.
9.3 RUTHS BERLIN hat die Nutzer*in von der Ausübung des Rücktrittrechts unverzüglich in Kenntnis zu setzen. Textform ist ausreichend.
9.4 In the cases set out in Section 9.2, the User shall have no claim for damages against RUTHS BERLIN unless RUTHS BERLIN is responsible for the impossibility of service as a result of gross negligence or wilful misconduct.
10. Withdrawal by the User (Cancellation)
10.1 Die Nutzer*in kann jederzeit den Rücktritt (Stornierung) von dem Nutzungsvertrages erklären. Die Rücktrittserklärung muss in Textform erfolgen.
10.2 Should the User withdraw from the Agreement, cancellation fees shall apply unless the User can prove that no damage has been incurred at all or that the damage is significantly lower than the following phased flat rates:
If withdrawal occurs more than 10 (ten) days before the beginning of the rental period, no cancellation fees will be charged for the full amount shown in the confirmed offer.
If withdrawal occurs between 10 (ten) and 4 (four) days before the beginning of the rental period, cancellation fees in the amount of 50 % of the full amount shown in the confirmed offer will be charged.
If withdrawal occurs less than 4 (four) days before the beginning of the rental period, cancellation fees in the amount of 90 % of the full amount shown in the confirmed offer will be charged. The day the rental period begins will not be included when calculating the deadline. The booking fee of € 50.00 included in the rental cost shall not, however, be reimbursed.
In case of cancellation cleaning fees shall be waived.
10.3 External services, such as caterers or technical services, can only be cancelled in accordance with the respective general terms and conditions and the contractual conditions of those service providers.
11. Repair, Maintenance and Structural Alterations
After setting a reasonable deadline and in consultation with the Users, RUTHS BERLIN may carry out repairs, maintenance and structural changes that are necessary or expedient for the maintenance and development of RUTHS' ROOMS or for the prevention of danger or to repair damages. In case of imminent danger, neither the Users’ consent nor a set deadline shall be required. The User is obliged to make the rented rooms accessible in such a case and, if necessary, to vacate them without undue delay. All costs resulting from failures shall be borne by the User (replacement costs, damage caused by delay). The User may not reduce the compensation for use because of such necessary work.
12. Data Protection
12.1 RUTHS BERLIN verpflichtet sich Einhaltung des Datenschutzes im Sinne der Datenschutzgrundverordnung DSGVO, siehe https://ruthsberlin.de/datenschutz/
12.2 The User hereby agrees that their personal data which are necessary for the execution of this User Agreement may be stored on data carriers. All data shall be treated by RUTHS BERLIN as well as authorised third parties in confidence.
12.3 The User has the right to revoke their consent at any time with effect for the future. In this case, RUTHS BERLIN undertakes to immediately delete the User’s personal data provided they are no longer relevant for the further performance of the User Agreement and that this is technically possible.
12.4 RUTHS BERLIN records the Users’ presence in the rooms by enabling Users to independently log in to RUTHS BERLIN WiFi system. When using the WiFi system, this records which device has logged in with which MAC or IP address. Furthermore, the network name of each device is recorded. These data are stored for security purposes and deleted after a maximum of four weeks.
13.1 All of the facilities and objects used by the User shall be treated with care. The User shall be liable for any damage or excessive wear which was caused by use that was not in accordance with the User Agreement.
13.2 In allen Fällen, in denen RUTHS BERLIN aufgrund vertraglicher oder gesetzlicher Anspruchsgrundlagen zum Schadens- oder Aufwendungsersatz verpflichtet ist, haftet RUTHS BERLIN nur, soweit den leitenden Angestellten oder Erfüllungsgehilfen Vorsatz, grobe Fahrlässigkeit, oder eine Verletzung von Leben, Körper oder Gesundheit zur Last fällt. Hiervon unberührt bleibt die Haftung für die Kardinalspflichten. Dies sind solche wesentlichen Pflichten, deren Erfüllung die ordnungsgemäße Durchführung des Vertrages überhaupt erst ermöglichen, deren Verletzung die Erreichung des Vertragszwecks gefährden und auf deren Einhaltung die Nutzer*in regelmäßig vertrauen darf. Die Haftung ist jedoch bei einer Verletzung von Kardinalspflichten auf den vorhersehbaren, vertragstypischen Schaden beschränkt.
13.3 RUTHS BERLIN shall not be liable for compensation for Users’ valuables that are lost in RUTHS' ROOMS unless a separate safekeeping agreement was concluded as an exception between RUTHS BERLIN and the User with regard to the lost object. RUTHS BERLIN has informed the User that the rented property does not have any increased protection against burglary and that no liability shall be assumed for items stored there, for example overnight. RUTHS BERLIN does not have any insurance to cover such risks.
13.4 Guarantee liability in accordance with Section 536a BGB shall be excluded.
13.5 The User undertakes to comply with the conditions for use of the WiFi in RUTHS' ROOMS in accordance with Section 6.3.
13.6 RUTHS BERLIN shall not be liable for the infringement of third-party intellectual property rights with regard to the work of the Users, nor for the transmission of data and data carriers by the Users. Within the scope of the use of the services provided by RUTHS BERLIN, especially the use of RUTHS BERLIN internet access, the User undertakes to refrain from all violations of competition law, copyright law, trademark law, data protection law or other laws, whether these are carried out against RUTHS BERLIN or third parties. Should RUTHS BERLIN become aware of such violations, RUTHS BERLIN shall be entitled to terminate the contractual relationship for an important reason. In case of such a violation, the User shall indemnify RUTHS BERLIN from any and all claims by third parties. The User shall reimburse RUTHS BERLIN in the amount of legally applicable attorneys’ fees for costs incurred in asserting its legal rights should claims be made against RUTHS BERLIN by third parties as a result of an infringement of rights.
14. Offsetting and Users’ Right of Retention
14.1 The User shall only have the right to offset if the counterclaim is undisputed or has been legally established. The User is not permitted to assign claims it holds against RUTHS BERLIN.
14.2 The User shall only be entitled to exercise a right of retention to the extent to which their counterclaim is based on the same contractual relationship. Rights of retention may not be asserted for objects owned by third parties.
15. Final Provisions
15.1 The law of the Federal Republic of Germany shall apply.
15.2 The place of jurisdiction shall be the headquarters of RUTHS BERLIN GmbH in Berlin, Germany, provided the Users are merchants in the sense of German law, a legal entity under public law or a special fund under public law.
15.3 Should all or part of an individual provision be invalid or lose its legal effect at a later date, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.
Version: May 2021