ERA Conference Centre (ECC)
General Standard Terms and Conditions
As of 01 August 2012
Conclusion of contract, contracting parties
The contract shall be concluded when ERA acknowledges the order placed by the Client; ERA and the Client shall be the parties to the Contract.
Subletting or re-letting rooms, premises or equipment made available to the Client shall be subject to prior written approval by ERA.
Subject matter of contract
The subject matter of the Contract shall be the rooms, premises, furnishings and technical equipment of the ECC and other services, as specified in the confirmation of the order. The Client shall be permitted to use the rooms and the technical equipment for the purpose of the agreed event and for the agreed period of time. Any use of the rooms and equipment beyond the agreed rental period shall be subject to approval by the lessor and shall involve an extra charge.
Services, prices, payment
ERA shall be obliged to render the services ordered by the Client and promised by ERA. Should the agreed meeting rooms not be available for whatever reason, ERA shall be obliged to provide equivalent meeting rooms within the ECC or outside. The same shall apply to furnishings and technical equipment.
The Client shall be obliged to pay the agreed consideration for these services to ERA. This shall also apply to expenses incurred by ERA for agreed supplementary services (e.g. interpreters).
The Client shall not be allowed to bring along food or drinks to events. If otherwise agreed upon in special cases, the ECC shall at any rate charge a service or corking fee.
Invoices made out by ERA without any due date shall be due and payable within 14 days from the date of invoice without discount. In case of a delay in payment, ERA shall be entitled to charge interest at a rate of 2.5 per cent above the German central bank’s discount rate.
ERA shall be entitled to request, along with payment of the consideration, an advance payment for incidental expenses as well as a security deposit. The purpose of the latter shall be to provide collateral for all claims of ERA arising from and in connection with the Contract. This applies in particular to supplementary services to be provided by ERA (e.g. booking hotel rooms).
All the quoted prices shall include the statutory value added tax.
Changes in the number of participants and timing of the event
ERA shall be notified of any changes in the number of participants by more than 10 per cent no later than five working days before the event begins. The maximum number of participants allowed per room shall not be exceeded without prior approval by ERA. A reduction of the number of participants shall not create any claim on the part of the Client to reduce the consideration. ERA shall be informed about the definitive number of participants no later than 3 working days before the event.
If the number of participants increases, participant-related charges shall be calculated on the basis of the actual number of participants.
If the Client’s event begins or ends at times other than those agreed, without prior approval by ERA, and if this affects subsequent events, ERA shall be entitled to assign other rooms to the Client, either on ERA’s premises or outside. The Client shall be invoiced for any costs incurred, unless the delay was ERA’s fault.
Termination of contract by ERA
If the Client fails to make the advance payment, ERA shall be entitled to terminate the Contract. Furthermore, ERA shall be entitled to terminate the Contract if:
- it is impossible to perform the Contract because of force majeure or other circumstances beyond ERA’s control.
- misleading or false statements were made about the Client, the organiser or the purpose of the event when the event was booked.
- ERA has reason to believe that the event may jeopardise ERA’s smooth business operations, its safety or its reputation.
- the Client or event organiser has invited participants to selection interviews, sales talks or similar events without ERA’s prior written approval.
ERA shall notify the Client without delay of its intention to exercise its right to terminate the Contract. The exercise of the right to terminate the Contract shall not create any claims for damages on the part of the Client or the event organiser against ERA.
Cancellation of contract by the event organiser / cancellation fees
The Client shall be entitled to cancel the Contract up to 90 days before the beginning of the event. Should the Client cancel the Contract after the period cited above, ERA will charge to the Client the following percentage rates of the agreed consideration as cancellation fees:
- 89 to 60 days: 45 per cent
- 59 to 30 days: 55 per cent
- 29 to 0 days: 80 per cent
Catering services during all kinds of events organised on the premises or in the building of the landlord shall be provided exclusively by the landlord or by a subcontractor appointed by the latter. This shall apply in particular to food and beverages.
Technical equipment and connections
If ERA procures technical and other equipment for the Client from third parties, it shall do so on the Client’s behalf and for the Client’s account. The Client shall be liable for the proper treatment and orderly return of the equipment. The Client shall indemnify ERA against any third party claims arising from the use of such equipment. This shall also apply if the Contract is cancelled by ERA or the Client.
The connection of the Client’s own electrical equipment to ERA’s power supply shall be subject to prior written approval by ERA. ERA shall be entitled to estimate and charge the cost of electricity to the Client as a lump sum. Any failure in or damage to ERA’s technical equipment caused by the Client’s devices connected to ERA’s power supply shall be charged to the Client. The Client shall be obliged to use only the available telephone, fax and data transmission equipment for communication purposes. The installation of other devices in addition to the available telecommunications equipment shall be at the Client’s expense. ERA will charge a one-off lump sum for the installation of each device. The fees shall be invoiced as itemised. Where possible, malfunctions in the technical or other facilities made available by ERA will be immediately remedied. The Client shall not be entitled to retain or reduce payments on account of such malfunctions.
ERA shall be liable for the performance of its obligations under this Contract up to the amount of the agreed consideration. This liability shall be limited to defects in performance caused intentionally or by gross negligence.
The Client or event organiser may, at its own risk, bring along exhibits or other items to the ECC’s premises. ERA shall not assume any liability for the loss, destruction or damage to such items, save in cases of gross negligence or intent by ERA.
ERA shall not assume liability for articles of clothing or valuables of the Client and the event organiser and their guests or participants of the event.
The Client shall bear the full risk of the event, including its preparation and its subsequent execution. The Client shall be liable for any personal injury or property damage caused by the event organiser, the latter’s representatives, guests or other third parties in connection with the event, and the Client shall indemnify ERA against any claims for damages that may be lodged in connection with the event. For this reason, the Client shall be obliged to take out third-party liability insurance and to furnish proof of such insurance cover to ERA at the latter’s request.
If the ECC’s premises are sublet or re-let, the Client and the event organiser shall be jointly and severally liable for any obligations arising from this Contract.
If technical equipment is let outside the ECC (e.g. mobile simultaneous interpreting equipment), ERA shall be liable up to a maximum of the full fee agreed for the rental period. ERA shall not assume any liability for damage caused as a consequence of a failure of the equipment, save in cases of wilful conduct or gross negligence by ERA employees or vicarious agents. The Client shall be charged the cost of acquisition for lost or damaged technical equipment.
our general terms and conditions apply.
ERA shall have sole domestic authority in its entire building and on its premises, save in cases where, by operation of the law, domestic authority is due to the Client or event organiser. When exercising its domestic authority, ERA shall take into account the legitimate interests of the Client and the event organiser.
Domestic authority shall be exercised by employees authorised by ERA. The instructions given by such staff shall be strictly followed, and they shall be granted access at any time to the premises that the Client has been permitted to use.
Unless otherwise agreed in writing, technical equipment shall only be operated by ERA staff; this shall also apply to connecting devices to ERA’s lighting or power system.
All fire alarms, fire hydrants, smoke flaps, electric distribution and control panels, telephone distributors as well as heating and ventilation systems shall remain easily accessible and unobstructed. This shall also apply to emergency exits.
All modifications made or fittings and decorations affixed by the Client or event organiser shall be at the latter’s expense. Superstructures shall comply with German building and fire regulations. The Client and event organiser shall also bear the cost of restoring the original condition. The use of nails or adhesive to fix objects on walls or floors is not permissible. Any material made available by ERA shall be returned in a flawless condition. The Client shall be liable to pay compensation for any damage done to walls, floors or leased objects.
The use of decorating materials or other objects shall be subject to prior approval by ERA. The Client and the event organiser shall be liable for complying with German fire and building regulations.
If premises are left extremely soiled, ERA shall charge a cleaning allowance to the Client or event organiser for cleaning up the premises.
Smoking is not permitted in either of ERA’s buildings. The use of flammable material (in particular fluids such as methylated spirits) shall also be prohibited.
In the interest of noise abatement, noise emissions during events currently shall not exceed a level of 85 decibels. If this level is exceeded, ERA reserves the right to interrupt the event. Any claims for damages by third parties arising in this context shall affect the Client or event organiser.
We reserve the right to adjust the rental fee if necessary. This will be the case in particular if the premises are not used for the purpose of holding meetings or conferences, if a greater cleaning effort is required and/or if energy consumption can be expected to be higher or if a caterer is engaged to prepare the food on site. If more staff is needed than originally planned, this may also lead to an adjustment in the rental fee.
In order to avoid confusion with ERA events, the lessee is prohibited from advertising their event using either the names ‘ERA’ or ‘Academy of European Law’. In publications indicating the venue (invitations, conference agenda, mailing etc), only the formulations ‘ECC’ or ‘ERA Conference Centre’ are permitted. The lessee is also responsible for adherence to these rules by third parties. Should the lessee not comply with these requirements, ERA reserves the right to claim compensation.
Alterations and supplements to these Terms and Conditions must be made in writing. Unilateral alterations or supplements by the Client or the event organiser shall be ineffective.
The place of performance shall be Trier.
The courts in Trier shall have exclusive jurisdiction for any disputes arising from these Terms and Conditions, including disputes involving checks and bills of exchange. If a contracting party meets the requirements of Section 38(1) of the German Code of Civil Procedure and does not have a venue in Germany, Trier shall be the venue for the settlement of disputes.
German law shall be applicable.
Should specific provisions of these General Standard Terms and Conditions be invalid, this shall not affect the validity of the other provisions. The invalid provisions shall be replaced by valid provisions that come as close possible to the intended meaning and the purpose of the invalid provisions. The same shall apply to gaps in the Contract.