General Terms and Conditions

General Terms and Conditions

FAC2 2
General Terms and Conditions of Fraport AG for Renting Conference Rooms (valid as of May 2009).
§ 1 Validity
  1. The following terms and conditions shall govern the lease of conference rooms at the Airport Conference Center (ACC) and any additional services and supplies in connection with the event for which the space is leased.
  2. Deviating terms, to the extent they are included in the General Terms and conditions of the contract partner, do not apply unless Fraport AG has given its express consent in writing.
§ 2 Conclusions of Rental Contract
  1. By acknowledging a reservation in writing (acknowledgement of order), Fraport AG submits an offer to the prospective lessee. The lessee shall accept the offer by signing the acknowledgement of order. The rental contract will become effective when the lessor is in receipt of the duly signed duplicate of the order acknowledgement form.
  2. In case the booking party is not identical with the organizer, both the booking party and the organizer shall be jointly and severally liable to Fraport AG.
  3. Subletting of the leased property requires prior agreement of Fraport AG.
§ 3 Leased Property
  1. The conference room, including equipment, indicated on the order acknowledgement form shall be handed over to the lessee in perfect condition and at the agreed price for the duration of the rental period. Fraport AG reserves the right to assign to the lessee a room in the ACC other than that indicated, if required for good cause.
  2. Unless the lessee lodges complaints at the time of taking over the room, the room shall be deemed perfect on handover. Complaints lodged at a later date cannot be considered.
  3. Fraport AG reserves the right to inspect the room together with the lessee both at the beginning and end of the rental period.
  4. Arrangements, implementation and dismantling work connected to the event must be done in cooperation with Fraport AG. The lessee must observe existing regulations and laws governing locations where people meet, accident prevention and fire prevention. The lessee is solely responsible for providing all required notifications, observance of regulations and laws and requirements imposed by government agencies. To the extent required, the lessee must initiate and bear the costs for any acceptance procedures conducted by the competent government agencies.
§ 4 Gastronomic Services
  1. Gastronomic services are not part of the rental contract.
  2. The caterer in the ACC – LSG Sky Chefs Lounge GmbH – can be requested to provide gastronomic services. With the reservation acknowledgement the lessee will receive the General Terms and Conditions of  LSG Sky Chefs Lounge GmbH for the ACC catering services.
  3. If the lessee does not order food and beverages directly from  LSG Sky Chefs Lounge GmbH but from  LSG Sky Chefs Lounge GmbH as part of the reservation of the conference room via Fraport AG, then Fraport AG is entitled to give  LSG Sky Chefs Lounge GmbH customer data (first name, last name, address, e-mail address, telephone number) and credit card information (card company, card number, validity) of the lessee for invoicing purposes connected to catering services. The lessee consents that the above-mentioned data are sent to  LSG Sky Chefs Lounge GmbH for invoicing purposes and that this data can be collected, processed and utilized.
  4. The lessee can arrange for catering to be provided by a caterer of his choice. In such a case the gastronomic equipment must be provided by the external caterer.
§ 5 Rent Price
  1. The rent price specified in the order acknowledgement shall apply.  This price includes the costs of air-conditioning, general room lighting, standard cleaning and use of the conference equipment specified in the acknowledgement of order.
  2. Total charges invoiced shall include the rent price and the cost of any additional services rendered, in particular the cost of using conference equipment, which in the acknowledgement of order has been specified as being subject to additional charges, plus statutory value-added  tax. The invoice is payable, without deduction, within 10 days after the date of issue. Unless otherwise specified, Fraport AG may at any time demand payment in advance up to the amount of the expected invoice total. Supplementary time of use will be charged for every hour in accordance with the current pricelist.
  3. If payment is delayed, Fraport AG is entitled to charge interest on arrears at a rate 5 percent above the six-month EURIBOR identified for the date on which the invoice was due. This shall not affect the lessee's liability to pay for further damage caused by delay of payment. In case of late payment the lessee shall be deemed in arrears without further notice.
§ 6 Liability
  1. The lessee shall be liable, in accordance with the provisions of the law and the terms and conditions of the contract, for personal injury and damage to property, including any consequential damage (financial damage), caused by the lessee, persons authorized by the lessee or guests of the lessee. The lessee shall indemnify Fraport AG against any legal liability for all claims by third parties for damages incurred in connection with the use of the leased property.
  2. Fraport AG accepts no liability for property brought in by the lessee, or by persons authorized by the lessee, or by guests of the lessee. The lessee undertakes to clear the premises on expiry of the rental contract and to return all appurtenant equipment in its original condition. Fraport AG is entitled to have the premises cleared or repaired at the cost of the lessee.
  3. The lessee shall be liable to Fraport AG for any loss of rent resulting from damage to or necessary repairs of the leased property.
  4. Fraport AG shall be liable only for damages arising from defective condition of the leased property or from a culpable act of Fraport AG in breach of its obligations. Fraport AG shall not be liable for failure of equipment, breakdowns or other incidents affecting the use of the leased property, unless caused by Fraport AG wilfully or by gross negligence.
  5. The lessee shall take out a third-party liability insurance and present the policy on request.
  6. During the lease period the lessee is responsible to keep the leased premises safe for persons or vehicles.
§ 7 Display Material

Display material or other items shall not be put on the wall without prior agreement of Fraport AG to avoid damage to the walls. The lessee guarantees that decorative materials, in particular, will comply with fire safety requirements. In case of doubt, Fraport AG may ask the lessee to present  a certificate of fire approval from the responsible authority (government agency).

§ 8 Domiciliary Right

Authorized agents of Fraport AG shall be granted access to the leased property at any time. Instructions from airport security personnel must be complied with. In all other respects the provisions of the Airport User Regulations shall apply.

§ 9 Cancellation
  1. Fraport AG is entitled to withdraw from or terminate the contract without notice and without liability to pay compensation if· the lessee violates the terms and conditions of the rental contract,· there is reason to fear that the planned event will disturb law and order or will be detrimental to Fraport AG's reputation,· the leased property cannot be made available for reasons which are beyond the control of Fraport AG,· in case of an emergency at the airport the leased property cannot be made available or has to be vacated to hold an emergency press conference.
  2. The lessee shall be notified immediately of the withdrawal from the contract or termination without notice.
  3. Should the lessee withdraw from the contract for a reason not connected to Fraport AG's responsibilities, the lessee is committed to pay a cancellation fee to Fraport AG amounting to
    o 75% up to 14 days before the day of the event
    o 100% on the day of the eventbased on the rent price plus VAT.
    Fraport AG's priority will be to attempt finding a new lessee before requesting the payment of the cancellation fee.
§ 10 Data Protection
  1. Fraport AG will utilize and process the person-related data, which it receives from the lessee, according to existing data protection laws. This data is used for the processing and invoicing of the lessee order, customer administration, surveys and marketing. The data will only be used to the extent needed. Fraport will not store the data for a period longer than required for the actual purpose.
  2. Fraport AG will not pass on this data to third parties unless the lessee gives his express consent or Fraport AG contracts third parties to implement the measures in point 1. above. In such a case Fraport AG will agree with the contracted company that the data protection laws must be observed.
  3. The sending of person-related data to government agencies will only occur if legal requirements to send the data exist. Employees of Fraport AG, who are involved in the processing of person-related data, are committed to maintain secrecy and abide by the data protection laws.
§ 11 Supplemental Agreements and Place of Jurisdiction
  1. The foregoing General Terms and Conditions are an integral part of the rental contract.
  2. Supplements, amendments or additions to the contract must be made in writing.
  3. Should individual provisions of these General Terms and Conditions be or become invalid, this does not prejudice the effectiveness of the remaining provisions.
  4. The place of performance and jurisdiction is Frankfurt am Main, provided the lessee is a registered merchant.

Fraport AG