Terms and Conditions

General Terms and Conditions of Invitata (Invitata – Creative Rooms GmbH)

§ 1 General terms
(1) The General Terms and Conditions apply to all contractual relationships with regard to the services described in § 2, which Invitata (Invitata – Creative Rooms GmbH) – hereinafter also referred to as the supplier – provides to its contractual partners – hereinafter also referred to as the customer or client.
(2) Terms and conditions of the contractual partners, which deviate from these conditions or go beyond them, have no validity without an explicit written confirmation by Invitata (Invitata – Creative Rooms GmbH).
(3) This also applies if Invitata (Invitata – Creative Rooms GmbH) does not object to any restrictions made by the client.
(4) As far as additional services are carried out by third parties and the supplier explicitly does not act as a contractual partner but only as an intermediary, the service relationship exists solely with the third party. Liability on the part of the Provider is excluded in this respect.

§ 2 Service description
(1) The services of Invitata (Invitata – Creative Rooms GmbH) include all services and services in kind, which are necessary for the realisation of the commissioned event.
(2) This includes in particular the conception and/or the provision of time-flexible office, conference, seminar and event architectures, equipped with one or more rooms, internet use, selectable seating and equipment variants as well as the provision of technical office equipment, office material and garage parking spaces; within the framework of the offered service flat rates. Depending on the flat rate selected, the possibility of using certain services is limited to the type of use and / or to a certain period of time.
Details about the scope of the services result from the respective service contract and these General Terms and Conditions.
(3) In addition, Invitata (Invitata – Creative Rooms GmbH) provides further services. These are: Drinks and catering on demand, shuttle service, office services as well as their procurement to external service providers.

§ 3 Registration, Conclusion of Contract
(1) A contract with the Provider can only be concluded after the Customer has approved the offer.
The requested data must be provided completely and correctly. Changes of these data are to be communicated to the supplier immediately. With the registration the customer recognizes these valid general trading conditions.
(2) The contract is concluded upon acceptance of the offer. With the booking by the customer and the submission of a declaration of acceptance / booking confirmation, a contract is concluded with the provider according to the service selected by the customer. These General Terms and Conditions as well as the rules of conduct posted at the location are an integral part of the contract.
(3) Until the acceptance of the order (booking confirmation) all offers of Invitata (Invitata – Creative Rooms GmbH) are subject to change.
(4) If a third party has ordered for the customer, he is liable to Invitata (Invitata – Creative Rooms GmbH) together with the customer as joint debtor for all obligations from the contract of use and service.
(5) The customer ensures that all necessary and/or all cooperation and information of the customer or his vicarious agents agreed upon when placing the order are provided in time, to the necessary extent and free of charge for Invitata (Invitata – Creative Rooms GmbH).
(6) As far as Invitata (Invitata – Creative Rooms GmbH) acts as an agent and agency of services, artistic performances etc., the respective customer commits himself not to use the contacts established by Invitata (Invitata – Creative Rooms GmbH) for the conclusion of direct business. This obligation of the client is limited to the concrete duration of the individual order. In case of a breach of this obligation Invitata (Invitata – Creative Rooms GmbH) is to be placed in such a way as if the unauthorised direct business had been mediated by Invitata (Invitata – Creative Rooms GmbH). In this case Invitata (Invitata – Creative Rooms GmbH) is entitled to payment of the brokerage commission per violation of the client, which the client would have paid to Invitata (Invitata – Creative Rooms GmbH) for the concrete brokerage transaction.

§ 4 Remuneration, tariffs, payment modalities
(1) All prices are net prices plus the applicable statutory value added tax of currently 19% and refer only to the specified services. Additional services are to be remunerated separately.
(2) Unless otherwise agreed, invoiced amounts are due for payment immediately upon receipt of the invoice. The contractual partner shall be in default at the latest if it does not make payment within 10 days of the due date and receipt of an invoice. Receipt on the account of the supplier is decisive for the timeliness of the payment. Invitata (Invitata – Creative Rooms GmbH) is entitled to make each individual service due at any time immediately after its provision and to demand immediate payment.
(3) The supplier is entitled to demand the full agreed payment or an adequate advance payment at the conclusion of the contract or afterwards. The amount of the payment and the payment dates may be agreed in writing in the contract.
(4) In the event of late payment, the Provider is entitled to charge flat-rate additional costs per reminder in the amount of € 5.00 plus interest on arrears in the amount of the damage incurred by it, but at least in the amount of the statutory interest rate in accordance with § 288 para. 2 BGB. The obligation to pay default interest does not exclude the assertion of further damages caused by default.
(5) The contract partner can only offset or reduce a claim of Invitata (Invitata – Creative Rooms GmbH) with an undisputed or legally established claim.

§ 5 Execution of the contract
(1) Organisational key data, in particular possible changes in the number of participants and event time (start and end incl. preparation and follow-up time) as well as further execution requests are communicated to Invitata (Invitata – Creative Rooms GmbH) by the customer at the latest by the date stated in the booking confirmation, provisionally at the latest 5 working days before the start of the service.
(2) Booked services are available to the customer from the agreed time for the agreed time. He has no claim to an earlier or extended provision. This also applies to preparatory and follow-up work by the customer on the provider’s premises. If the agreed start and end times are postponed, Invitata (Invitata – Creative Rooms GmbH) can charge additional costs, unless the provider is responsible for the postponement.
(3) Services not estimated in the offer, which are carried out on request of the customer or additional expenses, which are caused by incorrect information of the customer, by delays through no fault of the customer or by not punctual or professional advance performance of third parties, as far as they are not vicarious agents of the supplier, will be charged additionally to the customer according to the current rates of remuneration of Invitata (Invitata – Creative Rooms GmbH). Changes can lead to postponements of binding and non-binding delivery and service dates and deadlines, for which Invitata (Invitata – Creative Rooms GmbH) is not liable.
(4) Bringing food, drinks and materials offered by Invitata (Invitata – Creative Rooms GmbH) as well as technical equipment is generally
prohibited. In exceptional cases a different agreement can be made in writing, in which the customer commits himself to compensate the lost turnover either partially or completely. In the case of infringement the supplier is entitled to demand a flat rate for the loss incurred, which corresponds to the amount which would have accrued to Invitata (Invitata – Creative Rooms GmbH) for the provision of the service.
(5) The placing of posters, decorative materials or similar in not booked rooms (e.g. common areas, corridors, outside areas) require the prior written consent of Invitata (Invitata – Creative Rooms GmbH) and can be made dependent on the payment of an additional fee. These and other objects must comply with the local fire protection police and other regulations. If the objects brought in by the customer are not taken away immediately after the end of the event, a storage by Invitata (Invitata – Creative Rooms GmbH) will take place, for which a remuneration customary in the location at least in the amount of the rental costs for the used room is owed by the customer.
(6) Recordings in picture and sound (photos, videos, digital recordings, audio recordings or other forms) of rooms, equipment, setups etc. as well as employees and vicarious agents of the supplier are not permitted without written consent of Invitata (Invitata – Creative Rooms GmbH).
(7) Newspaper advertisements, other advertising measures and publications, which show a reference to the Invitata (Invitata – Creative Rooms GmbH), generally require the prior written consent of the Invitata (Invitata – Creative Rooms GmbH). This is also valid for invitations.
(8) The supplier is allowed to carry out improvements, repairs and structural changes, which are expedient for the preservation and the extension of the building booked as venue or of corresponding rooms for the prevention of dangers or for the removal of damages, after timely arrangement of dates (at least 3 days before) with the customer. In case of imminent danger, there is no obligation to keep a prior appointment. The customer is obliged to tolerate expedient work within the meaning of sentences 1 and 2 and may therefore neither reduce the remuneration nor be entitled to claims for damages on this account.
(9) Services in kind and rooms may only be used for the customer’s business designated in the contract and for the specified purpose. The right of use is not transferable. A transfer of use to third parties not covered by the contract of use is not permitted.
(10) In case of a culpable violation of these duties according to § 5, which leads to a damage of Invitata (Invitata – Creative Rooms GmbH), the customer has to compensate this damage.

§ 6 Withdrawal (Cancellation)
(1) If a date for the cost-free withdrawal from the contract deviating from §6(2) has been agreed in writing between the supplier and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims on the part of the supplier.
(2) Cancellation up to six weeks before the event is free of charge.
– In the event of cancellation six weeks or less before the start of the service, the Provider shall be entitled to charge 50%,
– from 4 weeks before the start of the service 70%,
– from 2 weeks up to 48 hours before the start of the service 90%,
– thereafter charge 100% of the lost net sales, consisting of the agreed total price including the lost beverage and consumption sales, plus the statutory VAT.
The last stated number of participants will be used for the lost drinks and consumption turnover if no final agreement has been made in accordance with §§ 3, 5. The cancellation must be made in writing and confirmed by Invitata (Invitata – Creative Rooms GmbH).
(3) If an advance payment has been agreed and is not paid, the supplier is also entitled to withdraw from the contract and can demand corresponding cancellation fees according to paragraph 3.
(4) Furthermore the supplier is entitled to withdraw from the contract for an objectively justified reason, for example if:
a) force majeure or other circumstances for which the supplier is not responsible make it impossible to fulfil the contract;
b) events are booked under misleading or false statements of material facts, e.g. the customer or the purpose;
c) the supplier has justified reason to believe that the event may endanger the smooth running of the business, the safety or the reputation of the supplier in public (e.g. danger to reputation, extremist event), without this being attributable to the control or organisational area of Invitata (Invitata – Creative Rooms GmbH);
d) a violation of other legal or contractual regulations concerning the contractual relationship.
(5) In the event of a justified withdrawal by the Provider, the Customer shall have no claim to damages.

§ 7 Data Protection
(1) Both contracting parties shall observe and apply the applicable provisions of data protection law. In particular, the following shall apply:
a. The Provider and the Customer shall maintain data secrecy, in
particular
also in data traffic via the respective other contracting party, and shall report violations of the law.
b. Employees of the contractual partners employed in connection with the contractual relationship are to be obligated to maintain data secrecy in accordance with § 5 BDSG, insofar as they have not already been obligated to do so.
(2) The customer declares his consent that his personal data necessary for the execution of the contract are stored on data carriers. Furthermore, the user has the right to revoke his consent at any time with effect for the future. In this case, the Provider undertakes to immediately delete the Customer’s personal data from the data carriers.
(3) In case of a culpable violation of the obligations according to paragraph 1 and paragraph 2, which leads to a damage of Invitata (Invitata – Creative Rooms GmbH), the user has to compensate this damage.

§ 8 Liability, Warranty, Insurance
(1) Invitata (Invitata – Creative Rooms GmbH) is not liable for service disruptions and damages in connection with services, which are only mediated as external services and/or which are explicitly marked as external services in the offer.
(2) If in case of an intermediary business one of the clients is not able to fulfil his obligations, Invitata (Invitata – Creative Rooms GmbH) has to be exempted from all claims of the respective other client. This is also valid for claims from breach of contract or other claims for damages.
(3) Should a service not be provided or not be provided according to the contract, the client has to give notice of the service deficiency immediately and demand remedy. The client can only refuse substitute services, also personal ones, of Invitata (Invitata – Creative Rooms GmbH), if this is not reasonable for him for an important reason recognisable to Invitata (Invitata – Creative Rooms GmbH).
(4) The supplier provides the user with technical equipment and other objects in a perfect condition. The equipment will be tested and maintained regularly. The user is responsible for ensuring that the equipment and other items provided by the provider are handled with care by him or his employees. The use of the services for illegal purposes or purposes excluded in this contract is prohibited. The user undertakes not to use the services in such a way as to damage, destroy, overload or otherwise render unusable the infrastructure provided or to cause interference with the same for other users. The user is liable for any damage to the objects made available by the provider within the scope of the usage relationship and is obliged to compensate the provider.
(5) The Client, its guests, customers and employees are solely responsible for all actions and omissions within the scope of Internet use and must in particular also comply with § 7 of these conditions and protect confidential data and information in such a way that unauthorized third parties cannot view or access it.
(6) Invitata (Invitata – Creative Rooms GmbH) endeavours to eliminate malfunctions of technical or other equipment provided to the supplier upon immediate complaint of the contract partner. Payments cannot be withheld or reduced as far as Invitata (Invitata – Creative Rooms GmbH) is not responsible for these disturbances.
(7) In all cases, in which the supplier is obliged to compensate for damages or expenses in
business transactions due to contractual or legal bases of claims, the supplier is only liable, as far as he is charged with intent, gross negligence or an injury to life, body or health. This does not affect liability for culpable breach of essential contractual obligations and guarantees. In this respect, however, liability is limited to the foreseeable damage typical for the contract. Liability for consequential damages, in particular for loss of profit or compensation for damages suffered by third parties, is excluded unless the Provider is guilty of intent or gross negligence.
(8) The Customer shall obtain any official permits required for events in good time and at its own expense. The Customer shall be responsible for
compliance with public-law requirements and other regulations.
(9) The Provider assumes no liability for the infringement of third party intellectual property rights in relation to the work of the User,
nor for the transmission of data and data carriers by the User. The User is responsible for ensuring that all violations of competition law, copyright law, trademark law, data protection law or other legal violations within the framework of the contractual relationship with the Provider are avoided. In the event of a legal violation, the User shall hold the Provider harmless from any claims of third parties. The User shall reimburse the Provider for the costs of legal action in the amount of the statutory attorney’s fees in the event that claims are asserted against the Provider by third parties as a result of a legal violation.
(10) The Provider assumes no liability in the event of loss, damage or theft at the venue.

§ 9 Copyright and right of use
(1) Invitata (Invitata – Creative Rooms GmbH) is entitled to take photos at all events organised by it. Invitata (Invitata – Creative Rooms GmbH) has the exclusive copyright and right of use to these photos. Invitata (Invitata – Creative Rooms GmbH) is therefore in particular also entitled to use event photos for its own advertising purposes – irrespective of the specific distribution medium.
(2) The regulation in Paragraph 1 does not concern any personal rights of persons depicted.
Special agreements are to be made with regard to the consent of any persons depicted, insofar as the provision of § 23 KUrhG does not apply.

§ 10 Right of reference
(1) Invitata (Invitata – Creative Rooms GmbH) is entitled to disclose the activity for the Client to third parties for reference purposes during and after the execution of the contract and to use the services provided for the Client as a reference in other contexts, regardless of the specific medium. In particular, naming of the client/customer on the Invitata homepage (Invitata – Creative Rooms GmbH) and in social media is agreed.
(2) The customer is entitled to object to this in writing with effect for the future insofar as he can prove a justified interest for this. In advertising and similar measures Invitata (Invitata – Creative Rooms GmbH) is also allowed to refer to itself. Invitata (Invitata – Creative Rooms GmbH) is entitled to these rights without any claim for payment by the customer.

§ 11 Choice of Law and Place of Jurisdiction
(1) German law is applicable to the present contract including these terms and conditions.
(2) The place of jurisdiction is Munich.

§ 12 Severability clause and written form
(1) The validity of the contract including these terms and conditions shall remain unaffected even if individual provisions are initially or subsequently legally invalid.
(2) Amendments and supplements to the contract including these terms and conditions must be made in writing.