General Terms and Conditions

Auerbachs Keller Rothenberger Betriebs GmbH
General Terms and Conditions

Status as of February 2006

1. CONCLUSION OF CONTRACT

A contract is deemed to be concluded where Auerbachs Keller has a written confirmation of reservation that has been signed by the contractual partner. Contractor is Auerbachs Keller Rothenberger Betriebs GmbH. The reservation of rooms or areas constitutes a tenancy. Subletting or subsequent letting requires the written authorisation of Auerbachs Keller.

2. GOODS AND SERVICES; PRICES

All prices stated for goods and services in Auerbachs Keller are all-inclusive. They include the statutory value-added tax and service. Should the statutory rate of VAT alter following conclusion of the contract, then the agreed price shall be altered accordingly. The provision costs for the rooms or space apply as stated in the respectively concluded contract.

We require written information of precise guest numbers at least 2 days prior to the event. We consequently invoice, with a goodwill deduction, 80% of the booked order. In this case the remuneration for the food remains the guaranteed figure even where fewer guests are present. If the number of guests exceeds that stated, then the actual number of guests is definitive for the invoicing of food and drink.

The reimbursement of goods and services paid for but not utilised is not possible. If the time period between conclusion of contract and performance exceeds 4 months, then Auerbachs Keller reserves the right to amend prices without prior notice..

3. CANCELLATION PERIODS / WITHDRAWAL

Free-of-charge cancellation of the entire goods and services 12 weeks prior to the event,
50 % of the agreed goods and services/guaranteed figure free of charge 6 weeks in advance,
25 % of the agreed goods and services/guaranteed figure free of charge 2 weeks in advance.

In all cases of later cancellation we will take goodwill into account and invoice 80% of the booked order.

4. TERMS OF PAYMENT

Our invoices are payable immediately and without deduction. The contractor is entitled to invoice 8% default interest above the respective ECB rate. The customer is liable for the payment of all additional food and drink etc. ordered by event participants. An advance payment of 50% - 80 % of the anticipated sales may be charged for the reservation of the rooms.

5. LIABILITY

The contractual partners of Auerbachs Keller respectively the guest or host themselves are jointly and severally liable to Auerbachs Keller fully for loss caused by themselves, their guests or appointed third parties. It is the duty of the organiser to take out the necessary insurance cover for this. Auerbachs Keller may demand proof of such insurance. Utilisation of the rooms assigned to the guest for purposes other than those agreed entitles Auerbachs Keller to the cancellation without notice of the contractual relationship, without reducing the claim to the agreed remuneration.

To the extent that Auerbachs Keller procures third-party services, technical or other facilities from third parties on behalf of the organiser, it shall be acting in the name of and on account of the organiser; the organiser is liable for the careful treatment and orderly return of these facilities and releases Auerbachs Keller from all claims of third parties arising from the assignment of these facilities.

Delivery, assembly, dismantling and removal of exhibition and other objects is performed solely by the customer and at his sole risk. Details are to be agreed with Auerbachs Keller one week prior to the beginning of the event. On request, assistant personnel may be provided for transportation and assembly where possible, in return for separate remuneration. Auerbachs Keller is not liable for damage or loss of items brought onto the premises.

Auerbachs Keller shall only be liable for lost or damaged exhibition items of the ordering party where its legal representatives or vicarious agents have acted with intent or gross negligence.

Ordering party and organiser shall be liable for damage and/or loss to fixtures and/or inventory of Auerbachs Keller in association with the event, regardless of culpability.

6. SPECIAL INFORMATION

The bringing of food and drink requires the prior authorisation of management. In such cases a service charge resp. corking fee of at least € 15.00 including VAT shall be levied.

Decoration material must comply with fire regulations and - together with other objects - may only be positioned with the authorisation of Auerbachs Keller. The hanging of decoration material on the walls using adhesives, tape, tacks, nails and screws is forbidden. Any damage caused shall be invoiced to the organiser. Any items of decoration are to be removed from the restaurant at the end of the event. Storage shall only occur where Auerbachs Keller agrees to this, and in return for separate remuneration; the choice of storage area is made by Auerbachs Keller. In the event of storage in the conference or exhibition area the storage fee shall be at least in accordance with the agreed room rental fee.

Should failures or defects occur in the technical or other equipment provided by Auerbachs Keller, the restaurant shall organise remedy immediately where possible. The burden of proof is upon the ordering party to show that he has incurred a loss as a result of such failures or defects. Auerbachs Keller shall only be liable for any loss incurred by the ordering party where this is caused by intentional or grossly negligent behaviour on the part of a legal representative or vicarious agent.

The utilisation of the name /and/or trademark "Auerbachs Keller" for any purpose requires the written authorisation of the contractor. All audio and image rights for recordings in Auerbachs Keller are expressly assigned to Auerbachs Keller Rothenberger Betriebs GmbH, without separate agreement. In particular, newspaper advertisements containing invitations to job interviews or sales presentations require the fundamental, prior, written authorisation of Auerbachs Keller. In the event of publication without the authorisation of the restaurant, resulting in significant infringement of the interests of Auerbachs Keller, the restaurant has the right to cancel the event; in this case figure 4 (payment of rent and remuneration) shall apply. Moreover, the contractor has the right to levy licence and utilisation fees. Should Auerbachs Keller have reasonable cause to assume that the event will disrupt the smooth running, safety or reputation of the establishment respectively the guests, or in cases of force majeure, it may cancel the event. The cost of security measures that may be necessary due to the event may be charged to the organiser of the event. Auerbachs Keller is not required to justify the necessity of security measures to the customer. A justified reason for the security measures is sufficient.

7. GENERAL

All amendments require written form. Ordering party and organiser are jointly and severally liable for all obligations arising from this contract. Should individual terms of the contract (including these General Terms and Conditions) prove invalid, this shall not affect the validity of the remainder of the terms. The parties shall replace invalid terms with valid terms that they would have agreed with knowledge of the invalidity of the terms concerned.

The contract is subject to the law of the Federal Republic of Germany. Place of performance and exclusive jurisdiction for all disputes arising from the business relationship is Leipzig.