General Terms and Conditions of ISARflair Event GmbH (hereinafter referred to as ISARflair)
§ 1 Scope, Conclusion of Contract, and Applicable Terms
ISARflair provides all deliveries and services in the field of event management and the provision of conference, banquet, and event rooms at the ISARflair Eventlocation Isarpost, Sonnenstraße 24-26 in Munich, including personnel services and the mediation of goods and services from third parties, exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as GTC).
The GTC also apply to all additional and supplementary orders as well as to all future deliveries and services by ISARflair, even if they are not expressly agreed upon again. The GTC are available for inspection on the homepage https://isarpost-eventlocation.de or can be provided to the customer in paper form upon request. Deviating contractual conditions of the customer do not apply.
§ 2 Offers and Prices
Offers from ISARflair are always non-binding. A contract is concluded when ISARflair accepts the customer’s order by email, fax, or post. If the service is provided by ISARflair without the acceptance being expressly declared, the contract is concluded at the commencement of the execution of the service under the conditions of the offer.
Deliveries and services are provided at the prices and special conditions of the respective offer as well as any additional conditions agreed upon in writing. All prices are exclusive of the applicable statutory VAT, currently either 7% or 19%.
§ 3 Subject Matter of the Contract
Content, quality, scope, duration, and purpose of the services are determined, unless otherwise agreed, by the offer signed by the customer from ISARflair. The rights and obligations of the parties are determined in the following order:
a. the offer from ISARflair;
b. these GTC;
c. the house rules;
d. the statutory regulations, provided that they are not regulated otherwise herein.
Organizer Obligations of the Customer
The customer designated in the offer is the organizer and bears the corresponding obligations. Subleasing or further transfer of the contractual subject is excluded; there is no right to consent (§ 540 para. 1 sentence 2 BGB).
Changes and Equivalence
ISARflair may replace assigned rooms or services if there are legitimate interests and an equivalent replacement is provided. There is no entitlement to a price reduction.
Unstated Services
Services not explicitly mentioned are neither main nor ancillary services, unless they are essential for the provision of the agreed services. Additional effort will be charged according to the current price list.
§ 5 Return of the Contractual Subject
The customer must return the contractual subject in proper condition at the end of the contract period. If the customer defaults, ISARflair is entitled to have the rooms cleared at the customer’s expense and risk. ISARflair may claim compensation for use, without affecting any claims for damages.
§ 6 Remuneration
Payment Obligation
The customer is obliged to pay all contractually agreed services, including those provided by third parties and advanced by ISARflair.
Food Costs
Billing is based on the reported number of guests, which must be communicated definitively up to seven (7) working days before the event. Reduction is not possible thereafter.
Beverage Costs
Adjustments to the number of guests are possible up to two (2) working days before the event. Unreported reductions or “no-shows” will be charged at €5.00 per person.
Setup and Dismantling Days
The schedule must be communicated at the time of contract conclusion. Otherwise, ISARflair may set the period itself.
Advance Payment and Security Deposit
ISARflair may require up to 100% of the contract amount as an advance payment. Without the provision of an advance payment, ISARflair is not obliged to provide the service.
Cash Deposit
ISARflair is entitled to request a reasonable cash deposit. Upon contractual compliance in vacating and returning the premises, the deposit will be refunded to the customer after settling the invoice. ISARflair is entitled to withhold costs for the removal of any damage or wear and tear beyond normal use from the deposit. Billing will occur no later than when it is established that ISARflair has no further claims against the customer.
§ 7 Self-Brought Food and Beverages
The customer is generally not permitted to bring food and beverages themselves. Exceptions require explicit agreement. In such cases, ISARflair may charge a surcharge to cover overhead costs.
§ 7 Withdrawal by the Customer
Conditions for Withdrawal
A withdrawal by the customer requires that a contractual or legal right of withdrawal exists. An agreed right of withdrawal can only be exercised free of charge until the agreed date. Thereafter, the right of withdrawal expires.
Remuneration Claim upon Withdrawal
If there is no contractual right of withdrawal or if a withdrawal is declared after the agreed date, ISARflair retains the right to the agreed remuneration. However, ISARflair must offset this with revenues from alternative rentals and saved expenses. Flat-rate withdrawal costs:
- From order confirmation up to 90 calendar days before the rental start: 10% of total costs.
- 89 to 30 calendar days before the rental start: 50%.
- 29 to 15 calendar days before the rental start: 75%.
- 14 calendar days or less: 100%.
Special Regulations in Case of Force Majeure
In the event of a government-ordered event ban (e.g., pandemic), only 10% of the total costs, which consist of offer preparation and consultation, will be charged. Trial meals and on-site appointments are to be considered separately.
§ 8 Withdrawal by ISARflair
ISARflair is entitled to withdraw from the contract if:
- The customer does not provide payments or proofs in a timely manner,
- The customer changes the purpose of use without consent,
- Public safety or the reputation of ISARflair is endangered,
- Official permits are missing,
- Force majeure makes the provision of the contractual subject impossible.
ISARflair may cancel the event without providing reasons up to 28 days before the event date. Shorter cancellations are only permitted for compelling reasons (e.g., natural disasters). In this case, the customer has no claim to damages.
§ 9 Use of the Contractual Subject / Custodial Obligations
The agreed purpose of use of the event may only be changed with the written consent of ISARflair. ISARflair reserves the right to refuse events that disseminate violence-glorifying, politically extreme, or youth-endangering content.
The customer must appoint a responsible person who is present during the event and accessible to ISARflair.
§ 10 Usage Conditions for Room Rentals
Furnishings
The agreed furnishings will be provided by ISARflair or commissioned third parties according to the requirements of the Assembly Venue Ordinance by the start of the event. Subsequent changes require consent, and any additional costs are borne by the customer.
Advertising
Advertising for an event taking place in the contractual subject is solely the responsibility of the renter. Advertising in rooms and areas of ISARflair as well as the property owner’s areas not included in the contract requires the special consent of ISARflair.
Advertising materials (posters, flyers, etc.) intended for use must be submitted to ISARflair for approval before publication. ISARflair is entitled to refuse publication if it may harm ISARflair’s public image or contradict other significant interests of ISARflair. ISARflair is not obliged to remove advertising materials already present on their premises at the time of submission, even if there is a competitive relationship with the renter’s advertising items. ISARflair is entitled to present itself in all its own rooms through self-promotion of any kind. Texts and impressions concerning ISARflair will be provided by ISARflair itself. On all printed materials, posters, tickets, invitations, etc., the organizer must be indicated to make it clear that there is only a legal relationship between the event visitor and the customer, and not between visitors, third parties, and ISARflair.
3. Official Permits and Legal Reporting Obligations
ISARflair may require proof of registrations, official permits, and the payment of GEMA fees before the event. The customer is obliged to comply with all legal requirements, especially regarding youth protection, trade regulations, and the Assembly Venue Ordinance.
Entrance, cloakroom, and toilet fees may only be collected if contractually agreed. Parking spaces can be rented subject to availability; there is no entitlement to a parking space. Used parking areas must be cleared at the end of the rental period.
4. Image, Film, and Sound Recordings, Broadcasting, and Television
Commercial recordings by the customer or commissioned third parties require prior written consent from ISARflair. Separate remuneration may be agreed upon.
Press representatives are admitted within the framework of applicable security regulations; planned reporting must be reported in advance. Reports that impair the reputation of ISARflair are not allowed. The customer guarantees that their guests consent to the creation and use of image and sound recordings. The customer releases ISARflair from any claims by third parties.
5. Technical Facilities
Technical requirements must be communicated before the conclusion of the contract. The operation of technical facilities is reserved exclusively for authorized persons. ISARflair assumes no liability for technical defects arising from insufficient communication by the customer.
6. Safety Regulations
The use of spirits, gas, or similar materials is prohibited. Decorations must be flame-retardant. ISARflair may require appropriate proof. Fire safety and accident prevention regulations must be observed. Emergency services (police, fire brigade, emergency medical services) may be deployed if necessary; costs are borne by the customer.
§ 11 Liability
Liability of the Customer
The customer is liable for all damage caused by themselves, their agents, or guests. This includes personal and property damage as well as consequential costs due to restrictions in further use of the premises.
Liability of ISARflair
ISARflair is fully liable for damages resulting from:
- Injuries to life, body, or health,
- Intentional or grossly negligent breach of duties,
- Lack of guaranteed properties.
For slightly negligent breaches of essential contractual obligations, liability is limited to the contractually typical foreseeable damage.
Exclusion of Liability
ISARflair is not liable for force majeure, such as natural disasters or pandemics.
§ 12 Miscellaneous
Contract amendments must be made in writing. German law applies, and the place of fulfillment is Munich. Should individual provisions be ineffective, the remaining provisions remain unaffected. An ineffective regulation is to be replaced by a legally permissible one that comes closest to the economic purpose.