Lübeck Music and Congress Halls GmbH
Status: January 2021
I. Rental conditions
II. organisational and technical safety regulations
III. house rules
Part I of these General Terms and Conditions of Use contains the terms and conditions of hire, Part II the organisational and technical safety regulations and Part III the house rules of Lübecker Musik- und Kongresshallen GmbH - hereinafter referred to as LMuK GmbH or the Lessor. The rights and obligations between the Lessor and the Hirer are regulated with particular regard to the provisions of the Schleswig-Holstein State Ordinance on the Construction and Operation of Places of Assembly (hereinafter also referred to as VStättV0).
These General Terms and Conditions of Use are an integral part of the underlying tenancy agreement. They shall apply to all tenancies unless otherwise agreed in the underlying tenancy agreement. Any deviating or additional terms and conditions of the tenant shall not apply.
I. Rental Conditions
§ 1 Establishment of the tenancy
1. Any use of the meeting/event rooms of the Musik und Kongresshalle Lübeck as well as of outdoor areas requires a written rental agreement.
2. In respect of commercial tenants who were already customers of the lessor, these terms and conditions of hire shall be deemed to be an integral part of the contract even if they are not sent to the tenant again with the hire contract.
3. The lessee shall be obliged to obtain all permits under public law for his event under this contract in good time and at his own expense.
4. no claim to the subsequent conclusion of a rental agreement may be derived from the reservation of an event room for specific dates, unless the lessor has expressly undertaken to this effect in the confirmation of the reservation. However, the Hirer and the Lessor undertake to notify each other without delay of any planned use of the space for other purposes or of any waiver of the pre-noticed date.
§ 2 Subject matter of the contract
1. The place of assembly shall be let on the basis of the officially approved hall layout/seating plans/capacities and for the purpose of use specified by the Hirer. The exact designation of the rental object and the purpose of use shall be made in writing in the rental agreement.
2. the tenant declares with his signature in a legally binding manner that the event will not have any racist, anti-Semitic or anti-democratic content. This means that, in particular, neither in speech nor in writing, the freedom and dignity of man may be disparaged, nor may symbols in the spirit of or representing anti-constitutional and unconstitutional organisations be used or disseminated.
3. the leased property may only be transferred to third parties for purposes other than those contractually agreed with the prior written consent of the lessor. The lessee undertakes to inform the lessor immediately in writing of any intention to change the purposes of use.
Before the rented property is handed over to the lessee, the rented property, including the technical facilities, emergency exits and escape routes, shall be inspected together with the event manager to be appointed by the lessee. If the Hirer or the event manager appointed by the Hirer discovers any defects or damage to the rented property, these shall be recorded in writing and brought to the attention of the Lessor without delay.
No changes may be made to the rented property without the written consent of the Lessor. Existing advertising space may neither be covered nor removed.
§ 2a Non-Smoker Protection Act
1. smoking is prohibited in all assembly rooms of the leased property (place of assembly) due to statutory provisions. This also applies to electronic smoking substitutes (electronic cigarettes, etc.).
2. The tenant is obliged to enforce the smoking ban vis-à-vis the visitors. In the event of violations, he shall take the necessary measures to prevent further violations. Upon request, he shall be assisted by the admission or security service.
3.Violations of the provisions of the Non-Smokers Protection Act may be punished by the competent authorities as an administrative offence, also against the Lessor. The Tenant shall indemnify the Landlady upon first demand, insofar as he and/or his vicarious agents and assistants violate the agreements according to Clause 1 or 2.
§ 3 Lessor
The lessor of the place of assembly/meeting rooms specified in the rental agreement is the Hanseatic City of Lübeck, BgA MuK. 2.
Rental agreements shall be executed in the name of and on behalf of the lessor exclusively by the management, by authorised signatories and/or by employees with corresponding individual power of attorney.
§ 4 Tenant, Organiser
1. The Hirer specified in the Rental Contract shall be the sole organiser of the event to be held in the rented premises or on the rented site.
2. The Hirer shall be indicated as the Organiser on all printed matter, posters, admission tickets, invitations, etc. in order to make it clear that a legal relationship is established between the visitor to the event and the Hirer, and not between the visitor or third parties and the Owner.
3. The contracting parties undertake to make it clear and unambiguous in all advertising measures, in particular in all publications and discussions, that the hirer and not the lessor is the organiser.
4. When mentioning the name of the Lessor or the name of the places of assembly on announcements of all kinds (including on the internet) printed matter, posters and admission tickets, only the original lettering and/or the original logo shall be used. The corresponding templates shall be provided by the Lessor exclusively for this purpose.
§ 5 Rental Period, Periods of Use
1. The rental object shall be rented for the period agreed in the rental agreement. Necessary preparation times for set-up, decoration and dismantling etc. shall be taken into account by the Hirer accordingly.
2. At the end of the last hour of the rental period, the rented property shall be returned by the Hirer in a cleared and cleaned condition. A separate request by the Lessor to leave the hall is not required. A tacit extension of the rental relationship, in particular the legal consequences of § 545 of the German Civil Code (BGB), shall be excluded, even if no objection to this effect is required.
3. objects, installations, superstructures and the like brought in by the tenant or on his behalf by third parties during the rental period shall be completely removed by the tenant by the end of the rental period and the old condition restored. The use of confetti cannons and gas-filled balloons is not permitted or, in exceptional cases, only permitted with the Lessor's approval. After expiry of the rental period, the items may be removed or cleaned at the expense of the hirer.
4. the hirer is advised that the hired object is generally required for other events immediately after the expiry of the hire period stipulated in the hire contract. If the rental object is not returned on time, the Hirer shall in any case be liable to pay compensation for use corresponding to the rent as minimum damage. The right to assert further claims due to late return of the rental object is reserved.
5. The lessee may not derive any rights from or raise any objections to the fact that other events - including similar or similar events - are taking place in the lessor's premises at the same time as his event.
§ 6 Rental and ancillary costs
1. the rent agreed between the lessee and the lessor shall be stipulated in writing in the respective contract. The rent does not include any ancillary costs or additional services, unless otherwise agreed in the contract. The charge for ancillary costs and additional services that are not listed separately in the rental agreement shall be based on the Lessor's "price lists" valid on the day of the event. The parties agree that the lessee shall additionally pay to the lessor value-added tax at the statutory rate applicable at the time.
2. Payments shall be made without deduction.
3. In the event of any delay in payment to the Lessor, interest on arrears shall be due: for commercial persons at 8% points above the respective base interest rate of the European Central Bank and for natural persons at 5% points above the respective base interest rate of the European Central Bank. The Lessor reserves the right to provide evidence of higher damages caused by default.
4. income from ticket sales (advance ticket sales and box office) is hereby assigned to the lessor by the lessee or user in advance up to the amount of the lessor's claims.
5. Admission fees collected shall be settled by the lessor no later than 30 days after the event.
§ 7 Advertising and liability for unlawful advertising measures
1. advertising for the event is the sole responsibility of the lessee and falls within the lessee's sole area of responsibility. All advertising measures in the rooms and on the premises of the lessor require the special written consent of the lessor. The implementation of advertising measures can be taken over by the lessor against payment after consultation. The lessee irrevocably indemnifies the lessor against all claims arising from the fact that the lessee's advertising measures violate the rights of third parties (copyrights, image and name rights, trademark rights, competition rights, personal rights, etc.) or other statutory provisions (e.g. Teleservices Act). This also applies to any legal costs incurred in this respect.
2. wild billposting is prohibited by law and obliges the tenant to pay damages.
§ 8 Free tickets
1. 24 service places, which are specially designated in the seating plan, are freely available to the lessor in the Lübeck Music and Congress Hall. If seats are required for the police, fire brigade and/or ambulance services, they shall occupy these service seats.
2. The lessor shall also have the number of free tickets specified in the rental agreement at its disposal for each event.
§ 9 Ticketing / Ticket Sales
1. for the purpose of advance ticket sales, the lessor shall enter the event in the existing ticket distribution systems (currently CTS Eventim). If required, the Lessor shall activate the Lessee for certain contingents, whereby the Lessor shall determine the corresponding contingents. The costs incurred for this shall be borne by the lessee.
2. The design and layout of the admission tickets shall be the sole responsibility of the lessee, taking into account the following restrictions and the public image to be maintained by the lessor. The lessor shall be entitled to affix a logo referring to the lessor on the front of the admission ticket. This logo must be of subordinate size and may not unduly impair the overall design scope of the lessee.
3. tickets may be produced or issued in no more than the maximum number of persons permitted by building regulations for the event, limited by the specifications of the seating plan.
§ 10 GEMA Fees
1. The timely registration of the performance of works subject to GEMA with GEMA and the timely payment of the GEMA fees shall be the sole obligations of the Lessee. The Lessor may demand from the Lessee written proof of registration of the event with GEMA, written proof of payment of the GEMA fees and/or written proof of invoicing by GEMA to the Lessee in good time before the event. Insofar as the lessee is unable or unwilling to provide proof in accordance with sentence 1, the lessor shall be entitled to demand security from the lessee in the form of a directly enforceable guarantee from a credit institution in the amount of the GEMA fees expected to be incurred in order to secure the lessor's claim for indemnification from the lessee.
2. The provision of evidence of the manner of payment of the GEMA fees, any provision of a guarantee by the Lessee and the form of the provision of evidence in accordance with clause 1 may be regulated separately in the rental agreement or subsequently in a written supplementary agreement.
3. The lessee irrevocably acknowledges that he is the sole organiser and responsible party within the meaning of Sections 81 and 97 of the Copyright Act for the event on which the rental is based. The Lessee irrevocably indemnifies the Lessor against all claims and demands of third parties with regard to the accruing GEMA fees. This shall also apply to any legal costs incurred in this respect.
4. For all works subject to GEMA that are performed in the Lessor's venues, the payment of the GEMA fees or the provision of securities pursuant to § 10 number 1 sentence 3 shall be an essential contractual obligation of the Lessee vis-à-vis the Lessor.
5. If the lessee does not fulfil his obligations to provide evidence or security in accordance with section 1 or 2 or does not do so in due time, this shall entitle the lessor to withdraw from the contract (see also § 17 section 1 g) and to claim damages after having set a deadline with the threat of refusal.
§ 11 Radio, TV, internet and loudspeaker broadcasting; production of sound, sound/image and image recordings
1. sound recordings, picture/sound recordings, image recordings as well as other recordings and transmissions of the event of any kind (radio, TV, internet, loudspeaker, etc.) shall require the consent of the copyright and ancillary copyright holders involved and also the written consent of the Lessor.
2. The Lessor shall be entitled to make its consent dependent on the agreement of a fee to be paid to it.
3. The lessor shall be entitled to make or have made picture/sound recordings and drawings of the course of events or exhibited or used objects for the purpose of documentation or for its own publications, e.g. via the Internet, by means of DVD, CD, brochures, etc. This shall also apply to persons recorded. This also applies to persons recorded, provided that they have consented to such publication outside of current reporting that is permitted without consent.
§ 12 Catering, Merchandising, Admission, Breaks, Waste Separation
1. The entire catering at events of all kinds on the Lessor's premises or in the premises of the Lessor shall be the exclusive responsibility of the Lessor or the contracting company engaged by it. This applies in particular to all catering needs such as drinks, food, tobacco, ice cream, confectionery, etc. The sale or free distribution of food and beverages by the lessee is not permitted without the prior written consent of the lessor or the contractual company appointed by the lessor and entitles the lessor to claim damages.
2. the taking and/or consumption of food and/or beverages into the concert hall of the lessor is not permitted. The lessee/user shall ensure that visitors to the event comply with this prohibition. The lessee/user shall be liable to the lessor for all damage resulting from violations of this prohibition in the concert hall and/or to its facilities. This prohibition does not apply to events in the Lessor's foyer, unless otherwise agreed in the rental contract.
3. other commercial activities in the venue beyond the direct performance of the event (in particular the sale of sound carriers and other event-related goods) shall require written approval by the lessor. If no special agreement is made on the fee to be paid for this, the Hirer shall pay at least 20% of the gross turnover to the Lessor.
4. the tenant/user is obliged to observe and comply with the statutory provisions and/or official and/or other regulations concerning the separation of waste paper/cardboard, glass, residual waste in the rented property. The Tenant/User shall oblige all its guests, visitors, partners, suppliers and customers to also observe and comply with the statutory provisions and/or official and/or other regulations on waste separation in the rented property. The Lessor shall keep appropriate containers in the rented property.
5. If the Tenant does not separate the waste by the end of the rental period, the Landlord can and may carry out the waste separation at the Tenant's expense; the Tenant shall additionally pay the Landlord the costs incurred for this against corresponding invoicing. If, due to the large amount of waste and the resulting high separation requirement, additional containers for recyclable materials have to be provided, the Tenant shall also bear the costs incurred for this additionally and shall pay these to the Landlord against proper invoicing.
§ 13 Cloakrooms and toilet staff
1. The management of the visitors' cloakrooms shall be the responsibility of the Lessor. The Lessor shall decide whether and to what extent the cloakroom is to be made available for the respective event. The cloakroom fee shall be paid by the visitors in accordance with the posted tariff.
2. the management of the toilets shall be the responsibility of the lessor. For the use of the toilets, the event visitor may be required to pay a fee in accordance with the posted tariff.
3. The Lessor shall provide the personnel for the hostess service, the technical and sanitary facilities and, if necessary, for other services after consultation with the Lessee and at the latter's expense.
§ 14 Fire brigade and medical service
1. the fire brigade and medical services shall be notified by the Lessor prior to the event. The scope of these services (number of persons to be provided) shall depend on the type of event, the number of visitors, the safety regulations specific to the event and the official regulations in the individual case.
2. The costs arising from the appointment, coordination, presence and deployment of the fire brigade and medical service shall be borne by the Hirer.
§ 15 Admission and security staff
1. The admission and security staff shall be appointed by the Lessor at the expense of the Lessee.
2. The number of admission and security staff required shall be determined by the type of event, the number of visitors, potential event risks and by any additional requirements of the building and security authorities.
3. The contracting party may only deploy its own admission, supervisory and security personnel or personnel selected by it with the written consent of the lessor.
4. the lessor shall have the unrestricted right at any time to appoint the security and order personnel proposed by the lessee:
- to reject the security and orderly service proposed by the Lessee; and
- to specify a minimum number of admission and security staff or to provide them at the expense of the organiser/contracting party.
§ 16 Event Manager and Persons Responsible for Event Technology
1. The Hirer shall nominate to the Owner a person who will act as "Event Manager" during the assembly and dismantling phases and during the operation of the event and who will fulfil the obligations under the provisions of Section 38 (1) to (4) of the VStättVO (see also Clause 3.2 of the Organisational and Technical Safety Regulations).
2. "Persons in charge and specialists for event technology" shall be provided by the lessor in accordance with section 40 of the VStättVO (see also section 3.3 of the organisational and technical safety regulations) at the expense of the lessee, unless otherwise agreed in the rental agreement.
§ 17 Responsibility and liability of the hirer
1. The Hirer shall be liable to the Lessor for damages in the event of personal injury, property damage and financial loss caused by him, his agents, vicarious agents, guests or other third parties within the meaning of Sections 278, 831, 89 and 31 of the German Civil Code in connection with the event.
2. Liability shall also include damage caused by the fact that third-party events cannot be held or cannot be held as planned, as well as damage caused by riots, fire, panic and similar events caused by the event (typical event damage).
3. The lessee shall indemnify the lessor against all claims for damages by third parties asserted in connection with the event upon first request, insofar as the lessor or its vicarious agents are responsible for such claims.
4. The lessee shall be liable for the flawless and complete return of the premises, equipment, keys and facilities provided to him by the lessor for use.
5. If administrative offences or fines are imposed on the Lessor or its vicarious agents and assistants as a result of violations of the provisions of these Terms and Conditions, in particular due to violations of the organisational and technical conditions contained in Part II - for example on the basis of Section 38 (5) sentence 2 VStättVO (operator liability) - the Lessee shall be obliged to immediately take over or reimburse the administrative fines imposed. to reimburse the stipulated administrative offences and fines insofar as the stipulation thereof is based on breaches of duty for which the tenant or its vicarious agents are responsible.
6. The obligation to assume and indemnify shall also extend, in accordance with the above provision in clause 5, to such fines as are imposed on the Lessor or its vicarious agents and assistants on the basis of other public law provisions, e.g. on the basis of police regulations or on the basis of official orders.
7. The Lessor shall immediately pass on to the Lessee any assessment of administrative offences and fines (see Clauses 5 and 6 above) which fall within the Lessee's area of responsibility. The tenant is entitled to demand that the landlady file an objection and a complaint against corresponding assessments. In such a case, the Tenant shall be obliged to bear the legal costs incurred in this respect in full and to indemnify the Landlady in this respect in full.
8. Any further liability of the Lessee in accordance with the statutory provisions shall remain unaffected. Express reference is made to compliance with all statutory provisions and ordinances, in particular the Youth Protection Act, the Ordinance on Places of Assembly and the Fire Protection Ordinance.
9. The contracting party shall be obliged to take out an organiser's liability insurance policy with sufficient cover amounting to at least
- € 3.0 million (in words: three million euros) lump sum for personal injury and damage to property, max.
- € 100 thousand (in words: one hundred thousand euros) for financial losses
to be taken out at its expense and maintained during the rental period. Evidence of the conclusion of the insurance policies shall be provided to the Lessor upon conclusion of the contract, but no later than four weeks before the start of the event, without being requested to do so, by submitting the respective insurance certificate.
The lessor shall be entitled to take out the necessary insurance at the expense and cost of the contractual partner if proof of insurance is not provided in due time. The insurance premium per event day shall amount to between € 350 and € 400 (in words: between three hundred and fifty and four hundred euros) plus statutory insurance tax.
The lessee shall indemnify the lessor against all claims for damages asserted in connection with the event, insofar as these are insured in accordance with the above provision or should have been insured by the lessee.
§ 18 Liability of the Lessor
1. The Lessor's strict liability for damages for initial defects of the leased objects provided is excluded.
2. The Lessor's liability is excluded unless the Lessor has acted with intent or gross negligence or has culpably injured the life, limb or health of persons. The liability of the lessor for vicarious agents of the lessor is excluded.
3. The Lessor shall not be liable for damage caused by measures initiated by it to maintain safety and order. If, as a result of a misjudgement of the situation, an event is restricted, cancelled or broken off on the instructions of the lessor, the lessor shall not be liable for cases of simple negligence. The lessor shall also not be liable if an event has to be interrupted, restricted, altered, cancelled or aborted on the instructions of the authorities.
4. The lessor shall not be liable for objects brought in by the contracting party, its employees, suppliers and other third parties acting on behalf of the contracting party.
5. A reduction of the rent due to defects in the rented property shall only be considered if the lessor has been notified in writing of the intention to reduce the rent during the rental period.
6. The Lessor shall not be responsible for disruptions caused by industrial action or force majeure.
7. Insofar as liability is excluded or limited in accordance with the provisions of these rental terms and conditions, this shall also apply to the personal liability of the Lessor's employees, workers, staff, representatives and subcontractors.
8. The above exclusions and limitations of liability in § 18 do not apply in the event of injury to life, limb or health of persons.
§ 19 Withdrawal from the contract
1. The Lessor shall be entitled to withdraw from the rental agreement without notice after having set a deadline with the threat of withdrawal without result if:
a) the payments to be made by the tenant (rent, ancillary costs, security deposit) have not been made on time,
b) the event causes a disturbance to public safety and order or damages the reputation of the city,
c) the official permits or authorisations required for the event have not been obtained,
d) the purpose of use specified in the rental agreement is substantially changed,
e) insolvency proceedings have been instituted against the tenant's assets or the institution of insolvency proceedings has been rejected for lack of assets,
f) legal regulations, in particular the operating regulations of the Ordinance on Places of Assembly, or official requirements and orders are violated by the Tenant,
g) the Hirer fails to comply with its statutory and official - only insofar as these are connected with the event - or contractually assumed obligations to notify, report and pay vis-à-vis the Lessor or vis-à-vis the authorities, fire brigade or medical and rescue services or the GEMA.
2. If the lessor exercises its right of withdrawal, the tenant shall not be entitled to any compensation from the lessor.
3. if the hirer does not hold the event for any reason for which the lessor is not responsible, the hirer shall be liable to pay compensation in the event of a cancellation of:
- up to 12 months before the start of the event: 25%
- up to 6 months before the start of the event: 40%
- up to 4 months before the start of the event: 60%
- up to 3 months before the start of the event: 80%
- up to 2 months before the start of the event: 100%
of the contractually agreed rent - or the agreed flat fee - must be paid. Cancellation must be made in writing and must be received by the lessor within the specified deadlines.
In addition, the hirer shall bear all costs incurred by the lessor up to the time of cancellation of the event.
The lessee shall be entitled to prove that the lessor has incurred a lesser loss. Insofar as necessary, the lessor shall provide the lessee with the information required for this after prior written request.
4. If the contractually agreed event cannot take place due to force majeure, each contracting party shall bear its own costs incurred up to that point. If the lessor has incurred costs on behalf of the lessee which would have to be reimbursed under the contract, the lessee shall in any case be obliged to reimburse the lessor for such costs. The cancellation of individual artists or the untimely arrival of one or more participants as well as bad weather including ice, snow and storms shall under no circumstances fall under the term "force majeure".
§ 20 Force majeure
Force majeure is an event which has a massive external impact on the contractual relationship and which, according to human insight and experience, is unforeseeable and cannot be prevented or rendered harmless by economically acceptable means, even by exercising the utmost care reasonably to be expected in the circumstances.
A cancellation of the event due to a pandemic, in particular a cancellation due to corona, does not constitute force majeure in the aforementioned sense, in particular if the application for the state economic aid or similar provided for this purpose has been successful.
1. If an event cannot be held on the agreed date as planned due to force majeure, both parties shall be entitled to demand an adjustment and, if necessary, a rescheduling of the event date if it is unreasonable to expect them to adhere to the unchanged contract. The valuation standard is derived from §313 BGB.
2. If the adjustment of the event or a rescheduling of the event date within a period of 365 days - starting from the originally agreed event date - is unreasonable, both parties shall be entitled to withdraw from the contract. The party claiming that the adjustment or rescheduling is impossible is obliged to inform the other party in text form of the relevant reasons before declaring its withdrawal. The other party must declare in text form without delay, at the latest within 5 days of receipt, whether it accepts the reasons of unreasonableness. Otherwise, the reasons shall be deemed accepted in view of a withdrawal. Deadlines and text form shall be deemed to have been complied with if the declaration has been confirmed electronically by the other party.
3. In the event of a withdrawal in accordance with clause 3, the lessee shall remain obliged to compensate the lessor for all expenses already incurred up to the time of cancellation of the event, including the costs of service providers already commissioned. In all other respects, the contracting parties shall be released from their obligations to perform.
4. The cancellation of artists and participants in the event, weather events such as ice, snow, thunderstorms and external events affecting the event, e.g. demonstrations, threatening calls, the discovery of so-called "suspicious objects", shall be within the Hirer's sphere of risk. The hirer is recommended to take out cancellation insurance for his event, insofar as he wishes to cover the financial risks associated with a possible cancellation or termination of his event accordingly.
§ 21 Final provisions and place of jurisdiction
1. Verbal collateral agreements and supplements to the rental agreement have not been made. They must be in writing.
2. Any additional general terms and conditions of business of the Lessee that deviate from the Lessor's Terms and Conditions of Contract (Parts I, II and III) shall not become part of the rental agreement. These Terms and Conditions of Contract shall apply exclusively in the version valid at the time.
3. The contractual relationship shall be governed exclusively by German law. The place of performance and jurisdiction is Lübeck.
4. The European Commission provides a platform for the extrajudicial online settlement of disputes (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. The e-mail address of LMuK GmbH, which can also be viewed in the imprint, is firstname.lastname@example.org.
5. The Lessor is neither obliged nor willing to participate in the dispute resolution procedure of the European Commission or according to the Consumer Dispute Resolution Act before a consumer arbitration board.
6. Should individual clauses of these General Rental Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of the contract. The invalid or unenforceable provision shall be replaced by a provision which comes as close as possible to the content of the original provision, in particular from an economic point of view. The same applies in the event of a loophole.
II Organisational and technical safety regulations
1 Preliminary remark/ Binding nature
1.1 We have issued these organisational and technical safety regulations with the aim of providing our tenants/organisers with comprehensive information on all measures necessary for the safety of persons when holding events. The basis for the provisions made is in particular the Schleswig-Holstein Ordinance on Places of Assembly. The stipulations made shall be a binding part of the contract for the Tenant and the Landlady, insofar as no provisions deviating therefrom have been made in individual contracts.
1.2 These safety regulations are binding for all companies, organisations and persons who hold events in our places of assembly. The organisational and technical safety regulations are always an integral part of our contractual conditions and the underlying rental agreement. Additional requirements for safety and fire protection for an event may be imposed by the regulatory authorities, the building authorities and the fire protection authorities, in particular if the nature of the planned event may result in a particular risk to persons and property.
1.3 As a rule, compliance with these regulations and, if applicable, with additional orders issued by the authorities shall be subject to spot checks by our staff and/or by the regulatory authorities (building supervisory authorities, fire brigade) prior to the start of the event. In addition, all regulations pertaining to events and places of assembly, as amended from time to time, must be observed. For reasons of safety of the event participants and preventive fire protection, the holding of an event may be prohibited by us or by the responsible regulatory authorities if any defects found have not been remedied by the start of the event.
1.4 The Hirer shall ensure the full implementation of all requirements imposed on the event at its own expense.
2. notification and notification obligations of the hirer
2.1 Stage instructions: Upon conclusion of the rental agreement, the Hirer undertakes to send the Owner stage instructions with all set-up instructions no later than 4 weeks before the event.
2.2 Organisational and safety information: In addition to the stage instructions, the Lessee shall, for reasons of safety and in order to ensure optimum preparation and execution of the event, also provide the Lessor with the following information in writing no later than 4 weeks prior to the event,
- the name of the event manager in accordance with § 38 paragraph 5 VStättVO (see also section 3.2)
- the size of any scenic areas/grandstands to be erected,-the date of any technical rehearsal to be carried out in accordance with Section 40 (6) VStättVO
- whether flammable acts/ pyrotechnic effects, the operation of laser equipment or fog systems are planned (note that approval is required)
- whether superstructures/equipment/decorations are to be brought in (bring certificates regarding fire classes)
- whether stage, studio, lighting or other technical equipment will be changed during the event and
- whether mechanical movements or artistic performances take place in or above the auditorium.
The Lessor draws particular attention to the fact that an automatic fire alarm system is installed in individual assembly rooms. Smoke, fire, heat, sawdust, particular dust formation etc. must be reported to the Lessor by the Hirer in good time so that the fire alarm system can be set accordingly. Should a false alarm occur due to the tenant's failure to notify the landlord of such conditions, the tenant will be charged for the resulting costs.
3.1 Responsibility of the hirer: The hirer is responsible for the entire event programme and the safe, smooth running of the event, including preparation and subsequent handling. The hirer is the organiser according to § 38 paragraph 5 VStättVO. He/she shall be responsible for complying with the relevant regulations in force at the time of the event, in particular those of the Ordinance on Places of Assembly (Versammlungsstätten-Verordnung), the State Building Regulations (Landesbauordnung) and the Trade Regulations (Gewerbeordnung) as well as the accident prevention regulations of the employers' liability insurance associations (Berufsgenossenschaften). The same applies to compliance with or fulfilment of official orders, requirements and conditions. The provisions of the Ordinance on Places of Assembly that must be complied with include the fulfilment of the obligations pursuant to Section 38 (1) to (4) of the VStättVO. For the avoidance of doubt, it is pointed out that these obligations include, in particular, the fulfilment of the duty to ensure safety within the place of assembly, especially with regard to the decorations, equipment, superstructures, suspensions and laid cables and lines, etc. brought in by the Hirer or his vicarious agents for the duration of the rental period.
3.2 Event manager: The Hirer shall name an employee to the Rental Firm who shall act as "event manager" during the assembly and dismantling phases and during the operation of the event and who shall fulfil the obligations in accordance with the provisions of Section 38 (1) to (4) VStättVO. The event manager shall participate in the inspection of the rented property (see § 2 no. 3 of the General Terms and Conditions of Hire) and familiarise himself/herself with the place of assembly.
The Hirer's event manager shall ensure compliance with the provisions of the VStättVO and the observance of official orders during the event. He/she is obliged to be present during the operation, must be reachable at all times and must make any necessary decisions in consultation with the Lessor's project manager, the authorities and external auxiliary forces (fire brigade, police, building authority, public order office, ambulance service).
The Hirer's Event Manager shall be obliged to discontinue the operation of the event if a hazard to persons in the place of assembly makes this necessary, if systems, equipment or devices required for safety purposes are not functioning or if operating regulations
of the Ordinance on Places of Assembly (see also item 4) are not (or cannot be) complied with. He/she shall immediately notify the external agencies (fire brigade, police, ambulance service) and the project manager of the Lessor if the safety or health of persons is endangered or impaired.
The name and telephone number of the event manager shall be notified to the Lessor in writing upon conclusion of the rental agreement, but no later than 4 weeks before the event.
The Hirer's event manager shall be assisted in the performance of his duties by employees of the Owner. The Lessor's employees shall continue to be entitled, without restriction, to exercise domiciliary rights vis-à-vis all persons within the place of assembly in addition to the Lessee's event manager.
3.3 Responsible persons and event technology specialists: The assembly or dismantling of stage, studio and lighting technology equipment, including technical rehearsals, must be managed and supervised by at least one "responsible person for event technology", insofar as stage, studio or lighting technology is assembled or dismantled on scene areas larger than 200m².
lighting equipment is erected or dismantled on stage areas larger than 200m². If the scene area is between 50m² and 200m², the presence of a specialist in accordance with § 40 paragraph 4 VStättVO is sufficient.
For dress rehearsals, events, broadcasts or recordings of events, at least one person responsible for event technology specialising in stage/studio or hall technology and one person responsible for event technology specialising in lighting must be present in the place of assembly (for scene areas > 200m²). For stage areas between 50m² and 200m², the presence of a specialist in accordance with § 40 paragraph 4 VStättVO is sufficient.
Presence is not required for dress rehearsals, events, broadcasts or recordings of events if
- the safety and functionality of the stage, studio, lighting and other technical facilities of the place of assembly have been checked by the person responsible for event technology,
- these facilities are not moved or otherwise altered during the event,
- if no hazards can arise from the nature or course of the event, and
- another "supervising person" to be appointed by the Hirer is familiar with the technical equipment.
The Lessee shall be obliged to appoint the required number of persons in charge/specialists for event technology if the prerequisites pursuant to item 3.3 are fulfilled. The Lessor shall provide the necessary responsible persons/specialists for event technology at the request and expense of the Lessee, insofar as they are available.
3.4 Minimum wage: All service providers, subcontractors and other companies with whom we work are obliged to observe and comply with any statutory regulations concerning the minimum wage. They also undertake to agree this regulation with the service providers and/or companies they engage, insofar as they work for us. Furthermore, the service providers and/or companies working for us are obliged to certify to us in writing, at our first request, that they comply with the statutory provisions regarding the minimum wage.
4. safety-related operating regulations
4.1 Technical facilities: All permanently installed technical building equipment in the place of assembly may only be operated by the Lessor's personnel; this also applies to any connection to the lighting or power supply system.
4.2 Escape route and seating plan: The approved escape route and seating plans are binding for the seating in the place of assembly. Any change to the escape route and seating plan requires the written approval of the Lessor and, as a rule, additional approval from the building authorities. Overcrowding of the place of assembly is strictly prohibited. This applies to both seated and standing events.
4.3 Fire Movement Zones and Hydrants: The necessary access routes and movement areas for the fire brigade, marked by no-stopping signs, must be kept clear at all times. Vehicles and objects parked on the escape routes and safety areas will be removed at the owner's expense and risk. Hydrants in the place of assembly and in the outdoor area may not be obstructed, obscured or made inaccessible.
4.4 Emergency exits, emergency exits and hall aisles: These escape routes must be kept clear at all times. Doors in the course of escape routes must be able to be opened easily to their full width from the inside. Escape routes, exit doors, emergency exits and their markings must not be blocked, covered or otherwise made unrecognisable. Aisles must not be obstructed at any time by objects placed in or projecting into the aisle. All aisles serve as escape routes in case of danger.
4.5 Safety devices: Sprinkler systems, fire alarms, fire extinguishing equipment, trigger points of smoke extraction equipment, smoke detectors, hall telephones, closing devices of hall gates and other safety equipment, their information signs as well as the green emergency exit signs must be accessible and visible at all times; they must not be blocked, covered or otherwise made unrecognisable. The effectiveness of automatic fire extinguishing systems must not be impaired by covers and decorations.
4.6 Podiums, grandstands and exhibition stands that are temporarily brought into the place of assembly must meet all the requirements of the VStättVO. DIN 4102 (fire behaviour of building materials and components) must be observed and complied with for all objects brought into the venue.
4.7 Building authority approvals: Upon request, the Lessor shall be responsible, on behalf and for the account of the Lessee, for forwarding building permit applications for changes to the hall layout to the building supervisory authority. The costs of the approval procedure shall be charged to the Tenant. The Lessee shall provide the Lessor with all documents required for the approval procedure no later than 6 weeks prior to the event.
4.8 Material requirements: Decorations, fittings and curtains used to decorate the event must be made of at least flame-retardant material (in accordance with DIN 4102). Decorations in necessary corridors, aisles and stairwells must be made of non-combustible materials. Materials that are used repeatedly must be re-tested for their flame retardancy and, if necessary, re-impregnated. The Landlady may insist that the Tenant submit to the Landlady appropriate certificates regarding the flame retardancy of items. No waste or residual flammable materials may be stored under or on stages and platforms.
4.9 Decorations must be kept far enough away from sources of ignition, such as spotlights, so that the material cannot be ignited by them. Decorations must be attached directly to walls, ceilings or equipment. Decorations hanging freely in the room are only permitted if they are at least 2.50 m from the floor. Decorations made of natural plants may only remain in the rooms as long as they are fresh.
4.10 Combustible packaging materials and waste must be removed from the rented rooms by the Hirer without delay.
4.11 Removal of unauthorised components and materials: Any structures, facilities, equipment and decorations (materials, e.g. confetti cannons, gas-filled balloons) brought into the hall that have not been approved or do not comply with these Technical Guidelines or the VStättVO shall not be permitted to be set up in the place of assembly and must be removed or modified at the Tenant's expense if necessary. This shall also apply in the event of substitute performance by the Lessor.
4.12 The use of open fire, flammable liquids, gases and pyrotechnics as well as explosive substances is prohibited. The prohibition of use shall not apply if the use of naked flames, flammable liquids and gases as well as pyrotechnic objects is justified by the nature of the event and the Hirer has agreed the necessary fire protection measures with the Owner and the fire brigade in each individual case. Smoking and fire are prohibited at all events in front of rows of chairs.
smoking and fire are prohibited. The use of pyrotechnic objects must be approved by the authorities and must be supervised by a person suitable under explosives law. Proof of the holder of the permit and the certificate of competence must be presented.
4.13 Cutting and hot work: Welding, cutting, soldering, thawing and abrasive cutting work is prohibited in the place of assembly. Exceptions are only permitted after prior notification and agreement with the Lessor.
4.14 It is not permitted to knock holes or hammer nails, hooks and the like into the hall floors, walls and ceilings. Shooting bolts is also not permitted. The laying of carpets or other decorative material directly on the hall floor by the tenants must be done in such a way that there is no risk of people slipping, tripping or falling. Adhesives and other residues must be removed completely.
4.15 Orders issued by the building supervisory authorities, the fire protection authorities, the public order office and the police must be complied with by the hirer. The legal provisions, in particular those of the Youth Protection Act, the Trade, Commerce and Industry Regulation Act and the Venue Ordinance, must also be complied with by the Hirer.
4.16 Volume at music events: Organisers of musical performances are responsible for checking whether and which safety measures are necessary to prevent harm to the audience. They shall take the necessary measures on their own responsibility. The hirer/organiser shall ensure that visitors and third parties are not harmed ("risk of hearing loss") during the event by limiting the volume appropriately. Measures which are suitable to indicate that the volume of the music is dangerous to health may also be part of the necessary precautions to protect concert-goers from harm and thus be the subject of the organiser's duty to ensure public safety. As a generally recognised rule of technology, DIN 15 905 Part 5 "Sound engineering in theatres and multi-purpose halls" contains measures to avoid endangering the hearing of the audience through high sound pressure levels during loudspeaker reproduction.
4.17 Exercise of domiciliary rights: The Lessor shall grant the Lessee domiciliary rights vis-à-vis visitors to the extent necessary for the proper and safe conduct of the event. The Lessor shall also exercise domiciliary rights vis-à-vis the Tenant, the Organiser, visitors and third parties for the duration of the tenancy. The commissioned security and public order staff and external services (police, fire brigade) shall ensure that house rules are enforced vis-à-vis visitors, service companies and third parties. Their orders must be complied with immediately.
III. House Rules
The house rules of the Lübecker Musik- und Kongreßhallen GmbH determine the rights and obligations of visitors/spectators during their stay in the venue. The instructions of the employees and representatives of the Lübecker Musik- und Kongresshallen GmbH must be followed immediately.
Only visitors to the event and guests of the lessor are permitted to stay in the place of assembly. Spectators/visitors must occupy the seats indicated on the admission ticket for the respective event and only use the entrances provided for this purpose. Upon leaving the place of assembly, the admission ticket shall lose its validity.
All facilities of the place of assembly are to be used with care and consideration. Within the place of assembly, everyone must behave in such a way that no one else is harmed, endangered or - more than is unavoidable under the circumstances - obstructed or inconvenienced.
Smoking is generally prohibited in all assembly rooms of the place of assembly. This also applies to electronic
This also applies to electronic smoking substitutes (electronic cigarettes etc.).
For safety reasons, the landlord may order the closure and evacuation of rooms, buildings and open spaces. All persons present in the place of assembly and on the grounds must immediately comply with the requests of the appointed security service, the police and the fire brigade and leave the place of assembly immediately in the event of an eviction order.
In order to avert danger, visitors are obliged to take up seats other than those provided for or indicated on their admission tickets - including in other blocks - in accordance with the instructions of the police or the control and order service; in such cases, no refund of admission fees will be made.
Bags, containers and clothing such as coats, jackets and capes may be checked for their contents. Visitors who do not agree to the seizure of objects that could endanger the event or visitors by the control or order service will be excluded from the event. Rejected visitors are not entitled to a refund of the admission fee. In accordance with the nature of the event, the bringing of bags and similar containers into the event may be prohibited.
Persons who are recognisably under the influence of alcohol or drugs will be excluded from the event.
Young people who have not yet reached the age of 14 may only be present in the place of assembly if accompanied by a parent or guardian. In all other respects, the provisions of the Youth Protection Act shall apply. Exceptions apply only if expressly posted at the ticket counters and admission areas.
The following items are prohibited:
▪ Weapons or dangerous objects as well as objects which, if thrown, could cause bodily injury to persons,
▪ Gas spray bottles, corrosive or colouring substances or pressurised containers for highly flammable or harmful gases, with the exception of commercially available pocket lighters,
▪ containers made of fragile or splintering material,
▪ fireworks, rockets, Bengal fires, smoke powder, flares and other pyrotechnic articles,
▪ flags or banner poles that are not made of wood, are longer than 2m or have a diameter greater than 3cm,
▪ large banners, large quantities of paper, rolls of wallpaper,
▪ mechanically and electrically operated noise instruments,
▪ all drinks, food and drugs,
racist, xenophobic and radical propaganda material; and
▪ video cameras or other sound or image recording devices for the purpose of commercial use (unless the organiser has given its consent accordingly).
The bringing and/or consumption of food and/or drinks into the concert hall of the lessor is not permitted.
The Hirer and the visitors to the event are obliged to observe and comply with the statutory provisions and/or official and/or other instructions regarding the separation of waste paper/cardboard, glass, residual waste in the place of assembly. The Lessor shall provide appropriate containers in the rented property.
Right to one's own image: If photographs, film and/or video recordings are made in the area of the place of assembly by employees of LMuK, by the organiser or by commissioned companies for reporting or advertising purposes, the recording activity may not be obstructed or impaired in any other way. All persons entering or staying in the place of assembly are informed by these house rules that photography, filming and video recording may be carried out in the area of the place of assembly. By entering the place of assembly, those who can be recognised in such recordings consent to these recordings being used for both reporting and advertising purposes.
Volume at music events: Patrons are advised that music events may cause permanent damage to hearing. To reduce the risk of damage, we particularly recommend wearing "earplugs" or comparable hearing protection.
House bans imposed by the landlord shall apply to all current and future events that are
held in the place of assembly. A written application with reasons must be submitted before the ban can be lifted.
The landlord shall decide on the application within 3 months.
Lübeck in July 2021,