General Terms and Conditions (GTC)

Valid from 15.10.2024

  1. Provision

    The subject of the lease is the provision of the rooms mentioned in the contract with the agreed equipment. The rental agreement becomes legally binding upon the mutual signing of the contract; no claim to conclude a rental agreement can be derived from an offer from the lessor or a reservation. The lessor is not liable for the tenant’s intended use being feasible for actual or legal reasons.

    Subletting or any other provision to third parties is not permitted without the express written consent of the lessor. The tenant is not allowed to permit more than thirty people to stay in the rental rooms without the lessor's express written consent.

    The premises, including the inventory and equipment, remain the unrestricted property of the lessor. The lessor retains house rights in all leased premises and is entitled to enter them at any time or have them entered by authorized persons. The tenant must comply with the existing house rules and all official orders and regulations and ensure that all production participants adhere to them.

    The tenant is obliged to treat the lessor's property with care. The premises and equipment are deemed to be in proper condition unless any defects are expressly reported upon handover. The tenant must immediately report any damage, defects, or losses occurring during the rental period to the lessor.

  2. Rental Period and Final Cleaning

    The agreed rental period must be strictly adhered to. The premises must be completely vacated and returned to their original condition by the end of the rental period. Exceptions require the landlord's written consent. If the contracting party is in default with vacating and returning the premises, they shall be liable to the landlord for damages caused by the delay, which may include compensation for the failure to timely hand over the premises to a subsequent production. For each hour or part thereof that exceeds the agreed rental period, an additional 10% of the agreed rental price will be charged.

  3. Contracts with Third Parties and Cost Regulations

    If the lessor enters into contracts with third parties on behalf of the tenant, such as for catering, waste disposal, or the like, the costs arising from such contracts must be fully paid by the tenant to the lessor by the end of the rental period. In the event that the tenant cancels their booking after such contracts have already been initiated by the lessor (e.g., catering has already been ordered), these costs are still the responsibility of the tenant and must be paid in full. The lessor cannot cancel these contracts on behalf of the tenant. This applies regardless of whether the corresponding costs have already been invoiced to the lessor by the third party.

  4. Payment Terms

    The agreed rent is to be paid immediately upon invoicing by the lessor, without deductions. The lessor is entitled to demand payment of the rent or parts thereof in advance by special agreement. Failure to meet payment deadlines entitles the lessor to immediately terminate the rental agreement.

    All prices are subject to the applicable statutory VAT.

    Offsetting against previous or future claims is excluded unless such claims are undisputed or legally established.

    The contractually agreed rent must be paid in full, regardless of whether the premises or equipment were actually used by the tenant to the agreed extent.

    The rent includes all incidental costs as per the Operating Costs Ordinance (energy, heating, water, final cleaning).

  5. Cancellation Terms

    The tenant can withdraw from a written rental contract up to two weeks before the agreed reservation free of charge. For cancellations between two weeks and exactly 48 hours before the start of the rental, cancellation costs amounting to 50% of the agreed rent must be paid. For cancellations less than 48 hours before the reservation, the full rent minus the lessor's saved expenses is due. If the lessor is able to rent the premises to another party, the cancellation costs are reduced by the amount of rent received from the other party.

  6. Liability and Insurance

    The lessor is only liable for intent and gross negligence on the part of their legal representatives or agents, and in cases of slight negligence only for the violation of essential contractual obligations. This also applies to the loss or damage of digital data on cameras and/or recording devices. These liability limitations do not apply in cases of injury to life, limb, or health. Strict liability of the lessor is excluded. If the contractual obligation relates to defects that already existed at the time the contract was signed or when the rental object was handed over, the lessor is not liable for slight negligence.

    The tenant is obliged to take out sufficient liability insurance to cover the aforementioned risks and must provide proof of this to the lessor upon request.

    The tenant releases the lessor from all claims for damages made by third parties against the lessor in connection with the production. For damage and loss to the rental object and the building, its associated facilities, as well as property and personal damage, including consequential damages, the tenant is liable to the extent that such damages were caused by the tenant or persons associated with their production or third parties acting with the tenant’s knowledge and consent or at their direction.

  7. Force Majeure and Utility Failures

    The lessor is not liable for interruptions in electricity, water, or heating supply unless these interruptions are due to gross negligence or intentional acts by the lessor. For disruptions caused by utility providers, the tenant's claims are limited to the assignment of the lessor's claims against the relevant utility provider.

  8. Use of the Freight Elevator

    The tenant is provided with a freight elevator for transporting equipment to the first floor. However, the lessor assumes no liability if the freight elevator is non-operational or in use. The tenant is responsible for organizing and timely use of the freight elevator. Any delays or failures do not entitle the tenant to compensation claims or rent reductions.

  9. Parking of Vehicles

    Except for loading and unloading, parking of vehicles in the yard is not permitted.

  10. Self-Promotion

    For self-promotion purposes in the customary industry scope (e.g. internet, brochures, showreel), the tenant permits the lessor to create and use photos of the set built by the tenant. These photos will not include persons associated with the tenant's production unless the tenant expressly consents. The lessor may, within the scope of self-promotion, mention the production, the people involved, and the production date, possibly only after the production is complete. Before publication, the lessor will provide the tenant with the intended photos or texts for publication, and electronic transmission is sufficient for this. The tenant may object to the publication only for important reasons. The objection period is one week after the tenant receives the intended photos.

  11. 11. Side Agreements / Jurisdiction / Severability Clause

    Changes and additions to the rental contract and the general rental conditions must be in writing. This also applies to changes to the written form requirement. Verbal side agreements have not been made and are not valid.

    German law applies. The place of jurisdiction is, as far as legally permissible, Berlin.

    If individual provisions of this contract are or become invalid in whole or in part, this does not affect the validity of the remaining parts of the contract. The parties agree to replace the invalid provision with a valid provision that comes as close as possible to the legal and economic purpose of the invalid provision. This also applies to any loopholes in the contract.