1. SCOPE OF APPLICATION 

1.1 These General Conditions are part of the Agreement between the customer – hereinafter referred to as “Customer” – and Panavia Aircraft GmbH, Am Söldnermoos 17, D-85399 Hallbergmoos – hereinafter referred to as „Panavia“– on the rental use of function and conference rooms in the Airport Business Centre, operated by Panavia, inclusive of any auxiliary services provided in this respect. 

1.2 General conditions of the Customer are only applicable if expressly agreed upon in advance and in writing.

1.3 Agreements deviating or amending these General Conditions are only valid if stated in writing. 

2. CONLUSION OF THE AGREEMENT 

An agreement with Panavia is concluded by the Customer’s acceptance of Panavia’s offer. 

3. SERVICES 

3.1 Panavia is obliged to perform the services as per the Agreement with the Customer. 

3.2 The Customer is obliged to pay the cost for the agreed services as agreed between the Parties. 

3.3 In case the Customer utilises services beyond the agreed services, the Customer is obliged to pay the Panavia current valid prices. 

3.4 Amounts disbursed by Panavia to third parties charged with services by the Customer, in particular claims of collecting societies, are to be reimbursed by the Customer. 

4. RENTING OF CONFERENCE ROOMS 

4.1 The services covered by this Agreement, i.e. in particular the conference rooms, are to be utilised by the Customer exclusively for the agreed purposes. Any transfer, sublease and subletting respectively to third parties is forbidden. Moreover, it is not allowed to use the premises for the performance of sale or similar events or for the performance of job interviews or political events. 

In any case, corresponding utilisations are subject to a separate and explicit agreement with Panavia. 

4.2 The Customer is not entitled to make any modifications, fixtures or similar to the premises. This includes the prohibition of installation of any items whatsoever as e.g. posters and similar in or at the premises as well as particularly knocking or drilling of holes in the walls or the furniture of the premises. 

4.3 The Customer is not allowed to bring food or drinks to events. Exceptions require the (prior) written consent of Panavia (Email is sufficient). 

In case of approval, Panavia is entitled to invoice the Customer with an amount to cover general expenses. 

4.4 The commercial utilisation of interior of the Airport Business Centre is forbidden. 

5. AUXILIARY SERVICES 

5.1 Services of Panavia exceeding the renting of conference rooms are subject to a separate agreement. Panavia will provide auxiliary services, such as e.g. provision of technical equipment for presentations or catering, only within the scope of services or rentings agreed upon in writing. 

5.2 Panavia is entitled to subcontract third parties to provide agreed auxiliary services. 

6. EQUIPMENT, CIRCUIT POINTS AND INTERNET USE 

6.1 The usage of internal electrical equipment of the Customer by use of the power supply system Panavia is subject to Panavia’s prior written approval (Email is sufficient), unless devices of daily use are concerned (e. g. notebook-PCs, tablet-PCs, mobile phones, etc.). 

Interferences or damages of the technical equipment of the Airport Business Centre caused by the usage of such devices are at the expense of the Customer as far as these interferences are not caused by Panavia. Electricity costs caused by the use of the technical equipment are covered by the agreed remuneration. 

6.2 If approved by Panavia the Customer is entitled to use his own telephone, telefax and data communicaton equipment. Panavia may invoice the Customer a connecting fee.

6.3 In case of connection of internal equipment of the Customer, Panavia may request the Customer to reimburse Panavia for the loss incurred by not using suitable equipment of Panavia. 

6.4 As far as possible interferences of technical or other equipment provided by Panavia will be remedied immediately. 

The Customer may withhold or reduce payments only if and to the extent that Panavia is responsible for such interferences. 

6.5 The Customer is enjoined from conducting illegal file sharing via the internet access provided by Panavia. 

This means in particular any upload or download of files containing text, music, movies or software protected by copyrights. The Customer shall be liable for any and all damages caused to Panavia and/or the holder of rights in the course of the infringement by the Customer. 

6.6 Panavia takes no responsibility for the actual availability, suitability or reliability of the internet access for any purpose. 

Moreover, Panavia shall not be liable for any damages of PCs, tablets, smart phones and similar of the Customer caused by the usage of the internet. In particular no liability is assumed for the content of called up web pages or the downloaded files. 

In addition no liability is assumed for possible virus contamination by usage of the internet access. 

The usage of the internet is at the Customer’s own risk. 

7. BROUGHT OBJECTS, etc. 

7.1 If the Customer in the course of usage of the premises brings with him objects of any kind, this has invariably to be in line with the actual applicable fire protection requirements. Panavia may demand the Customer at any time to verify the harmlessness of objects owned by the Customer and brought to the premises with regard to fire protection regulations. 

Irrespective of the above Panavia is entitled to fully exercise its property rights versus the Customer. In case of endangerment of the interests of Panavia or of other users of the Airport Business Centre, i.e. in particular breach of safety of any kind, Panavia is particularly entitled to demand the prompt removal of objects from the premises. If the Customer does not comply with the demand, Panavia is entitled to remove said objects at the Customer’s expense. 

7.2 Any objects brought to the premises by the Customer have to be removed after the end of the event immediately. 

If the Customer fails to do so, Panavia – without prior announcement – is entitled to remove and store the objects at the cost of the Customer. In case objects remain in the conference room Panavia – without previous warning – may invoice to the Customer a fair compensation for the duration of confinement of use of the conference room. 

8. CHANGE OF NUMBER OF PARTICIPANTS AND TIME OF THE EVENT 

8.1 The increase or reduction of the number of participants by more than 5 % requires the written consent of Panavia. The information has to be submitted in writing (telefax, email is sufficient) at least 24 hours prior to the start of the event. Panavia is entitled to calculate a new price based on the actual number of participants, but not less than 95 % of the actual number of participants. 

In case the actual attendance is below the agreed attendance, after furnishing sufficient proof, the Customer is entitled to reduce the price in the amount of expenditures spared by Panavia due to the reduction of the number of participants. 

8.2 In case of a change of the number of participants by more than 10 % Panavia is entitled to switch the confirmed conference rooms considering a different room rate when indicated and to the interest of the Customer. 

8.3 Panavia is entitled to invoice to the Customer a fair amount to cover the costs of additional stand-by services due to changes of the agreed time of the start or end of the event caused by or on the account of the Customer. 

9. PROVISION AND RETURN 

9.1 The conference room as mentioned in the Agreement is provided to the Customer for the booked purpose. Panavia reserves the right to allocate another, but equivalent conference room to the Customer.  

9.2 Booked conference rooms are available to the Customer as of the agreed start time of the event. The Customer has no entitlement to an earlier provision. 

9.3 Booked conference rooms are available to the Customer until the agreed end time of the event. The Customer is not entitled to an extension. 

9.4 The Customer has to leave the premises in the same condition as provided for the event by Panavia. In any case where furniture and fixtures (e.g. movable or fixed pieces of furniture, floor cover, etc.) and/or other objects and materials present (e.g. blotting pads, pin boards, flip charts, etc.) are damaged or soiled beyond the usual extent, the Customer shall bear all costs for the renewal, replacement and/or repair.
 

10. PRICES, PAYMENT, SET-OFF 

10.1 All quotations of prices are net amounts and do not include statutory value added tax in the respective applicable amount. 

10.2 Unless otherwise agreed, amounts invoiced are due for payment within 14 days after receipt of the invoice.  

10.3 The Customer must provide Panavia with binding information regarding the billing address, the name/designation of the addressee and their email address upon conclusion of the Agreement without being requested to do so. 

10.4 By concluding the Agreement, the Customer acknowledges that the invoice will be sent to the Customer by sending an electronically generated invoice as a .pdf document by email or post. 

10.5 Panavia expressly points out that invoices will under no circumstances be posted on internet portals, payment platforms or comparable technical (online) solutions provided by the Customer or by third parties commissioned by the Customer. 

10.6 The Customer is entitled to set-offs against claims of Panavia only if they are based on undisputed or legally binding claims or a counterclaim(s) arising from respective contractual relationship. 

11. ADVANCE PAYMENT 

11.1 Upon signing of the Agreement Panavia is entitled to demand a fair advance payment from the Customer. 

11.2 For justified reasons, for example if the Customer is in arrears in payment or upon extension of the scope of the Agreement, and even after the Agreement has been concluded, Panavia is entitled to demand an advance payment in the sense of paragraph 11.1 above or to increase the advance agreed in the contract until the start of the event up to the full agreed remuneration.  

11.3 Furthermore Panavia is entitled to demand from the Customer a fair advance payment for existing and future claims under the Agreement according to paragraph

11.4 above at the beginning and during the event as far as such advance payment has not been settled as per paragraph 11.1 and/or 11.2 as per above. 

12. WITHDRAWAL OF THE CUSTOMER 

12.1 The Customer may only withdraw from the Agreement, if a right of withdrawal has been explicitly agreed upon in the Agreement, a statutory right of withdrawal exists or Panavia explicitly agrees to the cancellation of the Agreement. The agreement on a right of withdrawal as well as the cancellation of the Agreement have to be stated in writing. 
 
12.2 If Panavia and the Customer have agreed upon a date for free withdrawal from the Agreement, the Customer may withdraw from the Agreement up to that date at no charge. 

12.3 If the Customer makes no use of the agreed service without having a right of withdrawal he owes the agreed remuneration. 

In case Panavia is able to rent the premises otherwise, Panavia is obliged to set-off earnings generated thereof as well as possible spared expenditures. The respective spared expenditures may be consolidated into a lump sum due to paragraphs
12.4, 12.5 and 12.6. 

The Customer is at liberty to prove that a claim has not incurred or has not incurred in the demanded amount. 

Panavia is at liberty to prove that a claim has incurred in a higher amount. 

12.4 In case the Customer withdraws from the Agreement only 3 to 5 calendar days before start of the event Panavia is entitled to invoice the Customer the full total rental price agreed for the premises and for booked auxiliary services as well as 35 % of agreed catering services, if any; in case of withdrawal later than the 3rd calendar day before start of the event 70 % of loss of food and beverages sales. 

13. WITHDRAWAL OF PANAVIA 

13.1 In case a certain date for free withdrawal from the Agreement of the Customer has been agreed upon, Panavia may also withdraw from the Agreement up to that date at no charge if the Customer does not waive his right of withdrawal within a reasonable time of reply after a respective request of Panavia. 

13.2 Furthermore, Panavia may withdraw from the Agreement, if the Customer does not place an advance payment agreed upon or requested according to paragraph 11 despite a reasonable grace period fixed by Panavia.  

13.3 Moreover, Panavia is entitled to withdraw from the Agreement due to justified objective reasons. 

In particular a justified objective reason is given, if 

- force majeure or other circumstances beyond the responsibility of Panavia make the fulfilment of the Agreement impossible;
- the Customer has booked events or premises culpably by deceptive or false information or by concealment of substantial facts; substantial means i.a. the identity, the solvency or the purpose of the event;
- Panavia has well-grounded cause to assume that the event will endanger the smooth business operation, the security or the public reputation of Panavia without any circumstances on the account for Panavia;
- the purpose or the cause of the event is illegal;
- an infringement of paragraph 4.1 is given.

13.4 A withdrawal of Panavia for good cause does not constitute a right for the Customer to claim damages.  

14. LIABILITY OF PANAVIA 

14.1 If not stipulated otherwise in these General Conditions or by separate agreement, Panavia shall be liable only in case of wilful or grossly negligent conduct. In case of slight negligence, Panavia shall only be liable for damages resulting from injury to life, body or health caused by Panavia as well as for damages resulting from the violation of obligations of Panavia typical for the purposes to be achieved by this Agreement. In the latter case, liability is limited to the foreseeable, typically occurring damage. A breach of duty of a legal representative or vicarious agent of Panavia shall be deemed as a breach of duty by Panavia. 

14.2 All exhibits or other objects brought along, including personal objects of the attendees, situated in the conference rooms or the Airport Business Centre respectively are at the risk of the Customer. 

Panavia shall be liable for loss, perishing or damage of such objects only according to paragraph 14.1, above.  

Furthermore, all cases in which custody is a typical contractual obligation due to circumstances of a particular case are excluded from this indemnification clause. 

14.3 In case of defaults or deficits of the performance of Panavia upon notice or prompt objection by the Customer Panavia will seek remedy. 

The Customer is obliged to reasonably contribute to remedy the default and to keep possible damage as low as possible. Furthermore, the Customer is obliged to duly indicate to Panavia the possibility of an accruement of extraordinary high damage. 

15. LIABILITY OF THE CUSTOMER 

15.1 If not a consumer, the Customer shall be liable for all damages to building or inventory, caused by attendees or visitors of the event, employees or other third parties under his control or by himself. 
    
15.2 If Panavia at the Customer’s request provides technical or other equipment from third parties, Panavia is acting in the name, by power of attorney and for the account of the Customer. 

The Customer is liable for the careful handling and the orderly return of such equipment. The Customer shall indemnify Panavia from all third party claims arising from the provision of such equipment. 

16. HOUSE RULES 

16.1 Smoking (including e-cigarette or similar) is banned in the whole area of the Airport Business Centre and within a radius of 2 metres distance from the building. Smoking is not permitted. Infringements of smoking ban (including e-cigarette or similar) entitle Panavia to terminate the Agreement without notice. Moreover and in any case Panavia will invoice the Customer the costs of special cleaning of the area or parts thereof, however, not less than an amount of € 500.00.  

16.2 According to the prevailing laws the Airport Business Centre including the conference area is equipped with sensitive smoke detectors. 

If smoking including e-cigarette or similar) leads to activation of the automatic fire alarm and of an intervention of police and fire service the Customer has to bear the incurring expenses of such an operation. 

16.3 The Customer is obliged to comply with the prevailing regulation for prevention of accidents and fire. Furthermore, the Customer is obliged to inform Panavia forthwith on any detected changes and damages in a conference room. 

16.4 The Customer shall ensure that all emergency exits as well as all entrances of the conference room used by the Customer or the attendees of his event respectively are kept entirely free and are not blocked by objects (e.g. furniture, luggage). 

17. SPECIAL SECURITY REGULATIONS 

If the Customer’s event is embraced by the scope of the so called “Versammlungsstättenverordnung” (VStättVO – decree on locations for assembly) only the Customer shall comply with the applicable regulations, in particular with § 38 VStättVO. The Customer shall indemnify Panavia from all third party claims arising from the infringement of such regulations. 

18. LIMITATION 

18.1 Any claims of the Customer against Panavia expire after termination of one year after the date of the end of the event. 

18.2 Consumers‘ claims based on defects as well as claims for damages due to injuries to life, body or health and/or claims for damages because of damages caused by wilful or grossly negligent conduct of Panavia shall be excluded from the provision as per paragraph 17.1. In this respect, the statutory periods of limitation shall apply. 

19. DATA PROTECTION 

With regard to the handling of personal data of the Customer and/or his attendees reference is explicitly made to 

https://airport-business-centre.de/en/privacy-policy.html

20. FINAL PROVISIONS 

20.1 Any side agreements, changes of or amendments to this Agreement, including but not limited to waiving of this clause, with a customer who is not a consumer must be in written form to be legally valid. Unilateral changes or amendments by the Customer are invalid. 
 
20.2 In case Panavia refuses consent required according to paragraphs 4.2, 4.3, 6.1, 6.2 or 8.1 the exceptional right of termination as per clause 540 paragraph 1, second sentence of the German Civil Code (§ 540 section, 1 S. 2 BGB) is not applicable, except that the Customer is a consumer. 

20.3 In commercial business and if the Customer has no place of general jurisdiction in Germany (§ 38 section 2 ZPO, German civil process order) exclusive place of jurisdiction for disputes arising from or in relation to the Agreement or these General Conditions – including disputes on cheque and bill transactions – shall be Munich. 

20.4 This contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany excluding conflict of law provisions. The UN Convention on the International Sale of Goods (CISG) shall not apply. 

20.5 If one of the provisions of this Agreement should be or become invalid or in the event of a loophole, the validity of the remaining provisions shall not be affected thereby. In such a case, the ineffective or missing provision shall be replaced by the statutory provisions which come closest to the economic interests of the Parties and the purpose pursued by them when concluding the Agreement. 

20.6 The German version of these General Conditions shall take precedence over any translations.