§ 1 Applicability
1. These General Terms and Conditions of Business apply to rentals of conference rooms in the Fraport Conference Center (FRACC) of Fraport AG for the purpose of holding events and to all services provided in connection with such events.
2. No provisions deviating from these shall apply, even if they are contained in the renter’s own general terms and conditions of business, unless they have been explicitly acknowledged in writing by Fraport AG.
§ 2 Conclusion of the Rental Contract
1. When a party interested in renting one or more conference rooms submits to Fraport AG a booking request, this act constitutes an offer to conclude a rental contract. By providing written confirmation of the reservation, Fraport AG accepts the offer and the rental contract then acquires legal force upon being signed by the renter.
2. If the renter is not also the event organizer or user of the rooms, it is subletting them to a user or organizer; however, this is allowed only with the prior written consent of Fraport AG.
3. If the renter is not also the user or organizer of the event held in the conference rooms, he/she is liable to Fraport AG together with the user or organizer as joint debtors.
§ 3 Rental Property
1. The conference room indicated in the confirmation of reservation, along with the booked equipment, will be placed at the renter’s disposal in proper condition for the duration of the rental period and at the agreed price. Fraport AG reserves the right to assign another, comparable room in the conference center as a substitute if there is good cause to do so. Good cause constitutes, in particular, defects in the conference room indicated in the confirmation of reservation or the need to meet Fraport AG’s obligation to provide rooms for press work in the event of an emergency at the airport.
2. Unless the renter raises objections when accepting the room, the room shall be considered accepted as is and free of defects. No subsequently made objections are valid.
3. Fraport AG reserves the right to demand a joint inspection of the room together with the renter before and/or after the rental period.
4. Setup and takedown work and holding of the event shall be carried out in consultation with Fraport AG. The renter must comply with the applicable legal requirements, in particular the ordinance on places of assembly and regulations on accident prevention and fire protection. The renter alone is responsible for holding the event in an orderly manner, meeting reporting and registration requirements, and complying with all laws, regulations, and official directives. To the required extent, he/she shall arrange for an inspection by the responsible government agency or facility at his/her expense.
§ 4 Catering Services
1. Catering services for the event are provided by Airport Cater Service GmbH. Conditions concerning withdrawal and termination as laid out in §9 apply.
§ 5 Rent
1. The rent indicated in the confirmation of reservation applies. It includes the costs for heating and air conditioning, general room lighting, and the usual cleaning and use of conference equipment that is designated in the confirmation of reservation as not being subject to any additional charge.
2. The total amount due comprises the rent and costs for any additional services provided, in particular use of conference equipment that is designated in the confirmation of reservation as being free of charge, plus the applicable statutory value-added tax. It is due no later than 10 days after the invoice date. In addition, unless otherwise agreed Fraport AG may at any time demand advance payment of up to the expected full amount of the final invoice. If the agreed duration of rental is exceeded, there is an additional charge per hour or fraction thereof according to the current price list.
3. In the event of failure to make punctual payment, Fraport AG is entitled to charge interest at the applicable statutory rate. The obligation to compensate Fraport AG for any further damages suffered as a result of tardy payment remains unaffected. Unless the entire sum due is paid punctually (i.e. rent and equipment costs plus the applicable statutory value-added tax), the renter is immediately in arrears, even without being specifically reminded to make payment.
§ 6 Liability
1. Pursuant to the legal provisions, the renter is liable for damage to property and injury to persons including any consequential damages (financial losses) that are caused by the renter, the organizer/user, or their representatives, contractors and/or visitors. The renter must indemnify Fraport AG against all claims for damages brought by third parties in connection with the event, except for damages that have been caused by Fraport AG intentionally or by gross negligence.
2. Fraport AG is not liable for any objects introduced to the rental property by the renter, the organizer/user, their representatives or contractors, or visitors. At the end of the rental period, renter must clear the rental property and all associated facilities and leave them in their original state.
Fraport AG is entitled to carry out or contract any required clearing or repair work at the renter’s expense.
3. The renter is liable to Fraport AG for any damage caused to the rental property as well as for any rent lost as a result of having to repair such damage.
4. Fraport AG is only liable for damages caused by inadequacies of the rental property or by intentional or grossly negligent violations of obligations it has assumed.
5. The renter must obtain liability insurance and present the insurance policy on request.
6. During the rental period, the renter is responsible for ensuring safe conditions in the rented rooms.
§ 7 Decorations
Any objects brought to the rental property by the renter / organizer / user must be reported to Fraport AG before the event starts. The placement of decorations or other objects must be agreed on with Fraport AG in advance. Particularly decorative materials and the like must comply with fire protection regulations. At Fraport AG’s request, the renter / organizer / user must furnish proof that introduced objects conform to DIN 4102. In cases of doubt, Fraport AG may demand confirmation from the responsible fire protection agency or officer.
§ 8 House Rules
Fraport AG and third parties contracted by it must be allowed access to the rental property during business hours (Monday-Sunday) if there are grounds to suspect that the renter is using the rental property in violation of the rental contract or is neglecting its safety and due care obligations to an extent that impinges on justified interests of Fraport AG. Instructions of the airport security services must be followed. The Airport User Regulations and the applicable rules of Fraport AG must also be observed.
§ 9 Withdrawal and Termination
1. Fraport AG is entitled to withdraw from or terminate the contract with immediate effect if
- the renter violates the terms and conditions of this rental contract,
- there is reason to fear that the planned event will interfere with public safety and order or damage the reputation of Fraport AG,
- the rental property cannot be made available due to instances of force majeure, or
- the rental property cannot be made available or must be cleared to hold a press conference on an emergency situation at the airport.
Such a withdrawal or termination with immediate effect must be immediately communicated to the renter.
2. If the renter withdraws from the contract for a reason for which Fraport AG cannot be held responsible, the renter must pay to Fraport AG a cancellation fee amounting to the following percentages of the agreed price (rent for the room plus conference equipment designated as subject to a charge, specifically videoconferencing systems or externally rented conference equipment from third-party providers) plus the applicable statutory value-added tax:
- 50% of the agreed price when withdrawing 28 or fewer days before the event
- 75% between 14 days and one day before the event
- 100% on the day of the event
§10 Data Privacy
1. Fraport AG is highly committed to the protection and security of personal data. Personal data are processed in accordance with the General Data Protection Regulation (“GDPR”, EU 2016/679). The information according to articles 13, 14 of the GDPR is available via datenschutz.fraport.de
§11 Ancillary Agreements and Place of Jurisdiction
1. The foregoing General Terms and Conditions constitute part of the rental contract.
2. Ancillary agreements, changes, and additions to the rental contract must be made in writing. This also applies to agreements to remove the written form requirement.
3. If one or more provisions of these General Terms and Conditions should be or become void or invalid, this shall not affect the validity of the other provisions. In such a case, the parties shall undertake to replace each invalid provision with another that most closely approximates the invalid provision’s intention.
4. The place of performance and jurisdiction is Frankfurt am Main, Germany, provided that the renter is a business or businessperson in the sense of the German Commercial Code.
60547 Frankfurt/Main, Germany