General Terms and Conditions
General Terms and Conditions (GTC) of the German Centre for Industry and Trade Beijing Co. Ltd. for room bookings.
Section 1 Scope of Application
- These General Terms and Conditions shall apply to the rental of meeting rooms, conference rooms, seminar and other event rooms of the German Centre for Industry and Trade Beijing Co.Ltd. (hereinafter referred to as "German Centre") and the associated services in accordance with Section 3 of these General Terms and Conditions.
- Deviating or conflicting terms and conditions of the Organizers shall only apply if these have been expressly agreed to by the German Centre in advance in writing.
- The offer does not apply to the rent of the event rooms for private purposes by individuals.
Section 2 Use of the online booking tool
Using the online booking tool, Organizers have the opportunity to check the availability of the meeting room, the seminar room, the conference and other event rooms of the German Centre, to request the price of their rental, to send a binding booking request for these rooms, to manage bookings or - under the conditions of Section 8 and Section 10 Paragraph 2 of these General Terms and Conditions - to cancel bookings.
Section 3 Scope of Services
- The German Centre provides various rooms for meetings, conventions, conferences and other business events (hereinafter referred to as "events") for rent.
- The Organizers may send a binding booking request via the German Centre's online booking tool. It is also possible to make a booking inquiry by telephone at +86 10 6590 69-19/-20/-21 or by e-mail at firstname.lastname@example.org.
- The services provided by the German Centre include the provision of the booked room as well as additional services in connection with the room, such as the provision of inventory and (technical) facilities and equipment such as laptops, beamers, WLAN, flipcharts, writing pads and pens according to the information provided by the Organizer in the booking process.
- Conference call equipment can be booked for an additional charge. The prices will be displayed in the online booking tool when the corresponding option is selected and included in the payment amount.
- The use of the rented rooms and services in accordance with Section 3 and Section 4 of these General Terms and Conditions is only permitted for business purposes.
- The use of the rooms is limited to the period of time requested by the Organizer via the online booking tool and confirmed by the German Centre.
- The agreed rental period includes time for assembly and dismantling on the day of the event. Objects brought in by the Organizer must be removed at the end of the rental period.
- Subletting or other transfer of use to third parties by the Organizer is not permitted.
Section 4 Catering
- Catering service can be booked at an additional charge. This service will be rendered by third parties upon facilitation by the German Centre. Catering services can only be booked subject to availability. The Organizer shall contact German Centre with regard to this matter.
- Apart from the option stipulated in Paragraph (1), the commissioning of a third party to provide catering services within the German Centre is only permitted after prior consultation with and approval by the German Centre. The same applies to bringing your own food and drink.
Section 5 Registration in the Online Booking Tool
- The booking request and booking management via the online booking tool is only possible after prior registration and login of an individual as a representative of the Organizer ("user").
- To register, the user must provide his personal data (first name, last name, telephone number, email address), the billing address and (if applicable) the tenant status of the Organizer as well as a personal password. In order to verify the registration, the German Centre will verify the provided information and send a link to the e-mail address provided, which must be confirmed within 24 hours. Subsequently, the User may log in his or her user account for the online booking tool using the previously assigned password.
- Registration can only take place after the user has consented to the processing of his personal data in accordance with the GDPR, the Chinese Cyber Security Law and other relevant regulations in China, and has agreed to these General Terms and Conditions.
- By agreeing to these General Terms and Conditions, the user confirms that, according to existing internal regulations of the Organizer, he/she is duly authorized to submit the declaration of consent and to use the Online Booking Tool on behalf of the Organizer, or has obtained the consent of the person authorized by the Organizer for this purpose in advance.
- If the user has forgotten his password to login the online booking tool, he can reset it using the "Forgot password" button.
Section 6 Conclusion of contract; Duty of Notification
- By sending a binding booking request via the online booking tool using the "Place Order" button, by email to email@example.com or by phone at +86 10 6590 69-19 / -20 / -21 the Organizer submits a binding offer to enter into a contract. Upon receipt of the booking request, the German Centre will send a binding booking confirmation as well as payment information to the e-mail address provided in accordance with Section 5 Paragraph 2 of these General Terms and Conditions, whereby the German Centre declares its acceptance of the contract to the Organizer. In addition, the booking and payment status are stored in the online booking tool and can be viewed via the user account.
- The payment amount shown in the payment information is payable in advance. Upon receipt of the payment amount by the German Centre in accordance with the provisions of Section 7 of these General Terms and Conditions, the German Centre will send a payment confirmation to the email address provided in accordance with Section 5 Paragraph 2 of these General Terms and Conditions, confirming receipt of the payment amount. The booking status in the user account of the online booking tool changes accordingly. If no payment is made to the German Centre within the time period specified in Section 7 of these General Terms and Conditions, the German Centre has the right to withdraw from the contract in accordance with Section 9 Paragraph 1 of these General Terms and Conditions.
- The conclusion of the contract requires the consent of the Organizer to these General Terms and Conditions.
- If additional services are requested via free text fields that cannot be booked directly via the online booking tool, the room can only be booked after the German Centre has contacted the Organizer.
- Without prior request by the German Centre, the Organizer is obliged to inform the German Centre, at the latest upon receipt of the booking confirmation, if the event, due to its political, religious or other character, is likely to compromise the safety, public reputation or smooth operation of the German Centre.
Section 7 Prices, Terms of payment, Offsetting
- The rental depends on the size of the room, room equipment, rental period and the tenant status of the Organizer. The individual rental, applicable taxes and the total amount payable will be shown to the Organizer after submitting all booking details before sending the booking request. After the booking request by the Organizer is sent, the payment information together with the booking confirmation will be sent to the e-mail address given in accordance with Section 5 Paragraph 2 of these General Terms and Conditions and will additionally be added in the user account. The payment period according to Paragraph 3 starts upon the receipt of the payment information by the Organizer.
- Tenants of the German Centre pay a reduced rental for the rooms and associated services. The tenant status can be indicated by placing a checkmark in the online booking tool, whereby the reduced rental is calculated and displayed directly by the system. The status of the tenant will be checked upon receipt of the booking; incorrect information will entitle the German Centre to choose at its own discretion either to charge the Organizer difference in price or to withdraw from the contract under the conditions of Section 9 Paragraph 2 of these General Terms and Conditions.
- The payment amount shown in the payment information is due immediately. The Organizer shall make payment by bank transfer to the bank account stated in the payment information or at the German Centre Landmark Tower office by credit card, debit card, AliPay or WeChatPay. Payment must be received by the German Centre within two working days of receipt of the payment information by the Organizer and at the latest 24 hours before the start of the event. Weekends and public holidays at the German Centre location are not included in the calculation of the deadlines.
- If the agreed rental period according to the meaning of Section 3 Paragraph 6 and 7 of these General Terms and Conditions is exceeded by the Organizer, the German Centre shall be entitled to invoice the Organizer additionally for the excess time per additional hour or part thereof on a pro rata basis in accordance with the agreed payment amount, plus the applicable statutory taxes. For the excess of the rental period occuring after 6 pm local time, the German Centre shall be entitled to charge an hourly rate increased by 20%. The right of the German Centre claiming further damages remains unaffected.
- The Organizer can only offset an undisputed or legally binding claim against a claim of the German Centre.
Section 8 Cancellation of the booking, non-use of the services
1. The Organizer can withdraw from the contract under the following conditions:
(a) The withdrawal can be declared in the online booking tool using the "Cancel Order" button or by email to firstname.lastname@example.org
(b) In the event of withdrawal from the contract, the Organizer shall pay the following cancellation fees as compensation for the cancellation:
- If the Organizer withdraws from the contract 14 days or more before the start of the event, no fees will be incurred.
- If the Organizer withdraws from the contract 7 days or more before the start of the event, 50% of the agreed payment amount will be charged.
- If the Organizer withdraws from the contract less than 7 days before the start of the event or if the Organizer does not make use of the agreed services without declaring his withdrawal within the deadlines specified in this Paragraph, 100% of the agreed payment amount will be charged.
The aforementioned cancellation fees do not apply if the German Centre withdraws from the contract in accordance with Section 9 of these General Terms and Conditions.
2. The successful cancellation is confirmed to the Organizer by email and displayed in the corresponding user account.
3. The (pro rata) reimbursement of payments made will be made to the same bank account from which the payment was made. In case the payment was made per WeChat, AliPay, credit card or debit card, the Organizer has to provide to the German Centre the details of an existing bank account to which the reimbursement shall be paid. If a VAT invoice (Fapiao) has been issued to the Organizer, its return to the German Centre is a necessary condition for the refund. Refunds to foreign accounts or where the Organizer is obliged to cooperate may take longer than 7 working days.
4. If the withdrawal is due to changed requirements in accordance with Section 10 Paragraph 2 of these General Terms and Conditions and if a new booking request is made within 24 hours, the German Centre is entitled to only invoice or refund possible difference amounts.
Section 9 Cancellation of the booking by the German Centre
1. The German Centre shall be entitled to withdraw from the contract if the payment amount has not been received in the bank account of the German Centre specified in the payment information within the period specified in Section 7 Paragraph 3 of these General Terms and Conditions.
2. Furthermore, the German Centre is entitled to withdraw from the contract for objectively justified reasons, in particular if
- force majeure or other circumstances beyond the control of the German Centre make it impossible to fulfil the contract;
- events are booked under false pretense or withholding of facts essential to the contract; essential to the contract may be, among other things, the identity of the Organizer, his or her solvency, the status of the Organizer as a tenant of the German Centre or the purpose of the event;
- there are reasonable grounds for the German Centre to believe that the event may jeopardize the safety, public reputation of the German Centre or the smooth running of its business, without this being attributable to the organizational responsibility of the German Centre;
- the purpose of the event is illegal;
- a violation of Section 3 Paragraph 8 of these General Terms and Conditions occurs.
3. The withdrawal of the German Centre in accordance with this Section 9 does not lead to the charging of the cancellation fees mentioned in Section 8 Paragraph 1 to the Organizer, irrespective of the time of withdrawal.
4. If the behavior of the Organizer entitles the German Centre to withdraw from the contract in accordance with Section 9 Paragraph 2, the German Centre’s right of asserting claims for damages against the Organizer remains unaffected.
5. The justified withdrawal of the German Centre does not give rise to the claim for damages on the part of the Organizer.
Section 10 Changes in the number of participants and the time of the event
- The Organizer must indicate the expected number of participants in his event in his booking request. This is the basis for checking the availability of a suitable room.
- If the rented space no longer meets the changed requirements of the Organizer, the Organizer can withdraw from the contract up to 14 days before the start of the event and make a new booking request. Section 6 of these General Terms and Conditions applies to the new booking. For the withdrawal, the conditions regulated under Section 8 of these General Terms and Conditions apply, unless this Section 10 stipulates otherwise.
- The Organizer is obliged to ensure that the fire safety restrictions to which the rooms are subject, in particular the maximum occupancy of the rented room, are observed. The German Centre is entitled to deny surplus participants access to the rented room.
- If the agreed start and end times of the event are postponed and if the German Centre agrees to such postponements, the German Centre is entitled to charge for additional services and costs, e.g. for the provision of staff and equipment, in accordance with Section 7 Paragraph 4 of these General Terms and Conditions, unless the German Centre is responsible for the postponement.
Section 11 Technical facilities and connections; Official permits
- The use of the Organizer's own electrical equipment using the German Centre's power supply system requires the explicit consent of the German Centre and may require the presence of a German Centre technician against payment of a fee. Any malfunctions or damage to the technical facilities and/or equipment of the German Centre caused by the use of such equipment shall be borne by the Organizer, unless the German Centre is responsible for such malfunctions or damage.
- Malfunctions in the technical or other facilities and/or equipment provided by the German Centre shall be remedied immediately where possible. The amount paid may not be reduced or refunded if the German Centre is not responsible for such malfunctions.
- The German Centre does not guarantee that the technical or other facilities and equipment available in the rooms are compatible with technical equipment brought in by the Organizer. In agreement with the German Centre, it is possible to inspect the rooms and test the technical facilities and equipment in advance of the event.
- The Organizer is responsible for compliance with public law requirements and other regulations.
Section 12 Use of WiFI
- The German Centre provides the participants of the event with a password-protected Wi-Fi connection, the use of which is included in the payment amount for the use of a room of the German Centre by the Organizer and its participants.
- The Organizer is solely responsible for all his or her actions and omissions in connection with the use of the Internet and those of his or her participants. The Organizer undertakes to observe the legal and copyright regulations. In this respect, the Organizer shall indemnify the German Centre against all claims by third parties and undertakes to compensate the German Centre for any damage incurred. This also includes necessary legal and consulting costs as well as warning fees.
Section 13 Loss or damage to items brought to the premises
- Items brought to the German Centre premises by the Organizer or the participants, including personal items, are kept in the premises of the German Centre at the Organizer's risk. The German Centre accepts no liability for loss, destruction or damage, including financial loss, except in the case of gross negligence or intent on the part of the German Centre or injury to life, body or health.
- The Organizer is obliged to remove items brought to the premises immediately after the end of the event. If the Organizer fails to do so, the German Centre may remove or store the items at the expense and cost of the Organizer.
Section 14 Liability of the Organizer for damages
- The Organizer is liable for all damages to the rooms, facilities, inventory and technology culpably caused by him, his legal representatives and vicarious agents, such as event participants, employees and other third parties.
- Prior to the start of the rental, the rooms, the inventory as well as technical and other facilities and equipment are in a condition that is suitable for use in accordance with the contract, of which the Organizer must confirm prior to use. Should damage caused by the Organizer occur during use, the Organizer will be charged for the repair costs.
- The Organizer assures that the rooms, the inventory as well as technical and other facilities and equipment are used carefully in accordance with the purpose of the event and that the content of the event does not violate applicable law.
Section 15 Provision of the room
- Access to the rooms is subject to the house rules of the German Centre. The respective regulations, to which the German Centre advises the Organizer, must be observed by the Organizer.
- The German Centre has the management right in all rooms, which it and its vicarious agents exercise towards the Organizer and all guests in the rooms, especially all participants of the event. Their instructions are to be followed. The Organizer must refrain from anything that could affect the house management rights of the German Centre.
Section 16 Liability of the German Centre
- The German Centre shall be liable without limitation for intent and gross negligence.
- Liability for slight negligence is excluded, except in cases of injury to life, body or health.
- Should deficiencies in the services of the German Centre arise, the German Centre will attempt to remedy the situation as soon as it becomes aware of them or upon immediate notification of the Organizer. The Organizer is obliged to make all reasonable efforts to remedy the fault and to keep any possible damage to a minimum. Furthermore, the Organizer is obliged to notify the German Centre in good time of the possibility that exceptionally high damage may occur.
- Further liability of the German Centre is excluded.
- The limitations of liability also apply in favor of the respective legal representative, managerial staff or other vicarious agents of the German Centre.
- The personal information which is collected for room bookings according to section 5 paragraph 2 of these General Terms and Conditions, are used in accordance with the laws and regulations – the GDPR as well as the Chinese Cyber Security Law and other relevant regulations in China.
Section 18 Amendments to these General Terms and Conditions
- The German Centre reserves the right to amend or extend these General Terms and Conditions and to make further use of the online booking tool dependent on the Organizer's consent to these changed General Terms and Conditions. Existing contractual relationships remain unaffected, i.e. the General Terms and Conditions which were in force at the time of the conclusion of the contract continue to apply to the Online Booking Tool, unless the amended General Terms and Conditions have been approved.
- Furthermore, the German Centre may at any time amend these General Terms and Conditions if and to the extent necessary to comply with applicable law or a court order, or if required by a competent supervisory authority. This does not affect existing contractual relationships, i.e. the General Terms and Conditions which were in force at the time of conclusion of the contract continue to apply continue to apply to the latter, unless the amended General Terms and Conditions have been approved.
Section 19 Final provisions
- Chinese law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules is excluded.
- Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
- Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) in Beijing for arbitration. The arbitration shall be conducted in Beijing in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties without a right to appeal.