The location contract is a rental contract between the organiser and the lessor of the location. The organiser is the party that bears the economic risk of the event.
1.) Liability in case of defects
In the case of defects of the venue, it depends on when the defects existed and whether the organiser was aware of them. In case of positive knowledge of the defects, the organiser has no rights.
In the case of defects from the beginning, the landlord is liable regardless of fault. The organiser can demand a reduction and/or compensation. In the case of later defects, the organiser can demand a reduction and, if the lessor is at fault, also damages.
2.) Possible points of regulation in a location contract
The following points can be regulated in a location contract:
- Exact designation Contractual partner
- Type of event
- Rental objects (mobile / immobile)
- Acceptance protocol for rental objects
- Rental period / operating time of the event
- Rental fee (+ ancillary costs) / deposit
- Maximum number of visitors
- Duties of tenant / landlord (obligations to ensure safety), e.g.
- Stewards
- barriers
- Seating
- Keeping emergency exits free
- Waste disposal
- Observance of VersstättVO
- Observance of JugendschutzG – obligation to display notices
- Observance of third party rights
- GEMA
- KSK (state KSK number)
- Foreigners’ tax
- Liability for damage to rental objects, also for the actions of third parties
- Submission of organiser’s liability insurance or event goods insurance
