General Terms and Conditions
General Terms and Conditions of Centro Alemán de Industria y Comercio de México, S. de R.L. de C.V. for room bookings.
Article 1. Scope of application
(1) These General Terms and Conditions of CENTRO ALEMÁN DE INDUSTRIA Y COMERCIO DE MÉXICO, S. DE R.L. DE C.V. (hereinafter referred to as "German Centre") apply to the service provision for room booking in order to hold meetings, conventions, conferences and other events (hereinafter referred to as the "Events") in the installations of the German Centre and associated services in accordance with Article 3 of these General Terms and Conditions.
(2) These General Terms and Conditions apply to all contractual relations between German Centre and individuals or legal entities who engage the German Centre with the aforementioned services (hereinafter referred to as “Organizer”).
(3) Deviating or conflicting Terms and Conditions of the organizers shall only apply if they have been expressly agreed to in writing beforehand by the parties or their legal representatives.
(4) The offer is not addressed to consumers according to Article 2 Section 1 of the Mexican Consumer Protection Law (Ley Federal de Protección al Consumidor).
Article 2. Purpose of the online booking tool
Using the online booking tool, Organizers have the possibility to check the availability of meeting, convention, conference and other event rooms of the German Centre, request the price of their rental, send a binding booking request for these rooms, manage bookings or - under the conditions of the Articles 8 and 10 paragraph 2 of these General Terms and Conditions - cancel bookings.
Article 3. Scope of services
(1) The German Centre provides temporarily various rooms to the Organizer in order to hold the Event.
(2) The Organizers can book the rooms via: the German Centre's online booking tool; or telephone on +52 55 9172-9210; or e-mail to firstname.lastname@example.org.
(3) The services of the German Centre include the provision of the booked room as well as additional services in connection with the above-mentioned room offers, such as the provision of inventory and (technical) installations and equipment such as laptops, beamers, Wi-Fi, flipcharts, writing pads and pens according to the information provided by the Organizer in the booking process.
(4) The Organizer can book a conference call equipment for an additional charge. The additional prices are displayed in the online booking tool when the corresponding selection option is being chosen and are included in the payment amount.
(5) The use of the rented rooms and services in accordance with Articles 3 and 4 of these General Terms and Conditions is only permitted for commercial purposes.
(6) The use of the rooms is limited to the time period requested by the Organizer through the online booking tool and confirmed by the German Centre.
(7) The agreed rental period includes assembly and disassembly times on the day of the event. At the end of the rental period, objects introduced by the Organizer must be removed and the Organizer and persons related to him shall leave the room.
(8) German Centre prohibits any assignment, sublet, transfer or similar of the contractual rights and obligations.
Article 4. Catering
(1) Gastronomic catering service can be booked through the German Centre for an additional charge. The additional prices will be displayed in the online booking tool when the appropriate selection option is chosen and included in the payment amount. Catering services can only be booked subject to availability.
(2) The commissioning of a third party company to provide catering services within the German Centre is only permitted after prior consultation and approval by the German Centre. The same applies to bringing personal food and beverages
Article 5. Registration in the online booking tool
(1) The booking request and administration of bookings through the online booking tool is only possible after prior registration and login of a natural person as representative of the Organizer (hereinafter referred to as the "User").
(2) Upon registration, the User must provide his personal data (first name, surname, telephone number, e-mail address), the tax number (RFC, Registro Federal de Contribuyentes) of the Organizer and his tax address and (if applicable) the tenant-status of the Organizer as well as a personal password. After verifying the information provided, the German Centre will send a link to the e-mail address entered, which must be confirmed within 24 (twenty four) hours. Subsequently, the User can log into his/her user account to use the online booking tool by entering the previously assigned password.
(3) With his/her registration the User consents to the processing of his/her personal data under the terms of the Federal Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de Particulares) and agrees to these General Terms and Conditions.
(4) By agreeing to these General Terms and Conditions, the User confirms that according to existing internal regulations of the Organizer, he/she has the appropriate authorization and sufficient legal powers, which have not been revoked or limited in any kind, to submit the declaration of consent and to use the online booking tool on behalf of the Organizer or that the consent of the person authorized by the Organizer for this purpose has been obtained in advance.
(5) If the User has forgotten his/her password for logging into the online booking tool, he/she can reset it by clicking on the button "Olvidado contraseña".
Article 6. Conclusion of contract; obligation of notification
(1) By sending the binding booking request via the online booking tool by clicking on the "Reservar" button, by e-mail email@example.com or by phone at +52 55 9172-9210, 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, the electronic invoice covering the total amount, as well as payment information to the e-mail address provided in accordance with Article 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 through the User account.
(2) 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 Article 7 of these General Terms and Conditions, the German Centre will send an electronic confirmation of payment to the e-mail address provided in accordance with Article 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.
(3) If no payment is made to the German Centre within the periods specified in Article 7 of these General Terms and Conditions, the German Centre shall be entitled to cancel the contract without setting a previous deadline, without judicial warning and without liability in accordance with Article 9 paragraph 1 of these General Terms and Conditions.
(4) If further services are requested via free text fields which cannot be booked directly via the online booking tool, the room can only be booked after the German Centre has contacted the Organizer. The Organizer has the obligation to inform the German Centre, without being asked, at the latest one day before the Event, due to its political, religious or other character, is likely to endanger the safety, public reputation or the proper business operations of the German Centre.
Article 7. Prices, terms of payment, set-off
(1) The prices depend on the room size, room equipment, period of use and status of the Organizer. The individual prices, applicable taxes as well as the total amount to be paid will be displayed to the Organizer after providing all booking details before sending the binding booking request. After sending the binding booking request by the Organizer, the payment information together with the electronic invoice and the booking confirmation will be sent to the e-mail address provided in accordance with Article 5 paragraph 2 of these General Terms and Conditions and additionally entered to the User account. The payment period according to paragraph 3 starts with the receipt of the payment information by the Organizer.
(2) Tenants of the German Centre pay reduced prices for the rooms and related services. The tenant status can be indicated by placing a checkmark in the online booking tool, whereby the reduced price is calculated and displayed directly by the system. The tenant status will be checked upon receipt of the booking; incorrect information will entitle the German Centre to either charge the difference to the Organizer additionally or to cancel the contract under the conditions of Article 9 paragraph 2 of these General Terms and Conditions at its own discretion.
(3) The payment amount shown in the payment information is due immediately. The Organizer will make the payment by bank transfer to the bank account indicated in the payment information or in the German Centre office by credit card, debit card, wire transfer or WeChatPay. The payment must be received by the German Centre within two working days of receipt of the payment information and at the latest 24 (twenty four) hours before the event begins. Weekends and public holidays at the German Centre location are not included in the calculation of the paying periods.
(4) If the agreed period of use within the meaning of Article 3, paragraphs 6 and 7 of these General Terms and Conditions is exceeded by the Organizer, the German Centre shall be entitled, for the duration of the exceeding of the period of use, to charge the Organizer additionally for the use of each additional hour or part thereof, pro rata in accordance with the agreed payment amount, plus the applicable statutory taxes. If the period of use is exceeded after 6 pm local time, the German Centre shall be entitled to charge a 20% (twenty percent) higher hourly rate. The possibility of the German Centre claiming further damages remains unchanged.
(5) The Organizer can only offset an undisputed or legally binding claim against a claim of the German Centre.
Article 8. Cancellation of the booking, non-utilization of the services
(1) The Organizer is entitled to cancel the contract under the following conditions:
- The cancellation can be declared in the online booking tool by selecting the "Cancelar Reserva" button or by sending an e-mail to firstname.lastname@example.org.
- In case of cancellation of the contract, the Organizer will pay the following cancellation fees as compensation for the cancellation:
- If the Organizer cancels the contract up to 14 (fourteen) days before the start of the event, no costs will be charged.
- If the Organizer cancels the contract up to 7 (seven) days before the start of the event, 50% (fifty percent) of the agreed payment amount will be charged.
- If the Organizer cancels the contract less than 7 (seven) days before the beginning of the event, or if the Organizer does not use the agreed services without declaring its cancellation within the periods mentioned in this paragraph, 100% (one hundred percent) of the agreed payment amount will be charged.
The cancellation fees do not apply if the German Centre cancels the contract in accordance with Article 9 of these General Terms and Conditions.
(2) The successful cancellation of the contract will be confirmed to the Organizer by e-mail and displayed in the corresponding User account.
(3) The (proportional) refund of payments made, shall be transferred to the same account from which the payment was made. The German Centre issues an electronic cancellation-invoice according to Article 29-A Section IX Subsection 4 of the Federal Tax Code (Código Fiscal de la Federación). Refunds to foreign accounts or in case of cooperation obligations of the Organizer may take longer than 7 (seven) working days.
(4) If the cancellation is made due to changed requirements in accordance with Article 10 paragraph 2 of these General Terms and Conditions and a new booking request is made within 24 (twenty four) hours, the German Centre is entitled to charge or refund only possible difference amounts.
Article 9. Cancellation of the booking by the German Centre
(1) The German Centre is entitled to cancel the contract if the payment amount has not been received within the time limit specified in Article 7 paragraph 3 of these General Terms and Conditions in the German Centre's bank account indicated in the payment information.
(2) Additionally, the German Centre is entitled to cancel 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 declarations or if facts essential to the contract are omitted; essential to the contract may be, among other things, the identity of the Organizer, his solvency, the status of the Organizer as tenant of the German Centre or the purpose of the event;
- the German Centre has good reason to believe that the event may endanger the security, public reputation or proper business operations of the German Centre, without this being attributable to the organizational area of the German Centre the event's purpose is unlawful;
- there is an infringement of Article 3 paragraph 8 of these General Terms and Conditions;
- the Organizer assigns, transfers or sublets contractual rights to third parties; Infringes public order or morality or performs unlawful acts in the booked rooms;
- the Organizer of persons attributable to him smoke in the booked rooms or introduce animals, alcoholic beverages, or highly inflammable or explosive substances.
(3) The cancellation of the German Centre in accordance with this Article 9 does not lead to the charging of the cancellation fees mentioned in Article 8 paragraph 1 at the expense of the Organizer, regardless of the moment of cancellation.
(4) If the Organizer’s behavior entitles the German Centre to cancel the contract in accordance with Article 9 paragraph 2, the possibility of asserting claims for damages against the Organizer remains unaffected. The justified cancellation by the German Centre does not constitute a claim for damages by the Organizer. The German Centre can declare the cancellation to the Organizer by E-Mail.
Article 10.- Changes in the number of participants and the time of the event
(1) The Organizer must indicate the expected number of participants in his event in his booking request. This information is required for checking the availability of a suitable room.
(2) If the booked room no longer meets the changed requirements of the Organizer, the Organizer is entitled to cancel the contract and make a new booking request up to 14 (fourteen) days before the event begins. Article 6 of these General Terms and Conditions shall apply accordingly to the new booking. The conditions regulated under Article 8 of these General Terms and Conditions shall apply to the cancellation, unless Article 10 of these General Terms and Conditions provides otherwise.
(3) The Organizer is obliged to ensure compliance with the Civil Protection (Protección Civil) and fire departments’ restrictions to which the rooms are subject, in particular the maximum occupancy rate of the booked room. The German Centre has the right to deny access to the excess participants to the booked room.
(4) If the agreed start and end times of the event are postponed and the German Centre agrees to such postponements, the German Centre shall be entitled to charge for the additional services and costs, e.g. for the provision of staff and equipment, in accordance with Article 7 paragraph 4 of these General Terms and Conditions, unless the German Centre is responsible for the postponement.
Article 11. Technical equipment and connections; official permissions
(1) 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 for a fee. Any malfunctions or damage to the technical facilities and/or equipment of the German Centre caused using such equipment will be charged to the Organizer, unless the German Centre is responsible for such malfunctions or damage.
(2) Malfunctions in the technical or other facilities and/or equipment provided by the German Centre will be remedied immediately, if possible. The amount paid will not be reduced if the German Centre is not responsible for these faults. The German Centre does not guarantee that the technical and other facilities and equipment available in the rooms are compatible with technical equipment introduced by the Organizer. The German Centre allows the Organizer to inspect the rooms and test the technical facilities and equipment prior to the event. The Organizer is responsible for compliance with public law requirements and other regulations, especially those made by the Civil Protection (Protección Civil).
Article 12. Use of the Wi-Fi network
(1) The German Centre provides participants in the event with a password-protected Wi-Fi connection. Its use during the period of use of a room at the German Centre by the Organizer and its participants is included in the payment amount.
(2) The Organizer is fully responsible for all his actions and omissions in connection with the use of the Internet and those of his participants. He agrees to observe the legal and copyright regulations. In this respect the Organizer indemnifies the German Centre against all claims by third parties and is obliged to compensate the German Centre for any damages incurred. This also includes necessary legal and consulting costs as well as reminder fees.
Article 13. Loss or damage of introduced objects
(1) Objects introduced by the Organizer or the participants, including personal belongings, are located in the rooms of the German Centre at the risk of the Organizer. The German Centre accepts no liability for loss, destruction or damage, including financial loss, except in the case of gross negligence or intent by the German Centre or injury to life, body or health.
(2) The Organizer is obliged to remove any objects introduced at the end of the event without delay. If the Organizer neglects to do so, the German Centre may remove or store the objects at the expense of the Organizer.
Article 14. Liability of the Organizer for damages
(1) The Organizer is liable for all damage to the rooms, installations, inventory and technology culpably caused by him, his legal representatives and his auxiliary personnel, such as event participants, employees and other third parties from his risk area.
(2) The rooms, the inventory as well as technical and other installations and equipment are in a suitable condition for use in accordance with the contract before the period of use begins. The Organizer must make this sure before its use. If damage caused by the Organizer should occur during use, the Organizer will be charged for its repair.
(3) The Organizer guarantees that the rooms, the inventory as well as technical and other installations and equipment will be used with care in accordance with the purpose of the event and that the contents of the event will not violate applicable law.
Article 15. Provision of the room
(1) The access to the rooms is subject to the internal regulations of the German Centre. The respective regulations, to which the German Centre draws the attention of the Organizer, must be observed by the Organizer.
(2) The German Centre has the domestic authority in all rooms. He and his auxiliary personnel exercise this authority over 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 any action which could impair the German Centre's domestic authority. Furniture and accessories (desks, chairs, tables, locks, glasses, etc.) are property of German Centre and their use is only permitted for the purposes stated in this Terms and Conditions and during the period the rooms are used.
(3) The present contractual relationship does not state and subordination of the Organizers employees to the German Centre. In case of any conflict the Organizer is considered as exclusive employer and exempts German Centre from all labor law liabilities or lawsuits that could occur in this regard.
Article 16.- Liability of the German Centre
The German Centre is liable without limitation for intent and gross negligence. Liability for slight negligence is excluded, except (i) in cases of injury to life, body or health and (ii) in the event of infringement of obligations that are essential for achieving the purpose of the contract. Should there be any deficiencies in the services provided by the German Centre, 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 inform the German Centre promptly of the possibility of unusually high damages. Any further liability of the German Centre is excluded. In particular, the German Centre shall not be liable for initial defects unless the requirements of Article 16, paragraphs 1 to 3 of these General Terms and Conditions are met. The liability limitations shall also apply in favor of the respective legal representatives, executives or other auxiliary personnel of the German Centre.
Article 17. Data protection
(1) German Centre compromises to safeguard and keep under the highest technological, legal and technical standards all personal information and data of the User and the Organizer in compliance with Article 3 Section V. and VI. of the Federal Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de Particulares ) and to treat them in a controlled, compliant and trained way, in order to keep them private.
(2) The use of personal data by the German Centre is, a part from the purposes of the contract, only permitted to respond to any legal request by a competent authority, to perform internal controls or related acts. According to Article 22 Federal Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de Particulares) German Centre grants to the Organizer and the User a right of access, correction, deletion or objections of his personal rights at any time by E-Mail or by written request.
Article 18. Confidentiality
(1) German Centre and the Organizer recognize and accept that during the period of use of the rooms and of the services they are exposed to “Confidential Information”, in the understanding that such information, partially or total, may it be disclosed by the parties or their employees, includes without limitation any business information, sales, operations, know-how, commercial secrets, technologies, products, employees, clients, marketing plans, financial information, services, business matters, any knowledge obtained by examining or observing during the access to the services or the books and registries of the German Centre.
(2) The Organizers compromises himself by use of the rooms to keep all Confidential Information strictly confidential, to not disclose or share it with third parties and to not use such Confidential Information in any form, that could directly or indirectly affect the German Centre.
Article 19. Changes to these General Terms and Conditions
(1) 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 agreement to these amended General Terms and Conditions. Any existing contractual relationships shall remain unaffected by this, i.e. the General Terms and Conditions which have been in force at the time of the conclusion of the contract shall continue to apply to the online booking tool, as long as no agreement to the amended General Terms and Conditions has been obtained.
(2) Furthermore, the German Centre may amend these General Terms and Conditions at any time if and to the extent necessary to comply with applicable law or a court order, or if required by a competent regulatory authority.
Article 20. Final provisions Mexico-City
(1) Mexico shall be the exclusive place of jurisdiction.
(2) Mexican law applies.
(3) If individual provisions of these General Terms and Conditions are or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.