Host terms
Host Terms for the Laufgelage (Annex to the Terms and Conditions of Participation)
This English translation is provided for your convenience. The agreement is based on the German “Gastgeberbedingungen für das Laufgelage”, which are available at Gastgeberbedingungen. In the event of any discrepancy, the German version prevails (§ 11(4)).
These terms apply between VWI-Hochschulgruppe Erlangen-Nürnberg e.V., address as in § 1(1) of the Terms of Participation (the “Organiser”), and the team member who, according to the information given when registering, lives at the cooking address stated there or, if both live there, both team members (each a “Host”), for the event for which the team has registered.
These terms are an annex to the General Terms and Conditions for Participation in the Laufgelage (the “Terms of Participation”) and are agreed together with them when registering. If only one of the team members lives there, the other assists in hosting the course; § 4(3) to (7) and § 7(2) and (6) apply to that person accordingly. If neither team member lives at the cooking address, the person who registered the team is the Host.
§ 1 Subject matter
(1) The Host makes their home at the cooking address stated when registering available on the day of the event for the course which the Organiser allocates to their team, in order to host that course there for the guests allocated to them.
(2) The Host is also a participant in the event. The Terms of Participation continue to apply to them; for the host relationship, the provisions of these terms take precedence. Whether and on what terms the team participates and what happens to the participation fee are governed by the Terms of Participation; § 9(1) governs only the hosting of the course in the home.
(3) Hosting a course is part of participation in the Laufgelage; the Host is in turn catered for at the other courses. No separate fee is owed for this. This is not a mere favour (Gefälligkeit).
§ 2 Roles of the parties
(1) The Organiser organises the Laufgelage, allocates the teams and courses and ensures communication. It is neither the owner nor the possessor of the Host’s home; it has no power of control there, does not exercise the Hausrecht (the right to decide who may enter and stay) and is not in a position to check or monitor the condition of the premises.
(2) The Host hosts the course in their home on their own responsibility. The Hausrecht remains exclusively with the Host. The Host decides whom to admit and may ask persons to leave the home at any time.
(3) The Organiser gives the Host no instructions on how to arrange the course or use their home. Each party acts in its own area on its own responsibility.
(4) If the Host has consented to a visit by a drinks sponsor, the sponsor may visit the Host during the course. The Host’s Hausrecht remains unaffected; the Host may refuse or end the visit at any time. The visit is not a service of the Organiser; the Organiser does not owe it. The Organiser is liable for the conduct of the sponsor only in accordance with § 6.
§ 3 Entitlement of the Host
(1) Before the event, the Host satisfies themselves that no agreement and no house rules prevent the use of their home for the event under § 1. If such a restriction exists, the Host obtains the necessary consent or cancels hosting under § 9(1).
(2) If the Host shares the home with others, they obtain their consent. If the home belongs to a third party, the Host obtains that party’s consent.
(3) The Organiser does not check compliance with paragraphs 1 and 2. If it turns out that the entitlement did not exist, this does not affect the validity of these terms.
§ 4 Duties of the Host
(1) The Host keeps the home, during the event, in a condition that does not endanger the guests. The Host removes sources of danger that are apparent to them or points them out; this applies in particular to tripping hazards, stairs, the lighting of access routes and sanitary rooms, open flames and pets. The Host keeps entrances and exits clear.
(2) The Host does not admit more people to the home than they can safely cater for there.
(3) When preparing and serving food, the Host observes the rules of kitchen hygiene, in particular for perishable foods, refrigeration and thorough cooking. The Host points out allergens insofar as the composition of the food they have prepared is known to them, and takes into account the information on allergies, intolerances and preferences of their guests which the Organiser has passed on to them.
(4) The Host does not serve alcoholic drinks to persons under 18.
(5) The Host shows consideration for the neighbours, in particular as regards quiet hours.
(6) If the Host is prevented from hosting or the home becomes unavailable, they inform the Organiser without undue delay so that it can make other arrangements.
(7) During the event, the Host keeps a means of contacting the Organiser available.
§ 5 Insurance
(1) The Organiser points out that it is responsible for damage in the Host’s home only in accordance with § 6. The Organiser has not taken out event liability insurance for the Laufgelage.
(2) The Host is recommended to check before the event whether and to what extent their private liability insurance and their household contents insurance cover damage in connection with the event. No obligation to take out insurance arises from this.
§ 6 Liability of the Organiser towards the Host
(1) The Organiser is liable without limitation for damage resulting from injury to life, body or health based on a breach of duty by the Organiser, its legal representatives or vicarious agents, and for damage based on intent or gross negligence of the Organiser, its legal representatives or vicarious agents.
(2) Subject to paragraph 1, the Organiser is liable for simple negligence only for the breach of an essential contractual obligation, that is, an obligation whose fulfilment makes the proper performance of this agreement possible in the first place and on compliance with which the Host may regularly rely; in this case, liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.
(3) Without prejudice to paragraphs 1 and 2, the Organiser’s liability is otherwise excluded. This applies to contractual and non-contractual claims. The Organiser does not use the participants to perform its obligations towards the Host; for damage caused by participants in the Host’s home, the Organiser is therefore liable only insofar as it has itself breached a duty under paragraphs 1 and 2, in particular in allocating participants or passing on information.
(4) Paragraphs 1 to 3 also apply to the personal liability of the Organiser’s board members, staff and persons who work for the Organiser on a voluntary basis, insofar as they are involved in organising the event. Other hosts and participants are not such persons.
(5) Claims for damages of the Host against the Organiser and the persons named in paragraph 4 become time-barred one year after the statutory limitation period begins. This does not apply to claims for injury to life, body or health, for intent or gross negligence, under the German Product Liability Act, under a guarantee or for fraudulent concealment of a defect.
§ 7 Responsibility of the Host, indemnification
(1) The Host bears the duty to keep the premises safe (Verkehrssicherungspflicht) for the rooms they make available, including the access routes.
(2) The Host is liable to the Organiser under Sections 280 et seq. of the German Civil Code (BGB) for damage caused by a culpable breach of their duties under this agreement.
(3) If a third party, in particular a participant, a flatmate, a neighbour or the Host’s landlord, makes a claim against the Organiser because of a circumstance which originates in the Host’s sphere of responsibility and for which the Host is responsible, the Host indemnifies the Organiser against these claims insofar as they are justified or the Organiser satisfies or settles them after coordination with the Host (paragraph 5). The Host bears the reasonable costs of legal defence insofar as the claim is based on a circumstance for which the Host is responsible. A circumstance from the Host’s sphere of responsibility exists in particular if the Host has culpably breached their duties under § 4 or has breached § 3 intentionally or through gross negligence. If the Organiser contributed to the cause, Section 254 BGB applies accordingly.
(4) The indemnification under paragraph 3 does not apply insofar as the third party’s claim is based on a breach of duty by the Organiser, its legal representatives or vicarious agents.
(5) The Organiser informs the Host without undue delay if a third party asserts claims under paragraph 3 and gives the Host the opportunity to comment. The Organiser does not acknowledge such claims without coordinating with the Host and does not enter into a settlement without the Host’s consent, insofar as this is reasonable for the Organiser.
(6) If the Host is a member of the Organiser and, by hosting the course, performs a task assigned to them under the Organiser’s articles of association, Section 31b BGB remains unaffected; paragraphs 2 and 3 apply to the Host in that case only in cases of intent and gross negligence.
§ 8 Damage in the home
(1) Damage caused by a participant in the Host’s home must be compensated by that participant. The Organiser is liable for such damage only in accordance with § 6.
(2) The Host reports damage to the Organiser in text form, if possible within seven days after the event, and documents it, where possible, with photographs. The report is not a condition for claims of the Host against the Organiser or against the participant who caused the damage; it serves to clarify the facts. A late report may make it more difficult to identify who caused the damage.
(3) On request, the Organiser tells the Host the name and contact details of the participant who, according to the Host’s comprehensible account, is alleged to have caused the damage. The Organiser is not obliged to carry out its own investigations, to settle the damage or to collect payment.
§ 9 Early end of the event, cancellation
(1) The Host may cancel hosting the course in their home at any time; the Host informs the Organiser of this without undue delay so that it can re-plan. Whether and on what terms the team continues to participate and what happens to the participation fee are governed by the Terms of Participation.
(2) The Host may end the event in their home at any time if its continuation cannot reasonably be expected of them, in particular in cases of violence, damage to property or significant disruption. The Host informs the Organiser without undue delay so that it can make other arrangements for the participants concerned.
(3) The Organiser may cancel the allocation if, after the allocation, it becomes aware of facts which indicate a concrete danger to the life, health or property of the participants, or if the Host’s entitlement under § 3 does not exist. In this case, the Organiser reimburses the Host’s proven reasonable expenses unless the Host is responsible for the reason. § 6 remains unaffected. If the team cannot participate without the home, its participation and the participation fee are governed by the Terms of Participation.
§ 10 Data protection
(1) The Organiser passes the Host’s address and a means of contact to the participants allocated to the Host, insofar as this is necessary to hold the event; the legal basis is Art. 6(1)(b) GDPR.
(2) The Organiser passes participants’ information on allergies, intolerances and preferences to the Host only insofar as the participants have expressly consented (Art. 9(2)(a) GDPR). The Host uses this information solely to prepare the food and deletes it after the event.
(3) The disclosure under § 8(3) is based on Art. 6(1)(f) GDPR. The participants are informed of this in Section 5.5 of the privacy policy.
(4) Otherwise, the Organiser’s privacy policy applies.
§ 11 Final provisions
(1) Amendments and additions to these terms require text form.
(2) If any provision is or becomes invalid, the remaining provisions remain valid; the statutory provisions replace the invalid provision.
(3) German law applies. Mandatory consumer protection provisions of the state in which the Host has their habitual residence remain unaffected. The statutory places of jurisdiction apply to actions against the Host.
(4) These terms are also made available in an English translation. In the event of any discrepancy between the two versions, the German version prevails.