ESPATU
Booking Conditions
For Customers & Users
1. Cancellation & Withdrawal
Initial Cancellations:
The first three cancellations per year (p.a.) made by the guest will be accepted without any charges or fees.
Subsequent Cancellations:
Starting from the fourth cancellation per year, a service fee of €5 will be charged to the booking party (guest), regardless of the notice period given.
1.1 Cancellations up to 2 Hours Prior:
A cancellation of the premises booked by the guest is possible without incurring any charges up to 2 hours before the planned utilization (opening time of the premises or specifically booked start time) for bookings with a duration of up to 24 hours. This applies provided it is the first, second, or third cancellation per year.
Cancellations within 2 Hours:
If a cancellation is made by the guest within 2 hours before the planned utilization, regardless of whether it is the first or a subsequent cancellation, the full agreed remuneration is payable as a cancellation fee, in addition to the platform fee of €5 and a 15% service fee starting from the fourth cancellation per year.
It may take up to 14 days for the refund to be processed.
1.2 The obligation to pay the aforementioned cancellation fees shall also apply in the event of non-appearance to make use of the booked services.
1.3 Cancellation is possible in accordance with the information provided during the booking process.
1.4 If a replacement customer is found in good time for the canceled service to compensate for the customer's absence, the cancellation fees shall be waived (pro rata if applicable).
1.5 A change to the booked scope of services, i.e. in particular an increase in the number of users for a booked service, is only possible after consultation and if the premises are available. A reduction in the number of users shall be deemed to be a partial cancellation and the cancellation fees specified in this clause shall apply accordingly.
1.6 The Premises Provider is entitled to withdraw from its contractual agreements with the Customer in the following cases:
a. a. The customer breaches the agreed payment obligations at least twice during the period of use of the services or in total in the amount of two agreed usage fees for booked periods (days, weeks or months) (agreed usage fees will then not be refunded);
b. b. The customer breaches material obligations arising from the agreements between the partner and the customer during the period of use of the services (agreed usage fees will then not be refunded);
c. c. Mandatory official permits are not granted or there are official prohibitions in relation to the provision of the booked services;
d. d. The customer violates official requirements in connection with his booking of the services during the period of use of the services (agreed usage fees will then not be refunded);
e. e. The customer injures or endangers other customers or users of the services or other third parties during the period of and in connection with the use of the services (agreed usage fees will then not be refunded);
f. f. The customer endangers public safety and order with his behavior during the duration and in connection with the use of the services (agreed usage fees will then not be reimbursed).
2. Duties of Customer
2.1 The customer undertakes to treat the services provided with care and to report any damage immediately. The customer shall be liable for any damage and excessive wear and tear caused by non-contractual use. The customer shall ensure that the premises used by him/her have an appropriate appearance.
2.2 The customer undertakes not to disturb or hinder other customers and users in the performance of their activities. In particular, he shall refrain from excessively loud conversations and/or telephone calls in common rooms, flex areas, or mixed offices.
2.3 The customer undertakes not to infringe copyrights and to treat as confidential any business secrets of other customers of which it becomes aware. In this respect, the customer is aware that various other customers with different levels of confidentiality with regard to business secrets and information operate within the premises. The customer is independently responsible for maintaining the confidentiality of its business documents and information.
2.4 The customer undertakes to use the services and equipment provided to him, in particular all hardware and software provided, only within the scope of the applicable law. In particular, he undertakes not to use any information protected by copyright without authorization, to pass it on to third parties or to use it in any other way outside the rights of use granted to him. The customer hereby acknowledges that it shall be liable for any claims for damages arising from a breach of this provision.
2.5 Unless otherwise agreed, the customer is not entitled to bring his own furniture and/or electronic devices into the premises. This does not apply to cell phones/smartphones, tablets, notebooks, tower PCs or monitors.
2.6 The Customer is only entitled to place its own posters (e.g. for events and job advertisements), banners, roll-ups, flyers, presentation screens or other visible advertising measures on the premises after prior notification and agreement with the Partner. Under no circumstances may these obstruct escape routes or cover glass surfaces (interior and exterior walls). The approval of advertising measures can be revoked at any time. Unless otherwise agreed with the partner, the customer is not authorised to transfer the service items and furnishings of the premises to third parties.
2.7 The services may only be used by the customer for the purpose specified in the booking process. A change of purpose is only possible with the Partner's permission.
2.8 When using the services and furnishings on the premises, the customer undertakes to
a. not to commit any criminal offenses and/or administrative offenses,
b. not to make any illegal downloads or uploads of copyrighted data,
c. not to spread any malware, viruses, Trojans, worms, bots or similar,
d. not to disseminate unsolicited advertising and/or messages, fake news, spam e-mails, chain letters, snowball systems, competitions or similar,
e. not to disseminate any inciting, insulting, immoral, pornographic or similar statements/messages,
f. not to unlawfully obtain information and/or data from other customers,
g. not to infringe any third-party property rights such as trademarks, copyrights and naming rights,
h. not to harass, insult, defraud or disparage other customers, users and third parties.
3. Warranty
3.1 The customer has thoroughly inspected the premises provided to him for suitability for his purposes before concluding the contract and accepts the services in a condition in accordance with the contract. In particular, the customer confirms the functionality of the service items provided at the time of use. If the customer has booked a workstation in the flex area, he is aware that the corresponding workstation cannot be concluded separately.
3.2 If the customer is aware of or notices a defect in the services before or upon conclusion of the contract or upon utilization, he must notify the partner of this within 3 days at the latest. If this deadline is not met, the customer shall not be entitled to any claims for damages against the Partner.
3.3 The Partner accepts no liability for damage/loss of personal items or items brought along by the customer. The customer assures that he has taken out appropriate (liability) insurance. With its services, the Partner merely provides a (technical) basis for the purposes to be realised by the customer within the limits of the purchased services. The Partner assumes no responsibility for the actions performed with the services or for the content processed with the services. All actions carried out by the Customer with the Services shall be governed exclusively by the agreements and contracts concluded by the Customer with its contractual partners, partners, employees, etc., with whom or for whom it uses and utilises the Services, or by law.
3.4 The above also applies to the use of a freely accessible WLAN. The customer shall be solely responsible for use in accordance with the contract and the law.
3.5 The Customer is fully responsible for the use of its user names and passwords with which it uses the Partner's services. The Partner points out that these may fall into the wrong hands via the Internet. Should this occur during or in connection with the use of the Partner's services, the Partner shall not be responsible for this.
Stand April 2024
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