General terms and conditions
§ 1 General
(1) The following general terms and conditions apply to all services AMAPOLA GmbH provides to its contractual partners.
(2) The offer is aimed both at private customers and entrepreneurs.
(3) This contractual relationship applies personally to the contractual party and cannot be transferred. An assignment of rights or another disposition of the rights of the customer from the contract is excluded. In particular, the customer is prohibited from lending the provided access keys or other access permissions or from giving them to third parties for use. Subletting is prohibited.
§ 2 Service description of booking conditions
(1) The subject matter of AMAPOLA GmbH’s offers and services is the provision of office workplaces in open plan offices and meeting and event rooms. An office infrastructure is also provided. Business addresses are also among the services offered by AMAPOLA GmbH.
(2) The workplaces are equipped with a table, chair, electricity, and Internet access.
(3) Depending on the contract type, the possible use will be limited to a particular type of use and/or for a limited period. With flexible workplace rates no guarantee can be given that vacant workplaces will be available at all times.
The services and prices offered can be adjusted by the provider at any time. A booked day is generally considered fully utilised once the customer has checked in for the respective calendar day. This applies regardless of the number of remaining hours for that calendar day.
(4) When booking the spaces for events, a cancellation fee of 60% of the agreed room price will be due given cancellation up to 7 days before the agreed date, given a cancellation up to 3 days in advance a fee of 80% of the room price, and from 3 days before a booking a cancellation fee of 100% of the room price will be due.
§ 3 Usage of workplaces and business addresses / Unacceptable behaviour
(1) Access to the AMAPOLA Coworking Space is only possible for users at all flexible rates during the general opening times. Users with a fixed workplace who have also booked a key will have 24/7 access. The Culpable default of payment entitles AMAPOLA to adjust the service and thus to deny access until the balance is settled.
(2) The workplace may only be used by the customer for the designated operation and the stated purpose. A breach of this provision entitles the provider to terminate without notice.
(3) Use of AMAPOLA GmbH’s offer for illegal purposes is prohibited. In particular, the business premises, the address, and the data cable cannot be used for transmitting or forwarding unlawful or offensive content, materials, or for publications of this kind, be used for unlawful, fraudulent, or dishonest purposes, and cannot constitute an offence or result in a civil law liability. This especially includes the copyright restrictions. Copying, distributing, or downloading copyrighted material is strictly prohibited. If there is a culpable violation of the above obligations, leading to damages for AMAPOLA, the customer must compensate AMAPOLA for those damages and indemnify it against third party claims.
(4) The user is obliged not to use the services in a way that leads to damage, destruction, congestion or other inadequacy with regard to the provided infrastructure, or to an interference of it for other users. The provider reserves the right to expel customers in case of behaviour that is immoral, indecent, or damaging to the company’s general business.
(4) The customer is not permitted to engage in activities which are in competition with AMAPOLA’s business.
(5) Pets are not permitted.
(6) The customer must take other customers into consideration. Particularly disturbing noise and odour are to be avoided.
(7) Smoking is prohibited throughout the Coworking Space.
(8) AMAPOLA provides the customer with technical equipment and furnishings. The technical equipment and furnishings must be handled with care. Any improper use is forbidden. Any damage will be charged to the customer.
(10) The customer may not make any structural changes. The customer also may not connect their own coffee machine, kettle, microwave, etc. to the Center. The customer is liable for all damages incurred in connection with changes it makes.
(11) AMAPOLA is entitled to undertake appropriate cosmetic repairs or renovations in the Coworking Space, with a reasonable notice period, provided that the customer’s business operations are not significantly affected.
(12) The customer is prohibited from any use of the business address after the contract expires. If the customer violates this obligation, it is obliged to pay compensation in the amount of the contractually agreed sum for the payment of damages, until use of the business address and any components has ended. The date of termination must be verified by the customer.
(13) AMAPOLA reserves the right to completely occupy the Coworking Space for internal purposes, and to use it for events of other kinds.
§ 4 Contract conclusion
(1) With the customer’s booking, a contract is concluded with AMAPOLA GmbH in accordance with the rate chosen by the customer.
(2) The contract is concluded in writing or via the online booking process on the homepage www.amapola-coworking.de. However, with the online booking process, the request can only be transmitted if the user accepts the general terms and conditions, thereby including them in its request. By booking the user warrants that the provided data is complete and truthful. The user warrants to provide prompt notification if there is a change to this personal data. Possibly incurred costs and/or damages in the event of omission will be borne by the customer. AMAPOLA will provide the customer with confirmation of the booking via post or email.
(3) The customer may only engage in its activities in connection with the services of AMAPOLA under the company specified in the contract. Engagement in activities under a different company or a different name – even if the persons so engaged are identical – is not permitted.
§ 5 Duration of contract / termination
(1) This contract is valid for the period specified in it and will then be automatically extended by the currently specified period until terminated by the customer or by AMAPOLA. Decisive for all periods is the respective last day of the month in which it would expire.
(2) Terminations must be made in writing.
(3) Both parties can cancel the contract for the contractually agreed deadline or at the end of an extension without giving reasons up to four weeks before the end. Decisive for the effectiveness of the termination is its receipt by AMAPOLA and not the time of sending.
(4) Contracts may be cancelled by AMAPOLA without notice with immediate effect if a reason for an extraordinary termination exists. The following are reasons for extraordinary termination without notice:
At least two weeks late twice with payments, delayed payment of an agreed security deposit, significant violations of the house rules and/or of these GTCs, the use of business premises and other services for criminal and immoral business purposes, the provision of the workplace or the supplied key to third parties, subletting, opening of insolvency proceedings against the assets of the customer or judicial settlement proceedings, gross breach of contractual fiduciary and secondary obligations, and similar breaches.
(5) In the event of termination without notice AMAPOLA is entitled to forbid the customer access to the Coworking Space. The legal provisions regarding the lessor’s right of lien apply. These provisions apply for termination without notice after the termination notice periods.
(6) In the event of extraordinary termination without notice AMAPOLA has the right to retain amounts that have been prepaid by the customer, and if necessary to assert a claim for damages.
§ 6 Rates and payment options / deposit
(1) All AMAPOLA prices are net prices plus the applicable statutory VAT, and only refer to the specified services. Any additional support services are charged for separately. In this case, the respective separately stated rates/prices on www.amapola-coworking.de or in the AMAPOLA Coworking Space apply.
(2) Payment of the invoice can be made using the following payment options: direct debit, credit cards (MasterCard, American Express, VISA). Cash payments are not possible.
(3) Payment of the initial invoice is payable immediately upon conclusion of the contract. All other invoices are payable without deduction within 14 days from the invoice date. Receipt of payment is decisive in this regard.
(4) AMAPOLA is entitled to send invoices and other correspondence to the customer by email.
(5) In the event of default on payment, AMAPOLA’s liability for service obligations is suspended, without the customer being exempted from payment for the contract period, or without at all being released from the contract. Default interest shall be payable by the customer in the amount of the legally standard interest rate. The obligation to pay default interest does not exclude assertion of further damages caused by the delay.
(6) In the event of non-payment of direct debits or subsequent withdrawal of credits, the parties agree on a flat-rate compensation of 15 euros per instance. The Assertion of a claim for higher damages is not excluded thereby.
(7) A deposit of € 50 per key or transponder will be charged for providing a key or transponder to the Center for the customer’s 24/7 usage. The deposit is € 30 for renting a locker or lockable office cabinet/roll container. The deposit is due immediately after the conclusion of the contract.
§ 7 Liability
1) The user has inspected the workplaces in detail before contract conclusion and has acknowledged them as operational. The user has noted that the workplaces are located in an open plan office and that the provided workplaces cannot be separately closed. The user dispenses with any claims based on the known condition as per §§ 536, 536 a BGB (German Civil Code). Therefore reduction claims do not apply. The customer acknowledges that the workplace it is using, including all furnishings, is in the contractual condition before the start of use. Upon handover, AMAPOLA undertakes no warranty towards the customer for the condition of the workplace and for the duration of use.
(2) AMAPOLA accepts no liability for infringement of third party protection rights in relation to the customer’s work, nor for the transfer of data and data carriers by the customer. The customer is responsible for ensuring that all competition, copyright, trademark, legal data rights or other legal infringements are refrained from in the context of the contractual relationship with AMAPOLA.
(3) AMAPOLA is only liable for those damages suffered by the customer due to gross negligence or wilful misconduct on the part AMAPOLA or its legal representatives or agents. Liability for indirect damages and consequential damages, in particular, loss of profit or compensation for third party damages, is excluded.
(4) AMAPOLA is not liable for interruptions of agreed services due to extraordinary circumstances, such as strikes, lockouts, force majeure, or technical shortcomings. Likewise, AMAPOLA is not liable for delays in the transmission of messages due to the fault of the post office or other delivery stations on which AMAPOLA has no influence.
(5) Articles which are brought onto AMAPOLA’s premises by the customer are not insured by AMAPOLA. The customer is solely liable for loss or damage.
(6) The customer is obliged to immediately provide notification in writing of every damage event for which it intends to make AMAPOLA liable.
(7) Protection against competition for the customer is excluded.
§ 8 Termination of the service relationship
(1) The customer must handle all articles provided to it in the user contract appropriately and with care, and must leave them in defect-free, usable condition upon the end of the contract. Any damages thereto must be fully compensated by the customer.
(2) The customer agrees to return all keys or transponders to AMAPOLA.
(3) Articles that have been left behind after termination of the user contract relationship will be removed from the premises and stored by AMAPOLA after one week at the customer’s expense.
§ 9 Final provisions
(1) The customer’s general terms and conditions do not apply, even if their inclusion has not been expressly opposed.
(2) AMAPOLA reserves the right to change the GTCs at any time without giving reasons unless this is unreasonable for the customer. AMAPOLA will promptly notify the customer of any changes to the GTCs. If the customer does not contest this within two weeks, the amended GTCs will be deemed as accepted by the customer.
(3) Should any clause of these general terms and conditions be invalid, this shall not affect the validity of the remaining clauses. In this case, the parties undertake to agree to replace the invalid clause with a valid provision that comes closest to expressing the parties’ interests within these general terms and conditions.
(4) The language of the contract is German. Other languages are only to be considered as the convenience of translation.
(5) This contract is governed by the law of the Federal Republic of Germany.
(6) The court of jurisdiction is AMAPOLA GmbH’s headquarters in Berlin.
Status of the GTCs: 27.05.2016