Terms & Conditions
Terms and Conditions for Wonder Coworking(Project of AMAPOLA GmbH)
§ 1. General
(1) The following terms and conditions apply to all services of AMAPOLA GmbH and its projects AMAPOLA Coworking and Wonder Coworking, which they provide to their contractual partners. In the following, AMAPOLA Coworking and Wonder Coworking are summarized as AMAPOLA or AMAPOLA GmbH.
(2) The offer is aimed at both private customers and business customers.
(3) This contractual relationship applies personally to the contractual partner and can not be transferred. An assignment of the rights or other disposition over the rights of the customer from the contract is excluded. In particular, the customer is prohibited from lending the keys or other access authorizations made available to him or leaving it to third parties for use. Sub-letting is prohibited.
§ 2 Description of services
(1) The subject of the offers and services of AMAPOLA GmbH are office workplaces and event areas in open-plan offices and the temporary use of the meeting rooms. Furthermore, an office infrastructure is made available. Community, Networking & Business Events are as well as Business addresses also part of the services offered by AMAPOLA GmbH.
(2) The workstations are equipped with: table, chair, electricity and internet access.
(3) Depending on the selected type of contract, the possibility of use is limited to a specific type of use and / or specific time. With flexible workplace tariffs, no guarantee can be given for the availability of vacant workplaces at any time. The offered services and prices can be adjusted at any time by the provider. A booked day is basically considered fully used as soon as the customer is checked in on the respective calendar day. This applies regardless of the number of remaining hours of this calendar day.
§ 3 Use of workplaces and business address / inadmissible behavior
(1) Access to the AMAPOLA Coworking Space is only available to users of all flexible rates during general opening hours. For users with a permanent workstation who have also booked a key, access is possible 24/7. It is forbidden for all users outside the opening hours to take third parties into the premises of AMAPOLA. Guilty late payment entitles AMAPOLA to discontinue the service and thus deny access until the backlog is settled.
(2) The workstations may only be used by the customer for the designated operation and the stated purpose. A breach of this provision entitles the provider to termination without notice.
(3) The use of the offer of the AMAPOLA GmbH for illegal purposes is inadmissible. In particular, the business premises, the address and the data management may not be used to transmit or forward unlawful or offensive content, materials or publications of this nature or for any unlawful, fraudulent or dishonorable purposes, or constitute a criminal offense or result in civil liability. This includes in particular the copyright restrictions. Copying, distributing or downloading copyrighted material is strictly prohibited. In the event of a culpable breach of the above obligations,which leads to a damage of AMAPOLA, the customer has to compensate AMAPOLA for this damage and to exempt it from claims of third parties.
(4) The user is obliged not to use the services in a way that causes damage to, destruction of, overloading or other uselessness of the provided infrastructure or causes disruption of the same to other users. The provider reserves the right to refer customers in the case of immoral, offensive or generally harmful business conduct of the house.
(5) The customer is prohibited from carrying out business activities that compete with the business activities of AMAPOLA.
(6) Bringing pets is not allowed.
(7) The customer has to take care of other customers. In particular, disturbing noise and odor should be avoided.
(8) Smoking is prohibited throughout Coworking Space.
(9) AMAPOLA provides the customer with technical equipment and furnishings. The technical equipment and the furnishings must be handled with care. Any improper use is prohibited. Any damage will be charged to the customer.
(10) The customer may not make any structural changes. Furthermore, the customer may not own coffee machines, kettles, microwaves or similar. in the center. He is liable for all damages incurred in connection with the changes made by him.
(11) AMAPOLA is entitled at any time to carry out appropriate cosmetic repairs or renovations in the Coworking Space with reasonable notice, provided the Customer's business is not materially affected.
(12) The customer is prohibited after the end of the contract any use of the business address. If the customer violates this obligation, he shall be obliged to pay damages in the amount of the contractually agreed remuneration until the use of the business address and any components thereof ends. The time of termination must be proven by the customer.
(13) AMAPOLA reserves the right to fully occupy the Coworking Space for internal purposes and to use it for other events.
§ 4 Conclusion of contract
1) With the booking by the customer, a contract with AMAPOLA GmbH is concluded according to the tariff chosen by the customer.
(2) The contract is concluded in writing or via the online booking procedure on the homepages www.amapola-coworking.de or www.wonder-coworking.de. However, in the case of the online booking procedure, the application can only be submitted if the user has accepted the terms and conditions and thereby included in his application. By booking, the user assures that the data provided is complete and true. The user undertakes to immediately notify the change of his personal data. Possibly. costs incurred and / or damages for a failure shall be borne by the customer. AMAPOLA will confirm the booking by post or email to the customer.
(3) The customer may only carry out his business activities in connection with the services of AMAPOLA under the company specified in the contract. An exercise under another company or another name is - even if the persons performing the same are not allowed.
§ 6 contract period / termination
(1) This contract shall be valid for the period specified therein and shall be automatically renewed for the period currently specified. Permanent contracts are automatically extended by at leasta full month. The contractual relationship is valid until terminated by the customer or AMAPOLA. Decisive for all periods is the last day of the month in which they would expire.
(2) Terminations must be made in writing.
(3) Both parties may terminate the contractual relationship by the contractually stipulated deadline or at the end of an extension without stating reasons up to four weeks before expiry. In the case of open-ended contracts, a notice period of 14 days to the end of the month applies in the first month. From the second month then the regular period of 4 weeks to the end of the month applies. Decisive for the effectiveness of the termination is the receipt at AMAPOLA and not the time of shipment.
(4) Contracts may be terminated by AMAPOLA without notice, with immediate effect, if there is cause for extraordinary termination. The reasons for an immediate, extraordinary termination are:
At least two weeks' delay in payment, failure to pay an agreed security in time, serious violations of the house rules and / or these terms and conditions, the use of business premises and other services for criminal and immoral business purposes, the assignment of the workplace or the work provided to him Keys to third parties, subletting, the opening of insolvency proceedings over the assets of the customer or a judicial settlement procedure, the gross violation of contractual loyalty and secondary obligations and comparable breaches of contract.
(5) AMAPOLA is entitled in the case of termination without notice to prohibit the customer from entering the coworking space. The legal regulations on the landlord lien apply. These provisions apply to timely termination after expiry of the notice periods accordingly.
(6) AMAPOLA shall be entitled to withhold unpaid contributions from the customer in the event of a termination without notice, and to claim damages if necessary.
§ 7 Tariffs and payment methods / deposit
(1) All prices of AMAPOLA are net prices plus the applicable value added tax and refer only to the specified services. Additional services are to be remunerated separately. In each case, the separately stated tariffs / prices apply on www.amapola-coworking.de or in the AMAPOLA Coworking Space itself.
(2) Payment of the invoice can be made by the following means of payment: direct debit, credit cards (MasterCard, American Express, VISA). Cash payments are not possible.
(3) The payment of the first invoice is due immediately upon conclusion of the contract. All further invoices are payable without deductions within 14 days from the invoice date. The receipt of payment is decisive.
(4) AMAPOLA is entitled to send invoices and other correspondence by e-mail to the customer.
(5) In the event of late payment, AMAPOLA's performance obligations and their liability shall be suspended without the customer having been released from payment for the contract period or from the contract at all. Default interest is payable by the customer in the amount of the statutory interest rate. The obligation to pay default interest does not exclude the assertion of further damages due to default.
(6) For the non-payment of direct debits or the subsequent redemption of credits, the parties agree a lump-sum compensation of 15 EUR per case. The assertion of a higher damage is not excluded by this.
(7) For the provision of a key or transponder to the Center, in order to make a 24/7 use possible by the customer, a deposit of 50 € per key or transponder will be charged. For the renting of a locker or lockable office cupboard / rollcontainer the deposit is 30 € each. The deposit is due immediately after conclusion of the contract.
§ 8 Liability
1) The user has thoroughly inspected the workplaces before concluding the contract and recognized them as functional. He noted that the workplaces are located in an open-plan office and the workplaces provided are not separately lockable. He waives because of his known condition on any claims under § § 536, 536 a BGB. Reduction claims do not exist in this respect. The customer acknowledges that the workstation used by him, including all furnishings, is in contractual condition before the start of use. AMAPOLA does not guarantee the condition of the respective workplace to the customer upon delivery and for the duration of use.
(2) AMAPOLA accepts no liability for the infringement of third-party property rights in relation to the work of customers, as well as the transmission of data and data carriers by the customer. The customer is responsible for the fact that all competition law, copyright, trademark, data law or other legal violations in the context of the contractual relationship with AMAPOLA are omitted.
(3) AMAPOLA shall only be liable for damages suffered by the customer as a result of grossly negligent or intentional breach of duty on the part of AMAPOLA or its legal representatives or vicarious agents. The liability for indirect damages and consequential damages, in particular for loss of profit or compensation for damages of third parties, is excluded.
(4) AMAPOLA is not liable for interruptions of the agreed services due to exceptional circumstances such as strike, lockout, force majeure or technical malpractice. Likewise, AMAPOLA shall not be liable for delays in the transmission of communications as a result of the fault of the Post or other transmitting agents over which AMAPOLA has no control.
(5) Items that the customer brings into the premises of AMAPOLA are not insured by AMAPOLA. The customer is liable for loss or damage himself.
(6) The customer is obligated to report any damage for which he wants to indemnify AMAPOLA immediately after becoming known in writing.
(7) Competition protection for the customer is excluded.
§ 9 Termination of the contractual relationship
(1) The customer shall treat the objects provided to him in the usage contract properly and with care and leave them after completion of the contract in defect-free, usable condition. Damage to this must be fully compensated by the customer.
(2) The customer undertakes to return all keys or transponders to AMAPOLA.
(3) Items left after termination of the use relationship will be removed from the premises of AMAPOLA after one week at the expense of the customer and stored.
§ 10 Final Provisions
(1) General terms and conditions of the customer do not apply, even if the inclusion was not explicitly contradicted.
(2) AMAPOLA reserves the right to change the terms and conditions at any time without giving reasons, unless this is not reasonable for the customer. AMAPOLA will notify the customer in good time about changes to the GTC. If the customer does not contradict within 2 weeks, the changed terms and conditions apply as accepted by the customer.
3) Should one of the clauses of these general terms and conditions be ineffective, this does not affect the effectiveness of the remaining clauses. In this case, the parties agree to replace the invalid clause with an effective clause that most closely reflects the parties' interests as expressed in these terms and conditions.
(4) Contract language is German. Other languages can only be seen as a translation tool.
(5) The law of the Federal Republic of Germany applies.
(6) The place of jurisdiction is the domicile of AMAPOLA GmbH in Berlin.
Status of the GTC: 23.07.2018