General Terms and Conditions of smartvillage GmbH and smart Roka GmbH

§1 General

  1. The following General Terms and Conditions apply to all services provided by smart RoKa GmbH and smartvillage GmbH (hereinafter referred to as “smartvillage“) to its users / contractual partners (hereinafter referred to as “customer“).
  2. The offer is aimed at both private customers and companies.
  3. The workshop rooms may only be used by the customer for the designated operation and the specified purpose. A violation of this provision entitles smartvillage to terminate the contract without notice.

§2 Description of services

The object of the offer and services of smartvillage is the rental of meeting, event-, office- and workshop areas. Other services include, where contractually agreed, the provision of infrastructure; this includes WLAN, beamer and other presentation material as well as cleaning.

 

§3 Conditions of access

  1. Unless discussed otherwise, the opening hours of the smartvillage are Monday to Friday from 9:00 to 18:00.  Unless otherwise agreed, the smartvillage is closed on weekends and public holidays.
  2. In the case of room rentals, the duration of the event shall be the period specified in the contract. The opening / closing of the rooms takes place, unless otherwise agreed, half an hour before / after the start of the rental.

§4 Conclusion of contract

  1. With (electronic) acceptance of the offer, the contract between the customer and smartvillage is concluded in accordance with the services selected by the customer.
  2. By signing, the customer assures that the data provided is complete and true. The customer undertakes to notify the change of his personal data immediately.

§5 Tariffs and terms of payment

  1. All smartvillage prices are net prices plus the applicable statutory value added tax.
  2. Invoices are payable without deduction within 14 days of the invoice date, but no later than 30 days before the start of the event. From the occurrence of default, smartvillage is entitled to claim the statutory default interest. Furthermore, smartvillage may demand a flat-rate reminder fee of € 40.00 per reminder, provided that the contractual partner is a commercial customer.
  3. The final settlement takes place after return / eviction of the subject matter of the contract according to the actual use and any additional services incurred / provided during the rental period, but at least according to the scope specified in the contract. There is no right to a reduction of the contract sum due to a lower use than the contractually agreed use by the customer.
  4. In the case of room use outside the contractually agreed time, each hour or part thereof will be charged as a full hour, unless otherwise agreed.
  5. The duration and prices for the use of the premises are determined exclusively after the order confirmation from smartvillage. If fixed prices are mentioned in the order confirmation and if there are more than four months between the conclusion of the contract and the provision of services, smartvillage is entitled, due to the current inflation situation, to make price changes on the basis of the consumer price index as a measure of inflation according to the following proviso (performance reservation clause): If the consumer price index for Germany published by the Federal Statistical Office changes compared to that for the index published in the month of conclusion of the contract by at least 5% at the time the service is provided, either party may demand an adjustment of the agreed prices. The benchmark for the price adjustment should be the change in the index, insofar as this is equitable.
  6. Payments must be made cashless at no cost to the payee.
  7. When signing (accepting) an offer for an agreed remuneration of more than € 10,000 (net), 30 % of the total offer amount is automatically due. This amount is payable regardless of the cancellation policy and is non-refundable.
  8. smartvillage reserves the right to charge customers who are (i) natural persons or (ii) companies that are not resident in the EU, regardless of the amount of the agreed remuneration, a deposit of at least 50 % up to 100 % of the agreed remuneration when signing the offer. This amount is non-refundable.

§6 Number of participants

In the event of a deviating number of participants to the offer, the client undertakes to inform smartvillage of this in writing no later than 13 working days before the event. This information is considered to be a guaranteed part of the contract and will be taken into account in the final invoice.

 

§7 Technical equipment

Before or at the conclusion of the rental agreement, but no later than 13 working days before the start of the rental period, the tenant must inform smartvillage GmbH of the technical requirements of the event in text form. If the tenant does not comply with this obligation, smartvillage GmbH cannot guarantee that the necessary technical equipment for the event can be provided.

 

§8 Deposit and cancellation conditions

The cancellation conditions are as follows:

        • For events with an agreed remuneration up to and including € 10,000 (net) total revenue. In case of cancellation of the event by the customer:
          • up to 60 days before the agreed start of the event, the customer does not pay any remuneration;
          • up to 30 days before the agreed start of the event, the customer pays 50% of the agreed remuneration;
          • up to 14 days before the agreed start of the event, the customer pays 70% of the agreed remuneration;
          • In case of a later cancellation, the entire remuneration will be charged.
        • For events with an agreed remuneration up to and including € 20,000 (net) total turnover, a deposit of 30% of the total turnover must be paid. This amount is non-refundable. In case of cancellation of the event by the customer:
          • up to 91 days (= 13 weeks) before the agreed start of the event, the customer pays 30% of the agreed remuneration (minus deposit already paid);
          • up to 42 days (= 6 weeks) before the agreed start of the event, the customer pays 50% of the agreed remuneration;
          • up to 28 days (= 4 weeks) before the agreed start of the event, the customer pays 70% of the agreed remuneration
          • In case of a later cancellation, the entire remuneration will be charged.
        • For events with an agreed remuneration up to and including € 50,000 (net) total turnover, a deposit of 30% of the total turnover must be paid. This amount is non-refundable. In case of cancellation of the event by the customer:
          • up to 91 days (= 13 weeks) before the agreed start of the event, the customer pays 30% of the agreed remuneration (minus deposit already paid);
          • up to 42 days (= 6 weeks) before the agreed start of the event, the customer pays 50% of the agreed remuneration (minus deposit already paid);
          • up to 28 days (= 4 weeks) before the agreed start of the event, the customer pays 70% of the agreed remuneration (minus deposit already paid);
          • In the event of a later cancellation, the customer pays 100% of the agreed remuneration (minus any deposit already paid).
        • For events with an agreed remuneration of more than € 50,000 (net) total turnover, a deposit of 30% of the total turnover must be paid. This amount is non-refundable. In case of cancellation of the event by the customer:
          • up to 112 days (= 16 weeks) before the agreed start of the event, the customer pays 30% of the agreed remuneration (minus deposit already paid);
          • up to 56 days (= 8 weeks) before the agreed start of the event, the customer pays 50% of the agreed remuneration (minus deposit already paid);
          • up to 42 days (= 6 weeks) before the agreed start of the event, the customer pays 70% of the agreed remuneration (minus any deposit already paid);
          • In the event of a later cancellation, the customer pays 100% of the agreed remuneration (minus any deposit already paid).

 

§9 Right of withdrawal on the part of smartvillage

smartvillage is entitled at any time to withdraw from the contract with immediate effect if invoices (e.g. the down payment) are not paid or are not paid on time. In the event of withdrawal by smartvillage, the Customer shall be obliged to pay the proportion of the agreed remuneration (see §8).

 

§10 Contract execution

  1. Subletting to third parties is excluded.
  2. Customers and its visitors shall not attempt unauthorized access to the infrastructure through hacking or similar methods.
  3. The customer confirms that he will not use the services and infrastructure of smartvillage for any of the following activities: a. use in connection with sweepstakes, MLM (pyramid schemes), chain letters, spam e-mail, or any other type of unsolicited messages or advertising (both private and business); b. defamation, abuse, harassment, stalking, threat or other violation of legal provisions (such as protection of privacy, personal rights) of persons or companies inside and outside the coworking space; c. dissemination of immoral, offensive or other unlawful material or data within or via the infrastructure provided by smartvillage; d. distribution or provision of data containing images, photographs, software or other material subject to laws for the protection of intellectual property (e.g. trademark law), unless  the customer is the rights holder or has the right to distribute; e. distribution of data containing viruses, trojan horses, worms, bots or other malicious software; f. illegal download of copyrighted data; g. obstructing or deterring others, users of access and use of smartvillage services and infrastructure;

§11 Warranty and liability

  1. The customer has inspected the area in detail before concluding the contract. He assures that he will not derive any reduction rights or claims for damages from any impairment of the building, unless smartvillage has caused these intentionally or through gross negligence.
  2. In all cases in which smartvillage is obliged to pay damages or reimbursement of expenses in the course of business on the basis of contractual or statutory claims, smartvillage shall only be liable if smartvillage, its executive employees or vicarious agents are guilty of intent, gross negligence or injury to life, limb or health. This does not affect liability for the culpable breach of essential contractual obligations and guarantees. However, liability is limited to the foreseeable, contract-typical damage. Liability for consequential damages, in particular for loss of profit or compensation for damages of third parties, is excluded, unless smartvillage is guilty of intent or gross negligence.
  3. smartvillage assumes no liability for the infringement of third-party property rights regarding the work of the customer’s event visitors (hereinafter referred to as “users”), as well as for the transmission of data and data carriers by users. The customer is responsible for ensuring that all competition, copyright, trademark, data, or other legal violations by users within the scope of the contractual relationship with smartvillage are avoided. If smartvillage becomes aware of such legal violations, the contractual relationship will be terminated immediately. In the event of a violation of the law, the Customer shall indemnify smartvillage against any claims of third parties. The Customer shall reimburse smartvillage for the costs of legal proceedings in the amount of the statutory lawyer’s fees if claims are made against smartvillage by third parties because of an infringement.

§12 Insurance

smartvillage is insured in its business activities. However, there is no insurance cover for personal belongings of the users or the customer. For this purpose, it is recommended to take out suitable personal insurance.

 

§13 Termination of the user relationship

  1. The Customer must ensure that users treat the rooms and furnishing with care and leave them in the smartvillage in a contractual, defect-free, and usable condition after termination of use. Damage to this or lost furnishings must be compensated to smartvillage in full by the customer.
  2. The Customer must return all keys and key cards issued to the Users to smartvillage immediately at the end of the contract period.

§14 Amendment of the GTC

The smartvillage reserves the right to change these GTC at any time. The change will be communicated to the customer immediately. If the customer does not object to the amendment of the GTC within 14 days after receipt of the notification of change, the amended GTC shall be deemed accepted.

 

§15 Final provisions

  1. Verbal collateral agreements do not exist. All ancillary agreements must be made in writing.
  2. The law of the Federal Republic of Germany shall apply.
  3. The place of jurisdiction is the registered office of smartvillage in Munich.
  4. Should individual provisions be invalid in whole or in part, or lose their legal validity later, this shall not affect the validity of the remaining terms and conditions. In this case, the parties undertake to replace the invalid provision with an effective provision which, as far as legally possible, comes closest to the interests of the parties expressed in these terms and conditions. The same applies if any additions become necessary.

§16 Corona regulations:

We will consistently not grant access to visitors and participants with contact to COVID-19 cases or other notifiable diseases in the last 14 days, as well as persons with non-specific general symptoms and respiratory symptoms of any severity.

 

Status of terms and conditions: 01.03.2023

smart RoKa GmbH Munich, Rosenkavalierplatz 14, 81925 Munich

smartvillage GmbH, Ganghoferstraße 68, 80339 Munich