General Terms and Conditions
1. Application Areas of these General Terms and Conditions
1.1 The following General Terms and Conditions apply to all performances carried out by BEEHIVE GmbH & Co. KG, Steinstraße 7, c/o alstria office REIT-AG, D - 20095 Hamburg, Germany (hereafter referred to as „BEEHIVE“) towards their customers („Members“) in connection with using the office space („Spaces“) made available by BEEHIVE.
1.2 The regulations of these General Terms and Conditions give priority to the description of performances and prices („Service-Offers“) as laid down by BEEHIVE on the internet site www.BEEHIVE.work and/or on the respective mobile apps provided by BEEHIVE („BEEHIVE Portal“) at the time of contract signing. Additionally, BEEHIVE’s house rules “BE NICE” apply as announced in the Spaces.
1.3 Member’s terms and conditions that contradict our General Terms and Conditions require the explicit written approval by BEEHIVE to become valid. These General Terms and Conditions also apply in a situation, where BEEHIVE - being fully aware of the Member’s deviating regulations or those to the contrary - executes its performances without restrictions towards the Member.
1.4 The Service-Offers are exclusively directed towards natural persons, who are merchants in the sense of § 14 of the German Civil Code. A merchant is a person who acts in a commercial or self-employed professional manner when signing a legal business.
1.5 The membership is granted to the Member personally. A transfer of membership is excluded.
2. Subject Matters of the Service-Offers of beehive
2.1 BEEHIVE operates Spaces in various cities in Germany, which can be utilised by the BEEHIVE Members according to the conditions set out in these General Terms and Conditions and the relevant Service-Offer as requested.
2.2 A list of Spaces can be called up on the BEEHIVE Portal. BEEHIVE reserves the right to change the Spaces at any time, i.e., to close individual Spaces or reopen new ones and/or change the room offers within the existing floor spaces of the Spaces.
2.3 Subject matter of the performances of BEEHIVE is - depending on the Service-Offer ordered -
- the availability of a work place at a hot desk in open spaces, accessible to all Members; (Service-Offer: BEE OPEN),
- providing closed – individual- resp. multi-persons rooms in the Spaces (Service-Offer: BEE PRIVATE);
- providing meeting rooms in the Spaces, as well as
- providing services in the Spaces in connection with the above, as described in detail in these General Terms and Conditions.
2.4 BEEHIVE explicitly points out that the Spaces are equipped differently and that in particular not each Space offers individual- resp. multi-person rooms.
2.5 The Members may use the Spaces as working areas only. If an alteration of use such as e.g. carrying out events is required, this must explicitly be approved by BEEHIVE.
2.6 BEEHIVE offers various services that can be ordered under the Service-Offers „BEE OPEN“ and „BEE PRIVATE“. Additionally, BEEHIVE offers the promotional cost free membership “BEE FREE” (for three consecutive days). BEEHIVE may offer further promotional Service-Offers from time to time subject to these General Terms and Conditions.
2.7 Subject matter of the Service-Offer ”BEE OPEN“ comprises the following services, available as far as the service fee according to Item 4 has been paid and which are available during the relevant period of use as per Item 5:
- Access to all BEEHIVE coworking Spaces in Germany;
- Free access to and use of the WiFi connections made available by BEEHIVE at the Spaces;
- When available, free use of the lockers made available by BEEHIVE at the Spaces;
- When available, free, adequate use of printers made available by BEEHIVE at the Spaces; the availability of paper is not guaranteed.
- Free use of the meeting rooms at the Spaces, as far as available. Members with a monthly membership will receive a number of meeting room credits which are valid during their subscription that allow them to reserve a meeting room for a certain period of time. The amount of credits to be received and the details can be read in the offer on the BEEHIVE Portal, valid at the time of signing a monthly membership. Meeting room credits for meeting rooms can also be acquired on the website. The number of meeting room credits required to book a meeting room may vary and will be displayed at the time of booking.
- The possibility to invite non-Members to the meeting rooms exclusively through the BEEHIVE Portal, or any other BEEHIVE medium that might be available in the future, as guests to the meeting rooms provided they have been invited via the BEEHIVE account (cf. item 3.2). Under these requirements the invited guests receive an access code to the lobby as well as a personal WiFi code.
All the services described above are only available on a first come, first served-basis. In particular, there is no guaranty that a specific space will be available for a specific user.
2.8 Subject matter of the “BEE PRIVATE“ Service-Offer are all services of the “BEE OPEN“ Service-Offer and additionally the following services that have been paid for with the service fee according to Item 4, which can be used during the relevant time according to Item 5:
- Using individual resp. multi-person rooms in a Space during the overall period of use.
The possibility to invite co-workers into the individual resp. multi-person rooms exclusively through the BEEHIVE Portal, or any other BEEHIVE medium that might be available in the future, provided that they have accepted these General Terms and Conditions beforehand and will register as a Member; payment of the relevant service fee will then be made by the person who placed the order.
2.9 The Member is entitled at any time to order the additional services of the “BEE OPEN” Service-Offer during the period of utilising the “BEE PRIVATE” Service-Offer. In this case the daily budget registered by the “BEE OPEN” Service-Offer can, at the request of the user, rest during the period of using the “BEE PRIVATE“ Service-Offer and can be taken up again once the „BEE PRIVATE“ Service-Offer has run out. The Member’s obligation to pay the service fee for the “BEE OPEN” Service-Offer remains unaffected.
2.10 When booking of a meeting room by use of meeting room credits, the Member has the right to use the meeting room for the booked period of time. After expiration of the booked time period the meeting room is to be kept free to enable other members’ punctual use. The meeting room Service-Offer includes:
- Option to invite non-members as guests to the meeting rooms via the BEEHIVE Portal, or any other BEEHIVE medium that might be available in the future, provided that these guests have been invited via the BEEHIVE account (cf. item 3.2) in advance.
- Free use of screens for presentations (subject to availability).
The meeting room Service-Offer does not include any catering services, drinks or other services which are not described in this section.
3. Setting-up a Member Account and Ordering the Service-Offers
3.1 Applying for a BEEHIVE membership as well as ordering any BEEHIVE Service-Offers is carried out online via the BEEHIVE Portal.
3.3 Subsequently the user - either as first-time user or as an already registered Member - is able to select a BEEHIVE Service-Offer and to place an order.
3.4 Via the button “Go to Payment” the Member places an order of the selected Service-Offer for the selected period of use.
3.5 This is followed by BEEHIVE sending the Member a confirmation of receipt by e-mail, where the Member’s order is displayed once again. The confirmation of receipt represents the acceptance of the offer. To the extent the Member facilitates payment for the selected Service-Offer immediately upon the order via the BEEHIVE Portal, the provision of the payment option represents the acceptance of the offer.
3.6 In order to enter the Space, the user shall use an access code provided in the process of registration and an RFID-card available at the Spaces, which will grant access to the Spaces in connection with the data of the Member account. The procedure is explained at each and every Space, please also see Item 6.
3.7 During the registration process the user is requested to choose a password for all further access to his Member account. The Member must keep the password secret at all times. BEEHIVE will not pass the password on to third persons.
3.8 The data required for setting up a Member account and also when placing an order must always be complete and correct. Should any of the data change once the Member account has been set up, the Member is obliged to inform BEEHIVE at once about this change or to change these directly on his Member account.
3.9 One individual person may only register for one membership. BEEHIVE reserves the right to delete or to deactivate accounts of users who own more than one membership.
3.10 Upon the first order of Service-Offers, the Member will also be provided with a WiFi login code for the Spaces via the BEEHIVE Portal. The login code may be changed from time to time by BEEHIVE. The login code can be used for all the Spaces and for three devices connected simultaneously per Member under the conditions as laid down in Item 7. The login code must be kept secret by the Member at all times. BEEHIVE reserves the right to modify the WiFi login-code at any time.
4. Service Fee
4.1 The fee to be paid to BEEHIVE for ordering any Service-Offer (service fee) depends on the selected Service-Offer and the period of use chosen upon ordering.
4.2 The BEEHIVE price list valid at the time of the order is referred to. It can be called up on the BEEHIVE Portal.
4.3 All beehive prices are understood net, plus the relevant applicable legal value added tax.
4.4 The service fee is paid by credit card (MasterCard, American Express, VISA or SEPA debit process, while the latter one can only be used for the Service-Offer BEE PRIVATE. If the Member possesses a voucher issued by BEEHIVE, payment of the service fee is possible by entering the voucher code.
4.5 BEEHIVE will charge the Member the full service fee for the overall period of use starting from the time of order and not at the beginning of the period of use, in case this takes place later. The service fee is due for payment immediately without any deduction.
4.6 A reimbursement of a service fee is excluded. The obligation to pay the service fee is linked to the order and thus independent from the extent of how the Spaces are actually used by a Member.
5. Period of Use
5.1 Upon order the Member selects the relevant period of use. Offers are made based on a daily-, weekly-, and monthly basis,. Periods of use cannot be aggregated in advance.
5.2 The Member can indicate in the order on which day the period of use is to start. Thus the period of use does not have to start simultaneously to the placing of an order.
5.3 When booking on a daily basis the period of use expires with the calendar day (12 p.m.) of the start of the period of use. In case of an order on a weekly basis, the period of use expires with the end of the seventh calendar day (12 p.m.), counted from the start of the period of use. In case of a booking on a monthly basis the period of using the Space expires on the thirties calendar day (12 p.m.) counted from the start of the period of use. The regulation on resting booked days in case of a rebooking according to above Item 2.9 remains unaffected. By booking a meeting room, the access to the coworking Spaces is guaranteed just as by booking a day ticket subject to the limitation that the meeting room will only be reserved for the chosen time period.
5.4 BEEHIVE’s commitment ends automatically with the expiry of the period of use; there is no automatic extension. The Member is, however, entitled to place further orders at any time.
5.5 A regular cancellation of the ordered Service-Offer before time is excluded. The right, however, of both parties to terminate for cause due to an important reason remains unaffected. In particular, BEEHIVE is entitled to terminate for cause without notice if the Member has violated the rights of BEEHIVE to a considerable extent by considerably endangering the Spaces or the inventory by neglecting his/her due care or by leaving the Space to a third party without authorization. If BEEHIVE terminates the contract due to a culpable breach by the Member, the Member shall compensate BEEHIVE for any resulting damages. The Member shall particularly be liable for the damages suffered by BEEHIVE due to the fact that the Spaces remain unused during the period of use originally booked by the Member or that the Spaces can only be rented out to other Members resulting in lower service costs obtained by BEEHIVE.
5.6 The membership runs for an indefinite time and can be terminated by each party without having to give a reason. Already booked BEEHIVE Service-Offers having been placed at the time of ending the membership remain unaffected. Termination of the membership by the Member can only be facilitated via the BEEHIVE Portal.
5.7 Each order can be cancelled free of charge until 11:59 p.m. at the day before the beginning of the period of use.
6. Access and Use of Spaces
6.1 Access to the Spaces during the relevant ordered period of use is granted basically 24 hours per day on 365 days per year.
6.2 By having selected the “BEE PRIVATE” Service-Offer or the Service Offer for a meeting room, the Member is entitled to use the selected individual resp. multi-person rooms in the selected Space during the overall period of use. In all other cases, the Member’s right of access as well as using the provided installations are offered with the reservation that working places, meeting rooms and other facilities are available at the relevant Spaces; if necessary in cases of unavailability the Member will have to use another Space in the vicinity.
6.3 BEEHIVE reserves the right to use the Spaces incl. individual and multi-person rooms for private events. BEEHIVE also reserves the right to carry out renovating-, modernisation-, and maintenance measures which become necessary to remove any damage or which serve to maintain and improve the Spaces. The same applies to carrying out cleaning work. The Member accepts that during such events resp. work the relevant Spaces only have a restricted access and/or the use of the facilities offered there may be restricted.
6.4 An RFID-card is used to gain access to the Spaces, which the Member will collect from the lobby of a Space by inputting his password on his first visit; the lobby itself can be unlocked by an access code received during the process of registration.
6.5 The issued RFID card remains valid during the overall period of the Member’s membership that is also beyond a specific order of certain Service-Offers (Spaces can only be accessed when a Service-Offer is currently subscribed).
6.6 If the RFID card is lost the Member must deactivate it immediately. There are two options for deactivation: To generate a new card in one of the BEEHIVE lobbies or by informing BEEHIVE through the contact form. BEEHIVE reserves the right to charge the Member with the costs of reissuance. There is no need to return the RFID card upon ending the membership. In such a case the RFID card is deactivated by BEEHIVE.
6.7 The Member is not permitted to lend out his RFID card, nor transfer it or pass it on to third persons for any specific use. The member is responsible for any damage done by any unauthorized third party accessing the Space using the Member's card.
6.8 In as far as the Member wanting to invite non-Members as guests within the scope of using the meeting rooms, the guests can have a one-off access code issued via the BEEHIVE Portal with which they can gain access to the lobby of the selected Space. The guest will then be met in the lobby by the Members and taken to the meeting rooms personally.
6.9 The Member is obliged to treat the Spaces‘ facilities with care in the sense of the house rules “BEE NICE” of BEEHIVE and to exit these ready to be re-used and in a clean condition after leaving. The Member is obligated to treat the Spaces and inventory carefully and to give a report immediately in case of any damages. The Member shall be liable for any damages beyond adequate wear and tear during the period of use caused by him/her and/or any third party using the Space or inventory at the instigation of the Member. The member is responsible for an accurate appearance of the Spaces.
6.10 The Member is not permitted to carry out renovating- or installation work or to change the furniture of the individual and multi-persons rooms and requires BEEHIVE’s explicit approval. In case BEEHIVE approves the changes within the Spaces the Member will bear all costs thus incurred.
6.11 During the first stay in a space, the member is obligated to inform himself about the existing escape and rescue plan.
6.12 The Member is obligated to always keep free the emergency exits according to the escape plans which can be found in the Spaces.
6.13 The Member is not allowed to connect own devices in the Spaces (e.g. coffee machines, ovens, microwaves, boilers or similar devices). This excludes office devices (e.g. printers, scanners or other devices which are necessary for productive office work). The Member is responsible for the controlling, maintenance, repair and/or security of own office devices, BEEHIVE assumes no responsibility and/or liability insofar.
7. Use of the WiFi access in the Spaces
7.1 BEEHIVE provides the Member with free access to WiFi connections in the Spaces. The following conditions must be observed when using the WiFi access.
7.2 BEEHIVE assumes no guarantees as to the availability or performance of the WiFi connections and/or specific websites. BEEHIVE reserves the right to block access to certain websites if they are illegal or can promote inappropriate use.
7.3 The transmission of data between the WiFi connections and the user's device is not encrypted. As a result, unauthorized third-party access to the data transmitted via the WiFi connections cannot be ruled out. The Member is responsible for the security configuration of its software, so that the data transmission is protected from access by third parties. Appropriate security software (e.g. VPN software) should be used when transmitting sensitive data.
7.4 Any use of the WiFi connections leads to documentation and archiving of the Member's IP address, MAC address, date and duration of use, so that BEEHIVE is in the position to prove which Member used the WiFi connections when necessary.
7.5 Illegal downloads and other activities which jeopardize the security and performance of the network are prohibited. The Member shall observe national and international copyright, trademark and patent laws as well as naming and industrial property rights and personality rights of third parties.
7.6 Via the WiFi connections, the Member shall not disseminate any content that is illegal or in violation of accepted moral standards. This shall include, in particular, information that, as defined in Sec. 130, 130a and 131 of the German Criminal Code (StGB), incites hatred and violence against segments of the population, gives rise to criminal offenses, or glorifies or trivializes violence, is sexually offensive, is pornographic within the meaning of Sec. 184 StGB, is apt to seriously endanger the moral welfare of children or juveniles or to affect their general welfare. The provisions of the Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media (JMStv) and the Youth Protection Act (JuSchG) shall be complied with.
7.7 The unsolicited sending of messages or information to third parties for advertising purposes (spam), the unauthorized retrieval of information and data, the access of data networks without proper authorization and the transfer of executable routines (e.g. spyware, dialers, etc.) over the WiFi connections are prohibited.
7.8 The Member shall be responsible to BEEHIVE and third parties for the content he retrieves, posts or distributes in any manner over the WiFi connections. The content itself shall not be subject to any examination by BEEHIVE.
7.9 The Member is obliged to keep BEEHIVE indemnified against all claims by third parties that are based on the illegal use of the WiFi connections by the Member or that arise, in particular, from litigation based on the Member's use of the WiFi connections. This indemnification obligation also extends to costs and expenditures for legal defence. If the Member realizes or can be expected to realize that a violation of the terms under this Item 7 is about to occur, he shall notify BEEHIVE without undue delay.
7.10 The member can connect a maximum of 3 devices via the personal WiFi code.
8. Data Protection
8.1 BEEHIVE observes the legal prerequisites on the data protection.
9.1 BEEHIVE’s liability for compensation is restricted in compliance with this Item 9, irrespective on what legal grounds, especially due to an impossibility, default, faulty or wrong delivery, contract violation, violating obligations during contract negotiations and impermissible action in as far as this is based on a fault.
9.2 BEEHIVE is not liable in the event of an ordinary negligence of its organs, legal representatives, employees or other vicarious agents, as long as it does not concern violating contractual obligations. Those obligations are considered as per contract that concern the making available BEEHIVE’s services in time, and for those to be free of defects which may influence the usability significantly, as well as the obligation to advice, protect and care, which is to enable the Member to use the BEEHIVE services as per contract, the protection of the Member’s life and limb or with the purpose of protection his property from being considerably damaged.
9.3 In as far as BEEHIVE is liable for compensation in compliance with Item 9.2, this liability is restricted to such damage, which BEEHIVE has foreseen as a possible consequence of a contract violation at the time of order placing or which they should have foreseen by applying the usual due diligence. Collateral damage and consequential damage, which occurred due to BEEHIVE’s deficiency in performances will only be replaced in as far as such damage can be typically expected, provided BEEHIVE’s services are used as intended.
9.4 The afore-mentioned liability disclaimer and - restrictions apply to an equal extent in favour of BEEHIVE’s organs, legal representatives, employees and other vicarious agents.
9.5 The restrictions of this Item 8 do not apply to BEEHIVE’s liability in case of wilful conduct, guaranteed features of procurement, injuring life, body or health or in respect of the product liability law.
9.6 The Member himself is responsible to secure rented individual and team rooms (BEE PRIVATES), lockers, drawers and such sufficiently. BEEHIVE is not liable for objects that have been removed. There is also no liability for any coats on coat racks.
9.7 BEEHIVE is not liable for force majeure- and other events for which BEEHIVE is not responsible. Force majeure events in particular include strike, lock-outs, adverse weather conditions as well as internet- and communication network failures, for which BEEHIVE is not responsible.
10. Amending beehive’s Service-Offers
10.1 BEEHIVE is entitled at any time to change the content of the services offered, the quoted prices, and these Terms and Conditions as well as other contract conditions in compliance with Item 10.2 below. In such a case BEEHIVE will publish the amended services, prices and/or contractual conditions on the BEEHIVE Portal.
10.2 All such amendments do not apply to already running orders of a Member. These amendments only become effective for the relevant Member with a subsequent order following the publication of amendments on the BEEHIVE Portal.
11. Final Regulations
11.1 Place of jurisdiction for any possible disputes resulting from the business relationship between BEEHIVE and a Member is Hamburg. Mandatory legal regulations concerning exclusive jurisdiction remain unaffected by this regulation.
11.2 The relationship between BEEHIVE and the Member is subject to the exclusive law of the Federal Republic of Germany.
11.3 In as far as the contract or these General Terms and Conditions contain loopholes, those legally effective regulations are considered to be agreed to replace loopholes, which the contract partners would have agreed on according to the economic objective of the contract and the purpose of these General Terms and Conditions, if they had known about these loopholes.
Latest issue of General Terms and Conditions: 30.01.2019
General Terms and Conditions for Event Areas
1.1 The following general terms and conditions (“GTC”) shall apply to services of BEEHIVE GmbH & Co. KG, Steinstrasse 7, c/o alstria office REIT-AG, D-20095 Hamburg, Germany (“BEEHIVE”) in connection with events organized by the user, such as conferences, seminars, meetings, exhibitions, and presentations (the “Events”) at the office premises furnished by BEEHIVE (“Spaces”).
1.2 The event services shall be rendered by BEEHIVE to commercial users exclusively (entrepreneurs as contemplated by § 14 of the German Civil Code).
2. Subject matter of the Agreement
2.1 BEEHIVE shall grant the user the opportunity to use the Spaces and the inventory located therein for Events within the contractually stipulated scope. It shall be possible for the equipment – as stipulated in the given case – to encompass the respective Space, including the technical infrastructure, with Wi-Fi, printer, scanner, mobile monitor, or projector (if booked), as well as any meeting rooms, telephone booths, lounge area, and kitchen. It shall be possible to convert partial areas of the Spaces into event areas.
2.2 The specific scope of use and equipment of a Space for Events shall follow from the respective offer made by BEEHIVE to each user individually on a case-by-case basis. Apart therefrom, BEEHIVE shall not provide any other services and/or offers; in particular, as a general rule no catering service is offered.
2.3 The specific scope of use and equipment of a Space for Events shall follow from the respective offer made by BEEHIVE to each user individually on a case-by-case basis. Apart therefrom, BEEHIVE shall not provide any other services and/or offers; in particular, as a general rule no catering service is offered.
3. Entering into the Agreement
3.1 BEEHIVE shall send an individual offer to the user via email. This offer must be countersigned by the user and returned to BEEHIVE via email in the form of a scan by no later than three days after receipt of the offer (acceptance of the offer). By accepting the offer, the user shall be bindingly obligated to the use and to the payment of the usage fee.
3.2 The user shall disclose the purpose of the Event in a truthful manner. BEEHIVE shall reserve the right to exclude certain types of and/or contents of Events, including, but not limited to, Events having content that is politically and/or religiously motivated or that may damage BEEHIVE’s reputation. BEEHIVE shall be able to refuse Events without stating any reasons.
4. Terms and conditions of use, duties of user
4.1 It shall not be permitted to sublease or to further lease the Spaces.
4.2 Exceeding the number of event guests assumed in the course of the offer shall not be allowed in the absence of BEEHIVE’s written consent.
4.3 The user shall comply with the contractually stipulated closing times of the Event. If any deviations occur, then BEEHIVE shall be able to invoice the additional service, unless BEEHIVE is at fault for the deviations.
4.4 Any conversions of and installations in the Spaces by the user shall not be permitted and shall require BEEHIVE’S written consent. If BEEHIVE consents to any changes to the Spaces, then the user shall have to bear all costs arising therefrom, including any required removal work.
4.5 The user shall treat the Spaces, including any general areas, and the inventory in them with due care. The user shall have to report any damage to BEEHIVE without undue delay. The user shall be liable for any damage in excess of contractual wear and tear that is caused by the user, by the user’s vicarious agents, or by any third parties who avail themselves of the Spaces, including the general areas, at the user’s behest.
4.6 The user shall be obligated to return, after the end of the Event, the Spaces used and the inventory free from defects and in a usable condition. All objects brought by the user shall be removed by the user and the condition existing at the time the Spaces were handed over to the user shall be restored. BEEHIVE shall remove, at the user’s expense, any undue traces of use and damage.
4.7 The user shall be independently responsible for waste disposal following the Event. Any garbage left behind shall be removed by BEEHIVE at the user’s expense, and the expense for such invoiced to the user. BEEHIVE shall be permitted to place any items left behind in storage at the user’s expense. After fourteen days, BEEHIVE shall have the right to utilize the objects at the user’s expense or to dispose of them.
4.8 The user shall have to ensure that, during the Event, no members of BEEHIVE and other users of the Spaces are restricted or disrupted. If the user’s conduct or that of its guests results in any disrupted or complaints, then BEEHIVE will issue vouchers as compensation to its members. BEEHIVE reserves the right to bill the user for the resulting damages. This shall apply mutatis mutandis if usability of the Spaces is reduced after the Event in a manner contrary to the provisions of these GTC.
4.9 To the extent that the user wishes to use BEEHIVE brands, e.g., for the design of invitations to an Event, such shall require BEEHIVE’s written consent. This provision shall also apply to any photographs and film that are taken during the Event and contain elements indicating BEEHIVE (e.g., BEEHIVE brands).
4.10 The user shall be responsible for any items, documents, and data that it has brought along to the Spaces. Any items brought along shall also have to comply with the local rules and regulations (such as those governing fire protection, police orders, etc.). In its own interest, the user shall have to protect any item brought along, particularly valuables, as well as documents and data, from unauthorized access by third parties. Except as provided otherwise in (8.1), BEEHIVE shall not be liable for loss or theft of, or damage to, such items, documents, or data. Any items brought along by the user or its guests shall not be insured through BEEHIVE.
4.11 The user shall have to ensure that the legal requirements for conducting the Event (e.g., approvals to be obtained, registrations, payment of GEMA fees, etc.) are fulfilled and that in conducting the Event, the provisions of statute are observed. For any culpable breaches by the user, the user shall indemnify BEEHIVE against any third-party claims arising in connection therewith.
4.12 During the term of use, the user shall assume the duties to implement safety precautions in the Spaces provided. The user shall indemnify BEEHIVE against any third-party claims arising in connection with the transferred duties to implement safety precautions.
4.13 BEEHIVE’s house rules, known as “BEE NICE,” which are posted in each of the Spaces, shall apply as a supplement to these GTC.
5. Householder’s right of BEEHIVE
5.1 BEEHIVE shall provide the user with a maximum of two activated access cards for the time period of the Event. The user shall protect the provided access cards from loss, theft, and unauthorized access. It shall not be allowed to transfer the access cards or to render them accessible to any third parties, if such was not stipulated in writing with BEEHIVE beforehand. After the Event, but by no later than on the following day, the access cards shall have to be returned in accordance with BEEHIVE’s policy.
5.2 The Spaces provided, including their inventory and any other items furnished, shall be the sole property of BEEHIVE or of its affiliated companies.
6. Payment terms
6.1 To the extent nothing in deviation therefrom is stipulated with the user in writing, 50% of the total price shall be due three days after acceptance of the offer (“Advance Payment”). The remaining 50% of the total price shall be due without deduction ten days after receipt of the billing statement concerned. The billing statement shall be issued after the Event has been conducted
6.2 To the extent that BEEHIVE has the right to charge any costs to the user in accordance with these GTC, these will fall due without deduction ten days after receipt of the billing statement concerned.
6.3 BEEHIVE shall not demand any collateral from the user.
6.4 The user shall be able to charge against payment claims of BEEHIVE only if the user’s setoff claim is undisputed or has been judicially determined. The same shall apply to any exercise by the user of a retention right. The user shall have the right to reduce the usage fee only if the reason for and the amount of the reduction is undisputed in its reason and amount or if it has been judicially determined.
7.1 If the Advance Payment is not made even after the elapsing of a reasonable grace period set by BEEHIVE, then BEEHIVE shall have the right to withdraw from the Agreement. Furthermore, BEEHIVE shall have the right to withdraw from the Agreement for an objectively justified reason, including, but not limited to, if:
- force majeure or any other circumstances for which BEEHIVE is not at fault render fulfillment of the Agreement impossible;
- any Events are booked with misleading or false statements or with concealment of material facts; ‘material’ in this context can be (i) the identity or solvency of the user or (ii) the occasion of the Event;
- BEEHIVE has justified grounds for assuming that the Events may endanger the smooth business operation, security, or reputation of BEEHIVE among the public, without such being ascribable to BEEHIVE’s sphere of influence or organization;
- the purpose or occasion of the Event turns out to be illegal, or
- any breach of these GTC is present or is to be feared.
The justified withdrawal of BEEHIVE shall not establish any claim of the user for damages. In the event of any successful withdrawal, as a general rule BEEHIVE shall return to the user any Advance Payment already rendered; however, any claims for damages shall be reserved to BEEHIVE.
7.2 Any withdrawal of the user from the Agreement entered into by BEEHIVE shall be possible only (i) if a withdrawal right was stipulated in writing in the individual case, (ii) if there exists another statutory withdrawal right, or (iii) if BEEHIVE consents in writing in the individual case.
7.3 Any cancellation of the Event by the user shall be possible until two days prior to commencement of the Event. Cancellation shall have to be effected in writing. In the event of cancellation, the user shall have to pay a cancellation fee totaling of 50% of the usage fee. If the Advance Payment corresponding to the cancellation fee has not yet been rendered, then the cancellation fee shall be due without deduction ten days after cancellation. If the booking is cancelled thirty days or more prior to the Event, then the cancellation fee shall be reduced to 25% of the usage fee. If the Advance Payment was already made, then BEEHIVE shall accordingly reimburse 25% of the usage fee to the user.
7.4 If the Event is cancelled without timely cancellation for reasons under the user’s influence or organization, and if the cancellation is not covered by a withdrawal right in accordance with (7.2), then the remaining amount (the other 50% of the usage fee) shall be due without deduction ten days after receipt of the corresponding billing statement.
7.5 If the Event is cancelled for reasons under BEEHIVE’s influence or organization, and if the cancellation is not covered by a withdrawal right in accordance with (7.1), then the remaining amount shall not fall due and BEEHIVE shall reimburse the Advance Payment already rendered.
8. Warranty/ liability
8.1 BEEHIVE shall be liable for damage for which it is culpable arising injury to life, limb, or health. Furthermore, BEEHIVE shall be liable for any other damage due to willful or grossly negligent breaches of duty by BEEHIVE or due to willful or negligent breach of contractually typical duties. Any further compensatory damages claims shall be precluded.
8.2 If any disruptions or deficiencies in BEEHIVE’s services BEEHIVE occur, then BEEHIVE shall strive, upon knowledge or reporting by the user, endeavor to remedy these without undue delay. The user shall be obligated to contribute an effort reasonable for it in order to remediate the fault or defect and to keep potential damages as low as possible. The user shall be obligated to inform BEEHIVE in a timely manner about the possibility of the occurrence of any not insignificant damage.
9. Final provisions
9.1 Venue for any disputes arising from the business relationship between BEEHIVE and the user shall be Hamburg, Germany. This provision shall be without prejudice to any compulsory statutory provisions governing exclusive venue.
9.2 The business relationship between BEEHIVE and the user shall be subject to the law of the Federal Republic of Germany exclusively.
9.3 Any ancillary agreements, any amendments or restatements, or any rescission of this Agreement or of these GTC, shall have to be stipulated in writing. The same shall apply mutatis mutandis to any assurances, consents, or waivers, as well as to settlements of any nature. The written-form requirement shall not be waivable by spoken agreement.
9.4 Terms and conditions of the user that are contradictory to these GTC shall have no applicability in the absence of express written confirmation by BEEHIVE. These GTC shall apply even if BEEHIVE carries out services for the user without reservation notwithstanding knowledge of the user’s contrary or deviating terms and conditions.
9.5 To the extent that the Agreement or these GTC contain any loopholes in their provisions, there shall be deemed as stipulated for the purpose of closing said loopholes such legally effective provisions to which the contracting partners would have stipulated pursuant to the economic objectives of this Agreement and of these GTC, had the contracting partners been aware of said loopholes in the provisions.
Status of the GTC: 30 January 2019