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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 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 utilized 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 in the communal offices of the Spaces, accessible to all Members; 
-    providing closed individual- resp. multi-persons rooms in the Spaces; 
-    providing open and closed 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 option “Bee Free” as a one-off option to use the Service-Offer „Bee Open“ at no costs as on a test basis. 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 the co-working areas of the beehive 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 reasonable use of printers made available by beehive at the Spaces; Paper availability is not part of the beehive offering.
-    Free use of the meeting rooms at the Spaces, as far as available. Members with a monthly membership will receive a number of 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. Credit for the meeting room can also be acquired on the website. The number of credit needed to book a meeting room can vary from time to time and is displayed at the time of the booking.
-    The possibility to invite non-Members 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 announced beforehand in order to be allocated the relevant passwords for accessing the Spaces. 
-    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 Private” Service-Offer during the period of utilizing the “Bee Open” 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 a meeting room using credits (the “Meeting Room” service-offer, either acquired, or provided as part of another service offer), the user is entitled to use the meeting room for the time for which it has been book. The meeting room should be vacated at the end of the booking period in order to allow the next customer to access the room on time.  The Meeting Room Service-Offer includes:

 - The possibility to invite non-Members 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 announced beforehand in order to be allocated the relevant passwords for accessing the Spaces.

- When available the possibility to use the screens in the room for presentation.

The Meeting Room Service-Offer do not offer any catering services, drinks, or any other service which is not described in this paragraph.

 


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. 

3.2    The beehive Portal offers the user the possibility to register as a Member and to set up a Member account. Registration requires the user to accept these General Terms and Conditions as well as the Privacy Policy provided at 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 “Order” 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  Only one Membership is allowed per person. Beehive reserve the right to delete or disactivate accounts of users using more than one Membership.

3.10    Upon it first subscription to a Service Offer registration, 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 reserve the right to modify the wifi login code of the user at anytime.


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). If the Member possesses a voucher issued by beehive, payment of the service fee is possible by entering the voucher number. 

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, irrespective of the Service-Offer. 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 2.10 remains unaffected. When booking a meeting room, the access is granted to the space on the same basis than for a daily booking, but the meeting room is only secured for the period for which it was booked.

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 cancel due to an important reason remains unaffected. 

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. 


6.    Access and Use of Spaces 


6.1    Subject to the terms of this agreement, the  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 “Meeting Room” Service-Offer, 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. beehive offers the Member the possibility to obtain information concerning the occupancy rate of the Spaces online via the beehive Portal. 

6.4    An RFID-card is used to gain access to the Spaces, which the Member will collect from the reception area of a Space by inputting his password on his first visit; the entrance area 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 using the beehive Portal ( This feature is not currently available. Please  create a new card. The old one will be deactivated automatically.)

. The Member is entitled to collect a new RFID card from the reception area of a Space by inputting his password on his next visit. 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 password issued via the beehive Portal with which they can gain access to the entrance area of the selected Space. The guest will then be met in the entrance area 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 and to exit these ready to be re-used and in a clean condition after leaving.

6.10    The Member is not permitted to carry out renovating- or installation work in the Spaces and requires beehive’s explicit approval. In case beehive approves the changes within the Spaces the Member will bear all costs thus incurred. 

 

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.

8.    Data Protection


8.1    beehive observes the legal prerequisites on the data protection. 

8.2    The user agrees that the required resp. disclosed person-related data is saved and processed when the Member’s account is set up, orders are placed and within the scope of executing the contract. 

8.3    For details about the processing of person-related data as well as the Member’s rights, please refer to the Data Protection Declaration on the beehive Portal.


9.    Liability


9.1    beehive’s liability for compensation is restricted in compliance with this Item 8, 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 8.2, 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 single 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 9.2 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: 14.03.2018