General Terms and Conditions of smartvillage München
- The following general terms and conditions apply to all services of the smartvillage that it provides to its users / contract partners.
- The offer is aimed at both private customers and entrepreneurs.
- The workshop rooms may be used by the user only for the designated operation and the stated purpose. A breach of this provision entitles the smartvillage to termination without notice
§2 Description of services
The subject of the offers and services of the smartvillage is the rental of meeting, event, office and workshop space. Other services include the provision of infrastructure; These include W‑LAN, beamer and other presentation material as well as the cleaning. There is no legal claim to these services.
§3 access conditions
The opening hours of the smartvillage Pavillon in Ganghoferstr. 66b are Mon — Fri from 9:00 — 18:00 clock. The smartvillage is closed on weekends and bank holidays.
§4 conclusion of contract
- By signing the sublease contract with the smartvillage, the tariffs chosen by the user will be met.
- By signing, the user assures that the given data is complete and true. The user undertakes to immediately notify the change of his personal data.
§5 tariffs and payment methods
- All prices of the smartvillage are net prices plus the applicable value added tax.
- Guests and users of the meeting and event rooms have a payment term of 14 days upon receipt of our invoice. Our cancellation policy applies.
- Non-calendar invoices are payable without deductions within 14 days of the invoice date. From the beginning of default the smartvillage is entitled to assert the statutory default interest. Furthermore, smartvillage can demand a lump-sum reminder fee of € 5.00 per reminder.
- The duration and prices for the use of the premises are determined exclusively by the order confirmation from the smartvillage. If fixed prices are stated in the order confirmation and if more than 4 months lie between the conclusion of the contract and the provision of the service, the smartvillage is entitled to make price changes. The catering can be ordered in the conference facilities and the adjacent traffic areas, only by the smartvillage. An assignment to third parties within the premises is excluded. For catering, a price will be specified in the order confirmation.
- At contract signing above a total net revenue of €10,000, 20% of the total net revenue is due to payment immediately. This payment is not refundable.
§6 Number of participants
In the event of a deviating number of participants to the offer, the client undertakes to inform smartvillage GmbH of this in writing no later than 10 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 Withdrawal from the contract
- For events with a confirmed total net revenue of €1,- to €5000,-.
- up to the 21st working day (Monday-Friday) before the agreed start of the event, the customer shall not pay any remuneration;
- up to the 11th working day before the agreed start of the event, the customer shall pay 50% of the agreed remuneration;
- up to the 6th working day before the agreed start of the event, the customer shall pay 70 % of the agreed remuneration.
- In the event of cancellation at a later date, the thotal remuneration will be charged.
- For events with a confirmed total net revenue of €5000,- to €10.000,-.
- up to the 41st working day (Monday-Friday) before the agreed start of the event, the customer shall not pay any remuneration;
- up to the 26th working day before the agreed start of the event the customer shall pay 50 % of the agreed remuneration;
- up to the 16th working day before the agreed start of the event, the customer shall pay 70 % of the agreed remuneration.
- In the event of cancellation at a later date, the total remuneration will be charged.
- For events with a confirmed total net revenue over €10,000.00,-.
- up to the 41st working day before the agreed start of the event, the customer shall pay 50% of the agreed remuneration, minus 20% of the amount already paid;
- up to the 26th working day before the agreed start of the event, the customer shall pay 70 % of the agreed remuneration, minus 20% of the amount already payed
- In the event of cancellation at a later date, the entire remuneration will be charged, minus 20% of the amount already payed
- The smartvillage will comply with the regulations on data protection according to the European Data Protection Act ( DSGVO) and other legal regulations on data protection.
- The user agrees that his personal data necessary for the performance of the contract will be stored on data carriers.
§9 contract execution
- Sub-letting to third parties is excluded.
- The user does not attempt unauthorized access to the infrastructure through hacking or similar methods.
- The user confirms that he will use the services and infrastructure of the smartvillage for none of the following activities: a. Use in connection with sweepstakes, MLM(Pyramid schemes), chain letters, spam e‑mail, or any other type of unsolicited news or advertisement (both private and business); b. Defamation, misuse, harassment, stalking, threat or other violation of law (such as privacy, personal rights) of individuals or companies inside and outside the coworking space; c. Distribution of immoral, offensive or other unlawful materials or data within or over the infrastructure provided by the smartvillage; d. Distribution or provision of data containing images, photographs, software or other material that is subject to intellectual property protection laws (eg trademark law); unless the user is the owner of the rights or has the authorization for distribution; e. Dissemination of data containing viruses, Trojans, worms, bots or other malware; f. Illegal download of copyrighted data; G. Obstructing or deterring other users from accessing and using the services and infrastructure of the smartvillage;
§10 warranty, liability
- The user has visited the area in detail before concluding the contract. He has to tolerate this work and repair work and assures that he will not derive any reduction rights or damage claims from possible damage to the building, if the smartvillage has caused this willful or grossly negligent.
- In all cases in which the smartvillage is obliged to reimbursement of damages or reimbursement of expenses due to contractual or statutory claims, smartvillage shall only be liable if it, its executives or vicarious agents are intent, gross negligence, or an injury to life, limb or body Health is a burden. This does not affect the liability for the culpable violation of essential contractual obligations and guarantees. However, the liability is limited to the foreseeable, contract-typical damage. Liability for consequential damage, in particular loss of profit or compensation for damages of third parties, is excluded, unless
The smartvillage assumes no liability for the infringement of property rights of third parties in relation to the work of users, as well as the transmission of data and data carriers by the user. The user is responsible for the fact that all competition law, copyright, trademark, data law or other legal violations are omitted in the context of the contractual relationship to the smartvillage. If the smartvillage becomes aware of such legal violations, the contractual relationship will be terminated immediately. In the event of a breach of law, the user of the smartvillage is free from any claims of third parties. The user replaces the smartvillage the costs of legal action in the amount of legal fees in case
The smartvillage is insured in its business activities. However, there is no insurance coverage for personal belongings of users. For this purpose, the conclusion of a suitable personal insurance is recommended.
§12 Termination of the user relationship
- The user has to treat the items with care and hand them over to the smartvillage after the end of the use in a contractual, defect-free and usable condition. Damage to this or lost furnishings must be fully reimbursed to the smartvillage by the user.
- The user must immediately return all keys and key cards issued to the user to the smartvillage at the end of the contract period.
§13 change of the AGB
The smartvillage reserves the right to change these terms and conditions at any time. The change will be communicated to the user immediately. If the user does not object to the change of the GTC within 14 days after receipt of the change notification, the changed GTC shall be deemed accepted.
§14 Final provisions
- Verbal collateral agreements do not exist. All ancillary agreements must be in writing.
- The law of the Federal Republic of Germany.
- The place of jurisdiction is the headquarters of the smartvillage in Munich.
- Should individual provisions be wholly or partially ineffective, 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, most closely reflects the interests of the parties expressed in these terms and conditions. The same applies in the event that any additions are necessary.
Status of the Terms and Conditions : November 2020
smartvillage Munich, Ganghoferstrasse 66b, 80339 Munich