TERMS

1. Scope of application and provider

1.1. These General Terms and Conditions apply to all bookings and to the use of the coworking, workspace, business lounge and other premises offered under the LOCOWO Freiburg brand, as well as to the services connected with them.

Provider and contracting party is:

– hereinafter referred to as the “Provider” –

1.2. The offers of LOCOWO Freiburg are addressed both to consumers within the meaning of § 13 of the German Civil Code (BGB) and to entrepreneurs within the meaning of § 14 BGB, unless stated otherwise for the respective offer.

1.3. Deviating terms and conditions of the User do not become part of the contract unless the Provider expressly agrees to their application.

2. Subject matter of the services

2.1. LOCOWO Freiburg offers Users the use, limited in time, of workspaces, coworking areas, business lounge areas and, where applicable, further rooms and facilities.

2.2. The nature and scope of the service owed in each case follow from the description of the booked offer in the booking system.

2.3. Unless expressly agreed otherwise, a booking does not establish a claim to a particular workspace or seat. The Provider is entitled to assign the User another equivalent workspace or area, insofar as this is reasonable for the User.

2.4. The premises are made available exclusively for the agreed period of use and for the agreed purpose. This does not establish a tenancy for permanently let business premises.

2.5. Additional services, in particular [e.g. drinks, printing/copying services, lockers, meeting rooms or other services], are part of the booking only where this is expressly stated for the respective offer.

3. Booking and conclusion of contract

3.1. Bookings are generally made via the online booking system used by LOCOWO Freiburg.

3.2. The presentation of available workspaces, periods and other services in the booking system does not generally constitute a binding offer to conclude a contract.

3.3. The User selects the desired offer and the desired period of use and submits a binding booking by completing the booking process.

3.4. The contract is concluded upon confirmation of the booking by LOCOWO Freiburg or by the booking system used. The booking confirmation is generally sent to the email address provided by the User.

3.5. The User is obliged to provide complete and accurate information when booking.

3.6. Transferring the booking to third parties or use by other persons is permitted only with the prior consent of the Provider, unless the booked offer expressly provides for use by several persons.

4. Prices and payment

4.1. The prices shown in the booking system at the time of booking apply.

4.2. For consumers, the prices stated include the applicable statutory value added tax, where such tax is incurred.

4.3. The available payment methods are shown to the User during the booking process.

4.4. Where payment is processed via an external payment service provider, the terms of that payment service provider may apply in addition.

4.5. Unless another method of payment has been expressly agreed, the fee is due for payment upon completion of the booking.

5. Times of use and access

5.1. The User is entitled to use the booked services and premises exclusively during the booked period.

5.2. The applicable opening and access times are announced in the booking system, on the website or on site.

5.3. Where a digital or physical access key, access code, QR code or comparable means of access is provided, it may be used exclusively by the authorised User. Passing it on to third parties is not permitted.

5.4. The User must leave the premises, or vacate the booked workspace, by the end of the booked period at the latest.

5.5. Use beyond the booked period requires a corresponding extension or a further booking, where available.

6. Cancellation and rebooking

6.1. A booking may be cancelled free of charge up to more than 2 calendar days before the start of the booked period of use.

6.2. If cancellation takes place within 2 calendar days before the start of the booked period of use, 50 % of the agreed booking price is charged as cancellation costs. Payments already made are offset accordingly; any amount paid in excess of this is refunded to the User.

6.3. If the User does not appear without prior cancellation (“no-show”), the full booking price falls due.

6.4. Decisive for the time of a cancellation is its receipt via the booking system or via the cancellation channel provided by LOCOWO Freiburg.

6.5. Failure to use the booked service without timely cancellation (“no-show”) does not release the User from the obligation to pay.

6.6. Mandatory statutory rights of the User, in particular any right of withdrawal that consumers may have, remain unaffected.

7. Obligations of the User and house rules

7.1. The User undertakes to treat the premises, workspaces, furniture, technical equipment and other items with care and exclusively as intended.

7.2. The User must show consideration for other users, staff, visitors and, where applicable, adjoining business areas. In particular, avoidable noise nuisance and other significant disturbances are to be refrained from.

7.3. The User must observe the applicable house rules and reasonable instructions given by the staff.

7.4. Without the prior consent of the Provider, it is in particular not permitted:

• to let the premises or booked places to third parties;
• to make changes to rooms, furniture or technical equipment;
• to bring in dangerous, illegal or disruptive items or substances;
• to significantly impair other users or business operations;
• to use the premises for unlawful purposes.

7.5. The User is liable under the statutory provisions for damage culpably caused by them to the premises, facilities or other items of the Provider.

7.6. The User must notify the Provider without undue delay of any damage caused by them or any significant defects identified.

8. Use of internet and Wi-Fi

8.1. Where LOCOWO Freiburg provides internet or Wi-Fi access, this is an additional service unless expressly agreed otherwise.

8.2. No particular transmission speed, uninterrupted availability or suitability of the internet access for particular applications is owed, unless this has been expressly agreed.

8.3. The User is obliged to use the internet access exclusively within the framework of the applicable law. In particular, no unlawful content may be accessed, distributed or made publicly available via the internet access provided, and no rights of third parties may be infringed.

8.4. The User is responsible for the security of their own devices and data. This includes in particular appropriate security measures against malware and unauthorised access.

9. Personal belongings

9.1. The User’s personal belongings and work equipment remain within their area of responsibility.

9.2. In the absence of an expressly agreed safekeeping arrangement, the Provider assumes no duty of safekeeping for items brought onto the premises.

9.3. When leaving the workspace, or at the latest at the end of the booked period, the User must remove their personal belongings unless otherwise agreed.

10. Failure and unavailability

10.1. Should the booked service be unavailable due to a circumstance for which the Provider is responsible, the Provider may, where possible, offer the User an equivalent alternative.

10.2. If no reasonable alternative can be provided, fees already paid for the service not rendered are refunded. Further claims for damages are governed by clause 11.

10.3. In the event of temporary restrictions due to maintenance work, technical faults, force majeure or other circumstances for which the Provider is not responsible, the User has claims only in accordance with the statutory provisions.

11. Liability

11.1. The Provider is liable without limitation for damage based on intent or gross negligence on the part of the Provider, its legal representatives or vicarious agents.

11.2. In the event of a slightly negligent breach of a material contractual obligation, the Provider is liable only for the foreseeable damage typical of the contract. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely.

11.3. In all other respects, liability for damage caused by slight negligence is excluded.

11.4. The above limitations of liability do not apply to damage arising from injury to life, body or health, nor in cases of mandatory statutory liability.

11.5. For loss of the User’s data, the Provider is liable within the scope of the above provisions only insofar as the User has carried out appropriate and regular data backups and the damage would have been avoidable with proper data backup.

12. Exclusion from use

12.1. In the event of significant or repeated breaches of these Terms and Conditions, the house rules or legitimate instructions of the staff, the Provider may exclude the User from further use of the premises.

12.2. In the event of serious breaches, in particular intentional damage to property, endangerment of other persons, significant disruption of operations or unlawful use, the exclusion may take effect immediately.

12.3. Further statutory claims of the Provider remain unaffected.

13. Right of withdrawal for consumers

13.1. Consumers may have a statutory right of withdrawal in the case of a contract concluded online or off business premises. Details follow from the separate withdrawal instructions.

13.2. Where the User requests that the booked service be performed during an ongoing withdrawal period, the statutory provisions apply.

13.3. Any withdrawal instructions required, as well as a model withdrawal form, are provided to the consumer separately.

14. Storage of the contract text

14.1. Booking data is processed and stored within the framework of the statutory provisions and in accordance with the privacy policy.

14.2. The User generally receives a booking confirmation at the email address provided by them.

15. Data protection

The data protection notices of the Provider or of LOCOWO Freiburg, as amended from time to time, apply to the processing of personal data.

16. Final provisions

16.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory consumer protection provisions of the state in which the consumer has their habitual residence.

16.2. If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is – to the extent legally permissible – the registered office of the Provider.

16.3. The contract language is German.

16.4. Should individual provisions of these Terms and Conditions be or become invalid, the remaining provisions remain unaffected.