§ 1 General
(1) The following general terms and conditions for events apply to the use of conference and event facilities as well as to gastronomical and otherwise related deliveries and services (such as video and audio engineering, equipment, personnel, presentations, guided tours, etc.).
(2) The contracting parties are CoWorking & Offices Leipzig GmbH, hereinafter referred to as ‘Workflow’ and the customer booking the event, hereinafter referred to as ‘organizer’.
(3) In the following, Workflow and the organizer will be referred to collectively as the ‘contracting parties’ or individually as the ‘contracting party’.
§ 2 Origination of the event agreement
The organizer shall submit an offer with a completed agreement form, which can be accepted by Workflow in writing. There is no obligation to accept the offer.
§ 3 Services
Workflow shall provide the goods and services required to carry out events. Workflow is allowed to transfer orders to subcontractors. Furniture, technology, catering or additional staff, which are not part of the basic package provided by CoWorking & Offices Leipzig GmbH and need to be rented separately, shall be payable by the organizer or shall be charged separately to the organizer.
§ 4 Number of participants
(1) The organizer must specify the number of participants for the booking. An increase or decrease in the number of participants, i.e., the final number of participants, must be communicated to Workflow at least five working days before the start of the event.
(2) In the event that the final number of participants deviates by more than 10% or other services or the duration change, Workflow shall be entitled to adjust the agreed prices in the full amount of the deviation or to refuse to perform the service.
(3) If the number of participants is reduced by more than 10%, Workflow shall be entitled to exchange the booked premises, taking into account any potentially deviating space rental, unless this is unreasonable for the organizer.
§ 5 Prices and payment terms
(1) The remuneration is documented in the agreement. Workflow will issue the organizer an invoice for the total amount of the remuneration.
(2) Invoices from Workflow without a due date are payable without deduction within seven days after receipt of the invoice. Workflow can demand immediate payment of due claims from the organizer at any time. In case of payment default by the organizer, the statutory regulations apply.
(3) Workflow is entitled to demand a reasonable advance payment from the organizer (usually 50% of the total amount) and/or a security deposit, for example in the form of a credit card guarantee. The advance payment amount and payment dates can be agreed in writing in the agreement. If the advance payment or security deposit is not issued on time, Workflow is entitled to terminate the agreement or to refrain from providing the service.
(4) In justified cases, for example in case of outstanding payments by the organizer or broadening of the scope of the agreement, Workflow is entitled, even after conclusion of the agreement until the beginning of the event, to demand an advance payment or security deposit as outlined in the preceding paragraph or an increase of the advance payment or the security deposit agreed in the contract up to the amount of the full agreed remuneration.
(5) The organizer can only offset or charge against a claim by Workflow with an uncontested or legally enforceable claim.
§ 6 Withdrawal from the agreement of the organization (cancellation)
(1) Workflow and the organizer can agree contractually in writing that the organizer can cancel the contractual service in whole or in part within certain deadlines, without this triggering payment or claims for damages by Workflow.
(2) The organizer’s right of withdrawal expires if he does not cancel the agreement by letter, email or fax by the agreed date.
(3) In case of late cancellation or if a deadline has not been agreed in accordance with § 6 (1), Workflow shall be entitled to the following cancellation fees:
a. up to 40 days before the start of the event, a cancellation fee of 10%;
b. 39 to 30 days before the start of the event, a cancellation fee of 30%;
c. 29 to 20 days before the start of the event, a cancellation fee of 50%;
d. 19 days or less before the start of the event, a cancellation fee of 80%
of the total amount of the agreed remuneration. In the event of a partial cancellation, this tiered structure applies to the difference between the agreed remuneration and the new remuneration (total remuneration after partial cancellation).
(4) The organizer is entitled to postpone the event once, provided that Workflow has availability (place, time) and the parties have previously agreed to this. After an exercising of this right once under the aforementioned conditions, the cancellation conditions apply. Workflow shall be entitled to charge the organizer an administration fee of 5% of the net value of the agreed remuneration, if this one-time right to postponement is exercised.
§ 7 Cancellation by Workflow
(1) If it has been agreed that the organizer can withdraw from the agreement free of charge within a certain period of time, Workflow shall also be entitled to withdraw from the agreement during this period.
(2) If a down payment or security deposit agreed or demanded in accordance with § 4 (3) and/or
(4) is not made even after expiry of a reasonable grace period set by Workflow, Workflow shall also be entitled to withdraw from the agreement.
(3) Furthermore, Workflow shall be entitled to terminate the agreement if
a. force majeure or other circumstances that are not the fault of Workflow make fulfilment of the agreement impossible;
b. events or premises are culpably booked under misleading or false information or concealment of material facts; this may be due to the identity of the organizer, solvency or the purpose of use;
c. Workflow has reason to believe that the event may jeopardies the smooth operation, security or reputation of Workflow to the general public without this being attributable to the territorial or organizational area of Workflow;
d. the purpose or cause of the event is illegal.
(4) Justified cancellation by Workflow does not constitute a claim of the organizer for damages.
(5) The statutory right of withdrawal according to § 323 of the German Civil Code (BGB) et seq. remains unaffected.
§ 8 Liability
(1) Workflow is only liable for intent and gross negligence. For slight negligence, including by its vicarious agents, Workflow is only liable for breach of essential contractual obligations. Essential contractual obligations are those that enable the proper execution of the agreement and on whose fulfilment the member can rely.
(2) In cases of slight negligence, liability is limited to typically foreseeable and direct damages (e.g., not for loss of profit).
(3) The above limitation of liability does not apply in cases of injury to life, limb and health, which were caused by negligent breach of duty on the part of Workflow or a willful or negligent breach of duty by one of its legal representative or vicarious agents.
(1) The organizer is liable for all damages to the event premises, to the common areas (in particular the community kitchens), as well as to the rented furnishings and the Coworking Centre as well as the adjacent facilities, if they were caused by him, the event participants or visitors, employees, other affiliated third parties. This also applies to damages caused by guests, visitors, suppliers and craftsmen, or by other persons who are present at the Coworking Centre at the organizer’s initiative. If the organizer is an entrepreneur, he is also liable for damages, even if the damage was not his fault.
(2) In the event of disruptions or defects in the services of Workflow, Workflow will endeavor to remedy the situation as soon as it is aware of it or notified by the organizer. The organizer undertakes to make reasonable effort to remedy the disruption and minimize possible damage. Apart from that, the organizer is obliged to notify Workflow in good time about the possibility of causing exceptionally high damage.
(3) The organizer undertakes to always treat the event premises, the rented furnishings and the common areas (especially the community kitchens), property and building parts, facilities and equipment gently and cautiously. The organizer is obliged to the general courtesy towards Workflow as well as the co-users of the building.
(4) Subletting or re-letting of the provided event premises is not permitted.
§ 9 Technical equipment and connections
(1) If Workflow provides the organizer with technical devices (cameras, flat screens etc.) and other equipment, they are in a functional condition. It is the customer’s duty to inspect them before start of use. The technical objects and other furnishings must be handled with care. Any improper use is prohibited, and any damage will be charged to the organizer.
(2) Malfunctions of technical devices or other equipment provided by Workflow will be remedied immediately if possible.
Payments cannot be withheld or reduced if Workflow is not responsible for these malfunctions.
(3) If Workflow procures technical and other equipment (cameras, flat screens etc.) from third parties at the organizer’s request, Workflow acts on behalf of and for the account of the organizer.
The organizer is liable for the careful handling and proper return. He indemnifies Workflow from all claims of third parties arising from the provision of these furnishings.
(4) The use of the organizer’s own electrical systems using Workflow’s mains supply requires its approval. Malfunction or damage Workflow ‘s technical equipment caused by the use of these devices shall be billed to the organizer, as long as Workflow is not responsible for them. Electricity costs resulting from the use shall be calculated and invoiced by Workflow at a flat rate.
§ 10 Loss or damage of goods brought by the organizer
(1) The organizer may bring personal belongings to the event premises or the Coworking Centre at his own risk. Workflow assumes no liability for loss, destruction or damage, including property damage, except in case of gross negligence or intent on the part of Workflow. Damages resulting from injury to life, limb or health are excluded. In addition, all cases in which custody is a contractual obligation due to the circumstances of the individual scenario are excluded from this exemption from liability.
(2) Objects brought along must be removed immediately after the event has ended. Should the organizer fail to do so, Workflow may clear it at the organizer’s expense. If items remain in the event premises, Workflow may charge a reasonable compensation for the duration of the restricted usability of the premises.
(3) The organizer assures that the items he will bring inside the event premises or the Coworking Centre are his free property, apart from customary retention of title.
§ 11 Internet user behavior
§ 12 House rules
(1) Workflow has the right to prescribe general rules (house rules) about conduct in the workspace and the entire Coworking Centre at its reasonable discretion. The organizer is obliged to observe the house rules established by Workflow and to ensure that they are also observed by its event participants, employees, visitors, suppliers and/or by persons otherwise present at the event premises and Coworking Centre at the organizer’s initiative.
(2) The house rules are adapted to each individual location and can therefore vary depending on the location. The respective house rules can be requested at your location.
§ 13 Final provisions
(1) Place of fulfilment and jurisdiction is Leipzig.
(2) The law of the Federal Republic of Germany applies. The validity of UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
This terms and conditions declaration is currently valid and has the status of January 1st, 2022.