General Terms and Conditions
COWORKING
The General Terms and Conditions (GTC) govern the contractual relationship between the customer, referred to on the invoice, and Velt Studio GmbH, Urbanstraße 71, 10967 Berlin, represented by the managing directors Stefan Rechsteiner and Patrick Rüegg, hereinafter referred to as the lessor. The GTC apply to all rental relationships, equipment rentals, photographic assignments and other services in connection with the rental photo studio and its equipment.
By transferring the rental payment, the customer confirms that he/she has read and agrees to the GTC.
1. CONTRACTUAL PARTNER
1.1 These General Terms and Conditions (GTC) govern the contractual relationship between Velt Studio GmbH, Urbanstraße 71, 10967 Berlin Kreuzberg, HRB 126505 of the Charlottenburg Local Court (hereinafter referred to as "Velt Studio GmbH") and customers of Velt Studio GmbH (hereinafter referred to as "the customers") regarding the contractual services.
2. CONCLUSION OF CONTRACT, TERMINATION
2.1 The contractual relationship between the customer and Velt Studio GmbH becomes legally binding with the transfer of the deposit or the first rental invoice. With this act, customers confirm that they have read and understood the GTC and accept them unconditionally (see section 11.1). The user relationship resulting from the conclusion of the contract is concluded for an agreed period or ends with the written termination.
2.2 There is a minimum term of 1 calendar month for the usage relationships. If the workstation is provided within one month, the rental period and minimum term shall commence at the beginning of the next calendar month.
2.3 The user relationships referred to in section 2.2 shall be extended by one (1) further month in each case after expiry of the minimum term of one (1) month, unless they are terminated in writing with 30 days' notice to the end of the minimum term or to the end of a calendar month. The notice of termination must be received by the other party no later than the last day of the period.
2.4 Both parties may terminate the contractual relationship in compliance with the deadlines specified in section 2.3 without stating reasons. All notices of termination must be in writing (e-mail to: hello@velt.studio). The termination shall only take effect upon receipt by the other party.
2.5 If customers fail to meet their contractual obligations (see sections 6 and 7), Velt Studio GmbH may terminate the user relationship for good cause with immediate effect without observing a notice period. This applies in particular to the following neglect by customers: Payment arrears of two monthly invoices, excessive room occupancy, continued harassment of other customers despite warnings, use contrary to the contract, damage to property, unauthorized transfer to third parties, theft, etc.
2.6 At the end of the usage relationship, customers must return the premises completely vacated, clean and in their original condition. Velt Studio GmbH is entitled to charge the customer for cleaning work and the disposal of items left behind.
2.7 Customers hereby declare their consent to their personal data required for the execution of the contract being stored on data carriers. All data will be treated confidentially by Velt Studio GmbH. Velt Studio GmbH shall handle the data strictly in accordance with the statutory provisions on data protection (Federal Data Protection Act).
3. ACCESS CONDITIONS, KEY
3.1 Customers will be given one (1) digital door key (badge) and, if requested, one (1) key to the courtyard (stairwell). The usage relationship is only deemed to have ended when both keys have been returned to Velt Studio GmbH. The loss of the keys must be reported to Velt Studio GmbH immediately. The customer shall be fully liable for any damage incurred up to the time of blocking. Lost keys will be blocked and the costs incurred (digital door key (badge) € 80 and courtyard key (stairwell) € 45) will be charged to the customer.
3.2 The keys guarantee access to the work areas 24 hours a day, 365 days a year. In the case of late working hours or vehicles parked in the yard, it is advisable to discuss the situation with Velt Studio GmbH in advance.
3.3 Upon receipt of the keys, customers shall be liable for unauthorized site access by third parties. The customer responsible for negligent entry shall be liable for any damage incurred, such as theft or damage to property, etc.
4. SERVICE DESCRIPTION
4.1 Velt Studio GmbH provides rooms with a total area of approx. 500 m2 of shared working space at Urbanstraße 71, 10967 Berlin.
4.2 The object of the offers and services is the provision of office workspaces, workshops, Internet use, meeting rooms, business addresses (see Section 10), technical office infrastructure (color laser printers, etc.), office furniture, coffee kitchen, seminar rooms, as well as the administration, maintenance, cleaning, internal communication and advertising of these services.
4.3 Depending on the price package selected, the possibility of use is limited to a certain type of use and/or a certain time. In the case of contracts with flexible workspaces, no guarantee can be given for the availability of free workspaces at all times. The exact services are specified in the monthly invoice and in other written agreements between the contracting parties.
4.4 The workstations are generally flexible within the designated area. However, the desks are permanently assigned and cannot be used, moved or otherwise allocated without prior agreement with Velt Studio GmbH. Subletting to third parties is not permitted.
4.5 The machines and objects in the studio/workshop are private; any use or removal without prior agreement is strictly prohibited. Any use approved by the owner is permitted after the appropriate introduction; the existing settings must be reset after use. Any defects or damage must be reported and recorded in writing.
5. CONTRACTUAL MODALITIES, DEPOSIT
5.1 The prices and the exact service description of the services offered by Velt Studio GmbH can be found in the currently valid price list. This price list can also be adjusted during an ongoing contractual relationship (see clause 11).
5.2 A customer is generally allocated one usage unit. Usage units are personal and cannot be shared. Additionally used workspace, storage space etc. are listed and charged individually. Customers are permitted to book several workstations both as individuals and as a company.
5.3 Customers who employ staff, trainees, assistants and the like are instructed to book additional usage units for these persons, which may also be of short duration. Visitors are permitted and differ from the first-mentioned persons in that they do not work for the customer, are irregularly and only temporarily present on the premises of Velt Studio GmbH.
5.4 The rental agreements of Velt Studio GmbH with GSG Immobilienverwaltung as well as the necessary operating costs shall apply as the basis for calculating the usage relationship. The operating costs for heating, electricity and water are included in the usage fee.
5.6 To secure all claims arising from the usage relationship, the customer shall pay Velt Studio GmbH a rental deposit and a deposit for the keys totaling €360. The deposit is to be paid as a cash deposit without entitlement to interest. To confirm the contract, the deposit must be transferred to the account specified in the invoice, excluding VAT, before the keys are handed over.
5.7 Repayment of the deposit is due three months after the end of the usage relationship. Customers are not permitted to "borrow" the deposit during or at the end of the usage relationship.
6. PAYMENT, INVOICE, CANCELLATION
6.1 Velt Studio GmbH shall generally invoice the customer for the usage service in advance. Any deviating credit notes or amounts owed shall be reconciled in separate invoices every six months. Outstanding services and operating costs may also be invoiced to the customer retroactively one year after termination of the usage relationship.
6.2 The fees are independent of usage and are payable upon receipt of the first invoice. Customers are not entitled to a refund, even if they are not present during the booked period (vacation).
6.3 Customers are obliged to inform Velt Studio GmbH immediately (within 14 days) of any changes; for example, if their name (family name, company name, etc.), business registration, VAT registration or deregistration, place of residence or business, billing address, bank details or a specified e-mail address changes. If the customer culpably causes financial damage to Velt Studio GmbH by disregarding this obligation, the customer shall be liable for this damage in full.
6.4 Rewriting of invoices for which the customer is responsible (e.g. correction of address, VAT, etc.) will be charged at € 35 (incl. VAT).
6.5 Invoices are sent to customers in electronic form as a PDF by email. The invoiced fees are due without deduction and must be credited to the specified account no later than 5 calendar days after the due date. The timeliness of the payment does not depend on the dispatch but on the arrival of the money. Late arrival of the payment shall lead to termination of the user relationship in the third repeat case.
7. GENERAL TERMS OF USE
7.1 Customers undertake to follow the instructions of the employees of Velt Studio GmbH and to observe the studio and workshop rules as well as the overriding house rules of GSG. Both the studio rules and the house rules of GSG are displayed in the building. Gross and/or repeated violations may entitle Velt Studio GmbH to issue a house ban and an extraordinary termination without notice; in this case, customers are not entitled to a refund of fees; outstanding fees must be paid to Velt Studio GmbH. Velt Studio GmbH reserves the right to change the studio and workshop rules such as the house rules of GSG during an ongoing contractual relationship. The current rules shall apply.
7.2 Planned events with more than 5 visitors/participants, such as tours, seminars, Christmas dinners, etc. must be notified to Velt Studio GmbH in good time and, if necessary, agreed with the customers concerned. Parties, live music and overnight stays are not permitted.
7.3 The premises must be kept clean, shared desks and workstations must be completely cleared and cleaned by the customer immediately at the end of each use. Items left behind or not labeled with the customer's name, date and telephone number may be stored or removed by Velt Studio GmbH at the customer's expense. There is no storage obligation.
7.4 Customers are not permitted to store items on the premises of Velt Studio GmbH outside the areas allocated to them (checkroom locker, desk, etc.). Storage' is also understood to mean the temporary, short-term parking or leaving of objects. Velt Studio GmbH is entitled to destroy items whose owner is not known and which are not collected on the same day.
7.5 Customers acknowledge that the building is intended for commercial use and that noise may be generated by the commercial operations and the studio. These emissions must be tolerated. Furthermore, customers note that due to the intended commercial use, the floor structure of all rental units has no impact sound insulation. Appropriate sound insulation is therefore not provided.
7.6 Velt Studio GmbH is not child-friendly or childproof. It is not permitted to bring children under the age of 12, even at your own risk. The dangers of open needles, knives, scissors, tools and sockets are explicitly pointed out here.
7.7 It is not permitted to bring or keep animals, the same applies to visitors. Dogs must be tied up outside before entering the building. Cycling is not permitted in the courtyards and passageways. Loading zones in the courtyards must be kept clear. Garbage must be deposited in the appropriate garbage cans.
7.8 Changes to the interior fittings, conversions and installations, installations and lighting systems are only permitted with the written approval of Velt Studio GmbH. At the request of Velt Studio GmbH, customers are obliged to restore the workplace completely and professionally, at the latest upon return. The customer shall not be entitled to compensation, even if Velt Studio GmbH waives the restoration of the original condition.
7.9 Velt Studio GmbH is permitted to carry out repairs, repairs and structural changes that are expedient for the maintenance and expansion of the building or the workplace or to avert dangers or to eliminate damage, after setting a reasonable deadline. The customer is obliged to keep his workplace accessible at all times for this purpose and to vacate it immediately if necessary. The customer may not reduce the usage fee due to expedient work; claims for damages against Velt Studio GmbH are excluded.
8. TERMS OF USE RENTAL PHOTO STUDIO
8.1 After consultation with Velt Studio GmbH and if no reservation has been made for the photo studio, the "first-come-first-served principle" applies to use. This means that if no reservation has been made, it can be used by the customer who reaches and uses the photo studio first.
8.2 The rental photo studio can be reserved by customers for a certain period of time for which a fee is payable. The reservation leads to a claim to priority of use of the work objects over other customers. The invitation to the Google Calendar shall entitle the relevant customers to make this reservation independently. Velt Studio GmbH is entitled to cancel or postpone these independent reservations after consultation with the customer.
8.3 The rental photo studio can be reserved by a customer for a maximum of two (2) consecutive days and for a maximum of 4 working days per month. Reservations made independently (Google Calendar) are also subject to additional remuneration if this quota is exceeded.
8.4 The work items (studio material, polystyrene reflectors, etc.) in the rental photo studio are included in the usage relationship, while the equipment (lighting technology, etc.) can be rented additionally. Before the start of use, all customers will receive instruction in the proper and safe use of the equipment / work objects by employees of Velt Studio GmbH. Use of the equipment without prior instruction is prohibited. The use of the equipment/objects is at the customer's own risk.
8.5 The equipment/objects of work shall be in a functional condition upon handover. There is no entitlement to functionality, availability or use of the work items at all times. In particular, unforeseeable technical defects, maintenance, security or capacity issues as well as bottlenecks beyond the control of Velt Studio GmbH (e.g. power failures, disruptions to public communication networks) may lead to disruptions or to the temporary suspension of use for individual or all customers.
8.6 Should customers discover that any equipment/objects used by them are damaged, defective or only partially usable or contaminated, customers must inform Velt Studio GmbH immediately. If no notification is made, the customer must prove that the contamination or damage was already present in order to avoid the obligation to remove it. Any damage to the equipment/objects will be charged to the customer.
8.7 Customers undertake to use the equipment/work items properly, otherwise there is no insurance cover and customers are liable in full. It should be noted that the insurance will not compensate for willful or grossly negligent damage. In the event of a claim, at least the deductible stated here shall remain in place, which the customer must bear and reimburse to Velt Studio GmbH. The deductible is € 3,000.
8.8 Without the permission of Velt Studio GmbH, customers are not entitled to transfer the equipment/objects of work to third parties for use, to remove them from the studio or to sublet them.
8.9 The premises and sanitary facilities must be cleaned up and returned to their original condition by the customer after each use. In the event of significant soiling or cleaning work that goes beyond the normal scope, a lump sum of €75 will be charged.
9. LIABILITY
9.1 The customers have inspected the workspaces in detail before concluding the contract (cf. clause 4.5). They have taken note of the fact that the workspaces are located in an open-plan office and cannot be locked separately in this case. They waive any claims due to the condition of which they are aware. There are no claims for reduction in this respect. Velt Studio GmbH assumes no warranty for the condition of the respective workspaces upon handover and for the duration of use. The customer acknowledges that the workspace used by them, including all furnishings, is in a contractual condition before the start of use.
9.2 Velt Studio GmbH is not liable for items brought in by customers or their technical equipment. Velt Studio GmbH accepts no liability for furniture, computers, cameras, sewing machines, valuables, cash, wardrobe and other items. Strict liability for damages for lost items or initial defects in the rented property is excluded. Customers are responsible for bicycles or vehicles parked on the property; any liability is rejected. Customers are responsible for ensuring that access doors are locked securely and for keeping valuables safe.
9.3 Velt Studio GmbH accepts no liability for copyright infringements or for the infringement of personal rights that may be caused by the use of shared rooms, machines, computers or Internet connections. Should customers gain knowledge of confidential information or business secrets of other customers, the customers are obliged to maintain confidentiality, unless this is contrary to the law. A breach of this provision entitles Velt Studio GmbH to terminate the contract without notice.
9.5 Velt Studio GmbH shall be released from its obligation to perform in cases of force majeure. Force majeure includes all unforeseeable events as well as events whose effects on the fulfillment of the contract are not the responsibility of either party. These events also include interruption of the power supply, internet and official measures.
9.6 Velt Studio GmbH accepts no liability for accidents, damage to property or theft. Liability, accident and property insurance is the responsibility of the customer. Velt Studio GmbH recommends that customers check with their liability insurance company whether the insurance they have taken out includes 'the workable object'.
10. LETTERS, PARCELS, COMPANY ADDRESS
10.1 Velt Studio GmbH offers customers the option of sending letters and parcels directly to Urbanstraße 71, 10967 Berlin. For national and EU shipments the c/o Velt Studio can be used, for international shipments this addition is prohibited.
First name, last name, label
c/o Velt Studio (national EU broadcasts only)
3rd courtyard, staircase left, 1st floor
Urbanstrasse 71
10967 Berlin
10.4 For international shipments that are incorrectly addressed as 'Velt Studio GmbH' or 'Velt Studio', and/or the customs authorities charge the customs clearance to Velt Studio GmbH, customers must pay the full amount issued by the customs office without objection and additionally reimburse a processing fee of € 35 to Velt Studio GmbH. The invoice will be settled via an additional invoice from Velt Studio GmbH. Customers are not entitled to the original customs documents.
10.2 For customers with longer usage relationships, it is possible, after consultation with Velt Studio GmbH, to register their place of business at Urbanstraße 71, 10967 Berlin.
10.3 For deliveries that are delivered by a courier or shipping company and must be accepted by an employee of Velt Studio GmbH on the first floor, the customer must register the delivery date with Velt Studio GmbH in good time and pay an acceptance fee of € 10.
11. CONTRACTUAL BASES
11.1 Velt Studio GmbH is entitled to change offered prices, service descriptions and GTC with a notice period of 30 days in advance. The customer shall be notified of the changes by e-mail. Use of the e-mail notification shall be deemed compliance with the written form requirement. If the customer does not object to the amendment of the GTC in writing within 30 days of receipt of the notification of amendment, the amended GTC shall be deemed to have been accepted (tacit agreement). Customers hereby expressly declare their agreement. In the event of an objection by the customer, the contractual relationship shall be terminated on the next termination date.
11.2 Amendments to this contract must be made in writing; all other forms are excluded. All terms and conditions of the customer shall be deemed not to have been agreed, even if Velt Studio GmbH has not expressly objected to their applicability. Should laws, including those that are dispositive, make it necessary to amend or adapt individual provisions of this contract, the parties agree to replace the old provision with the new law until a new provision of their own is established.
11.3 If individual clauses of the GTC or the contract concluded with Velt Studio GmbH are invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to the invalid provision and the intention of the parties; the same shall apply in the event of a loophole.
11.4 This contract is subject to the law of the Federal Republic of Germany; the language of the contract and negotiations is German. The place of performance, fulfillment and jurisdiction for all claims and disputes arising from this contract is Berlin.
GTC valid from 01.01.2021