Terms and Conditions
(1) These terms and conditions apply to all contracts for the lease of the meeting space "Schumann7b" (hereinafter "Schumann7b") by Pharmabrain GmbH (hereinafter referred to as the "Lessor") for the purpose of conducting seminars, trainings, conferences or other events as well as all other services and deliveries of the Lessor in this context.
(2) General terms and conditions of the respective contracting party (hereinafter referred to as the "Tenant") or third parties do not apply. This even applies in the event that the Lessor does not separately object to their validity in individual cases.
§2 Contracting Parties
(1) The services offered by the Lessor are exclusively intended for entrepreneurs within the meaning of § 14 BGB (German Civil Code).
(2) By sending his booking request, the Tenant confirms that he is an entrepreneur within the meaning of § 14 BGB and concludes the rental contract as an entrepreneur.
§3 Conclusion of Contract
(1) Insofar as the Lessor advertises the leasing of "Schumann7b" on the Internet, in brochures, flyers or similar documents, this only constitutes a request for the transmission of a booking request.
(2) Under the URL www.meetingspace-berlin.de, the Lessor provides an online form, through which the Tenant can send a booking request to the Lessor after entering the required information. The Tenant hereby makes an offer to conclude a rental agreement, which the Lessor accepts by signing the contract. The Lessor sends the Tenant a booking confirmation.
(1) The Lessor shall provide the Tenant with "Schumann7b" at the time stated in the booking confirmation for the chosen rental period.
(2) "Schumann7b" is equipped with basic equipment suitable for training / conferences which can be chosen by the Tenant and is handed over to the Tenant in a condition suitable for this purpose.
(3) The provision of other equipment and services is not owed, unless it is expressly agreed between the parties.
(1) Unless explicitly stated otherwise, all prices quoted are net prices in euros plus VAT.
(2) The prices for all services of the Lessor are available via the URL www.meetingspace-berlin.de. They are subject to change and are calculated as follows
as a lump sum for rental of the facility and equipment as specified,
for meals according to the number of portions to be provided,
for drinks for all bottles opened,
for the final cleaning as a flat rate.
(3) If further services have been agreed, the remuneration due for this shall be based on the agreement reached between the parties.
§6 Invoicing, payment
(1) Unless otherwise agreed, the following applies to invoicing by the Lessor:
- the room rent and fees for services of the Lessor, which are determined by the conclusion of the contract, are invoiced with the booking confirmation and are due for payment immediately;
- The fee for consumption-related services of the Lessor as well as any additional payments are settled after the end of the rental and are due for payment immediately.
(2) The respective invoice amounts are to be paid without deduction by bank transfer to the bank account nominated by the Lessor (or in cash against receipt), unless another method of payment has been agreed.
(3) Offsetting against counterclaims of the Tenant or the retention of payments due to such claims is only permitted if the counterclaims are undisputed or legally binding.
§7 Exceeding the rental period
(1) "Schumann7b" is handed over to the Tenant at the time of commencement of the lease and must be returned to the Lessor at the end of the lease. A claim by the Tenant for early admission to "Sc humann7b" or use beyond the agreed rental period does not exist, unless the Tenant has asked the Lessor in advance for a corresponding lease extension and the Lessor has agreed to this amendment.
(2) If the agreed rental period is exceeded, the room rent for each quarter of an hour increases by one quarter of the hourly rate on which the contractual remuneration agreement is based.
§8 Rights and obligations of the Tenant; Liability of the Tenant
(1) The rental agreement authorizes the use of "Schumann7b" by the Tenant, his/her employees and his/her guests. Any subletting or other transfer of use requires the prior express consent of the Lessor. If the consent is denied, the Tenant is not entitled to the special right of termination according to § 540 Abs. 1 S. 1 BGB.
(2) The Tenant undertakes to handle "Schumann7b" as well as the provided equipment and the inventory carefully and to do everything necessary and reasonable to prevent damage.
(3) Smoking within "Schumann7b" is prohibited. The Tenant agrees to implement this smoking ban.
(4) During the rental period, the tenant is responsible for the duty of care in "Schumann7b".
(5) Keys or access codes provided to the Tenant must not be passed on to third parties. The production of replicas is prohibited.
(6) At the end of the rental period, the Tenant has to return "Schumann7b" completely vacated in its original condition together with other equipment and keys to the Lessor.
(7) For damage to property and personal injury, including any consequential damage caused by the Tenant, his staff or his guests during the rental period, the Tenant shall be liable in accordance with the relevant statutory provisions.
(8) The Tenant undertakes to indemnify the Lessor against claims of third parties resulting from a culpable breach of his obligations.
(9) The Tenant shall be liable to the Lessor for loss of rent resulting from damage to "Schumann7b", the inventory and the equipment provided as well as the loss of rent resulting from the necessary removal of such damage.
(10) If the Tenant does not return the keys provided to him at the end of the rental or notifies the loss of such, the lessor is entitled to have the lock cylinders of the respective doors replaced at the expense of the Tenant.
§9 Liability of the Lessor
(1) Claims for damages against the Lessor, for whatever legal reason, are excluded, unless they are based on an intentional or grossly negligent breach of duty by the Lessor, its legal representatives or their vicarious agents, or the culpable violation of a material contractual obligation. Significant contractual obligations are those which the tenant was entitled to rely on and the fulfilment of which enables the proper execution of the contract.
(2) In the case of a negligent breach of a material contractual obligation, the liability of the lessor is limited to the typical and foreseeable damage.
(3) The liability of the Lessor for injury to life, body or health remains unaffected by the above limitation of liability.
(4) Insofar as the Tenant, his employees or guests carry or bring objects into "Schumann7b", this is at their own risk.
§10 Cancellation; Resignation, termination without notice
(1) If the Tenant cancels the booking, he is obliged to pay the Lessor compensation for the loss. The amount of the compensation is determined as follows:
- Cancellation up to six weeks before arrival: 50% of the contracted room rent;
- Cancellation up to one week before arrival: 80% of the contracted room rent;
- Cancellation up to three days before arrival: 90% of the contracted room rent;
- Cancellation up to one day before the rental period: 100% of the contractually agreed room rent.
(2) In the event that the Lessor can otherwise rent "Schumann7b", the Tenant owes no compensation for loss acc. Para. 1; however, the Lessor may demand a lump-sum compensation of 10% of the agreed room rent for the additional expenses incurred.
(3) The Lessor is entitled to withdraw from the contract at any time and to terminate the contract without notice, under the following circumstances
- the Tenant has made false or misleading statements about material contractual facts, in particular with regard to his person, his entrepreneurial quality or his purpose;
- the purpose of use violates statutory provisions or threatens the liberal democratic constitution of the Federal Republic of Germany or diminishes human dignity;
- the Lessor has reason to believe that the use of the services can jeopardize the smooth operation of the business, its security or its reputation in the public domain, without this being attributable to the Lessor or organizer of the Lessor;
- the Tenant has not paid the room rent or another fee due before the rental period, despite requests to do so before the beginning of the rental period;
- The Tenant subleased "Schumann7b" contrary to § 8 para. 1 p. 2 without the consent of the Lessor or otherwise left it to third parties for use.
(4) The cancellation / resignation requires the text form. For the time of cancellation / resignation, the receipt of the relevant declaration is decisive.
§12 Final provisions
(1) This contract is written in German and English. In the case of contradictions, the German version applies.
(2) German law applies exclusively.
(3) The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Berlin. The Lessor is entitled to sue the Tenant at as they choose within the general area of jurisdiction.
(4) Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or inapplicable, this shall not affect the validity of the remaining provisions. In place of any such legally ineffective provisions that the parties may have agreed in accordance with the objectives of the contract and the purpose of these General Terms and Conditions, any regulatory loophole would be deemed to have been filled in accordance with statutory law.
(As of March 2019)