General Terms and Conditions for BEEHIVE

 

1. Application Areas of these General Terms and Conditions

 

1.1 The following General Terms and Conditions apply to all performances carried out by Beehive GmbH & Co. KG (“BEEHIVE”), Steinstraße 7, 20095 Hamburg. Email: [email protected], phone: 0800-2334483 towards their customers („Members“) in connection with using the office space („Spaces“) made available by BEEHIVE.

1.2 The regulations of these General Terms and Conditions give priority to the description of performances and prices („Service-Offers“) as laid down by BEEHIVE on the internet site www.BEEHIVE.work and/or on the respective mobile apps provided by BEEHIVE („BEEHIVE Portal“) at the time of contract signing. Additionally, BEEHIVE’s house rules “BE NICE” apply as announced in the Spaces.

1.3 Member’s terms and conditions that contradict our General Terms and Conditions require the explicit written approval by BEEHIVE to become valid. These General Terms and Conditions also apply in a situation, where BEEHIVE - being fully aware of the Member’s deviating regulations or those to the contrary - executes its performances without restrictions towards the Member.

1.4 The Service-Offers are exclusively directed towards natural persons.

1.5 The membership is granted to the Member personally. A transfer of membership is excluded.

 

2. Subject Matters of the Service-Offers 

 

2.1 BEEHIVE operates Spaces in various cities in Germany, which can be utilised by the BEEHIVE Members according to the conditions set out in these General Terms and Conditions and the relevant Service-Offer as requested.

2.2 A list of Spaces can be called up on the BEEHIVE Portal. BEEHIVE reserves the right to change the Spaces at any time, i.e., to close individual Spaces or reopen new ones and/or change the room offers within the existing floor spaces of the Spaces.

2.3 Subject matter of the performances of BEEHIVE is - depending on the Service-Offer ordered -

  • the availability of a work place at a hot desk in open spaces, accessible to all Members; (Service-Offer: BEE OPEN),
  • providing closed – individual- resp. multi-persons rooms in the Spaces (Service-Offer: BEE PRIVATE);
  • providing meeting rooms in the Spaces, as well as
  • providing services in the Spaces in connection with the above, as described in detail in these General Terms and Conditions.

2.4 BEEHIVE explicitly points out that the Spaces are equipped differently and that in particular not each Space offers individual- resp. multi-person rooms.

2.5 The Members may use the Spaces as working areas only. If an alteration of use such as e.g. carrying out events is required, this must explicitly be approved by BEEHIVE.

2.6 BEEHIVE offers various services that can be ordered under the Service-Offers „BEE OPEN“ and „BEE PRIVATE“. BEEHIVE may offer further promotional Service-Offers from time to time subject to these General Terms and Conditions. 

2.7 Subject matter of the Service-Offer ”BEE OPEN“ comprises the following services, available as far as the service fee according to Section 4 has been paid and which are available during the relevant period of use as per Section 5:

  • Access to all BEEHIVE coworking Spaces in Germany or to a single location which is specified in the name of the offer at the time of the booking and indicated in the booking confirmation;
  • Free access to and use of the WiFi connections made available by BEEHIVE at the Spaces;
  • When available, free use of the lockers made available by BEEHIVE at the Spaces;
  • When available, free, adequate use of printers made available by BEEHIVE at the Spaces; the availability of paper is not guaranteed.
  • Free use of the meeting rooms at the Spaces, as far as available. Members with a monthly membership will receive a number of meeting room credits which are valid during their subscription that allow them to reserve a meeting room for a certain period of time. The amount of credits to be received and the details can be read in the offer on the BEEHIVE Portal, valid at the time of signing a monthly membership. Meeting room credits for meeting rooms can also be acquired on the website. The number of meeting room credits required to book a meeting room may vary and will be displayed at the time of booking.
  • The possibility to invite non-Members to the open space area or meeting rooms exclusively through the BEEHIVE Portal, or any other BEEHIVE medium that might be available in the future, as guests to the meeting rooms provided they have been invited via the BEEHIVE account (cf. Section 3.2). Under these requirements the invited guests receive an access code to the lobby as well as a personal WiFi code.

All the services described above are only available on a first come, first served-basis. In particular, there is no guaranty that a specific space will be available for a specific user.

2.8 Subject matter of the “BEE PRIVATE“ Service-Offer are all services of the “BEE OPEN“ Service-Offer and additionally the following services that have been paid for with the service fee according to Section 4, which can be used during the relevant time according to Section 5:

  • Using individual resp. multi-person rooms in a Space during the overall period of use.

The possibility to invite co-workers into the individual resp. multi-person rooms exclusively through the BEEHIVE Portal, or any other BEEHIVE medium that might be available in the future, provided that they have accepted these General Terms and Conditions beforehand and will register as a Member; payment of the relevant service fee will then be made by the person who placed the order.

2.9 The Member is entitled at any time to order the additional services of the “BEE OPEN” Service-Offer during the period of utilising the “BEE PRIVATE” Service-Offer. In this case the daily budget registered by the “BEE OPEN” Service-Offer can, at the request of the user, rest during the period of using the “BEE PRIVATE“ Service-Offer and can be taken up again once the „BEE PRIVATE“ Service-Offer has run out. The Member’s obligation to pay the service fee for the “BEE OPEN” Service-Offer remains unaffected.

2.10 When booking of a meeting room by use of meeting room credits, the Member has the right to use the meeting room for the booked period of time. After expiration of the booked time period the meeting room is to be kept free to enable other members’ punctual use. The meeting room Service-Offer includes:

  • Option to invite non-members as guests to the meeting rooms via the BEEHIVE Portal, or any other BEEHIVE medium that might be available in the future, provided that these guests have been invited via the BEEHIVE account (cf. Section 3.2) in advance.
  • Free use of screens for presentations (subject to availability).

The meeting room Service-Offer does not include any catering services, drinks or other services which are not described in this section.

 

3. Setting-up a Member Account and Ordering the Service-Offers 

 

3.1 Applying for a BEEHIVE membership as well as ordering any BEEHIVE Service-Offers is carried out online via the BEEHIVE Portal. 

3.2 The BEEHIVE Portal offers the user the possibility to register as a Member and to set up a Member account. Registration requires the user to accept these General Terms and Conditions as well as the Privacy Policy provided at the BEEHIVE Portal. Certain users are invited to create an account via an email sent to their professional email address at the request of their employer (“Beehive Enterprise Members”). Beehive Enterprise Members need to follow the link in that email to be able to create their respective account which will include specific Service-Offers as administered by their employer being BEEHIVE’s corporate client subject to the respective Terms and Conditions for BEEHIVE Enterprise.

3.3 Subsequently the user - either as first-time user or as an already registered Member - is able to select a BEEHIVE Service-Offer and to place an order.

3.4 Via the button “Go to Payment” the Member places an order of the selected Service-Offer for the selected period of use.

3.5 This is followed by BEEHIVE sending the Member a confirmation of receipt by e-mail, where the Member’s order is displayed once again. The confirmation of receipt represents the acceptance of the offer. To the extent the Member facilitates payment for the selected Service-Offer immediately upon the order via the BEEHIVE Portal, the provision of the payment option represents the acceptance of the offer.

3.6 In order to enter the Space, the user shall use an access code provided in the process of registration and an RFID-card available at the Spaces, which will grant access to the Spaces in connection with the data of the Member account. The procedure is explained at each and every Space, please also see Section 6.

3.7 During the registration process the user is requested to choose a password for all further access to his Member account. The Member must keep the password secret at all times. BEEHIVE will not pass the password on to third persons.

3.8 The data required for setting up a Member account and also when placing an order must always be complete and correct. Should any of the data change once the Member account has been set up, the Member is obliged to inform BEEHIVE at once about this change or to change these directly on his Member account.

3.9 One individual person may only register for one Member’s account (and, in addition if applicable, one Beehive Enterprise Member’s account). The same email address cannot be used for both a Beehive Enterprise Member’s and a regular Member’ account. BEEHIVE reserves the right to delete or to deactivate accounts of users who own more than one membership. 

3.10 Upon the first order of Service-Offers, the Member will also be provided with a WiFi login code for the Spaces via the BEEHIVE Portal. The login code may be changed from time to time by BEEHIVE. The login code can be used for all the Spaces and for three devices connected simultaneously per Member under the conditions as laid down in Section 7. The login code is personal and must not be shared by the Member with any third party. BEEHIVE reserves the right to modify the WiFi login-code at any time.

 

4. Service Fee

 

4.1 The service fee to be paid to BEEHIVE for ordering any Service-Offer depends on the selected Service-Offer and the period of use chosen upon ordering.

4.2 The BEEHIVE price list valid at the time of the order is referred to. It can be called up on the BEEHIVE Portal. 

4.3 All beehive prices are understood net, plus the relevant applicable legal value added tax.

4.4 The service fee is paid by credit card (MasterCard, American Express, VISA). If the Member possesses a voucher issued by BEEHIVE, payment of the service fee is possible by entering the voucher code. 

4.5 BEEHIVE will charge the Member the full service fee for the overall period of use starting from the time of order and not at the beginning of the period of use, in case this takes place later. The service fee is due for payment immediately without any deduction. 

4.6 For Beehive Enterprise Members, no individual payment of the service fee is required as the service fee is then billed and paid directly to the corporate client of the Beehive Enterprise offering.

4.7 For the Service-Offer “BEE PRIVATE” with a booking period of four months or more, the Member can alternatively choose to pay in instalments based on the months booked, whereby the payments are calculated and due as described below. The service fee is divided by the number of months of the booking period to determine the monthly instalments. An initial payment, consisting of two monthly instalments plus a service fee, is due for payment immediately upon completion of the booking. Billing for the other monthly instalments takes place in the months of the booking period. The Member can choose the due date within these months in the booking process. If no other choice is made, the monthly instalments are due on the day of the month that corresponds to the date of the booking. The two monthly instalments that became due directly upon booking are offset in such a way that no payment is due in two months of the booking period; if possible, these are the last two months of the booking period. Further information on the due dates is displayed in the booking process. If no payment is received by BEEHIVE seven days after the due date of a payment, the booking and thus the entitlement to use the Service-Offer ends. Payments already made will not be refunded.

4.8 The obligation to pay the service fee is linked to the order and thus independent from the extent of how the Spaces are actually used by a Member.

 

5. Period of Use

 

5.1 Upon order the Member selects the relevant period of use. Offers are made based on a daily-, weekly-, and monthly basis. Periods of use cannot be aggregated in advance.

5.2 The Member can indicate in the order on which day the period of use is to start. Thus the period of use does not have to start simultaneously to the placing of an order.

5.3 When booking on a daily basis the period of use expires with the calendar day (12 a.m.) of the start of the period of use. In case of an order on a weekly basis, the period of use expires with the end of the seventh calendar day (12 a.m.), counted from the start of the period of use. In case of a booking on a monthly basis the period of using the Space expires on the thirties calendar day (12 a.m.) counted from the start of the period of use. The regulation on resting booked days in case of a rebooking according to above Section 2.9 remains unaffected. By booking a meeting room, the access to the coworking Spaces is guaranteed just as by booking a day ticket subject to the limitation that the meeting room will only be reserved for the chosen time period.

5.4 BEEHIVE’s commitment ends automatically with the expiry of the period of use; there is no automatic extension. The Member is, however, entitled to place further orders at any time.

5.5 A regular cancellation of the ordered Service-Offer before time is excluded. The right, however, of both parties to terminate for cause due to an important reason remains unaffected. In particular, BEEHIVE is entitled to terminate for cause without notice if the Member has violated the rights of BEEHIVE to a considerable extent by considerably endangering the Spaces or the inventory by neglecting his/her due care or by leaving the Space to a third party without authorization. If BEEHIVE terminates the contract due to a culpable breach by the Member, the Member shall compensate BEEHIVE for any resulting damages. The Member shall particularly be liable for the damages suffered by BEEHIVE due to the fact that the Spaces remain unused during the period of use originally booked by the Member or that the Spaces can only be rented out to other Members resulting in lower service costs obtained by BEEHIVE. 

5.6 The membership runs for an indefinite time and can be terminated by each party without having to give a reason. Already booked BEEHIVE Service-Offers having been placed at the time of ending the membership remain unaffected. Termination of the membership by the Member can only be facilitated via the BEEHIVE Portal.

5.7 The service offers Bee Open and Bee Private can be rebooked free of charge on the website if paid in advance. In addition, any service offer can be cancelled until 11:59 p.m. at the day before the beginning of the period of use. BEEHIVE is entitled to charge cancellation fees following the schedule below: 

  • Up to 7 days before the start of the period of use: 2% of the service fee (which correspond to the non-recoverable fees which is charged to us by the credit card companies)
  • Between 2 and 7 days before the beginning of the period of use: 15% of the service fee
  • Less than 2 days before the beginning of the period of use: 35% of the service fee

Payments already made less cancellation fees will be refunded by BEEHIVE using the same payment method that the Member used for payment.

5.8 For Members that qualify as consumers according to § 13 of the German Civil Code, no right of withdrawal applies in line with § 312g par. 2 sentence 1 no. 9 of the German Civil Code as services in the field of accommodation other than for residential purposes providing for a specific date or period of performance are concerned. 

 

6. Access and Use of Spaces 

 

6.1 Access to the Spaces during the relevant ordered period of use is granted basically 24 hours per day on 365 days per year.

6.2 By having selected the “BEE PRIVATE” Service-Offer or the Service-Offer for a meeting room, the Member is entitled to use the selected individual resp. multi-person rooms in the selected Space during the overall period of use. In all other cases, the Member’s right of access as well as using the provided installations are offered with the reservation that working places, meeting rooms and other facilities are available at the relevant Spaces; if necessary in cases of unavailability the Member will have to use another Space in the vicinity.

6.3 BEEHIVE reserves the right to use the Spaces incl. individual and multi-person rooms for private events. BEEHIVE also reserves the right to carry out renovating-, modernisation-, and maintenance measures which become necessary to remove any damage or which serve to maintain and improve the Spaces. The same applies to carrying out cleaning work. The Member accepts that during such events resp. work the relevant Spaces only have a restricted access and/or the use of the facilities offered there may be restricted.

6.4 The member and his guests (open space and meeting rooms) receive a five-digit personal access code and thus gain access to all BEEHIVE lobbies. The lobbies themselves can be opened using the access code sent by e-mail with the booking confirmation or invitation. With a current booking, the member is also granted access to the spaces via a RFID card, which can be created by the member when visiting a space in its lobby for the first time by entering his access data. The host is responsible for the access of the guests (Open Space and meeting rooms) to the spaces with his personal RFID card.

6.5 The personal five digit access code and the RFID card remains valid during the overall period of the Member’s membership that is also beyond a specific order of certain Service-Offers (Spaces can only be accessed when a Service-Offer is currently subscribed).

6.6 If the RFID card is lost the Member must deactivate it immediately. There are two options for deactivation: To generate a new card in one of the BEEHIVE lobbies or by informing BEEHIVE through the contact form. BEEHIVE reserves the right to charge the Member with the costs of reissuance. There is no need to return the RFID card upon ending the membership. In such a case the RFID card is deactivated by BEEHIVE.

6.7 The Member is not permitted to lend out his RFID card, or the five digit access code, nor transfer it or pass it on to third persons for any use whatsoever. The member is responsible for any damage done by any unauthorized third party accessing the Space using the Member's card, or his five digit access code.

6.8 In as far as the Member wanting to invite non-Members as guests within the scope of using the meeting rooms, the guests can have a one-off access code issued via the BEEHIVE Portal with which they can gain access to the lobby of the selected Space. The guest will then be met in the lobby by the Members and taken to the meeting rooms personally.

6.9 The member must treat the facilities, including the technical equipment (printers, monitors, cabling, etc.) with care and leave them in a usable and well-maintained condition after use. BEEHIVES house rules "BEE NICE" must be observed (visibly displayed in each space). The member must report any damage to BEEHIVE immediately. The member is liable for all damages beyond reasonable wear and tear during the period of use caused by him/her and/or third parties using the Spaces or the inventory at the instigation of the member. If technical equipment such as monitors, printers, etc. are not used properly by the member, resulting in damage to them, the member shall also be liable. 

6.10 The Member is not permitted to carry out renovating- or installation work or to change the furniture of the individual and multi-persons rooms and requires BEEHIVE’s explicit approval. In case BEEHIVE approves the changes within the Spaces the Member will bear all costs thus incurred.

6.11 During the first stay in a space, the member is obligated to inform himself about the existing escape and rescue plan.

6.12 The Member is obligated to always keep free the emergency exits according to the escape plans which can be found in the Spaces.

6.13 The Member is not allowed to connect own devices in the Spaces (e.g. coffee machines, ovens, microwaves, boilers or similar devices). This excludes office devices (e.g. printers, scanners or other devices which are necessary for productive office work). The Member is responsible for the controlling, maintenance, repair and/or security of own office devices, BEEHIVE assumes no responsibility and/or liability insofar.

 

7. Use of the WiFi access in the Spaces

 

7.1 BEEHIVE provides the Member with free access to WiFi connections in the Spaces. The connection to the WIFI network is done either using the personal login code, or from time to time using an open network set-up by Beehive. The following conditions must be observed when using the WiFi access.

7.2 BEEHIVE assumes no guarantees as to the availability or performance of the WiFi connections and/or specific websites. BEEHIVE reserves the right to block access to certain websites if they are illegal or can promote inappropriate use.

7.3 The transmission of data between the WiFi connections and the user's device is not encrypted. As a result, unauthorized third-party access to the data transmitted via the WiFi connections cannot be ruled out. The Member is responsible for the security configuration of its software, so that the data transmission is protected from access by third parties. Appropriate security software (e.g. VPN software) should be used when transmitting sensitive data.

7.4 Any use of the WiFi connections leads to documentation and archiving of the Member's IP address, MAC address, date and duration of use, so that BEEHIVE is in the position to prove which Member used the WiFi connections when necessary.

7.5 Illegal downloads and other activities which jeopardize the security and performance of the network are prohibited. The Member shall observe national and international copyright, trademark and patent laws as well as naming and industrial property rights and personality rights of third parties.

7.6 Via the WiFi connections, the Member shall not disseminate any content that is illegal or in violation of accepted moral standards. This shall include, in particular, information that, as defined in Sec. 130, 130a and 131 of the German Criminal Code (StGB), incites hatred and violence against segments of the population, gives rise to criminal offenses, or glorifies or trivializes violence, is sexually offensive, is pornographic within the meaning of Sec. 184 StGB, is apt to seriously endanger the moral welfare of children or juveniles or to affect their general welfare. The provisions of the Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media (JMStv) and the Youth Protection Act (JuSchG) shall be complied with.

7.7 The unsolicited sending of messages or information to third parties for advertising purposes (spam), the unauthorized retrieval of information and data, the access of data networks without proper authorization and the transfer of executable routines (e.g. spyware, dialers, etc.) over the WiFi connections are prohibited.

7.8 The Member shall be responsible to BEEHIVE and third parties for the content he retrieves, posts or distributes in any manner over the WiFi connections. The content itself shall not be subject to any examination by BEEHIVE.

7.9 The Member is obliged to keep BEEHIVE indemnified against all claims by third parties that are based on the illegal use of the WiFi connections by the Member or that arise, in particular, from litigation based on the Member's use of the WiFi connections. This indemnification obligation also extends to costs and expenditures for legal defence. If the Member realizes or can be expected to realize that a violation of the terms under this Section 7 is about to occur, he shall notify BEEHIVE without undue delay.

7.10 Any activity undertaken online using access granted by the code will be considered as being undertaken by the user. The member can connect a maximum of 3 personal devices via the personal WiFi login code. 

 

8. Data Protection

 

8.1 BEEHIVE observes the legal prerequisites on the data protection.

8.2 For details regarding treatment with personal data as well as the rights of data subjects it is referred to the privacy policy on the BEEHIVE portal. 

 

9. Liability

 

9.1 BEEHIVE’s liability for compensation is restricted in compliance with this Section 9, irrespective on what legal grounds, especially due to an impossibility, default, faulty or wrong delivery, contract violation, violating obligations during contract negotiations and impermissible action in as far as this is based on a fault.

9.2 BEEHIVE is not liable in the event of an ordinary negligence of its organs, legal representatives, employees or other vicarious agents, as long as it does not concern violating contractual obligations. Those obligations are considered as per contract that concern the making available BEEHIVE’s services in time, and for those to be free of defects which may influence the usability significantly, as well as the obligation to advice, protect and care, which is to enable the Member to use the BEEHIVE services as per contract, the protection of the Member’s life and limb or with the purpose of protection his property from being considerably damaged.

9.3 In as far as BEEHIVE is liable for compensation in compliance with Section 9.2, this liability is restricted to such damage, which BEEHIVE has foreseen as a possible consequence of a contract violation at the time of order placing or which they should have foreseen by applying the usual due diligence. Collateral damage and consequential damage, which occurred due to BEEHIVE’s deficiency in performances will only be replaced in as far as such damage can be typically expected, provided BEEHIVE’s services are used as intended.

9.4 The afore-mentioned liability disclaimer and - restrictions apply to an equal extent in favour of BEEHIVE’s organs, legal representatives, employees and other vicarious agents.

9.5 The restrictions of this Section 9 do not apply to BEEHIVE’s liability in case of wilful or gross negligent conduct, guaranteed features of procurement, injuring life, body or health or in respect of the product liability law. 

9.6 The Member himself is responsible to secure rented individual and team rooms (BEE PRIVATES), lockers, drawers and such sufficiently. BEEHIVE is not liable for objects that have been removed. There is also no liability for any coats on coat racks.

9.7 BEEHIVE is not liable for force majeure- and other events for which BEEHIVE is not responsible. Force majeure events in particular include pandemic lockdowns, strike, lock-outs, adverse weather conditions as well as internet- and communication network failures, for which BEEHIVE is not responsible.

 

10. Amending beehive’s Service-Offers

 

10.1 BEEHIVE is entitled at any time to change the content of the services offered, the quoted prices, and these Terms and Conditions as well as other contract conditions in compliance with Section 10.2 below. In such a case BEEHIVE will publish the amended services, prices and/or contractual conditions on the BEEHIVE Portal.

10.2 All such amendments do not apply to already running orders of a Member. These amendments only become effective for the relevant Member with a subsequent order following the publication of amendments on the BEEHIVE Portal.

 

11. Final Regulations

 

11.1 Place of jurisdiction for any possible disputes resulting from the business relationship between BEEHIVE and a Member that does not qualify as a consumer according to § 13 of the German Civil Code is Hamburg. Mandatory legal regulations concerning exclusive jurisdiction remain unaffected by this regulation.

11.2 The relationship between BEEHIVE and the Member is subject to the exclusive law of the Federal Republic of Germany. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the Member that qualifies as a consumer according to § 13 of the German Civil Code has his habitual residence, remain unaffected.

11.3 In as far as the contract or these General Terms and Conditions contain loopholes, those legally effective regulations are considered to be agreed to replace loopholes, which the contract partners would have agreed on according to the economic objective of the contract and the purpose of these General Terms and Conditions, if they had known about these loopholes.

 

Date of this version of these General Terms and Conditions: 06.07.2021

Terms and Conditions for BEEHIVE Enterprise

 

1. Application of these Terms and Conditions

 

1.1 The following Terms and Conditions apply to all performances carried out by Beehive GmbH & Co. KG (“BEEHIVE”), Steinstraße 7, 20095 Hamburg, email: [email protected], phone: 0800-2334483 towards corporate customers („Clients“) in connection with the provision of budgets for booking capacities of office spaces („Spaces“) to be used by the Client’s employees as well as respective services in order to administer and allocate such budgets (the “Service-Offers”).

1.2 With regard to the booking and use of the Spaces, BEEHIVE’s General Terms and Conditions and apply.

1.3 The regulations of these Terms and Conditions give priority to the description of performances and prices regarding the Service-Offers as laid down by BEEHIVE via the account that can be registered by the Client upon invitation by BEEHIVE. 

1.4 Client’s terms and conditions that contradict these Terms and Conditions require the explicit written approval by BEEHIVE to become valid. These Terms and Conditions also apply in a situation, where BEEHIVE - being fully aware of the Client’s deviating regulations or those to the contrary - executes its performances without restrictions towards the Client.

1.5 The Service-Offers are exclusively directed towards Clients eligible as entrepreneurs in accordance with § 14 German Civil Code. 

 

2. Subject Matters of the Service-Offers

 

2.1 Subject matter of the performances of BEEHIVE under these Terms and Conditions is the provisions of a platform to manage users and budgets in order to book Spaces to be used by employees as named by the Client. The platform is accessible at the following address https://enterprise.beehive.work. Offers are available for the different categories of Spaces and bookings as governed by BEEHIVE’s General Terms and Conditions. The Client can allocate budgets to specific dedicated users and can also allow dedicated users to overflow their individual budgets. In any case, the Client is obligated to pay for the bookings made under the budgets (incl. allowed overflow) and in accordance with the prices as laid down in the description of the respective Service-Offer or pricing conditions as laid down on the website for the BEEHIVE Enterprise offering. 

2.2 The Service-Offer further includes access to an account and platform where the Client can allocate and administer budgets, name dedicated users and maintain its individual information regarding billing and communication. 

2.3 BEEHIVE will use commercially reasonable efforts to make the Client’s account and the platform available at all times subject to (i) downtime caused by factors outside of BEEHIVE's reasonable control, including any force majeure event or problems that result from the Client's or a third party’s equipment, software or other technology, and (ii) to scheduled or immediate maintenance. BEEHIVE will make commercially reasonable efforts to establish maintenance during times that minimize impact to the Client. BEEHIVE will provide the Client as much advance notice of maintenance as technically feasible.

 

3. Setting-up an Account and Ordering the Service-Offers 

 

3.1 Upon receipt of an individual invitation, the Client can register an account on the platform available on the website for the BEEHIVE Enterprise offering. Registration requires the user to accept these Terms and Conditions as well as BEEHIVE’s Privacy Policy.

3.2 During the onboarding process, the Client will need to provide the following information: (i) details about the company, and invoicing data, (ii) means of payment (either credit card or SEPA account), (iii) other information required in the onboarding process. 

3.3 At the end of the onboarding process, the Client will be able to access the description of the specific offering that is made by BEEHIVE. This offering made to the Client may differ from the general public offering made by BEEHIVE both in terms of price and services. In order to activate and validate its account, the Client will need to accept the specific offer made to him. 

3.4 Via the account, the Client can activate or deactivate the access of dedicated employees to specific BEEHIVE offerings though respective input commands (on/off buttons). The Client can also create profiles for its employees to limit the access of specific employees to specific offerings.

3.5 Via the account, the Client can access a dashboard which displays current budgets, status of bookings, overflow (if applicable) and further relevant data. Furthermore, the Client can name and administer dedicated users and allocate budgets and booking options to those dedicated users, create user profiles, set limits for individual budgets, access invoices, and amend contact and billing information. The Client is responsible for any actions executed via the platform and the Client’s account, particularly the activation of users and the setting of budgets. In case the Client is not certain on the consequences of certain functionalities of the platform, the Client is welcome to consult with BEEHIVE in advance before performing actions on the platform. 

3.6 The data required for registering an account must always be complete and correct. Should any of the data change once the account has been set up, the Client is obliged to inform BEEHIVE at once about this change or to change these directly on the account. The Client is obliged to keep the login data and the passwords required for the use of the Service-Offers confidential, and to protect it against unauthorized access by third parties with appropriate precautions.

 

4. Fees

 

4.1 The fees schedule as approved by the Client during the onboarding process is available in the Client’s account under the “My Offer” tab. The fees are related to (i) activated users and (ii) Spaces booked by activated users. The fees as applicable to the Service-Offer ordered by the Client and its activated users, respectively, will be invoiced by the end of every month in which fees have accrued.

4.2 All prices as indicated via the account are understood net, plus the relevant applicable legal value added tax. Any late payment will be subject to any costs of collection (including reasonable legal fees) and will bear interest at the statutory rate.

4.3 The fees will be charged monthly to the credit card or by SEPA withdrawal from the bank account of the Client as entered during the onboarding process. The Client undertakes to keep its payment details updated at any time. In case of payment failure, all unpaid booking made by the users (i.e. Client’s employees) will be cancelled. 

4.4 The Client shall be able to charge against payment claims of BEEHIVE only if the Client’s setoff claim is undisputed or has been judicially determined. The same shall apply to any exercise by the Client of a retention right. The Client shall have the right to reduce fees only if the reason for and the amount of the reduction is undisputed in its reason and amount or if it has been judicially determined.

4.5 The obligation to pay the service fees is independent from the extent of how the Spaces are actually used by the dedicated users that have made bookings in accordance with BEEHIVE’s General Terms and Conditions.

 

5. Users – Client’s employees

 

5.1 The Service-Offer can only be used by the Client’s employees. Client’s employees are defined as users which (i) are invited by the Client to register and to book and use Spaces from BEEHIVE directly through the platform and (ii) who have an email address in which the domain name corresponds to the domain name of the website of the Client as entered in the onboarding process. 

5.2 To be able to book and use Spaces from BEEHIVE, the Client’s employee needs to be (i) registered to the platform and (ii) be activated on the platform by the Client. The Client is obliged to inform its employees/users before their activation about the rights and obligations set forth in these Terms and Conditions and BEEHIVE’s General Terms and Conditions applicable to the booking and use of Spaces. The Client will be liable for any violations, acts, and omissions by its users. 

5.3 The activation of an employee for any given day during the month triggers the payment of the monthly user fee. As long as the user is activated the user can book and use Spaces from BEEHIVE. The deactivation of the user will cancel all the user’s future unpaid bookings. The user will be informed about the deactivation of its account and the cancellation of its future bookings. 

5.4 The Client must not permit any unauthorized person to access or use the Service-Offers or to book and use Spaces, respectively. The Client agrees to defend, indemnify, and hold BEEHIVE and its officers, directors, and employees harmless from and against any and all damages, costs, liabilities, expenses, and settlement amounts incurred in connection with any claim arising from or relating to the Client’s breach of any of its obligations under these Terms and Conditions.

 

6. Period of Use and Termination

 

6.1 The account is established for an indefinite period of time. The Client can terminate the Service-Offers at any time. The cancellation will then become effective at the end of the following month. Any unpaid fees will remain due, and any future unpaid bookings by users will be cancelled. 

6.2 BEEHIVE is entitled to terminate the Service-Offers at any time without cause. In that case, BEEHIVE will inform the Client by email of the termination and will honour all existing and paid bookings from the Client’s users, but will block any additional bookings (the “Ramp-down Period”). Any Service-Offers used by the Client and the Client’s users, respectively, during the Ramp-down Period will be charged to the Client in full. 

6.3 BEEHIVE is entitled to terminate for cause without notice if the Client has violated the rights of BEEHIVE to a considerable extent. If BEEHIVE terminates the contract due to a culpable breach by the Client, the Client shall compensate BEEHIVE for any resulting damages. 

 

7. Data Protection

 

7.1 With regard to the processing of personal data pertaining to the dedicated users on the platform enabling the Client’s administration and allocation of budgets to dedicated users, BEEHIVE acts as data processor and the Data Processing Addendum included in Annex A to these Terms and Conditions applies.

7.2 With regard to the processing of personal data that BEEHIVE processes in connection with its own business operations irrespective of Client’s instructions, particularly any processing required to facilitate bookings and registrations for the BEEHIVE services, BEEHIVE acts as data controller. The Client warrants that all personal data pertaining to dedicated users named by Client can be used by BEEHIVE in accordance with applicable data protection law, particularly that such dedicated users have not expressed that they do not wish their personal data to be passed on to service providers such as BEEHIVE.

 

8. Liability

 

8.1 BEEHIVE’s liability for compensation is restricted in compliance with this Section 8, irrespective on what legal grounds, especially due to an impossibility, default, faulty or wrong delivery, contract violation, violating obligations during contract negotiations and impermissible action in as far as this is based on a fault.

8.2 BEEHIVE is not liable in the event of an ordinary negligence of its organs, legal representatives, employees or other vicarious agents, as long as it does not concern violating contractual obligations. Those obligations are considered as per contract that concern the making available BEEHIVE’s services in time, and for those to be free of defects which may influence the usability significantly, as well as the obligation to advice, protect and care, which is to enable the Client to use the BEEHIVE services as per contract, the protection of life and limb or with the purpose of protection Client’s property from being considerably damaged.

8.3 In as far as BEEHIVE is liable for compensation in compliance with Section 8.2, this liability is restricted to such damage, which BEEHIVE has foreseen as a possible consequence of a contract violation at the time of order placing or which they should have foreseen by applying the usual due diligence. Collateral damage and consequential damage, which occurred due to BEEHIVE’s deficiency in performances will only be replaced in as far as such damage can be typically expected, provided BEEHIVE’s services are used as intended.

8.4 The afore-mentioned liability disclaimer and restrictions apply to an equal extent in favour of BEEHIVE’s organs, legal representatives, employees and other vicarious agents.

8.5 The restrictions of this Section 8 do not apply to BEEHIVE’s liability in case of wilful or gross negligent conduct, guaranteed features of procurement, injuring life, body or health or in respect of the product liability law. 

8.6 BEEHIVE is not liable for force majeure and other events for which BEEHIVE is not responsible. Force majeure events in particular include pandemic lock-downs, strike, lock-outs, adverse weather conditions as well as internet and communication network failures, for which BEEHIVE is not responsible.

 

9. Amending Service-Offers

 

9.1 BEEHIVE is entitled at any time to change the content of the services offered, the quoted prices, and these Terms and Conditions as well as other contract conditions in compliance with Section 9.2 below. In such a case BEEHIVE will inform the Client by email which will include the new conditions that will need to be approved by the Client. If the Client refuse the new conditions, BEEHIVE reserves the right to terminate the service in accordance with paragraph 6.3 above. 

9.2 All such amendments do not apply to past orders of a Client. These amendments only become effective for booking and fees from the month following the change in services.

 

10. Final Regulations

 

10.1 Place of jurisdiction for any possible disputes resulting from the business relationship between BEEHIVE and the Client is Hamburg. Mandatory legal regulations concerning exclusive jurisdiction remain unaffected by this regulation.

10.2 The relationship between BEEHIVE and the Client is subject to the exclusive law of the Federal Republic of Germany. The statutory provisions restricting the choice of law and the applicability of mandatory provisions remain unaffected.

10.3 In as far as the contract or these Terms and Conditions contain loopholes, those legally effective regulations are considered to be agreed to replace loopholes, which the contract partners would have agreed on according to the economic objective of the contract and the purpose of these Terms and Conditions, if they had known about these loopholes.

 

Annex A: Data Processing Addendum

 

1. Within the context of the provision of the Service-Offers under the Terms and Conditions, BEEHIVE will process personal data provided by Client. Such personal data include names, contact information, and allocated budgets pertaining to employees as users in order to facilitate the Client’s administration of Service-Offers on the platform. This Addendum specifies the rights and obligations of the parties that result from commissioned processing of personal data provided by Client in accordance with Art. 28 GDPR. 

2. This Addendum shall cover processing of personal data provided by Client that BEEHIVE has access to during provision of the Service-Offers to the extent such personal data is processed as a service for the Client and subject to Client’s instructions. This shall apply independently of whether such personal data are transmitted to Client by BEEHIVE, BEEHIVE generates them directly or receives them in any other manner, e.g. from the data subjects directly. For the sake of clarification, such personal data that BEEHIVE processes in connection with its own business operations irrespective of Client’s instructions, particularly any processing required to facilitate bookings and registrations for the BEEHIVE services, shall not be governed by this Addendum but shall fall in BEEHIVE’s sole responsibility under data protection law. 

3. To the extent this Addendum applies, personal data are only processed according to documented instructions from Client, including with regard to transfers of personal data to a third country or an international organisation, unless required by European Union or Member State law to which BEEHIVE is subject to; in such a case, BEEHIVE shall inform Client of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. In general, Client’s instructions shall be made via respective input commands on the platform as made available in connection with the Service-Offers. Client’s instruction right concerning the type, scale and procedure of processing of personal data is limited to the scope of processing as stipulated in this Addendum. To the extent Client wishes to issue further instructions, BEEHIVE reserves the rights to object to such instructions. BEEHIVE shall immediately inform Client if, in its opinion, an instruction infringes the GDPR or other European Union or Member State data protection provisions. BEEHIVE shall use the personal data covered by this Addendum for no other purposes than for provision of the Service-Offers. This restriction shall not apply to backup copies as far as these are required to ensure proper processing activities, as well as data that are required for compliance with archiving obligations.

4. BEEHIVE shall ensure that any natural person acting under its authority that has access to personal data does not process them except according to the instructions by Client, unless required otherwise by European Union or Member State law. BEEHIVE shall ensure that persons authorised to process the personal data under this Addendum have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and have also committed to data secrecy.

5. BEEHIVE warrants that it will implement suitable technical and organisational measures in such a manner that processing will meet the requirements of the GDPR and ensures protection of the rights of data subjects taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. Client hereby acknowledges and accepts that the technical and organisational measures may be amended from time to time provided the level of security remains adequate.

6. The Client declares authorisation of the engagement of the subcontractors required to host the platform and to send emails to users (Microsoft Azure and SendGrid, see BEEHIVE’s Privacy Policy for further details). The Client also declares the general authorisation of the engagement of further subcontractors. BEEHIVE shall inform Client before engaging any further subcontractor/s in order to enable the Client to object to such an engagement. In case of an objection and when BEEHIVE is operationally unable to provide the Service-Offers without reference to the new subcontractor/s, BEEHIVE shall be entitled to terminate the Service-Offers in accordance with the Terms and Conditions. Where BEEHIVE engages another subcontractor for carrying out specific processing activities on behalf of Client, the same data protection obligations as set out in this Addendum shall be imposed on the subcontractor by way of a contract or other legal act under European Union or Member State law, in particular providing sufficient safeguards to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the GDPR. The Parties hereby clarify that the submission of the subcontractor to safeguards comparable to those laid down in this Addendum shall be sufficient to demonstrate that the processing by the subcontractor meets the requirements. Where the subcontractor fails to fulfil its data protection obligations, BEEHIVE shall remain fully liable to Client for the performance of the subcontractor’s obligations within the limits of Article 28 par. 4 GDPR. Processing by BEEHIVE and any further subcontractors engaged by BEEHIVE shall generally take place within a Member State of the European Union. Relocation to a third country shall be permitted subject to the fulfilment of the conditions laid down in Chapter V of the GDPR. 

7. BEEHIVE shall provide Client with all information required to assess whether all obligations under this Addendum are observed by BEEHIVE upon written request by Client. BEEHIVE shall make all information necessary to demonstrate compliance with the obligations laid down in Article 28 GDPR available to Client and allow for and contribute to audits, including inspections, conducted by Client or another auditor mandated by Client. In order to provide sufficient information, BEEHIVE may submit current certificates, reports or excerpts from reports from independent instances (e.g. public accountants, auditors, data protection officer, IT security department, data protection auditors, quality auditors) or suitable certification by an IT security or data protection audit. 

8. BEEHIVE shall assist Client by appropriate technical and organisational measures, insofar as this is possible, taking into account the nature of the processing, for the fulfilment of Client’s obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR. 

9. BEEHIVE shall assist Client in ensuring compliance with the obligations pursuant to Articles 32 to 36 GDPR taking into account the nature of processing and the information available to it. BEEHIVE shall notify Client without undue delay after becoming aware of a personal data breach affecting the processing of personal data under this Addendum.

10. BEEHIVE shall, at the choice of Client, either delete all personal data that have come into its possession after completion of performance under the Service Contract or to return them, unless European Union or Member State law requires further storage of the personal data.

 

Date of this version of these Terms and Conditions: 06.01.2021

General Terms and Conditions for Event Areas

 

1.    Preamble

 

1.1    The following general terms and conditions (“GTC”) shall apply to services of BEEHIVE GmbH & Co. KG, Steinstrasse 7, c/o alstria office REIT-AG, D-20095 Hamburg, Germany, phone (“BEEHIVE”) in connection with events organized by the user, such as conferences, seminars, meetings, exhibitions, and presentations (the “Events”) at the office premises furnished by BEEHIVE (“Spaces”).

 

2.    Subject matter of the Agreement​​​​​​​

 

2.1    BEEHIVE shall grant the user the opportunity to use the Spaces and the inventory located therein for Events within the contractually stipulated scope. It shall be possible for the equipment – as stipulated in the given case – to encompass the respective Space, including the technical infrastructure, with Wi-Fi, printer, scanner, mobile monitor, or projector (if booked), as well as any meeting rooms, telephone booths, lounge area, and kitchen. It shall be possible to convert partial areas of the Spaces into event areas.

2.2   The specific scope of use and equipment of a Space for Events shall follow from the respective offer made by BEEHIVE to each user individually on a case-by-case basis. Apart therefrom, BEEHIVE shall not provide any other services and/or offers; in particular, as a general rule no catering service is offered.

2.3      The specific scope of use and equipment of a Space for Events shall follow from the respective offer made by BEEHIVE to each user individually on a case-by-case basis. Apart therefrom, BEEHIVE shall not provide any other services and/or offers; in particular, as a general rule no catering service is offered.

 

3.    Entering into the Agreement

 

3.1    BEEHIVE shall send an individual offer to the user via email. This offer must be countersigned by the user and returned to BEEHIVE via email in the form of a scan by no later than three days after receipt of the offer (acceptance of the offer). By accepting the offer, the user shall be bindingly obligated to the use and to the payment of the usage fee.

3.2    The user shall disclose the purpose of the Event in a truthful manner. BEEHIVE shall reserve the right to exclude certain types of and/or contents of Events, including, but not limited to, Events having content that is politically and/or religiously motivated or that may damage BEEHIVE’s reputation. BEEHIVE shall be able to refuse Events without stating any reasons.

 

4.    Terms and conditions of use, duties of user

 

4.1       It shall not be permitted to sublease or to further lease the Spaces.

4.2       Exceeding the number of event guests assumed in the course of the offer shall not be allowed in the absence of BEEHIVE’s written consent.

4.3       The user shall comply with the contractually stipulated closing times of the Event. If any deviations occur, then BEEHIVE shall be able to invoice the additional service, unless BEEHIVE is at fault for the deviations.

4.4       Any conversions of and installations in the Spaces by the user shall not be permitted and shall require BEEHIVE’S written consent. If BEEHIVE consents to any changes to the Spaces, then the user shall have to bear all costs arising therefrom, including any required removal work.

4.5       The user shall treat the Spaces, including any general areas, and the inventory in them with due care. The user shall have to report any damage to BEEHIVE without undue delay. The user shall be liable for any damage in excess of contractual wear and tear that is caused by the user, by the user’s vicarious agents, or by any third parties who avail themselves of the Spaces, including the general areas, at the user’s behest.

4.6       The user shall be obligated to return, after the end of the Event, the Spaces used and the inventory free from defects and in a usable condition. All objects brought by the user shall be removed by the user and the condition existing at the time the Spaces were handed over to the user shall be restored. BEEHIVE shall remove, at the user’s expense, any undue traces of use and damage.

4.7       The user shall be independently responsible for waste disposal following the Event. Any garbage left behind shall be removed by BEEHIVE at the user’s expense, and the expense for such invoiced to the user. BEEHIVE shall be permitted to place any items left behind in storage at the user’s expense. After fourteen days, BEEHIVE shall have the right to utilize the objects at the user’s expense or to dispose of them.

4.8       The user shall have to ensure that, during the Event, no members of BEEHIVE and other users of the Spaces are restricted or disrupted. If the user’s conduct or that of its guests results in any disrupted or complaints, then BEEHIVE will issue vouchers as compensation to its members. BEEHIVE reserves the right to bill the user for the resulting damages. This shall apply mutatis mutandis if usability of the Spaces is reduced after the Event in a manner contrary to the provisions of these GTC.

4.9       To the extent that the user wishes to use BEEHIVE brands, e.g., for the design of invitations to an Event, such shall require BEEHIVE’s written consent. This provision shall also apply to any photographs and film that are taken during the Event and contain elements indicating BEEHIVE (e.g., BEEHIVE brands).

4.10     The user shall be responsible for any items, documents, and data that it has brought along to the Spaces. Any items brought along shall also have to comply with the local rules and regulations (such as those governing fire protection, police orders, etc.). In its own interest, the user shall have to protect any item brought along, particularly valuables, as well as documents and data, from unauthorized access by third parties. Except as provided otherwise in (8.1), BEEHIVE shall not be liable for loss or theft of, or damage to, such items, documents, or data. Any items brought along by the user or its guests shall not be insured through BEEHIVE.

4.11     The user shall have to ensure that the legal requirements for conducting the Event (e.g., approvals to be obtained, registrations, payment of GEMA fees, etc.) are fulfilled and that in conducting the Event, the provisions of statute are observed. For any culpable breaches by the user, the user shall indemnify BEEHIVE against any third-party claims arising in connection therewith.

4.12     During the term of use, the user shall assume the duties to implement safety precautions in the Spaces provided. The user shall indemnify BEEHIVE against any third-party claims arising in connection with the transferred duties to implement safety precautions.

4.13     BEEHIVE’s house rules, known as “BEE NICE,” which are posted in each of the Spaces, shall apply as a supplement to these GTC.

 

5.    Householder’s right of BEEHIVE

 

5.1       BEEHIVE shall provide the user with a maximum of two activated access cards for the time period of the Event. The user shall protect the provided access cards from loss, theft, and unauthorized access. It shall not be allowed to transfer the access cards or to render them accessible to any third parties, if such was not stipulated in writing with BEEHIVE beforehand. After the Event, but by no later than on the following day, the access cards shall have to be returned in accordance with BEEHIVE’s policy.

5.2       The Spaces provided, including their inventory and any other items furnished, shall be the sole property of BEEHIVE or of its affiliated companies.

 

6.   Payment terms

 

6.1       To the extent nothing in deviation therefrom is stipulated with the user in writing, 50% of the total price shall be due three days after acceptance of the offer (“Advance Payment”). The remaining 50% of the total price shall be due without deduction ten days after receipt of the billing statement concerned. The billing statement shall be issued after the Event has been conducted

6.2       To the extent that BEEHIVE has the right to charge any costs to the user in accordance with these GTC, these will fall due without deduction ten days after receipt of the billing statement concerned.

6.3       BEEHIVE shall not demand any collateral from the user.

6.4       The user shall be able to charge against payment claims of BEEHIVE only if the user’s setoff claim is undisputed or has been judicially determined. The same shall apply to any exercise by the user of a retention right. The user shall have the right to reduce the usage fee only if the reason for and the amount of the reduction is undisputed in its reason and amount or if it has been judicially determined.

 

7.   Termination/withdrawal

 

7.1       If the Advance Payment is not made even after the elapsing of a reasonable grace period set by BEEHIVE, then BEEHIVE shall have the right to withdraw from the Agreement. Furthermore, BEEHIVE shall have the right to withdraw from the Agreement for an objectively justified reason, including, but not limited to, if:

  • force majeure or any other circumstances for which BEEHIVE is not at fault render fulfillment of the Agreement impossible;
  • any Events are booked with misleading or false statements or with concealment of material facts; ‘material’ in this context can be (i) the identity or solvency of the user or (ii) the occasion of the Event;
  • BEEHIVE has justified grounds for assuming that the Events may endanger the smooth business operation, security, or reputation of BEEHIVE among the public, without such being ascribable to BEEHIVE’s sphere of influence or organization;
  • the purpose or occasion of the Event turns out to be illegal, or
  • any breach of these GTC is present or is to be feared.

The justified withdrawal of BEEHIVE shall not establish any claim of the user for damages. In the event of any successful withdrawal, as a general rule BEEHIVE shall return to the user any Advance Payment already rendered; however, any claims for damages shall be reserved to BEEHIVE.

7.2       Any withdrawal of the user from the Agreement entered into by BEEHIVE shall be possible only (i) if a withdrawal right was stipulated in writing in the individual case, (ii) if there exists another statutory withdrawal right, or (iii) if BEEHIVE consents in writing in the individual case.

7.3       Any cancellation of the Event by the user shall be possible until two days prior to commencement of the Event. Cancellation shall have to be effected in text form. In the event of cancellation, the user shall have to pay a cancellation fee totaling of 50% of the usage fee. If the Advance Payment corresponding to the cancellation fee has not yet been rendered, then the cancellation fee shall be due without deduction ten days after cancellation. If the booking is cancelled thirty days or more prior to the Event, then the cancellation fee shall be reduced to 25% of the usage fee. If the Advance Payment was already made, then BEEHIVE shall accordingly reimburse 25% of the usage fee to the user. For users that qualify as consumers according to § 13 of the German Civil Code, no right of withdrawal applies in line with § 312g par. 2 sentence 1 no. 9 of the German Civil Code as services in the field of accommodation other than for residential purposes providing for a specific date or period of performance are concerned.

7.4       If the Event is cancelled without timely cancellation for reasons under the user’s influence or organization, and if the cancellation is not covered by a withdrawal right in accordance with (7.2), then the remaining amount (the other 50% of the usage fee) shall be due without deduction ten days after receipt of the corresponding billing statement.

7.5       If the Event is cancelled for reasons under BEEHIVE’s influence or organization, and if the cancellation is not covered by a withdrawal right in accordance with (7.1), then the remaining amount shall not fall due and BEEHIVE shall reimburse the Advance Payment already rendered.

 

8.   Warranty/ liability

 

8.1       BEEHIVE shall be liable for damage for which it is culpable arising injury to life, limb, or health. Furthermore, BEEHIVE shall be liable for any other damage due to willful or grossly negligent breaches of duty by BEEHIVE or due to willful or negligent breach of contractually typical duties. Any further compensatory damages claims shall be precluded.

8.2       If any disruptions or deficiencies in BEEHIVE’s services BEEHIVE occur, then BEEHIVE shall strive, upon knowledge or reporting by the user, endeavor to remedy these without undue delay. The user shall be obligated to contribute an effort reasonable for it in order to remediate the fault or defect and to keep potential damages as low as possible. The user shall be obligated to inform BEEHIVE in a timely manner about the possibility of the occurrence of any not insignificant damage.

 

9.   Final provisions

 

9.1       Venue for any disputes arising from the business relationship between BEEHIVE and a user that does not qualify as a consumer according to § 13 of the German Civil Code shall be Hamburg, Germany. This provision shall be without prejudice to any compulsory statutory provisions governing exclusive venue.

9.2       The business relationship between BEEHIVE and the user shall be subject to the law of the Federal Republic of Germany exclusively. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the user that qualifies as a consumer according to § 13 of the German Civil Code has his habitual residence, remain unaffected.

9.3       Any ancillary agreements, any amendments or restatements, or any rescission of this Agreement or of these GTC, shall have to be stipulated in writing. The same shall apply mutatis mutandis to any assurances, consents, or waivers, as well as to settlements of any nature. The written-form requirement shall not be waivable by spoken agreement.

9.4       Terms and conditions of the user that are contradictory to these GTC shall have no applicability in the absence of express written confirmation by BEEHIVE. These GTC shall apply even if BEEHIVE carries out services for the user without reservation notwithstanding knowledge of the user’s contrary or deviating terms and conditions.

9.5       To the extent that the Agreement or these GTC contain any loopholes in their provisions, there shall be deemed as stipulated for the purpose of closing said loopholes such legally effective provisions to which the contracting partners would have stipulated pursuant to the economic objectives of this Agreement and of these GTC, had the contracting partners been aware of said loopholes in the provisions.

 

Status of the GTC: 14.08.2020