Terms and Conditions

§ 1 Scope

These General Terms and Conditions apply to all contracts for the use of coworking workspaces, for the provision of a business address ("Virtual Office") and for supplementary services at HafenLoft Offenbach concluded between Lofthouse Catering GmbH (the "Provider") and the respective user (the "Member"). §§ 1 to 7 apply to all services; §§ 8 to 16 apply additionally to Virtual Office services. §§ 17 and 18 apply as final provisions to all contracts.

§ 2 Coworking Services

Depending on the booked tariff, the Provider makes available to the Member a workspace (Flex or Fix), Wi-Fi access and shared use of the common areas (kitchen, sanitary facilities).

HafenLoft Offenbach is operated primarily as an event location. The Provider reserves the right to give priority to its own or third-party events for the coworking areas. In such cases, coworking use may be temporarily restricted, relocated or suspended. The Member will be informed at least 48 hours in advance in writing or by email. Further claims – in particular claims for damages – are excluded.

§ 3 Conclusion of contract & term

The contract is concluded by both parties signing the user agreement. It begins on the agreed date and runs for an indefinite period. Either party may terminate the contract at any time to the end of the month. The right to extraordinary termination for cause remains unaffected.

§ 4 Fees & payment

The monthly fee is based on the Provider's current price list. It is payable in advance and must be received in the Provider's account no later than the 3rd business day of the current month.

For Resident tariffs, a deposit of two gross monthly fees must be paid. The deposit will be refunded within 14 days after proper termination of the contract. For day passes or 10-pass cards, no deposit applies; payment is made in advance.

§ 5 Cancellation

The following cancellation deadlines apply to day passes and meeting-room bookings:

• More than 48 hoursFree of charge
• 24–48 hours50 % of the fee
• Less than 24 hours / no-show100 % of the fee

§ 6 Liability & insurance

The Member is liable for any damage they cause to the furnishings and the building. The Provider assumes no liability for the loss or damage of items brought in (e.g. laptops, documents). Members are advised to obtain their own contents insurance.

Use of the Wi-Fi is at the user's own risk. In the event of illegal use of the network, the Provider is entitled to exclude the Member with immediate effect.

§ 7 House rules

The Member undertakes to be considerate of the venue's event operations. Noise-intensive activities must be kept to the necessary minimum. During ongoing events, staff instructions must be followed.

§ 8 Applicability and relationship to the general provisions

The following provisions apply additionally to contracts for the provision of a business address ("Virtual Office") at HafenLoft Offenbach. §§ 3, 4, 17 and 18 of these Terms (conclusion of contract and term, fees and payment, changes to the Terms as well as governing law and place of jurisdiction) apply accordingly unless otherwise provided below. In the event of conflict, the provisions of this section take precedence for Virtual Office services.

§ 9 Scope of Virtual Office services

The Provider makes available to the Member a real business address suitable for service of process at the Provider's location. Depending on the booked tariff, this address may be used for business correspondence, the imprint, the business registration and, if expressly agreed, for the registration as company seat in the commercial register. Upon request, the Provider will issue a corresponding domicile or use confirmation for such registration.

The scope of services includes the receipt of incoming business mail as well as its forwarding, digitisation (scan) or holding for collection in accordance with the booked tariff. A telephone, call-answering or secretarial service is expressly not part of the services. The use of shared, meeting or coworking spaces is not included in the Virtual Office tariff and may be booked separately under the applicable conditions.

§ 10 Identity and legitimation check

The Virtual Office contract only becomes effective, or the address is only released for use, after the Member has fully verified their identity. The Provider is entitled to withhold provision of the address until this check has been completed.

The following documents must be provided – in particular to prevent misuse, sham registered offices and to fulfil any anti-money-laundering requirements:

• →for natural persons: a valid official identity document (ID card or passport) and, upon request, proof of residential address (no older than three months);
• →for legal entities and partnerships: a current commercial register extract or equivalent registry evidence, a list of shareholders and the identity document of the authorised representative; upon request, information about the beneficial owner must be provided.

The Member warrants the accuracy and completeness of the information and documents submitted. Changes to the notified data (in particular name, legal form, address, representation) must be reported to the Provider without delay. The Provider is entitled to request an update of the evidence at reasonable intervals.

§ 11 Use of the business address

The address may only be used by the Member or the company named in the contract. Assignment, sub-letting or transfer to third parties as well as use for additional, unnamed companies is not permitted without the Provider's prior written consent.

The Member ensures that they remain actually reachable at the address and collect (or have collected) incoming mail promptly. Use for unlawful, misleading or fraudulent purposes is prohibited. The Provider is entitled to verify contractual use and, in the event of reasonable doubt, to request corresponding evidence.

§ 12 Mail handling and forwarding

Receipt of ordinary letter mail is included in the fee. Digitisation, forwarding and holding are performed in accordance with the booked tariff; postage and expenses for packaging and shipping are charged separately unless expressly agreed as a flat rate.

For parcels, cash-on-delivery items, registered mail and other shipments with special requirements, the Provider may require special handling, additional remuneration or personal collection by the Member; there is no obligation to accept such shipments. Mail from authorities and courts is accepted and forwarded to, or brought to the attention of, the Member without delay.

Mail that is not collected or undeliverable is kept for a period of three months and then destroyed in a data-protection-compliant manner, unless statutory retention obligations require otherwise.

§ 13 Member obligations upon termination

Upon termination of the contract, the Member's right to use the address in any form expires. The Member is obliged to remove the address without delay, and no later than 14 days after termination, from all public and official registers and records – in particular from the commercial register, business registration, information provided to the tax office, and from imprint, website and business documents. Upon request, the Member must provide proof of the deregistration to the Provider.

After termination, the Provider is entitled to refuse to accept incoming shipments and to return them as "unknown, moved" or "recipient not resident at this address". If the Provider still receives or forwards mail beyond the end of the contract because deregistration was not carried out in time, a flat processing fee may be charged in accordance with the current price list. If the Member fails to comply with the deregistration obligation despite a reminder, the Provider reserves the right to take appropriate legal action.

§ 14 Suspension and extraordinary termination (Virtual Office)

The Provider is entitled to block use of the address with immediate effect or to terminate the contract extraordinarily if

• →the identity and legitimation check is not carried out, is incomplete, or is based on incorrect information;
• →the address is used unlawfully, misleadingly or for fraudulent purposes, or if there is a reasonable suspicion of such use;
• →the Member is in default with due payments despite a reminder;
• →the Member materially breaches obligations arising from this section.

To the extent that the Provider is legally obliged to provide information or notifications to authorities, this right or obligation remains unaffected.

§ 15 Data protection and retention

The Provider processes the data collected as part of the Virtual Office services – in particular identification and identity data as well as data relating to mail handling – exclusively for the performance of the contract and to fulfil statutory obligations in accordance with the GDPR and the Provider's applicable privacy policy. Where statutory retention obligations exist, the relevant evidence is stored for the duration of these obligations and then deleted.

§ 16 Liability for Virtual Office services

The Provider owes the careful receipt and handling of incoming mail, but not any specific outcome regarding delivery time or observance of deadlines. For damages resulting from delayed, omitted or incorrect mail forwarding, the Provider is only liable in cases of intent or gross negligence; this does not apply to damages arising from injury to life, body or health or from the breach of material contractual obligations, for which liability applies in accordance with the general provisions of these Terms. The Member remains responsible for tracking time-critical matters in a timely manner.

§ 17 Changes to the Terms

The Provider reserves the right to change these Terms with 30 days' notice. Changes will be notified to the Member in writing or by email. If the Member does not object within this period, the amended Terms are deemed accepted.

§ 18 Governing law & jurisdiction

The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from this contract is, to the extent legally permissible, the Provider's registered seat.