1. Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between Gründerschiff UG (limited liability) & Co. KG, operating under its brand HopsBeach (hereinafter “HopsBeach”), and the customer for the provision of rooms or workspaces in the building located at Werner-von-Siemens-Str. 1, 85296 Rohrbach (hereinafter “Coworking Space”). The GTC also apply to all related services and deliveries by HopsBeach that are not the subject of a separate agreement. In case of any conflict between these GTC and the customer’s terms and conditions, these GTC shall prevail.
1.2 Amendments or additions to the GTC as well as conflicting or divergent terms and conditions of the customers shall only apply if expressly agreed to by HopsBeach. The GTC also apply if HopsBeach performs the services owed without reservation despite being aware of conflicting or divergent terms and conditions of the customer; this does not constitute implicit acceptance of the customer’s terms and conditions.
2. Conclusion of Contract and Term
2.1 The provision of the online booking system does not constitute a legally binding offer by HopsBeach, but merely an invitation to customers to submit a binding offer to conclude a contract according to the following GTC. This does not apply if the online booking system contains offers designated as capable of acceptance by HopsBeach.
The customer must enter the mandatory information (address data, telephone number, payment details, email) in the input mask provided for the booking process on the HopsBeach website. This process is non-binding and does not constitute a contract offer. By submitting the form, only an inquiry to conclude a contract with HopsBeach is sent via email.
A contract is only concluded if the online booking system explicitly contains offers capable of acceptance and the customer clicks the “book now” button.
The Coworking Conditions attached to these GTC also become part of the contract.
2.2 HopsBeach’s offers are non-binding unless stated otherwise in the offer. The contract is concluded upon order confirmation by HopsBeach or mutual signing of a contract document.
2.3 The contract term for the coworking space usage agreements is generally on a monthly basis, unless otherwise specified.
3. Security Deposit
The use of the premises and workspaces is without payment of a security deposit.
4. Object of Contract and Non-competition
4.1 The object of the contract is the use of fully equipped workspaces in premises of the coworking space, including associated services, furnishings, and other equipment (hereinafter “inventory”) for commercial, self-employed, or employed professional activities of the customer for a fee and for a specified period. The subject of use is according to this contract
- a type-specific, non-reserved workspace in the open coworking area with access rights for two days a week (Flex-Desk 24/2),
- a type-specific, non-reserved workspace in the open coworking area (Flex-Desk 24/7),
- a reserved workspace in the open coworking area (Fix-Desk, open space) specified by type and location,
- a reserved, physically separated office room (Fix-Desk, room) specified by type and location,
- a reserved meeting/conference room (Conference Space) specified by type and location,
- one or more rooms or spaces for use for an event (event space).
4.2 The object of the contract also includes the provision of rooms (conference room, seminar room, atrium) in the coworking space, including services in individual cases, furnishings, and other equipment (hereinafter “inventory”) for use in commercial, voluntary, or private events.
4.3 Workspaces and common areas are available for shared use unless rented out to third parties or exclusively used by HopsBeach. Standard amenities include tap water, sparkling water, tea, and coffee in the usage fee.
4.4 Additional services by HopsBeach (especially rental of technical equipment, additional furnishings, catering, secretarial services, beverage deliveries, or other catering) are subject to a separate agreement and billed accordingly. Surveillance, monitoring, safekeeping, and insurance coverage are not part of the contract. Even if personnel from HopsBeach are present in the coworking space or if the coworking space is monitored by optical-electronic devices (video surveillance), this does not imply custody or assumption of liability, particularly not for theft or damage.
4.5 Non-competition protection is not granted.
4.6 Membership of the HopsBeach membership is personal in nature, and the associated services and benefits are not transferable to third parties.
5. Usage Fee, Due Date, Default, Limitation of Reduction, Offset and Retention Rights of the Customer, VAT, Input Tax Deduction
5.1 The amount of the usage fee is determined by the usage contract concluded between the parties. Operating and ancillary costs are included in the usage fee. Services additionally used by the customer are not included and are billed separately according to a separate agreement.
5.2 The agreed usage fee is due in advance for payment to the respective HopsBeach account. The same applies to all other ongoing payments by the customer, unless otherwise agreed. Charges for additional services are due for payment at the end of each calendar month, unless otherwise agreed.
5.3 The agreed usage fee is payable regardless of whether the customer uses the workspace or actually avails the ordered services.
5.4 The agreed usage fee covers only the provision of workspaces and event spaces for the agreed time with the agreed number of persons, unless agreed otherwise. In case of exceeding the agreed number of persons, a separate fee (multi-person surcharge) is due for the excess number of persons.
5.5 If the customer is in default with payments, the amount due is subject to interest at 8 percentage points above the respective base rate. In addition to overdue reminders, a reminder fee of EUR 5.00 per reminder will be charged. The assertion of further damages remains unaffected and reserved.
If the customer defaults on the payment of at least one usage fee or a corresponding amount, HopsBeach is entitled to deny the customer access to the coworking space until the customer has settled all due liabilities to HopsBeach. Further claims and rights of HopsBeach remain unaffected.
5.6 The customer is only entitled to a reduction of the usage fee for the rented premises or workspaces if the reduction is undisputed or legally established in terms of cause and amount. This does not affect any claims of the customer for repayment of overpaid usage fees due to a reduction.
5.7 The customer may only set off payment claims of HopsBeach if the customer’s counterclaim is undisputed, acknowledged, or legally established. The same applies to the exercise of a retention right by the customer.
5.8 The usage fee and all other agreed payments are in EURO (€) and are subject to the respective statutory value added tax, unless prices are expressly indicated as gross prices.
6. Use of Workspaces, Common Areas, Event Spaces, Number of Users, Exclusion of Subletting
6.1 Use is only permitted for the agreed purpose.
6.2 Use is permitted only for the agreed number of persons. Users include the customer as well as all persons using the rented premises by invitation, permission, or tolerance of the customer, particularly employees, assistants, and guests of the customer (hereinafter “Users”). In coworking spaces, one person per workspace is agreed upon. For conference rooms, the number of persons depends on the size of the room used. For events, the number of persons depends on the type and size of the event space, with a maximum of 199 persons.
6.3 Subletting or any other transfer of use to third parties requires prior written consent from HopsBeach. Consent is granted revocably for the agreed number of persons; revocation is permissible if there is a substantive reason related to a user.
7. Rules of Conduct, House Rules, and Sanctions for Violations
7.1 The customer may not make any changes to workspaces or other premises, including fixtures and fittings, particularly modifications, alterations, or installations. The arrangement and placement of furniture and inventory as found by customers at the beginning of the contract or as agreed upon in workspaces, conference rooms, and other premises are binding. The customer is not entitled to make changes without prior consent from HopsBeach; this also applies to room decorations. The customer is liable for all damages resulting from the use of these materials.
7.2 The customer must handle workspaces, common areas, inventory, and other coworking spaces, conference rooms, and event spaces with care and refrain from any actions that could cause damage.
7.3 The customer must refrain from any behavior likely to disturb other users or impair the use of other workspaces, particularly through noise or odor emissions.
7.4 Smoking is prohibited throughout the entire coworking space unless expressly permitted by HopsBeach for specific areas, events, or persons. The same applies to open flames. A contractual penalty of EUR 100.00 per violation is agreed upon for breaches of the fire or smoking ban; claims for damages remain unaffected.
7.5 Bringing one’s own food and beverages is allowed, provided they are intended for personal consumption within the next seven days; storage and preparation are only permitted in the kitchen or designated areas for this purpose.
7.6 The customer may not connect or use their own coffee machines, ovens, microwaves, cookers, or similar electrical appliances in the premises. Only facilities and items provided by HopsBeach in the kitchen are available for preparing food and beverages.
7.7 Bringing animals into the coworking space is only permitted with the consent of HopsBeach.
7.8 The customer is responsible for items brought into the premises by them and their users, particularly for their protection, storage, supervision, security, and insurance.
7.9 HopsBeach is entitled to define additional rules for the use of coworking spaces, conference rooms, and the atrium as part of house rules; these rules, in their current valid version, are part of the contractual agreement with the customer.
7.10 If the customer or their users violate the above provisions, HopsBeach may impose a ban on the responsible persons from the premises. In cases of severe or repeated violations, HopsBeach may terminate the usage agreement without notice.
8. Opening Hours
The premises of the coworking space HopsBeach are accessible at any time (24/7) using an electronic key. Such a key is included according to the usage packages.
9. Shared Use of Internet Access via WLAN, VLAN Setup, Risks of WLAN Use, Limitation of Liability, Responsibility, and Indemnification, Sanctions for Violations
9.1 HopsBeach provides internet access via WLAN in the coworking space and allows the customer to use WLAN access to the internet free of charge for the duration of use. The customer does not have the right to permit third parties to use the WLAN.
9.2 HopsBeach ensures an actual availability of 96%, suitability, or reliability of the internet access for ordinary purposes. HopsBeach is entitled at any time to allow further users to share the WLAN operationally, wholly, partially, or temporarily. HopsBeach reserves the right to block access to certain sites or services via WLAN (e.g., sites promoting violence, pornography, or requiring payment) at its discretion. HopsBeach also reserves the right to temporarily shut down WLAN operation for technical reasons after prior notification.
9.3 Access is secured using access codes. The customer undertakes to keep their access data confidential. HopsBeach reserves the right to change access codes at any time.
9.4 Upon the customer’s request, a VLAN connection can be provided. This is not part of the basic services and will therefore only be set up and maintained upon request for an additional charge.
9.5 The customer is informed that WLAN only provides internet access. HopsBeach has installed a firewall but assumes no liability for its functionality and effectiveness. Data traffic over WLAN is encrypted. Use of WLAN is at the customer’s own risk and responsibility.
9.6 The customer is solely responsible for data transmitted over WLAN, charges incurred for services used, and transactions conducted. If the customer accesses fee-based websites or enters into obligations, they are responsible for the resulting costs.
9.7 The customer must comply with applicable law when using WLAN. Furthermore, the customer must refrain from accessing or distributing morally or legally objectionable content via WLAN, accessing any type of pornographic content, unlawfully reproducing, distributing, or making copyrighted material accessible (especially in connection with the use of file-sharing programs), sending or distributing harassing, youth-endangering, discriminatory, defamatory, or threatening content, or spreading mass messages (spam) or other forms of unauthorized advertising.
9.8 If the customer or their users violate the above provisions, HopsBeach may restrict or block the customer’s access to WLAN.
9.9 The customer indemnifies HopsBeach from all claims by third parties (especially claims for damages) arising from unlawful use of WLAN by the customer or a violation of the above provisions. If the customer becomes aware of or suspects such an infringement or violation, they must immediately notify HopsBeach.
10. Regulatory Fire Safety Measures/Other Safety Regulations/Installation of Decoration Materials and Structural Changes/Renovations
10.1 The customer agrees to comply with all fire safety regulations of HopsBeach, particularly concerning keeping escape routes clear and observing smoking bans. If the customer installs decoration materials, these must comply with regulatory fire safety regulations. The customer must ensure that no more persons have access to the booked premises than allowed according to the regulations and provisions of the area. The maximum capacities set by HopsBeach are binding in this regard. In case of violation of these regulations, HopsBeach declines any liability. The installation of decoration materials or other objects on walls, doors, and ceilings always requires prior approval from HopsBeach. The customer is liable for all damages incurred by HopsBeach due to the use of these materials.
10.2 HopsBeach is entitled to carry out construction and renovation measures necessary for the preservation or improvement of the provided items and/or other objects in the indoor or outdoor areas. HopsBeach will endeavor to ensure that such measures are not undertaken at inappropriate times.
11. Entry into the Premises by HopsBeach
HopsBeach is entitled to enter the premises during the general opening hours of the facility and in case of imminent danger at any time of day or night. HopsBeach will inform the customer in advance of such entry. In cases of imminent danger, HopsBeach may enter the premises at any time of day or night without prior notification.
12. Customer’s Liability, Indemnification of HopsBeach by the Customer
12.1 The customer is liable to HopsBeach according to statutory provisions, unless stricter liability has been agreed upon. The customer is liable for the negligence of their users as if it were their own negligence.
12.2 When renting cultural spaces for a customer’s event, the customer must ensure compliance with noise limits prescribed by law (especially under the Federal Immission Control Act (BImSchG), Technical Instructions on Noise Control (TA-Lärm)) during both daytime and nighttime. The customer is responsible for monitoring and documenting compliance.
The customer is the sole organizer of the event and guarantees its proper execution. They must ensure compliance with all other legal requirements for conducting the event.
The customer indemnifies HopsBeach upon first demand from any claims by third parties and from costs incurred in defending against such claims, unless the customer is not responsible for the violation.
12.3 If HopsBeach accepts, processes, stores, or dispatches mail (of any kind or form) on behalf of the customer, the customer indemnifies HopsBeach upon first demand from any claims by third parties and from costs incurred in defending against such claims arising from the content of the mail.
13. Liability of HopsBeach towards the Customer
13.1 Liability without fault for initial defects according to § 536a BGB (German Civil Code) is excluded.
13.2 HopsBeach does not warrant that the premises provided comply with the Workplace Ordinance, Workplace Directive, or other labor law regulations affecting the customer’s business operations.
13.3 When renting conference rooms and event spaces, HopsBeach does not guarantee the issuance or continuity of permits, approvals, licenses, or other administrative acts required for the event.
13.4 HopsBeach is liable only for its own actions (act or omission) and that of its agents. HopsBeach is not liable for the actions of third parties (particularly other users).
13.5 HopsBeach is liable to the customer according to statutory provisions in cases of assuming guarantees, deceit, negligent violation of life, body, or health, and under the Product Liability Act.
Otherwise, HopsBeach is liable to the customer for (simple or slight) negligence only if (i) there is a violation of life, body, or health (personal injury) or (ii) there is a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the customer relies and may rely (“cardinal obligations”).
Otherwise, HopsBeach is liable only for willful intent or gross negligence.
13.6 Except for liability for personal injury and breaches of duty in cases of willful intent and gross negligence, liability is limited in amount to compensation for foreseeable, contract-typical damages at the time of contract conclusion, but not exceeding the gross total remuneration payable by the customer under the contract.
13.7 In all other respects, liability of HopsBeach is excluded.
13.8 HopsBeach may request proof of adequate insurance from the customer at any time.
14. Termination of Contract, Cancellation, Exclusion of Implicit Renewal
14.1 If HopsBeach receives notice of cancellation for a workspace/event space/office space
• up to the 10th working day (Monday to Friday) before the start of use, cancellation is free of charge
• up to the 5th working day before the start of use, 50% of the agreed remuneration is due
• up to the 2nd working day before the start of use, 70% of the agreed remuneration is due
• for later cancellations, 100% of the agreed remuneration is due
14.2 If the lease agreement for a workspace or office space is for a fixed term, ordinary termination is mutually excluded during this period.
14.3 If the lease agreement for a workspace or office space is for an indefinite period, it may be terminated by either party with a notice period of 14 days to the end of the month.
14.4 Both parties reserve the right to terminate the agreement without notice for good cause.
If the good cause arises from a breach of contract (act or omission), termination is only permissible after an unsuccessful deadline set for remedy or after unsuccessful warning. A deadline for remedy or warning is unnecessary if the customer definitively refuses to change their behavior or if there are special circumstances that justify immediate termination after weighing the interests of both parties.
Good cause exists for HopsBeach in particular,
if there is unauthorized subletting or transfer of use according to clause 6.3;
for violations of usage and behavioral rules according to the preceding clauses 6 or 7;
if HopsBeach becomes aware of circumstances indicating a substantial deterioration in the customer’s financial circumstances after contract conclusion.
A cultural space has been booked under misleading or false information about essential facts, especially about the identity of the organizer or purpose;
due to facts giving rise to reasonable suspicion that the planned event on the cultural space jeopardizes the smooth business operations, the safety of the coworking space, or the reputation of HopsBeach in the public eye.
14.5 The provision of § 545 BGB regarding the automatic extension of the contractual relationship does not apply. If the customer continues to use the workspaces or premises after the contract period expires, the contractual relationship therefore does not extend indefinitely.
15. Duties upon Termination, Costs of Substitution / Service Flat Rate, Use Compensation
15.1 Upon termination of the contract, the customer must vacate the workspace completely, in a swept-clean, defect-free, and usable condition. If the customer fails to do so, HopsBeach may restore the required condition at the customer’s expense without prior notice; in this case, the customer additionally owes a service flat rate amounting to 20% of the net restoration costs. The customer may provide evidence that HopsBeach incurred lower expenses.
15.2 HopsBeach will remove and store items left behind at the customer’s expense. If removal or storage involves disproportionately high effort, HopsBeach may leave the items in the coworking space and charge the agreed usage fee as compensation for the duration of their remaining.
15.3 If the customer does not return the workspace or event premises in the contractually agreed condition at the end of the contract, compensation for use is due. This amounts to at least the agreed usage fee.
16. Printed Matter/Media Advertisements
Any use of logos and images of HopsBeach by the customer requires prior written permission from HopsBeach. If logos and images are used without consent, HopsBeach may withdraw from the contract. The customer is liable for all damages incurred by HopsBeach due to the use of these logos and images.
17. Applicable Law, Jurisdiction Agreement, Written Form Clause, Place of Performance
17.1 The laws of the Federal Republic of Germany apply.
17.2 Should individual provisions of these terms and conditions be or become invalid or void, this does not affect the validity of the remaining provisions. Section 306 of the German Civil Code (BGB) remains unaffected.
17.3 Oral collateral agreements, amendments, or supplements to these terms and conditions, contracts concluded between HopsBeach and the customer, as well as approvals to be granted by HopsBeach on a case-by-case basis, require written form to be effective. This also applies to this clause. Changes not complying with the written form are ineffective.
17.4 The place of performance and payment is the registered office of HopsBeach (Rohrbach a.d. Ilm).
17.5 If the customer is a merchant (Kaufmann) under German law, the place of jurisdiction for all disputes, regardless of their legal basis, shall be the registered office of the operator, namely Konstanz. This does not apply if another place of jurisdiction is mandatorily prescribed by law.
18. Access Agreement & Coworking Rules
HopsBeach Access Agreement and Coworking Rules are integral parts of these terms and conditions.
19. Data Protection Information
19.1 The responsible entity under data protection laws is HopsBeach, represented by Gründerschiff UG & Co. KG, Brückengasse 1b, 78462 Konstanz, represented by Moritz Meidert and Anika Frischknecht, Tel. 07531 5848360, email: [email protected]
19.2 Data is collected, stored, and processed within the framework of legal provisions during the initiation, conclusion, processing, and reversal of the contract with HopsBeach.
If personal data is provided by the customer, it will only be used for processing the contract concluded with the customer, for technical administration, and to respond to their inquiries.
Personal data will only be disclosed to third parties or otherwise transmitted if necessary for the purpose of contract processing, transfer, or termination, and/or if the customer has consented beforehand. Where HopsBeach uses third-party services for the execution and processing of data processes, the provisions of the Federal Data Protection Act are complied with.
19.3 Stored personal data will be deleted when its knowledge is no longer necessary to fulfill the purpose pursued by the storage, when storage is impermissible for other legal reasons, or when the customer revokes their consent to storage of the data.
Should the customer no longer agree to the storage of their personal data or if such data becomes incorrect, HopsBeach will, upon corresponding instructions within the framework of legal provisions, arrange for the deletion, correction, or blocking of the data. Upon request, the customer will receive free information about all personal data stored by HopsBeach. For inquiries regarding the collection, processing, or use of personal data, as well as for information, correction, blocking, or deletion of data, a simple message is sufficient. The contact details provided under Clause IX.1 can be used for this purpose without incurring other costs than the transmission costs according to the basic tariff.
Changes to these General Terms and Conditions are reserved.
Konstanz, February 2023