Coworking Mallorca

Describes the terms and conditions you agree to when using our services.

§ 1 General Provisions

The following General Terms and Conditions apply to all services provided by Coworking Mallorca (Sven Bergerhausen), Carrer de la Garsa 6, 07610 Palma de Mallorca, Spain, hereinafter: “Coworking Mallorca”, which provides these to its users. By submitting an offer to conclude a contract, the user accepts the General Terms and Conditions as amended from time to time. If the user negotiates an individual contract of use with Coworking Mallorca, the provisions of this contract shall take precedence. In such a case, the general terms and conditions of Coworking Mallorca shall apply in addition. General terms and conditions of the user that contradict or go beyond these GTC shall have no validity without an express written confirmation by Coworking Mallorca. The offer of Coworking Mallorca is directed at entrepreneurs. The offer of Coworking Mallorca is directed at entrepreneurs. An entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract. With regard to the amendment of the general terms and conditions, §20 also applies.

§ 2 Conclusion of contract

By making an online booking or ordering a service in the business premises of Coworking Mallorca, the user submits a binding offer to conclude a contract. In this case, the contract is concluded upon acceptance of the offer by Coworking Mallorca, which can be made orally, in writing, by telephone, via Facebook Messenger, via WhatsApp or via email. However, in the case of contracts with a minimum term of more than one year, the parties shall comply with the legally required written form. A user has no claim to acceptance of his or her offer to conclude a contract of use. Coworking Mallorca may refuse the conclusion of a contract at any time and without giving reasons. The user warrants that the information provided by him or her at the start of the contract is complete and correct. Incorrect or incomplete information will be corrected or completed by the user without delay – even if the incompleteness / incorrectness only occurs during the term of the contract.

§ 3 Benefits

Coworking Mallorca offers users the use of coworking spaces and additional services (e.g. office services, food and beverages) at several locations during certain opening hours. The prices for the individual services can be found on the website and in the price lists on site.

Coworking Mallorca is at liberty to grant advantages and benefits beyond the contractual scope of services only to individual users and only temporarily and to reverse this at any time without this giving rise to claims of any kind whatsoever for the user(s) concerned. Coworking Mallorca may make the granting of services exceeding the owed range of services dependent on the payment of additional remuneration. A service booked by a user is not transferable to other persons, unless Coworking Mallorca has expressly agreed to a transfer in writing in advance.

§ 4 Utilization

By submitting their offer, users declare that they are familiar with the premises of the Coworking Mallorca locations, in particular with regard to equipment and opening hours. After acceptance of the offer by Coworking Mallorca, the users may use the rooms and facilities as offices for the booked period, subject to availability. Any other use requires the permission of Coworking Mallorca.

§ 5 Protection from competition

Any protection from competition is excluded.

§ 6 Use of the Internet

The following applies to the use of the internet access provided by Coworking Mallorca: The user undertakes to respect and comply with all applicable local, national and, if applicable, international laws and guidelines; in particular, to comply with Spanish laws also in data traffic via the operator (Coworking Mallorca) and to report violations of the law to Coworking Mallorca at the email: mail@coworking-mallorca.com. The user alone is responsible for all his/her actions and omissions in the context of internet use. The user is subject to legal restrictions on the retrieval, storage, transmission, distribution and display of certain content. These include, in particular, copyright restrictions. Copying, distributing or downloading copyrighted music or films is strictly prohibited. In the event of a culpable violation of this obligation that results in damage to Coworking Mallorca, the user shall compensate Coworking Mallorca for this damage. Coworking Mallorca also reserves the right of termination without notice in this case The user does not undertake any attempts of unauthorised access to the infrastructure through hacking or similar methods.

The user confirms that he/she will not use the services and infrastructure of Coworking Mallorca for any of the activities listed below: Use in connection with sweepstakes, MLM (pyramid schemes), chain letters, spam e-mail, or any other type of unsolicited messages or advertising, defamation, abuse, harassment, stalking, hate speech, threats or any other violation of legal provisions (such as protection of privacy, personal rights) of persons or companies inside or outside the coworking space, dissemination of immoral, offensive, pornographic or other unlawful materials or data within or via the infrastructure provided by Coworking Mallorca, as well as dissemination of data containing viruses, Trojans, worms, bots or other malware. Furthermore, the illegal downloading of copyrighted data, activities that are accompanied by noise, odour or other nuisance as well as the provision of false identity data are prohibited. In the event of a violation, Coworking Mallorca may terminate the user relationship without notice if the user repeats the violation or fails to end it despite a warning. In the case of a particularly serious violation, a warning is not required.

§ 7 Payment

When booking or using any services, the respective fee is directly due for payment in advance.

Payment can be made on site by credit card, cash, PayPal or Bizum.

§ 8 Term of contract

n the case of services that have a duration of hours or days, the start and end of the contract is determined by the time of the respective use by the user. By way of example, in the case of the “Pase diario” service, the start of the contract is the time at which the user has selected a workstation and the latest end is the time at which Coworking Mallorca closes on the same day (opening hours). In any case, the user shall vacate the desk or meeting room in due time.

§ 9 Termination

Services that are agreed for a certain period of time (e.g. 1 day, or the agreed fixed contract term) cannot be terminated during the fixed term and after successful payment by the user. The right to extraordinary termination without notice remains unaffected.

§ 10 Data protection

Coworking Mallorca’s privacy policy can be viewed at any time online or via the notice board on site.

§ 11 Liability, reduction, set-off, temporary impairment of use or closure

The strict liability of Coworking Mallorca – with the exception of defects of title – is excluded. Coworking Mallorca is only liable for intent and gross negligence. This limitation of liability does not apply in the case of culpable injury to life, body or health or essential contractual obligations, which enable the proper execution of the contract in the first place and on whose fulfilment the user may rely A breach of duty by Coworking Mallorca is equivalent to a breach of duty by its legal representatives or vicarious agents. In the case of Coworking Mallorca’s liability, this is limited to the foreseeable and contract-typical damage. There is no liability for consequential damages, in particular for loss of profit or compensation for damages of third parties, unless Coworking Mallorca or its legal representatives or vicarious agents have caused such damages intentionally or through gross negligence. Insofar as public law, official or other requirements, orders or regulations result in Coworking Mallorca no longer being able to grant the use as agreed, but only in a modified form, the following shall apply: If Coworking Mallorca is able to fulfil the requirements, such as through a change in the room layout or conversion measures, Coworking Mallorca may require the user to agree to these measures and the user must tolerate them, provided that this is reasonable for the user. Furthermore, Coworking Mallorca may demand a corresponding adjustment of the contract of use. The user may only reduce the usage fee if his or her use is significantly restricted. If the fulfilment of the requirements, orders or provisions is not possible, not economically reasonable for Coworking Mallorca or if the user invokes the unreasonableness of the measures, Coworking Mallorca may terminate the usage relationship with one month’s notice. A claim for damages by the user in this case is excluded. Should Coworking Mallorca be forced to temporarily close individual areas or the entire space due to an official order, the usage fee shall be reduced to the extent that the user’s possibility of use is restricted or cancelled, provided that the cause for the order does not lie with the user. The same applies in the event that Coworking Mallorca decides to temporarily close parts or the entire Space due to urgent reasons for which Coworking Mallorca is not the cause (e.g. to prevent the spread of contagious diseases, other health hazards, construction defects or similar important reasons). However, if Coworking Mallorca can objectively continue to make the space available, the legal distribution of risk remains, according to which Coworking Mallorca guarantees the usability of the space and the user bears its operating risk. Unless otherwise agreed or unless otherwise provided by mandatory law, any claims for expenses or damages by the user in this context are excluded. The user is not entitled to a right of termination if the closure is of a temporary nature and does not last longer than three months at a time or if the cause lies with the user. If Coworking Mallorca offers the user substitute spaces at the same location that are just as suitable as those specified in the usage agreement, the user will temporarily switch to these spaces in order to help keep the overall damage to a minimum.

If Coworking Mallorca is not at fault for the closure and Coworking Mallorca offers the user substitute space at another location that is spatially just as suitable as the space specified in the contract of use, the user must temporarily switch to this space if this is reasonable for the user and provided that there are no important reasons to the contrary, which must be explained by the user. A longer journey for employees does not constitute an important reason, provided that the alternative location is in the same city area. If the user is prepared to switch to alternative premises which are objectively less suitable, the parties shall negotiate a temporary reduction of the user fee in an appropriate amount. Necessary expenses incurred by the user in connection with the relocation shall be borne equally by the parties upon proof. The user shall be liable to Coworking Mallorca for any damage caused by him/her, his/her relatives, his/her employees or other persons who come into contact with the object specified in the user agreement at his/her instigation. The user is liable towards Coworking Mallorca in particular also for claims made against Coworking Mallorca by third parties, especially with regard to damages that are asserted as a result of the use of the internet access provided by Coworking Mallorca (e.g. by way of “Stoererhaftung” (Breach of Duty of Care)). Coworking Mallorca’s liability for third parties, such as electricity, water and heating suppliers, is excluded to the extent permitted by law. Coworking Mallorca is, however,

obliged to arrange for immediate remedial action in the event of any disruptions or interruptions to supply. An interruption of the supply by a third party lasting less than one week does not entitle the user to a reduction in price or compensation, unless the interruption completely nullifies the usability of the space. The user is aware that access to the space is partly organised via an electronic access system. Coworking Mallorca is not liable for disruptions in the access to the Space, the causes of which do not lie with Coworking Mallorca, but with the third party provider Sensorberg.

Unless otherwise agreed in this contract, the user is not entitled to reduce or retain the usage fee. The user’s right to reclaim overpaid usage fees according to § 812 BGB remains unaffected. A set-off against claims of Coworking Mallorca is only possible with such claims of the user that are either undisputed or legally established.

§ 12 House rules

Coworking Mallorca and its users have an interest in a professional and non-disruptive working environment. Each user is therefore obliged to interfere as little as possible with other users in their work and to avoid disturbances. The employees of Coworking Mallorca monitor compliance with the house rules and the trouble-free coexistence of the users. Their instructions must therefore be followed by the users. It is not allowed to bring food and/or drinks. Coworking Mallorca offers a selection of food and beverages for sale.

§ 13 Final provisions

Coworking Mallorca reserves the right to amend these General Terms and Conditions and their appendices at any time, provided that the respective amendments are made for valid reasons. Valid reasons are in particular – but not conclusively – the change of laws, jurisdiction or technical requirements. An amendment shall not be made insofar as this would destroy the contractual balance. If Coworking Mallorca changes the general terms and conditions in a way that leads to a substantial change in the contract, Coworking Mallorca will send the user the changed terms and conditions with reference to the changes. The amendments shall become effective if the user does not object to them within two weeks. The contract of use shall be governed exclusively by German law. If the user is an entrepreneur, the place of jurisdiction for all disputes arising from or on the basis of the contract of use shall be the place of the respective agreement of use. There are no verbal subsidiary agreements to this contract. Amendments or supplements to the contract shall only be effective if they are agreed in writing. If any provision of this contract is or becomes invalid, this shall not affect the validity of the contract. Rather, in such a case, the parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that corresponds as closely as possible to the spirit and purpose of the provision to be replaced; the same shall apply to any gaps in the contract.

If the term is more than one year, the parties undertake to comply with the written form requirement under section 550 of the German Civil Code (BGB) and to remedy any written form errors. If the legislator introduces new regulations on the written form requirement in tenancy law, the parties undertake to adapt the written form clause in this contract, if necessary, so that it complies with the legal requirements and the usage relationship cannot be terminated due to errors in the written form.