TERMS & CONDITIONS – COWORKING / EVENTS
Clouth. Nr. 1 Hotelbetriebs GmbH
Rathausgasse 17
12529 Schönefeld
Germany
Version of the GTC: 10 July 2026A.
General Part
Section 1 – Scope of Application, Contracting Parties and Definitions
1.1 These General Terms and Conditions ("GTC") apply to all agreements between the operator of coworking and event facilities (the "Operator") and its customers (the "Customer") regarding the temporary use of:
• coworking areas (flexible workspaces);
• meeting and conference rooms; and
• event spaces (in particular for workshops, seminars, corporate events, networking events and similar purposes),
including any additional services agreed in each case. They shall also apply to all future services and offers without the need for renewed agreement.
1.2 These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers within the meaning of Section 13 BGB are not concluded.
1.3 In the event of conflicting contractual provisions, the following order of precedence shall apply:
(a) Individual agreements;
(b) Individual contract / booking confirmation;
(c) Offer;
(d) These GTC;
(e) Statutory provisions.
1.4 These GTC shall apply exclusively. Any general terms and conditions of the Customer shall not apply, even if the Operator does not expressly object to them or performs services with knowledge of such deviating terms.
1.5 "Premises" within the meaning of these GTC shall mean coworking areas, meeting rooms and event spaces within the Clouth 104 building, including any ancillary areas rented together therewith and any common areas contractually included (e.g. rooftop terraces and communal courtyard).
Section 2 – Subject Matter and Scope of Services
2.1 The Operator grants the Customer the right to use the Premises to the agreed extent for the contractually agreed period of use. No further possessory or tenancy rights shall be granted unless expressly agreed as a lease agreement.
2.2 The scope of services includes in particular:
• coworking services;
• meeting and conference rooms;
• event spaces (Event 1 / Event 2 and similar) for corporate and other events; and
• optional additional services (catering, beverages, technical equipment, presentation materials, supporting programmes, virtual business address, lockers/storage facilities).
2.3 The Premises shall be provided in a condition suitable for the contractually agreed purpose. A particular standard of equipment or decoration shall only be owed if expressly agreed. Any additional equipment (e.g. specialised technical equipment or stage construction) shall be separately agreed and remunerated.
2.4 The Operator shall be entitled to assign Premises other than those originally designated, provided that such Premises are comparable in terms of size, location and equipment and reasonably permit use for the agreed purpose. Such reassignment shall not result in any material impairment of the contractually intended use. The Operator shall inform the Customer thereof without undue delay.
Section 3 – Conclusion of Contract, Booking Channels and Electronic Communication
3.1 The subject matter of the contract, periods of use, services and prices shall be determined by the individual offer or the electronic booking interface.
3.2 The contract shall be concluded by:
(a) acceptance by the Customer of the Operator's written or electronic offer (e.g. by e-mail confirmation or digital signature); or
(b) electronic booking through the booking system followed by a booking confirmation.
Where the Operator issues a booking confirmation, its contents shall be decisive unless the Customer objects without undue delay in text form.
3.3 The Operator generally communicates electronically, in particular by e-mail. The Customer shall ensure that the e-mail address provided is correct and capable of receiving e-mails from the Operator. Electronically transmitted declarations shall be deemed received as soon as they are retrievable in the Customer's electronic mailbox, unless stricter statutory proof of receipt is required.
3.4 In the case of bookings via intermediaries or platforms (e.g. external event portals), the respective platform conditions shall additionally apply.
Section 4 – Domiciliary Rights, House Rules and Conduct Obligations
4.1 The Operator or its property management exercises domiciliary rights throughout the Clouth 104 building. Instructions issued by personnel must be complied with. The Operator may refuse entry to or remove persons from the premises if they violate the house rules, impair safety, order or operations, or harass or endanger other users or third parties.
4.2 The house rules for the Clouth 104 building (Annex) form an integral part of the contract. The Customer undertakes to comply with the house rules and to ensure compliance by its employees, vicarious agents, speakers, participants and other third parties, for whose conduct the Customer shall be liable as for its own.
4.3 In particular, the following provisions shall be observed:
• cleanliness, noise protection and fire safety requirements;
• smoking prohibition within the building;
• prohibition on storing objects in corridors and common areas;
• proper use of energy and technical facilities;
• use of emergency exits and escape routes only in emergencies; and
• prohibition on bringing bicycles, small vehicles and animals into the building (except for aids used by persons with disabilities).
4.4 In the event of serious or repeated breaches of these GTC or the house rules by an individual user or participant, particularly where the safety, health or property of other users is endangered, the Operator shall be entitled to temporarily or permanently prohibit such person from entering the building and the Premises and to terminate the contract extraordinarily. To the extent such circumstances are attributable to the Customer, the Customer's payment obligations shall remain unaffected. Further rights of the Operator shall remain reserved.
Section 5 – Use by Third Parties, Subletting / Transfer and Non-Competition
5.1 Any paid or unpaid transfer of the Premises to third parties (subletting or re-letting) or any other granting of use to third parties shall not be permitted without the Operator's prior express consent. This shall also apply to the transfer of bookings or tickets to other companies unless permitted in the individual case.
5.2 The Customer may permit an appropriate number of participants and guests to attend meetings or events. The Customer shall be responsible for such third parties and liable for all damage caused by invited or admitted persons to the rooms, inventory or technical facilities of the Operator.
5.3 Use of the Premises for the provision of services that are in direct competition with the Operator's coworking and event services shall be prohibited without the Operator's prior express consent.
Section 6 – Infrastructure, Wi-Fi, Fair Use and Misuse
6.1 To the extent that the Operator provides the Customer and its users with Wi-Fi/internet access, printers, meeting equipment, common areas (e.g. rooftop terraces) or other infrastructure, such services shall – unless otherwise specified in the offer – be provided as ancillary services without any guarantee of uninterrupted availability. Claims arising from temporary outages or bandwidth limitations shall exist only in accordance with the liability provisions of these GTC.
6.2 The Customer shall be responsible for the use of the Wi-Fi/internet access by itself, its employees and guests. In particular, it is prohibited to download, distribute or otherwise use content in violation of copyright laws or other applicable laws. The Customer shall indemnify and hold the Operator harmless against all third-party claims arising from unlawful use of the internet access by the Customer or users authorised by it, provided that the Customer is responsible for such use.
6.3 The Operator may impose bandwidth limits and fair-use rules, particularly regarding streaming, download and upload volumes, in order to ensure proper operation for all users. Any business-critical additional requirements must be coordinated with the Operator in advance.
6.4 The Customer acknowledges that the Operator provides internet access only as an ancillary service and that technical disruptions, maintenance work or bandwidth limitations cannot be entirely excluded. The Customer is obliged to maintain an appropriate backup solution (e.g. mobile internet access) for business-critical applications in order to avoid damage resulting from temporary unavailability or restrictions of internet access.
Section 7 – Payments, Due Dates, Invoicing and Security Deposits
7.1 The remuneration shall consist of the basic fee for use of the Premises (e.g. daily rates, conference packages, room or space fees) plus the agreed charges for additional services and consumption-based services.
7.2 Unless otherwise agreed:
• Fees for one-time use (meeting rooms, event spaces, day coworking) shall be payable in full prior to commencement of use;
• Fees for ongoing coworking models (monthly memberships) shall be payable in advance by the third business day of each month for the current month.
7.3 The Operator shall be entitled to request reasonable advance payments or security deposits. The amount and due date thereof shall be determined by the offer or booking confirmation. Security deposits shall serve to secure all claims arising from the contractual relationship and may be offset against such claims.
7.4 Rights of set-off and retention on the part of the Customer shall be excluded unless the counterclaim is undisputed or has been finally adjudicated. Claims may only be assigned with the Operator's consent.
7.5 If the Customer defaults on payment, the Operator shall be entitled to charge statutory default interest and the statutory lump-sum compensation pursuant to Section 288 (5) BGB and to withhold services (in particular access to coworking areas and meeting rooms) until full payment has been made.
Section 8 – Liability of the Operator, Property Brought onto the Premises and Indemnification
8.1 The Operator shall be liable in accordance with statutory provisions for damages resulting from injury to life, body or health caused by a culpable breach of duty by the Operator, its legal representatives or vicarious agents.
8.2 For all other damages, the Operator shall be liable without limitation in cases of intent and gross negligence. In cases of ordinary negligence, the Operator shall only be liable for breaches of essential contractual obligations (cardinal obligations). In such cases, liability shall be limited to foreseeable damages typical for the contract. Cardinal obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer may regularly rely.
8.3 Strict liability for initial defects shall be excluded to the extent permitted by law.
8.4 Subject to mandatory statutory provisions, the Operator shall assume no liability for objects, documents, data or valuables brought onto the premises by the Customer. The Customer shall appropriately safeguard such items against loss, theft or damage in its own interest (e.g. by storing them in locked cabinets or lockers or by taking them away). No insurance coverage shall be provided through the Operator. In particular, the Operator does not provide supervised cloakroom services or other custodial services unless expressly agreed otherwise.
8.5 The Operator shall only be liable for indirect damages, loss of profit and other purely financial losses in cases of intent or gross negligence.
Section 9 – Amendments to the GTC and House Rules
9.1 In the case of continuing obligations (in particular ongoing coworking memberships and framework agreements for recurring events), the Operator shall be entitled to amend these GTC with future effect for objective reasons, in particular due to:
• changes in statutory or regulatory requirements;
• developments in supreme court case law;
• adjustments to technical framework conditions (e.g. IT or security requirements); or
• changes to the range of services or operational processes, provided that these do not fundamentally alter the contractual structure.
9.2 Planned amendments shall be communicated to the Customer in text form (e.g. by e-mail) no later than four weeks before their intended effective date. Such notification shall include a comparison between the existing and the new provisions and specify the date on which the amendments are to take effect. The Customer may object to the amendments in text form no later than two weeks before the intended effective date.
9.3 The principal obligations of performance (the content of the booked packages and the agreed remuneration) may not be amended to the Customer's detriment through this procedure. Amendments to principal obligations require an express individual agreement in text form.
9.4 Notwithstanding the foregoing provisions, the Operator shall be entitled to amend or supplement the house rules and other usage guidelines to a reasonable extent where necessary to maintain proper operations, comply with legal requirements or protect the legitimate interests of other users. The Operator shall communicate such changes appropriately (e.g. by notice, e-mail or user portal). Material changes that affect the contractually owed services beyond an insignificant extent shall be communicated to the Customer in advance in text form.
Section 10 – Final Provisions
10.1 The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2 To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC and the contracts concluded thereunder shall be the registered office of the Operator.
10.3 Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the provision that most closely reflects the economic purpose of the invalid or unenforceable provision shall be deemed agreed.
10.4 Any amendments or supplements to this agreement, including these GTC, shall require text form.
B. Special Part
I. Coworking
Section 11 – Coworking Models
11.1 The Operator offers, in particular, the following coworking models:
• day passes for the use of coworking areas on a single calendar day;
• multi-use passes (10-day passes) with a specified number of usage days within a defined period; and
• ongoing coworking memberships with monthly billing.
11.2 The type, scope (usage periods, included services, any contingents for meeting rooms, etc.) and prices of the respective model selected shall be determined by the individual offer or booking confirmation.
11.3 Day passes and individual pass days are intended solely for the booked calendar day and may not be transferred to other days unless otherwise agreed in the individual case. Unless otherwise specified, multi-use passes must be redeemed within six months from the date of issue. Unused days shall expire after the validity period without replacement or compensation.
11.4 Any transfer of day passes, passes or memberships to third parties shall be excluded without the Operator's express consent. This shall not affect the designation of individual users under corporate memberships.
Section 12 – Term and Termination
12.1 Agreements for one-time use (meeting rooms, event spaces and day coworking) shall automatically terminate upon expiry of the agreed period of use.
12.2 Unless otherwise specified in the offer, contracts concerning coworking memberships shall be concluded for an indefinite period and may be terminated by either party with one month's notice to the end of a calendar month in text form. Contracts shall automatically renew for one additional month unless terminated.
12.3 The right of extraordinary termination for good cause shall remain unaffected. Good cause shall exist for the Operator in particular where the Customer:
(a) is in default with due payment obligations in an amount corresponding to two monthly fees;
(b) uses the Premises in breach of contract (in particular through unauthorised subletting or endangerment of safety or inventory);
(c) persistently breaches the house rules or behavioural obligations despite warning; or
(d) materially impairs the reputation or security of the location.
12.4 Any notice of termination shall require text form.
Section 13 – Access (24/7), Transponders/Codes – Issuance, Use, Loss and Blocking
13.1 Access to the coworking areas shall be granted by means of personalised access authorisations (e.g. transponders, key cards, digital codes or app-based access, hereinafter collectively referred to as "Access Media"). The type and number of Access Media shall be determined by the respective agreement.
13.2 Where contractually agreed, use shall be provided under a 24/7 model. Otherwise, access shall be governed by the respective opening or service hours communicated by the Operator. The Operator shall be entitled to temporarily restrict access for security or maintenance reasons or due to events. Where possible, prior notice shall be given.
13.3 Access Media are non-transferable. The Customer shall carefully safeguard its Access Media and those of its users and protect them against access by unauthorised third parties. Transfer to third parties is prohibited unless expressly permitted in the individual case.
13.4 The Customer shall notify the Operator immediately in the event of loss, theft or other disappearance of Access Media. The Operator shall be entitled to block affected Access Media immediately and provide replacements. The Operator may charge a reasonable service fee per Access Medium for deactivation, replacement or reissuance.
13.5 In the event of misuse of Access Media, particularly unauthorised transfer or multiple use by unauthorised persons, the Operator shall be entitled to block the Access Media and temporarily deny access until clarification has been obtained. Further claims, in particular claims for damages and extraordinary termination rights, shall remain unaffected.
Section 14 – Workstations, Use of Space, Clean Desk Principle and Lockers/Storage Units
14.1 Coworking areas shall be provided as open workspaces without allocation of specific individual workstations ("Hot Desk"). The Customer shall have no claim to a particular workstation, area or seat at a specific time.
14.2 The Customer and its users shall treat the workstations, rooms and inventory provided with due care. Damage and disruptions must be reported to the Operator without undue delay.
14.3 The Clean Desk Principle shall apply in all coworking areas. Workstations must be completely cleared and left in an orderly condition after each use. Personal belongings and documents may not remain permanently on desks or in common areas. The Operator shall be entitled to secure and store any items left behind and to inform the Customer accordingly.
14.4 To the extent that the Operator provides lockers or storage units as an additional service, these may only be used for storing ordinary work equipment and personal belongings of the Customer. Dangerous, perishable or legally prohibited items may not be stored.
14.5 Lockers and storage units must be properly secured by the Customer. The Operator shall not assume liability for items stored therein unless the damage results from intentional misconduct or gross negligence on the part of the Operator.
14.6 Upon termination of the contract or expiry of the agreed period of use, the Customer shall immediately clear lockers and storage units and return keys or arrange for deletion of codes. Following a reasonable grace period, the Operator shall be entitled to store abandoned items at the Customer's expense and subsequently realise or dispose of them. Any proceeds shall be remitted to the Customer after deduction of expenses.
Section 15 – Use of Common Areas and Restrictions Due to Events
15.1 Common areas (e.g. lounge areas, kitchens, rooftop terraces and circulation areas) shall be available for shared use by all authorised users within the limits of their intended function and capacity. Individual Customers shall have no exclusive right of use.
15.2 The Operator shall be entitled to reserve or temporarily close common areas in whole or in part for events, special formats or necessary measures (e.g. maintenance or cleaning). Such restrictions shall be deemed reasonable and shall not give rise to claims for reduction of fees or damages, provided that the core coworking services remain generally available.
15.3 To the extent foreseeable, the Operator shall provide timely notice of significant restrictions and shall endeavour to provide reasonable alternatives (e.g. alternative areas or relocated lounge spaces).
15.4 Any use of common areas for the Customer's own events shall require a separate agreement. In cases of doubt, the provisions governing the event area (Part II) shall apply.
Section 16 – Meeting Rooms within Coworking – Use, Booking and Availability
16.1 Meeting rooms may be used by coworking customers as an additional service. The scope of any included contingents (e.g. complimentary hours per month) and additional charges shall be determined by the respective agreement or price list.
16.2 Meeting rooms shall be booked via the booking system provided by the Operator or through the channels specified in the offer or booking confirmation. Bookings shall be binding and subject to charges.
16.3 No entitlement shall exist to the availability of a specific meeting room at a specific time. Bookings shall be allocated on a first-come, first-served basis.
16.4 Use of meeting rooms shall be limited to the agreed period and the agreed number of participants. If the agreed period is exceeded, the Operator shall be entitled to charge additional time according to the agreed or customary hourly rates. If the agreed number of participants is exceeded, the Operator may charge reasonable additional remuneration.
16.5 Meeting rooms must be left in a clean and orderly condition at the end of the usage period. Documents, materials and waste brought in by the Customer must be removed.
Section 17 – Virtual Business Address, Receipt and Forwarding of Mail, Prohibition of Misuse
17.1 Where contractually agreed, the Customer may use the business address designated by the Operator as a virtual business address. The specific scope of services (e.g. address use only, mail receipt, scanning services, forwarding by mail or courier) shall be determined by the offer.
17.2 The Operator shall not be obliged to verify the identity of senders or the legal permissibility of mail items. Mail shall be received within the framework of ordinary business practice and handled in accordance with the agreement reached.
17.3 Use of the virtual business address for unlawful, deceptive or administratively impermissible purposes is prohibited. The Customer shall bear sole responsibility for the legal admissibility of activities conducted under the address.
17.4 The Customer shall indemnify and hold the Operator harmless from all third-party claims and official measures arising from unlawful or abusive use of the virtual business address, provided that the Customer is responsible for such use.
17.5 In cases of serious or repeated misuse, the Operator shall be entitled to discontinue the virtual address service with immediate effect and to terminate the agreement for good cause.
Section 18 – Customer's Duties to Cooperate
18.1 Where the Customer registers multiple users, it shall designate a responsible administrator as the central contact person for the Operator. Such administrator shall be responsible for managing user contingents, assigning Access Media and internal communication.
18.2 The Customer shall provide the Operator with all information required for performance of the contract in a timely, complete and accurate manner, in particular names and contact details of individual users, changes in user structure and any special security requirements.
18.3 Any changes concerning the administrator or users shall be communicated to the Operator without undue delay. Until such notification is made, the Operator may issue declarations with effect for and against the Customer to the most recently designated administrator.
18.4 The Customer shall ensure that its users comply with the GTC, house rules and any usage policies of the Operator. Violations committed by users shall be deemed violations committed by the Customer.
18.5 If the Customer fails to fulfil its duties to cooperate despite a request to do so, the Operator shall be entitled to suspend performance in whole or in part until such cooperation has been provided. Deadlines and agreed response times shall be extended by the period of delay plus a reasonable restart period. Costs and additional expenses arising therefrom shall be reimbursed. Further claims shall remain unaffected.
Section 19 – Cancellation and Non-Use
19.1 Following conclusion of the contract, cancellation of booked coworking products, day passes, passes, meeting rooms or other services shall be excluded.
19.2 The agreed remuneration shall remain payable in full even if the booked services are not used or if the Customer fails to attend for reasons not attributable to the Operator.
19.3 No entitlement to rebooking shall exist. The Operator may permit rebookings on a goodwill basis in individual cases and subject to availability.
19.4 Statutory rights of withdrawal, termination and cancellation shall remain unaffected.
19.5 The Customer shall remain entitled to prove that no damage or substantially lower damage has been incurred by the Operator. The Operator shall remain entitled to prove higher damages.
Section 20 – Payment Default, Suspension of Access and Extraordinary Termination
20.1 If the Customer defaults, in whole or in part, on due payments, the Operator may, after issuing a reminder and granting a reasonable grace period:
• claim default interest and statutory lump-sum compensation in accordance with applicable law; and
• temporarily suspend access to coworking areas, meeting rooms, event spaces and supplementary services until full payment has been made.
20.2 The Operator shall inform the Customer in due time of any intended suspension of access. For periods during which use is suspended due to payment default, the Customer's obligation to pay remuneration shall remain unaffected. For a reasonable period, the Operator shall permit the Customer, by appointment, to retrieve stored mail and items deposited in lockers. Any further use may remain suspended until payment has been made in full.
20.3 The Operator shall be entitled to terminate continuing obligations extraordinarily and without notice if:
(a) the Customer is in default for two consecutive due dates with payment of a substantial part of the remuneration owed; or
(b) the Customer is in default, over a period extending beyond two due dates, with an amount corresponding to two months' remuneration; or
(c) despite prior warning, the Customer repeatedly breaches essential contractual obligations, in particular house rules, behavioural obligations or duties to cooperate.
20.4 In the event of justified extraordinary termination, the Operator shall retain its claim to remuneration that would have accrued until the next possible ordinary termination date had the contract ended properly. The Customer shall remain entitled to prove that lower damages were incurred. II. Events and Meeting Rooms (Event Area)
Section 21 – Subject Matter of Services, Workshop and Event Packages
21.1 The Operator shall provide the Customer with meeting and event spaces, including the agreed ancillary areas, for the purpose of conducting events (in particular workshops, seminars, training sessions, corporate events, networking formats and evening events).
21.2 The type and scope of the event (size, duration and number of participants), as well as the content of the booked packages (e.g. room rental, technical equipment, catering, beverage flat rates, presentation materials and support staff), shall be determined by the respective offer or booking confirmation.
Section 22 – Conclusion of Contract, Offers, Options and Booking Confirmation
22.1 Based on the Customer's enquiry, the Operator shall prepare an offer containing a description of services, prices and any option periods.
22.2 The contract shall be concluded upon timely acceptance of the offer by the Customer (e.g. countersignature or e-mail confirmation), and at the latest upon commencement of performance.
Section 23 – Advance Payments, Final Payments and Security Deposits
23.1 The Operator shall be entitled to require a reasonable advance payment and/or security deposit for events. The amount and due date shall be determined by the offer or booking confirmation.
23.2 If the agreed advance payment is not made in due time, the Operator shall, after issuing a reminder and granting a reasonable grace period, be entitled to withdraw from the contract and allocate the event space elsewhere. Further claims shall remain unaffected.
23.3 Additional services and subsequent consumption (e.g. additional catering consumption or extra technical equipment) shall be invoiced subsequently and shall become due upon receipt of the invoice.
Section 24 – Graduated Cancellation Terms and Cancellation Fees
24.1 The Customer may cancel events in accordance with the following provisions. Any cancellation shall require text form. Receipt by the Operator shall be decisive.
24.2 Unless a different schedule is agreed in the offer or booking process, the following cancellation fees shall apply (based on the agreed basic remuneration for room use and event packages):
• Cancellation up to 90 days before the start of the event: 10%;
• Cancellation 89–60 days before the start of the event: 25%;
• Cancellation 59–30 days before the start of the event: 50%;
• Cancellation 29–7 days before the start of the event: 75%;
• Cancellation less than 7 days before the start of the event or non-attendance ("No Show"): 100%.
24.3 Any non-cancellable expenses already incurred in relation to agreed additional services (in particular catering, technical equipment and third-party services) shall additionally be reimbursed in full.
24.4 The Customer shall remain entitled to prove that no damage or substantially lower damage has been incurred. The Operator shall remain entitled to prove a higher actual loss.
24.5 The foregoing cancellation fees take into account that event spaces and service capacities are generally planned and reserved well in advance and can only be reallocated elsewhere to a limited extent at short notice. The graduated structure reflects both the increasing proximity to the event date and the regular advance services incurred (e.g. personnel planning and reservation of technical equipment and catering).
Section 25 – Third-Party Services of the Customer, Approval Requirement and Corkage Fees
25.1 Catering, beverages, technical equipment, music and supporting programmes shall generally be procured through the Operator or its contractual partners unless expressly permitted otherwise in the offer.
25.2 In such cases, the Operator may charge an appropriate corkage fee and/or service fee for bringing in food and beverages supplied by the Customer. The amount thereof shall be agreed in advance.
Section 26 – Communal Courtyard and Outdoor Areas – Use, Reservation of Rights to Modify Services and Alternative Areas
26.1 To the extent that the Customer is contractually granted the use of the communal courtyard or other outdoor areas, such use shall be subject to availability, the rights of other authorised users and applicable public law requirements.
26.2 Due to circumstances beyond the Operator's control (e.g. parallel third-party events, construction or maintenance measures, or official requirements), the Operator may restrict or prohibit use of the courtyard or individual outdoor areas.
26.3 If such restrictions result in the contractual purpose of the event no longer being reasonably achievable and the Operator is responsible for the impediment, the Customer shall have the statutory rights available to it.
Section 27 – Technical Equipment, Music, Noise Levels and Regulatory Requirements
27.1 To the extent agreed, the Operator shall provide technical equipment (e.g. projectors, sound and lighting systems and microphones). The Customer shall use such equipment only for its intended purpose and comply with instructions issued by personnel.
27.2 The Customer's own technical equipment may only be used following prior coordination with the Operator. Such equipment must comply with applicable safety regulations. The Operator may prohibit its use where risks or disruptions are to be expected.
27.3 The Customer shall be responsible for compliance with noise limits, quiet hours and other official requirements. The Operator shall be entitled to impose reasonable limitations on noise levels for reasons of emissions protection or building safety.
27.4 Any required official permits (e.g. for special events, music use or GEMA registrations) shall be obtained by the Customer at its own responsibility unless otherwise agreed in the individual case.
Section 28 – Liability of the Organiser for Participants, Employees and Property Brought onto the Premises
28.1 The Customer/Organiser shall be liable vis-à-vis the Operator for all damage to rooms, inventory and technical equipment caused by itself, its employees, speakers, participants or other attributable third parties.
28.2 The Customer shall take appropriate measures to safeguard items brought onto the premises (e.g. equipment, exhibition items or cloakroom items). Supervision or safekeeping by the Operator shall only be provided where expressly agreed. The Operator shall only be liable for loss of or damage to property brought onto the premises in accordance with the general liability provisions of the General Part.
28.3 The Customer shall indemnify and hold the Operator harmless from claims brought by participants or other third parties to the extent that such claims are based on conduct attributable to the Customer, its employees or agents and the Customer is responsible for such conduct.
Section 29 – Withdrawal and Extraordinary Termination for Good Cause; Consequences of Termination
29.1 Both parties shall have the right to terminate the contract extraordinarily for good cause. Good cause shall exist in particular where the Customer changes the purpose of the event in a manner that is unreasonable for the Operator (e.g. politically or legally problematic content).
29.2 In the event of good cause attributable to the Customer, the Operator shall retain its claim to the agreed remuneration, less expenses saved and any amounts obtained or maliciously omitted through alternative use of capacities. The Customer shall remain entitled to prove that no damage or substantially lower damage has been incurred. The Operator shall remain entitled to prove higher damages.
29.3 Notices of termination shall require text form.
ANNEX - HOUSE RULES
These House Rules apply to all persons who have concluded a contract or booking with KairosRed and who are present within the building or on the outdoor areas of the building.
Section 1 – Order, Safety and Cleanliness within the Clouth 104 Building
1.1 Cleanliness within the Building / General Conduct
Users may only use the rented premises in accordance with the contractual purpose.
The respective users shall be responsible for maintaining order within the rented premises. Toilets and washbasins used must be kept clean.
Blockages, defects of any kind and any identifiable damage must be reported to the Provider.
The rooms must be ventilated regularly and all noise protection and environmental protection regulations must be carefully observed. Windows must remain closed during storms, rain or snowfall.
No objects may be placed or stored outside the rented premises or within common areas.
Waste must be disposed of in the designated containers.
Use of the elevators is at the user's own risk.
Bicycles, small motorcycles and animals may not be brought into the building, except for aids used by persons with disabilities.
Smoking is prohibited throughout the building. The building is equipped with a fire alarm system.
1.2 Signage, Notices and Announcements
All signage throughout the building and within the rooms must be observed.
Permanent attachment of signs, posters or stickers to walls, doors, glass surfaces or other building surfaces is prohibited.
1.3 Energy Use
Heating systems, air purifiers, lighting systems and technical equipment may only be operated within the agreed contractual scope and only while the premises are actually being used.
During the heating season, radiators must be turned down when leaving the rooms.
1.4 Fire Protection and Evacuation
Open flames and smoking are prohibited within the premises.
Highly flammable and fire-hazardous materials, such as batteries for electric vehicles, may only be stored in specifically designated rooms.
Fire extinguishers are installed and appropriately marked throughout the building and within designated rooms by the building management and KairosRed.
All official fire prevention and fire-fighting regulations must be observed, including:
• Everyone shall act in such a manner as to prevent fires from occurring, in particular by observing smoking prohibitions;
• Electrical switchboards must be kept unobstructed;
• No objects or combustible materials may be placed on heaters;
• Electrical devices must not be operated unattended;
• Defects that may cause or facilitate fires must be remedied immediately or reported to KairosRed;
• Corridors, hallways, stairways, fire extinguishers and exits must not be obstructed; fire extinguishers must remain clearly visible.
In the event of fire:
• Remain calm;
• Alert the fire brigade – emergency number 112;
• Move to safety, warn endangered persons and assist persons requiring help;
• Follow instructions issued by emergency personnel;
• Attempt extinguishing measures using available fire extinguishers where safe to do so.
In the event of evacuation due to incidents with foreseeable or actual serious consequences, such as fire alarms, fires, explosions or bomb threats, the designated escape routes, emergency exits and emergency escape openings must be used.
Displayed evacuation plans must be observed.
During an evacuation, all windows must be closed. Doors to rooms shall only be left ajar and must not be locked.
All users and visitors present within the building must proceed to the designated assembly point.
1.5 Emergency Exits
Emergency escape openings, escape routes and emergency exits are marked in accordance with applicable workplace regulations.
Where necessary, all emergency exits specified in the evacuation plan must be used in addition to the main entrance.
Elevators must not be used in the event of fire.
Where exits are impassable, evacuation may be carried out by means of fire brigade ladders, rescue sheets or comparable rescue measures.
Escape routes, emergency exits and emergency escape openings must be kept clear at all times.
1.6 Structural and Other Defects, Disruptions
Structural defects and other defects (including repairs to furniture and similar items) must be reported to KairosRed.
In the event of disruptions or damage to water pipes or electrical installations, immediate measures must be taken to shut them off or disconnect them.
If this cannot be done independently, KairosRed must immediately be informed by telephone at +49 152 595 643 48.
1.7 General Provisions
Coffee machines may only be operated in rooms specifically designated for this purpose (tea kitchens and mini kitchens).
The operation of coffee machines in other rooms is prohibited.
Section 2 – Security of the Clouth 104 Building
Opening and locking of rooms and entrance doors to the Clouth 104 building shall be carried out by the user who is the first to enter or the last to leave the rented premises or the building.
The official entrance and access area to the building's inner courtyard must always remain open and unobstructed.
Section 3 – Access Authorisations for the Clouth 104 Building
3.1 Storage and Handling of Access Authorisations (Keys / Transponders / Codes)
The building is equipped with an access control system.
Access authorisations shall be issued and returned by KairosRed based on a key protocol or via the Salto JustIn App.
Issuance and return of access authorisations through key protocols shall be documented by KairosRed.
Access authorisations for lockers or cabinets must be kept personally and securely for the duration of the contractual term and protected from unauthorised access.
Upon expiry of the contractual period of use, access authorisations must immediately be returned to KairosRed.
KairosRed retains all necessary master keys and replacement access authorisations.
In emergency situations, KairosRed reserves the right to access rooms, lockers and cabinets.
3.2 Loss of Access Authorisations
Any loss of access authorisations must immediately be reported to KairosRed.
If the access authorisation is not recovered on the day of loss, KairosRed or the building management shall initiate appropriate measures to restore building security.
Compensation for damages must be paid in the event of loss of access authorisations.
Section 4 – Maintenance of House Rules and Operations
In the event of disruptions, KairosRed and the persons responsible for the building shall take all measures necessary to maintain compliance with the house rules and ensure continued operations.
KairosRed and the building management are responsible for enforcing the house rules and maintaining operational order.
Section 5 – Final Provisions
The designations used in these House Rules apply equally to all genders.
KairosRed reserves the right, where necessary, to amend or supplement these House Rules in the interests of users and tenants.
Such amendments and supplements shall become part of the usage or rental agreement upon notification to the user or tenant.
The user or tenant acknowledges these House Rules as binding.
Any violation of the House Rules shall constitute use of the rental object contrary to contract.
In serious cases or in the event of repeated violations, KairosRed may terminate the contractual relationship without observing any notice period.
The user or tenant shall be liable for all damages incurred by KairosRed as a result of breaches or non-observance of these House Rules, including, in particular, failure to comply with notification obligations.