Terms & Conditions
Terms and Conditions of MotionLab ML GmbH
§ 1 General
The following General Terms and Conditions apply to all services of MotionLab ML GmbH, hereinafter: MotionLab, which it provides to its users / contractual partners.
The offer is primarily aimed at entrepreneurs (freelancers, self-employed persons or tradespeople – including legal entities), but also at private clients as well as associations, parties and community events. In the following, this contractual partner is also called user or customer.
§ 2 Description of services
The subject of MotionLab’s offers and services is the provision of coworking spaces, meeting rooms and event rooms in the premises designated as coworking space at the location Bouchéstrasse 12, Halle 20, 12435 Berlin, including Internet use (WLAN) within the scope of the services offered. MotionLab also provides additional services, such as making the premises available for events and the rental/use of changing machines (such as 3D printers, lasers, water cutters, deep-drawing machines, sintering machines, CNC milling machines, stationary drills, lathes, electrical tools for wood and metal processing) by arrangement, prior instruction and availability.
Depending on the selected scope of services, the possibility of using certain services is limited to a certain type of use and / or a certain time. The offered services and prices can be viewed at http://motionlab.berlin/.
The office workplaces are equipped with a table, swivel chair, power supply and WLAN on request.
Without MotionLab’s express permission, the user is not authorized to allow third parties to use the rental property, in particular to sublet it.
Users may access the location operated by MotionLab, MotionLab Bouchéstrasse, during general opening hours. The opening hours can be viewed on the website (www.motionlab.berlin).
Users shall receive a personal key/access medium per workstation or per team (depending on the agreement) and, with this, shall have access to the MotionLab coworking space during general opening hours.
§ 3 Prohibited use
The use of the offer for illegal purposes or purposes excluded in this contract is not permitted.
In particular, the user undertakes not to use the services in a way that leads to damage, destruction, overload or other uselessness of the infrastructure provided or causes disturbances of the same for other users.
The user shall not attempt unauthorized access to the infrastructure by hacking or similar methods.
The user confirms that he will not use the services and infrastructure for any of the activities listed below:
- Use in connection with lotteries, snowball systems, chain letters, SPAM e-mail, or any other kind of unsolicited messages or advertising;
- defamation, harassment, abuse, stalking, threatening or any other violation of legal regulations (such as protection of privacy, personal rights) of persons or companies inside or outside the coworking space;
- Distribution of offensive, indecent, pornographic or other illegal material or data within or through the provided infrastructure;
- Provision or distribution of data containing images, moving images, software or other material that is subject to intellectual property laws (e.g. trademark law), unless the user is the owner of the rights or is authorized to distribute the data;
- distribution of data containing viruses, trojans, worms, bots or other malicious software; illegal download of data protected by copyright;
- preventing or hindering other users from accessing and using the services and infrastructure;
- unlawful acquisition of information from other users, in particular their e-mail addresses, without their consent.
§ 4 Conclusion of contract
(1) By booking the selected service on site, the user makes a binding offer to conclude a contract. The contract shall not be concluded until MotionLab accepts the offer.
(2) The user has no claim to conclusion of a contract. MotionLab is free to reject any offer by a user to conclude a contract without stating reasons.
(3) Upon conclusion of the contract, the User warrants that the data provided is complete and true. The user undertakes to notify MotionLab immediately of any change in his or her personal data.
(4) Unless otherwise agreed, the commencement of the contract is not bound to the beginning of a month.
(5) As these are sliding contracts, the last day of the month is always the day that numerically precedes the day that corresponds to the day of the conclusion of the contract.
§ 5 Tariffs, terms of payment
(1) All prices are net prices (unless otherwise stated) and refer only to the services expressly mentioned. Any services going beyond this are to be paid for separately. The MotionLab tariffs / prices shown separately in each case shall apply here.
(2) Payment is due immediately upon conclusion of the contract, unless otherwise agreed in writing. If the payment is to be made monthly, it shall be due on the first of each month. Since these are sliding contracts, the first day of the month is the day that numerically corresponds to the day of the conclusion of the contract.
(3) Payment is due in advance and will be collected by SEPA Direct Debit Mandate, unless otherwise agreed in writing.
§ 6 Termination
(1) The contract of membership is unlimited. The minimum term for the contract of use is one month (except for Day Ticket / Day-Ticket).
(2) An important reason for termination of the contract of use without notice is, among other things, if the user is in default of payment of a monthly fee for the services booked by him (without extras). Otherwise § 543 BGB applies.
(3) MotionLab objects to a continuation of the usage agreement in the event that it has been effectively terminated by notice of termination, so that the usage relationship does not continue indefinitely (§ 545 BGB).
§ 7 Execution of the contract
(1) The technical peripherals (e.g. laptop, desktop PC) can be freely selected, provided that they do not disturb other users in the house and do not cause any power consumption beyond that of normal office equipment. Drilling holes in walls or other structural changes are prohibited.
(2) MotionLab shall provide the user with the contractually owed furnishing and equipment of the desks as well as technical items (e.g. projectors) and changing machines (e.g. 3D printers) and other furnishings. The User has no claim to the provision of specific machines.
§ 8 Usage behaviour on the Internet and identity verification
(1) By using the Internet, the user must avoid any liability and responsibility on the part of MotionLab in the event of legal violations.
(2) In order to avoid recourse, MotionLab has the right to check and record the user’s identity. If the User is guilty of legal infringements, the User shall compensate MotionLab for any damages, in particular attorney and court costs. In this case, MotionLab also reserves the right to terminate without notice.
§ 9 Warranty and Liability
In all cases in which MotionLab is obligated to pay damages or reimbursement of expenses in business dealings based on contractual or legal bases for claims, MotionLab shall only be liable to the extent that it, its executives or vicarious agents are guilty of intent, gross negligence or injury to life, limb or health. This shall not affect liability for culpable violation of essential contractual obligations, the fulfillment of which is essential for proper execution of the contract and on the observance of which the contracting partner may regularly rely (cardinal obligation) and guarantees. However, the liability is limited to the foreseeable damage typical for the contract. Liability for consequential damages, in particular for lost profits or compensation for third-party damages, is excluded, unless MotionLab is guilty of intent or gross negligence.
§ 10 Termination of the user relationship
(1) The user shall treat the rental object together with its equipment and all devices and machines provided with care.
(2) The user must return all keys or other access media to MotionLab after the end of the usage contract.
§ 11 Final provisions
(1) Collateral agreements, amendments or supplements to MotionLab’s GTC that are based on statutory or other sovereign measures as well as on doubts of interpretation shall be deemed accepted by the User if the User has not notified MotionLab of his or her rejection of the amended GTC within a period of two weeks after receipt of the amended GTC. Otherwise, the user’s consent shall be deemed granted. MotionLab shall expressly draw the User’s attention to this consequence within the scope of the notification.
(2) The law of the Federal Republic of Germany shall apply.
(3) The place of jurisdiction is Berlin – insofar as legally permissible.
(4) Should individual provisions be incomplete or invalid in whole or in part, this shall not affect the validity of the General Terms and Conditions of Business as a whole. In this case, the parties undertake to replace the invalid or incomplete provision by a valid provision which, as far as legally possible, comes closest to the interests of the parties expressed in these Terms and Conditions.