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General Terms & Conditions
A) General Rental Contract (Term > 1 Month)
B) Rental Contract “Daily Customer” (Term < 1 Month)
C) Virtual Office Rental Contract
D) Virtuel Office Premium Rental Contract
D) Virtuel Office Premium Rental Contract
A) General Terms and Conditions for Standard Rental Contracts
1. General / Scope of application
1.1 These General Terms and Conditions (GTC) apply to all current and future rental contracts for premises in the workspaces of ABC Workspaces GmbH (ABC) with entrepreneurs (natural or legal persons or partnerships with whom business relations are entered into in the exercise of a commercial or independent professional activity). The statutory provisions apply to consumers.
1.2 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
1.3 In addition, the law of the Federal Republic of Germany shall apply, in particular the relevant provisions of the German Civil Code (BGB).
1.4 The customer shall only be entitled to set-off if his counterclaims have been legally established or recognised by ABC.
1.5 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
1.6 The client may only assign existing contractual claims against ABC to third parties with the express written consent of ABC.
2. Rental object
2.1 The rented property and its current condition are known to the customer on the basis of a detailed inspection. The rented item shall be handed over to the customer in the condition in which it was inspected, unless otherwise expressly agreed in writing.
2.2 The client may only use the rented premises for the contractually agreed office purposes. Uses other than those contractually agreed shall require the express prior written consent of ABC.
2.3 Structural alterations to the premises or the installation of cables, IT or telecoms connections require the prior written consent of ABC. In this case, ABC is authorised to supervise and inspect all installations or structural alterations. The client shall bear the costs of the authorised installation or structural alteration and, if applicable, the corresponding dismantling upon termination of the contract.
2.4 If ABC is unable to provide the specifically agreed premises, the client hereby agrees to the provision of another equivalent office in the same property.
2.5 The customer is not permitted to sublet or otherwise transfer use to third parties.
2.6 ABC does not grant the customer any protection against competition.
2.7 The customer undertakes to treat the rented premises and the communal facilities with care and consideration.
2.8 ABC or third parties authorised by ABC are entitled to enter the rented premises at reasonable intervals during business hours after prior notification with reasonable notice. In the event of imminent danger, prior notice is not required.
3. Additional services
With regard to additional services, the ABC price list valid at the time of conclusion of the contract shall apply and shall form an integral part of the contract.
4. Term, cancellation, revocation in the event of a negative risk analysis pursuant to § 5 GwG
4.1 A fixed (basic) contract term is agreed between the parties. The contractual relationship shall be automatically extended by the corresponding period at the end of this basic term, unless it is terminated in good time by one of the parties (see sections 4.3 and 4.4).
4.2 ABC is legally obliged to carry out a risk analysis of the client in accordance with § 5 GwG before the start of the rental period. Should ABC determine the existence of an increased risk with regard to the client within the meaning of Section 5 GwG, ABC shall be entitled to revoke the declaration of intent to conclude the contract with the client immediately, at the latest within seven days of receipt of the countersigned copy of the contract by ABC. In the event of cancellation, the contract shall be deemed not to have been concluded from the outset.
4.3 The contractual relationship can be terminated by either party with due notice at the end of the basic term or at the end of the respective extension period (see Section 4.1), namely
- with a basic contract term of less than one week with a notice period of one working day;
- with a basic contract term of one week to less than one month with one week's notice;
- with a basic contract term of one month to less than three months with one month's notice;
- with a basic contract term of three months or more with a notice period of three months.
4.4 The statutory provisions apply to the right to extraordinary cancellation, in particular due to non-payment of rent. In this context, ABC's claims for additional services shall be treated as part of the rent. Furthermore, it shall be considered good cause for termination without notice by ABC if the client does not fulfil essential obligations within a reasonable period set by ABC despite a written reminder or does not refrain from violating them (e.g. unauthorised transfer to third parties, non-compliance with the house rules).
4.5 All cancellations must be made in writing.
5. Rents, services, value added tax
5.1 The rent and the agreed costs for fixed ancillary and additional services are to be paid in advance plus VAT no later than the 3rd working day of each month. If the tenancy does not commence at the beginning of the month, these amounts for the first month must be paid on the 3rd working day of the tenancy at the latest. If the (initial) basic contract term is shorter than one month, the amounts (for the entire basic contract term) must be paid no later than the day before the start of the tenancy.
5.2 Payment of the amounts due shall be made by SEPA direct debit. The client shall grant ABC a corresponding direct debit authorisation and must ensure that his account has sufficient funds.
5.3 Additional services utilised by the client shall be invoiced separately by ABC on the basis of the price list.
5.4 A reduction in rent is excluded if the use of the rented property is impaired by circumstances for which ABC is not responsible (e.g. construction work in the neighbourhood, road closures, etc.).
5.5 ABC is entitled to increase the rent by up to 5% annually, even without a separate additional agreement, in order to compensate for increased costs, labour costs and inflation losses.
6. IT services
Insofar as the client utilises IT services from ABC, ABC does not guarantee the security of the network provided or the information that the client places there. The client is obliged to use all security measures (e.g. encryption) that he considers appropriate. Furthermore, ABC cannot guarantee the availability or speed of the network or Internet and is not liable for any damage arising from the use of the network or Internet. In all other respects, the provisions of Clause 11 apply.
7. Security deposit
The customer shall provide a security deposit in the amount of twice the monthly rent or twice the rent in the case of a shorter basic contract term. The security deposit is due upon conclusion of the contract. ABC shall administer the security deposit interest-free as security for the fulfilment of all of the client's obligations arising from the contract. After termination of the contractual relationship and settlement of all liabilities on the part of the customer, the security deposit will be refunded to the customer by ABC.
8. Liability of the customer
8.1 The customer is responsible for all damage to the rented property and the entire property and the rooms, facilities and equipment belonging to it, as well as for damage to and soiling of the property caused by him, his employees, visitors, suppliers, tradesmen and other vicarious agents or other persons who come into contact with the property at his instigation.
8.2 Damage to the house and the rented rooms must be reported to ABC immediately. The customer is liable for any further damage caused by late notification.
9. House rules
The customer is obliged to comply with the house rules. The house rules are printed in the Welcome Book and form part of the contract.
10. Termination of the tenancy
10.1 At the end of the tenancy, the customer must return the rented premises completely vacated, clean and in the condition stipulated in the contract.
10.2The customer must return all keys provided to him.
10.3 The client is liable for all damages incurred by ABC or a subsequent tenant of the premises as a result of a breach of these obligations.
10.4 A flat rate of EUR 20.00 per square metre will be charged for final cleaning.
10.5 Damage that exceeds the normal degree of wear and tear shall be reimbursed to ABC by the client. ABC is not required to request the client to remedy the damage in advance.
11. Liability of ABC
11.1 The no-fault warranty liability of ABC due to initial material defects of the rental object is excluded.
11.2 ABC shall not be liable in cases of force majeure or with regard to the effects of a pandemic for which ABC is not responsible. Otherwise, ABC's liability for damages, regardless of the legal grounds, in particular for impossibility, delay, defective or incorrect performance, breach of contract, breach of duty during contract negotiations and unauthorised action, insofar as fault is involved in each case, is limited in accordance with this Section 11. The exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of ABC. However, they do not apply to liability for intentional behaviour, for guaranteed characteristics or for injury to life, limb or health or under the Product Liability Act.
11.3 ABC shall not be liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, provided that this does not involve a breach of material contractual obligations.
11.4 Insofar as ABC is liable for damages on the merits, this liability is limited to damages that were foreseen by ABC as a possible consequence of a breach of contract when the contract was concluded or that ABC should have foreseen if it had exercised due diligence. Moreover, cash damages and consequential damages resulting from defects or poor performance are only eligible for compensation if such damages are typically to be expected when the services provided by ABC are used as intended.
11.5 In the event of liability for simple negligence, ABC's obligation to pay compensation for material damage and any resulting further financial losses shall be limited to the value of the underlying service (in the case of continuing obligations, pro rata temporis) for each case of damage, even if this involves a breach of material contractual obligations.
11.6 Unless otherwise agreed, further claims are excluded, regardless of the legal grounds. ABC is also not liable for direct or indirect consequential damages.
11.7 If and insofar as ABC provides water, district heating, gas, electricity, telephony and Internet from the supply networks of utility companies, the client shall not assert any further claims for damages in the event of ABC's liability for service disruptions than those to which ABC is entitled vis-à-vis the respective utility company in accordance with the relevant provisions. The customer shall immediately notify ABC and the supplying utility company in writing of any such damage.
11.8 Any remaining claims shall become time-barred twelve months after performance of the service, unless the damage was caused intentionally or by gross negligence.
12. Insurances
The customer is obliged to take out adequate insurance against all damage and loss of items brought in
13. Final provisions
13.1 Amendments and supplements to the contract must be made in writing. This shall also apply to any agreement on the cancellation or waiver of the written form requirement.
13.2 All personal and company-related data shall be treated confidentially by ABC. The client has acknowledged that ABC stores data from the contractual relationship in accordance with Art. 6 para. 1 lit. b GDPR for the purpose of executing the contract. Where necessary, data will also be transmitted to third parties (e.g. contractual partners). The customer has been referred to ABC's data protection provisions for further information on this.
13.3 Should individual provisions of the contract, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
13.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Hamburg (centre). The same applies if the customer has no general place of jurisdiction in Germany.
1.1 These General Terms and Conditions (GTC) apply to all current and future rental contracts for premises in the workspaces of ABC Workspaces GmbH (ABC) with entrepreneurs (natural or legal persons or partnerships with whom business relations are entered into in the exercise of a commercial or independent professional activity). The statutory provisions apply to consumers.
1.2 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
1.3 In addition, the law of the Federal Republic of Germany shall apply, in particular the relevant provisions of the German Civil Code (BGB).
1.4 The customer shall only be entitled to set-off if his counterclaims have been legally established or recognised by ABC.
1.5 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
1.6 The client may only assign existing contractual claims against ABC to third parties with the express written consent of ABC.
2. Rental object
2.1 The rented property and its current condition are known to the customer on the basis of a detailed inspection. The rented item shall be handed over to the customer in the condition in which it was inspected, unless otherwise expressly agreed in writing.
2.2 The client may only use the rented premises for the contractually agreed office purposes. Uses other than those contractually agreed shall require the express prior written consent of ABC.
2.3 Structural alterations to the premises or the installation of cables, IT or telecoms connections require the prior written consent of ABC. In this case, ABC is authorised to supervise and inspect all installations or structural alterations. The client shall bear the costs of the authorised installation or structural alteration and, if applicable, the corresponding dismantling upon termination of the contract.
2.4 If ABC is unable to provide the specifically agreed premises, the client hereby agrees to the provision of another equivalent office in the same property.
2.5 The customer is not permitted to sublet or otherwise transfer use to third parties.
2.6 ABC does not grant the customer any protection against competition.
2.7 The customer undertakes to treat the rented premises and the communal facilities with care and consideration.
2.8 ABC or third parties authorised by ABC are entitled to enter the rented premises at reasonable intervals during business hours after prior notification with reasonable notice. In the event of imminent danger, prior notice is not required.
3. Additional services
With regard to additional services, the ABC price list valid at the time of conclusion of the contract shall apply and shall form an integral part of the contract.
4. Term, cancellation, revocation in the event of a negative risk analysis pursuant to § 5 GwG
4.1 A fixed (basic) contract term is agreed between the parties. The contractual relationship shall be automatically extended by the corresponding period at the end of this basic term, unless it is terminated in good time by one of the parties (see sections 4.3 and 4.4).
4.2 ABC is legally obliged to carry out a risk analysis of the client in accordance with § 5 GwG before the start of the rental period. Should ABC determine the existence of an increased risk with regard to the client within the meaning of Section 5 GwG, ABC shall be entitled to revoke the declaration of intent to conclude the contract with the client immediately, at the latest within seven days of receipt of the countersigned copy of the contract by ABC. In the event of cancellation, the contract shall be deemed not to have been concluded from the outset.
4.3 The contractual relationship can be terminated by either party with due notice at the end of the basic term or at the end of the respective extension period (see Section 4.1), namely
- with a basic contract term of less than one week with a notice period of one working day;
- with a basic contract term of one week to less than one month with one week's notice;
- with a basic contract term of one month to less than three months with one month's notice;
- with a basic contract term of three months or more with a notice period of three months.
4.4 The statutory provisions apply to the right to extraordinary cancellation, in particular due to non-payment of rent. In this context, ABC's claims for additional services shall be treated as part of the rent. Furthermore, it shall be considered good cause for termination without notice by ABC if the client does not fulfil essential obligations within a reasonable period set by ABC despite a written reminder or does not refrain from violating them (e.g. unauthorised transfer to third parties, non-compliance with the house rules).
4.5 All cancellations must be made in writing.
5. Rents, services, value added tax
5.1 The rent and the agreed costs for fixed ancillary and additional services are to be paid in advance plus VAT no later than the 3rd working day of each month. If the tenancy does not commence at the beginning of the month, these amounts for the first month must be paid on the 3rd working day of the tenancy at the latest. If the (initial) basic contract term is shorter than one month, the amounts (for the entire basic contract term) must be paid no later than the day before the start of the tenancy.
5.2 Payment of the amounts due shall be made by SEPA direct debit. The client shall grant ABC a corresponding direct debit authorisation and must ensure that his account has sufficient funds.
5.3 Additional services utilised by the client shall be invoiced separately by ABC on the basis of the price list.
5.4 A reduction in rent is excluded if the use of the rented property is impaired by circumstances for which ABC is not responsible (e.g. construction work in the neighbourhood, road closures, etc.).
5.5 ABC is entitled to increase the rent by up to 5% annually, even without a separate additional agreement, in order to compensate for increased costs, labour costs and inflation losses.
6. IT services
Insofar as the client utilises IT services from ABC, ABC does not guarantee the security of the network provided or the information that the client places there. The client is obliged to use all security measures (e.g. encryption) that he considers appropriate. Furthermore, ABC cannot guarantee the availability or speed of the network or Internet and is not liable for any damage arising from the use of the network or Internet. In all other respects, the provisions of Clause 11 apply.
7. Security deposit
The customer shall provide a security deposit in the amount of twice the monthly rent or twice the rent in the case of a shorter basic contract term. The security deposit is due upon conclusion of the contract. ABC shall administer the security deposit interest-free as security for the fulfilment of all of the client's obligations arising from the contract. After termination of the contractual relationship and settlement of all liabilities on the part of the customer, the security deposit will be refunded to the customer by ABC.
8. Liability of the customer
8.1 The customer is responsible for all damage to the rented property and the entire property and the rooms, facilities and equipment belonging to it, as well as for damage to and soiling of the property caused by him, his employees, visitors, suppliers, tradesmen and other vicarious agents or other persons who come into contact with the property at his instigation.
8.2 Damage to the house and the rented rooms must be reported to ABC immediately. The customer is liable for any further damage caused by late notification.
9. House rules
The customer is obliged to comply with the house rules. The house rules are printed in the Welcome Book and form part of the contract.
10. Termination of the tenancy
10.1 At the end of the tenancy, the customer must return the rented premises completely vacated, clean and in the condition stipulated in the contract.
10.2The customer must return all keys provided to him.
10.3 The client is liable for all damages incurred by ABC or a subsequent tenant of the premises as a result of a breach of these obligations.
10.4 A flat rate of EUR 20.00 per square metre will be charged for final cleaning.
10.5 Damage that exceeds the normal degree of wear and tear shall be reimbursed to ABC by the client. ABC is not required to request the client to remedy the damage in advance.
11. Liability of ABC
11.1 The no-fault warranty liability of ABC due to initial material defects of the rental object is excluded.
11.2 ABC shall not be liable in cases of force majeure or with regard to the effects of a pandemic for which ABC is not responsible. Otherwise, ABC's liability for damages, regardless of the legal grounds, in particular for impossibility, delay, defective or incorrect performance, breach of contract, breach of duty during contract negotiations and unauthorised action, insofar as fault is involved in each case, is limited in accordance with this Section 11. The exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of ABC. However, they do not apply to liability for intentional behaviour, for guaranteed characteristics or for injury to life, limb or health or under the Product Liability Act.
11.3 ABC shall not be liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, provided that this does not involve a breach of material contractual obligations.
11.4 Insofar as ABC is liable for damages on the merits, this liability is limited to damages that were foreseen by ABC as a possible consequence of a breach of contract when the contract was concluded or that ABC should have foreseen if it had exercised due diligence. Moreover, cash damages and consequential damages resulting from defects or poor performance are only eligible for compensation if such damages are typically to be expected when the services provided by ABC are used as intended.
11.5 In the event of liability for simple negligence, ABC's obligation to pay compensation for material damage and any resulting further financial losses shall be limited to the value of the underlying service (in the case of continuing obligations, pro rata temporis) for each case of damage, even if this involves a breach of material contractual obligations.
11.6 Unless otherwise agreed, further claims are excluded, regardless of the legal grounds. ABC is also not liable for direct or indirect consequential damages.
11.7 If and insofar as ABC provides water, district heating, gas, electricity, telephony and Internet from the supply networks of utility companies, the client shall not assert any further claims for damages in the event of ABC's liability for service disruptions than those to which ABC is entitled vis-à-vis the respective utility company in accordance with the relevant provisions. The customer shall immediately notify ABC and the supplying utility company in writing of any such damage.
11.8 Any remaining claims shall become time-barred twelve months after performance of the service, unless the damage was caused intentionally or by gross negligence.
12. Insurances
The customer is obliged to take out adequate insurance against all damage and loss of items brought in
13. Final provisions
13.1 Amendments and supplements to the contract must be made in writing. This shall also apply to any agreement on the cancellation or waiver of the written form requirement.
13.2 All personal and company-related data shall be treated confidentially by ABC. The client has acknowledged that ABC stores data from the contractual relationship in accordance with Art. 6 para. 1 lit. b GDPR for the purpose of executing the contract. Where necessary, data will also be transmitted to third parties (e.g. contractual partners). The customer has been referred to ABC's data protection provisions for further information on this.
13.3 Should individual provisions of the contract, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
13.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Hamburg (centre). The same applies if the customer has no general place of jurisdiction in Germany.
Bank details ABC:
Bank account for business transactions:
Recipient: ABC Workspaces GmbH
Bank: Hypo Vereinsbank
IBAN: DE20200300000015416651
BIC: HYVEDEMM300
Bank account for security deposits / rent deposits:
Recipient: ABC Workspaces GmbH
Bank: Hypo Vereinsbank
IBAN: DE07200300000015602543
BIC: HYVEDEMM300
B) General Terms and Conditions for Rental Contracts with Day Customers of ABC Workspaces GmbH
1 General / Scope of application
1.1 These General Terms and Conditions (GTC) apply to all current and future rental contracts for premises in the workspaces of ABC Workspaces GmbH (ABC) with entrepreneurs (natural or legal persons or partnerships with whom business relations are entered into in the exercise of a commercial or independent professional activity). The statutory regulations apply to consumers.
1.2 Deviating, conflicting or supplementary GTC shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
1.3 In addition, the law of the Federal Republic of Germany shall apply, in particular the relevant provisions of the German Civil Code (BGB).
1.4 The customer shall only be entitled to set-off if his counterclaims have been legally established or recognised by ABC.
1.5 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
1.6 The client may only assign existing contractual claims against ABC to third parties with the express written consent of ABC.
2. Rental object
2.1 The rented property and its current condition are known to the customer on the basis of a detailed inspection. The rented item shall be handed over to the customer in the condition in which it was inspected, unless otherwise expressly agreed in writing.
2.2 The client may only use the rented premises for the contractually agreed purposes. Uses other than the contractually agreed uses require the express prior written consent of ABC.
2.3 Structural alterations to the premises or the installation of cables, IT or telecoms connections require the prior written consent of ABC. In this case, ABC is authorised to supervise and inspect all installations or structural alterations. The client shall bear the costs of the authorised installation or structural alteration and, if applicable, the corresponding dismantling upon termination of the contract.
2.4 If ABC is unable to provide the specifically agreed premises, the client hereby agrees to the provision of another equivalent room in the same property.
2.5 The customer is not permitted to sublet or otherwise transfer use to third parties.
2.6 ABC does not grant the client any protection against competition.
2.7 The customer undertakes to treat the rented premises and the communal facilities with care and consideration.
2.8 ABC or third parties authorised by ABC are entitled to enter the rented premises at reasonable intervals during business hours after prior notification with reasonable notice. In the event of imminent danger, prior notice is not required.
3. Additional services
With regard to additional services, the ABC price list valid at the time of conclusion of the contract shall apply and shall form an integral part of the contract.
4. Rents, services, sales tax
4.1 The rent and the agreed costs for fixed ancillary and additional services plus VAT are due and payable by the customer immediately after conclusion of the rental agreement.
4.2 Additional services utilised by the client shall be invoiced separately by ABC on the basis of the price list.
4.3 A reduction in rent is excluded if the use of the rented property is impaired by circumstances for which ABC is not responsible (e.g. construction work in the neighbourhood, road closures, etc.).
5. Cancellation / Termination
5.1 Any cancellation / termination must be made in writing.
5.2 If rentals are terminated/cancelled by the customer before the start of the rental period, the following deadlines apply:
- up to six days before the start of the rental period: free of charge;
- five days to 48 hours before the start of the rental period: 50% of the agreed rent (incl. costs for fixed ancillary and additional services);
- less than 48 hours before the start of the rental period: the entire agreed rent plus costs for fixed ancillary and additional services will be due.
5.3 The statutory provisions shall apply to the right to extraordinary cancellation. It shall also be considered good cause for termination without notice by ABC if the client fails to pay the rent and/or the agreed costs for fixed ancillary and additional services in accordance with Clause 4.1 or, despite a written reminder, fails to fulfil other essential obligations within a reasonable period of time set by ABC or fails to refrain from violating them (e.g. unauthorised transfer to third parties, non-compliance with the house rules).
6. IT services
Insofar as the client utilises IT services from ABC, ABC does not guarantee the security of the network provided or the information that the client places there. The client is obliged to use all security measures (e.g. encryption) that he/she deems appropriate. Furthermore, ABC cannot guarantee the availability or speed of the network or Internet and is not liable for any damage arising from the use of the network or Internet. In all other respects, the provisions of Clause 10 apply.
7. Liability of the customer
7.1 The customer is responsible for all damage to the rented property and the entire property and the rooms, facilities and equipment belonging to it, as well as for damage to and soiling of the property caused by him, his employees, visitors, suppliers, tradesmen and other vicarious agents or other persons who come into contact with the property at his instigation.
7.2 Damage to the property and the rented rooms must be reported to ABC immediately. The customer is liable for any further damage caused by late notification.
8. House rules
The customer is obliged to comply with the house rules. These will be sent to the customer upon request.
9. Termination of the tenancy
9.1 At the end of the tenancy, the customer must return the rented premises completely vacated, clean and in the condition stipulated in the contract.
9.2 The customer must return all keys provided to him.
9.3 The client is liable for all damages incurred by ABC or a subsequent tenant of the premises as a result of a breach of these obligations.
9.4 Damage that exceeds the normal degree of wear and tear shall be reimbursed to ABC by the client. ABC is not required to request the client to remedy the damage in advance.
10. Liability of ABC
10.1 The no-fault warranty liability of ABC due to initial material defects of the rental object is excluded.
10.2 ABC shall not be liable in cases of force majeure or with regard to the effects of a pandemic for which ABC is not responsible. Otherwise, ABC's liability for damages, regardless of the legal grounds, in particular for impossibility, delay, defective or incorrect performance, breach of contract, breach of duty during contract negotiations and unauthorised action, insofar as fault is involved in each case, is limited in accordance with this Section 11. The exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of ABC. However, they do not apply to liability for intentional behaviour, for guaranteed characteristics or for injury to life, limb or health or under the Product Liability Act.
10.3 ABC shall not be liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, provided that this does not involve a breach of material contractual obligations.
10.4 Insofar as ABC is liable for damages on the merits, this liability is limited to damages that were foreseen by ABC as a possible consequence of a breach of contract when the contract was concluded or that ABC should have foreseen if it had exercised due diligence. Moreover, cash damages and consequential damages resulting from defects or poor performance are only eligible for compensation if such damages are typically to be expected when the services provided by ABC are used as intended.
10.5 In the event of liability for simple negligence, ABC's obligation to pay compensation for material damage and any resulting further financial losses shall be limited to the value of the underlying service (in the case of continuing obligations, pro rata temporis) per case of damage, even if this involves a breach of material contractual obligations.
10.6 Unless otherwise agreed, further claims are excluded, irrespective of their legal basis. ABC is also not liable for direct or indirect consequential damages.
10.7 If and to the extent that ABC provides water, district heating, gas, electricity, telephony and Internet from the supply networks of utility companies, the client shall not assert any further claims for damages in the event of ABC's liability for service disruptions than those to which ABC is entitled vis-à-vis the respective utility company in accordance with the relevant provisions. The customer shall immediately notify ABC and the supplying utility company in writing of any such damage.
10.8 Any remaining claims shall become time-barred twelve months after performance of the service, unless the damage was caused intentionally or by gross negligence.
11. Insurances
The customer is obliged to take out adequate insurance against all damage and loss of items brought in.
12. Final provisions
12.1 Amendments and supplements to the contract must be made in writing. This also applies to an agreement on the cancellation or waiver of the written form requirement.
12.2 All personal and company-related data shall be treated confidentially by ABC. The client has acknowledged that ABC stores data from the contractual relationship in accordance with Art. 6 para. 1 lit. b GDPR for the purpose of executing the contract. Where necessary, data will also be transmitted to third parties (e.g. contractual partners). The customer has been referred to ABC's data protection information sheet for further information on this.
12.3 Should individual provisions of the contract, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
12.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Hamburg (centre). The same applies if the customer has no general place of jurisdiction in Germany.
1.1 These General Terms and Conditions (GTC) apply to all current and future rental contracts for premises in the workspaces of ABC Workspaces GmbH (ABC) with entrepreneurs (natural or legal persons or partnerships with whom business relations are entered into in the exercise of a commercial or independent professional activity). The statutory regulations apply to consumers.
1.2 Deviating, conflicting or supplementary GTC shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
1.3 In addition, the law of the Federal Republic of Germany shall apply, in particular the relevant provisions of the German Civil Code (BGB).
1.4 The customer shall only be entitled to set-off if his counterclaims have been legally established or recognised by ABC.
1.5 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
1.6 The client may only assign existing contractual claims against ABC to third parties with the express written consent of ABC.
2. Rental object
2.1 The rented property and its current condition are known to the customer on the basis of a detailed inspection. The rented item shall be handed over to the customer in the condition in which it was inspected, unless otherwise expressly agreed in writing.
2.2 The client may only use the rented premises for the contractually agreed purposes. Uses other than the contractually agreed uses require the express prior written consent of ABC.
2.3 Structural alterations to the premises or the installation of cables, IT or telecoms connections require the prior written consent of ABC. In this case, ABC is authorised to supervise and inspect all installations or structural alterations. The client shall bear the costs of the authorised installation or structural alteration and, if applicable, the corresponding dismantling upon termination of the contract.
2.4 If ABC is unable to provide the specifically agreed premises, the client hereby agrees to the provision of another equivalent room in the same property.
2.5 The customer is not permitted to sublet or otherwise transfer use to third parties.
2.6 ABC does not grant the client any protection against competition.
2.7 The customer undertakes to treat the rented premises and the communal facilities with care and consideration.
2.8 ABC or third parties authorised by ABC are entitled to enter the rented premises at reasonable intervals during business hours after prior notification with reasonable notice. In the event of imminent danger, prior notice is not required.
3. Additional services
With regard to additional services, the ABC price list valid at the time of conclusion of the contract shall apply and shall form an integral part of the contract.
4. Rents, services, sales tax
4.1 The rent and the agreed costs for fixed ancillary and additional services plus VAT are due and payable by the customer immediately after conclusion of the rental agreement.
4.2 Additional services utilised by the client shall be invoiced separately by ABC on the basis of the price list.
4.3 A reduction in rent is excluded if the use of the rented property is impaired by circumstances for which ABC is not responsible (e.g. construction work in the neighbourhood, road closures, etc.).
5. Cancellation / Termination
5.1 Any cancellation / termination must be made in writing.
5.2 If rentals are terminated/cancelled by the customer before the start of the rental period, the following deadlines apply:
- up to six days before the start of the rental period: free of charge;
- five days to 48 hours before the start of the rental period: 50% of the agreed rent (incl. costs for fixed ancillary and additional services);
- less than 48 hours before the start of the rental period: the entire agreed rent plus costs for fixed ancillary and additional services will be due.
5.3 The statutory provisions shall apply to the right to extraordinary cancellation. It shall also be considered good cause for termination without notice by ABC if the client fails to pay the rent and/or the agreed costs for fixed ancillary and additional services in accordance with Clause 4.1 or, despite a written reminder, fails to fulfil other essential obligations within a reasonable period of time set by ABC or fails to refrain from violating them (e.g. unauthorised transfer to third parties, non-compliance with the house rules).
6. IT services
Insofar as the client utilises IT services from ABC, ABC does not guarantee the security of the network provided or the information that the client places there. The client is obliged to use all security measures (e.g. encryption) that he/she deems appropriate. Furthermore, ABC cannot guarantee the availability or speed of the network or Internet and is not liable for any damage arising from the use of the network or Internet. In all other respects, the provisions of Clause 10 apply.
7. Liability of the customer
7.1 The customer is responsible for all damage to the rented property and the entire property and the rooms, facilities and equipment belonging to it, as well as for damage to and soiling of the property caused by him, his employees, visitors, suppliers, tradesmen and other vicarious agents or other persons who come into contact with the property at his instigation.
7.2 Damage to the property and the rented rooms must be reported to ABC immediately. The customer is liable for any further damage caused by late notification.
8. House rules
The customer is obliged to comply with the house rules. These will be sent to the customer upon request.
9. Termination of the tenancy
9.1 At the end of the tenancy, the customer must return the rented premises completely vacated, clean and in the condition stipulated in the contract.
9.2 The customer must return all keys provided to him.
9.3 The client is liable for all damages incurred by ABC or a subsequent tenant of the premises as a result of a breach of these obligations.
9.4 Damage that exceeds the normal degree of wear and tear shall be reimbursed to ABC by the client. ABC is not required to request the client to remedy the damage in advance.
10. Liability of ABC
10.1 The no-fault warranty liability of ABC due to initial material defects of the rental object is excluded.
10.2 ABC shall not be liable in cases of force majeure or with regard to the effects of a pandemic for which ABC is not responsible. Otherwise, ABC's liability for damages, regardless of the legal grounds, in particular for impossibility, delay, defective or incorrect performance, breach of contract, breach of duty during contract negotiations and unauthorised action, insofar as fault is involved in each case, is limited in accordance with this Section 11. The exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of ABC. However, they do not apply to liability for intentional behaviour, for guaranteed characteristics or for injury to life, limb or health or under the Product Liability Act.
10.3 ABC shall not be liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, provided that this does not involve a breach of material contractual obligations.
10.4 Insofar as ABC is liable for damages on the merits, this liability is limited to damages that were foreseen by ABC as a possible consequence of a breach of contract when the contract was concluded or that ABC should have foreseen if it had exercised due diligence. Moreover, cash damages and consequential damages resulting from defects or poor performance are only eligible for compensation if such damages are typically to be expected when the services provided by ABC are used as intended.
10.5 In the event of liability for simple negligence, ABC's obligation to pay compensation for material damage and any resulting further financial losses shall be limited to the value of the underlying service (in the case of continuing obligations, pro rata temporis) per case of damage, even if this involves a breach of material contractual obligations.
10.6 Unless otherwise agreed, further claims are excluded, irrespective of their legal basis. ABC is also not liable for direct or indirect consequential damages.
10.7 If and to the extent that ABC provides water, district heating, gas, electricity, telephony and Internet from the supply networks of utility companies, the client shall not assert any further claims for damages in the event of ABC's liability for service disruptions than those to which ABC is entitled vis-à-vis the respective utility company in accordance with the relevant provisions. The customer shall immediately notify ABC and the supplying utility company in writing of any such damage.
10.8 Any remaining claims shall become time-barred twelve months after performance of the service, unless the damage was caused intentionally or by gross negligence.
11. Insurances
The customer is obliged to take out adequate insurance against all damage and loss of items brought in.
12. Final provisions
12.1 Amendments and supplements to the contract must be made in writing. This also applies to an agreement on the cancellation or waiver of the written form requirement.
12.2 All personal and company-related data shall be treated confidentially by ABC. The client has acknowledged that ABC stores data from the contractual relationship in accordance with Art. 6 para. 1 lit. b GDPR for the purpose of executing the contract. Where necessary, data will also be transmitted to third parties (e.g. contractual partners). The customer has been referred to ABC's data protection information sheet for further information on this.
12.3 Should individual provisions of the contract, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
12.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Hamburg (centre). The same applies if the customer has no general place of jurisdiction in Germany.
Bank details ABC:
Bank account for business transactions:
Recipient: ABC Workspaces GmbH
Bank: Hypo Vereinsbank
IBAN: DE20200300000015416651
BIC: HYVEDEMM300
Bank account for security deposits / rent deposits:
Recipient: ABC Workspaces GmbH
Bank: Hypo Vereinsbank
IBAN: DE07200300000015602543
BIC: HYVEDEMM300
C) General Terms and Conditions - Virtual Office (VO) Rental Contract
1. General / Scope of application
1.1 These General Terms and Conditions (GTC) apply to all current and future service contracts of ABC Workspaces GmbH (ABC) with entrepreneurs (natural or legal persons or partnerships with whom business relations are entered into in the exercise of a commercial or independent professional activity). The statutory regulations apply to consumers.
1.2 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
1.3 In addition, the law of the Federal Republic of Germany shall apply, in particular the relevant provisions of the German Civil Code (BGB).
1.4 The client shall only have a right of set-off if his counterclaims have been legally established or recognised by ABC.
1.5 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
1.6 The client may only assign existing contractual claims against ABC to third parties with the express written consent of ABC.
2. Subject matter of the contract
2.1 ABC shall provide the following services, depending on the service booked by the customer:
- Virtual Office Mail Service: Enables the Customer to receive mail at the selected ABC Workspace ("Agreed Workspace"). The Customer may not use the address of the Agreed Workspace as the address of its registered office, unless permitted by law.
- Virtual Office Telephone Service: Entitles the customer to use a local telephone number specified by ABC in the Agreed Workspace, a personal call answering service during regular business hours and access to voicemail outside business hours and at weekends.
2.2 ABC shall not grant the customer any protection against competition.
3. Additional services
With regard to additional services, the ABC price list valid at the time of conclusion of the contract shall apply and shall form an integral part of the contract.
4. Term and cancellation
4.1 A fixed (basic) contract term is agreed between the parties. At the end of this basic term, the contractual relationship shall be automatically extended by the corresponding period unless terminated in good time by one of the parties (see sections 4.3 and 4.4).
4.2 ABC is legally obliged to carry out a risk analysis of the client in accordance with Section 5 GwG prior to the commencement of the lease. Should ABC determine the existence of an increased risk with regard to the client within the meaning of Section 5 GwG, ABC shall be entitled to revoke the declaration of intent to conclude the contract with the client immediately, at the latest within seven days after receipt of the countersigned copy of the contract by ABC. In the event of cancellation, the contract shall be deemed not to have been concluded from the outset.
4.3 The contractual relationship can be terminated by either party with due notice at the end of the basic term or at the end of the respective extension period (see Section 4.1), namely
- with a basic contract term of less than one week with a notice period of one working day;
- with a basic contract term of one week to less than one month with one week's notice;
- with a basic contract term of one month to less than three months with one month's notice;
- with a basic contract term of three months or more with a notice period of three months.
4.4 The statutory provisions shall apply to the right to extraordinary termination, in particular also due to failure to pay the agreed remuneration. Furthermore, it shall be considered good cause for termination without notice by ABC if the client does not fulfil essential obligations within a reasonable period of time set by ABC or does not refrain from violating them despite a written reminder.
4.5 Any cancellation must be made in writing.
5. Payments
5.1 Payments plus VAT are to be made in advance on the 3rd working day of each month at the latest. If the contractual relationship does not commence at the beginning of the month, the remuneration for the first month shall be paid on the 3rd working day of the contractual relationship at the latest. If the (initial) basic contract term is shorter than one month, the amounts (for the entire basic contract term) must be paid no later than the day before the start of the basic contract term.
5.2 Payment of the amounts due shall be made by SEPA direct debit. The customer shall grant ABC a corresponding direct debit authorisation and must ensure that his account has sufficient funds.
5.3 Additional services utilised by the client shall be invoiced separately by ABC on the basis of the price list.
5.4 A reduction of the remuneration is excluded if the provision or use is impaired by circumstances for which ABC is not responsible (e.g. network disruptions and failures, etc.).
5.5 ABC shall be entitled to increase the remuneration by up to 5% annually, even without a separate additional agreement, in order to compensate for increased costs, labour costs and inflation losses.
6. IT Services
Insofar as the client utilises IT services from ABC, ABC does not guarantee the security of the network provided or the information that the client places there. The client is obliged to use all security measures (e.g. encryption) that he/she deems appropriate. Furthermore, ABC cannot guarantee the availability or speed of the network or Internet and is not liable for any damage arising from the use of the network or Internet. In all other respects, the provisions of Section 7 apply.
7. Liability of ABC
7.1 ABC's strict warranty liability for initial defects is excluded.
7.2 ABC shall not be liable in cases of force majeure or with regard to the effects of a pandemic for which ABC is not responsible. Otherwise, ABC's liability for damages, regardless of the legal grounds, in particular for impossibility, delay, defective or incorrect performance, breach of contract, breach of duty during contract negotiations and unauthorised action, insofar as fault is involved in each case, is limited in accordance with this Section 7. The exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of ABC. However, they do not apply to liability for intentional behaviour, for guaranteed characteristics or for injury to life, limb or health or under the Product Liability Act.
7.3 ABC shall not be liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, unless it is a breach of material contractual obligations.
7.4 Insofar as ABC is liable for damages on the merits, this liability shall be limited to damages that were foreseen by ABC as a possible consequence of a breach of contract when the contract was concluded or that ABC should have foreseen if it had exercised due care. Moreover, cash damages and consequential damages resulting from defects or poor performance are only eligible for compensation if such damages are typically to be expected when the services provided by ABC are used as intended.
7.5 In the event of liability for simple negligence, ABC's obligation to pay compensation for damage to property and any further financial losses resulting therefrom shall be limited to the value of the underlying service (in the case of continuing obligations pro rata temporis) per claim, even if this involves a breach of material contractual obligations.
7.6 Unless otherwise agreed, any further claims, irrespective of their legal basis, are excluded. ABC is also not liable for direct or indirect consequential damages.
7.7 If and insofar as ABC provides water, district heating, gas, electricity, telephony and Internet from the supply networks of utility companies, the client shall not assert any further claims for damages in the event of ABC's liability for service disruptions than those to which ABC is entitled vis-à-vis the respective utility company in accordance with the relevant provisions. The customer shall immediately notify ABC and the supplying utility company in writing of any such damage.
7.8 Any remaining claims shall become time-barred twelve months after performance of the service, unless the damage was caused intentionally or by gross negligence.
8. Final Provisions
8.1 Amendments and supplements to the contract must be made in writing. This shall also apply to any agreement on the cancellation or waiver of the written form requirement.
8.2 All personal and company-related data shall be treated confidentially by ABC. The client has acknowledged that ABC stores data from the contractual relationship in accordance with Art. 6 para. 1 lit. b GDPR for the purpose of executing the contract. Where necessary, data will also be transmitted to third parties (e.g. contractual partners). The customer has been referred to ABC's data protection information sheet for further information on this.
8.3 Should individual provisions of the contract, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
8.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Hamburg (Mitte). The same applies if the customer has no general place of jurisdiction in Germany.
Bank details ABC:
Bank details ABC:
Bank account for business transactions:
Recipient: ABC Workspaces GmbH
Bank: Hypo Vereinsbank
IBAN: DE20200300000015416651
BIC: HYVEDEMM300
Bank account for security deposits / rent deposits:
Recipient: ABC Workspaces GmbH
Bank: Hypo Vereinsbank
IBAN: DE07200300000015602543
BIC: HYVEDEMM300
D) General Terms and Conditions - Virtual Office (VO) Premium Rental Contract
1. General / Scope of application
1.1 These General Terms and Conditions (GTC) apply to all current and future service contracts of ABC Workspaces GmbH (ABC) with entrepreneurs (natural or legal persons or partnerships with whom business relations are entered into in the exercise of a commercial or independent professional activity). The statutory regulations apply to consumers.
1.2 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
1.3 In addition, the law of the Federal Republic of Germany shall apply, in particular the relevant provisions of the German Civil Code (BGB).
1.4 The client shall only have a right of set-off if his counterclaims have been legally established or recognised by ABC.
1.5 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
1.6 The client may only assign existing contractual claims against ABC to third parties with the express written consent of ABC.
2. Subject matter of the contract
2.1 ABC shall provide the following services:
- Virtual Office Mail Service: Enables the Customer to receive mail at the selected ABC Workspace ("Agreed Workspace"). The Customer may not use the address of the Agreed Workspace as the address of its registered office, unless permitted by law.
- Virtual Office Telephone Service: Entitles the customer to use a local telephone number specified by ABC in the Agreed Workspace, a personal call answering service during regular business hours and access to voicemail outside business hours and at weekends.
- Virtual Office Premium: In addition, the customer is entitled to use an individual office in the agreed workspace on five days per month. With regard to the use of individual offices, the customer must also observe the following provisions of sections 2.2 to 2.8 in particular).
2.2 The client may only use the individual offices made available to it for the contractually agreed office purposes. Uses other than those contractually agreed shall require the express prior written consent of ABC.
2.3 Structural alterations to the premises or the installation of cables, IT or telecoms connections are not permitted.
2.4 There is no entitlement to the provision of specific individual offices.
2.5 The customer is not permitted to sublet or otherwise transfer use to third parties.
2.6 ABC does not grant the customer any protection against competition.
2.7 The customer undertakes to treat the individual offices and shared facilities provided to him with care and attention.
2.8 At the end of the individual office use, the client must return the respective individual office completely vacated, clean and in the contractual condition together with all keys that may have been made available to him. The client is liable for all damages incurred by ABC or a subsequent tenant of the premises as a result of a breach of these obligations. The client shall compensate ABC for any damage that goes beyond normal wear and tear. ABC is not required to request the client to remedy the damage in advance
2.9 ABC or third parties authorised byABC shall be entitled to enter the individual offices at reasonable intervals during the period of use after giving reasonable prior notice. In the event of imminent danger, prior notice shall not be required.
3. Additional Services
With regard to additional services, the ABC price list valid at the time of conclusion of the contract shall apply and shall form an integral part of the contract.
4. Term and Cancellation
4.1 A fixed (basic) contract term is agreed between the parties. At the end of this basic term, the contractual relationship shall be automatically extended by the corresponding period unless terminated in good time by one of the parties (see sections 4.3 and 4.4).
4.2 ABC is legally obliged to carry out a risk analysis of the client in accordance with § 5 GwG before the start of the rental period. Should ABC determine the existence of an increased risk with regard to the client within the meaning of Section 5 GwG, ABC shall be entitled to revoke the declaration of intent to conclude the contract with the client immediately, at the latest within seven days of receipt of the countersigned copy of the contract by ABC. In the event of cancellation, the contract shall be deemed not to have been concluded from the outset.
4.3 The contractual relationship can be terminated by either party with due notice at the end of the basic term or at the end of the respective extension period (see Section 4.1), namely
- with a basic contract term of less than one week with a notice period of one working day;
- with a basic contract term of one week to less than one month with one week's notice;
- with a basic contract term of one month to less than three months with one month's notice;
- with a basic contract term of three months or more with a notice period of three months.
4.4 The statutory provisions shall apply to the right to extraordinary termination, in particular due to failure to pay the agreed remuneration. Furthermore, it shall be considered good cause for termination without notice by ABC if the client, despite a written reminder, does not fulfil essential obligations within a reasonable period of time set by ABC or does not refrain from violating them (e.g. unauthorised transfer to third parties).
4.5 Any cancellation must be made in writing.
5. Payments
5.1 Payments plus VAT are to be made in advance on the 3rd working day of each month at the latest. If the contractual relationship does not commence at the beginning of the month, the remuneration for the first month shall be paid on the 3rd working day of the contractual relationship at the latest. If the (initial) basic contract term is shorter than one month, the amounts (for the entire basic contract term) must be paid no later than the day before the start of the basic contract term.
5.2 Payment of the amounts due shall be made by SEPA direct debit. The client grants ABC a corresponding direct debit authorisation and must ensure that his account has sufficient funds.
5.3 Additional services utilised by the client shall be invoiced separately by ABC on the basis of the price list.
5.4 A reduction of the remuneration is excluded if the provision or use is impaired by circumstances for which ABC is not responsible (e.g. network disruptions and failures, construction work in the neighbourhood, road closures, etc.).
5.5 ABC shall be entitled to increase the remuneration by up to 5% annually, even without a separate additional agreement, in order to compensate for increased costs, labour costs and inflation losses.
6. IT Services
Insofar as the client utilises IT services from ABC, ABC does not guarantee the security of the network provided or the information that the client places there. The client is obliged to use all security measures (e.g. encryption) that he/she deems appropriate. Furthermore, ABC cannot guarantee the availability or speed of the network or Internet and is not liable for any damage arising from the use of the network or Internet. In all other respects, the provisions of Clause 10 apply.
7. Security Deposit
The customer shall provide a security deposit in the amount of twice the remuneration for one month or, if the basic contract term is shorter, in the amount of twice the remuneration for the basic contract term. The security deposit is due upon conclusion of the contract. ABC manages the security deposit interest-free as security for the fulfilment of all of the client's obligations arising from the contract. After termination of the contractual relationship and settlement of all liabilities on the part of the client, the security deposit shall be refunded to the client by ABC.
8. Liability of the customer
8.1 The customer is responsible for all damage to an individual office provided as well as to the entire property and the rooms, facilities and equipment belonging to it, as well as for damage to and soiling of the property caused by him, his employees, visitors, suppliers, tradesmen and other vicarious agents or other persons who come into contact with the property at his instigation.
8.2 Damage to the house and the rented rooms must be reported to ABC immediately. The client is liable for any further damage caused by late notification.
9. House rules
The customer is obliged to comply with the house rules. The house rules are printed in the Welcome Book and form part of the contract.
10. Liability of ABC
10.1 ABC's strict warranty liability for initial defects is excluded.
10.2 ABC shall not be liable in cases of force majeure or with regard to the effects of a pandemic for which ABC is not responsible. Otherwise, ABC's liability for damages, regardless of the legal grounds, in particular for impossibility, delay, defective or incorrect performance, breach of contract, breach of duty during contract negotiations and unauthorised action, insofar as fault is involved in each case, is limited in accordance with this Section 10. The exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of ABC. However, they do not apply to liability for intentional behaviour, for guaranteed characteristics or for injury to life, limb or health or under the Product Liability Act.
10.3 ABC shall not be liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, unless it is a matter of a breach of material contractual obligations.
10.4 Insofar as ABC is liable for damages on the merits, this liability is limited to damages that were foreseen by ABC as a possible consequence of a breach of contract when the contract was concluded or that ABC should have foreseen if it had exercised due diligence. Moreover, cash damages and consequential damages resulting from defects or poor performance are only eligible for compensation if such damages are typically to be expected when the services provided by ABC are used as intended.
10.5 In the event of liability for simple negligence, ABC's obligation to pay compensation for material damage and any resulting further financial losses shall be limited to the value of the underlying service (in the case of continuing obligations, pro rata temporis) per case of damage, even if this involves a breach of material contractual obligations.
10.6 Unless otherwise agreed, further claims are excluded, regardless of the legal grounds. ABC shall also not be liable for direct or indirect consequential damages.
10.7 If and insofar as ABC provides water, district heating, gas, electricity, telephony and Internet from the supply networks of utility companies, the client shall not assert any further claims for damages in the event of ABC's liability for service disruptions than those to which ABC is entitled vis-à-vis the respective utility company in accordance with the relevant provisions. The customer shall immediately notify ABC and the supplying utility company in writing of any such damage.
10.8 Any remaining claims shall become time-barred twelve months after performance of the service, unless the damage was caused intentionally or by gross negligence.
11. Insurances
The client is obliged to take out adequate insurance against all damage and loss of any items brought into the office premises provided by ABC
12. Final Provisions
12.1 Amendments and supplements to the contract must be made in writing. This shall also apply to any agreement on the cancellation or waiver of the written form requirement.
12.2 All personal and company-related data shall be treated confidentially by ABC. The client has acknowledged that ABC stores data from the contractual relationship in accordance with Art. 6 para. 1 lit. b GDPR for the purpose of executing the contract. Where necessary, data will also be transmitted to third parties (e.g. contractual partners). The customer has been referred to ABC's data protection information sheet for further information on this.
12.3 Should individual provisions of the contract, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
12.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Hamburg (centre). The same applies if the customer has no general place of jurisdiction in Germany.
Bank details ABC:
Bank account for business transactions:
Recipient: ABC Workspaces GmbH
Bank: Hypo Vereinsbank
IBAN: DE20200300000015416651
BIC: HYVEDEMM300
Bank account for security deposits / rent deposits:
Recipient: ABC Workspaces GmbH
Bank: Hypo Vereinsbank
IBAN: DE07200300000015602543
BIC: HYVEDEMM300