Terms and Conditions Heins arbeitet

Terms and Conditions of Heins arbeitet

§ 1 Scope, Definitions

The following Terms and Conditions apply exclusively to all contracts concluded via the website www.bei-heins.de/heins-arbeitet / the booking tool „Mews“ for the rental of rooms in the building H1, Philipp-Reis-Platz 1a, 33602 Bielefeld, e (hereinafter also referred to as „Property“). The Property is owned by Objekt Hochhaus Bielefeld Betriebsgesellschaft mbH (hereinafter also referred to as OHBB or the Landlord) and the customer or the respective customer (hereinafter generically referred to as the Tenant), together referred to as the „Parties“, as well as for all related other services agreed upon by the Landlord and its service providers, unless these are subject to a separate agreement.

All agreements between the Tenant and the Landlord in connection with the contract result from these terms and conditions and the Landlord’s confirmation of the contract. These terms and conditions apply exclusively. The Customer’s general terms and conditions will not be part of the contract unless the Landlord explicitly agrees to their applicability in writing.

§ 2 Contractual Partners, Offer, Conclusion of the Contract

In the event of a contract being concluded, the contract comes into effect between the Tenant and, as the Landlord, Objekt Hochhaus Bielefeld Betriebsgesellschaft mbH, Ummelner Straße 4–6, 33649 Bielefeld, registered in the commercial register of the Bielefeld District Court under HRB 45330, represented by Dr. Andreas Iding and Rebecca Bewer.

Contact details: arbeitet@bei-heins.de

The provision of the online booking system Mews is not a binding offer by the Landlord, but rather an invitation to the Tenant to make an offer for the conclusion of a contract for renting workplaces and rooms as well as booking additional services.

The contract is only concluded when the Landlord issues an acceptance statement. For this purpose, the Tenant will receive a separate email (contract confirmation). By clicking the „Book and Pay“ button, the Tenant submits a legally binding offer to conclude a rental agreement. A prerequisite for booking a workplace/room or any additional services offered is the prior submission of booking information and the selection of a payment method in the online booking system Mews. After submitting the information, the Tenant will promptly receive a separate email with a contract confirmation.

The Tenant must enter the required mandatory details (address data, phone number, email, payment data) for the contract conclusion process in the designated input field on the „Heins arbeitet“ website. This process is non-binding and does not constitute a contract offer. All entries by the Tenant are summarized just before submitting the offer and can be reviewed and corrected if necessary.

After the customer has entered all required mandatory details and selected the payment method, they must accept the terms and conditions by checking the corresponding checkbox. At the end of the ordering process, the customer clicks the „Book and Pay“ button. By doing so, they make a binding offer to conclude the rental agreement. The Landlord is entitled to accept this offer by sending a contract confirmation.

§ 3 Subject of the Contract

(1) Upon completion of the booking process and confirmation of the contract, the Landlord is obliged to provide the Tenant with the premises/workplaces and services selected by the Tenant in the agreed scope and for the agreed duration of use.

(2) The subject of the contract is the rental of rooms and/or workplaces within the Property, including the associated furniture and other equipment (hereinafter: Inventory) for use in the context of the Tenant’s commercial or self-employed professional activity, for a fee and for a limited time. The leased object, as defined in the rental agreement, includes:

a non-reserved, type-specified workplace in the open co-working area (Flex Desk „The Freedom Lovers“),
a type and location specified, reserved workplace for the Tenant in the open co-working area (Fix Desk „For Regular Guests“)
a type and location specified, reserved, physically separated office space for the Tenant (Heins „Stuben“)
a type and location specified, reserved meeting/conference room for the Tenant („Kämmerchen“)

(3) The co-working spaces are open communal office areas, in which other customers may have rented workplaces. All spaces and rooms (co-working spaces, office spaces) are rented exclusively for use as workplaces and office spaces without competition protection.

(4) The guarding, safekeeping, or surveillance of the rented workplaces and the Tenant’s brought-in items, as well as the provision of insurance coverage, are not part of the contract. Even if personnel are present in the property, this does not imply any custody or liability assumption.

(5) The Tenant is entitled to use the communal facilities on the floors (kitchens, restrooms, and lounge areas) and the public areas of the property at their own risk, unless these are rented for exclusive use to third parties or are exclusively used by the Landlord. Other parts of the property and building may only be used by the Tenant with prior approval from the Landlord. Additionally, Heins’ customs apply.

(6) If additional services (e.g., rental of technical equipment, additional furniture, catering, drink delivery, event organization, or other additional catering) have been agreed upon, the provision of these services will only occur upon payment of the agreed fees and based on any separate agreement.

If the Tenant wishes to use additional services, they will generally instruct the Landlord and may not perform these services themselves or source them from third parties without the prior approval of GOLDBECK. The availability of additional services will be shown to the customer during the tariff selection process. In this case, the additional terms for additional services apply.

§ 4 Rental Period, Duration, and Handover

(1) The leased object must be returned in a contractual condition, cleared, and cleaned at the end of the rental period.

(2) A late return of the leased object obligates the Tenant to compensate for the duration of the retention – at the Landlord’s discretion, either in the amount of the agreed rent, a local market rent for comparable spaces, or a rent higher than the agreed rent, as agreed with a subsequent tenant. The assertion of further damages is not excluded, especially if the delayed return prevents the re-rental of the space.

(3) In the case of an early termination of the rental agreement by the Tenant, for which the Tenant is responsible, the Tenant is liable for the loss of rent, operating costs, and other damages.

(4) Any items left behind will be removed and stored by the Landlord at the Tenant’s expense. If the removal or storage involves disproportionately high effort, the Landlord may leave the items in the leased object and charge the agreed rent as compensation for the duration of their stay.

§ 5 Obligations at the End of the Rental Agreement

(1) The leased object must be returned in a contractual condition, cleared, and cleaned at the end of the rental period.

(3) In the case of an early termination of the rental agreement by the Tenant, for which the Tenant is responsible, the Tenant is liable for the loss of rent, operating costs, and other damages.

§ 6 Rental Price, Payments, and Costs

(1) The rental price is the amount displayed during the order process in the online booking system Mews, which is accepted by the Tenant by confirming the „Book and Pay“ button.

(2) The amount of rent is determined by the rental agreement concluded by the Parties. The rent includes operating and additional costs. Not included are services additionally used by the Tenant, which are to be paid separately according to a separate agreement.

(3) The agreed rent is due for payment in advance and is owed regardless of whether the Tenant uses the rented spaces or actually makes use of the ordered services. The same applies to all other ongoing payments of the Tenant, unless otherwise agreed. Chargeable additional services will be due for payment at the end of a calendar month, unless otherwise agreed.

(4) The agreed rent only covers the rental of the spaces for the agreed time with the agreed number of persons, unless otherwise agreed. In this case, an additional fee (extra person surcharge) is owed for the use by the exceeding number of persons.

(5) The rental price for the co-working spaces is generally due in advance for the full rental period and must be paid to the Landlord via the payment method selected during the booking process.

(6) When renting a meeting or conference room, payment can be made by invoice according to prior agreement. The Tenant will receive an invoice via the email address provided during the booking process after the rental period has expired. The invoice must be paid immediately, and in any case within 14 days.

(7) In the event the Tenant is in arrears with the payment of the rental price, the Landlord is entitled to deny the Tenant access to the premises until full payment of all outstanding amounts. Access will only be granted once the full amount owed by the Tenant has been received in the Landlord’s account or proof of payment is provided by the Tenant.

(8) The timeliness of the payment is determined not by the dispatch, but by the receipt or irrevocable crediting of the amount to the agreed rental account. The Tenant cannot derive the right to make late rental payments from multiple untimely payments. In case of late payment, the Tenant is obligated to pay any bank charges, reminder fees of €25.00 per reminder, and default interest at the statutory rate. The assertion of further claims for damages remains unaffected and reserved.

(9) The Tenant is only entitled to set off, reduce, or withhold payments if their claim has been acknowledged or legally established, and the Tenant has fully complied with their contractual obligations. This does not affect their right to independently assert any claims, particularly in cases of unjust enrichment, in court.

§ 7 Purpose of Use, Use of the Leased Property, and Subletting

(1) The use of the leased property is only permitted for the agreed purpose. The agreed purpose is solely for business use as office space (Co-Working and Office Space) or conference room (Conference Space), unless a different purpose has been explicitly agreed. The Tenant may not use the leased property for purposes other than those mentioned above without the prior written consent of the Landlord.

(2) The use is only permitted with the agreed number of persons. The users include the Tenant as well as all persons who use the rented premises by invitation, permission, or tolerance of the Tenant, particularly employees, agents, and guests of the Tenant (hereinafter: „Users“). For Co-Working Spaces and Office Spaces, one person per workstation is agreed. For Conference Spaces, the number of persons depends on the size of the room being used.

(3) The Tenant agrees to handle the leased property and the commonly used parts of the building, installations, and facilities with care, including energy-efficient usage. During the contractual use of the leased property, the Tenant must exercise consideration. The Tenant must particularly refrain from any behavior that could disturb other tenants and users or impair the use of other workstations, especially by creating noise or odors. The observable customs of Heins in the property must be adhered to and will be explicitly part of the contract upon conclusion.

(4) If the Tenant or its users violate the above provisions or the house rules, the Landlord may impose a ban on entry for the responsible persons. In the case of serious or repeated violations, the Landlord may terminate the rental agreement without notice.

(5) The Tenant may not make any changes to the leased property or the other rooms, including the furnishings and equipment, without the explicit consent of the Landlord, particularly no alterations or installations. The room arrangement and placement of the inventory found by the Tenant at the start of the contract or as agreed are binding. Any measures taken without the Landlord’s consent must be immediately removed by the Tenant at their own expense and restored to the previous condition if requested by the Landlord. If the Tenant fails to do so after an unsuccessful reminder and within a reasonable period, the Landlord is entitled to remedy the situation at the Tenant’s expense.

(6) Any change or significant extension of the agreed use, as well as any partial or complete subletting of the rental premises to third parties, is prohibited without the prior consent of the Landlord. The refusal of consent by the Landlord does not entitle the Tenant to terminate the rental agreement.

(7) A substantial breach of the aforementioned obligations entitles the Landlord to extraordinary termination of the rental agreement without notice.

§ 8 Structural Changes, Renovations, Access Rights of the Landlord

(1) The Landlord is entitled to carry out construction and renovation measures that are necessary for the maintenance or improvement of the leased property or the rest of the property, both indoors and outdoors. The Landlord will make efforts to ensure that such measures are not carried out at inconvenient times. Claims by the Tenant due to disruptions caused by construction and/or renovation measures are excluded.

(2) The Landlord is entitled to enter the leased property during the general opening hours of the property, and in case of imminent danger, at any time of day or night. The Landlord will notify the Tenant in advance. In the event of imminent danger, the leased property may be entered at any time of day or night without prior notice.

§ 9 Liability of HEINS

(1) Unless otherwise specified in the contractual conditions, the Landlord is liable for violations of contractual or non-contractual obligations according to the statutory provisions. The Landlord is liable for damages – regardless of the legal grounds – under fault-based liability in the case of intent and gross negligence. In the case of simple negligence, the Landlord is liable, subject to a milder standard of liability according to statutory provisions (e.g., for care in its own affairs) only for:

Damages resulting from injury to life, body, or health
Damages arising from a non-negligible violation of an essential contractual obligation (an obligation whose fulfillment makes the proper execution of the contract possible and on whose compliance the Tenant regularly relies and may rely); in this case, the Landlord’s liability is limited to compensating for the foreseeable, typically occurring damage.

(2) The Tenant is liable to the Landlord for damage to the leased premises and the inventory, equipment, and systems belonging to the leased premises caused by the Tenant, persons belonging to their company or business, workers, employees, visitors, customers, suppliers, or third parties commissioned by them. The Tenant bears the burden of proof that no culpable behavior was involved. The Tenant is required to immediately report any damage at the service terminal of the property.

(3) The provided premises are not intended for children. The legal guardians must diligently fulfill their supervisory duties and are liable for any damage caused by their children.

§ 10 Advertising Measures

(1) The Tenant is only entitled to place a company sign of a size and design that corresponds to the surroundings and style of the building, and only in coordination with the Landlord and after obtaining the Landlord’s approval.

(2) If shared advertising facilities are installed for all tenants, all advertising signs must have a uniform size and design. The proper installation and maintenance will be carried out by the Landlord at the Tenant’s expense in accordance with the Tenant’s corporate design.

(3) Advertising for third parties is not permitted.

§ 11 Internet Access

(1) The Landlord maintains internet access via WLAN in the property and allows the Tenant to share the WLAN internet access for the agreed rental period. The Tenant does not have the right to grant third parties access to the internet.

(2) The Tenant is solely responsible for actions taken within the framework of internet use. The Tenant is subject to legal, particularly criminal and copyright restrictions, when querying, storing, transmitting, distributing, and displaying certain content.

(3) The Tenant assures that they and all persons using the internet access provided by the Landlord on their behalf will comply with legal provisions and, in particular, refrain from illegally copying, distributing, or downloading copyrighted material or criminally relevant content.

(4) In the event of violations by the Tenant or their users of the above assurances, the Landlord is entitled to block access and/or remove information.

The Tenant agrees to indemnify the Objekt Hochhaus Bielefeld Betriebsgesellschaft mbH from any third-party claims (particularly for damages) as well as all economic disadvantages resulting from a violation of the aforementioned duties (particularly unlawful use of the internet access). The Tenant agrees to reimburse Objekt Hochhaus Bielefeld Betriebsgesellschaft mbH for any necessary and reasonable expenses and costs incurred by the company due to a violation of third-party rights or legal requirements arising from the Tenant’s or their employees’ use of the internet access.

(5) The internet access provided by the Landlord is operated by an external provider. The Landlord has no control over the availability or bandwidth of the service. The Tenant is aware that due to maintenance or technical difficulties, there may be temporary unavailability or reduced bandwidth. Claims arising from this are excluded.

(6) The Tenant is aware that the available bandwidth is limited. The Tenant is prohibited from taking any actions that could impair the operation or use of the internet access by themselves or other tenants. The Tenant will ensure that they have a backup solution in place in case of temporary unavailability or insufficient bandwidth (e.g., access to a mobile network, regular data storage to prevent damage due to temporary unavailability or insufficient bandwidth).

(7) The Tenant is advised that the WLAN only provides internet access and that no virus protection or firewall is provided. Data traffic made through the WLAN is transmitted unencrypted. The use of the WLAN is at the Tenant’s own risk. The Tenant is responsible for the data transmitted over the WLAN, the paid services used, and any legal transactions made. If the Tenant visits paid websites or incurs liabilities, they are responsible for any resulting costs.

§ 12 Printer Usage

As part of the use of the Co-Working Space, the Tenant is provided with the opportunity to use printers and scanners. The devices are maintained by an external service provider, and data is processed by them. To use the devices, the Tenant will receive an authorization link via email upon handover (or upon Check-In for short-term rentals). The link is for the exclusive use of the Tenant and must not be shared with third parties. By using the printer link, the Tenant agrees to the terms of use of the external service provider.

The Tenant assures that they and all persons using the printers and scanners at their request will comply with legal provisions and, in particular, refrain from illegally printing, copying, distributing, or downloading copyrighted material or criminally relevant content. In the event of violations by the Tenant or their users of the above assurances, the Landlord is entitled to block access and/or remove information. The Tenant agrees to indemnify the Landlord from any third-party claims (particularly for damages) and all economic disadvantages resulting from violations of the aforementioned duties (especially unlawful use of the printing and scanning access).

§ 13 Multiple Tenants

(1) If multiple persons have entered into the rental agreement, they are jointly and severally liable for the obligations arising from the rental agreement. The early release of a tenant requires the prior written consent of the Landlord in each individual case.

(2) For the legal effectiveness of a declaration of intent by the Landlord, it is sufficient if it is made to one Tenant. The Tenants mutually authorize each other to receive declarations of intent from one Tenant for and against the other Tenants. The above provisions also apply to amendments to the contract and the receipt of terminations.

§ 14 Cancellation Rights, Termination Rights

(1) The Landlord grants the Tenant the following cancellation rights when booking an Office or Conference Space:

If the cancellation notice for a booked Office Space is received by the Landlord:

up to 24 hours before the start of the rental period, the cancellation is free of charge
for a later cancellation, 50% of the agreed remuneration is due

If the cancellation notice for a booked Conference Space is received by the Landlord:

up to 48 hours before the start of the rental period, the cancellation is free of charge
24 hours before the start of the rental period, 80% of the agreed remuneration is due
for a later cancellation, 100% of the agreed remuneration is due

The cancellation notice can be made through the booking tool Mews.

(2) If the rental agreement for a Co-Working / Office Space is for a specific period, ordinary termination by the Tenant is excluded during this period.

(3) The right of both parties to terminate the agreement without notice for a valid reason remains unaffected.

If the valid reason is a breach of contract (action or omission), the termination is only allowed after an unsuccessful expiration of a remedy period or an unsuccessful warning. A remedy period or warning is not required if the Tenant definitively refuses to change their behavior or if there are special circumstances that justify immediate termination after balancing the interests of both parties.

A valid reason for the Landlord is particularly present if:

there is unauthorized subletting or transfer of use;
there is a violation of the usage and conduct rules of the property,
the Landlord learns of circumstances indicating that the Tenant’s financial situation has significantly deteriorated after the contract was concluded;
a space was booked under misleading or false statements of essential facts, particularly about the Tenant’s identity or the purpose of the rental;
based on facts, there is a justified suspicion that the safety of the property or the public reputation of the Landlord is at risk.

§ 15 Other

(1) The landlord is not obligated to participate in a dispute resolution procedure before a consumer arbitration board and is not willing to do so. Reference is made to the online dispute resolution of the European Commission and the corresponding online platform at http://ec.europa.eu/consumers/odr/. The landlord’s email address is: arbeitet@bei-heins.de

(2) Changes to personal or business data (address, email address, etc.) must be promptly communicated to the landlord. The tenant is obligated to promptly notify the landlord of any changes by updating their master data (billing address, address, contact details).

(3) The law of the Federal Republic of Germany shall apply. For consumers who conclude the contract for purposes other than professional or commercial ones, the choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence. The provisions of the UN Sales Convention do not apply.

(4) If any individual provision of these terms and conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.

(5) The tenant’s consent to a change in these General Terms and Conditions or to a rent adjustment is deemed granted if the landlord has notified the tenant of the change, provided the tenant with a reasonable period of time to grant consent, and informed the tenant that their consent will be deemed granted if they do not object in writing or in text form (email) within the period, and if no such objection is received within the period.

For inquiries, suggestions, and requests, tenants can write to: arbeitet@bei-heins.de