General Terms and Conditions of PINC Solutions GmbH PINC SPACES Venue Rental
1. General
1. The following General Terms and Conditions apply to all services provided by PINC Solutions GmbH for the area of PINC SPACES venue rental, that are provided to users / contractual partners.
2. The offer is directed to both private customers and companies.
3. The workshop rooms may only be used by the user for the designated operation and purpose specified. Violation of this provision entitles PINC Solutions to terminate the contract without notice.
2. Description of Services
The subject of the offers and services of PINC Solutions GmbH, for the service of PINC SPACES, is the rental of meeting, event, office, and workshop spaces. Additional services include the provision of infrastructure, including Wi-Fi, projectors, and other presentation materials, as well as cleaning. There is no legal entitlement to these services.
3. Access Conditions
1. The opening hours of PINC Solutions, for the service of PINC SPACES at Lenzstraße 5 in Nuremberg, are Monday to Friday from 9:00 am to 6:00 pm. PINC SPACES is closed on weekends and public holidays. Opening hours can be extended by agreement with the customer.
2. For room rentals, the duration of the event is determined by the period stated in the contract. The rooms will be opened/closed half an hour before/after the rental start time, unless otherwise agreed.
4. Conclusion of Contract
1. By signing the sublease agreement with PINC Solutions, for the service of PINC SPACES, the selected rates chosen by the user come into effect.
2. By signing, the user confirms that the provided data is complete and truthful. The user is obliged to promptly notify any changes to their personal data.
5. Rates and Payment Terms
1. All prices of PINC Solutions, for the service of PINC SPACES, are net prices plus the applicable statutory value-added tax.
2. Guests and users of meeting and event rooms have a payment deadline of 14 days after receiving our invoice. Our cancellation policy applies.
3. Non-calendar-based invoices are due within 14 days from the invoice date without deduction. If payment is delayed, PINC Solutions, for the service of PINC SPACES, is entitled to claim statutory default interest. Furthermore, PINC Solutions, for the service of PINC SPACES, may charge a flat-rate reminder fee of € 5.00 per reminder.
4. The final billing is based on the actual usage and any additional services provided during the rental period, but at least according to the scope specified in the contract. There is no right to a reduction in the contract amount due to lower usage than contractually agreed.
5. For room use outside the contractually agreed time, each started hour will be charged as a full hour, unless otherwise agreed.
6. The duration and prices for the use of the premises are determined solely based on the order confirmation issued by PINC Solutions, for the service of PINC SPACES. If fixed prices are stated in the order confirmation and more than 4 months elapse between contract conclusion and service provision, PINC Solutions, for the service of PINC SPACES, is entitled to make price changes. Catering can only be commissioned by PINC Solutions, for the service of PINC SPACES, in the event spaces and adjacent areas. Commissioning third-party companies by the customer within the premises is excluded. A price for catering will be determined in the order confirmation.
7. Payments must be made cashless and free of charge for the payee.
8. Upon signing an offer with an agreed remuneration of €10,000 (net), 20% of the agreed room rent will become due automatically. This amount is non-refundable.
6. Number of Participants
The client agrees to inform PINC Solutions, for the service of PINC SPACES, in writing of any deviation in the number of participants from the offer, at the latest 10 working days before the event. This information is considered a guaranteed contractual content and will be considered in the final invoice accordingly. This information is considered a guaranteed contractual content and will be considered in the final invoice accordingly.
7. Technical Facilities
The tenant must inform PINC Solutions, for the service of PINC SPACES, of the technical requirements of the event before or upon conclusion of the rental agreement, but no later than 7 days before the start of the rental period. If the tenant fails to comply with this obligation, PINC Solutions, for the service of PINC SPACES, cannot guarantee the provision of the necessary technical equipment for the event.
8. Cancellation of the Contract
For events with agreed compensation up to € 5.000 (net) total revenue:
- Up to the 14th working day (Monday to Friday) before the agreed start of the event, the customer will not pay any compensation.
- Up to the 10th working day before the agreed start of the event, the customer will pay 50% of the agreed compensation.
- Up to the 5th working day before the agreed start of the event, the customer will pay 70% of the agreed compensation.
For events with agreed compensation up to € 10.000 (net) total revenue:
- Up to the 21st working day (Monday to Friday) before the agreed start of the event, the customer will not pay any compensation.
- Up to the 11th working day before the agreed start of the event, the customer will pay 50% of the agreed compensation.
- Up to the 6th working day before the agreed start of the event, the customer will pay 70% of the agreed compensation.
- For later cancellations, the full compensation will be charged.
9. Data Protection
1. PINC Solutions, for the service of PINC SPACES, will comply with the provisions on data protection according to the European General Data Protection Regulation (GDPR) and other applicable legal regulations on data protection.
2. The user agrees to the storage of their personal data necessary for contract execution on data carriers.
10. Contract Execution
1. Subletting to third parties is excluded.
2. The user will not attempt unauthorized access to the infrastructure through hacking or similar methods.
3. The user confirms that they will not use the services and infrastructure of PINC Solutions, for the service of PINC SPACES, for any of the following activities: a. Use in connection with competitions, MLM (pyramid schemes), chain letters, spam emails, or any other form of unwanted messages or advertising (both private and business); b. Defamation, abuse, harassment, stalking, threats, or any other violation of legal provisions (such as privacy, personal rights) of individuals or companies within and outside the coworking space; c. Dissemination of immoral, offensive, or otherwise unlawful materials or data within or through the infrastructure provided by PINC Solutions, for the service of PINC SPACES; d. Distribution or provision of data containing images, photographs, software, or other material protected by intellectual property laws (e.g., trademark law) unless the user is the rights holder or has the authorization to distribute it; e. Distribution of data containing viruses, trojans, worms, bots, or other malicious software; f. Illegal downloading of copyrighted data; g. Hindrance or prevention of other users’ access to and use of the services and infrastructure of PINC Solutions, for the service of PINC SPACES.
11. Warranty, Liability
1. The user has thoroughly inspected the area before concluding the contract. They agree to tolerate any necessary repair work and assure that they will not derive any reduction rights or claims for damages from any impairments to the building, unless caused intentionally or through gross negligence by PINC Solutions, for the service of PINC SPACES.
2. In all cases in which PINC Solutions, for the service of PINC SPACES, is liable for damages or expenses in the course of business dealings due to contractual or statutory grounds for claims, PINC Solutions, for the service of PINC SPACES, is only liable if intent, gross negligence, or a violation of life, body, or health is attributed to it, its senior executives, or vicarious agents. The liability for the negligent violation of essential contractual obligations and guarantees remains unaffected. However, liability is limited to the foreseeable, typically occurring damage. Liability for consequential damages, in particular for lost profit or compensation for damages suffered by third parties, is excluded unless PINC Solutions, for the service of PINC SPACES, is guilty of intent or gross negligence.
PINC Solutions, for the service of PINC SPACES, assumes no liability for the infringement of third-party rights regarding the work of the users, as well as the transmission of data and data carriers by the user. The user is responsible for ensuring that all violations of competition law, copyright law, trademark law, data law, or any other legal violations are avoided within the framework of the contractual relationship with PINC Solutions, for the service of PINC SPACES. If PINC Solutions, for the service of PINC SPACES, becomes aware of such violations, the contractual relationship will be terminated immediately. In the event of a violation of the law, the user will indemnify PINC Solutions, for the service of PINC SPACES, from any claims by third parties. The user will reimburse PINC Solutions, for the service of PINC SPACES, for the costs of legal action in the amount of the statutory attorney’s fees if PINC Solutions, for the service of PINC SPACES, is claimed by third parties due to a legal violation.
12. Insurance
PINC Solutions, for the service of PINC SPACES, is insured in its business activities. However, there is no insurance coverage for the personal belongings of users. Therefore, the conclusion of suitable personal insurance is recommended.
13. Termination of the Usage Agreement
1. The user must treat the items with care and return them to PINC Solutions, for the service of PINC SPACES, at the end of the usage in a contractual, defect-free, and functional condition. The user is fully responsible for any damages to or lost furnishings, which must be replaced.
2. The user must return all keys and key cards issued to them to PINC Solutions, for the service of PINC SPACES, without delay at the end of the contract term.
14. Amendment of the Terms and Conditions
PINC Solutions, for the service of PINC SPACES, reserves the right to amend these Terms and Conditions at any time. The user will be notified of the amendment without delay. If the user does not object to the amendment of the Terms and Conditions within 14 days after receiving the notification of the amendment, the amended Terms and Conditions will be deemed accepted.
15. Final Provisions
1. There are no oral collateral agreements. All collateral agreements require written form.
2. The laws of the Federal Republic of Germany apply.
3. The place of jurisdiction is the registered office of PINC Solutions GmbH in Munich.
4. Should individual provisions be or become wholly or partially invalid or lose their legal validity later on, this shall not affect the validity of the other provisions of the Terms and Conditions. In this case, the parties undertake
to agree on an effective provision that comes as close as legally possible to expressing the parties’ interests as expressed in these Terms and Conditions. The same applies in case of any necessary additions.
Status of the Terms and Conditions: July 2023
PINC Solutions GmbH, PINC SPACES, Lenzstraße 5, 90408 Nuremberg