General terms and conditions of DB Station&Service GmbH "everyworks"
- Subject matter of the contract
- Downloading the app; registration; booking of Work Spaces
- Prices and payments
- Warranty and liability of everyworks in respect of the use of Work Spaces
- Obligations of the customer in respect of the everyworks app
- Use of Work Spaces and the inventory by the customer; customer's obligations of conduct
- Internet use
- Use of Work Spaces or the inventory by third parties
- House rules
- Right of withdrawal
- Terminating the use of Work Spaces
- Termination of the contract to use the everyworks app
- Final provisions
Option to download the General terms and conditions of DB Station&Service GmbH "everyworks" as PDF in German and English agb_everyworks_de_en_web.pdf
1.1 Through its app ("everyworks app"), DB Station&Service AG, Europaplatz 1, 10557 Berlin, firstname.lastname@example.org, ("everyworks") offers the customer the option to set up a user account ("user account") by registering and conclude con-tracts on the short-term use of workplaces (Minute Seat, also referred to hereinafter as "Work Spaces") at different locations ("everyworks location")
1.2 The general terms and conditions below (“Terms”) apply to all contracts between everyworks and the customer ("customer"), referred to collectively as "parties". Con-tradictory general terms and conditions of the customer are excluded, even if these are not expressly contradicted by everyworks.
1.3 everyworks will not save the wording of this contract after the conclusion of the contract. The customer may access the general terms and conditions in the main menu of the everyworks app at any time.
Subject matter of the contract
2 Subject matter of the contract
2.1 everyworks shall grant the customer the option of using Work Spaces, including general areas and all inventory, for a fee ("Usage Fee"). Furthermore, the customer has the option to purchase additional services, such as beverages, snacks and photocopies, for a separate fee. The purchase of these services is not covered by these Terms.
2.1.1 everyworks is obligated to provide the customer with Work Spaces in the contractu-ally agreed scope and at the agreed location.
2.1.2 The Usage Fee to be paid by the customer covers payment for the use of the agreed Work Spaces and general areas. The size of the Work Spaces has no in-fluence on the amount of the Usage Fee.
2.1.3 The customer may select Minute Seats. If Minute Seats are not available at the everyworks location in question, they will not be shown to the customer during the booking process.
126.96.36.199 Minute Seats include short-term use by the customer of a Work Space available at the everyworks location. everyworks shall display the Usage Fee for the use of the Minute Seat in the everyworks app and invoice the fee precisely to the mi-nute. The maximum period of use of Minute Seats shall be until the end of the working day (based on the opening hours of the everyworks location shown to the customer in the everyworks app). The entitlement to use Minute Seats shall end when the customer checks out by scanning the QR code at the scanner at the location in question as he/she leaves. If the customer wishes to use the Mi-nute Desk again after checking out, he/she must conclude a new contract for a Minute Seat using the everyworks app.
2.2 everyworks shall not be liable for compliance with the German Workplaces Regula-tion, the German Workplace Directive, or other labour law requirements or provi-sions affecting the customer's business operations.
Downloading the app; registration; booking of Work Spaces
3 Downloading the app; registration; booking of Work Spaces
3.1 By clicking the "Install"/"Download" button (wording differs depending on the App Store used) on the product description page and – if necessary - enters his/her password for the App Store in question, he/she is submitting a binding offer to conclude a contract on the use of the everyworks app. This offer is accepted when the everyworks app begins downloading; further details shall be governed by the general terms and conditions of the App Store used.
3.2 The customer may only book Work Spaces in the everyworks app if he/she is a registered user. The following applies to the free registration:
3.2.1 The customer submits a binding offer to register as a user by entering the required information in the registration screen of the everyworks app and clicking the "Regis-ter" button ("Registration Offer").
3.2.2 Until he/she has clicked on the "Register" button, the customer may cancel registra-tion or change the entered data at any time by deleting, adding to or correcting the entries in the various fields or by closing the everyworks app.
3.2.3 The contract on the use of the everyworks app ("Registration") between everyworks and the customer comes into effect when, immediately after receipt of the Offer at everyworks, everyworks sends a confirmation of receipt of the Registration Offer to the e-mail address entered by the customer during registration. This e-mail consti-tutes acceptance of the Registration Offer by everyworks and contains an activa-tion link, with which the customer can activate his/her user account.
3.3 The following applies to the booking of Minute Seats:
3.3.1 The display of available Minute Seats in the everyworks app does not constitute a binding offer to conclude a contract on the use of a Minute Seat, but simply invites the customer to submit an offer.
3.3.2 The customer triggers a binding offer from everyworks to use a Minute Seat by clicking the "Access pass" button ("Offer to use a Minute Seat"). To clarify: The customer does not yet submit a binding declaration by clicking the "Access pass" button. Clicking the "Access pass" button triggers an offer from everyworks to use a Minute Seat.
3.3.3 In the everyworks app, everyworks then displays the customer a QR code that pro-vides him/her with access to the Minute Seat ("Minute Seat Access Pass"). The customer can retrieve the Minute Seat Access Pass in "Access" within the every-works app until the term has expired.
3.3.4 The Offer from everyworks is limited to the time period stated in the Minute Seat Access Pass and requires the customer to successfully scan the Access Pass.
3.3.5 The customer accepts the offer from everyworks to use a Minute Seat by correctly scanning the Minute Seat Access Pass at the everyworks location ("Acceptance of Offer to use a Minute Seat"). When the customer accepts the Offer to use a Minute Seat, the contract on the use of a Minute Seat is concluded between everyworks and the customer.
3.3.6 Until he/she has scanned the Minute Seat Access Pass, the customer may cancel the process or change any entered data at any time by deleting the Minute Seat Access Pass via "Cancel reservation", or by allowing the period of time stated in the Minute Seat access pass to expire without scanning the Access Pass.
Prices and payments
4 Prices and payments
4.1 Usage fee
4.1.1 By concluding the contract on the use of Work Spaces, the customer undertakes to pay the Usage Fee agreed on conclusion of the contract.
4.1.2 Unless otherwise stated, all prices are gross and include statutory value-added tax. The Usage Fee for the desired Work Space category is calculated by the every-works app and is shown clearly to the customer during the booking process.
4.1.3 Unless otherwise agreed upon with the customer, the Usage Fee for the Minute Seat must be paid at the end of the usage. The customer will be notified of the ac-tual amount of the Usage Fee for the Minute Desk, based on the period of use, in his/her user account after check-out and in an e-mail sent to the customer by everyworks when his/her use has ended. The chargeable period for the use of the Minute Desk is the time between customer check-in at the everyworks location, minus the goodwill period stated in the everyworks app, and customer check-out in accordance with clause 12.1.
4.2 Payment shall be made using the payment method the customer selected during registration and/or in his/her user account.
If everyworks subcontracts payment processing to a third party, for example Payone GmbH, the general terms and conditions of this party shall apply in addition.
4.3 Any costs for additional services shall be paid for separately.
Warranty and liability of everyworks in respect of the use of Work Spaces
5 Warranty and liability of everyworks in respect of the use of Work Spaces
5.1 Unless otherwise expressly stated in these Terms, the customer shall be entitled to make claims against everyworks for contractual or statutory damages only in the following cases:
a) Breach of duty through wilful or gross negligence on the part of everyworks,
b) A breach of essential contractual obligations on the part of everyworks at least through negligence, essential contractual obligations being defined as enabling the orderly performance of the contract and on whose observance the parties can therefore rely to a great degree,
c) Fraudulent concealment of a defect by everyworks or its accountable third party,
d) Injury to life, the body or health due to a breach of duty by everyworks through at least negligence,
e) Damages that are reimbursed under an insurance policy concluded by eve-ryworks,
f) Damages caused by the violation of a representation or guarantee issued by everyworks.
5.2 In the cases mentioned in clause 5.1.b), liability for material or financial damages caused by negligence shall be limited to damages that are foreseeable at the time the contract was concluded and are typical for this type of contract.
5.3 Insofar as the liability of everyworks is excluded by this contract, this shall apply equally to claims against other everyworks bodies (e.g. managing directors or ex-ecutive boards), employees or agents (e.g. contracted craftsmen).
5.4 everyworks shall not be liable for disruptions to use caused by third parties, includ-ing other Work Space customers. However, it will attempt to remedy disruptions of which it is notified.
5.5 Strict liability of everyworks for initial material defects in accordance with Section 536a German Civil Code is excluded. Moreover, clauses 5.1 and 5.2 shall apply.
Obligations of the customer in respect of the everyworks app
6 Obligations of the customer in respect of the everyworks app
6.1 The customer can only use his/her user account once he/she has clicked on the activation link and everyworks has verified the payment data he/she entered during registration.
6.2 The customer is obliged to deal carefully with the access data for the user account. The customer must not share the access data for the user account with third par-ties nor permit them access to the everyworks app using the access data.
6.3 The customer undertakes to deal carefully with the Minute Seat Access Pass. In particular, the customer shall not share an access pass with third parties by hand-ing them the mobile device used for the booking or an on-screen image.
Use of Work Spaces and the inventory by the customer; customer's obligations of conduct
7 Use of Work Spaces and the inventory by the customer; customer's obligations of conduct
7.1 The customer may use the Work Spaces only for the contractually agreed purpose, i.e. as work spaces. The use of Work Spaces or general areas for private purposes, particularly private festivities, by the customer, his/her employees or third parties to which the customer grants access as per clause 9 is prohibited.
7.2 The customer shall treat the Work Spaces and inventory with care. The customer shall notify everyworks immediately in respect of any damage. The customer shall be liable for any damage beyond wear and tear, as per this contract, caused by the customer him/herself, his/her agents or third parties that use Work Spaces or the inventory at the customer's behest.
7.3 The customer must refrain from any activities that are detrimental to the everyworks location or the inventory or could harm the reputation of everyworks.
7.4 The customer must not connect his/her own coffee machines, ovens, microwaves, hot plates or other electrical appliances in Work Spaces that he/she is using.
7.5 To prevent damage, all electrical appliances and associated parts (including ca-bles/connectors) that the customer uses in the Work Spaces must conform to the statutory safety regulations for energy distribution at office work spaces.
7.6 The customer is responsible for objects, documents and data brought by him/her into Work Spaces. This shall apply both to lockable Work Spaces and general are-as. It is in the customer's own interests to protect objects, particularly valuables, and documents and data brought into Work Spaces from access by third parties. everyworks shall not be liable for the loss or theft of or damage to objects, docu-ments or data unless this is due to gross negligence or wilful conduct on the part of a legal representative, management employee or other agent of everyworks. Ob-jects brought into Work Spaces are not covered by everyworks insurance. The customer shall provide suitable insurance if necessary, to insure against the risk of damage to these objects or of an interruption to business.
7.7 The customer shall not bring any perishable, harmful or hazardous materials into the Work Spaces or have such materials delivered to the Work Spaces. The same shall apply to the delivery of any objects.
7.8 The bringing of pets into the Work Spaces is not permitted.
8 Internet use
8.1 If everyworks provides the customer with internet access, the customer alone is responsible for his/her actions during internet use. Legal restrictions - particularly in relation to copyright - shall apply in respect of the retrieval, storage, transfer, dis-semination and display of certain content. The customer shall ensure that he/she and all persons who use the internet access provided by everyworks at his/her be-hest are instructed to observe the statutory provisions and, in particular, to refrain from illegal copying, dissemination or downloading of copyright-protected material. If a third party asserts a claim against everyworks due to the violation of the above provision or of statutory regulations, the customer shall release everyworks from these claims insofar as the customer is responsible for this violation in accordance with clause 14.
8.2 The internet access provided by everyworks shall be operated by an external pro-vider. everyworks therefore has no influence on the available bandwidth or the times of internet availability. The customer acknowledges that maintenance or technical difficulties may give rise to temporary non-availability and reduced band-width.
8.3 Annual average availability provided by everyworks in its own company network is 97%. This availability calculation does not cover disruptions caused by factors out-side the everyworks network or its interfaces to third-party networks (e.g. force majeure, failure of third-party communication networks, etc.) and for which every-works is otherwise not responsible.
8.4 Under consideration of clauses 7.2 and 7.3, the customer shall have a backup solution ready (e.g. access to a mobile network) in a suitable scope, to prevent damage to the customer due to non-availability or insufficient bandwidth.
8.5 The customer acknowledges that the total amount of available bandwidth is limited. In order to enable all customers to work in an orderly manner, the customer shall use the internet access provided by everyworks for business purposes only. The customer shall refrain from streaming, downloading or uploading music, videos, live streams, etc. If the customer's business activities necessitate the streaming, down-loading or uploading of such data, the customer is obliged to agree on a solution with everyworks beforehand (e.g. the booking of a bandwidth reserved for the cus-tomer), which enables other customers to continue their work with the internet ac-cess in an orderly manner.
Use of Work Spaces or the inventory by third parties
9 Use of Work Spaces or the inventory by third parties
9.1 The customer is not entitled to allow full or partial use of the Work Spaces or inventory by third parties.
9.2 The customer shall be liable for damages caused by third parties who gained ac-cess into Work Spaces through the customer.
9.3 The customer shall protect the Work Spaces from access by third parties. Unless otherwise agreed upon in advance with everyworks, access codes shall not be giv-en or made accessible to third parties.
10 House rules
10.1 Further obligations of the customer regarding conduct shall be regulated by the house rules and fire safety regulations of the respective everyworks location, which also form part of the usage contract. The applicable house rules and fire safety regulations shall be displayed to the customer in the everyworks app before booking.
10.2 In the event of a serious infringement of the obligations and/or house rules set out in this contract, everyworks shall be entitled to remove the customer from the Work Spaces and general areas, at its own discretion. The customer shall have no right to a refund from everyworks in this case.
Right of withdrawal
11 Right of withdrawal
11.1 Minute Seats
The customer, which is a consumer in accordance with Section 13 German Civil Code (BGB), i.e. a natural person who is concluding a transaction for purposes that are predominantly not for his/her own commercial or self-employed activities ("Con-sumer") has a statutory right of withdrawal as regards the booking of Minute Seats.
11.1.1 Instructions of withdrawal
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the day the contract was con-cluded.
To exercise your right of withdrawal, you must notify us, DB Station&Service AG, everyworks, Europaplatz 1, 10557 Berlin, email@example.com of your decision to withdraw this contract by means of a clear declaration (e.g. by a postal letter, fax or e-mail). You may use the attached model withdrawal form, although this is not mandatory.
To meet the withdrawal deadline, it is sufficant for you to send your notification of your withdrawal before this period expires.
Effects of withdrawal
If you withdraw this contract, we shall reimburse to you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your selection of a delivery method other than the least expensive type of standard delivery offered by us), immediately and within no more than four-teen days from the day on which we received notification of your withdrawal of this contract. For this reimbursement, we will employ the same payment method as the one used by you for your original transaction, unless otherwise expressly agreed with you and you will on no account be charged a fee for this reimbursement.
If you have requested that services should commence during the withdrawal peri-od, you shall pay us a reasonable amount to cover the services provided pro rata - in relation to the overall services covered by the contract - up until the time that you notified us of your wish to exercise your right to withdraw this contract.
11.1.2 Model withdrawal form
Model withdrawal form
(If you wish to withdraw the contract, please fill out this form and return it to us.)
- To DB Station&Service AG, everyworks, Europaplatz 1, 10557 Berlin, firstname.lastname@example.org;
- I/we () hereby withdraw the contract concluded by me/us () for the purchase of the following goods ()/the performance of the following service ()
- Ordered on ()/received on ()
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (paper notification only)
(*) Delete as applicable.
11.2 To clarify: The customer, who is an entrepreneurin accordance with Section 14 German Civil Code, i.e. a natural person or partnership with legal capacity that is performing a commercial or self-employed professional activity when concluding a transaction, has no statutory right of withdrawal.
11.2.1 In all cases, the customer is obligated to reimburse everyworks the costs of the rescission of payments incurred as a result of withdrawal.
Terminating the use of Work Spaces
12 Terminating the use of Work Spaces
12.1 The contract governing the use of Work Spaces shall end when the customer checks out.
12.2 Following termination of the usage contract, the customer undertakes to return the used Work Spaces and inventory in defect-free and usable condition. All objects brought by the customer into the Work Spaces shall be removed and the Work Spaces shall be restored to their original condition on handover. everyworks shall remedy any damage to floors, floor coverings, walls or inventory at the customer's expense plus a reasonable administration fee of at least 15% of the total costs in-curred; the administration fee shall be waived or reduced if the customer can prove that the costs are lower. The customer shall pay these costs within seven days of the sending of the invoice by everyworks.
12.3 everyworks may place objects left behind by the customer in storage if they are not removed despite a request to this effect. After placing objects in storage, every-works shall give the customer a reasonable deadline for the retrieval of items, un-der the threat of disposal. If the customer allows the deadline to expire without re-trieving objects left behind, everyworks shall be entitled to exploit or dispose of these objects at the customer's expense.
Termination of the contract to use the everyworks app
13 Termination of the contract to use the everyworks app
13.1 Registration is for an indefinite period and ordinary termination by the customer is possible at any time and by everyworks with notice of two weeks. Termination by the customer shall be completed after eight days with the deletion of the customer account. Termination by everyworks shall have no effect whatsoever on previous bookings of Work Spaces. Termination by the customer is subject to clause 12.
13.2 This shall not affect the statutory right to termination without notice for good cause. A good cause for everyworks is in particular a repeated and serious violation of the obligations of this contract by the customer.
The customer shall indemnifiy everyworks from all claims asserted against it by third parties as a result of infringement by the customer of his/her obligations as per clauses 6 to 9 or his/her violation of statutory requirements in connection with his/her use of Work Spaces. The customer shall reimburse everyworks for all dam-ages and costs incurred in this connection including costs for legal advice and legal proceedings. If third parties assert claims against everyworks due to a suspected violation on the part of the customer, everyworks shall notify the customer immedi-ately and shall undertake defence in consultation with the customer or – at the dis-cretion of everyworks – leave this to the customer. The parties shall support one another in legal defence and shall work jointly to achieve a successful legal de-fence. In particular, the parties shall share all information and submit statements that are required for legal defence. Neither party shall acknowledge claims by third parties without the other party's consent.
15 Final provisions
15.1 The official language of the contract is German. The English translation of these Terms shall have no legal validity; it is provided merely as a courtesy.
15.2 The customer can only set-off claims for payment from everyworks if the customer's claim to set-off is undisputed or recognised by declaratory judgement or there is a mutuality of obligations with the claims of everyworks. The same applies to the cus-tomer's right of retention.
15.3 The law of the Federal Republic of Germany shall apply to the contractual relation-ship between the parties, excluding the Convention on Contracts for the Interna-tional Sale of Goods (CISG). If the customer is a consumer and has no residence in the Federal Republic of Germany, the contractual relationship shall be subject to the law of the Federal Republic of Germany, excluding the CISG, unless otherwise stipulated by the law of the state in which the consumer is ordinarily resident.
15.4 If the customer does not have a general place of jurisdiction in Germany or another EU member state, is a merchant or legal entity under public law, or has relocated his/her permanent residence to a country other than Germany after these Terms came into effect, or his/her place of residence or habitual abode is not known at the time of the legal action, the sole place of jurisdiction for all conflicts arising from or in connection with the contract shall be where the everyworks headquarters is based.
15.5 The European Commission provides a platform for the online resolution of disputes, which the customer can access at ec.europa.eu/consumers/odr.
15.6 In the event of differences of opinion between everyworks and the customer in respect of the performance of services by everyworks, everyworks declares itself willing to attend dispute resolution proceedings before a consumer arbitration board. The responsible body is the Schlichtungsstelle für den öffentlichen Perso-nenverkehr e.V (arbitration board for public passenger transport), Fasanenstraße 81, 10623 Berlin, which can be found at this link.
15.7 If one or more clauses of this contract are or become ineffective, this shall not af-fect the validity of the remaining clauses.
15.8 everyworks may amend these general terms and conditions as described below, insofar as this does not affect principal contractual obligations. everyworks shall no-tify the customer in respect of amendments at least six weeks in advance by a message in the app or via e-mail. The customer may object to the amendment. If the customer does not object within six weeks of receiving notification of the amendment, he/she shall be deemed to have accepted it. The notification of an amendment shall inform the customer separately about the six-week deadline and the legal consequences of maintaining silence.