External Meeting Room Terms & Conditions - Germany

1. General

1.1 These are the terms and conditions which shall apply to our supply of Meeting Rooms and other Services in Germany. “We” are TOG The Office Group (Germany) GmbH, Friedrichstraße 189, 10117 Berlin. Please note that for TOG Members TOG T&Cs and TOG House Rules may also apply. 

1.2 Please read these terms and conditions carefully. By proceeding with your Booking you agree to accept these Terms and Conditions.

1.3 In particular, your attention is drawn to the provisions of paragraph 11.

2. Definitions

2.1 In these Terms and Conditions, the following words and phrases shall have the following meanings:

"Booking" means your booking of a Meeting Room in accordance with paragraph 3;

"Booking Confirmation" means the booking confirmation sent to you after acceptance of our offer for a Booking;

"Business Day" means a day (other than a Saturday or Sunday) when banks in the City of Frankfurt are open for business.

"Meeting Rooms" means furnished office space for you to use for conferences or meetings or other similar commercial purposes at any of the TOG Buildings during the agreed period of use;

"TOG Building" means any building or property owned or managed by us, by any other company in our group, or by any associated company containing Meeting Rooms which are the subject of a Booking;

"Services" means the making available by us to you of Meeting Rooms and any other ancillary services (including Catering Services, Equipment hire, conference call facilities and out of hours services) in accordance with these Terms & Conditions;

2.2 "In writing" includes text form pursuant to Sec. § 126b BGB and therefore includes electronic messages such as e-mails as well.

3. Bookings

3.1 Meeting Room booking requests are to be made via the telephone, email or by attending the front desk of any of our TOG-Buildings.

3.2 After completing the booking request, we will send you an offer stating the respective Services you wish, which you can either accept or reject. If you accept the offer, the contract will be concluded (Booking).

3.3 We will be bound by our offer for a maximum of 48 (forty-eight) hours, unless a different binding period is specified.

3.4 After the Booking we will send you a Booking Confirmation via email recording the details of that Booking (including the agreed period of use and the fees to be paid) as well as the conditions of a possible termination of that Booking.

3.5 You will need to pay for your Booking in accordance with paragraph 4 (as applicable). You will not have access to the room until the booking is paid for (if payment is not received 48 hours prior to the start of the agreed period of use we reserve the right to cancel your booking without notice).

4. Fees and payment

4.1 A non-binding fees overview for the Booking of the Meeting Rooms and the ancillary Services can be found on our website.

4.2 The agreement is entered into based on the fee stated in our offer.

Neither you nor we have the right to unilaterally change the fee once entered into.

4.3 When making payment for Bookings, you must comply with the following:

(a) Payment is due at the time of Booking.

(b) Payment must be made by credit card if the agreed period of use of the Meeting Room starts in less than one week. The credit card holder, the credit card number, the postcode of the address registered to the credit card, the verification number and the expiry date must be stated.

In other cases, such as where payment is made by telephone or at the front desk, payment may also be made by bank transfer. Payment must be made no later than five (5) Business days after the Booking has been completed. If cleared funds have not reached our specified bank account by this time, we have the right to cancel the Booking without notice. 

The meeting room, date and reference number must be stated as reason for payment when making the transfer.

(c) In addition to the aforementioned, TOG-Members have the option to pay the fees with the next monthly invoice.

In the event that you require any ancillary services that are notified to us after the completion of your booking. for example, catering or technical services, any fees in respect of such Services shall be payable immediately at the time such Services are requested.

The price at which you receive these ancillary Services will be agreed on site. We will provide you with a corresponding price list or we will name you an appropriate price upon request.

Payment for ancillary Services can only be made by credit card.

4.4 If you require a statement of account detailing any Bookings you have made, this can be sent upon request.

4.5 You will pay us interest at the statutory interest rate on all sums payable under these terms and conditions in case of default (see §§ 288, 247 German Civil Code (BGB)).

5. Chances to bookings

5.1 Once a Booking has been completed, you will not be entitled to make any changes to the Booking.

5.2 If you wish to make any changes to your Booking, you can request to do so by notifying the front desk team at the TOG-Buildings which your Booking relates to via email, in person or by telephone. Please notify us of any changes as soon as possible. The front desk will use reasonable endeavours to make the changes. We will let you know if the change is possible and where applicable notify you of any changes to the Fees payable in respect of such Booking or any ancillary costs reasonably incurred. We will then ask you to confirm whether you wish to go ahead with the change. If you do not wish to go ahead with the change, your Booking shall remain unaltered unless you wish to cancel your Booking in accordance with the provisions of paragraph 6.

5.3 We reserve the right to change the allocated and confirmed Meeting Room for an alternative room of similar size and quality to that specified in the original Booking if the original Meeting Room is not available. In the event of such a non-material change to your Booking, you will not be entitled to cancel your Booking free of charge.

5.4 There may be occasions where, due to circumstances beyond our control, the Services may be affected. We reserve the right to make any changes necessary to your Booking until such time as we are able to resume normal performance.

5.5 If we need to make material changes to your Booking, we shall notify you of such change as soon as practicable and you shall be entitled to cancel your Booking accordingly. In such an instance, no Cancellation Fee shall be payable by you in accordance with paragraph 6.

5.6 As long as you are entitled to cancel the Agreement free of charge, i.e. without payment of a cancellation fee in accordance with section 6, we shall be entitled to withdraw from the contract if there is a request from other customers for the Meeting Room booked by you and you do not waive your cancellation right following our enquiry with a reasonable deadline.

5.7 The agreement may be terminated with immediate effect for good cause (extraordinary termination / ausserordentliche Kündigung / Rücktritt) pursuant to statutory law.

In particular, good cause allowing us to terminate shall exist if

(a) the Meeting Room and/or the TOG Building are no longer available due to the circumstances beyond our control; or; the lease under which we have leased the relevant TOG Building is terminated by us or by our landlord;

(b) you fail to pay any due fees in accordance with this agreement; and

(c) you are in material or persistent breach of any of your obligations under this agreement; or

(d) you become insolvent.

This also applies if the basis for the agreement ceases to exist.

6. Cancellation

6.1 If you need to cancel the Booking made by you, the Cancellation Fees set out in this paragraph 6 shall apply. The amount of the Cancellation Fees depends on the time your cancellation is made and the capacity of the booked Meeting Room (see paragraph 6.2). The percentages given below refer to the total amount of the fees listed in the Booking Confirmation. 

6.2 Cancellations, same as bookings and amendments, must be sent via email and our building team will action and respond accordingly.

6.2.1 Cancellations until 14 days prior and until 4PM are free of charge.

6.2.2 Cancellations until 7 days prior and until 4PM will be charged at 50%.

6.2.3 Any later cancellations (less than 7 days prior) will be charged at 100%.

6.2.4 Last minute bookings (less than 7 days prior) are non-refundable and will be charged at 100% if cancelled.

6.2.5 No shows will be charged at 100%.

6.3 On a cancellation where no Cancellation Fee is payable, we will arrange the repayment of any Fees paid by you prior to the cancellation by our payment service provider within 15 Business Days of the date of the cancellation of the Booking.

7. Use of meeting rooms and equipment

7.1 You will use the Meeting Rooms and Equipment strictly for the purpose of and in accordance with the details (including the agreed period of use) in your Booking.

7.2 You must ensure that the Meeting Rooms and any Equipment in situ are handled with due care. You must report any damage to the Meeting Room team without delay.

7.3 You will not use the Meeting Rooms or the Equipment for any unlawful, fraudulent, criminal, immoral or similar purposes or in connection with any business or activity that is in breach of any applicable legislation, rules, regulations or orders of applicable authorities.

7.4 You will not damage in any way the Meeting Room or the Equipment, or remove any of the Equipment, furniture or effects from the Meeting Room without our prior written consent.

7.5 You will not during the use of the Meeting Room knowingly, recklessly or negligently do anything that may damage the goodwill or reputation of our business or may bring our business into disrepute.

7.6 You will not do anything that causes damage in any way to the TOG Buildings or nuisance or annoyance to other users of the TOG Buildings.

7.7 You will give us adequate advance warning of any unusual activities taking place within the Meeting Rooms and seek our prior written consent before these proceed. We reserve the right to refuse such consent at our absolute discretion.

7.8 You are responsible for any items, documents and date that you introduce into the TOG Building.

8. Termination

8.1 This agreement will come to an end automatically at the end of the agreed period of use stated in the Booking unless terminated earlier in accordance with this agreement.

8.2 Once the agreed period of use has ended, you will return the Meeting Room and the Equipment in materially the same state of repair as it was in prior to the Booking and in any event, clean, tidy and free from any items not in situ when the Booking was made.

8.3 We may at our absolute discretion either dispose of any items left in the Meeting Room or put any items left behind into storage with the Meeting Room team if they are not removed after the end of agreed period of use specified in the Booking. 

9. Catering services

9.1 In addition to the making available of Meeting Rooms, we may (depending in which TOG Building you are making a Booking) make available to you Catering Services. Prior to the date of your Booking, you may pre-order any required food or beverages. Please contact the front desk of the respective TOG Building via email, telephone or by attending the front desk for the local catering menu available, incurring costs and to confirm your selected services. 

9.2 If Catering Services are available at the relevant TOG Building then, unless we agree otherwise at the time of a Booking, any food and beverages to be consumed in a Meeting Room must be purchased through the Catering Services. The consumption of food and beverages brought in by you is not permitted in the Meeting Rooms. 

9.3 Any amounts payable in connection with the Catering Services ordered will be payable in accordance with Section 4, unless otherwise agreed .

The provisions of Section 6 shall apply accordingly for cancellations unless otherwise agreed (in particular if we use third parties, such as external caterers, we reserve the right to make their stricter cancellation conditions the subject of the agreement).

10. Damages

10.1 You are responsible for the Meeting Room for the duration of the agreed period of use. You are liable for any damage to the Meeting Room or its contents or the Equipment (or any other part of the TOG Building) caused by your behaviour or that of your guests or other third parties attributable to you. The liability includes in particular the costs of the repair as well as all indirect and consequential damages including but not limited to loss of profit.

10.2 If you do not vacate the Meeting Room by the agreed period of use we reserve the right to make additional charges for the Booking including in particular:

(a) a compensation for use amounting to at least the fees that would have been incurred for a booking for the duration of the additional period of use; and

(b) compensation for damages in accordance with the statutory regulations, which includes in particular compensation for indirect damages and indemnification against claims by third parties against us (such as other users who had booked the meeting room and were unable to use it due to the additional period of use).

10.3 Any further statutory claims shall remain unaffected by the provisions of this section.

11. Limitation of liability

11.1 We shall be liable in accordance with the statutory provisions in the event of intent and gross negligence on the part of a legal representative, a management employee or other persons employed in the execution of our obligations as well as culpable injury to life, limb or health.

11.2 Furthermore, we shall be liable for any culpable breach of an essential contractual obligation. However, liability for financial loss and damage to property is limited to the amount of the typically foreseeable damage. This does not apply if we have caused the damage by acting with wilful intent or gross negligence.

11.3 We will not accept strict (no-fault) liability for initial defects pursuant to § 536a of the German Civil Code (BGB).

11.4 We are not liable for disruptions caused by third parties or other TOG Members.

12. Collection and use of your personal information

We hereby draw your attention to the applicability of our Privacy Policy, which sets out what personal information we will collect from you. You can review our privacy policy on our website: https://www.theofficegroup.com/de/datenschutzerklaerung

13. Miscellaneous

13.1 These Terms and Conditions shall be interpreted in accordance with German law and any disputes shall be subject to the exclusive jurisdiction of the German courts.

13.2 You may set off claims against payment claims only if your claim is undisputed or has been declared final and absolute by a court of law. The same applies if you want to exercise a right of retention.

13.3 If one or more provisions in this Terms and Conditions is or becomes invalid for any reason or if gaps in this Terms and Conditions are present, the rest of the Terms and Conditions shall remain unaffected.

13.4 The German version of this agreement is binding.