GTC of Welle7 Workspace

General Terms and Conditions (GTC) of the Welle7 Workspace

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1. Validity
a) Welle7 Workspace is offered by Genossenschaft Migros Aare. The services of Welle7 Workspace, i.e. the rental of premises for the purposes of meetings, conferences and other space-specific events, as well as other associated services, are subject exclusively to the conditions of these General Terms & Conditions (GTC) that are in force at the date of conclusion of the contract (cf. Section 2).
b) The Customer accepts the currently valid GTC together with the booking. Any terms of purchase and business on the side of the Customer have no validity, even if these are not expressly contradicted by Welle7 Workspace.

2. Booking conditions
a) The Customer’s online, telephone or written booking, or booking made in person, is binding for the Customer. Nevertheless, Welle7 Workspace is free to accept or decline bookings without stating reasons. The contract comes into effect with the booking confirmation by email from Welle7 Workspace. For offers made by Welle7 Workspace on the basis of telephone, email or written inquiries, the Customer must submit his/her booking by email or in writing within the validity period stated in the offer, whereupon the contract comes into effect upon receipt of the email or written confirmation of the booking by Welle7 Workspace.
b) Depending on the timing of bookings, Welle7 Workspace reserves the right to reduce the range of additional services.
c) Bookings are binding on the Customer. Provision to third parties of premises booked by the Customer (e.g. subletting or re-letting) is only permitted with the prior written consent of Welle7 Workspace. In any case, these GTC also apply to the third party. The Customer is jointly and severally liable with the third party for all claims asserted by Welle7 Workspace, in particular and also for any claims for damages.
d) Responsibility for the allocation of rented premises lies with Welle7 Workspace and takes place upon the day of arrival of the Customer.
e) The rental fee of the premises includes the use of the sanitary facilities, the furniture in the rented premises, the mains electricity, as well as the customary cleaning of the rented premises. Additional services such as catering, personnel and equipment are stated separately in the booking confirmation.
f) Services from third parties commissioned by the Customer in the context of the booking are merely procured by Welle7 Workspace. The terms and conditions of the third parties are applicable. Costs thereof will be charged in the booking invoice. Here, Welle7 Workspace may not be held liable. In this case, the Customer will be informed at least 3 working days in advance of the booked date and will be offered comparable alternative premises or services in lieu of the originally booked premises and/or other services.
g) Welle7 Workspace may alter bookings at any time.
If the Customer rejects the alternative premises or services, the booking will be deemed to have been cancelled. In this case, there will be no cancellation fees for the Customer. The Customer has no right to claim damages.

3. Cancellations and alterations to bookings
a) A cancellation on the side of the Customer can be made online, by email or in writing. In the case of cancellation up to 3 weeks before the start of the event, no fees will be charged. If the cancellation occurs less than 3 weeks before the start of the event, the Customer will incur cancellation fees as follows:
- Cancellation 21 – 7 days before the start of the event = 25% of the expected total remuneration.
- Cancellation 6 – 2 days before the start of the event = 50% of the expected total remuneration.
- Cancellation within 48 hours before the start of the event: 100% of the expected total remuneration.
b) The expected total remuneration consists of the rental cost of the premises in accordance with the booking confirmation, and the cost of services, including any booked catering packages in accordance with the booking confirmation.
c) If the Customer has commissioned Welle7 Workspace with the procurement of additional external services, these will be billed directly to the Customer in accordance with the cancellation conditions of the respectively commissioned third parties, in contrast to Section 2 (f).
d) In addition, the Customer must reimburse any expenses and costs incurred by Welle7 Workspace that are not covered by the cancellation fees.
e) The Customer has the possibility to rebook his/her booking online up to 60 minutes before the start of the event. Here, a rebooking to a higher category of premises or to larger premises is generally possible, insofar as available. A rebooking to smaller or cheaper premises falls under the aforementioned cancellation policy on a pro rate basis.
In addition, the Customer has the possibility to book meals and additional equipment, insofar as available, up to 60 minutes before the start of the event.
f) As long as the Customer has the right to cancellation without compensation, Welle7 Workspace is entitled to cancel the Customer’s booking without compensation in the case of inquiries from third parties for the booked premises and the Customer does not waive his/her right of cancellation upon inquiry by Welle7 Workspace.
g) Welle7 Workspace is entitled to terminate the contract with immediate effect at any time on important grounds and without obligation to pay compensation, in particular when:
- an agreed or requested advance payment is not made on time;
- as a result of force majeure, neither the booked premises nor replacement premises can be made available;
- the Customer or participants in an event violate the terms of use;
- it is reasonable to expect that the intended event may disrupt or threaten safety and public order;
- it is reasonable to expect that the intended event may cause serious disruption to other Welle7 Workspace customers or to business operations of Welle7 Workspace;
- the Customer provides use of the premises to third parties without the prior written consent of Welle7 Workspace (e.g. subletting or re-letting).

4. Responsibilities and liabilities of Welle7 Workspace
a) Welle7 Workspace guarantees the diligent provision of the agreed services and is exclusively liable for any damage caused intentionally or through gross negligence on the side of Welle7 Workspace. Every other form of liability is expressly waived, so far as legally permissible.
b) Welle7 Workspace is liable for the functioning of provided technical infrastructure and equipment only within the scope of customary prudence. Welle7 Workspace assumes no liability for any damage on the side of the Customer resulting from the use of provided technical infrastructure, for example as a result of a defect.
c) Welle7 Workspace assumes no liability for any damage resulting from the use of its data transmission systems such as Internet access, W-LAN, etc.
d) Furthermore, Welle7 Workspace assumes no responsibility for or duty of care in respect of items and/or materials (such as laptops, beamers, personal belongings, documents, etc.) brought to the premises by the Customer or participants in the event, and excludes any liability for such items and/or materials, in particular in the cases of theft or damage.

5. Responsibilities and liabilities of the Customer
a) The Customer assures the knowledge of and compliance with the applicable legal provisions and regulatory requirements at all times, and assures that the necessary approvals for the respective event will be obtained in due time at the Customer’s own expense. The Customer undertakes in particular to comply with the legal provisions on unfair competition, on banking and financial transactions, as well as on lotteries and gambling. The Customer undertakes to indemnify Welle7 Workspace from any kinds of claims from third parties resulting from the unauthorised use of the premises or technical equipment, in particular communications technologies (Internet access, W-LAN etc.), including any legal costs.
b) The Customer is also liable for any damage or excessive contamination of the premises and the movable and immovable infrastructure of Welle7 Workspace caused by the Customer or employees, assistants or the participants of his/her event, e.g. as a consequence of exceedance of the agreed maximum number of participants, as well as for the theft of materials and furnishings of Welle7 Workspace. Welle7 Workspace may charge the Customer for the costs of repairs, replacement purchases and cleaning.
c) The Customer is responsible for the insurance of property that he/she brings to Welle7, and of insuring his/her liability risk towards his/her employees and third parties. Welle7 Workspace recommends that the Customer take out such insurance.
d) If the premises cannot be used for reasons that are the responsibility of the Customer, the Customer is liable to Welle7 Workspace for lost revenue and for further consequential damages.

6. Use of workspace facilities
a) The Customer undertakes to comply with the rules of use of Welle7 as announced to the Customer in the form of notices on the premises or other appropriate forms. Use of the Welle7 Workspace premises for sales events, as well as for medical, therapeutic and cosmetic treatments, is excluded.
b) For reasons of fire safety, the Customer is prohibited from exceeding the maximum number of participants stated in the booking confirmation without prior written permission from Welle7 Workspace.
c) In accordance with the booking confirmation, Welle7 Workspace will provide the Customer with the premises, including technical conference equipment, for the agreed period of use. If the agreed period of use is exceeded, the Customer will incur a corresponding fee that is calculated pro rata temporis on the basis of the current price list of Welle7 Workspace. If available, the Customer has the possibility of extending the use of the rented premises on site.
d) The Welle7 Workspace opening hours are Mon-Fri: 07:00 – 21:30 and Sat: 07:00 – 19:00.
e) The premises, including technical conference equipment, will be deemed to have been accepted without fault if the Customer fails to raise any objections upon the occasion of the handover. Subsequent objections will not entitle the Customer to a reduction in costs.
f) The Customer is prohibited from making any alterations to the premises; he/she is also required to leave all areas of Welle7 Workspace, as well as equipment, facilities, furnishings and furniture of which he/she makes use, in good condition.
g) Welle7 Workspace reserves the right to enter the rented premises during the Customer’s period of rental. As far as possible, the employee of Welle7 Workspace will discuss this in advance with the Customer. The employees of Welle7 Workspace undertake to maintain confidentiality about the business activities of the Customer.
h) Welle7 Workspace assumes no responsibility for the functioning of devices brought to the premises by the Customer. If not explicitly booked in advance, a change to the in-house technical equipment of Welle7 Workspace cannot be guaranteed. Nevertheless, Welle7 Workspace will make every effort to facilitate any such changes. In such cases, the Customer will be charged for the remuneration of the used technical equipment in accordance with the current price list, as well as for any personnel expenditure that is incurred.
i) If the Customer brings items and/or materials to the event, he/she must take them away (including any packaging materials, where applicable) at the end of the rental period, or dispose of them at their own expense. Additional costs relating to cleaning and disposal may be charged to the Customer by Welle7 Workspace.
j) The Customer must adhere to the fire regulations for events. Smoking is strictly prohibited throughout Welle7 Workspace, except in the specifically designated premises. The Customer undertakes to ensure that escape routes, emergency exits as well as staircases, corridors and exits that serve as escape routes are kept free and secure at all times.

7. Remuneration and conditions of payment
a) The remuneration for services of Welle7 Workspace booked by the Customer is stated in the booking confirmation.
b) Invoices received by the Customer from Welle7 Workspace are payable within 30 days of the invoice date without any additional deduction (cash discount). Welle7 Workspace is entitled at its discretion to demand an upfront payment of up to 100% of the expected total
remuneration without stating reasons.
c) If no payment or only an incomplete payment is received within the payment period, upon expiration of this period, the Customer is automatically in default and will incur the statutory default interest as well as cost-covering and reminder fees, and, where applicable, any cost of collection, including court and legal fees. Welle7 Workspace reserves the right to assign open invoice amounts, including accrued interest, expenses and costs, to a company that is commissioned to carry out enforcement. In such cases, an annual interest of up to 15 percent from the due date may be charged on outstanding amounts. The commissioned company will enforce any outstanding amounts in its own name and on its own account, and may charge additional processing fees.

8. Data protection
a) The Customer has access to and the ability to manage his/her account data held by Welle7 Workspace (name, address, telephone number, bank details, etc.), as well as information about completed, open and recent bookings, on his/her password-protected Customer account that has been created on the Welle7 website. The Customer undertakes to treat this personal access data confidentially and to not make it accessible to unauthorised third parties. Welle7 Workspace assumes no liability for misused access data.
b) Welle7 Workspace will adhere to the legal provisions in respect of the collection and other processing of personal data. Welle7 Workspace processes and stores personal data for the processing of bookings and for handling the contractual relationship, as well as for its own marketing purposes. Personal data will be transferred to third parties only if these are service providers in connection with the implementation of the contract, including billing and collection, or if the Customer has provided prior consent. Data transmitted in this way may only be used by commissioned third parties for the performance of their respective related tasks. Any other use of the information is not permitted and will likewise not occur at any of the third parties commissioned by Welle7.
c) A deletion of personal data will take place, to the extent that this is not excluded by statutory storage obligations, if a legitimate deletion claim is asserted, if the data is no longer necessary for the fulfilment of the purpose pursued in the context of storage, or if storage is inadmissible on other legal grounds.
d) In addition to the processing of data for the implementation of bookings and handling of the contractual relationship, Welle7 Workspace also uses personal data to communicate with customers about their orders, as well as about specific products or marketing campaigns, and to recommend products or services that may be of interest to the customers. The Customer may object at any time to the use of personal data for advertising purposes or for individual measures, without incurring any costs other than the costs of transmission. Here, a message in written form to the contact address of Welle7 Workspace (e.g. email, fax, letter) is sufficient.

9. Partial invalidity
In the case that individual provisions within these GTC are or become invalid, the effectiveness of the remaining provisions will remain intact. The ineffective provision will be replaced by a provision that most closely approximates the meaning and purpose of the invalid provision in a manner that is legally valid.
The same applies to possible regulatory loopholes.

10. Applicable law and jurisdiction
Swiss law will apply to the contractual relationship. The exclusive place of jurisdiction is Bern.

Welle7
Genossenschaft Migros Aare
Industriestrasse 20
CH-3321 Schönbühl

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GTC Welle7 Workspace; last updated: 01.02.2018