1. General
(1) The following General Terms and Conditions apply to all services of the Coworking Space “Coworking Tenerife” provided to its users/tenants/contractual partners (hereinafter referred to as “users”).
(2) The offer is directed to both consumers and entrepreneurs. An entrepreneur is any natural person or legal entity or partnership with legal personality who acts in the exercise of their commercial or independent professional activity when concluding the contract.
2. Description of Services
(1) The subject of the offers and services of Coworking Tenerife is the provision of office workspaces, a communal kitchen, a restroom, and two telephone booths. The office workspaces are equipped with: desk, chair, electricity, and Wi-Fi. Additionally, there is a communal printer that can be used according to the “fair use” principle. As a guideline, 30 pages per person per week apply here.
(2) The telephone booths are available to all users on an equal basis. The guideline here would be 1 hour per day or as per availability. Any use beyond this must be coordinated with Coworking Tenerife.
3. Opening Hours, Access Conditions
(1) Access to the premises is granted during the following opening hours: Monday to Friday, from 08:00 to 20:00. The user acknowledges the opening hours. The opening hours may be extended or shortened by Coworking Tenerife as necessary and reasonable, for example, due to revisions, renovations, or cleaning work. Coworking Tenerife will announce changes to the opening hours or closures of premises with reasonable notice.
(2) Access is granted to users through a code for the electronic door lock. Coworking Tenerife will regularly change this code, at least with every change of user.
(3) Reproduction of the general access authorization by the user is not permitted and may be prosecuted criminally. Access for third parties is only allowed for meetings with and in the presence of the user. The transfer of general access authorizations and the usage agreement to third parties by the user is not permitted. Subletting of the space is only possible with prior agreement and written consent of the operators of Coworking Tenerife.
(4) Individual rooms are not lockable. Coworking Tenerife thus has access to every room.
4. Conclusion of Usage Agreement
(1) The conclusion of the usage agreement is in writing. By booking the service, the user ensures that the provided data is complete and correct.
(2) A contract between the user and Coworking Tenerife is only concluded upon receipt of an acceptance confirmation (which can also be in the form of an invoice) by Coworking Tenerife. This confirmation can be provided in writing or by email.
(3) If there is a change in the provided data after registration, the user is obliged to inform about the change immediately.
5. Prices, Payment Terms
(1) All prices quoted are gross prices, including the legally applicable value-added tax, and only refer to the specified service. Additional services will be invoiced separately.
(2) The usage fee is due immediately after the conclusion of the contract. The fee must be paid by bank transfer. The date of receipt of payment in Coworking Tenerife’s account is decisive for the timeliness of the payment.
(3) The user is responsible for checking and organizing any funding opportunities for using a space in Coworking Tenerife.
6. User’s Obligations
(1) The user must handle all objects with care and return them in proper condition at the end of the usage agreement and leave the workspace tidy. The user is liable for any damage and excessive wear and tear caused by non-contractual use. In the event of damage, Coworking Tenerife will charge the user appropriate compensation.
(2) The user undertakes not to disturb other users in the exercise of their activities. This includes, for example, refraining from making lengthy phone calls in communal areas, loud conversations, or any other auditory or visual disturbances.
(3) The user agrees not to use the services and infrastructure of Coworking Tenerife for any illegal or punishable acts. Coworking Tenerife reserves the right to expel users in case of immoral, offensive, unlawful, or generally detrimental behavior (extraordinary termination, see section 8, subsection 3).
(4) Coworking Tenerife does not provide insurance coverage for personal belongings or users.
(5) The placement or installation of personal furniture, equipment, and objects, as well as any structural changes, are only permitted with the prior consent of Coworking Tenerife and must comply with the usual safety regulations.
(6) The user undertakes to follow the instructions of Coworking Tenerife’s staff and to comply with the behavioral guidelines outlined in the Terms and Conditions and House Rules of Coworking Tenerife. Gross and/or repeated violations may entitle Coworking Tenerife to impose a ban on the user and to terminate the agreement without notice. Coworking Tenerife reserves the right to amend the house rules within reasonable limits.
(7) The user undertakes to treat any company secrets, information about technologies, customers, projects, plans, finances, etc., of other users of Coworking Tenerife, which he/she may incidentally become aware of during the use of Coworking Tenerife, confidentially, under penalty of damages.
7. Warranty, Liability
(1) Entry into and use of the premises is at the user’s own risk. Coworking Tenerife assumes no liability.
(2) The user acknowledges that workspaces cannot be individually secured. Coworking Tenerife does not provide any warranty to the user for the condition of the respective workspace upon handover and during use.
(3) Coworking Tenerife assumes no liability for loss or damage of any kind to objects.
(4) Coworking Tenerife assumes no liability for damages resulting from computer crime (e.g., hacking).
(5) Coworking Tenerife assumes no liability for undelivered mail items or any other omissions regarding mail or package delivery.
(6) The user is authorized to grant access to third parties who are not also users of Coworking Tenerife to the premises of Coworking Tenerife, if it is done within the framework of a booking or the user’s usual activities (e.g., receiving customers). Likewise, in the case of permitted shared use or subletting. In any case, the contracting party is liable for damages caused by these persons, as well as for damages caused by the user himself/herself.
8. Termination
(1) Both parties may terminate the usage agreement at the agreed notice period without stating reasons. The right to terminate prematurely for important reasons remains unaffected for both parties and all cases. All terminations require written form.
(2) Coworking Tenerife will only exercise its right of termination in the event of a prepayment of rent by the user if there are important reasons, especially violations of the terms and conditions or house rules.
(3) Coworking Tenerife may terminate the usage agreement with immediate effect without observing a notice period if there is a reason for extraordinary termination. This exists if the user is in arrears with payment (>14 days) or grossly culpably breaches his contractual obligations in any other way.
(4) The user can terminate the contractual relationship with immediate effect without observing a notice period if the continuation of the usage relationship cannot be reasonably expected of him/her for reasons that fall within the sphere of Coworking Tenerife.
(5) Prepayment of rent: In the event of early termination by the user or extraordinary termination by Coworking Tenerife, any prepayment of rent already made will be forfeited. However, there is a right to a refund if termination occurs for reasons within the sphere of Coworking Tenerife.
9. Data Protection and Security
(1) Coworking Tenerife will comply with the data protection regulations and all other legal provisions regarding data protection. The user consents to his/her personal data necessary for the usage agreement being stored on data carriers. This consent can be revoked by the user at any time with effect for the future, provided that the usage relationship has already ended at that time. In this case, Coworking Tenerife will immediately delete the user’s personal data.
(2) All passwords and access data are the property of Coworking Tenerife and must be treated confidentially. Any disclosure to third parties is expressly prohibited.
(3) The user acknowledges and agrees that surveillance cameras are installed in the common areas for security purposes. The recordings of the camera may be used for access control and to ensure the security of the premises. The user agrees to being recorded during his/her stay at Coworking Tenerife. These recordings are used exclusively for security purposes and will not be disclosed for other purposes unless required by law.
10. Image Rights
(1) The user acknowledges that Coworking Tenerife may use photo or video recordings of Coworking Tenerife for self-promotion purposes in any media. Coworking Tenerife will obtain the oral consent of each depicted user in advance, who may refuse without stating reasons.
(2) Publication of the name of the depicted person(s) always takes place in agreement with the respective users.
11. Final Provisions
(1) Oral collateral agreements do not exist. All collateral agreements require written form.
(2) All relevant notifications and changes by Coworking Tenerife will be communicated to the users in writing via email and will be deemed delivered upon successful transmission of the email.
(3) The user grants Coworking Tenerife permission to mention him/her in press releases or on its website (including new or future media) as a reference customer.
(4) For all contracts and agreements between the user and Coworking Tenerife, Spain, only Spanish law applies. All legal disputes or claims arising from the contract are subject to the exclusive jurisdiction of the courts at the registered office of Coworking Tenerife in Tenerife, Spain.
(5) Coworking Tenerife reserves the right to change usage agreements without stating reasons. The user will be notified of changes to the usage agreements in writing or by public notice.
House Rules
- Smoking is prohibited throughout the premises of Coworking Tenerife.
- Entry only with clean shoes.
- When using the communal kitchen, consideration must be given to others. No food may be left behind. Everyone is responsible for removing spoiled food. Everyone is responsible for their dishes: these must be washed, dried, and returned to their place at the end of each working day.
- Listening to music is only allowed with headphones.
- Pets are not allowed.
- Users undertake to keep noise levels to a minimum and not to disturb other users.
- Telephone calls and meetings should preferably be conducted in the telephone booths.
- The “fair use” principle applies to the use of telephone booths and the printer.
- The workspace must be left tidy and clean at the end of each working day or after the end of the usage relationship.
- Any form of disturbance should be avoided.
- Users undertake to treat all other users with consideration and respect.
