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TERMS AND CONDITIONS

Terms and conditions are divided into:

TERMS AND CONDITIONS GUESTS

Last updated: September 5th, 2017

THE SITE AND SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OF AGE OR OLDER AND ONLY FOR MERCHANTS. ANY USE OF THE SITE OR SERVICES BY ANYONE UNDER THE AGE OF 18 AND WHO IS NOT A MERCHANT IS EXPRESSLY PROHIBITED. UPON SUBMITTING A BOOKING YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND THAT YOU ARE A MERCHANT.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. SERVICES IN TERMS HEREOF ARE SUBJECT TO THE LIMITATIONS AND EXCLUSIONS STATED HEREIN.

Imprint:

BESPACED UG (haftungsbeschränkt)

Hoffeldstraße 88, 40235 Duesseldorf

Managing Director: Dr. Tatiana Chapovalova

Phone: +4921176909071, Mail: support@bespaced.com

Terms of service Guests

www.bespaced.com is a registered web domain of BESPACED UG a company whose details are set out above. BESPACED UG. shall hereinafter be referred to as “BESPACED”, “we”, “us”, or “our”.

BESPACED provides an online platform that offers temporary leases which are accessible at www.bespaced.com (the “Site”).

You agree to comply with and be legally bound by the terms and conditions of these terms (“Terms”), whether or not you become a registered Member. BESPACED reserves all rights in respect of access to and use of the Site and all Content. Please also read our Privacy Policy carefully.

1. Key terms

  • “Agreements” mean the lease agreement between a Host and you as Guest, as determined by your booking request and a confirmation by the Host, and the mediation agreement between BESPACED as mediator and you as Guest.

  • “Content” means all text, graphics, images, music, software, audio, video, information or other materials and Content that BESPACED makes available through the Site, including Member Content.

  • “Transaction Fees” means the amounts that are due and payable by you in exchange for the hire of a Space, including all ancillary costs and taxes, if applicable, as displayed in the respective Listing.

  • “Listing” means a Space that is listed as available for rental via the Site.

  • “Member” means a person who completes BESPACED’s account registration process as described under “Account Registration” below.

  • “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site.

  • “Space” means any room, office, house, apartment, studio, hall, center, building or other property and/or its facilities and immediate surroundings offered for rent by BESPACED via the Site.

2. How the Site Works

The Site can be used to book Spaces, including but not limited to rooms, offices, houses, apartments, studios, halls, centers, buildings or other properties and/or its immediate surroundings for residential, commercial or other purposes. Such Spaces are included in Listings on the Site. You may view Listings as an unregistered visitor to the Site; however, if you wish to book a Space or create a Listing, you must register to create a BESPACED Account (defined below).

3. Account Registration and Access

In order to access certain features of the Site, to book or create a Listing, you must first register to create an account (“BESPACED Account”) and become a Member. You may not have more than one (1) BESPACED Account. Access to your profile is password protected and you are responsible for safeguarding your password. BESPACED shall not be liable for any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees on whatsoever scale, arising out of or in any way connected with any activities or actions under your BESPACED Account, whether or not you have authorized such activities or actions. You will immediately notify BESPACED of any unauthorized use of your BESPACED Account.

4. Information provided for Registration or Booking

You agree to provide accurate, current and complete information during the registration process and to update such information. The same applies to the information provided in the booking process.

5. Bookings

If you request a booking, you submit an offer to the Host to enter into an Agreement. A booking will only become valid upon confirmation by Host. The Host is required to either confirm or reject the booking request within 24 hours.

If Host confirms a booking, BESPACED will summarize the material terms of the lease (including the applicable cancellation policy) in an email to you. Such confirmation shall constitute a commercial letter of acknowledgement. If you feel that it does not fully reflect what has been agreed, you have to inform us without undue delay.

Absent a confirmation by Host in such period, the requested booking will be automatically cancelled. If a requested booking is not confirmed by Host, any amounts collected by BESPACED will be refunded to you, depending on the selections you make via the Site and any pre-authorization of your credit card will be released, if applicable.

6. Financial Terms

The Transaction Fees payable will be displayed to you before you send a booking request. You as a Guest are liable to pay BESPACED using the methods described on the Site for the Transaction Fees for any booking requested in connection with your BESPACED Account if such requested bookings are confirmed. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information to BESPACED or its third party payment processor(s). All information is securely sent tot he payment prcessor(s) and never shared by BESPACED. In order to establish a booking, you understand and agree that payment processor(s) of BESPACED reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Transaction Fees or (ii) charge your credit card a nominal amount, not to exceed one Euro (EUR 1), or a similar sum in the currency in which you are transacting (e.g. one USD or one British pound), to verify your credit card. Upon confirmation of your booking, BESPACED will charge your credit card for the Transaction Fees. You duly authorize BESPACED or the third party online payment processor, as the case may be, to charge your credit card for said fees and collect said fees without requiring additional or prior approval from you subsequent to your booking request.

Please note that BESPACED cannot control any fees that may be charged to you by your bank related to BESPACED’s collection of the Transaction Fees, and BESPACED disclaims all liability in this regard. If you are directed to BESPACED’s third party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review terms & conditions and privacy policy before using the service.

Once your confirmed booking transaction is complete, you will receive a confirmation email.

7. Cancellations by you

If you cancel your requested booking before the requested booking is confirmed, BESPACED will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If you wish to cancel a confirmed booking made via the Site, either prior to or after arriving at the Space, the cancellation policy of BESPACED pursuant to the individual Agreement will apply to such cancellation. Our ability to refund the Transaction Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy pursuant to the individual Agreement.

8. Terms of Lease

Leasing Fees include all utilities (electricity, heating and water) unless noted otherwise in the respective Agreement. Leasing Fees do not include any services unless noted otherwise in the respective Agreement.

You as a guest are responsible to return the Space clean and in the same state as handed over unless noted otherwise in the respective Agreement. You are responsible to return any keys you may obtain.

If you don´t have a corporate liability and property insurance, you are responsible to get the coverage that is required for all events. For all Spaces, mandatory insurance against damages is required. You have to obtain such insurance for the duration of event. We may request that you submit conclusive evidence that you have obtained such insurance. If we made such request and you have not submitted such evidence, BESPACED may withhold the Space; but you remain liable to pay Transaction Fees.

You are responsible to get licenses that may be required for your event (e.g. noise/alcohol) and to comply with all applicable laws (in particular laws on noise protection).

You must not sublease Space except as expressly approved by BESPACED in writing (it being understood that mail shall suffice).

9. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Content. In connection with your use of the Site and Content, you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

  • use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content;

  • use the Site or Content for any commercial or other purposes that are not expressly permitted by these Terms;

  • copy, store or otherwise access any information contained on the Site or Content for purposes not expressly permitted by these Terms;

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

  • interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • use our Site, services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;

  • “stalk” or harass any other user of our Site, our services or Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as Member;

  • register for more than one BESPACED Account or register for a BESPACED Account on behalf of an individual other than yourself;

  • unless BESPACED explicitly permits otherwise, request or book a hire of any Space if you will not actually be using the Space yourself;

  • contact hosts of any Space for any purpose other than asking a question related to a confirmed booking of such host’s Spaces or replying to such question;

  • recruit or otherwise solicit any host or other Member to join third party services or websites that are competitive to BESPACED, without BESPACED prior written approval;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • use automated scripts to collect information from or otherwise interact with the Site or Content;

  • use the Site, our services or Content to find the host of a Space and then complete a booking of a Space independent of the Site, in order to circumvent the obligation to pay any Leasing Fees to BESPACED or for any other reasons;

  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

  • systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  • use, display, mirror or frame the Site or Content, or any individual element within the Site or Content, BESPACED’s name, any BESPACED trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without BESPACED’s express written consent;

  • access, tamper with, or use non-public areas of the Site, BESPACED’s computer systems, or the technical delivery systems of BESPACED’s providers;

  • attempt to probe, scan, or test the vulnerability of any BESPACED system or network or breach any security or authentication measures;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BESPACED or any of BESPACED’s providers or any other third party (including another user) to protect the Site or Content;

  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send the altered, deceptive or false source-identifying information;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content; or

  • advocate, encourage, or assist any third party in doing any of the foregoing.

BESPACED has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

10. Ownership

You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of BESPACED and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content, or attempt to contest ownership thereof.

11. Content License

Subject to your compliance with the terms and conditions of these Terms, BESPACED grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Content solely for your personal and non-commercial purposes and (ii) access and view any Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BESPACED or its licensors, except for the licenses and rights expressly granted in these Terms.

12. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, you grant to BESPACED a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, by means of or to promote or market the Site. BESPACED does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or you have all rights, licenses, authorities, consents and releases that are neccessary to grant to BESPACED the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BESPACED’s use of the Member Content (or any portion thereof) on, through or by means of the Site and our services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

13. Links

The Site may contain links to third party websites or resources. You acknowledge and agree that BESPACED is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BESPACED of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the BESPACED platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

14. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or our services (“Feedback”). You may submit Feedback by emailing us at support@bespaced.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of BESPACED and you hereby irrevocably assign to BESPACED and agree to irrevocably assign to BESPACED all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At BESPACED request and expense, you will execute documents and take such further acts as BESPACED may reasonably request to assist BESPACED to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

15. Copyright Policy

BESPACED respects copyright law and expects its users to do the same. It is BESPACED’s policy to terminate in appropriate circumstances the BESPACED Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

16. Suspension, Termination and BESPACED Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your BESPACED Account or access thereto. In respect of the aforementioned, causes for limitation, suspension, deactivation or cancelation may include the creation of more than one (1) BESPACED Account by a Member or a Member providing information during the registration process or thereafter which proves to be inaccurate, fraudulent, outdated or incomplete. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your BESPACED Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, services, your BESPACED Account, your Member Content, or receive assistance from BESPACED Customer Service, (b) we will not accept any offers or reservations, and (c) we may cancel bookings.

You may cancel your BESPACED Account at any time by sending an email to support@bespaced.com. Please note that if your BESPACED Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or Feedback.

17. Limitation of Liability and Damages

Limitation of Liability:

under no circumstances, and under no legal theory, including, but not limited to, negligence, shall BESPACED or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable for any special, indirect, incidental, consequential, or exemplary damages (including without limitation, loss of profits, data or use or cost of cover) arising out of or relating to these terms or that result from your use or the inability to use the BESPACED materials and other content (including any summarized content) on the BESPACED website or any third party sites, the BESPACED website itself, or any other interactions with BESPACED, even if BESPACED or a BESPACED authorized representative has been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, BESPACED liability will be limited to the extent permitted by law.

Limitation of Damages:

in no event shall BESPACED or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the BESPACED website (whether in contract, tort (including negligence), warranty, or otherwise) exceed the amounts you paid to BESPACED in the 12 months prior to such claim.

Third party sites:

these limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise by third parties other than BESPACED and received by you through or advertised on the BESPACED website or received by you through any third party sites.

18. Indemnification

You agree to release, defend, indemnify, and hold BESPACED harmless from and against any claims, liabilities, damages, losses, and expenses, arising out of or in any way connected with:

  • a) your Member Content and/or

  • b) your non-compliance with the terms of the Agreement concluded with BESPACED (in particular claims of hosts).

19. Individual Agreements

Individual agreements shall prevail over these Terms. The content of such individual agreements shall in each case be confirmed by both BESPACED and you in writing (it being understood that email shall suffice).

20. Controlling Law and Jurisdiction

The use of the Site and contesting of the validity, enforceability and termination of any Agreement are subject to German law and the jurisdiction of the courts of Duesseldorf.

21. Contacting BESPACED

If you have any questions about these Terms, please contact BESPACED at support@bespaced.com.

TERMS AND CONDITIONS HOSTS

Last updated: September 5th, 2017

THE SITE AND SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OF AGE OR OLDER AND ONLY FOR MERCHANTS. ANY USE OF THE SITE OR SERVICES BY ANYONE UNDER THE AGE OF 18 AND WHO IS NOT A MERCHANT IS EXPRESSLY PROHIBITED. UPON SUBMITTING A BOOKING YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND THAT YOU ARE A MERCHANT.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. SERVICES IN TERMS HEREOF ARE SUBJECT TO THE LIMITATIONS AND EXCLUSIONS STATED HEREIN.

Imprint:

BESPACED UG (haftungsbeschränkt)

Hoffeldstraße 88, 40235 Duesseldorf

Managing Director: Dr. Tatiana Chapovalova

Phone: +4921176909071, Mail: support@bespaced.com

Terms of service Hosts

www.bespaced.com is a registered web domain of BESPACED UG, a company whose details are set out above. BESPACED UG shall hereinafter be referred to as “BESPACED ”, “we”, “us”, or “our”.

BESPACED provides an online platform that offers temporary leases which are accessible at www.bespaced.com (the “Site”).

You agree to comply with and be legally bound by the terms and conditions of these terms (“Terms”), whether or not you become a registered Member. BESPACED reserves all rights in respect of access to and use of the Site and all Content. Please also read our Privacy Policy carefully.

1. Key terms

  • “Agreements” means the lease agreement between a Guest and you as Host, as determined by a booking request and your confirmation, and the mediation agreement between BESPACED as mediator and a Guest.

  • “Content” means all text, graphics, images, music, software, audio, video, information or other materials that BESPACED makes available through the Site, including Member Content.

  • “Transaction Fees” means the amounts that are due and payable by a Guest to BESPACED in exchange for the Guests hire of a Space, as determined by agreement between BESPACED and the respective Guest.

  • “Leasing Date” means the date of a lease agreed or to be agreed between you as Host and a Guest for your Space in accordance with section 4 of these Terms.

  • “Leasing Fees” means the amounts that are due and payable by a Guest in exchange for your Space, including all ancillary costs and taxes, if applicable.

  • “Listing” means a Space that is listed by you as available for rental via the Site.

  • “Member” means a person who completes BESPACED’s account registration process as described under “Account Registration” below.

  • “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or services.

  • “Guest” means any person or entity who subleases or attempts to sublease a Space you produced a Listing on the website of BESPACED.

  • “Space” means any room, office, house, apartment, studio, hall, center, building or other property and/or its facilities and immediate surroundings offered for rent by Guests via the Site.

2. Account Registration and Access

If you wish to create a Listing, you must first register to create an account (“BESPACED Account”) and become a Member. You are responsible for your profile. You may not have more than one (1) BESPACED Account. You agree to provide accurate, current and complete information during the registration process and to update such information. Access to your profile is password protected and you are responsible for safeguarding your password. BESPACED shall not be liable for any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees on whatsoever scale, arising out of or in any way connected with any activities or actions under your BESPACED Account, whether or not you have authorized such activities or actions. You will immediately notify BESPACED of any unauthorized use of your BESPACED Account.

3. Space Listings

As a Member, you may create Listings. To create a Listing, you will be asked in „List your space“ a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Space and pricing and related rules and financial terms. In order to be featured in Listings via the Site, all Spaces must have valid physical addresses. Listings will be made publicly available via the Site. Users will be able to book your Space via the Site from BESPACED based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Space on the platform of BESPACED, you may not request to pay a higher Leasing Fee than in the Listing.

You acknowledge and agree that you are responsible for management, maintenance and updating of any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and BESPACED’s use of a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.

BESPACED reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that BESPACED, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or services, but shall not be liable for any consequences due to its failure to remove such access.

BESPACED reserves the right, at any time and without prior notice, to edit any content of any Listing solely for optimization of content quality and online marketing.

BESPACED offers you the option of having photographers take photographs of your Spaces. This service is free of charge for BESPACED Members. If you choose to have a photographer do this, the photos will be uploaded by BESPACED in your listing. You are not allowed to use these photos beyond your listing on BESPACED.

4. Bookings

In case of a Guest´s booking you will receive a “Request to Book” for a specified Leasing Date. You commit to confirm or request a booking within 24 hours from receipt of a corresponding offer. If you granted exclusivity to BESPACED and a booking is requested for your Space, you will either confirm or reject the booking request within 24 hours, otherwise the booking request will be automatically cancelled. When you confirm a booking requested, BESPACED will send to you an email or text message confirming such booking, depending on the selections you make.

Once booking is confirmed, BESPACED will summarize the material terms of the lease (including the applicable cancellation policy) in an email to you. Such confirmation shall constitute a commercial letter of acknowledgement. If you feel that it does not fully reflect what has been agreed, you have to inform us without undue delay.

5. Financial Terms

Leasing Fees include all utilities (electricity, heating and water) unless as submitted by you in the course of the registration process. Leasing Fees do not include any services unless noted otherwise in the registration of the Listing.

Leasing Fees paid by Guest will be unlocked for payout within three days following the respective Leasing Date.

6. Cancellations by you

If you confirm a booking request of a Guest made by BESPACED, you have concluded a binding Agreement. You may not withdraw from such Agreement.

Only Guests may cancel a confirmed booking at the conditions of the individual Agreement.

7. Terms of Lease

You will reply to our questions and questions of Guests related to the booking of your Space during normal business hours. On the Leasing Date, you will make available Spaces to the Guests at such terms as per our individual Agreement, grant to them access to the Space (by handing over keys or otherwise), introduce them to specifics of the Space und be available for questions at least two hours from handing over.

You will ensure the Space fully complies with the Listing (in particular with any photos displayed in the Listing) on the Leasing Date and that the Space is clean and tidy (not less than shown in the picture) when handed over to the Guest.

8. BESPACED User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Content. In connection with your use of the Site and Content, you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

  • use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content;

  • use the Site or Content for any commercial or other purposes that are not expressly permitted by these Terms;

  • copy, store or otherwise access any information contained on the Site or Content for purposes not expressly permitted by these Terms;

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

  • interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • use our Site, services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;

  • “stalk” or harass any other user of our Site, our services or Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as Member;

  • register for more than one BESPACED Account or register for a BESPACED Account on behalf of an individual other than yourself;

  • unless BESPACED explicitly permits otherwise, request or book a hire of any Space if you will not actually be using the Space yourself;

  • contact hosts of any Space for any purpose other than asking a question related to a confirmed booking of such host’s Spaces or replying to such question;

  • recruit or otherwise solicit any host or other Member to join third party services or websites that are competitive to BESPACED, without BESPACED prior written approval;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • use automated scripts to collect information from or otherwise interact with the Site or Content;

  • use the Site, our services or Content to find the host of a Space and then complete a booking of a Space independent of the Site, in order to circumvent the obligation to pay any Leasing Fees to BESPACED or for any other reasons;

  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

  • systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  • use, display, mirror or frame the Site or Content, or any individual element within the Site or Content, BESPACED name, any BESPACED trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without BESPACED’s express written consent;

  • access, tamper with, or use non-public areas of the Site, BESPACED computer systems, or the technical delivery systems of BESPACED providers;

  • attempt to probe, scan, or test the vulnerability of any BESPACED system or network or breach any security or authentication measures;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BESPACED or any of BESPACED providers or any other third party (including another user) to protect the Site or Content;

  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send the altered, deceptive or false source-identifying information;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content; or

  • advocate, encourage, or assist any third party in doing any of the foregoing.

BESPACED has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

9. Ownership

You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of BESPACED and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content, or attempt to contest ownership thereof.

10. Content License

Subject to your compliance with the terms and conditions of these Terms, BESPACED grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Content solely for your personal and non-commercial purposes and (ii) access and view any Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BESPACED or its licensors, except for the licenses and rights expressly granted in these Terms.

11. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, you grant to BESPACED a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, by means of or to promote or market the Site. BESPACED does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or you have all rights, licenses, authorities, consents and releases that are necessary to grant to BESPACED the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BESPACED’s use of the Member Content (or any portion thereof) on, through or by means of the Site and our services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

12. Links

The Site may contain links to third party websites or resources. You acknowledge and agree that BESPACED is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BESPACED of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the BESPACED platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

13. Copyright Policy

BESPACED respects copyright law and expects its users to do the same. It is BESPACED’s policy to terminate in appropriate circumstances the BESPACED Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

14. Suspension, Termination and BESPACED Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your BESPACED Account or access thereto. In respect of the aforementioned, causes for limitation, suspension, deactivation or cancelation may include the creation of more than one (1) BESPACED Account by a Member or a Member providing information during the registration process or thereafter which proves to be inaccurate, fraudulent, outdated or incomplete. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your BESPACED Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, services, your BESPACED Account, your Member Content, or receive assistance from BESPACED Customer Service, (b) we will not accept any offers or reservations, and (c) we may cancel bookings.

You may cancel your BESPACED Account at any time via the “Cancel Account” feature or by sending an email to support@bespaced.com. Please note that if your BESPACED Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or Feedback.

15. Limitation of Liability and Damages

If a Space is damaged by a Guest or a Guests’s employees, agents or event participant, the Guest or the Guest´s insurance are required to compensate the damage. If the damage is not covered (paid) or not fully covered (paid) by the insurance company of the Guest, in some warranty and goodwill cases the remaining amount will be covered by the corporate liability insuarance of BESPACED.

Limitation of Liability:

under no circumstances, and under no legal theory, including, but not limited to, negligence, shall BESPACED or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable for any special, indirect, incidental, consequential, or exemplary damages (including without limitation, loss of profits, data or use or cost of cover) arising out of or relating to these terms or that result from your use or the inability to use the BESPACED materials and other content (including any summarized content) on the BESPACED website or any third party sites, the BESPACED website itself, or any other interactions with BESPACED, even if BESPACED or a BESPACED authorized representative has been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, BESPACED liability will be limited to the extent permitted by law.

Limitation of Damages:

in no event shall BESPACED or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the BESPACED website (whether in contract, tort (including negligence), warranty, or otherwise) exceed the amounts you paid to BESPACED in the 12 months prior to such claim.

Third party sites:

these limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise by third parties other than BESPACED and received by you through or advertised on the BESPACED website or received by you through any third party sites.

16. Indemnification

You agree to release, defend, indemnify, and hold BESPACED harmless from and against any claims, liabilities, damages, losses, and expenses, arising out of or in any way connected with:

  • a) your Member Content and/or

  • b) non-compliance or alleged non-compliance of Spaces and Listings (in particular claims of Guests) and/or

  • c) your non-compliance with the terms of the Agreement (in particular claims of Guests).

17. Individual Agreements

Individual agreements shall prevail over these Terms. The content of such individual agreements shall in each case be confirmed by both BESPACED and you in writing (it being understood that mail shall suffice).

18. Controlling Law and Jurisdiction

The use of the Site and contesting of the validity, enforceability and termination of any Agreement are subject to German law and the jurisdiction of the courts of Duesseldorf.

19. Contacting BESPACED

If you have any questions about these Terms, please contact BESPACED at support@bespaced.com.