Your Use of ShareYourSpace and Your Relationship with ShareYourSpace GmbH
These terms of use describe the relationship between you and ShareYourSpace GmbH regarding the services provided by ShareYourSpace GmbH. ShareYourSpace GmbH grants you permission to use the ShareYourSpace services, provided that you agree to these terms of use – these explain the services, particularly the ShareYourSpace digital platform, and define the rights, obligations, costs, and contractual relationships associated with use.
In addition to these terms of use, ShareYourSpace GmbH publishes a privacy policy, which is not part of these terms of use.
Thank you for using ShareYourSpace! It’s great that you are a sharing and sustainability hero!
Concept of ShareYourSpace
Fewer and fewer people and organisations want or can commit to long-term space obligations. However, the office market is traditionally characterised by long-term, complex leases and rigidity. Spaces are almost never “tailor-made” – rarely at the time of rental and even less so over time. Companies, organisations, teams, projects, and businesses are dynamic and change, while the spaces do not “breathe” with them. The demand for flexible office spaces is high. New construction cannot fulfil this need, especially not sustainably. What is needed is a broad range of different, temporally and spatially flexible workspaces.
The key to the solution lies in existing space: offices, desks, conference, meeting, and training rooms are not occupied 365/24/7, but mostly unused, e.g., due to vacancy, part-time work, out-of-office days, or excess space. And they are usually ready for plug & work.
ShareYourSpace is an online marketplace for offering or booking workspaces flexibly. For all types of workspaces: all locations, sizes, facilities. With or without furniture. Whether it’s a single desk in the middle of it all, an office room, or an entire floor. Whether for exclusive use or coworking. For any time of day, week, month. Whether for an hour, several years, or indefinitely.
Offering, requesting, booking, and paying are enabled in a digital process for both landlords and tenants. To this end, ShareYourSpace offers, among other things, structured search options, detailed space descriptions, calendars, maps, recommendations, and security features.
ShareYourSpace is aimed at everyone:
· Workspace owners (whether owners, tenants, subtenants, startups, small medium businesses, large companies, public authorities, asset managers, coworking operators, hotels), and
· Workspace seekers (whether startups, small medium businesses, large companies, public authorities, project teams, freelancers, new workers).
The ShareYourSpace Mission: Boosting Flexibility + Sustainability In The Office World!
· Sharing brings flexibility to office and work environments.
· Sharing also improves sustainability in offices, workplaces, and work-related mobility. Better utilisation of existing spaces through sharing means less new construction, less land sealing. The most sustainable building is the one that isn’t built! Workplaces and mobility are interconnected. The best commute is a short one! ShareYourSpace users move the biggest sustainability lever in the construction, real estate, and work world to reduce carbon footprints, relieve traffic, and conserve resources.
Operator ShareYourSpace GmbH and ShareYourSpace Pages
ShareYourSpace GmbH operates the ShareYourSpace online marketplace on the websites (including subdomains) of https://shareyourspace.com, collectively referred to as ShareYourSpace. The term ‘ShareYourSpace pages’ also includes the official social media channels of ShareYourSpace, such as LinkedIn, Instagram, and YouTube, through which ShareYourSpace GmbH provides its services and content.
Definitions
“Spaces” are the workspaces, commercial spaces, business premises, workplaces, coworking areas offered for rent on ShareYourSpace.
“User” is any registered user of ShareYourSpace, whether a potential landlord or tenant. By registering with ShareYourSpace, the user automatically confirms that they are not acting as a consumer.
“Provider” or “Host” or “Landlord” is any user who offers spaces on ShareYourSpace and has the appropriate authorisation to do so, i.e., exercises actual control over the property.
“Seeker” or “Interested Party” is any user searching for spaces on ShareYourSpace.
“Guest” or “Tenant” is any user who has entered into a rental agreement with a host or landlord for a space.
“Booking Requests” or “Reservation Requests” refer to requests to rent a space.
“Booking” is the conclusion of a rental agreement for a space.
“Booking Confirmation” is the rental contract document.
“Listing” refers to the description of a space that the host or landlord wants to offer or offers on ShareYourSpace.
“Additional Costs” are costs in addition to the flat rent for chargeable additional services named in the listing or claimed on-site, such as operating costs, heating, electricity, water, and other ancillary costs agreed in the rental contract that arise in connection with renting the space.
“Total Rental Price” refers to the flat rent as well as all additional costs. The booking sum thus represents the full amount the tenant must pay to the landlord, regardless of whether the rental contract was concluded via the platform or through direct mediation.
“Services” are all functions and services, including user interfaces of ShareYourSpace, including functions and services for listing, marketing, searching, bookings, payment processing, user profiles, reviews, evaluations, and services for users and spaces.
“Mediation” means the referral of space seekers to the host. Any request from a listing party to a space via or with the help of ShareYourSpace is a mediation.
“Transaction Fee” is the fee that ShareYourSpace GmbH charges the host or landlord for the conclusion of a rental contract between the host and the interested party. The transaction fee is 15% of the total rental price, including any VAT, for the entire booking period. The transaction fee is also due from the host for follow-up bookings that result from the initial mediation. The transaction fee is also due if the rental contract was not concluded on ShareYourSpace.
Scope
The legal relationships between ShareYourSpace GmbH and the (potential) host or landlord, between ShareYourSpace GmbH and the interested party or guest, and between host and interested party or guest are governed, among other things, by these terms of use. These terms of use apply to the registration and use of ShareYourSpace and ShareYourSpace services as well as to all products of ShareYourSpace GmbH, listings, non-binding reservation and booking requests, and binding bookings of spaces via or initially facilitated by ShareYourSpace. These terms of use also apply in relation to ShareYourSpace GmbH even in the event of conflicting terms and conditions of users who intend to offer or book spaces. The conflicting terms and conditions of users are not accepted by ShareYourSpace GmbH, even if ShareYourSpace GmbH provides services in knowledge of the user’s conditions, unless otherwise expressly agreed in writing between ShareYourSpace GmbH and the user.
Services, Obligations, Disclaimer
ShareYourSpace is an online marketplace that enables hosts or landlords to list spaces, communicate directly with interested parties, and conclude rental agreements with interested parties who wish to book spaces. Host listings may include offers to use all types of workspaces – furnished or unfurnished commercial spaces, individual workplaces, or coworking areas – with the possibility of using the infrastructure of the spaces and other services.
ShareYourSpace and associated services must not be misused, damaged, impaired, or disrupted, for example, by accessing or using them fraudulently or deceitfully, introducing malware, spamming, hacking, or bypassing costs, regular processes, or protective measures.
Users of the platform are expressly prohibited from searching, retrieving, or copying the ShareYourSpace website or parts thereof using web crawling, scraping, or similar techniques. Any form of data collection for purposes other than renting spaces via ShareYourSpace is strictly prohibited without the express written consent of ShareYourSpace. Violations may result in legal action.
Users must be of legal age and may not act as consumers.
The creation of a space listing and the booking of a space require registration with ShareYourSpace, with the setup of a user account. Required and optional information must be complete and truthful. If use is for a company or legal entity, the full company name must be provided in the user account. Changes to the aforementioned data must be corrected or supplemented by the user without delay in their user account. By registering, the user accepts the terms of use and submits an offer to conclude a contract with ShareYourSpace GmbH for the use of ShareYourSpace, including functions and conditions according to these terms of use. ShareYourSpace GmbH accepts this offer. The contract for the use of ShareYourSpace is concluded for an indefinite period and may be terminated at any time with immediate effect unless otherwise agreed in writing. Termination does not affect already concluded rental agreements and any other existing contracts between the user and ShareYourSpace GmbH.
The host undertakes only to list spaces for which the host or their representative has the appropriate authorisation.
The interested party is obliged to make bookings only for natural or legal persons for whom they are authorised to make the corresponding declarations, provide personal data, and initiate the transmission of personal data by ShareYourSpace to the host.
If the host has indicated in their listing that VAT applies, the guest may only use the rooms for transactions that do not exclude the corresponding input tax deduction. If the guest violates this obligation, they shall be liable to the host and ShareYourSpace GmbH for all damages resulting therefrom.
The use of ShareYourSpace is generally free of charge for all, unless otherwise specified below: If a rental agreement is concluded between the host and the interested party, ShareYourSpace GmbH receives a transaction fee from the host amounting to 15% of the total rental price, including any VAT, for the entire booking period. The transaction fee is also due from the host for follow-up and subsequent bookings resulting from the initial mediation, even if these bookings are agreed outside of ShareYourSpace. The transaction fee is also due if a rental agreement was not concluded on ShareYourSpace, but the interested party became aware of the space through ShareYourSpace or the interested party was referred to the host through ShareYourSpace. The transaction fee is calculated plus statutory VAT on the transaction fee.
ShareYourSpace GmbH operates ShareYourSpace. ShareYourSpace GmbH does not own any spaces and does not offer any spaces itself. ShareYourSpace GmbH is not the owner, seller, reseller, or provider of listings. Hosts are solely responsible for their listings, the images used, rental prices, rental conditions, host services, and tenants. Tenants and landlords conclude the rental agreement, including any supplementary contracts, directly with each other. ShareYourSpace GmbH is and will not become a party to the contractual relationship between the tenant and the landlord. ShareYourSpace GmbH is not liable for the fulfilment of obligations by the contracting parties or for damages resulting from their breaches of duty. ShareYourSpace GmbH is not responsible for the creditworthiness of the tenant or the actual availability of the spaces, their freedom from material and legal defects, their handover to the tenant and return to the landlord, any rental security to be provided, or damage caused by the tenant or third parties. Compliance with all relevant legal regulations, particularly those of tax, building, and commercial law, is the sole responsibility of the users. If ShareYourSpace GmbH mediates additional services and services from third parties for workspaces and users (e.g., office equipment, food services, connectivity, catering), ShareYourSpace GmbH acts solely as an intermediary. The contractual relationship is concluded directly between the host or guest and the third-party provider. ShareYourSpace GmbH does not become a contractual partner in these contractual relationships. ShareYourSpace GmbH may receive a lead fee from the third-party provider for successful mediation.
ShareYourSpace GmbH does not monitor, guarantee, or is liable for the following:
· Quality, legality, accuracy, completeness, truthfulness of listings and listing content
· Existence, quality, safety, suitability, legality of spaces
· Existence, identity, creditworthiness, reliability, performance, and payments of users
· Quality, legality, accuracy, completeness, truthfulness of reviews, evaluations, or other member content
· Quality, suitability, creditworthiness, reliability, performance of third parties
ShareYourSpace GmbH is not responsible for outages or disruptions of the internet and telecommunications infrastructure that are beyond ShareYourSpace GmbH’s control and may lead to disruptions in the availability of ShareYourSpace. ShareYourSpace GmbH may temporarily restrict the availability of ShareYourSpace or certain areas or functions if this is necessary in view of capacity limits, the security or integrity of its servers, or to carry out maintenance measures that serve the proper or improved functioning of ShareYourSpace.
The services must not be misused, damaged, impaired, or disrupted, for example, by accessing or using them fraudulently or deceitfully, introducing malware, spamming, hacking, or bypassing systems or protective measures.
User Content and Communication
Users of ShareYourSpace and any third parties are prohibited from posting or distributing content and messages (e.g., texts, images, videos, reviews) on ShareYourSpace that:
· are untrue, inappropriate, or misleading, e.g., about spaces, equipment, work environment, office community, neighbours, landlords, interested parties or tenants, user profiles, usage and rental conditions, space use, availability, prices, and conditions
· for which the user does not hold the necessary rights
· are degrading, offensive, abusive, threatening, pornographic, or racist
· violate third-party rights or are otherwise unlawful
· openly or covertly advertise products, services, or companies that are not directly related to the offered spaces
· contain links or similar information or references that could impair the functionality of ShareYourSpace
If a user violates these conditions, ShareYourSpace GmbH is entitled to claim damages and otherwise change or completely remove content and messages without notifying the user and without giving reasons.
Likewise, users of ShareYourSpace and any third parties are prohibited from copying or using the content and messages provided on ShareYourSpace (e.g., texts, images, videos, reviews) for their purposes without the prior consent of ShareYourSpace GmbH, except if the purpose is to rent a space.
Users will be held liable for misleading, fraud, identity theft, and defamation.
Image Material from ShareYourSpace GmbH
Image material provided by ShareYourSpace GmbH to users remains the property of ShareYourSpace GmbH, including all rights to the image material.
Placement of Listings and ShareYourSpace Marketing
The placement and order of listings in search results on ShareYourSpace may vary depending on factors such as the guest’s search parameters and preferences, the host’s requirements, price and availability, the number and quality of images, user and cancellation history, reviews and ratings, or premium services or marketing campaigns booked directly with ShareYourSpace or ShareYourSpace GmbH.
ShareYourSpace GmbH is entitled but not obliged to promote spaces listed by users, listings, or excerpts from listings and content in ShareYourSpace’s own analogue and digital media, including social media channels, at its own expense, and also to publish and advertise them on external marketing and communication channels as well as third-party listing platforms, e.g., Immobilien Scout GmbH, to increase the visibility of listings for potential guests and to promote and market ShareYourSpace and space offers. By uploading content to ShareYourSpace, including but not limited to images, descriptions, and details of spaces, the user grants ShareYourSpace GmbH the unrestricted, irrevocable, and transferable right to publish and use this content for advertising and marketing purposes without the need for additional consent from the user.
Booking and Payment Processing
By booking a listed space, the interested party makes a binding offer to conclude the rental contract. The interested party is bound by their rental offer. The binding period expires if the landlord rejects the booking request or the interested party cancels their booking request before the booking confirmation. Upon acceptance of the offer by the host via ShareYourSpace, the rental contract is concluded on ShareYourSpace. The tenant receives the booking confirmation (rental contract document) via ShareYourSpace.
The content of the rental contract is determined by the content of the listing and the booking. The landlord and tenant are free to make any additional agreements that supplement the rental contract.
Rent payment is due immediately in advance before taking over the space, but not more than one month’s rent.
ShareYourSpace GmbH does not take on any claims or rental management itself. ShareYourSpace processes payment on behalf of the landlord through the service provider Stripe Inc., 354 Oyster Point Boulevard, San Francisco, California, 94103, unless otherwise agreed between ShareYourSpace GmbH and the landlord. Stripe Inc.’s terms and conditions apply in addition: https://stripe.com/de/legal/consumer. Payment collections are made via a payment method offered by the payment service provider and selected by the guest. After collecting the rent, Stripe Inc. pays it to the landlord, deducting the transaction fee owed by the landlord to ShareYourSpace GmbH. The costs incurred in the course of payment processing at Stripe Inc. are borne by ShareYourSpace GmbH and are not part of the transaction fee charged to the landlord.
The transaction fee is due upon the conclusion of the rental contract. If the rental agreement is terminated regularly or extraordinarily, the claim to the transaction fee remains unaffected by the rental contract unless the termination is due to a reason intentionally or grossly negligently caused by ShareYourSpace GmbH. The payment of the transaction fee is due together with the rent and is directly deducted from the landlord’s rent by the service provider Stripe Inc. commissioned by ShareYourSpace GmbH with the processing of online payments. If rental payments are not processed via ShareYourSpace, the landlord owes the transaction fee directly to ShareYourSpace GmbH.
Cancellation of Booking Request
As long as a booking has not been confirmed, the interested party can cancel the booking request free of charge.
Cancellation of Rental Agreement
Upon the conclusion of the rental contract, the booking is binding for both parties. If a cancellation or termination of the rental contract is made by one party (e.g., rescission, withdrawal, etc.), the other party is entitled to claim damages from the cancelling party according to the legal regulations, unless otherwise agreed between the landlord and tenant in the rental agreement. A claim for damages against ShareYourSpace GmbH is excluded unless the cancellation is due to a reason intentionally or grossly negligently caused by ShareYourSpace GmbH.
The transaction fee remains unaffected by the cancellation unless the claim to the transaction fee by ShareYourSpace GmbH is mandatorily waived by law.
Service Damage Insurance for ShareYourSpace Users
ShareYourSpace GmbH has taken out a professional property protection and liability insurance policy for office operations with AXA Versicherung AG as a service for the users of ShareYourSpace. The commercial and technical equipment of the office spaces rented through ShareYourSpace in Germany, including secondary liability insurance for office operations, is insured. This applies if no primary liability insurance is available and only according to AXA’s policy terms.
To the extent that this subsidiary insurance does not cover a risk or does not cover it to the extent required, damages must be settled according to the legal regulations only against the perpetrator.
The general terms and conditions of AXA Versicherung AG apply.
Special Conditions for Hosts
When creating a listing on ShareYourSpace, the host must provide at least the offer title, host’s name, offer address, offer period, and rental price and indicate whether VAT applies to the rental price.
All relevant information about the space offer must be provided completely and accurately. This also includes conditions and restrictions on use and users.
The host is solely responsible for setting a rental price (including any applicable taxes or additional fees such as a cleaning fee) for their space offer. Once a guest requests a booking for the listing, the host may not charge the guest a different price than the one applicable at the time of the booking request.
The host is responsible for keeping all information in their listing, including availability, up to date.
All information and descriptions of listings are based on the provider’s or host’s statements. ShareYourSpace GmbH has no influence on this information and assumes no responsibility for its accuracy and completeness. This also applies if ShareYourSpace, on behalf of the host, creates or posts the listings as a service. It is the host’s responsibility to check the listing details.
If an instant booking is enabled or a booking request from a guest is accepted, the host and guest enter into a legally binding contract. The host must provide the host service as described in the listing at the time of the booking request.
Special Conditions for Guests
The selection and order of the listings displayed on ShareYourSpace are based on the conditions specified by the interested party (e.g., location, price, period, equipment) and the listing information provided by the host. However, the selection and order displayed on ShareYourSpace should not be understood as implying that no other space offers might better meet the rental interest’s wishes or conditions.
If the host indicates in their listing that VAT is charged for the rental, the guest guarantees that they will only carry out activities and generate revenues during their stay in the host’s space that do not exclude the corresponding input tax deduction, so that the landlord is not prevented from waiving the VAT exemption according to § 9 Abs. 2 Umsatzsteuergesetz.
Depending on the booking options the host has set for a listed space, the guest may either book directly or submit a booking request. The latter must be accepted by the host for the booking to be concluded. The host may reject a booking request without the guest deriving any claims for damages from it.
The guest irrevocably agrees to pay all costs and fees listed in the listing for the booking they have made.
Upon receiving the host’s booking confirmation, a binding contract is concluded between the guest and host under the conditions stated in the listing in connection with the specific booking.
When booking workplaces or desks from multiple workplaces or desks, the guest has no claim to a specific workplace or desk.
As part of payment processing via Stripe Inc., ShareYourSpace GmbH will collect the fees at the time of the booking request or after acceptance by the host according to the payment conditions via Stripe Inc.
If a space is booked for several guests (e.g., booking a meeting room for multiple people), the booker must ensure that each guest meets the host’s requirements.
A confirmed booking of a space constitutes a limited right granted to the guest by the host to enter and use the space for professional (not private) purposes for the duration of the booked period. During this time, the host is entitled to enter the space in accordance with applicable law and the agreements with the guest, unless the guest and host have expressly agreed otherwise.
The guest irrevocably agrees to leave the space by the checkout time specified in the listing or by another time agreed between the guest and host. If the guest remains beyond the agreed time without the host’s consent, they have no right to remain in the space. In this case, the host is entitled to remove the guest in accordance with the local applicable law. If the host demands it, the guest is obliged to compensate the host for the time exceeding the agreed stay, including all possibly incurred fees, taxes, and costs of necessary legal action that the host incurs to remove the guest from the space. Compensation, fees, taxes, and costs can be automatically debited from the guest’s account via Stripe Inc., for which the guest irrevocably authorises ShareYourSpace GmbH.
If the number of people was defined in the booking, the guest may not bring additional persons into the space. Nor may any persons other than those named in the booking use the booked space. The guest is liable for all damages and contract breaches caused by the persons they have brought. Business partners of the guest may only be brought along after prior consultation with the host.
The space must be returned in the condition in which it was provided to the guest, unless otherwise agreed between landlord and tenant. Received keys, access cards, or similar access-providing authorisations must be returned upon returning the space, and copies of keys etc. are not permitted. If the return is not in the condition in which the space was received, the guest is liable to the host according to legal regulations.
No Right of Withdrawal
ShareYourSpace is a B2B service.
ShareYourSpace provides for the rental of workspaces to guests who seek workspaces for their professional activities. The user base approved by ShareYourSpace is also limited to natural and legal persons offering professionally used spaces on the host side.
By registering with ShareYourSpace, the user confirms that they are not acting as a consumer. Against this background, there is no legal right of withdrawal under the German Civil Code (BGB) due to the lack of consumer status. No contractual right of withdrawal is granted either.
Out-of-Court Online Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform) accessible at https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks. ShareYourSpace GmbH is not obliged to participate in this or any other dispute resolution process.
About these Terms of Use
Individually agreed provisions between ShareYourSpace GmbH and a user take precedence over conflicting terms of use in the event of contradictions with these terms of use. Corresponding changes, additions, or the cancellation of individual terms of use must be in writing. This also applies to changes to this written form clause.
These terms of use are not intended in any way to limit any opposing mandatory legal rights. Should any of the above provisions be invalid or unenforceable or become so, the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid provision that most closely reflects the economic purpose of the provision to be replaced shall apply. The same applies in the case of a gap.
The terms of use and contracts based on them are exclusively subject to the law of the Federal Republic of Germany. The place of jurisdiction is – insofar as legally permissible – Munich.
ShareYourSpace GmbH reserves the right to update these terms of use and service-specific supplementary terms if necessary to reflect changes in ShareYourSpace services or business processes, as well as to add new services, functions, technologies, prices, or benefits or to remove old ones, for legal, regulatory, or security reasons, or to prevent abuse or harm.
When ShareYourSpace changes terms of use or service-specific supplementary terms, users will be informed at least 14 days before the changes take effect. With the information about the changes, ShareYourSpace GmbH provides the new version of the terms of use and points out significant changes. If users do not object before the changes take effect, the amended terms of use are considered accepted. Likewise, continued use of ShareYourSpace is deemed to be acceptance of the amended terms of use. Users can refuse to accept the changes – in this case, the changes do not apply to the objecting user. However, ShareYourSpace GmbH reserves the right to terminate the user relationship if the further requirements for termination are met.
The ShareYourSpace services are offered by:
ShareYourSpace GmbH
Registered under German law in the Commercial Register of the Munich District Court HRB 248265
VAT ID No.: DE325385431
Business address:
Schellingstr. 85
80799 Munich
Germany
Thank you for being a sharing and sustainability hero!