top of page

Terms and Conditions

# General Terms of Use of KitchenTown GmbH & Co. KG (hereinafter referred to as "Operator") 11/2021

## Preamble

The operator targets its offering to companies in the food sector and provides office workstations and spaces, rooms, facilities, and equipment for product development. The operator has rented premises at Mollstraße 30-32 in 10249 Berlin and is authorized to allow multiple members to use the rented property simultaneously.

## § 1 General

By becoming a member, the member gains the right to book the operator's services. The type and scope of services are determined by the contract, these terms of use, additional services booked in the management system, the current price and service overview, and the house rules (both available at []

The member is aware that all regulations mentioned in § 1 para. 1 are continuously updated and may change. Except for tariff and price changes (see §6), changes will be communicated to the member by email or in the management system by the 15th of a month. The new terms will apply from the first day of the following month.

Business conditions or contradictory statements by the member are not part of the contract unless the operator accepts them in writing. If the member books services for other users according to § 3 para. 5, the member must inform the users of these regulations and oblige them to comply with the relevant documents.

## § 2 Membership, Duration, and Termination

The contract begins with registration in our management system, booking a valid tariff, and subsequent confirmation by the operator. The member is obliged to provide complete and accurate information. If there is a change in the provided data after registration, the member must inform the operator immediately or update the information in the management system. Access credentials and personal passwords must not be shared with third parties and must be protected from unauthorized access.

The contract is for an indefinite period. Unless otherwise stated, the billing period is one (1) month. The usage relationship ends automatically if the main lease between the operator and its landlord ends. The operator will inform the member immediately and refund any future payments already made.

The parties may terminate the contract with 28 days' notice, unless otherwise stated before the contract conclusion, at the end of a billing period. The termination must be declared in writing (email to is sufficient) or independently in the management system. The right to extraordinary termination for good cause remains unaffected. A good cause for the operator exists if the member:

a) is in arrears with more than one billing, wholly or partially, regardless of whether these are consecutive billings.

b) significantly endangers the rights of the operator by substantially neglecting the care required or unlawfully transferring it to a third party.

c) repeatedly or significantly violates the obligations from the contract, these terms of use, SOPs, hygiene regulations, or house rules.

d) becomes insolvent, especially if insolvency proceedings are opened or rejected due to lack of assets.

Other statutory provisions remain unaffected.

At the end of the membership, regardless of the termination reason, the member must immediately vacate the premises and facilities. Assigned workspaces must be returned in the same condition as received, free from persons, items, or dirt, except for wear and tear from regular use. If the member does not comply after a single request with a reasonable deadline, the operator will restore the original condition and charge the member the current hourly rate for cleanup work according to the price and service list. The operator may use the member's company name, trademarks, and logo on its websites, premises, or social media publications as a reference.

## § 3 Services

The operator provides all services, unless otherwise stated, at Mollstraße 30-32 in 10249 Berlin. Membership is non-transferable, and services may only be used for the stated purpose. Subletting is not permitted. The operator may use qualified third parties to provide services under the contract and may assign contract rights to affiliated companies.

Services are subject to different tariffs, each limiting usage to a specific scope, spaces, inventory, or times. These are outlined in the price and service overview. Additionally, members can book various services and offers based on availability through the management system.

Tarif services must be used within the billing period (one month unless otherwise specified). Unused services expire and are not refunded.

Members must check the equipment's condition before use. Starting use acknowledges its completeness and functionality. Tariff usage is personal. Additional user accounts (users) can be added or booked in the management system. Additional users may only be employees or legal representatives of the member without prior written consent from the operator. The number of free additional users is in the price and service overview. Billing is always through the first created member account with a registered billing address.

Postal and parcel shipments may be received at Mollstraße 30-32 in 10249 Berlin as part of office operations (defined in house rules). The operator assumes no responsibility for delivery or integrity, except in cases of intent and gross negligence. The member receives no authorization to accept deliveries not addressed to them or registered users.

Logistics, i.e., incoming and outgoing deliveries of raw materials, ingredients, packaging, and products related to food production, are explicitly excluded from § 3 (6). The member is responsible for logistics per the house rules. The operator does not provide competitive protection.

## § 4 Availability

Tariffs include usage of (a) reservable workspaces, areas, rooms, and (b) non-reservable workspaces, areas, rooms, machines, or tools. A list is provided in the house rules before the contract begins.

Category (a) facilities can be reserved through the management system's booking calendar. The operator ensures an adequate number of available units for members within a billing period but cannot guarantee availability for specific dates unless stated in the tariff or booking information.

Category (b) facilities cannot be reserved unless stated in the tariff or booking information. Usage is possible as long as unoccupied units are available. Members agree to use facilities according to house rules and with mutual consideration.

The operator may hold up to five events monthly in shared areas, development spaces, and office spaces, limiting member access. Event dates are announced in advance. Members have no claims for reduced opening times. Members must remove items from affected areas after notice.

## § 5 Usage Rules

Members must attend a general orientation on proper and safe use of facilities, compliance with legal requirements, especially food and hygiene laws. Members must also instruct their registered users. Members and users must follow guidelines and adjust their behavior accordingly.

Members producing food for third parties in the operator's premises are considered food business operators per Article 3 No. 3 VO 178/2002 and must comply with related legal requirements. Members are fully responsible for hazard analysis and HACCP standard self-monitoring. Recognizing house rules alone does not fulfill these obligations. The operator is not a food business operator or product manufacturer and is not responsible for compliance.

All facility use is at the member's risk. Members must not impair proper and safe operation or endanger or harass others. Members must vacate their workspace daily unless otherwise stated in the tariff or booking information. Workspaces and shared areas must be left clean and orderly according to house rules. If a member fails to comply after a single request with a reasonable deadline, the operator will restore the condition and charge the member the current hourly rate for cleanup work according to the price and service list.

All personal items must be removed daily unless otherwise agreed. The operator may allow members to bring their machines, tools, equipment, or items into the premises for free or a fee. The operator assigns a storage location for these items. The operator assumes no liability for the integrity of these items. Members are responsible for regularly checking and documenting the operational safety of electrical devices. Instructions from the operator's personnel, legal representatives, or employees (supervisors) must be followed.


Members must use all facilities, systems, especially machines and tools, properly and for their intended purpose per operator guidelines. Members are liable for all damages caused by themselves or their registered users, including accidental activation of smoke detectors and associated costs (e.g., fire department). The member bears the burden of proof for exoneration. Damages to furnishings, machines, or buildings must be reported to the operator's employees immediately.

The operator maintains and repairs all inventory, bearing the risk of loss or damage. The operator keeps inventory in proper condition and promptly repairs any issues. Usage may be limited during repairs, not entitling members to a reduction. Members must report damages or limitations immediately.

Upon contract termination, inventory must be returned in proper condition. Members must compensate for missing or damaged inventory or items whose usability is deemed null due to wear beyond normal use. Waste containers are for household waste only. Members must arrange for the disposal of chemicals, hazardous materials, and special waste per house rules, at their own cost, and coordinate with authorities and disposal companies. Members indemnify the operator from any claims related to such disposals.

Members have access during announced hours on the website or internal communication media. The operator provides a coded access card or mobile access via app for the contract duration. Lost access cards or mobile devices must be reported immediately. The operator charges a fee for lost access cards per the price list. Members are liable for all damages and consequential losses from lost access cards.

## § 6 Prices and Tariffs

Prices and tariffs are available on [] or in the management system. Prices and tariffs may change for subsequent billing periods. Changes are communicated via email or in the management system. If the member disagrees with changes, they have a seven (7) day special termination right from the change notification to the end of the current billing period. If the member does not exercise this right, the new prices and tariffs apply from the next billing period


Members manage and order services through the management system. The operator may record and store members' electricity consumption and printer usage. Members are notified of excessive electricity consumption, and additional costs may be charged. Printer usage in a calendar month is billed in the following month's invoice, according to the price list.

## § 7 Operator's Liability

The operator limits its liability to cases of intent and gross negligence, except for injury to life, body, and health, where it is also liable for slight negligence. The operator is also liable for simple negligence if it concerns essential contractual obligations, enabling proper contract performance and trusted by the member. In this case, liability is limited to typical foreseeable damages, up to EUR 50,000.

The operator assumes no liability for damage or loss of items in the premises. The operator is only liable for direct damages, not indirect or consequential damages, especially lost profits. This limitation does not apply to injury to life, body, and health or product liability claims. The exclusion and limitation also apply to slight negligence by the operator's legal representatives or agents.

Claims must be made immediately. Claims expire if not filed within twelve (12) months after written denial. This does not apply to claims from intent or gross negligence, or culpable injury to life, body, or health, or claims under product liability law. The right to plead the statute of limitations remains unaffected.

## § 8 Member's Liability

Members are liable for damages caused by themselves or their registered users to rooms, equipment, or items loaned or provided by the operator, up to the replacement value. This includes loss, third-party damage, or theft. Members are also liable for consequential damages from operational failure or damage.

Members must secure their equipment and items against damage or injury and are fully liable for damages caused. Members must have liability insurance and, depending on their activity, property insurance for items, installations, and equipment at their own cost, and provide proof to the operator upon request.

Members must consider other members and are solely liable for any third-party damages and indemnify the operator from third-party claims. This includes consequential damages. Members must use internet access responsibly and in compliance with legal provisions, indemnifying the operator from third-party claims.

The operator does not guarantee internet connection quality. Members must take precautions against data loss, transmission errors, operational disruptions, and other impacts. Members must ensure compliance with legal requirements related to their usage and indemnify the operator from third-party claims. Members are liable for their registered users, employees, guests, and third parties they bring into contact with the operator's services.

## § 9 Billing and Payment

The operator may require advance payments for booked services. Invoices are generally issued monthly and are always accessible in the management system. Payment is due immediately upon invoice issuance. The operator uses PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg) and GoCardless Ltd (Sutton Yard, 65 Goswell Road, London, EC1V 7EN) for automated payments. The providers' terms and conditions apply.

Members are in default five business days after payment is due, with the operator's receipt date being decisive. The operator may allocate payments to outstanding claims unless the member specifies otherwise.

The operator's offer targets food companies. The operator has rented premises at Mollstraße 30-32 in 10249 Berlin and is authorized to allow multiple members to use the property simultaneously. The main landlord has waived VAT exemption per § 9 UStG, opting for VAT liability. The operator must use the property for transactions not excluding the landlord's VAT deduction and confirm this to the landlord upon request. The operator must provide documents to prove this to the tax office. If the operator's business changes so that the landlord is not fully entitled to VAT deduction, the operator must inform the landlord immediately. These obligations also apply to the member. The main landlord may derive rights directly against the member (authorized contract for third parties).

## § 10 Access to Premises / Construction Measures

The operator and its agents may stay in the premises and inspect shared workspaces anytime. For justified interests, the operator may enter and inspect non-shared workspaces after prior notice or appoint others. The main landlord may access under the same conditions upon the operator's request. Justified interests include construction, modernization, maintenance, installation, servicing, or inspection of facilities serving the premises or modern amenities (e.g., heat, water, gas, electricity supply).

The operator may conduct construction, modernization, and repairs in the premises and adjacent areas after prior notice if it serves preservation, improvement, cost-saving, or damage and hazard prevention or removal.

## § 11 Data Protection

The operator complies with GDPR regulations. Relevant data protection information is available at []

## § 12 Final Provisions

The member has a right of retention or refusal only if the claim is undisputed, legally binding, or ready for decision. The operator may withhold services until payment arrears are cleared, and this does not entitle the member to termination or reduction. Unused units expire after the billing period.

The member may offset claims only with undisputed or legally established claims after contract termination. Offsetting against rent, operating costs, and usage compensation claims is excluded after returning the rented property.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive jurisdiction for all disputes arising from or related to the contract, including its validity, is Hanover, if legally permissible. The operator may also sue the member at their general place of jurisdiction or a branch's location.

If any provision of these terms is invalid, the validity of the contract remains unaffected. The invalid provision will be replaced by a regulation that comes closest to the parties' intentions within the legal framework. The same applies to any gaps.

Date: 01.11.2021

bottom of page
Scroll to Top Button