Terms & conditions

VENUE HOSTS’ CONDITIONS

These Venue Hosts’ Conditions have been drawn up by Spacialties B.V. (“Spacialties”), having its registered office at XXX in Amsterdam and registered in the Chamber of Commerce under number XXX. The Venue Hosts’ Conditions relate to the use of the Spacialties online platform (”Spacialties platform”), which includes the  Spacialties website (www. spacialties.com, the “Website”), the Spacialties widget, the Spacialties mobile application and all other applications with which the Spacialties platform can be used (the “Spacialties portals”). Read through the Venue Owners Conditions carefully before you register with, and make use of the Spacialties platform. The Venue Hosts’ Conditions can at all times be consulted on the Website. Spacialties reserves the right to alter these Venue Hosts’ Conditions from time to time. By using (or continuing to make use of) the Spacialties portals you agree with the most recent version of the Venue Hosts’ Conditions. The applicability of any purchasing or other conditions of the Venue Owner is explicitly rejected.

 

1 DEFINITIONS

1.1 In these Venue Hosts’ Conditions the following terms have the meaning set out behind the terms:

– Spacialties: The business which runs the Spacialties platform.

– Spacialties platform: The online service offered by Spacialties, with which Users and Venue Owners are brought together to offer, look for, find and book a Space. – Spacialties portals: the website www.deskbookers.com, the Spacialties widget, the Spacialties  mobile applications and all other applications which are offered by Spacialties, with which the Spacialties platform can be used.

– Spacialties widget: an application developed by Spacialties which is offered on the website of a third party, with which Users can add Bookings to the Spacialties platform.

– the Account: the part of the Spacialties platform that is used by a Venue Host to register and manage Bookings of Users, consisting of, inter alia, a reservation system.

– Venue Host: a party which offers (a) Space(s) via the Spacialties platform, which Space(s) can be booked by a User.

– User: a natural person acting in the course of a profession or business, which makes use of the Spacialties platform to book a Space.

– Space: a flexible workplace (including the entirety of a table and a chair, conference rooms and other rooms and other facilities, services and products) which is offered by a Venue Host and which can be booked by a User.

– Booking: the registration of the (intended) use of a Space by a User.

 

2 USE OF SPACIALTIES PLATFORM

2.1 The Venue Host agrees with Spacialties that Users can book (a) Space(s) via the Spacialties platform which are managed by the Venue Host. The commercial terms that are agreed on in this respect, such as the commission that Spacialties receives here fore, are laid down separately in Annex 1 of these Venue Owners Conditions. These Venue Owners Conditions, including its Annexes, constitute the agreement between the Parties (the “Agreement”). 2.2 In order to be able to make use of the Spacialties platform, the Venue Host must register with the Spacialties Platform. The registration instructions must be strictly followed. The Venue Host guarantees that the details that are entered during the registration are correct. After registration the Venue Host will have an account in which all Bookings are registered with the help of the reservation system. If the Venue Host abuses the Spacialties platform the Venue Host can be denied the use thereof and a registration can be cancelled and the Venue Host’s account can be removed.

 

3 BOOKING

3.1 If a User places a Booking for the use of a Space via the Spacialties platform, the User enters into an agreement with the Venue Host who offers the Space. Spacialties is not a party to this agreement. Spacialties matches supply and demand, offers the Venue Host a digital reservation system and takes care of the transaction. The Venue Host is responsible for the correct execution of the Booking. The User is responsible for the provision of the correct details relating to the Booking. The Venue Host is responsible for the correct details relating to the Space and other facilities belonging to the Space.

3.2 If the actual use of the Space by the User exceeds the Booking, including in any event the exceeding of the agreed duration and the purchase of additional services or products, the Venue Host will immediately, as soon as possible but in any event within 24 hours after the use of the Space, add such services and products to the Booking. The Venue Host must observe the requisite care in this respect. 24 hours after the use of the Space the content and scope of the Booking is definite.

 

4 RATES AND AVAILABILITY

4.1 The Venue Host will set out the relevant rates for every Space that is offered (including additional services and products) via the Spacialties platform. The Venue Owner is responsible for the accuracy of the specified rates. The Venue Host must itself keep information relating to its business and its Space, such as rates and availability, but also descriptions, facilities, illustrations and other information up-to-date at all times.

4.2 All rates must be represented exclusive of VAT, unless otherwise agreed.

4.3 A change in the rates or availability of Spaces may not have any influence on bookings already made.

4.4 The Venue Host is not permitted to offer the Spaces that are offered via the Spacialties platform on other websites on the internet or via any other medium at a lower rate than on the Spacialties platform.

 

5 PAYMENT 5.1

Users can pay for Bookings directly with the payment methods offered on the Spacialties platform. Payment on an invoice basis is only possible after receiving Spacialties explicit consent.

5.2 If the actual use of the Space exceeds the Booking, including in any event the exceeding of the agreed duration and the purchase of additional services or products, Spacialties will invoice these costs afterwards. The Venue Host is not itself permitted to charge these additional services and products to the User.

5.3 At the start of every month Spacialties will send the Venue Host a specification of all Bookings of the preceding month. This will in any event include the financial details relating to the Bookings, Bookings already made by Users, outstanding receivables of the Venue Owner, credit invoices for the Venue Owner and the commission that the Venue Owner owes Spacialties with regard to the Bookings.

5.4 If the User has performed its payment obligations to Spacialties with regard to a Booking, this amount, minus the commission owed by the Venue Host to Spacialties, will be included in a credit invoice for the Venue Host. Spacialties will pay this credit invoice within 30 days on the account number specified by the Venue Host.

 

6 DISCOUNT CODES 6.1 When placing their order Users can make use of individual discount codes which have been provided by Spacialties or the Venue Host. In principle discount codes cannot be used in combination with other discount actions or promotions. In the event the Venue Host wishes to provide discount codes itself, separate agreements must be made with Spacialties in this respect.

 

7 CHANGE AND CANCELLATION

7.1 Up to at latest 24 hours before the start of the Booking a User can change or cancel the Booking free of charge. In the event of a change or cancellation within 24 hours before the start of the Booking, the entire amount of the Booking will be charged and the User is obliged to pay this amount.

7.2 The User will specify changes or cancellations in their account that are visible for the Venue Host in the platform.

 

8 VENUE OWNER’S HOUSERULES

8.1 If house rules or codes of conduct apply with regard to Space(s) of the Venue Host, these must be announced to the User prior to the actual Booking by means of sending via the email address specified by the User, or by means of presentation of a physical copy, or notification before the start of the actual Booking.

 

9 COMPLAINTS AND DISPUTES

9.1 If a User does not agree with the execution of the Booking by the Venue Host, the User must in the first instance approach the Venue Host. If so requested in the event of a dispute Spacialties can act as mediator. Spacialties will in such case endeavour to resolve the dispute. Spacialties reserves the right in the worst case to repay the User the amount the User has paid for a Booking, without the Venue Host being owed any payment.

 

10 TERMINATION

10.1 Spacialties has the right to terminate the Agreement with the Venue Host and to terminate the access to the Spacialties platform if the Venue Host: (a) petitions for bankruptcy or is declared bankrupt; (b) applies for or is granted a moratorium on payment; (c) sells or liquidates its business; (d) de facto stops doing business or participating in illegal transactions, or threatens to do such; or (e) acts in contravention of one or more provisions of the Agreement with Spacialties or these Venue Owners Conditions

10.2 This termination does not detract from Spacialties ‘ other rights, such as the right to compensation of any loss.

 

11 LIABILITY

11.1 The liability of Spacialties (including the group companies belonging to Spacialties and its employees and officers) is limited as follows (subject to intent and gross negligence):

11.1.1 Spacialties is not liable for any shortcoming or loss which is the result of the fact that the Venue Host’s Space does not satisfy the specifications which were agreed in advance or does not satisfy (technical or spatial) requirements which were set in advance or that certain necessary materials or products are not present;

11.1.2 Spacialties is not liable for any shortcoming or loss which is the result of incorrect instructions of the User or any incorrect presentation of data by the User, the Venue Host or a third party;

11.1.3 Spacialties is not liable for any shortcoming in the performance of an obligation with regard to a User or Venue Host, in so far as such is the result of force majeure, such as but not limited to: unforeseen hardware or software defects, power or internet disruptions, fire, lightning, explosions, disruptions, floods, industrial conflicts, exceptional weather conditions, war or acts of local authorities;

11.1.4 Spacialties is not liable for any indirect loss, reputation damage or consequential loss; and

11.1.5 in so far as Spacialties is liable therefore, its liability is limited to (a) the amount that is paid out to Spacialties under its liability insurance, or, if lower (b) the total amount of the Booking to which the liability relates. 11.2 Spacialties tries to make the Spacialties platform available 24 hours a day. Spacialties does not guarantee, however, that the Spacialties platform is continually available and/or functions completely. In addition, Spacialties explicitly does not guarantee that the servers/systems on which the Spacialties platform is made available, is always (fully) free of viruses, disruptions and/or other harmful elements. Spacialties excludes any liability which is connected herewith or which is the result hereof.

11.3 Spacialties cannot guarantee that inventory, such as desks and desk chairs, of a Space at a Venue Host’s meets the requirements set pursuant to the Occupational Health and Safety regulations. Spacialties is not liable for any loss ensuing herefrom. A User can ask of a Venue Host per Space whether the inventory satisfies the Occupational Health and Safety requirements. The Venue Host must adequately handle such a request.

11.4 The Venue Owner indemnifies Spacialties against all loss suffered by the User, or by any other person who makes use of that Space during the period of the Booking.

 

12 PRIVACY AND PERSONAL DATA

12.1 The Venue Host must treat the personal details made available to it via the Spacialties platform with due care. The Venue Host will enter into a ‘Data Processing Agreement’ with Spacialties with regard to the processing of personal data, in which additional rules are set regarding the use of such data. The Data Processing Agreement is enclosed as Annex 2.

12.2 For personal data that is collected, processed and imported into the platform by the Venue Host, Venue Host is regarded as responsible within the meaning of the Personal Data Protection Act (Wet Bescherming Persoonsgegevens). These data can be used by Spacialties for commercial purposes. Venue Host needs to ensure that the parties involved (1) are properly informed about the use of the data, and (2) grant permission for the use of this data by Spacialties

13 INTELLECTUAL PROPERTY 13.1 The intellectual property of and copyright in all information, descriptions and illustrations which the Venue Host and/or Spacialties have placed on the Spacialties platform, lies with Spacialties or it has been granted a licence therefore by third parties. It is therefore not permitted without Spacialties ‘ written consent to reproduce, reuse, publish or distribute texts or parts thereof, illustrations or other information of the Spacialties platform.

13.2 The Venue Host grants Spacialties a non-exclusive, transferrable, royalty-free, worldwide licence to use all details relating to the Space(s), such as photos and descriptions in connection with the Spacialties platform. This licence ends when the Venue Host’s account is removed.

14 DISCLAIMER 14.1 Information which you find on the Spacialties platform, such as information on availability, rates, descriptions, facilities and illustrations of the Space(s) of a Venue Host, has been compiled with the greatest possible care. It is nevertheless possible that the information that is published on the Spacialties platform is incomplete and/or incorrect or contains typographical errors. Spacialties does not check information such as illustrations, facilities and descriptions of Space(s) which a Venue Host places. Spacialties does not guarantee the accuracy and completeness of the information placed on the Spacialties platform regarding the participating Space (s) and the Venue Host and does not accept any liability for the consequences of inaccuracy and incompleteness.

 

15 FULL AGREEMENT

15.1 These Venue Host Conditions together with all other documents to which these Venue Owners Conditions refer, constitute the full agreement Spacialties and the Venue Host and contain all terms as made between the parties with regard to (the use of) the Spacialties platform.

 

16 APPLICABLE LAW

16.1 These Venue Host Conditions and the use of the Spacialties platform are governed by Dutch law. All disputes ensuing herefrom will exclusively be brought before the court in Amsterdam.

ANNEX 1 The “Commercial Terms”.

ANNEX 2 The “Venue Processing Agreement”.).

 

 

GENERAL CONDITIONS FOR USERS
Spacialties B.V.

These General Conditions have been drawn up by Spacialties B.V. (“Spacialties”), having its registered office at Herengracht 182, 1016 BR in Amsterdam and registered in the Chamber of Commerce under number 62979388. The General Conditions relate to the use of the Spacialties online platform (”Spacialties platform”), which includes the Spacialties website (www.spacialties.com, the “Website”), the Spacialties widget, the Spacialties mobile application and all other applications with which the Spacialties platform can be used (the “Spacialties portals”). Read through the General Conditions carefully before you register with, and make use of the Spacialties platform. The General Conditions can at all times be consulted on the Website. Spacialties reserves the right to alter these General Conditions from time to time. By using (or continuing to make use of) the Spacialties portals you agree with the most recent version of the General Conditions. The applicability of any purchasing or other conditions of the User is explicitly rejected.

1 DEFINITIONS 1.1 In these General Conditions the following terms have the meaning set out behind the terms: – Spacialties: the business which runs the Spacialties platform. – Spacialties platform: the online service offered by Spacialties, with which Users and Lessors are brought together to offer, look for, find and book a Space. – Spacialties portals: the website www.spacialties.com, the Spacialties widget, the Spacialties mobile applications and all other applications which are offered by Spacialties, with which the Spacialties platform can be used. – Spacialties widget: an application developed by Spacialties which is offered on the website of a third party, with which Users can add Bookings to the Spacialties platform. – Venue Host: a third party which offers (a) Space(s) via the Spacialties platform, which Space(s) can be booked by a User. – User: a natural person acting in the course of a profession or business, which makes use of the Spacialties platform to book a Space. – Space: an event space, a pop-up space, or a workplace (including the entirety of a table and a chair, conference rooms and other rooms and other facilities, services and products) which is offered by a Lessor and which can be booked by a User. – Booking: the registration of the (intended) use of a Space by a User.

2 REGISTRATION 2.1 In order to make use of the Spacialties s platform you must register one time by creating an ‘account’. You guarantee that the details that you provide on the dedicated registration area are correct. If you register on behalf of a legal person, you guarantee that you are authorised to carry out this action and to enter into agreements with third parties on behalf of this legal person. After registration you will have an account in which all Bookings are registered. If you abuse the Spacialties platform you can be denied the use thereof and a registration can be cancelled and your account can be removed.

3 BOOKING 3.1 If you place a Booking via the Spacialties platform for the use of a Space you are entering into an agreement with the Venue Host who offers the Space. Spacialties is not a party to this agreement. Spacialties matches supply and demand, offers the Venue Host a digital reservation system and takes care of the transaction. The Venue Host is responsible for the correct execution of the Booking. You are responsible for supplying the correct details with regard to the Booking. 3.2 In your account you can consult and if necessary change the Bookings you have made. 3.3 If your actual use of the Space exceeds the Booking, which in any event includes the exceeding of the agreed duration and the purchase of additional services or products, these services and products will immediately, as soon as possible but in any event within 24 hours after the use of the Space, be added to you Booking by the Lessor and will be subsequently invoiced in conformity with clause 5.2 . [You will receive a notification.] In your account you must subsequently check the services and products added to the Booking as to accuracy. 24 hours after the use of the Space the content and scope of the Booking is definite.

4 RATES AND AVAILABILITY 4.1 The Venue Host will specify the relevant rates via the Spacialties platform for every Space which is offered (including additional services and products). The rates are dependent on availability, time and type of Space. The Venue Host is responsible for the accuracy of the specified rates. 4.2 All rates are set out exclusive of VAT, unless otherwise indicated.

5 PAYMENTS 5.1 You can settle your Bookings directly with the payment platform (iDeal, credit card) offered on the Spacialties platform. Payment on an invoice basis is only possible after explicit agreement from Spacialties. 5.2 If your actual use of the Space exceeds the Booking, which in any event includes exceeding the agreed duration and the purchase of additional services or products, these costs will be passed on to you and invoiced afterwards. 5.3 All invoices must be paid within 10 days after the issue date. Objections to the amount of the invoice do not suspend the payment obligations. If you do not pay within that term you are legally in default. You will then owe interest of 5% per month, unless the statutory commercial interest is higher, in which case the statutory interest applies. The interest on the due amount will be calculated as of the time that you are in default up to the time of payment of the full amount. If you are in default, all reasonable costs to obtain extrajudicial payment will be at your expense and you will forfeit an immediately due penalty of 15% over the amount still owing with a minimum of EUR 50. 5.4 Any reasonable judicial and enforcement costs made are also at your expense. You will owe collection costs over the interest. 5.5 In the event of liquidation, bankruptcy, attachment or moratorium on payment of the user the claims are immediately due.

6 DISCOUNT CODES 6.1 When booking, you can made use of individual discount codes that have been provided to you by Spacialties or the Venue Host. In principle discount codes cannot be used in combination with other discount actions or promotions. If discount codes are abused Spacialties is entitled to cancel discount codes and to cancel Bookings.

7 CHANGE AND CANCELLATION 7.1 You can change or cancel the Booking free of charge at latest up to 24 hours before the start of the Booking. In the event of a change or cancellation within 24 hours before the start of the Booking, the entire amount of the Booking will be charged and the User is obliged to pay this amount. 7.2 A change or cancellation of a Booking must be passed on via your account. The sending of an email does not constitute a valid change of cancellation. 7.3 If a Booking that has already been paid has been changed or cancelled in time and you are entitled to restitution, the excess amount paid by Spacialties will be repaid.

8 LESSOR’S HOUSE RULES 8.1 You must comply with the house rules or code of conduct as these apply with regard to the relevant Space of the Venue Host. You are bound to follow the instructions given by the Lessor.

9 COMPLAINTS AND DISPUTES 9.1 If you have a complaint about the Spacialties platform, Spacialties would be glad to hear it so we can help to resolve it. Send your complaint (described as completely as possible) to info@spacialties.com. If you have a complaint with regard to descriptions, facilities or illustrations of Lessors or a Space, you can report it by email. Spacialties will endeavour to take action in connection with a valid complaint. 9.2 If you do not agree with the execution of the Booking by the Venue Host you must in the first instance turn to the Lessor with whom you have an agreement. Upon request Spacialties can act as a mediator in the event of a dispute. Spacialties will in such case endeavour to resolve the dispute. You can contact Spacialties via the telephone number or the email address set out on the Website.

10 LIABILITY 10.1 The liability of Spacialties (including the group companies belonging to Spacialties and its employees and officers) is limited as follows (subject to intent and gross negligence): 10.1.1 Spacialties is not liable for any shortcoming or loss which is the result of the fact that the Lessor’s Space does not satisfy the specifications which were agreed in advance or does not satisfy (technical or spatial) requirements which were set in advance or that certain necessary materials or products are not present; 10.1.2 Spacialties is not liable for any shortcoming or loss which is the result of incorrect instructions of the User, incorrect input by the User in making a Booking or any incorrect presentation of data by the User, the Lessor or a third party; 10.1.3 Spacialties is not liable for any shortcoming in the performance of an obligation with regard to a User or Venue Host, in so far as such is the result of force majeure, such as but not limited to: unforeseen hardware or software defects, power or internet disruptions, fire, lightning, explosions, disruptions, floods, industrial conflicts, exceptional weather conditions, war or acts of local authorities; 10.1.4 Spacialties is not liable for any indirect loss, reputation damage or consequential loss; and 10.1.5 in so far as Spacialties is liable therefore, its liability is limited to (a) the amount that is paid out to Spacialties under its liability insurance, or, if lower (b) the total amount of the Booking to which the liability relates. 10.1.6 Spacialties cannot guarantee that inventory, such as desks and desk chairs, of a Space at a Venue Host meets the requirements set pursuant to the Occupational Health and Safety regulations. Spacialties is not liable for any loss ensuing herefrom. You can ask of a Venue Host per Space whether the inventory satisfies the Occupational Health and Safety requirements. 10.2 The User indemnifies Spacialties against all loss which the User causes to the Space, inventory or building of the Lessor by the persons who make use of the Space during the period of the Booking.

11 PRIVACY AND PERSONAL DATA 11.1 Spacialties respects your privacy and the privacy of all its Users and will treat the personal data that are made available to it via the Spacialties platform very carefully. For more information on how Spacialties deals with your data, see the Spacialties Privacy Statement that can be consulted [@here].

12 INTELLECTUAL PROPERTY 12.1 The intellectual property of and copyright in all information, descriptions and illustrations which the Lessor and/or Spacialties have placed on the Spacialties platform, lies with Spacialties or it has been granted a licence therefore by third parties. It is therefore not permitted without Spacialties’ written consent to reproduce, reuse, publish or distribute texts or parts thereof, illustrations or other information of the Spacialties platform.

13 DISCLAIMER 13.1 Spacialties s does not check information such as illustrations, facilities and descriptions of Space that a Venue Host places. Other information that you find on the Spacialties platform has been compiled with the greatest possible case. It is nevertheless possible that the information that is published on the Spacialties platform is incomplete and/or incorrect or contains typographical errors. Spacialties therefore does not guarantee the accuracy and completeness of the information offered on the Spacialties platform regarding the participating Space and Venue Host(s) and does not accept any liability for the consequences of inaccuracy and incompleteness.

14 APPLICABLE LAW 14.1 These General Conditions and the use of the Spacialties platform are governed by Dutch law. All disputes ensuing herefrom will exclusively be brought before the court in Amsterdam.