AGB - BadenCampus

GTC - General Terms and Conditions of BadenCampus GmbH & Co. KG (BadenCampus)

Consulting and coaching

Status: 11.12.2023

§ 1 Areas of application

These General Terms and Conditions apply to all contracts between BadenCampus GmbH & Co. KG (hereinafter referred to as "BadenCampus" or "Contractor") and the respective companies (Section 14 of the German Civil Code (BGB)), legal entities under public law or special funds under public law (hereinafter referred to as "Client").
Insofar as individual contractual agreements have also been made between the contracting parties, these shall take precedence over the provisions of these General Terms and Conditions.

§ 2 Scope of services

BadenCampus owes the provision of services, not the production of a work or the achievement of a specific result, unless otherwise agreed with the client. This shall also apply if written records of the results of the service are made or reports, studies etc. are prepared and handed over. Unless expressly agreed otherwise, these records, reports, studies and the like do not constitute expert opinions, but only reflect the essential content of the process and the result of the services. BadenCampus does not check the information provided by the client for accuracy and completeness.
BadenCampus is entitled to use suitable third parties as subcontractors to carry out the order. BadenCampus does not provide legal advice, tax advice or services belonging to the activities of auditors. Insofar as BadenCampus engages third parties for the provision of such services, it acts at most as an intermediary without itself becoming a contractual partner.
If the client or BadenCampus engages third parties who are not subcontractors of BadenCampus at the client's request, BadenCampus shall not be obliged to check the written or verbal information, data or documents provided to these third parties for their factual or mathematical accuracy and completeness. However, if BadenCampus recognizes that the information, data or documents provided to it in writing or verbally are obviously incorrect or incomplete, it shall inform the client accordingly.

§ 3 Service content and service modules

The Contractor offers to support the Client with consulting or coaching in the further development of its organization, its product/service portfolio, its financing or offers guidance in the increasingly complex world of work caused by technological change. The exact subject matter of the contract is agreed individually between the client and the contractor.
The client can book the service modules offered by BadenCampus individually or in combination with other services offered by BadenCampus. This requires the conclusion of a corresponding individual agreement with BadenCampus, in which the content and scope of the respective consulting service for the module is regulated.
In this respect, the respective general terms and conditions of the services used in addition to the service modules, which are handed over to the client separately, apply.

§ 4 Working hours and place of work, force majeure

Service dates are based on the agreements made in individual cases.
If the Contractor is unable to meet the agreed performance date for reasons unforeseeable at the time of conclusion of the contract, such as operational disruptions, strike, lockout, energy supply difficulties, delayed or non-delivery by the Contractor for which the Contractor is not responsible, the Contractor shall inform the Client immediately. In such a case, the client is not entitled to withdraw from the contract.
However, if it is not foreseeable that the Contractor will be able to perform within a reasonable period of time, but at the latest within four months, the Contractor and the Client may terminate the contract. The same shall apply if the reasons for the impediment still exist after four months have elapsed since the Contractor's notification. If the reasons for the impediment were already recognizable to the Contractor when the contract was concluded, the Contractor shall not be entitled to terminate the contract.

§ 5 Retention of documents

BadenCampus shall retain the documents provided to it by the client for the purpose of providing the services owed in accordance with the statutory requirements and without specification for three years, in each case from the end of the contractual relationship or the end of the order.

§ 6 Duty to cooperate

The client is obliged to support BadenCampus to the best of its ability, in particular to provide all information and documents required for the execution of the order in a timely manner and to create all conditions necessary for the proper execution of the order in its sphere of operation.
The client is obliged to name at least one person who is authorized to make all declarations necessary for the provision of the service owed on behalf of the client.

§ 7 Data protection, data transmission

The client agrees that the exchange of data and information in the collaboration with the client and with all project participants may also take place via unencrypted e-mails. If the client does not wish data to be sent via unencrypted e-mails and e-mail attachments, it shall inform the contractor of this in writing - either in individual cases or in general. In this case, e-mail attachments will be sent in encrypted form, which the client can only open with a password. If encryption is required, encryption and decryption methods that can be used with standard software (in particular MS Office, Apple Mail, Google Mail) without additional installations must be used both for sending data from the Client to the Contractor and vice versa.
The client undertakes to comply with all data protection regulations.
If consulting or coaching is provided as part of a funding project, the client agrees that the name, contact details and, if applicable, the position title of a contact person in the company may be shared with the funding provider (e.g. EU or Ministry of Economics, Labor and Tourism).
In addition, in connection with the handling of the Client's data, the Contractor refers to the Contractor's data protection information, available at https://badencampus.de/en/badencampus/datenschutz/.

§ 8 Rights to the work results

BadenCampus shall be exclusively entitled to all copyrights or rights arising from supplementary protection under competition law to all documents created by BadenCampus for the purpose of providing the services owed.
The client is only permitted to use, reproduce and publish such documents created by BadenCampus for the purpose of providing the services owed for its own operations for the contractually stipulated purposes.
The client requires the written consent of BadenCampus to pass on the work results of BadenCampus to third parties, unless the consent to pass them on is already evident from the content of the order.
Deviating agreements are permissible.

§ 9 Right of retention

BadenCampus shall have a right of retention to the documents handed over to it by the client for the purpose of providing the services owed until its claims arising from the contractual relationship have been satisfied in full. This right of retention shall not exist if and insofar as the client would suffer a disproportionate disadvantage as a result, even taking into account BadenCampus's interest in performance.

§ 10 Remuneration

The contractually agreed remuneration shall apply in accordance with the price sheet in the offer. Unless otherwise stipulated in the contract, payments are due within 14 days of invoicing. The date of receipt by the Contractor shall be decisive for the date of payment. From the date of default, the Contractor shall be entitled to default interest at a rate of 9% above the prime rate. The right to claim further damages remains unaffected.
All amounts to be paid are subject to statutory value added tax at the applicable rate.
Reasonable and customary external costs that become necessary for the provision of the respective service, such as separately commissioned experts, expenses, travel costs and out-of-pocket expenses (if possible, public transportation, second class) shall be reimbursed to the Contractor separately upon presentation of corresponding receipts.
If the provision of services extends over a longer period of time, the Contractor may invoice the Client for partial payments for the partial services already provided. These partial services do not have to be available in a form that can be used by the Client and may also be available to the Contractor purely as a working basis.
If the Client is in default of payment, the Contractor may declare its total claim due immediately. In the aforementioned cases, the Contractor shall continue to be entitled to make the processing of all orders of the Client dependent on advance payment or the provision of security. § Section 321 BGB shall otherwise remain unaffected.
Offsetting against counterclaims of the Client or the withholding of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established or are in a reciprocal relationship with the claims of the Contractor.

§ 11 Liability

BadenCampus shall be liable for culpable breach of material contractual obligations in accordance with the statutory provisions. Essential contractual obligations are obligations that characterize the typical purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely. Insofar as BadenCampus is not guilty of gross negligence or willful misconduct, BadenCampus shall only be liable for typically occurring, foreseeable damages. BadenCampus shall be liable in all other cases if damage has been caused intentionally or through gross negligence by a legal representative or vicarious agent of BadenCampus. BadenCampus shall, however, be liable for damages resulting from culpable injury to life, body and health as well as in the event of the assumption of a guarantee in accordance with the statutory provisions. Otherwise, claims for damages arising from breaches of duty against BadenCampus are excluded. Liability for the success or achievement of specific objectives of the client is generally excluded, unless expressly agreed otherwise in writing.

§ 12 Termination of the contractual relationship

Unless otherwise agreed, the contractual relationship may be terminated by either party with 14 days' notice to the end of the month. Any termination must be in writing to be effective, whereby text form shall suffice. If the term of the individual contract/module booking extends beyond the termination of the consultancy contract, the termination of the consultancy contract shall not terminate the term of the individual contract/module booking. The individual contract/module booking shall only end at the end of the term stipulated therein.

§ 13 Designation as reference partner

The Contractor is entitled to name the Client as a reference on its homepage or other advertising and information material about the Contractor with the company name and logo. For this purpose, the Client shall provide the Contractor with the necessary information (company logo) and grant the Contractor the corresponding rights. This consent may always be revoked in whole or in part by the Contractor, whereby irreversible measures (commissioning of advertising material, etc.) remain unaffected by this upon receipt of the revocation.

§ 14 Final provisions

All claims arising from or in connection with this contractual relationship shall be governed exclusively by German law.
The place of jurisdiction is Freiburg im Breisgau.

Business data

BadenCampus GmbH & Co. KG
Bahnhofstr. 35 a
79206 Breisach

Management: BadenCampus Verwaltungs-GmbH, represented by Dr. Thomas Scheuerle

Office address: Bahnhofstr. 35A, 79206 Breisach
Telephone: 07667/2070023
E-mail: info@badencampus.de

Room rental and events

Status: 14.08. 2023

§ 1 Scope of application

These terms and conditions apply to contracts for the rental of rooms and facilities for the holding of events such as seminars, meetings, conferences, exhibitions and presentations etc. as well as the deliveries and services provided by BadenCampus in this context to companies (Section 14 BGB), legal entities under public law or special funds under public law (hereinafter: "Organizer").
The General Terms and Conditions of the organizer shall only apply if this has been confirmed in writing in advance by BadenCampus.

§ 2 Reservation, booking, conclusion of contract

The contractual partners are BadenCampus and the organizer.
In the case of a reservation request via the website, the reservation is made as follows: The organizer's reservation request constitutes an offer to make a reservation. The offer is only accepted when the organizer receives a reservation confirmation by email. After acceptance of the reservation offer, the reservation is valid for seven days, i.e. if no contract for a binding booking within the meaning of Section 2 (5) of these Terms and Conditions is concluded during this period, the reservation expires.
In the case of a telephone reservation request, the reservation is made when BadenCampus confirms the organizer's request by telephone.
Reservations of event rooms and services will only be granted by BadenCampus if the organizer's full contact details (surname, first name, telephone number, e-mail address, address, company) are provided.
In the event of a binding booking, BadenCampus will prepare a corresponding offer, which the organizer accepts by sending the signed contract confirmation by post or email, or by sending a confirmation email. Subsequent verbal side agreements or subsequent changes are only binding if BadenCampus confirms them in text form.
When booking events, the organizer is responsible for the event and does not act on behalf of a third party. Subletting is excluded.
The event contract shall also be deemed to have been concluded as soon as ordered services for which a written confirmation was no longer possible due to time constraints have already been provided.

§ 3 Services and prices

Booked rooms, event areas and facilities, including furniture/seating and standard presentation and event technology, shall be available to the organizer for the duration of the booked event period. Longer set-up and dismantling times, i.e. set-up and dismantling times of two hours, must be announced to BadenCampus in text form at least fifteen working days before the date of the respective event. BadenCampus reserves the right to charge extra for set-up and dismantling times of more than two hours in accordance with the price sheet valid at that time. However, the basic cleaning of the event rooms and the disposal of the usual waste from the event are included in the booking price.
Any extension of the use of these rooms and facilities requires prior agreement with BadenCampus in text form.
BadenCampus reserves the right to provide rooms other than those booked if this is necessary for organizational reasons. These rooms must be of equal or better quality than those booked. In the event of a room change, this must not be to the disadvantage of the organizer.
A room rental fee or price package is charged for the event period. The calculation is based on the BadenCampus price sheet valid at the time of booking, unless the contracting parties reach an individual agreement.
Authorized representatives of BadenCampus have access to all parts of the rental property at all times during the entire duration of the event.

§ 4 Catering and service

The organizer and its guests may not bring their own food and drinks to events. Exceptions to this rule require express written agreement.
The catering services ordered by the organizer from BadenCampus at BadenCampus are provided exclusively by selected catering contract partners of BadenCampus.
Catering by the organizer's own catering contract partners is possible, but this requires a written agreement between the organizer and BadenCampus.

§ 5 Technical facilities and connections

An internet connection, a projector or an appropriately sized screen, a flipchart and a metaplan wall with standard presentation materials are available to the organizer free of charge. Additional equipment must be agreed in writing.
The use of the organizer's own electrical equipment or that of its participants is permitted for corresponding activities. The organizer is responsible for any malfunctions or damage to the technical equipment of the BadenCampus resulting from the use of this equipment, insofar as the organizer is responsible for this. The organizer must remove any equipment brought onto the premises within two hours of the end of the event.

§ 6 Payment modalities and cancellation conditions

Services invoiced to the organizer are payable within 14 days without deduction.
Costs, which depend on the number of participants, are generally calculated in advance according to the organizer's specifications and set out in a written offer. The calculation basis for the final invoice is the number of participants that BadenCampus receives from the organizer 5 working days before the start of the event. Costs for additional participants are extrapolated on a linear basis. Participant reductions can no longer be taken into account after this deadline.
If the order for rooms, areas, catering and any other services is canceled by the organizer, the following cancellation fees will be charged:
- Up to 6 weeks before the event / no costs
- 4 to 6 weeks before the event / 30% of the agreed room rental fee
- 2 to 4 weeks before the event / 50% of the agreed total costs
- 2 to 13 days before the event / 70% of the agreed total costs
- Less than 48 hours before the event / 80% of the agreed total costs
BadenCampus reserves the right to claim demonstrably higher damages. Any cancellation fee paid shall be offset against such higher damages. The organizer reserves the right to prove that BadenCampus has incurred no or only minor damages.

§ 7 Loss or damage

Any exhibits or other (including personal) items brought into the event rooms or building are at the organizer's own risk. BadenCampus accepts no liability for loss or damage unless BadenCampus is responsible for this.
BadenCampus accepts no liability for the checkroom.

§ 8 Liability of the organizer

The organizer is liable for damage to the equipment or inventory in the rooms and areas of the BadenCampus, unless the organizer is not at fault in this respect. The organizer declares that he has appropriate liability insurance. He undertakes to notify BadenCampus immediately of any damage caused by him to the objects of use.
The organizer may be issued with admission tickets for the building. The organizer shall be liable for any loss culpably caused by the organizer.
At the end of the event, at the latest at the end of the rental period, the lessee must return the rental objects handed over to him exclusively for the period of the event.

§ 9 Liability of BadenCampus

BadenCampus shall be liable for culpable breach of material contractual obligations in accordance with the statutory provisions. Essential contractual obligations are obligations that characterize the typical purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely. Insofar as BadenCampus is not guilty of gross negligence or willful misconduct, BadenCampus shall only be liable for typically occurring, foreseeable damages.
In all other cases, BadenCampus shall be liable if damage has been caused intentionally or through gross negligence by a legal representative or vicarious agent of BadenCampus. BadenCampus shall be liable in accordance with the statutory provisions if a guarantee is assumed and for damages resulting from injury to life, limb or health. Otherwise, claims for damages arising from breaches of duty against us are excluded.

§ 10 Final provisions

The law of the Federal Republic of Germany shall apply exclusively to the legal relationships in connection with the contract.
The place of jurisdiction for all legal disputes in connection with this contract shall be determined by the registered office of BadenCampus. BadenCampus is also entitled to take legal action at the general place of jurisdiction of the organizer.

Business data

BadenCampus GmbH & Co. KG
Bahnhofstr. 35 a
79206 Breisach

Management: BadenCampus Verwaltungs-GmbH, represented by Dr. Thomas Scheuerle

Office address: Bahnhofstr. 35A, 79206 Breisach
Telephone: 07667/2070023
E-mail: info@badencampus.de

Co-Working

Status: 14.08. 2023

§ 1 General

All services provided by BadenCampus GmbH & Co KG (hereinafter referred to as BadenCampus) to users or contractual partners are subject exclusively to the following General Terms and Conditions (GTC). The validity of deviating general terms and conditions of the user is rejected unless BadenCampus expressly agrees to their validity in writing prior to conclusion of the contract.
The office workstations are equipped with: Table, chair, electricity, Internet connection via hotspot and shared use of technical equipment.
The workstations may only be used by the user for the purpose specified in the contract. Any change of purpose requires the express prior written consent of BadenCampus. Any culpable breach of this provision shall entitle BadenCampus to terminate the contract without notice. Further legal or contractual claims of BadenCampus based on the user's breach remain unaffected by this.

§ 2 Service description

The subject of the offers and services of BadenCampus is the provision of office space including office logistics such as the provision of meeting and event rooms in accordance with the scope of the offer in the list of prices and services.
In addition to Section 2.1, BadenCampus offers the user the use of the "Bistro", which contains standard kitchen equipment. The use of the "Bistro", including the equipment contained therein, is subject to instruction by BadenCampus staff and is at the user's own risk.
BadenCampus offers the use of technical office equipment and the coffee machine in the form of a "fair-use flat rate". This includes the use of the aforementioned components to a reasonable extent. The assessment of the proportionality of use is at the discretion of BadenCampus.

§ 3 Basic packages

The packages currently on offer can be found in the price and service list.
Holders of day tickets and users who only use the meeting and event room facilities are "external users".
The packages are generally offered on a personal basis; all rights of use to the premises and other facilities of the BadenCampus are therefore non-transferable.

§ 4 Access conditions

The general opening hours are weekdays (Mon. - Fri.) from 9:00 to 18:00. The annual closing times according to § 12 para. 3 remain unaffected.
Access to the co-working space depends on the type of contract concluded in accordance with Section I of the price list.

§ 5 Conclusion of contract

The contract is concluded by the signature of the user and BadenCampus on the usage and transfer contract. The month in which the contract is concluded shall be treated in accordance with 8.4, after which all invoicing shall be based on the full calendar month.
By registering, the user warrants that the data provided is complete and truthful. The user undertakes to report any changes to his personal data without delay.
The user is not entitled to conclude a contract. BadenCampus is free to reject any offer from a user to conclude a contract without giving reasons. Once a contract of use and transfer has been concluded, it does not constitute a right to conclude a further contract of use and transfer.

§ 6 Prices

All BadenCampus prices are net prices plus the applicable statutory VAT.
The current prices can be found in the list of prices and services.

§ 7 Deposit

The amount of the deposit is based on the list of prices and services.
The deposit will be debited by direct debit with the first invoice.

§ 8 Invoicing

Invoicing for the packages in accordance with Sections I and III of the List of Prices and Services and the additional services in accordance with Section II of the List of Prices and Services shall take place by the 15th of the respective month of use. The first invoice for a new contractual relationship shall be issued at the end of the month in which the contract is concluded. The invoice for the usage-dependent services in accordance with the list of prices and services for a month shall be issued by the 15th of the following month.
Invoices are sent by e-mail to the e-mail address provided on the usage and license agreement.
If the contractual relationship does not begin on the first day of the month, the basic prices and additional services for the first month are calculated on a pro rata basis in the ratio of the remaining days of the month to the number of days in the entire month. If the contractual relationship does not begin on the first day of the month and the user uses a part-time option, the days included in the package are calculated by multiplying the days of use for a full month by the ratio of the remaining days of the month to the number of days in the entire month. The number of days is rounded up.
Billing for the use of technical equipment is carried out via accounting software. If the user raises objections, BadenCampus will send a corresponding system excerpt.
Invoicing for the use of meeting and event rooms by internal users is based on the booking receipts. Cancellation of bookings is governed by Section IV of the List of Prices and Services.

§ 9 Payment modalities

The user authorizes BadenCampus to collect the agreed fee by direct debit. The customer may revoke the direct debit authorization at any time and without giving reasons. Bank charges and processing costs incurred by BadenCampus as a result of non-payment of a direct debit, an objection or non-payment shall be borne by the user.
Bookings of meeting or event rooms by external users are payable by invoice or direct debit.
Daily or weekly tickets for external users are payable by direct debit.

§ 10 Data protection

BadenCampus will comply with the applicable regulations on data protection in accordance with the General Data Protection Regulation and the Federal Data Protection Act as well as the other applicable legal regulations on data protection.
The user agrees that his personal data required for the execution of the contract may be stored on data carriers. All data will be treated confidentially by BadenCampus.
Should a user gain knowledge of confidential information or business secrets of other users, the user is obliged to maintain confidentiality, unless this is contrary to the law. A culpable breach of this provision entitles BadenCampus to terminate the contract without notice. Further legal or contractual claims of BadenCampus based on the user's breach shall remain unaffected by this. In addition, BadenCampus refers to the BadenCampus data protection information, available at https://badencampus.de/en/badencampus/datenschutz/, in connection with the handling of the respective user's data.

§ 11 Terminations

Both contracting parties may terminate the contract by giving one month's notice to the end of a calendar month.
The user may terminate the additional services listed in Section II of the List of Prices and Services by giving one week's notice to the end of a calendar month.
Either party may terminate the contractual relationship with immediate effect without observing a notice period if there is a reason for extraordinary termination. BadenCampus shall in particular be entitled to terminate the contract without notice for good cause if the user is in arrears with the payment of the fee or a not insignificant part of the fee for two consecutive dates. Further statutory termination and withdrawal rights of BadenCampus and the user remain unaffected by this.
All notices of termination must be in text form.

§ 12 Contract implementation

1. the user confirms that he/she will not use the services and infrastructure of BadenCampus for any of the activities listed below:

a. Any unlawful activity, in particular:
- Activities that are contrary to the personal rights and the protection of privacy of private and legal persons, for example defamation, abuse, harassment or stalking;
- Dissemination of unlawful materials such as immoral or offensive material within or via the infrastructure provided by BadenCampus;
- Distribution or provision of data, in particular images, photographs, films or software that are subject to the applicable laws for the protection of intellectual property, unless the user is the rights holder or has the authorization to distribute them;
- distribution of malware such as viruses, Trojans, worms or bots; illegal downloading of data protected by copyright;

b. Activities that could damage the integrity of BadenCampus and its users, in particular:

- unlawful acquisition of personal data within and outside BadenCampus;
- Use in connection with chain letters, spam e-mails or other types of unsolicited messages or advertising;
- Use in connection with competitions;
- Use in connection with the manufacture or trade of weapons;
- Use in connection with violent or pornographic content;
- Use in connection with esoteric or pseudo-religious content.

c. Activities that prevent the trouble-free use of BadenCampus by users, in particular
- Obstructing or preventing other users from accessing and using the services and infrastructure of BadenCampus;
- activities that cause noise, odors or other nuisance; providing false identity data.
- A culpable breach of one of these provisions entitles BadenCampus to terminate the contract without notice. Further legal or contractual claims of BadenCampus, which are based on the culpable violation of the user, remain unaffected by this.

2 BadenCampus shall provide users with technical and other items in a defect-free condition. The equipment is regularly tested and maintained. All equipment provided must be handled with care. Any misuse is prohibited. Any culpable damage by the user will be charged to the user. BadenCampus accepts no liability for equipment failures for which BadenCampus is not responsible.

3. the user is aware that BadenCampus is closed annually between December 24 and January 2 and on public holidays in Baden-Württemberg. This does not apply to users who have a keycard. There is no entitlement to a pro rata refund of the usage fee for this period.

4. any changes to the workstations, conversions and installations, etc. by the user are only permitted with the written approval of BadenCampus and at the user's expense. At the request of BadenCampus, the user is obliged to completely and professionally restore the workplace at the latest upon return. In the event that BadenCampus agrees to the modification of the workstation, the user must obtain any necessary official approvals of any kind. Any resulting costs shall be borne by the user.

5 Depending on the package or by written agreement, the user receives a keycard for the entrance and the code for unlocking the alarm system. The user may not pass on either the key or the code to third parties. If the user loses the key or if there is a risk that third parties have gained knowledge of the code, the user is obliged to inform BadenCampus immediately. A culpable breach of this provision entitles BadenCampus to terminate the contract without notice. Further legal or contractual claims of BadenCampus based on the user's breach remain unaffected by this.

6 BadenCampus reserves the right to temporarily reduce the size of the Co-Working Space at its reasonable discretion in the event of major indoor events. This shall be done in agreement with the user(s). In the event of disproportionate impairment, the fee shall be reduced appropriately.

7 Smoking is prohibited on the entire site. Individual smoking areas are explicitly designated.

§ 13 Internet usage behavior

The user undertakes to respect and comply with all applicable local, national and, where applicable, international laws and guidelines in connection with the use of the Internet via the Internet connection provided by BadenCampus. This also applies to the user's data traffic via BadenCampus. The user shall immediately report any known violations of the law to BadenCampus. The user alone is responsible for all his actions and omissions in the context of Internet use.
BadenCampus draws the user's attention to the fact that the user is subject to legal restrictions when retrieving, storing, transmitting, distributing and displaying certain content, about which the user must inform himself before using the Internet. These include, in particular, copyright restrictions. Copying, distributing or downloading copyrighted music or moving images (films) is strictly prohibited.
In the event of a culpable breach of this obligation by the user, the user must compensate BadenCampus for any damages incurred.

§ 14 Warranty and liability

The user has inspected the workstations in detail before concluding the contract. He has taken note of the fact that the workstations are located in a shared office or open-plan office and that the rented workstations cannot be locked separately. He waives any claims for a reduction in price due to the condition of which he is aware. The user must inspect the workplace used by him in each case, including all furnishings, before commencing use and report any deviations from the contractually owed condition immediately. BadenCampus does not guarantee the condition of the respective workstation to the user upon handover or for the duration of use.
In the event of necessary modernization and repair work, the user declares that he will tolerate this work and assures that he will not derive any rights to a reduction in price or claims for damages from any impairments to the workplace, unless BadenCampus has caused these intentionally or through gross negligence or these works lead to a disproportionate impairment of use.
In cases of culpable breach of obligations which characterize the typical purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the fulfillment of which the user has regularly relied and may rely ("essential contractual obligations"), BadenCampus shall be liable in accordance with the statutory provisions; insofar as BadenCampus is not guilty of gross negligence or intent, BadenCampus's liability in these cases shall be limited to the foreseeable, typically occurring damages. In all other cases, liability for damages caused by slight negligence on the part of BadenCampus or its legal representatives or vicarious agents is excluded. Liability is limited to injuries caused by gross negligence or willful misconduct. BadenCampus shall, however, be liable for damages resulting from culpable injury to life, limb or health, as well as in the event of the assumption of a guarantee or mandatory statutory liability in accordance with the statutory provisions. Otherwise, claims for damages arising from breaches of duty against BadenCampus are excluded.
BadenCampus accepts no liability - except in the case of culpable action - for the infringement of third-party property rights in relation to the user's work or the transmission of data and data carriers by the user. The user is responsible for ensuring that all infringements of competition law, copyright law, trademark law, data law or other legal infringements within the scope of the contractual relationship with BadenCampus are avoided. If BadenCampus becomes aware of such legal violations, BadenCampus has the right to terminate the contractual relationship immediately without notice. In the event of a culpable breach of the law, the user shall indemnify BadenCampus against any third-party claims. In the event of a culpable breach of law, the user shall also reimburse BadenCampus for the costs of legal action in the amount of the statutory legal fees in the event that claims are asserted against BadenCampus by third parties as a result of a culpable breach of law by the user. The indemnification obligation also applies to cases of culpable breach of obligations under 12.1 to 12.3 and 13.
At the time of termination of the contract, the customer must return all keycards to BadenCampus. BadenCampus may dispose of any items left behind at the customer's expense if they are not removed within a reasonable period of time despite being requested to do so. Equipment, facilities and accessories must be returned in a usable condition.
If the user culpably fails to release the workstation on time, he/she shall be liable to BadenCampus for all damages caused by such late return.
If the user is authorized to unlock the alarm system, he will be instructed in how to secure and unlock it. If the user triggers an alarm through culpable operation, he is liable for any consequential costs.
Lockers are provided to secure personal belongings and wardrobe. Notwithstanding this, BadenCampus accepts no liability for the personal belongings and checkroom, unless BadenCampus is at fault. BadenCampus has the right to open the locker in the event of imminent danger and after termination of the contract.
BadenCampus is entitled to a lien on the user's items brought in for claims against the user arising from the contract.
If BadenCampus provides leisure facilities (e.g. slackline, basketball hoop) on the premises, their use is at the user's own risk.

§ 15 Insurance

There is no insurance cover for users' personal belongings.

§ 16 Termination of the user relationship

The user must treat the items with care and return them to BadenCampus after the end of use in a contractual, defect-free and usable condition. Damage culpably caused by the user due to changes or deterioration that are not attributable to contractual use or lost furnishings shall be reimbursed in full by the user to BadenCampus.

§ 17 Final provisions

There are no verbal collateral agreements. All ancillary agreements must be made in writing.
The law of the Federal Republic of Germany shall apply exclusively to the legal relationships in connection with the contract.
If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Freiburg im Breisgau. BadenCampus is also entitled to take legal action at the user's general place of jurisdiction.

Business data

BadenCampus GmbH & Co. KG
Bahnhofstr. 35 a
79206 Breisach

Management: BadenCampus Verwaltungs-GmbH, represented by Dr. Thomas Scheuerle

Office address: Bahnhofstr. 35A, 79206 Breisach
Telephone: 07667/2070023
E-mail: info@badencampus.de