Welcome to Coworking Fuerteventura

Contract for the use of the coworking space “FreshSurf”

Between:
FreshSurf Cotillo SL, with registered office at Calle Hermanas del Castillo 4, Local 2, 35650 El Cotillo, CIF: B-76033190, represented by Tobias Stark (CEO), Y0561732V, hereinafter referred to as the “Landlord”,

and (this data is transmitted during the booking process)

[first and last name of the tenant or name of the company], [Nationalität], [identification number, e.g. DNI/NIE/CIF], resident or domiciled in [Adresse des Mieters], hereinafter referred to as the “Tenant”,

the following contract is concluded:

The landlord provides the tenant with a workstation for use in the “FreshSurf” coworking space. Depending on the agreement, this may be a specifically assigned workstation (numbered desk) or a flexible workstation (hot desk).

The rental price includes the use of the following facilities:

• • WLAN (wireless Internet access)
  • Printer (including fair use of printing paper)
  • Coffee bar (including coffee, tea, snacks, microwave and fridge)
  • Meeting room (phone booth / meeting room)
  • Outdoor area (terrace)

It is expressly requested that telephone calls be made in the phone booth or in the outdoor area (terrace) if possible, so as not to disturb other users of the coworking space.

With the daily and weekly pass, tenants have access to the “FreshSurf” coworking space from 9 a.m. to 6 p.m. and with the monthly pass around the clock (24/7) using a door pin code or a specially provided app. The fixed opening hours, during which a contact person is available on site, are from 11:00 to 14:00 (Monday to Friday).

On Saturdays, the coworking space is closed from 11 a.m. to 2 p.m. as thorough cleaning work is being carried out.

Access for third parties is permitted, provided that the same costs are incurred as for the tenant. The tenant is obliged to inform the landlord in advance of use by third parties.

The access codes provided by the landlord are personal and may not be passed on to third parties. The codes can be limited in time by the landlord and renewed if necessary. Any misuse of the access data will result in the immediate withdrawal of access authorization.

The rental price for the use of the coworking space “FreshSurf” is:

• • 15 € per day,
  • 70 € per week, or
  • 220 € per month,

depending on the agreed period of use.

Payment is made in advance and can be made in the following ways:

By bank transfer to the account specified by the landlord,

• • Via PayPal to the address “office@freshsurf.de”,
  • By credit card or cash on site.

In addition, there is a charge of €0.10 per black and white page and €0.25 per color page for using the printer. These costs are billed separately and must also be paid in advance or directly after use.

A deposit is not charged.

1. 1. Code of conduct:
      Users of the “FreshSurf” coworking space undertake to behave in a respectful and considerate manner towards other tenants. This includes in particular
      • Maintaining general order and cleanliness in all areas, including communal areas such as the coffee bar, the phone booth and the terrace.
      • Avoid unnecessary noise pollution. As far as possible, conversations and telephone calls should be made in the designated areas (phone booth or terrace).
      • Appropriate use of the facilities and equipment provided.
   2. Liability:
      The tenant is obliged to compensate in full for any damage caused by improper use of the premises, facilities or items provided.
   3. House rules:
      • Smoking is strictly prohibited in all indoor areas of the coworking space.
      • Pets are not allowed.
      • The consumption of strong-smelling food indoors should be avoided. Such food should be consumed in the outdoor area (terrace).
      • The premises may only be used for legal and professional activities. Any activities that could damage the reputation or interests of the landlord are prohibited.

1. provision and purpose:
The landlord provides the tenant with access to the WLAN network of the coworking space as part of the agreed services. Access is exclusively for professional and legal use.

2. prohibited uses:
It is expressly prohibited to use the WLAN network for the following purposes:

• Access to pages or content that is pornographic, glorifies violence, is discriminatory or in any other way violates applicable law or morality.
• Use of gambling sites, gaming platforms or other services that do not serve a professional purpose.
• Downloading or distributing copyrighted content without the appropriate authorization.
• Sending spam, mass e-mails or other unwanted advertising content.
• Carrying out hacking, phishing or other activities that violate applicable law or the security of the network.
• Activities that could disrupt or endanger the operation of the network, such as sending malware or uploading large amounts of data without authorization.

3. liability, monitoring and sanctions:
The tenant is fully responsible for the use of the WLAN. Any violations of these regulations will result in immediate blocking of access and may have legal consequences.

The landlord reserves the right to take measures in the event of suspected misuse, including blocking the tenant’s Internet access. However, the landlord does not guarantee active monitoring of individual data traffic in order to protect the privacy of tenants.

Clause 7: Contract duration and termination

1. 1. Contract duration:
      The contract duration is flexible and is agreed individually with the tenant. It can range from one day to twelve months. Unless otherwise agreed, the contract ends automatically at the end of the agreed term.
   2. Contract extension:
      The contract can be extended by informing the landlord verbally or in writing before the end of the existing contract period. The extended contract is subject to the same conditions as the original contract, unless otherwise agreed.
   3. Notice period:
      For contracts with a monthly term, the contract can be terminated with 14 days’ notice to the end of the month. Contracts with a shorter term do not need to be terminated, as they end automatically at the end of the agreed term.
   4. Special right of termination:
      A special right of termination is not granted.

1. 1. Data protection:
      The landlord undertakes to process all personal data of the tenant in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Spanish Data Protection Act (Ley Orgánica de Protección de Datos Personales y garantía de los derechos digitales, LOPD-GDD).

The collection and storage of data takes place exclusively in the context of contract processing. This includes name, contact information, payment data and other information relevant to the contract. The data will not be passed on to third parties unless this is necessary to comply with legal regulations.

The tenant can voluntarily consent to their contact details (e.g. e-mail address) being used for marketing purposes, such as for receiving newsletters or information about current FreshSurf offers. This consent can be revoked at any time.

2. 2. Confidentiality:
      Both parties undertake to treat as confidential all information exchanged under this contract that is marked as confidential or whose confidential nature is obvious. Disclosure to third parties is only permitted with the prior written consent of the other party.
   3. Exceptions:
      The obligation of confidentiality does not apply if the disclosure of the information is required by law, official requests or court decisions. In such cases, the other party will be informed immediately of the disclosure, provided this is legally permissible.

Section 9: Liability and insurance

1. 1. Liability of the landlord:
      The landlord assumes no liability for damage or defects arising from the use of the premises or facilities provided, unless these are due to gross negligence or willful misconduct on the part of the landlord.
   2. Liability of the tenant:
      The tenant is obliged to compensate in full for any damage caused by improper use of the premises, facilities or items provided.
   3. Insurance recommendation:
      The tenant is recommended to take out private liability insurance to protect himself against possible claims for damages.

Paragraph 10: Other provisions

1. 1. Amendments and additions:
      Amendments or additions to this contract must be made in writing to be effective. Verbal collateral agreements are excluded.
   2. Severability clause:
      Should any provision of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a provision shall be deemed agreed that comes closest to the economic purpose of the original provision.
   3. Applicable law and place of jurisdiction:
      This contract is subject exclusively to Spanish law. The competent court in Puerto del Rosario, Fuerteventura, is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.