General Terms & Conditions
Only the German version of our terms and conditions are legally binding, the English translation serves information purposes only.
The following General Terms and Conditions apply exclusively to all contracts for the rental of memox Spaces (Small, Medium, Large, X-Space ((workshop and meeting spaces)) together hereinafter referred to as "Spaces") between Memox Innovations AG (hereinafter referred to as "memox") and the respective customer (hereinafter also referred to as "customer, tenant, user, guest, visitor"), together also referred to as "parties", as well as to all related services and deliveries by memox, its partners and its suppliers. The client's general terms and conditions shall not become part of the contract unless memox expressly agrees to their validity in writing.
II. Subject matter of the contract
memox grants the Customer the option to use the Spaces and the furnishings therein to the contractually agreed extent, in particular for meetings, workshops, conventions, conferences, training sessions and other - also private - events (hereinafter collectively "Events"). In addition, memox offers the Client additional services (e.g. catering service, team games, experiences) for a fee. In return, the Client undertakes to pay the agreed remuneration in accordance with the agreed payment terms.
If the client requires additional materials, catering, beverage supplies or other catering for the event(s), the client will inform memox and will neither provide such services itself nor procure them from third parties without memox's approval.
If more than six months pass between the conclusion of the contract and the agreed date of the event, memox may make reasonable price changes for justified reasons. A justified reason exists in particular if the service provider commissioned by memox (e.g. catering or beverage service) changes its prices or conditions after the conclusion of the contract between memox and the client. In such a case memox is entitled to increase the remuneration accordingly, i.e. to the extent of the higher costs for memox. To the same extent, memox is obliged to pass on cost reductions to the client.
Protection against competition is not granted.
III. Payments, invoice changes
Unless otherwise agreed with the client, payment for the space rental is due without deduction immediately after confirmation of the offer. Thereafter, the general cancellation conditions of memox apply. The final invoice (if catering, services, additional services, etc.) will be sent after the event and is due within ten (10) days of receipt without deduction. The amount and the exact date of payment will be specified in the offer.
As of the occurrence of default, memox is entitled to claim the statutory default interest.
Change requests and complaints from the customer regarding invoices or other documents (such as credit notes) that are due to an error or oversight on the part of memox are always free of charge.
IV. Liability of memox
memox is liable
a) In accordance with the statutory provisions in the case of intent and gross negligence on the part of a legal representative, a senior employee or other vicarious agent, in the case of the assumption of guarantees, culpable injury to life, body or health and in the case of liability under the Product Liability Act;
b) On the merits in the event of any culpable breach of a material contractual obligation (whereby the term material contractual obligation refers in the abstract to an obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on the fulfillment of which the respective other party may regularly rely), whereby liability for financial loss and damage to property is limited to the amount of the typically foreseeable damage.
c) The strict liability of memox is excluded.
d) In the case of events and bookings that represent a violation of legal regulations, the liability lies entirely with the customer. Any liability of memox excluded.
e) Any further liability of memox is excluded.
V. Behavioral Obligations of the Customer
1. The client must treat the spaces and common areas provided as well as the inventory located therein - this includes technical equipment in particular - with care. The client must notify memox immediately of any damage. The client is liable for all damage caused by him, his vicarious agents and third parties who use common areas and spaces at the instigation of the client, over and above the contractual wear and tear.
2. The client must refrain from all actions that could be detrimental to the memox venue or inventory or damage memox's reputation.
3. The client is responsible for the objects, documents and data he brings to the spaces. Decorative materials brought to the spaces (esp. highly flammable materials) must be certified.
4. In his own interest, the client must protect items brought along by him, in particular valuables, as well as documents and data from unauthorized access by third parties. memox shall not be liable in this respect for loss, theft and damage to these items, documents or data, insofar as this is not attributable to grossly negligent or intentional conduct on the part of a legal representative, a senior employee or other vicarious agent of memox. Items brought by the client are not insured by memox. If necessary, the client will arrange for appropriate insurance himself to cover risks relating to damage to the items or business interruption.
5. The client is liable for damages caused by third parties entering the spaces at the instigation of the client.
The client must protect the provided spaces from access by third parties and any keys and access cards provided to him from loss and theft. Keys and access cards may not be handed over or made accessible to third parties unless this has been agreed with memox in advance.
7. The client must ensure that the legal requirements for the implementation of the event (e.g. any permits to be obtained, registrations, payment of fees) are fulfilled and that the legal (in particular public law) regulations are complied with during the implementation of the event, and in the event of culpable violations of this, indemnifies memox from all third-party claims in this respect.
VI. Withdrawal, (Partial) Cancellation and Reduction of Remuneration
1. If the advance payment is not made even after a reasonable grace period set by memox has expired, memox is entitled to withdraw from the contract.
2. Insofar as the client irrevocably declares in text form prior to the start of the event not to make use of the contractually agreed services on the agreed date of the event (cancellation) or, in the case of an event comprising several days and/or spaces, not to make use of them in part (partial cancellation), memox shall grant the client (subject to memox's claims under Clause VI) a reduction in the remuneration in accordance with the following Clauses 3. and 4.
3. If the declaration goes in case of cancellation of the event memox
- Cancellation 60 - 31 days before the event: 20% of the order value
- Cancellation 30 - 15 days before the event: 40% of the order value
- Cancellation 14 - 8 days before the event: 60% of the order value
- Cancellation 7 - 0 days before event: 100% of the order value
4. In the event of a partial cancellation, para. 3 shall apply accordingly to the cancelled space(s) and/or day(s). In the event of a partial cancellation occurring at a later date, the entire remuneration shall be charged.
5. If the client has already paid in advance, memox shall refund any excess amounts paid as a result of the reduction. The client is aware that the reduction in remuneration is an arrangement granted by memox in the interest of the client, for which there is no legal obligation. After the 30th working day before the agreed start of the event, there will be no further reduction in remuneration.
6. memox must, however, in any case take into account the value of the saved expenses as well as the advantages that memox gains from an alternative utilization of the use.
7. 100% of the cancellation costs for catering, other services and/or additional services already commissioned or ordered will be charged to the client if they can no longer be cancelled.
8. In case of cancellation by the client due to situations resulting from force majeure (e.g. pandemics, severe weather, legal changes), the general cancellation conditions apply.
9. In case of cancellation by memox due to situations resulting from force majeure, the client will be credited with a credit that can be redeemed for a comparable booking at the same venue within 12 months.
VII Termination of the contract
The client is obligated to return the used spaces and inventory in a damage-free and usable condition after termination of the contract. All items brought in by him are to be removed and the condition existing at the time of handover of the spaces is to be restored. Visible signs of use and damage to floors, floor coverings, walls or inventory shall be removed by memox at the expense of the client plus a reasonable lump sum of 15% of the costs incurred for the removal; the lump sum shall be waived or reduced if the client proves lower costs. The client shall pay the corresponding costs within thirty (30) days of memox sending the invoice.
memox may store items left behind at the client's expense if they are not removed within 24 hours of the end of the event. After 14 days, memox is authorized to recycle or dispose of the items at the client's expense.
VIII. Offsetting, Right of Retention, Reduction
1. memox's claims for payment may only be offset by the client if the client's claim for offsetting is undisputed or legally binding. The same applies to the exercise of a right of retention by the client.
2. The client shall only be entitled to a reduction of the remuneration if the reason and the amount of the reduction are undisputed or have been legally established.
3. The client's right to separately assert any claims for repayment of overpaid remuneration due to reduction or other claims against memox shall not be affected by the above provisions.
IX. Final provisions
The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Zurich. Swiss law shall apply.
Subsidiary agreements, amendments, supplements and cancellation of the contract must be agreed in writing. The same applies to promises, consents, waivers and settlements of all kinds. The written form requirement cannot be waived orally.
memox reserves the right to amend these terms and conditions, provided that this is not unreasonable for the customer. This is the case with less important provisions of these terms and conditions, provided that this change does not lead to a redesign of the contractual structure as a whole. The weighty provisions include, in particular, provisions relating to the type and scope of the contractually agreed services, the term and termination of the contract. The customer shall be notified of the amendment in due time.
Should one or more provisions of the contract be or become invalid, this shall not affect the validity of the remaining provisions. However, the contracting parties undertake to enter into negotiations with the aim of replacing the invalid provision with a provision that is equivalent in terms of the economic result or - if this is not possible - approximately equivalent.