§1 Scope
The following terms and conditions apply to all contracts for the rental of music rehearsal rooms and other services between noisy Musicworld GmbH (hereinafter "Landlord") and its customers (hereinafter "Tenant"), concluded via the web shop at www.noisy-rooms.com (hereinafter "Website") or otherwise. These terms apply to both B2B (legal entities) and B2C (consumers) business relationships.
§2 Booking and Availability
- The Tenant may book a music rehearsal room by the hour or day via the booking calendar in the web shop or in text form. Booking is made by selecting the desired room, date, and time.
- Images displayed on the website are for illustrative purposes only. Actual furnishings may differ; however, the Landlord endeavours to ensure the greatest possible correspondence.
- For organisational reasons, the Landlord may assign the Tenant an equivalent or superior replacement room. The Tenant will be informed of this in a timely manner.
§3 Contract Formation and Payment
- A booking of a music rehearsal room is binding and constitutes a rental agreement between the Landlord and the Tenant.
- The Tenant is obliged to pay the stated price for the booked rental period. Payment is made via the payment methods offered on the website or as individually agreed. The terms and conditions of the respective payment provider apply.
§4 B2B Transactions
- Individual payment terms may be agreed upon for legal entities (B2B).
- The contract is concluded upon acceptance of an offer in text form.
- The Landlord is entitled to request advance payments or security deposits.
- Rights of withdrawal or termination are governed by statutory provisions unless expressly agreed otherwise.
- Invoices are due within 14 days of dispatch without deduction. In the event of default, the Landlord may charge a reminder fee of €5 per reminder.
§5 Cancellation and Right of Withdrawal
- The Tenant may cancel a confirmed booking in writing via email to mail@noisy-rooms.com. The following cancellation conditions apply:
- Cancellation more than 5 days before the booked date: full refund of the amount paid.
- Cancellation 5 days or fewer before the booked date: no refund.
- The relevant time for calculating the cancellation period is the receipt of the cancellation notice by the Landlord.
- Rebooking to a different date is free of charge up to 24 hours before the start of the booking, provided the desired alternative date is available. A maximum of one rebooking per original booking is permitted. Rebooking is subject to availability and does not constitute a claim to a specific room or date.
- For consumers: A statutory right of withdrawal does not exist pursuant to § 312g para. 2 no. 9 of the German Civil Code (BGB), as the services relate to leisure activities for which a specific date or period is provided.
§6 Subletting
The Tenant may neither sublet the rooms nor make them available to third parties in any other way without the prior consent of the Landlord in text form.
§7 Use of Rooms; Events
- The rooms may only be used for purposes permitted by the relevant authorities.
- Events with an audience or celebrations require the prior written consent of the Landlord in text form.
- The rooms must be returned in a broom-clean condition at the end of the rental period; any resulting cleaning costs may be charged separately.
§7a Overtime Use
- The Tenant is obliged to fully vacate the booked room and make it accessible to the Landlord no later than the end of the agreed rental period.
- In the event of overtime use, the Landlord is entitled to charge an additional usage fee of 50% of the agreed hourly rate for each commenced half-hour of overtime.
- If the overtime exceeds 30 minutes, the Landlord may demand immediate vacating of the room.
- If delayed handover causes disruptions to subsequent bookings, the Landlord is entitled to provide reasonable compensation to affected subsequent tenants. The resulting costs shall be fully reimbursed by the Tenant who vacated the room late.
§8 Video and Photo Recording; Location Fee
- Photo and video recordings require prior consent from the Landlord in text form.
- The Landlord may charge a location fee for approved recordings.
- Recordings made without consent may be prohibited.
§9 Smoking Ban; Fog Machines
- A strict smoking ban applies in all rooms.
- Fog machines and hazers may not be operated.
- If a fire alarm is triggered by a violation, the Tenant shall bear the resulting costs (police/fire department response, consequential costs).
§10 Liability
- The Landlord is fully liable for damages arising from injury to life, body, or health caused by negligent or intentional breach of duty.
- For other damages, the Landlord is only liable in cases of intent or gross negligence.
- In the event of a slightly negligent breach of material contractual obligations ("cardinal obligations"), liability is limited to the typical, foreseeable damage for this type of contract.
- Any further liability is excluded.
§11 Data Protection
The Landlord processes the Tenant's personal data in accordance with statutory requirements and the privacy policy available at www.noisy-rooms.com.
§12 Final Provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- For contracts with merchants, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction is the registered office of the Landlord. For consumers, the statutory place of jurisdiction applies.
- Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.