1. Contractual partner
The contractual partner for the NOX rehearsal rooms is Carsten Huber Kulturmanagement Boveristr. 40-42, 68309 Mannheim as the landlord and the tenant who books one of the offered rehearsal rooms for a desired period on the internet portal www.nox-proberaum.de, by phone, by e-mail or in any other way.
The following general terms and conditions regulate current and future business and contractual relationships between the landlord and the tenants of the rehearsal rooms. Deviating or supplementary terms and conditions of the customer are not part of the contract unless the landlord expressly agrees to their validity. Subsidiary agreements, changes or additions must be in text form in order to be effective, just like the waiver of the requirement for text form itself.
2. The rented rooms
The landlord rents out to the tenant in the NOX rehearsal room complex - Boveristr. 42, 68309 Mannheim the booked rehearsal room for the desired period. A temporary, limited-term rental contract is concluded for the desired period of time, which does not require any special termination after the desired time quota has expired. This agreement applies to all bookings made by the tenant and does not have to be completed and signed separately for each individual booking.
3. Special features of the rental property
Due to the use of the building as a rehearsal room complex, there can be a noise nuisance despite the sound insulation and acoustics optimization. Furthermore, the building is a music center, which will lead to music emissions. Music and cultural events will also take place where disabilities are likely.
The rented rooms have a digital locking system. Which is why autonomous access to the rental space is possible. The landlord can view the status of the rooms via a digital locking system. The end of the trial period is shown on a permanently installed display in the rehearsal room. The tenant undertakes to leave the rehearsal room in good time by logging out on the display.
4. Booking the rehearsal rooms
The rehearsal time is booked online via the internet portal
www.nox-proberaum.de. The booking will be reconfirmed by booking confirmation. After booking, the tenant receives the access code. The access code is only valid for the booking period selected by you.
5. The payment agreements
The rent is to be paid to the landlord via online booking before the start of the rehearsal. The use of the room is only possible in advance.
The rental price can be seen from the price scale on the website www.nox-proberaum.de and includes the use of the standard equipment of the room as well as the ancillary costs. For bookings over a longer period of time (e.g. for a production of more than 2-3 consecutive days, separate offers can be requested.)
The tenant can generally pay by bank transfer, credit card or PayPal. For business customers, payment on account can be made on request. There is no possibility to deduct a discount. We reserve the right to only offer you certain types of payment for the requested delivery, for example to hedge our credit risk only those according to the respective creditworthiness. We reserve the right to adjust the prices for rehearsal rooms. For bookings that have already been made, the price applicable at the time of the order on www.nox-proberaum.de applies. A right to a price reduction is excluded. The prices quoted are in euros (including statutory VAT).
6. Maximum number of people
The tenant agrees that the rehearsal rooms may be used by a maximum of 8 people at the same time. Subletting is expressly prohibited.
7. Opening times
The rehearsal rooms are open from Monday to Sunday from 10 a.m. to midnight. The landlord reserves the right to close the rehearsal rooms on public holidays and on selected days at major events with a lead time of 7 days.
The rehearsal rooms are equipped with basic equipment. The tenant receives information about the equipment of the rehearsal rooms at www.nox-proberaum.de. The equipment of the individual rehearsal rooms can vary. The following accessories are not provided by the landlord: crash cymbals, vocal microphones, guitars, basses, keyboards etc. These can be borrowed for an additional fee.
The rehearsal rooms are located in Boveristr. 40-42, 68309 Mannheim. Parking spaces are available. Parking beyond the booking time is not permitted.
Bookings can be canceled up to 48 hours before the booked dates via the login area of the online platform. With the cancellation, the booking costs are reimbursed. If there is no timely cancellation in the system, the rental amount is due.
11. Cancellation by the landlord
The landlord reserves the right to cancel the tenant's booking for an important reason. This can e.g. existing security risks or short-term damage to the rehearsal rooms. In this case, the tenant will be reimbursed the entire purchase price. The landlord is not liable for any further damage resulting therefrom.
12. Prohibition of Use
In the event of non-compliance with the house rules or gross violations on the part of the tenant, e.g. Arrears in payment, use contrary to the contract, damage to property and theft, the landlord is entitled to prohibit the tenant from using the room immediately and, if necessary, to initiate criminal prosecution.
13. Being late for an agreed trial date
Access to the rehearsal room is via the transmitted access code. The code can generally be entered during the entire booking period. An automatic extension of the trial period does not take place in the event of late check-in. The tenant must leave the room at the end of the booking time, even if he has checked in later.
14. Security deposit (deposit)
A deposit equal to the rental price is not to be paid.
15. Use of the rented rooms
The tenant may only use the rooms for music / practice / and teaching purposes. Use as a party room is prohibited. The tenant assures that he will only enter the above-mentioned room at the rented times. The use of the room or the passing on of the code to third parties requires prior agreement with the landlord. Subletting is not permitted.
The tenant is not entitled to enter rooms other than the room rented above - with the exception of the lounge and the toilets - and he is also not entitled to "borrow" any instruments from other rooms.
16. Handover of the rented premises
The tenant receives an access code to the rental room and by accepting the terms and conditions declares himself liable for the items within the room during the period of his booking. All doors (rehearsal room / hall door / house entrance door) must be locked or locked after use.
The tenant leaves the rooms as found: tidy up, close windows - if any - put empty bottles in the beverage crates in the hallway, dispose of rubbish, clean up music stands / micro-stands, switch off air conditioning, heating or ventilation, as well as lights, spots and amplifiers, digital piano cover up, return borrowed equipment, etc.
17. House rules
Smoking is strictly prohibited in the rooms! The common room is available for consuming food and beverages. Drinks may not be placed on electronic devices or equipment. Alcoholic beverages are not permitted. The tenant takes information on liability risks from point 21. Unusual occurrences should be reported to the landlord immediately. This includes e.g. Amplifier / speaker / PA does not work properly, drum heads defective, drink spilled, windows / doors defective, power failure etc.
The tenant undertakes to comply with regulatory and other requirements and to exempt the landlord from any claims by third parties and declares that he agrees to these terms and conditions.
18. Handling of material and equipment
The tenant undertakes to handle the material and equipment made available carefully and with care. The renter must treat the equipment carefully, check the displays regularly and properly secure the equipment against theft. Smoking in the vicinity of the equipment is prohibited. Bringing animals is strictly prohibited. The renter is obliged to properly switch off all electronic devices after the end of the trial.
19. Prohibited Uses
The lessee is strictly prohibited from transporting the lessor's material and equipment in the vicinity of liquids and substances that can damage the material and equipment (e.g. beverages, fire, smoke, dust, water) or that are subject to the hazard regulations or that To use equipment for other uses beyond the contractual use.
The tenant undertakes to follow the instructions of the landlord, provided that no personal rights are violated. The tenant agrees that punctuality and careful handling of the other tenants are an essential part of carrying out the rehearsals. The landlord reserves the right to issue warnings in the event of violations by the tenant.
The tenant is liable for damage caused by his own fault (e.g. spilling of coffee, beer, etc., damage to the floor e.g. by cello spikes, etc.). The tenant is also liable for damage caused by improper handling (e.g. override). The renter is not liable for wear damage (e.g. defective threads, broken batter heads).
The landlord assumes no liability for items that are taken into the rehearsal rooms or for other direct damage and costs including loss of earnings, lost profit or claims by third parties, loss of data, travel costs, consequential and financial losses of any kind. The lessor is not liable for damage suffered by the lessee or third parties in connection with the use of the equipment. The landlord is not liable for damage resulting from the fact that no equipment or rehearsal room can be made available. The landlord is not liable for items brought along, especially not for musical instruments. The tenant is liable for any improper use of the Internet access. The tenant is liable according to the general liability rules if he damages or steals the material and equipment of the landlord or if equipment parts are lost during his period of use (e.g. cables, clamps, instruments, amplifiers, stands, mixing consoles, chairs, etc.) or if he fulfills his obligations violated this contract. In particular, the renter has to return the equipment in the condition in which it was taken over. The tenant's liability extends to the amount of the agreed deductible, including the incidental damage costs, such as Experts' costs, rental loss costs, upgrades to insurance premiums and additional administrative costs. The limitation of liability to the amount of the deductible does not apply in the case of mechanical damage caused by the tenant due to incorrect operation - a limitation of the deductible agreed with the landlord in the event of damage does not apply. The tenant is fully liable to the landlord for damage resulting from willful or grossly negligent non-compliance with the terms and conditions, the statutory provisions or the general insurance conditions. The tenant is also liable for the actions of the authorized persons named by him and assumes all costs arising from their use as his own fault.
The landlord maintains liability insurance with limited coverage. The amount of the deductibles is regulated in the current price list. The tenant undertakes to take out private liability insurance before using the rehearsal room.
23. Accidents and Damage
The renter is obliged to report any damage to the equipment, in particular damage that could cause additional damage to the equipment if the equipment is used, immediately to the lessor. The tenant is liable for any damage resulting from failure to comply with these provisions.
24. Electronic communications
The tenant agrees that the contract-related communication can take place in electronic form.
25. Alternative dispute resolution
The landlord is neither obliged nor willing to take part in dispute settlement proceedings before a consumer arbitration board.
26. Contract language
The final contract is in German.
27. Final provisions
The law of the Federal Republic of Germany applies exclusively to this contract and its implementation. The remaining parts of the conditions remain binding even if individual provisions are legally ineffective. Ineffective conditions are replaced by those that come closest to the economic purpose of the ineffective ones. Agreements that differ from this contract are only effective if they are agreed in writing.
28. Data protection
The customer's data are processed electronically for internal purposes. The data associated with the registration are stored in compliance with the data protection regulations. The name, address, telecommunication data and email address of the customer are required to process the booking. The personal data are used by us exclusively for the purpose of fulfilling the contract. The customer can receive information about the data he has saved at any time. We treat this information confidentially and do not pass it on to third parties, with the exception of partner companies that need the data to process the order. The tenant agrees that the entrances to the rooms are camera-monitored.
In addition, reference is made to the data protection guidelines.
General terms and conditions for the NOX rehearsal room as of August 2020