1. scope of application:

1.1 Max Jan Heinrich & Candida Heinrich-Piras GbR, Elisabeth-Kirch-Str.22, 67659 Kaiserslautern, represented by the partners (hereinafter referred to as the “Lessor”), operates a rental studio for photo and video productions and events under the name hey olive Studio on the property at Stiftswaldstraße 4 in 67657 Kaiserslautern. The rental takes place via the website https://heyolive.studio (hereinafter referred to as the “Website”)

1.2 These General Terms and Conditions of Service and Rental (hereinafter referred to as “GTCS”) conclusively govern all contractual relationships between the Lessor and the Lessees in connection with the use of the rental studio.

1.3 These ALB shall apply exclusively to the legal relationship between the Lessor and the Lessee even if the Lessee uses its own – deviating – general terms and conditions. This also applies if the lessor has not expressly objected to the use of the user’s general terms and conditions.

1.4 The Lessor’s offer is aimed at both consumers and entrepreneurs.

– According to Section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

– Pursuant to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that has the ability to acquire rights and enter into liabilities.

These ALB apply to both types of users with the special features expressly regulated in each case.

2 Subject matter and conclusion of contract:

The landlord offers the rental studio for rent on the website – as described there – for the fees stated there. In a step-by-step dialog, the tenant specifies the type and scope of the desired use (including additional services, if applicable), the fee to be paid and the desired period of use, and submits a rental offer via the website. The rental agreement is then only concluded with the corresponding declaration of acceptance by the landlord.

3. right of withdrawal:

3.1 If the tenant is a consumer, he is entitled to a right of withdrawal pursuant to § 312g BGB (German Civil Code) in accordance with § 355 BGB. The right of revocation expires in accordance with § 356 para. 4 BGB in the case of a contract for the provision of services (here: execution of the rental agreement) if the entrepreneur has provided the service in full and has only started to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal upon complete fulfillment of the contract by the entrepreneur. In the case of an off-premises contract, the consumer’s consent must be provided on a durable medium.

3.2 For tenants who are consumers, the following applies

Cancellation policy:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us, Max Jan Heinrich & Candida Heinrich-Piras GbR, Elisabeth-Kirch-Str.22, 67659 Kaiserslautern, Germany, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website https://heyolive.studio. If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any fees for this repayment.

If you have requested that the service (here: execution of the rental contract) should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

3.3 Sample withdrawal form:

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

-To Max Jan Heinrich & Candida Heinrich-Piras GbR, Elisabeth-Kirch-Str.22, 67659 Kaiserslautern -I/We (*) hereby revoke the rental agreement concluded by me/us (*) dated -Date________________ -Name of the consumer(s):_____________________________________________________________ -Address of the consumer(s):___________________________________________________________ -Signature of the consumer(s) (only for notification on paper):________________________________ -Date:_______________________

(*) Delete as appropriate.

4. term and termination/withdrawal; consequences of termination without notice:

4.1 The tenancy is agreed for a fixed term. Ordinary termination of the contract is therefore not possible. A free withdrawal from the contract is possible on both sides up to 7 days before the start of the rental period at the latest. The rental period may only be extended by express agreement with the Lessor for an additional fee. A tacit extension of the tenancy in accordance with Art. § Section 545 BGB is excluded.

4.2 Notwithstanding the provision in Clause 4.1, each contracting party may – if the legal requirements are met – terminate the contractual relationship without notice for good cause (cf. Section 314 BGB), without prejudice to the provisions contained in these GTC for extraordinary termination (without notice) for explicitly defined reasons.

4.3 If the Lessor has effectively terminated the contractual relationship without notice for good cause due to a culpable breach of duty by the Lessee, the Lessor shall nevertheless retain the full claim to remuneration. This shall not affect any (additional) claims for damages on the part of the Lessor.

4.4 If the User has effectively terminated the contractual relationship without notice for good cause due to a culpable breach of duty by the Lessor, the Lessor shall reimburse the User the pro rata (time) fee for the period of use attributable to the time after the termination took effect. This shall not affect any (additional) claims for damages on the part of the user.

4.5 The Lessor is entitled to extraordinary termination of the contractual relationship without notice or to withdraw from the contract for the following reasons, among others, but not exclusively:

4.5.1 if the lessee violates statutory regulations or the rules and regulations on the premises of SWK Stadtwerke Kaiserslautern Verkehrs-AG at Stiftswaldstraße 4 in 67657 Kaiserslautern during the use of the rented property or in the run-up to this through conduct in connection with the (intended) use of the rented property.

4.6 Any notice of termination must be made in writing.

5. prices and terms of payment; reduction, offsetting, right of retention:

5.1. Unless expressly agreed otherwise, the prices for the services to be provided by the Lessor or used by the Lessee shall be those set out in the Lessor’s price list, as published on the website at the time of conclusion of the contract and included in the Lessor’s declaration of acceptance in accordance with Section 2. Item no. 2 was attached.

5.2. The usage fee for the premises of the rental studio (rent) and for any additional services shall become due for payment upon conclusion of the rental agreement or declaration of acceptance by the Lessee regarding the provision of additional services and receipt of a corresponding invoice or other request for payment by the Lessee.

5.3. As long as the tenant has not made payment on a claim due to the tenant, the tenant is entitled to refuse the corresponding service to the tenant.

5.4 The Lessee may only offset a counterclaim against the Lessor’s claims under this contract or exercise a right of reduction or retention if its claim is undisputed or has been legally established. The tenant’s right to sue for overpaid rent remains unaffected.

6 Liability of the lessor:

6.1 The strict liability of the Lessor for initial defects of the rental object is excluded.

6.2 The Lessor shall be liable for its own fault and that of its shareholders, employees, agents, vicarious agents and assistants, insofar as it cannot exculpate itself, as follows:

6.2.1 The Lessor shall be liable without limitation for intent and gross negligence as well as for damages resulting from culpable injury to life, limb or health, in the event of a breach of a guarantee – which must be expressly designated as such – and in accordance with the Product Liability Act.

6.2.2 In cases of slight negligence, with the exception of injury to life, limb or health, the Lessor shall only be liable in the event of a breach of a material contractual obligation. An essential contractual obligation in this sense is an obligation whose fulfillment makes the execution of the contract possible in the first place and on whose fulfillment the user may therefore regularly rely. In cases of slight negligence, with the exception of injury to life, limb or health, the Lessor’s liability shall be limited to the foreseeable damage typical of the contract at the time of conclusion of the contract.

6.2.3 All limitations of liability shall apply accordingly in favor of the Lessor’s shareholders, employees, agents, vicarious agents and assistants.

7. deviating use; subletting:

7.1 The Lessee may only use the rooms for a purpose other than that specified in the contract with the Lessor’s written consent.

7.2 Subletting is excluded.

7.2 If the Lessee uses the rented property for purposes other than those contractually agreed or transfers it to third parties, the Lessor may prohibit such use with immediate effect without requiring a notice of termination.

8. rules of order:

8.1 The Lessee is responsible for compliance with the regulations of the employers’ liability insurance association and all public law regulations (e.g. fire protection regulations, waste laws, state building regulations, commercial regulations, water and pollution control laws) within the premises rented by it.

8.2 The Lessee is entitled to use the traffic routes on the premises of SWK Stadtwerke Kaiserslautern Verkehrs-AG, on which the rental studio is located, to the extent customary in the business (delivery and visitor traffic). The SWK depot regulations apply. Parking spaces for visitors are generally not available on the company premises. To avoid any danger, only use the marked traffic routes.

8.3 The Hirer may only use the rented property for the agreed purpose and only in such a way that it does not violate statutory regulations. The tenant shall be liable to the landlord for any culpably unlawful conduct of his employees or visitors as if it were his own fault.

9 Structural changes:

The tenant may not make any structural alterations to the rented premises unless the landlord has given its written consent in individual cases. The tenant has no right to the landlord’s consent to a structural alteration.

10. return of the rental object:

10.1 At the end of the agreed rental period, the Lessee must return the rented property to the Lessor immediately in a contractually compliant condition, swept clean, without the need for a separate request to do so.

10.2 If the rented property is not returned in a swept clean condition, the Lessor is entitled to demand cleaning costs of € 150.00 from the Lessee. This shall apply without prejudice to any further claims for damages.

11. transfer of the rights and obligations arising from this contract to third parties:

11.1 The Lessee may only transfer its rights under this contract with the prior written consent of the Lessor. If the tenant sells the entire business or part of it, this rental agreement shall only be transferred to the purchaser if the landlord agrees in writing.

11.2 The Lessor may transfer its rights under this contract to a third party. The transfer must be notified to the tenant in writing, stating the date of transfer, the name and address as well as the account number of the new landlord.

12. formal requirements:

12.1. The content of the contractual relationship shall be governed exclusively by the declarations made by the parties in writing or in text form with regard to the conclusion of the contract, as well as these GTC. Verbal collateral agreements shall only become valid upon confirmation in writing or text form; this shall also apply to such agreements with which the parties (tacitly) deviate from this formal requirement.

12.2 Insofar as the written form is required for declarations of the parties according to these GTC, the text form (e.g. fax, e-mail) shall suffice – also for termination declarations.

13 Place of jurisdiction Final provisions:

13.1 The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Kaiserslautern.

13.2 Should any clause of these GTC be void or voidable or invalid for any other reason, the remainder of the contract shall nevertheless remain valid. In such a case, the contracting parties undertake to replace the void, voidable or ineffective provision with a provision that comes as close as possible to your intention and guarantees a corresponding economic success.