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GENERAL TERMS AND CONDITIONS FLEXDESKPASS FOR COWORKERS - FOR MEMBERS AND MEMBER'S GUEST

TRANSLATION ONLY – DUTCH VERSION IS GOVERNING Please note that this is translation-only from our Terms and Conditions in Dutch. This translation is provided as a service to our non-Dutch speaking website visitors. The Terms and Conditions in Dutch are governing.

GENERAL CONDITIONS FLEXDESKPASS FOR COWORKERS - FOR MEMBERS AND MEMBER'S GUEST

Flexdeskpass
Located at Heer Vrankestraat 25b, 3036LB Rotterdam
Registered with the Chamber of Commerce under number 75497727
These terms and conditions were last modified on March 16, 2020

ARTICLE 1. DEFINITIONS

In these general terms and conditions the following terms have the following meanings:

  1. App: the Flexdeskpass mobile application and / or mobile Website.
  2. Account: the personal overview page of a Member on the Website and / or App, which page is accessible after registration and after the Member has logged in to the Website or App.
  3. Proof of payment: proof that a payment has been made, for example a bank or credit card statement.
  4. Check-in: the registration of the start of the coworking time at a location.
  5. Own hours: The total number of hours still to be spent which a member can use to make use of a coworkdesk of the affiliated Locations.
  6. Flexdeskpass, the sole trader Flexdeskpass, located at Heer Vrankestraat 25B, 3036 LB Rotterdam, registered with the Chamber of Commerce under number 75497727.
  7. Coworkdesk use: the use of a coworkdesk at a Location.
  8. Cowork workingtime: the number of hours that a member spends on a day at the coworkdesk at a Location
  9. Guest hours: The total number of hours still to be spent which a member can use to allow a guest (Members' guest) to use coworkdesk of the affiliated Locations.
  10. Late Cancellation: the circumstance that the Member does not cancel a coworkdesk reservation in time, or at least cancels it less than 30 minutes before the start of the reservation.
  11. Late Cancellation Fee: amount (or number of hours) that a Member owes to Flexdeskpass in case of a Late Cancellation.
  12. Location: a company affiliated with Flexdeskpass that offers coworkdesk under the Membership.
  13. Member: the natural or legal person who uses the Membership and has registered an Account with Flexdeskpass for this purpose.
  14. TMember's guest: The natural or legal person who uses the coworkdesk of the affiliated Locations as a guest of and together with the Member
  15. Membership: the Flexdeskpass membership that entitles you to use the coworkdesks of the affiliated Locations against periodic payment.
  16. Membership Fee: the fee that a Member owes to Flexdeskpass per Period.
  17. No-Show: the circumstance that the Member has made a Reservation for a coworkdesk, but does not cancel in time and does not show up.
  18. No-Show Fee: amount (or number of hours) that the Member owes to Flexdeskpass in case of a No-Show.
  19. Open coworkdesk: the coworkdesk where no prior reservation is required for participation.
  20. Period: the period of 1 calendar month that starts when the Membership starts and within which the limits on the number of cowork workingtime (hours), Reservations and Check-ins apply. Each time after 1 calendar month, a new Period starts and the Member can again use the maximum number of agreed cowork workingtime (hours), Reservations and Check-ins within the Membership.
  21. Reservation: registering for, recording or booking a coworkdesk via the Website or the App of Locations affiliated with Flexdeskpass.
  22. Reservation: “reservation” means: making a Reservation via the Website and / or App.
  23. Website: the Flexdeskpass website www.flexdeskpass.com

ARTICLE 2. APPLICABILITY

  1. These general terms and conditions apply to the Membership, as well as any use of a coworkdesks and any use of the Account, Website or App by the Member.
  2. If one or more provisions from these general terms and conditions prove to be invalid, the other provisions will remain in full force. In that case, the invalid provisions will be replaced by Flexdeskpass with new provisions that will approach the purpose and purport of the provisions to be replaced as much as possible.
  3. By checking in for your guest (Member's guest), you represent and warrant that you are an authorized representative of the guest with the authority to bind such to these terms; and you and your guest agree to be bound by these terms.

ARTICLE 3. MEMBERSHIPS AND HOURS

  1. The Membership means that the Member has access to the coworkdesks of Locations as stated on the Website or App, upon payment of the Membership Fee.
  2. One Membership can be requested per person. It is therefore not possible to own multiple Memberships per person. Should Flexdeskpass discover that a Member is using more than one Membership, Flexdeskpass has the right to charge any discounts granted to the Member, for example by having this debited from the Member's account by direct debit.
  3. Own hours. Members will receive Cowork workingtime Hours per membership cycle to be used to visit a workplace of their choice available on our platform. For Light memberships, this equates to a total of 24 hours in all locations, during each such membership cycle. For Regular memberships, this equates to 80 total hours in all locations, during each such membership cycle. For Unlimited memberships, this equates to an unlimited number of hours at all locations, during each such membership cycle. Members cannot transfer or donate hours to third parties, including other Flexdeskpass members. Use of your own hours will be charged in increments of 15 minutes and the minimum use per check-in is 1 hour. For example, if the member has used 1 hour and 8 minutes of own hours in a coworking session, 1 hour and 15 minutes of their own hours will be charged. Flexdeskpass reserves the right, from time to time, at its sole discretion, to increase the number of eligible hours a Member may take in a particular cycle (such as under certain promotions that we may offer from time to time). Flexdeskpass does not guarantee the availability of workplaces.
  4. Guest hours. Members can purchase guest hours, which can be used to invite friends or colleagues ("guests") to join them at participating flex workplaces on our platform. Guest hours can be purchased at the rate applicable to your chosen membership. Current rates are indicated on the web page and in the mobile application, where guests are added. Guest hours must be purchased before use. The use of the guest hours will be charged in increments of 15 minutes and the minimum use per check-in is 1 hour. For example, if a member has used 1 hour and 8 minutes of guest hours for a guest in a coworking session, 1 hour and 15 minutes of guest hours will be charged. Members cannot transfer or give guest hours to third parties, including other Flexdeskpass members. Flexdeskpass does not guarantee the availability of seating for guests.
  5. Rollover hours. All unused eligible hours and guest hours will be carried over after that month has passed ("Rollover Hours"). Rollover hours are available for up to 3 months from the date of purchase, and any use of the hours is consumed first from the oldest hours. Rollover hours are transferred even if the membership plan is upgraded or downgraded, as long as the member has an active subscription to the Light, Regular, Unlimited plans. Rollover hours are not eligible for renewal if the eligible subscription to the Light, Regular, Unlimited subscription is canceled. Please note that any throughput hours not used on your account at the time of cancellation will be forfeited and cannot be exercised if the membership is reactivated in the future.
  6. Extra hours. Members may also use additional hours ("Extra Hours") if necessary if they have used all of their allocated hours on their current plan. Additional hours must be purchased before use. Current rates are indicated in the account settings, on the page where additional hours can be purchased.
  7. If you use or open an account on the site on behalf of a company, entity, or organization (a "subscribing organization"), you represent and warrant that you are an authorized representative of that subscribing organization with the authority to bind such organization to these conditions; and you agree to be bound by these terms on behalf of such a subscribing organization.

ARTICLE 4. OFFER AND ACTIVITIES

  1. The offer of Locations and coworkdesks that can be used with the Membership may vary from time to time. This also applies to the available times and the number of check-ins available to Members.
  2. The Membership gives the right to use coworkdesks of Locations within the Netherlands.

ARTICLE 5. RESERVATION OF ACTIVITIES

  1. The Membership offers Members the opportunity to use coworkdesks at different Locations. Flexdeskpass is allowed to attach a maximum to:
      1. the number of Locations where the Member can check in per day;
      2. the monthly number of Check-ins in which a Member with a Membership can participate;
      3. the number of Check-ins per Period in which a Member can participate per month at the same Location. This concerns the total number of days.
      4. the maximum number of Reservations that a Member may have outstanding in his / her Account.
  2. The Member can place a Reservation in advance via the Website or the App for Member and / or Member's guest for a Flex Workplace. For some Flex workspaces it is necessary to book in advance to access the Flex workspace. There are also flexible workplaces that cannot or need not be reserved.
  3. If a Location has several establishments, it is not the establishment that determines the Location, but the umbrella company. The total number of times that a coworkdesk can be used per month at a specific Location therefore applies to all establishments of the umbrella company.

ARTICLE 6. CANCELLATION OF A RESERVATION

  1. The location has at all times the option and the right to cancel the reservation without any specific reason.
  2. The period within which Reservations for a coworkdesks can be canceled by the Member is in principle 30 minutes before the self-specified start time of the reservation.
  3. A Member must cancel a Reservation no later than the set term, if the Member and / or Member's guest is unable to use the coworkdesk or does not wish to use it. If the Member fails to cancel the Reservation in time or does not show up, the Member of Flexdeskpass will receive a warning by e-mail.
  4. If a Member does not cancel a Reservation on time or does not show up, Flexdeskpass will charge the Member a No-Show Fee or Late Cancellation Fee of 1 hour (own hour for own bookings and guest hours for guest bookings).
  5. No-Show Fees and Late Cancellation Fees owed are automatically deducted from your own-hours or guest-hours balance.

ARTICLE 7. ACCESS TO COWORK SPACES AND CHECK IN AND OUT

  1. The Membership is personal and non-transferable. The Member must therefore always be able to identify himself at the Location. Therefore, the Member is obliged to upload a recognizable passport photo of sufficient quality in his or her account, so that the Location can verify whether the Membership is being used by the authorized person. A recognizable passport photo of sufficient quality means an authentic and personal passport photo of the Member.
  2. Member / Member's guest will gain access to a particular coworkdesk by checking in for Member / Member's guest via the app or website. Check-in must be done at or just before entering the Location. The Location will receive an email of this which also counts as the admission ticket of the member.
  3. For some coworkdesks it is necessary to book in advance to gain access. Check-in for these coworkdesks is therefore only possible if Member / Member's guest has reserved in advance.
  4. All coworkdesks can be visited without additional payment. It is possible that a small contribution is requested for coffee, tea or soft drinks. This is indicated on the Website and / or the App.
  5. When leaving the Provider's location, the member must log out (check out) via the app or website. The Cowork working time is the difference in time between the check-in time and check-out time, rounded to 15 minutes and with a minimum of 1 hour.
  6. If a member forgets to check out, the Cowork working time is calculated by the difference between check-in time and the closing time of the location specified by Location.

ARTICLE 8. HOUSE RULES

  1. By using the Membership, Members declare that they agree with the house rules of the Location visited, regardless of their name, and must follow the instructions of the employee (s) and the management of the Location. The house rules are usually available for inspection at the location and / or can be found on the website of the relevant Location. Member must ensure that Member's guest also agrees to the house rules of the Location visited, however named, and Member's guest must follow the instructions of the employee (s) and management of the Location.
  2. The employee (s) and the management of the Location have the right to request a Member / Member's guest, who does not comply with the applicable (house) rules and these general terms and conditions, to request to leave the relevant location or coworkdesk and if desired also to be excluded from a future visit. In that case, Member / Member's guest is not entitled to a refund of payments already made for the Membership. The Location is obliged to inform Flexdeskpass of this, whereby Flexdeskpass has the right to exclude the Member from further use in the event of multiple violations (of Member or Member's guest) by blocking the relevant App and the Member's Account. In the event of exclusion from visiting or blocking the App and the Account, the Member is not entitled to full or partial refund payments that have already been made for the Membership.
  3. In the event of (the suspected) theft, damage and / or destruction by Member at a Location, Flexdeskpass will provide the Location and the authorities with the personal data as known to Flexdeskpass of Member and / or Member's guest.

ARTICLE 9. THEFT, LOSS, ABUSE OR FRAUD

  1. If the Member suspects that the App and / or the Account is being used without his consent, the Member must immediately inform Flexdeskpass by email: info@flexdeskpass.com. Flexdeskpass will block the App and / or the Account in that case.
  2. If Flexdeskpass suspects that there is fraud or attempted fraud with the App and / or Account, the relevant App and / or the Account will be blocked.
  3. Flexdeskpass can recover the costs arising from fraudulent or improper use from the Member.
  4. Flexdeskpass accepts no liability for damage suffered by the Member, which damage is the result of loss, theft, misappropriation or improper use of the App and / or the Account. The App and / or Account used by the Member is strictly personal and can only be used on one smartphone at a time. The passport photo uploaded in the account must be of sufficient quality, so that the Location can verify whether the Membership is being used by the authorized person.

ARTICLE 10. SIGHT PERIOD

  1. Flexdeskpass offers new Members the possibility to dissolve the agreement within fourteen (14) days after activating the Membership. When the Member uses a free trial period, the start date of this free trial period will be the date on which the trial period commences.
  2. If the Member wishes to make use of this option within fourteen (14) days after activation of the Membership, the Member must notify Flexdeskpass of this via Website, App or e-mail: info@flexdekpass.com.
  3. Flexdeskpass will then refund the invoice amount to the Member pro rata within fourteen (14) days. If the Member has not used the Membership, the full invoice amount will be refunded. If the Member has made use of the Membership, that is to say: the Member has used at least one coworkdesk, the invoice amount will be refunded in proportion to the number of days after which it is dissolved. If the Member dissolves after ten (10) days, the invoice amount will be refunded minus 10/30.
  4. The trial period applies only to new Members, that is to say: Members who activate the Membership for the first time and therefore not to the reactivation of already existing, paused Memberships. Flexdeskpass reserves the right to refuse Members or to terminate a Membership if Flexdeskpass suspects that the Member concerned repeatedly uses the trial period (abuse).

ARTICLE 11. DURATION AND TERMINATION

  1. The Membership is a subscription that is entered into for an indefinite period and that can be canceled at the end of the current billing period of 1 calendar month, subject to a notice period of ten (10) days.
  2. Cancellation takes place via the Website or App. If a Member fails to cancel the Membership in time and with due observance of the applicable notice period, a new billing period of 1 calendar month will start after the end of the current billing period, after which the Membership ends.
  3. The Member can see in the Account at any time how long the current billing period of 1 calendar month lasts.
  4. After the Member has canceled the Membership, the data of the Member will remain stored in the system for twelve (12) months after the termination of the Membership. During these twelve (12) months, the Member has the option of simply reactivating the subscription, because his personal data is still stored. If the Member does not reactivate the Membership within twelve (12) months, the Account and the associated personal data will be automatically deleted. However, Flexdeskpass can keep the Member's telephone number and e-mail address stored anonymously for analytical purposes.
  5. A Membership can be (re) activated on any day of the month. The (re) activation of the Membership takes place by ordering the Membership via the App or Website and paying for the first term of 1 calendar month. Payment is made by iDeal or credit card.
  6. Members can use the Flex workspaces of Locations affiliated with Flexdeskpass immediately after (re) activation.
  7. If the Member wants the data to be deleted immediately after cancellation, the Member can submit a request to this effect to Flexdeskpass by e-mail. Flexdeskpass will comply with such a request within one month at the latest.

ARTICLE 12. PRICES AND PAYMENT

  1. For the Membership, the Member owes the Membership Fee to Flexdeskpass for 1 calendar month.
  2. Flexdeskpass reserves the right to make price changes. Flexdeskpass will notify the Member in writing of an intended price change. If a Member does not agree to an intended price change, the Member must cancel the Account before the date on which the price change takes effect and with due observance of the applicable termination agreements that are included in these general terms and conditions.
  3. Payment for the Membership is only possible by means of payment by credit card or iDeal via the Website or App. When paying the first installment, the Member gives Flexdeskpass permission for automatic collection of the follow-up periods until further notice. The collection of the Membership Fee owed is made every 1 calendar month and prior to the term to which the payment relates.
  4. If the Membership Fee due could not be debited, for example because there was insufficient balance in the specified bank account at the time of debit or because the Member provided incorrect payment information, and in the event that a Member reverses the payment for a Period, further use of the Membership will be blocked. The Member can still pay the costs due for the Membership via the Account and possibly choose an alternative payment method. However, the Member will continue to owe all due installments until the Membership is terminated in accordance with the terms.
  5. The Member will always receive a digital invoice by Email per Period.

ARTICLE 13. PROMOTIONS, TRIAL PERIODS AND FRIEND DISCOUNT

  1. Flexdeskpass regularly offers promotions for new Members whereby a discount applies for the first month (s) of the Membership. These promotions are not available for existing Members and no refund or compensation due to unused or missed promotions is possible.
  2. Flexdeskpass can temporarily offer free trial periods whereby new Members can use the Membership for a specified Period for free. A condition for the use of a trial period is that the new Member creates a full Account including payment details via the Website or App. After the trial period has expired, it will automatically be converted into a paid Membership. Before the end of the trial period, the new Member can cancel the Membership via the Website or App with immediate effect, if an automatic renewal is not desired. All other conditions associated with the membership also apply in full to the free trial period. These free trial periods are not available to existing Members and no refund or compensation due to unused or missed trial periods is possible.
  3. Flexdeskpass Members receive a unique personal friend link that can be shared with friends, acquaintances and family via e-mail, Facebook or Twitter. Everyone who signs up for the Membership via this friend link will receive a one-time discount on the first Membership Fee. The Member whose friend link has been used will receive a friend discount as a thank you for introducing a new Member. This friend discount is deducted from the payment of the next Membership Fee. The amount of these discounts is stated by Flexdeskpass on its website.
  4. The friend discount is automatically processed and only applies if the introduced Member has not previously been registered with Flexdeskpass as a Member. An applied Member can only use one friend link, if several friend links have been received, the discount will only be granted to the Member associated with the friend link used for registration. This discount cannot be combined with other discounts and promotions.
  5. The maximum friends discount that a Member can receive per calendar month for 1 term is the amount of one installment payment for the Membership. The fee will never be paid in cash, but will always be deducted from the installment payment.
  6. The friends discount will be deducted after the new Member has paid the first installment and only if the Membership is not terminated immediately after the first installment. If the Membership is canceled or dissolved by the appointed Member during the first Period, the friends discount will lapse.

ARTICLE 14. USE OF THE WEBSITE AND APP

  1. Members can write a review after each Flex Workplace visit, which will be placed on the Website and / or App.
  2. The Website and the App contain social elements that enable Members to cowork together. Members can search for other Members and get in touch with each other. Members who have come into contact with each other can view each other's Reservations, view each other's Flex Workplace history and send each other invitations to work from certain flex workplaces.
  3. Reviews are shown on the Website and the App at the Locations and the available Flex Workplaces indicate which Members have reserved these Flex Workspaces. These mentions will display the Members name and profile picture. If the Member does not want to be visible, the setting 'anonymous' must be selected in the Account.
  4. Uploading a profile picture in the Account is mandatory. This profile photo is used to identify Members by the Locations at check-in. The profile photo must be authentic, personal and recognizable. In the event that a profile photo does not meet these requirements, the Location or Flexdeskpass will inform the Member. In that case, the Member must upload a new profile photo via the Website or App. If the Member does not adjust the profile photo to the guidelines, after being informed of this, Flexdeskpass and the Location reserve the right to refuse the Member access to the premises.

ARTICLE 15. COMPLAINT PROCEDURE

  1. The Member directly enters into an agreement with Flexdeskpass regarding the use of the Membership. Flexdeskpass has in turn concluded agreements with Locations regarding access to the coworkdesks of Locations. By making single use of the Membership or the coworkdesks of a Location, the Member does not enter into an agreement with the Location.
  2. In case of complaints, the Member can always turn to Flexdeskpass. In addition, the Member can contact Flexdeskpass in the event of a dispute with a Location or with questions about the refund of subscription fees.
  3. Complaints regarding Locations, the services or products of Flexdeskpass, the use of the App, the Account or the Website must be reported to Flexdeskpass customer service in writing or by email as soon as possible.
  4. The correspondence address of Flexdeskpass customer service is: Heer Vrankestraat 25B, 3036LB Rotterdam. The email address is: info@flexdeskpass.com.
  5. Complaints can be reported no later than fifteen (15) days after the incident. If the period of fifteen (15) days has expired, the right to complain lapses. Members are requested to clearly describe a complaint and to enclose any evidence. Flexdeskpass will endeavor to resolve every complaint as quickly as possible and to your satisfaction.

ARTICLE 16. PRIVACY

  1. Flexdeskpass observes the requirements and guidelines for careful action as described in the General Data Protection Regulation. Members agree to Flexdeskpass storing usage data and personal information.
  2. Flexdeskpass is entitled to use the personal data stored by it for the implementation of the Membership and for marketing purposes.
  3. Flexdeskpass uses the personal data of the Member exclusively for its own business operations and does not make this data available to other parties.
  4. The Member agrees to receive relevant news and offers from Flexdeskpass by email and social media or by other means (for example, a message via the App). The Member can unsubscribe from any of these information facilities via the Account.
  5. Flexdeskpass uses cookies on its Website. For full use of the Flexdeskpass Website, permission from the Member for the use of cookies is necessary.
  6. For a complete overview of how Flexdeskpass deals with the privacy of its Members and visitors, see the privacy policy.

ARTICLE 17. LIABILITY

  1. Flexdeskpass's liability only extends to the correct execution of agreements concluded by it, in particular the Membership.
  2. Access to coworkdesk and all other services offered via the site are offered and provided by third parties, not Flexdeskpass. You agree that the presence or use of such a coworkdesk or other services is at your own risk.
  3. In the event of an attributable shortcoming of Flexdeskpass in the fulfillment of its obligations under an agreement concluded with the Member, Flexdeskpass is only obliged to still fulfill the obligations for Flexdeskpass arising from the agreement with the Member, as well as to pay a compensation pro rata for the Period during which the Member was unable to use the services of Flexdeskpass as a result of this attributable shortcoming. The amount of this compensation will in all cases be limited to a maximum of the amount that the Member has paid to Flexdeskpass during this Period under the agreement concluded between the parties.
  4. Except in the event of intent or deliberate recklessness on the part of Flexdeskpass or its subordinates, Flexdeskpass' liability for damage, both direct and indirect, arising from any agreement or delivery of goods or services is excluded.
  5. Flexdeskpass accepts no liability for damage, both direct and indirect, that the Member and / or Member's guest suffers before, during or after or as a result of a visit to a location and / or use of a coworkdesk of a Location, including but not limited to personal injury or damage as a result of loss of income. Use of the coworkdesks offered by affiliated Locations is expressly at the Member's and / or Member's guest's own risk.
  6. Flexdeskpass accepts no liability for damage, both direct and indirect, that the Member and / or Member's guest suffers by working from desks and office chairs that due to their (fit) shape and / or (standard) setting do not provide the optimal seating position for Member and Member's guest concerns, including personal injury or damage resulting from loss of income.
  7. Unless otherwise expressly stated by Flexdeskpass, Flexdeskpass, its suppliers and partners do not warrant or represent (i) that the Site and all downloadable software, content, services are error-free, that defects will be corrected, or that the Site and all downloadable software, content, services or applications made available in connection with or through the site or the server making them available are free from viruses or other harmful components.

ARTICLE 18. AMENDMENTS AND PLACE

  1. Flexdeskpass has the right to change these general terms and conditions at any time.
  2. Unless otherwise stated, the amended terms and conditions will take effect after publication and / or notification to the Member. The changed conditions replace the previous version of the general conditions. If the Member does not wish to accept the new conditions, the Member is entitled to terminate the agreement with Flexdeskpass on the date on which the amended conditions take effect. Cancellation under this provision is made in writing by email to: info@flexdeskpass.com
  3. The latest new version of the general terms and conditions can be found on the Flexdeskpass website.

ARTICLE 19. APPLICABLE LAW AND CHOICE OF FORUM

  1. Dutch law applies to all relations between the Member, Member's guest, the Location and / or Flexdeskpass.
  2. All disputes that cannot be resolved in accordance with the complaints procedure referred to in Article 15, and that arise from an agreement to which these general terms and conditions apply in full or in part, or from other agreements that are a result of such an agreement, will be adjudicated by the competent court in the district of the location of Flexdeskpass, unless a mandatory legal provision precludes this. This does not affect the fact that Flexdeskpass can agree with the Member or the Location to have the dispute settled by means of independent arbitration.

    TRANSLATION ONLY – DUTCH VERSION IS GOVERNING Again, for the sake of clarity and for the avoidance of doubt: this is translation-only from our Terms and Conditions in Dutch. This translation is provided as a service to our non-Dutch speaking website visitors. The Terms and Conditions in Dutch are governing.