Anytime Music GbR
(Francesco Brucchietti, Maria Adam, David Schneider)
(hereinafter referred to as "AM").
AM operates a sharing service for music studio booths. Professionally equipped music studio booths (hereinafter referred to as "AM Studios") are rented to registered customers for practising, teaching and recording.
§1 Scope and definitions
(1) These terms and conditions apply to contracts between AM and its customers for the use of AM Studios. AM rents AM Studios to registered customers on an hourly basis for practising, teaching and recording, subject to availability. The respective equipment of the AM Studios including prices and details can be found on the AM website or the AM app or in the individual offer.
(2) AM reserves the right to make changes to the general terms and conditions and the overview of rates. Changes will be notified to the customer by notification in the app and or by email and by publication on the AM website. Any changes shall be deemed approved if the customer does not object to them in text form (e-mail) within one month of notification of the changes.
(3) "Customer" is any natural person or legal entity or partnership that has successfully and properly registered with AM and has concluded a valid individual or framework agreement with AM.
(4) "AM App" is a smartphone application that serves, among other things, as a means of access for reserving and renting AM Studios. Details on the availability and function can be found on the AM website or the AM app. Only the AM App is authorised for the rental of AM Studios.
§ 2 Obligations of the customer and prohibitions; contractual penalty
(1) The telephone number stored in the AM App must be used for contact between the customer and AM.
(2) The customer is obliged to:
a) to treat the AM Studio and the lounge area with care and consideration,
b) to immediately notify AM via the AM App or by e-mail of any defects, damage and soiling found on arrival and caused by himself/herself before use. In the event of serious defects, damage and/or soiling, the customer must contact AM by telephone using the telephone number provided in the app. AM may prohibit the use of the AM Studio if the safety of the equipment and use located in the studio appears to be compromised.
c) to lock and keep locked the main door of the AM Studio and the lounge area before, during and after use,
d) to check the completeness and proper functioning of the equipment (pianos, lights, ventilation, charging cables, any extras such as drum set, amplifier, speakers, microphones) before commencing use,
e) to check equipment not provided by AM in the AM Studio ("third-party equipment") which the customer intends to use in the AM Studio before putting it into operation. In case of damage due to the use of third party equipment by the customer, e.g. in the power circuit or in case of delays due to short-term problems in the power circuit, the customer has to pay for the damage.
§3 Conclusion of contract
(1) These GTC apply to the rental of AM Studios by individual rental agreement or framework agreement, as well as to the registration and validation by the customer.
(2) A contract between the customer and AM is concluded by entering the customer data (first and last name, private address, e-mail address, date of birth and personal mobile phone number) and accepting these GTC in the registration process. These GTC are supplemented by the tariff overview.
(3) In order to be able to conclude a contract with AM, the customer must have selected a means of payment (e.g. credit card, SEPA direct debit) during registration or in the AM app and have entered the required data. In this regard, AM reserves the right to demand credit card payment.
(4) By storing the credit card data and accepting the credit card as a means of payment, the customer authorises AM to debit the credit card account with all tariffs, flat-rate costs and contractual penalties that are payable by the customer to AM on the basis of the contract concluded between the customer and AM, including the included GTC and tariff overview.
(5) The account or credit card holder must be 18 years old and identical to the customer. The customer must keep the personal data stored in the AM user account up to date. This applies in particular to private address, e-mail address, personal mobile phone number and bank account or credit card data.
If the data is demonstrably not up to date (e.g. delivery of e-mail not possible, mobile phone number out of date), AM reserves the right to temporarily block the customer's user account.
(6) The conclusion of a framework agreement does not establish a claim to the conclusion of individual rental agreements either for AM or for the customer.
(7) AM reserves the right to refuse the registration of a customer.
(8) A customer may not have several user accounts with AM.
§ 4 Conclusion of individual rental contracts and reservation
(1) Only registered and validated customers can rent AM studios.
(2) Reservation for individual hours and hour packages.
A specific AM Studio can be reserved free of charge. The available reservation times can be found in the AM App. Subject to availability, the duration of the reservation can be extended in the app and the additional time reserved will be charged.
The reservation duration and the price for the AM Studio are displayed in the AM App in each case. The order can only be placed via the AM App. AM reserves the right to decide freely on the conclusion of individual contracts. AM can offer the customer another studio at a new price. AM is entitled to refuse an advance reservation if the selected studio is not available. If the advance reservation is successful, the customer will receive a corresponding confirmation (booking can be viewed in the profile in the app). The fee for individual hours is due after completion of the booking, hour packages are rentals of 10, 30 or 100 hours, which are paid in advance via the AM App. The credit is used to rent the studios, listed after each use. The current available credit can be viewed at any time in the customer profile.
(4) Cancellation of advance reservations.
The customer has the right to cancel advance reservations free of charge up to 24 hours before use. Cancellations made less than 24 hours in advance of the start of the rental period will incur a cancellation fee in the amount shown in the Rate Schedule. If no cancellation of an advance reservation is made, the agreed rental price must be paid.
(5) Change of advance reservations.
The customer may change his/her advance reservation. For each change, from 24 hours before the start of the reserved use, a rebooking fee in the amount shown in the rate schedule will be charged. In the event of an extension of the rental period, the rental price shown in the Tariff Regulations shall be payable for the additional rental period without a rebooking fee. Unused hours or rentals terminated prematurely with advance reservation (i.e. the customer leaves the AM Studio prematurely) will not be refunded. If a single hour is pre-booked, the term of the rental can only be extended. There is no change fee for this change.
In any case, the full rental price for the time used must be paid immediately after expiry of the rental.
(6) Maximum duration for advance reservations is 4 hours. Individual offers deviating from this are possible.
(7) The or when AM unilaterally terminates the rental agreement in accordance with these GTC.
(8) The maximum rental period of an individual rental agreement depends on the availability of the studio. The available rental period for each AM Studio is displayed in the AM App. AM reserves the right to unilaterally terminate individual rental agreements at any time if the respective maximum rental period is exceeded.
(9) AM is entitled to replace the AM Studio with another, comparable AM Studio at any time in consultation with the customer.
(10) Additional extras can be reserved in advance for an additional charge (e.g. drums, amplifier, specific tuning pitch of the piano). The availability and price of these will be displayed in the AM app in each case. AM is entitled to refuse the advance reservation if the selected extra is not available. If the advance reservation is successful, the customer will receive a corresponding confirmation. The fee for the extras is due upon advance reservation and will not be refunded even in the event of cancellation.
(11) The customer cannot revoke his declaration of intent to conclude the individual rental contract.
§ 5 User data and validation
(1) Customers who are natural persons must have their identity verified before they can conclude individual rental agreements. If the customer calls up the validation function in the AM app and has carried out the validation using their own mobile phone number, a validation contract is concluded with AM.
If the customer is a consumer, he has the right to revoke his declaration of intent to conclude the validation contract (see the revocation instructions under § 19).
(Is a verification of the mobile phone number sufficient to legally conclude a validation contract?)
(2) After successful validation, AM will activate the customer's access means for a maximum of thirty-six (36) months. To unlock for a longer period, the customer must go through the validation process again to prove the validity of their validation.
For non-EU/-EEA ID cards, the means of access will be unlocked for a maximum of six (6) months. Irrespective of this, AM reserves the right to ask the customer to prove his/her identity by showing a valid identity card at any time.
§ 6 Means of access (AM App)
(1) The means of access for the AM Studios is the AM App.
(2) To use the AM App, the customer must have a mobile phone that meets the technical requirements of the AM App. This is automatically checked each time the app is downloaded; AM cannot guarantee compatibility. The customer must ensure the possibility of mobile data communication and bears the costs of data transmission.
(3) The customer must report the loss or destruction of the mobile phone to AM immediately so that any misuse of AM's services can be prevented. In this case AM is entitled to block the customer profile immediately. The customer will be informed about the blocking of the customer profile via e-mail.
(4) It is prohibited to read, copy or manipulate access means using information technology methods. Violation entitles AM to immediately terminate all contracts concluded with the customer. The customer is obliged to compensate for any damages resulting from the infringement.
(5) During the registration process, the customer creates a password that gives him/her access to confidential information and functions in the AM App (e.g. rent AM Studios, view invoices, view/change personal/company data, with the help of which he/she can authenticate in the AM App and enter AM Studios). The customer is obliged to keep the password strictly secret and not to make it accessible to third parties. In particular, the customer may under no circumstances note the password on the mobile phone, save it there or store it in any other way in its vicinity. The customer undertakes to change the password immediately if there is reason to believe that third parties may have gained knowledge of it. In the event of infringement, the customer shall be liable for compensation for any resulting damage.
§ 7 Payment, credit balance
(1) The customer undertakes to pay the price applicable at the time of conclusion of the contract. This will be displayed to the customer in the AM App for each reservation. It is not possible to change the rate after the start of the rental. In the case of each rental of individual hours, payment is due upon termination of the individual rental contract. In the case of hourly packages, payment is due in advance, with a breakdown in the customer profile.
(2) AM may authorise a reasonable amount as a security deposit via the chosen payment method prior to the commencement of the rental. If a security deposit is required, AM will inform the customer and the security deposit will be agreed between the parties in the individual rental agreement.
(3) If an AM Studio rented by the customer is not usable, no rent will be charged to the customer. The customer must inform AM immediately, at the latest at the beginning of the rental period, by telephone via the telephone number specified in the AM App that the rented AM Studio cannot be used. If AM is not responsible for the fact that the studio cannot be used, there is no claim for compensation.
(4) Credit can be acquired in the form of a Euro credit or granted within the scope of sales promotions. The respective valid conditions apply.
(5) If a balances are used first. If the customer has no credit balance on his credit account - or if the usage exceeds the available credit balance - the customer's preferred means of payment will be used for settlement. The customer can view the current status of his credit balance at any time in the AM App. Contingents not used within the validity of the respective credit expire.
(6) The use of AM Studios shall be billed at the customer's discretion in the respective individual rental agreement either in accordance with the respective hourly package and/or in standard billing (per 15-minute interval or part thereof) (15-minute intervals or part thereof shall be billed as a full 15-minute interval).
a) Individual hours are only valid for one rental of an AM Studio.
b) Hours of an hour package shall apply to several rental processes of an AM Studio, unused hour components shall expire at the end of the rental period (§ 10).
(7) Payments shall be made according to the selected payment method. The customer is obliged to ensure that his (bank) account or the means of payment chosen by him, through which the direct debit or (SEPA) direct debit procedure runs, has sufficient cover. If the amount collected is debited back by the bank and the customer is responsible for this circumstance, the customer must pay the bank charges as well as a fee. AM reserves the right to reject means of payment specified by customers and to change the means of payment selected by the customer as the default means of payment among several means of payment specified by customers, of which the customer will be informed in advance if necessary.
(8) The customer may only assert a right of retention insofar as his counterclaim is undisputed, legally established or ready for decision.
§ 8 Assignment, direct debits
(1) AM is entitled to assign its claims arising from the contractual relationship to third parties. In this case AM is entitled to transmit the data required for the enforcement of the assignment to the assignee. The latter may not process or use the transmitted data for other purposes. The customer shall be informed of an assignment in the respective invoice at the latest. In this case, the customer can only make payments with debt-discharging effect to the assignee. AM remains responsible for general customer enquiries, complaints, etc.
(2) AM (or in the case of an assignment, the assignee) will announce SEPA direct debits to the customer at least 2 days before collection.
§ 9 End of Lease
(1) If the customer wishes to terminate a rental transaction, he is obliged to:
(a) properly lock the AM Studio,
b) to switch off all controllable electronic devices, instruments and lights and to set the ventilation to the minimum,
c) ensure that no personal belongings are left in the AM Studio,
(d) to ensure that no litter or gross debris is left in the AM Studio.
(2) The termination of a rental process is carried out by the customer via the AM App. The doors must have been locked beforehand. AM reserves the right to initiate the end of the rental period automatically after proper return of the studio. The rental period is ended when the end of the rental process has been confirmed in the AM App by closing the lock. The customer is obliged to ensure that the termination of the rental period is fully completed before the customer leaves the AM Studio. If the customer leaves the AM Studio even though the rental process has not been completed, the rental period shall continue to run at the customer's expense.
(3) If the rental process cannot be completed, the customer is obliged to inform AM immediately via the telephone number stored in the AM app and to remain in the studio until AM has decided on the further course of action. Any additional rental costs incurred will be refunded after inspection by AM if there is no fault on the part of the customer. A customer fault exists, for example, if the AM Studio does not allow the rental to be terminated because the doors have not been closed or the controllable lights have not been switched off. In this case, a flat-rate cost may be incurred.
(4) If studio accessories (e.g. charger, metronome, light, instrument) are no longer in the AM Studio at the end of the rental, AM is entitled to procure the missing accessories anew and to charge the customer for the damages and costs incurred for this. In addition, a processing fee will be charged.
(5) In the event of an accident which means that the studio can no longer be used, the rental period ends with the notification of the accident.
§ 10 Notification of accidents, damage and defects; repairs
(1) Accidents, damage and defects that occur during use must be reported immediately by the customer to AM by telephone using the telephone number specified in the AM App. The same applies to accidents, damage and defects that the AM Studio already exhibits at the start of the rental period.
(2) AM will provide the customer with a damage report form. This form must be completed in full and returned to AM within 7 days. If no damage report completed in full by the customer is received within 7 days, AM reserves the right to charge the customer for all damage-related costs, in particular to objects and studios.
(3) AM is in any case entitled to compensation payments in connection with damages to the AM Studio.
(4) At AM's request, the customer must allow AM to enter and inspect the studios at any time during the rental period.
(5) AM is exclusively responsible for the selection of service providers for any repairs or new purchases.
§ 12 Liability
(1) AM is liable for personal injuries caused to the customer due to an intentional or negligent breach of duty by AM or its vicarious agents, as well as for damages caused to the customer as a result of an intentional or grossly negligent breach of contractual duty committed by AM. AM is also liable for typical contractual damages incurred by the customer as a result of a material breach of contractual duty committed by AM, even if AM is only guilty of slight negligence. Otherwise, AM's liability for slight negligence is excluded. An essential contractual obligation in the aforementioned sense is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the customer regularly relies on and may rely on.
(2) Limitations of liability do not apply within the scope of guarantees given, in the event of injury to life, limb or health and for claims arising from the Product Liability Act.
(3) AM shall not be liable for damage caused by improper use of the AM Studios and objects provided by AM therein.
(4) The customer is liable to AM for damages for which he is responsible. This includes in particular violations of § 9, the theft of equipment and accessories (incl. pianos and grand pianos). In case of liability of the customer without insurance coverage of the studio insurance, the customer also indemnifies AM from claims of third parties.
(5) In the event of damage caused by the customer, the customer's liability also extends to consequential and indirect damage such as, for example, expert costs, reduction in value, loss of rent, additional administrative costs.
§ 13 Exclusion of use
(1) If a late termination of the rental period by a customer results in the subsequent customer being prevented from accessing the AM Studio on time at the beginning of his rental period, the late customer shall bear the damages resulting from the delay for AM.
(2) In the event of significant culpable breaches of contract, including a delay in payment, AM may temporarily or permanently exclude the customer from using the AM Studios with immediate effect. The customer will be notified of the exclusion by e-mail.
§ 14 Term, termination
(1) The framework agreement is concluded for an indefinite period of time and can be terminated in writing (e-mail suffices) by both contracting parties with a notice period of two (2) weeks to the end of the month.
(2) The right of the contracting parties to extraordinary termination remains unaffected. AM may in particular terminate without notice if the customer
a) as a consumer is in arrears with at least two due payments,
b) as an entrepreneur acts in the exercise of his commercial or self-employed professional activity when concluding the contract and is in default with at least two due payments,
c) has generally stopped making payments
d) has made incorrect statements or concealed facts during registration or in the course of the contractual relationship,
e) despite a written warning, does not refrain from serious breaches of the contract or does not immediately remedy the consequences of such breaches of contract which have already occurred,
f) has passed on his customer login data (AM user name and AM password) to another person contrary to § 3.
(3) In the event of termination without notice by AM, the customer's access to AM Studios shall be blocked immediately upon receipt of the notice of termination.
(4) If the framework agreement or the individual rental agreement has been extraordinarily terminated in accordance with the above section, AM shall in particular have the following rights:
(a) Claim for liquidated damages in the amount of the agreed rental rates until the return of the AM Studio(s) concerned as provided for in the agreement or, in the case of pre-booked packages, until the expiry of the agreed rental period, whichever is longer (this liquidated damages shall not be levied if the customer proves that it is not responsible for the damage incurred, that no damage has been incurred or that the actual damage incurred is less than the liquidated damages);
(b) claim for compensation for further damages (except for loss of profit). As compensation for damages, AM will charge the customer for the actual damage.
§ 16 General provisions
(1) Wir beachten unsere Datenschutzerklärung, die jederzeit auf anytime-music.com abrufbar ist.
(2) Rahmenvertrag, Validierungsvertrag und Einzelmietverträge unterliegen deutschem Recht.
(3) Ist der Kunde Kaufmann, juristische Person des öffentlichen Rechts oder hat er keinen allgemeinen Geri-chtsstand im Inland, ist München (Deutschland) ausschließlicher Gerichtsstand für Streitigkeiten aus und im Zusammenhang mit dem Rahmenvertrag, dem Validierungsvertrag und/oder den Einzelmietverträgen. Gesetzlich zwingende Gerichtsstände bleiben unberührt.
(3) Der Kunde darf Ansprüche oder sonstige Rechte aus vorstehenden Verträgen nur nach vorheriger schriftlicher Zustimmung von AM auf Dritte übertragen.
(4) Mündliche Nebenabreden bestehen nicht. Änderungen und Ergänzungen bedürfen der Schriftform. E-Mail genügt der Schriftform.
(5) Sollten eine oder mehrere Bestimmungen dieser AGB unwirksam oder nichtig sein oder werden, so bleibt die Wirksamkeit der übrigen Bestimmungen davon unberührt.
§ 17 Contact
(1) The customer may contact the contact details provided in the app and on the website anytime-music.com with questions, comments, complaints and to make other declarations by e-mail. Contact by telephone will only be made in urgent cases beyond those specified in these GTC.
(2) AM is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 18 Right of withdrawal
Consumers have a right of revocation according to the following conditions:
Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Anytime Music GbR, Hiltenspergerstraße 11, 80798 Munich or firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the sample below for this purpose. To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If youservices 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 notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
(If you wish to revoke the contract, please send the following details to:
Anytime Music GbR, Hiltenspergerstraße 11, 80798 Munich, Germany
I/we hereby revoke the contract concluded by me/us for the provision of the following service.
- Registered on ...
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)