General terms and conditions

Part A - Introduction and terminology

1. Introduction

These General Terms and Conditions ("GTC") govern the use of the Flesk Platform, which is operated by Flesk AG ("Flesk", "we", "us", "our(e)").

2. Terms

Part B - Special content for the Workspace

3. Services

3.1 Flesk services

3.1.1 Deployment and operation of the platform

Flesk provides the Flesk platform and ensures its operation.

Registered workspaces are published on the platform and can offer Flesk products and publish content.

3.1.2 Providing an admin tool for workspaces

Flesk provides the registered Workspace with access to a portal with a personal login ("Admin Tool"). There, the workspace can manage the following data and content, among others:

In addition, Flesk provides various services in this portal, including detailed information on individual bookings.

3.1.3 Remuneration for the booked services

If the workspace's Flesk products are bindingly booked via the Flesk Platform (see 8.0 in this respect), Flesk is obliged to remunerate the workspace for these bookings.

3.2 Workspace Services

3.2.1 Registration on the Flesk platform

The workspace registers on the Flesk platform and records the Flesk products that it wishes to offer. These must meet the current product descriptions published on the Flesk platform.

Flesk reserves the right to refuse the registration of a workspace without reason.

3.2.2 Granting temporary rights to content on Flesk platform

In order to register, the workspace must upload, store and publish content such as text and photos and, if applicable, other materials or information ("Content") on the Flesk platform.

By uploading such content, the workspace grants Flesk a non-exclusive, worldwide, royalty-free license to such content. The license applies to the use, distribution and utilization of the content to promote the Flesk platform, in particular on the internet and social networks.

Personal data is excluded from this regulation. Our privacy policy applies to the processing of personal data: Privacy Policy | Flesk

3.2.3 Transfer of Temporary Rights to the Flesk Products

The workspace grants Flesk the right to sell Flesk products of the Workspace booked via the Flesk platform to employers at the time of booking under temporary assumption of all rights and obligations on its own responsibility for the duration of use.

Flesk assigns to the workspace the right to exercise the domiciliary rights applicable in the workspace towards users.

Flesk claims against the workspace, in particular claims for damages due to deviations of the Flesk products offered by the workspace from the description on the platform pursuant to Section 3.2.7 or any defects of the Flesk products offered by the workspace shall remain unaffected by the assumption.

3.2.4 Confirmation of booking requests

The Workspace undertakes to confirm booking requests for meeting rooms as promptly as possible within a period of 4 hours. Booking requests for workstations and boxes are automatically confirmed based on availability.

3.2.5 Provision of the booked Flesk products

The workspace undertakes to provide the bindingly booked Flesk products as described by it on the Flesk portal at the time of the booking. For the booking and cancellation modalities, see section 7.0.

3.2.6 Guaranteeing the check-in process

The workspace agrees to provide the information required to use the Flesk products on site, including the QR codes provided by Flesk for check-in.

3.2.7 Keeping information up to date on the Flesk platform

The workspace agrees to keep all information it enters on the Flesk platform current, true and complete, including:

4. Prices, remuneration and payment modalities

4.1 Prices

The prices and VAT rates, entered by the workspace on the Flesk platform at the time of booking, apply.

These may not be set higher than the prices charged by the workspace to third parties.

4.2 Billing periods

Flesk settles all bookings made within a calendar month within the following month and transfers the amount to the workspace via the payment details stored on the Flesk platform at that time.

4.3 Invoicing

The Workspace authorizes Flesk to settle the bookings of its Flesk Products made via the Flesk Platform and to pay out the amounts less commission to the Workspace without issuing an invoice. The billing document that Flesk makes available to the Workspace in its online portal on the Flesk platform and, if required, by email shall be deemed to be the invoice.

Changes to the commission amount may be announced by Flesk in writing with a notice period of 30 days.

If the workspace does not object to the statement in writing within 10 days, it shall be deemed accepted.

Part C - Special content for the employer

5. Services

5.1 Flesk services

5.1.1 Deployment and operation of the platform

Flesk provides the Flesk platform and ensures its operation.

Employers can register on the Flesk platform and authorize their employees to book and use Flesk products.

5.1.2 Deployment of Flesk Services

Flesk offers the service subscriptions published on the website.

Each subscription includes the following elements:

Please refer to Section 6 for the regulation on credit balances.

5.1.3 Deployment of an admin tool for employers

Flesk provides the registered employer with access to a portal with a personal login ("Admin Tool"). There, the employer can manage various data and content.

In addition, Flesk provides various services in this portal, including detailed information on individual bookings.

5.2 Employer Benefits

5.2.1 Maintaining up-to-date information on the Flesk platform

The employer undertakes to keep all the information it records on the Flesk platform up to date.

6. Prices, payment methods and credits balance

6.1 Prices

The prices published on the Flesk website at the time of purchase apply to Flesk's services.

6.2 Payment terms

Flesk offers an invoice as a payment method for employers.

Flesk invoices all services in advance. Service subscriptions and credits are only activated after payment has been received.

6.3 Exclusion of refunds

Employers are not entitled to a refund of purchased service subscriptions and credits.

6.4 Credits balance

For each service subscription, a billing period of 1 month (Monthly), 3 months (Quarterly) or 12 months (Yearly) can be selected.

A billing period begins on the 1st day of each month and ends on the last day of the month following the end of the selected billing period.

The costs are invoiced in each case before the start of the new subscription period for the selected billing period.

6.5 Credits balance

Each subscription contains a certain number of Flesk Credits. At the start of the subscription period, all credits available for the selected billing period are activated. (Credits that have not been used up during a subscription period will be carried over into the new subscription period and accumulated. There is no entitlement to a refund of credits. Transferring credits to another contractual partner of Flesk is not permitted. Bookings of Flesk products are charged directly to the Credits balance. The credits balance cannot be overdrawn.

The bookings made and the current credits balance can be viewed at any time in the employer's admin tool.

In addition to the subscriptions, separate credit packages can be purchased ("Top-Ups"). The same conditions apply to "Top-Ups" as to subscriptions.

6.6 Subscription adjustments

A change of the subscription is possible at any time, provided that it is an upgrade. The change to a smaller subscription (downgrade) is possible with a notice period of one month to the end of the current subscription period.

The billing period can be adjusted with one month's notice to the end of the current billing period.

6.7 Term and termination

Unless otherwise stated, subscriptions have an unlimited duration.

Subscriptions can be cancelled with one month's notice to the end of the current subscription period.

Unused credits from subscriptions and top-up packages expire when the subscription is cancelled. There is no entitlement to a refund.

Part D – Provisions for Flesk Rooms

7. Bookings on Flesk Rooms

7.1 General

By submitting a booking request, the customer submits an offer to conclude a service contract with Flesk based on the details specified in the request. Flesk will review the booking request within one business day and inform the customer of either a confirmation or a rejection. The booking becomes binding only after the customer confirms the acceptance via email.

7.2 Prices

The prices published on the Flesk website at the time of the booking request apply. In addition to the stated hourly rate, a service fee of 5% is charged.

7.3 Payment Terms

Payment is required in advance. The available payment method is by invoice. As part of the booking request, the customer is required to provide the necessary billing details, including name and billing address.

7.4 Cancellations

Cancellations are possible up to 48 hours before the scheduled appointment. If canceled within this period, all obligations, including payment obligations, are waived. In the case of a late cancellation or no-show, the customer is not entitled to a refund of any payments already made.

Part E - General provisions

8. Bookings and cancellations

8.1 Concluding a binding booking

The registration of a Flesk product by a workspace on the Flesk platform in combination with the indicated availability constitutes a binding offer. A legally binding contract between the workspace and Flesk is concluded by the confirmed booking ("binding booking") of a user. The workspace must then provide the Flesk product as described on the Flesk platform at the time of the booking for the booked period of use.

The binding nature of a booking is subject to cancellation in accordance with section 8.2.

8.2 Cancellation modalities

Users can cancel a confirmed booking within the following deadlines without charging the credits balance:

No obligations (including payment obligations) arise between the contracting parties for bookings cancelled in due time.

For later cancellations by the user, a cancellation fee in the amount of the respective booked service will be charged to the credits balance of the employer. In this case, the workspace is entitled to payment of the respective booked service at the conditions according to section 4.

9. Availability and support

9.1 Availability of the Flesk platform

Flesk provides the platform with the highest possible availability. The operation is monitored. Malfunctions are corrected as quickly as possible.

Flesk reserves the right to carry out maintenance work on the platform, which may involve temporary interruptions of service.

9.2 Assistance

Flesk will respond to inquiries (by email or telephone) of the contracting parties regarding the Flesk platform and further services of Flesk by telephone or in writing as soon as possible within normal business hours.

10. Warranty and liability

10.1 Flesk liability

Liability for any indirect damages and consequential damages is excluded in full.

Liability for direct damages is limited to the amount of the service purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damage to Flesk immediately.

Any liability for auxiliary persons and services of third parties is fully excluded.

Flesk does not guarantee the trouble-free availability of the services. Technical errors, maintenance work and other reasons (e.g. relaunches) can lead to interruptions in operation and access. No claims against Flesk can be derived from this.

10.2 Workspace and employer liability

The workspace and the employer are liable for the information they record on the Flesk portal.

The Workspace is liable for the provision of bindingly booked Flesk services in accordance with section 7.

10.3 Liability for damage to the Workspace

The user and his/her employer shall be liable for any damage to workstations, meeting rooms, equipment and furniture in the workspace caused by the user himself/herself or by third parties (except workspace staff) in connection with his/her stay.

11. Data protection

11.1 Protection of personal data

The collection and use of personal data in connection with the use of the Flesk platform is explained in our privacy policy: Privacy Policy | Flesk

12. Conclusion of Contract, Term of Contract, Termination

12.1 Conclusion of contract

The contract between the contracting parties comes into force with the registration of the workspace or the employer on the Flesk platform confirmed by Flesk.

12.2 Contract duration

The contract is concluded for an indefinite period.

12.3 Ordinary termination

The following applies to Workspaces: The contract may be terminated by either party at any time with one month's notice to the end of the month.

For employers see section 6.7

The workspace or the employer may give notice of termination by email. Flesk will send the termination in writing by email to the workspace.

12.4 Extraordinary termination and blocking

Flesk reserves the right to terminate the contract with immediate effect and/or to block or delete accounts and content if:

In the event of an extraordinary termination or account blocking, all bookings already confirmed will be cancelled. A workspace is neither entitled to compensation for the bookings already made that have been cancelled nor to compensation for the minimum duration. If the measure is directed against an employer or user, all bookings shall be cancelled in accordance with the cancellation conditions under Section 8.

13. Amendment of these GTC

13.1 Amendment of these GTC

Flesk reserves the right to change these GTC at any time.

Flesk shall inform the contracting parties of the "Amended GTC" by e-mail no later than 30 days before the effective date and publish them on the website.

In the event of an amendment to these GTC, the contracting parties shall have a right of termination without notice and free of charge until the amended GTC come into force. Without written rejection and / or termination on the part of the contracting party within this period, the consent to the amended GTC shall be deemed granted.

14. Final provisions

14.1 Salvatory clause

Should individual provisions of these GTC be wholly or partially void and / or ineffective, the validity and / or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and / or ineffective provisions shall be replaced by such provisions that come closest to the meaning and purpose of the invalid and / or ineffective provisions in a legally effective manner economically. The same shall apply in the event of any loopholes in the provision.

14.2 Authoritative version

In case of questions of interpretation between the different language versions of these GTC, the German version shall prevail.

14.3 Law and place of jurisdiction

Swiss law shall apply. The place of jurisdiction is Zurich.

Zurich, 21.02.2025