S-Bahns Terms of Service
Introduction
These Terms and Conditions (the “Terms”) apply to use of the website www.sbahnstudio.com (the “Site”) and for the provision of Services from us (“S-Bahn”, “we”, “us”, “our”) via the Site.
We offer creative studios for DJ production.
These Terms set out how to book a studio with S-Bahn and use our services, and describe any associated rights and responsibilities.
Any instructions, guidance and similar information found on other parts of the Site also apply to how you use the Site and Services and form part of these Terms, including but not limited to Schedules A (relating to Extra Fees and Charges) and B (the House Rules).
Please read these Terms including all the Schedules before registering an account and purchasing Services offered by us. By purchasing Services from us, you are confirming that you have read the Terms and agree to be bound by them. These Terms form a legal agreement between you and S-Bahn.
1. ABOUT THE SITE, THE TERMS, THE SERVICES
- 1.1 These Terms contain some capitalised words which have been given specific meanings. Some of these defined Terms are listed below:
- 1.1.1 „“Consumer” means you are an individual and you are buying Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession);
- 1.1.2 “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
- 1.1.3 “S-Bahn Studio” means a studio operated by S-Bahn;
- 1.1.4 “Order” means an order made for a Reservation via the Site;
- 1.1.5 “Reservation” means the reservation by you of a S-Bahn Studio;
- 1.1.6 “Services” means S-Bahn Studio hire;
- 1.1.7 “User Content” means any content provided by you which is uploaded; posted or otherwise provided to the Site or contributed or recorded in the S-Bahn Studios.
2. PARTIES TO THE CONTRACT AND CONCLUSION OF THE CONTRACT
- 2.1 The contract between you and us regarding the use of the Services is concluded by electronic registration by you on the Site. By submitting an offer, you acknowledges the Terms as binding. Acceptance of the Terms is a prerequisite for use of the Site.
- 2.2 Contracting party is S-Bahn Studios, Elementenstraat 16 1014AR Amsterdam
- 2.3 Only the English language is available for the conclusion of the contract.
- 2.4 The contract and the Terms will be stored by us and sent to you via email.
3. REGISTRATION, ACCOUNT AND PASSWORD
- 3.1 You will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address to register for an account on the Site (“Account”). You may only use your Account for your own benefit.
- 3.2 By using the Site you confirm that you are not acting for the benefit of any other person.
- 3.3 The Username and Password will be allocated to you. You may need your Username and Password to access some parts of the Site. Your Username and Password are personal to you and must not be disclosed to any other person.
- 3.4 You must ensure that all information about you that is held by us is true, complete, not misleading and up to date. This includes using your given name or, where agreed expressly by S-Bahn, a stage or professional name that you are known by for the purposes of fulfilling work or entertainment.
- 3.5 You can amend your registration details at any time through the Site.
- 3.6 We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Site under your Account or any other use of your Username and Password.
- 3.7 You may only hold one Account. If you forget your Username or Password, you can use the password recovery option or contact us and we will provide a replacement password. Holding more than one Account is strictly prohibited.
- 3.8 Do not share your Password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use of your Password or Account by any other person. If you think any other person knows your Password, or that your Account has been used by any other person, you must inform us immediately.
4. RESTRICTIONS AND OBLIGATIONS
- 4.1 You agree to comply with all applicable laws and regulations, and all rules applicable to the use of the Site and the Services.
- 4.2 You agree not to:
- 4.2.1 impersonate any other person or entity;
- 4.2.2 falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
- 4.2.3 falsely describe your affiliation with another person or entity;
- 4.2.4 use or attempt to use another’s Account;
- 4.2.5 solicit personal information (including passwords and banking information) from another person.
- 4.3 You acknowledge, agree and undertake:
- 4.3.1 that you are responsible for the safety and behaviour of all individuals who accompany you to the premises of a S-Bahn Studio as part of a Reservation and you shall not permit unknown members of the public to access the premises, including the S-Bahn Studio you have booked as part of a Reservation;
- 4.3.2 you and all individuals who accompany you to the premises of a S-Bahn Studio shall follow all Government guidance / laws applicable at the time of your Reservation and only attend S-Bahn Studios in numbers lower than any limit for numbers of people meeting together indoors as set out in the Government guidance / laws applicable at the time of your Reservation;
- 4.3.3 not to damage any equipment or other property made available at or by a S-Bahn Studio, and that you shall compensate S-Bahn for any such damage without limitation of cost. This includes, but is not limited to, equipment in communal corridors, spare cupboards, kitchens, toilets or in external communal areas such as car parks, and car park entry/exit gate systems;
- 4.3.4 not to conduct, plan or execute any parties or gatherings in any S-Bahn Studio including for the avoidance of doubt allowing over four (4) additional people in the room that are not connected to the use of the equipment, such as playing of musical instruments;
- 4.3.5 not to tamper, damage or cover up any CCTV equipment in any S-Bahn Studio and you shall compensate S-Bahn for any such damage without limitation of cost. This includes and is not limited to CCTV equipment in communal corridors, communal areas or in external communal areas such as car parks and studio entrances;
- 4.3.6 not to tamper, damage or cover up any fire alarms or fire safety equipment in any S-Bahn Studio, and to compensate S-Bahn for any such damage. This includes and is not limited to fire alarms and fire safety equipment in communal corridors, communal areas, kitchens or toilets;
- 4.3.7 to clear all of your own equipment, any rubbish or other materials brought by you or your guests into a S-Bahn Studio in bins provided before leaving S-Bahn Studio premises, to strictly refrain from smoking or vaping in S-Bahn Studio premises, and to reimburse us for reasonable cleaning costs which arise from your use of the premises;
- 4.3.8 to ensure that you and all such persons in attendance with you are aware of all applicable fire evacuation procedures and all fire and other safety rules available on the Site and provided on the premises by S-Bahn;
- 4.3.9 to ensure that you and all such persons accompanying you shall keep confidential any entry codes provided to enable you to access the premises of a S-Bahn Studio, and to let us know immediately if such entry codes are disclosed to any other person;
- 4.3.10 to vacate the premises of a S-Bahn Studio by the end of the time allotted to you as part of a Reservation, failing which we may charge you for any additional time at the standard rates prevailing from time to time;
- 4.3.11 to immediately report to us any damaged or missing equipment found by you or your guests on the premises of a S-Bahn Studio either through the Site, by email, live chat or by telephone, failing which, you may be charged for such loss or damage;
- 4.3.12 that you are responsible for any equipment you bring onto S-Bahn Studio premises, that you do so and/or use any available lockers/storage/bike storage facilities at your own risk, and that we shall not have any responsibility for damage, theft or loss of your equipment;
- 4.3.13 on bringing into a S-Bahn Studio any equipment, you agree that it is compliant with all safety standards and does not pose a risk to the operation and welfare of the equipment, lighting, power or other amenities provided by S-Bahn, as part of your Reservation;
- 4.3.14 not to bring or consume any dangerous or unlawful equipment, substances or materials onto S-Bahn Studio premises which includes but are not limited to illegal drugs, nitrous oxide, knives, guns or weapons of any kind or smoke machines;
- 4.3.15 to report any suspicious behaviour or mistreatment of a S-Bahn Studio to us immediately;
- 4.3.16 to adhere to all vehicle parking regulations and notices displayed, whether provided by the local authority or S-Bahn and that you use any vehicle parking facilities at your own risk and any property (including cars, bikes, motorcycles) is left there entirely at your own risk and Pirate cannot be held responsible for any damage, theft of or theft from, any vehicles including cars, vans, motorcycles, pedal bicycles, scooters or any similar mode of transport;
- 4.3.17 to pay us the specific extra fees and charges detailed in Schedule A where applicable;
- 4.3.19 to inspect any S-Bahn Studio before your Reservation starts and notify us of any damage within the first 15 minutes of your session otherwise you accept the Pirate Studio ‘as is’;
- 4.3.20 if we are not contacted within the first 15 minutes of your session, credit, refunds, booking extensions or alternative compensation, will not be offered.
- 4.3.21 to notify us of any damage which is incurred during your Reservation within 1 hour of the end of your Reservation;
- 4.3.22 not to breach any of the terms contained at Schedules B, C and D.
- 4.3.23 under 18s are not permitted onsite after 9pm
- 4.3.24 that all guests attending your booking will be declared and paid for at the time the booking was made or as part of an amendment to that booking made via the website before the booking start time.
- 4.4 The Terms contain an indemnity (an obligation to compensate us) at clause 11 which requires you to compensate us for any loss, damage, liability, expenses and costs (including reasonable legal fees) which we or any third party incur as a result of your breaching the terms of this clause 3 and these Terms generally.
5. RESERVATIONS
- 5.1 You may only make a Reservation:
- 5.1.1 if you are 18 or over;
- 5.1.2 you have set up an Account; and
- 5.1.3 if it is lawful for you to do so.
- 5.2 To make a Reservation, we may require you to provide us with identification or other documentation in order to help us prevent fraud or money laundering taking place. This may include photographic identification and recent proof of address. We may also undertake our own identity, fraud and credit checks including with the assistance of third party providers.
- 5.3 We may make alterations to these Terms or to the Site from time to time. If you are not happy with any alteration, you must stop using the Services and Site. If you keep using the Services, this will indicate your acceptance of these Terms as altered. We may notify key changes to you but you should review these Terms from time to time to ensure you are aware of any changes.
- 5.4 If you are under 18 years old you will need the permission of your parent/guardian to enter into these Terms, set up an Account and make a Reservation. Any Reservations for anyone under 18 must be attended by that individual’s parent or legal guardian.
- 5.5 The details of the S-Bahn Studios available will be clearly shown on the Site. We reserve the right to modify amend, terminate or otherwise our offered options and plans at any time at our sole discretion.
- 5.6 Reservations can be made via the Site only. It is your sole responsibility to ensure you have booked the correct Pirate Studio and submitted payment correctly.
- 5.7 Payments can be made online through the Site by credit or debit card. Payments can only be made by the named cardholder or with permission from the named cardholder.
- 5.8 When you place an Order the Site will indicate an amount which you authorise us to charge to your debit or credit card. You further authorise us to take payment of this pre-authorised amount or part thereof to reimburse us in respect of any loss, damage, liability, expenses or costs incurred as a result of your breaching clause 3. Provided that you have complied with these Terms, we shall remove any such pre-authorisation in respect of a Reservation within one week of the date of that Reservation.
- 5.9 Payments can be made for a Reservation with a credit from a Gift Card, credit from cancelled Reservations, or marketing campaigns. Gift cards must be redeemed within three months from the date of purchase. However, in the US and Germany, there is no expiration date for gift cards, and any unused credit balance on the Gift Card does not expire. Credit from cancelled Reservations expires 3 months from the date of the original Reservation booking. Credit from marketing campaigns can be expired at any time at our discretion.
- 5.10 You may only use one voucher within any 24 hour period. We reserve the right to reject or cancel any orders where you have used more than one voucher within any 24 hour period. We allow you to use vouchers strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum order value.
- 5.11 Please be aware where you book a S-Bahn Studio in a territory that you are not domiciled in that the local laws in the territory in which the Pirate Studio is based will apply. You herby confirm that you will read and agree to the terms applicable for that territory. Notwithstanding the foregoing, a person acting as a Consumer hereunder shall still be entitled to rely on the mandatory consumer law provisions where they are domiciled.
6. PAYMENT
- 6.1 Our acceptance of your Reservation will take place when you have paid and have received confirmation of your Order by email. You shall pay the full fee as indicated on making a Reservation.
- 6.2 Please note we may reject a Reservation if we are unable to process it, which could be due to an error on the Site or technical problems, in which case we will inform you, and not charge you and will refund you if your payment has already been made.
7. CANCELLING YOUR RESERVATION, REFUNDS, LATE CANCELLATIONS
- 7.1 You may reschedule or cancel your Reservation, 4 hours or more before the Reservation is due to start by using the Site. If you cancel the Reservation the value will be applied to your Account as credit. For cancellations made 48 hours or more before your session is due to start, credit on an Account may be returned as cash to your card or bank account at our discretion, to process such a request please contact us using the following links: UK, US, IE refunds; DE refunds
- 7.2 If you reschedule or cancel less than 4 hours before the Reservation, there will be no refund offered. If you arrive late for your Reservation, we cannot re-schedule or refund the Reservation.
- 7.3 In the event we reschedule or cancel your Reservation, we will contact you by email or telephone to inform you. We will offer you alternative Pirate Studio time, or a refund of the Reservation fee except in the event a reservation is cancelled due to a breach of these Terms and Conditions or a breach of the House Rules detailed below in Schedule D.
- 7.4 1-hour booking cancellation grace period: if you want to cancel a Reservation within one hour of booking it, you’ll get a full credit refund (unless it’s within 2 hours of when your Reservation is due to start).
8. COMMUNICATIONS
- 8.1 The Site provides means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication provided by the Site such as live chat. Notices that are applicable to all our customers shall be made available on the Site publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site. We will be deemed to have received a notice when we issue a confirmation to you. All emails (or other messages) we send are intended for the addressee only.
- 8.2 You accept that we have no control over any User Content as we do not moderate it. However, if you alert us to User Content that is unlawful we shall remove it from the Site.
- 8.3 Although we are not obliged to do so, we may remove or reject any User Content. You agree that we may process and store any User Content you submit to the Site.
- 8.4 You will not make available, post or transmit to the Site or record in a Pirate Studio any statement, material or other content, in any way, that:
- 8.4.1 is unlawful or may give rise to civil or criminal liability;
- 8.4.2 infringes any copyright or other intellectual property right of any third party;
- 8.4.3 infringes any third party's rights of privacy or rights of publicity;
- 8.4.4 includes any computer virus or other malicious software;
- 8.4.5 is abusive, pornographic, defamatory, discriminatory or obscene;
- 8.4.6 harasses any other person (including Pirate and their employees);
- 8.4.7 interferes with another user's use and enjoyment of the Site;
- 8.4.8 impersonates any moderator, administrator or any staff or any other person connected with Pirate;
- 8.4.9 contains the confidential information of any other person;
- 8.4.10 solicits passwords or personal information;
- 8.4.11 contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor's legal guardian);
- 8.4.12 exploits any other person;
- 8.4.13 we consider inappropriate; or
- 8.4.14 encourages or provokes any other person to do any of the acts listed above.
9. INTELLECTUAL PROPERTY RIGHTS
- 9.1 All Intellectual Property Rights in or arising out of or in connection with any content provided by us as a part of the Services shall be owned by us.
- 9.2 We and/or our licensors own all Intellectual Property Rights in and to the Site and the Services. Except as expressly stated herein, we do not grant you any Intellectual Property Rights in respect of the Site or the Services.
- 9.3 You hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to, use, distribute, modify, copy, reproduce, and publicly perform the User Content. You can end this licence anytime by deleting your Account.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
- 10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
- 10.3 We are not liable for business losses. If you are a consumer we only supply the Services for domestic and private use. If you use the Services for any commercial, business purpose we will have no liability to you for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
- 11.1 This clause 10 applies where you are using our Services or Site as a business, not as a Consumer. For example, where you are tutoring or running dance classes.
- 11.2 We provide Services on an “as is” and “as available” basis and we are liable only to provide our Services with reasonable skill and care.
- 11.3 We give no other warranty in connection with the Site and Services and we disclaim all liability for:
- 11.3.1 the accuracy, currency or validity of information and material contained within;
- 11.3.2 any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
- 11.3.3 any interruptions to or error of the Site or any part of a Pirate Studio or other communications network;
- 11.3.4 the infringement by any other person of any copyright or other Intellectual Property Rights of any third party through any use of the Site or Services;
- 11.3.5 the availability, quality, content or nature of external sites;
- 11.3.6 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Site or Services; and
- 11.3.7 all representations, warranties, conditions and other Terms and conditions which, but for this notice, would have an effect.
- 11.4 We will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
- 11.5 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
- 11.6 To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.
- 11.7 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Site and/or Services (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the amount paid by you to us under these Terms in the 12 months immediately prior to the date upon which the cause of action arose.
12. OUR POLICY ON LOST ITEMS FOR ALL CUSTOMERS
- 12.1 S-Bahn will not have the capacity to check CCTV for a lost item or any similar purposes. S-Bahn shall not be held responsible for any items left behind.
- 12.2 In the event that an item is not found, you will receive communication regarding the situation. However, please note that S-Bahn will not be able to take further action beyond notification.
- 12.3 If you do not agree with these terms, S-Bahn will not be able to provide further assistance.
13. INDEMNITY
- 13.1 You and all individuals who accompany you to the premises of a S-Bahn Studio hereby agree to indemnify, defend and hold us and our officers, directors, owners, employees, contractors, agents, information providers, affiliates, licensors and licensees, (collectively, the “Indemnified Parties”) harmless from and against any and all damage, loss, liability, expenses and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:
- 13.1.1 any fraud or fraudulent misrepresentation you commit;
- 13.1.2 any inaccuracy or defect in any of the information you have provided to us;
- 13.1.3 any breach by you of applicable law or regulation;
- 13.1.4 any breach by you of these Terms; and
- 13.1.5 third party claims arising from your use of the Service, User Content or any use of the Site (whether or not such use was by you) and any of your Reservations.
- 13.2 You and all individuals who accompany you to the premises of a S-Bahn Studio shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
14. BREACH, SUSPENSION AND TERMINATION
- 14.1 Without limiting any other rights we have, we may suspend or terminate these Terms and the Services immediately if you breach any of these Terms.
- 14.2 If we have grounds to suspect that you are using the Services fraudulently or improperly, we will suspend your Account until you are able to demonstrate to our satisfaction:
- 14.2.1 your identity; and
- 14.2.2 that no fraud or impropriety has occurred or been attempted.
- 14.3 We will try to give you reasonable notice of any anticipated termination of the Services.
- 14.4 We may cancel, amend, suspend a Reservation or delete your Account at any time for any reason.
15. DATA
- 15.1 We will use the personal information you provide to us:
- 15.1.1 to supply the Services to you;
- 15.1.2 to process your payment for the Services;
- 15.1.3 if you agreed to this during the order process, to give you information about similar Services that we provide, but you may stop receiving this at any time by contacting us;
- 15.1.4 otherwise in accordance with our Privacy Policy contained on the Site.