ADDITIONAL CONSUMER TERMS

These additional consumer terms (“Terms”) apply only to the extent you are an individual and acting outside of your business, trade, craft or profession within the UK or European Union and/or a consumer as defined by statute (a “Consumer”).

Your particular attention is drawn to the section ‘Our responsibilities to you’ below.

How do these Terms apply?

These Terms apply to our Agreement in addition to the WeWork On Demand Membership Terms and Conditions, and in the event any of these Terms conflict with the terms of the WeWork On Demand Membership Terms and Conditions, these Terms will apply.

The WeWork On Demand Services are as set out within the WeWork On Demand mobile application (the “App”).

We will provide you with a copy of your Agreement (including the WeWork On Demand Membership Terms and Conditions and these Terms) with each Booking order confirmation by email. The WeWork On Demand Membership Terms and Conditions and these Terms are also available to you within the section marked “Legal” within the App.

Your Rights

We shall supply services with reasonable skill and care and in accordance with our Agreement.  If we do not do so, you may ask us to reperform the Services, and if reperformance is not possible at all or within a reasonable timeframe, you may be entitled to an appropriate refund.

Nothing in these Terms, the Terms of Use or the Membership Terms and Conditions will affect your legal rights and remedies which remain unaffected.

If you are a consumer living in the United Kingdom, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

Information on Right of Withdrawal

The rights below are in addition to our goodwill cancellation policy for each type of Booking, as set out on the relevant booking page of our App and in Section 10 of the WeWork On Demand Membership Terms and Conditions.

Right of cancellation

You have the right to cancel this Agreement within 14 days of booking without giving any reason. The cancellation period will expire 14 days after you make your booking. To exercise the right of cancellation, you must inform us of your decision to cancel this Agreement by sending us an e-mail at the email address listed in your booking confirmation or at [email protected]. If you’d like, you may use the below model cancellation form.

Effects of cancellation

If you cancel this Agreement within the cancellation timeframe set out above, we shall refund to you all payments received from you, within 14 days from our receipt of your cancellation notice. We will refund you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund.

If you requested that we provide the services during the 14 day cancellation period, you may still cancel the Agreement, but you will be required to pay us an amount which is in proportion to the Services provided until our receipt of your cancellation notice.

Model Withdrawal Form:

You may (but are not obligated to) use the form below to cancel your Booking. If you would like to use this form, please complete the form and send it to us by post (to the registered address of the relevant WeWork company in your country as set out above) or email ([email protected]):

I hereby give notice that I withdraw from my agreement of the following service,

Ordered on: [*]

Name of consumer:

Address of consumer:

Signature of consumer(s) (only if this form is notified on paper):

Date:

Our responsibilities to you

Section 16 (Waiver and release of claims) and Section 18 (Limitation of Liability) of the WeWork On Demand Membership Terms and Conditions will not apply to you if you are a Consumer. Instead, the following sets out our responsibility for loss or damage suffered by you.

If you are a Consumer living in either the United Kingdom or the European Union excluding Germany and Poland, the following applies:

We are responsible to you for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process. We are not responsible for any loss or damage that is not foreseeable.

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; and for breach of your legal rights in relation to the Services (as described under ‘Your rights’ above).

We are not liable to you for business losses. If you are a Consumer, we only supply the Services to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and these Terms will not apply.

If you are a Consumer living in Germany or Poland, the following applies:

We shall be liable without limitation insofar as the cause of the damage is based on intention or gross negligence.

Furthermore, we shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the Agreement, or for the breach of obligations, the fulfilment of which makes the proper performance of the Agreement possible in the first place and on the observance of which the customer regularly relies (cardinal obligations). In this case, however, we shall only be liable for the foreseeable damage typical for the Agreement. Subject to the following provisions we shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences.

The above limitations of liability shall not apply in the event of injury to life, body or health.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

Your responsibilities to Us

Section 19 (Indemnification) of the WeWork On Demand Membership Terms and Conditions will not apply to you if you are a Consumer.  Instead, the following sets out your responsibility for loss or damage suffered by us.

You are a Consumer living in either the United Kingdom or the European Union, excluding Germany, you will compensate us for any foreseeable loss or damage caused by you as a result of you failing to comply with our Agreement (for example, you will compensate us in relation to damage to property you cause whilst on Premises).

​​If you are a Consumer living in France:

●     Notwithstanding the terms of Section 13 (Membership Termination) of the WeWork On Demand Membership Terms and Conditions, we may restrict, suspend, or terminate your access to or use of your Membership account with immediate effect and without prior notice for compelling security reasons, including in a situation where we receive notice from a governmental, legislative, or other authority that such authority reasonably believes that you are using your Membership to conduct, participate in, or facilitate criminal or fraudulent activity, in performing your obligations under the Agreement. We may also restrict, suspend, or terminate your access to or use of your Membership account after we provide reasonable prior notice to you if you are in breach of this Agreement or our policies, or if you misuse your Membership.

●  Section 20 (Extraordinary Events) of the WeWork On Demand Membership Terms and Conditions is made mutual (excluding your payment obligations).

Your Agreement

This Agreement, including these Terms, will be stored by us in digital form for the purpose of processing the Agreement and kept in accordance with our privacy policy which can be found at www.wework.com/legal/global-privacy-policy. A copy of this Agreement (including the WeWork On Demand Terms and Conditions)  will also be sent to you by e-mail immediately after you click “Pay Now”. You can also find a copy of this Agreement in your email as long as you do not delete the email from your inbox.

Complaints

If you have any general complaints or wish to request further information about the App or the Services, please contact us via email at [email protected] or call us on the telephone number as set out under ‘Who is your contract with’ below, and we will do our best to resolve these.

Applicable law and disputes

The following sets out what laws apply to this Agreement and how you may bring a claim.

Governing Law: to the extent there are mandatory statutory consumer protection regulations in your country of residence which contain provisions that are more beneficial for you than those set out in Annex A-3: EMEA of the WeWork On Demand Membership Terms and Conditions, such provisions shall apply irrespective of the choice of English law.

Venue; Dispute Resolution: you may resolve your claim in any competent court in that country that has jurisdiction over the claim.

The following sets out your ability to resolve issues with us, without having to go to court:

●     If you are a Consumer living in the European Union, you may use the EU Commission's platform for online dispute resolution pursuant to Article 14(1) of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, and which can be reached via the following link: https://ec.europa.eu/consumers/odr/.

We do not participate in dispute resolution proceedings before a consumer dispute resolution board and we are not obliged to do so.

●   If you are a Consumer living in Germany, you may use the EU Commission's platform for online dispute resolution per the previous paragraph and pursuant to § 36 of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

●     If you are a Consumer living in France, you may decide not to use the EU Commission's platform for online dispute resolution per the above, and in such case, for any dispute which cannot be settled directly with us before any other action, you may, in accordance with the French Consumer Law Code provisions, and free of charge, contact the Ombudsman Services of the Paris Centre of Mediation and Arbitration (CMAP) to resolve the dispute amicably.

You may petition the CMAP as follows:

o  by using the online form available on the CMAP website at: www.mediateur-conso.cmap.fr,

o by email sent to: [email protected], or

o  by postal mail sent to: CMAP -Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris.

Who is your contract with?

You will contract with the WeWork entity as set forth in the WeWork On Demand Membership Terms and Conditions.  You can contact us at [email protected] or using the contact details below.

Booking Location

WeWork Entity you have contracted with

How to contact us

United Kingdom

WeWork Community Workspace UK Limited

Company number:  11387248

Registered Address: C/O Legalinx Limited, 3rd Floor, 207 Regent Street, London, W1B 3HH, United Kingdom.

Phone Number: +442039360773 / +442036957895

VAT number:  GB 244 2831 18

France

WeWork France SAS

Company type: simplified joint stock company (société par actions simplifiée)

Company number: 813 490 364  RCS Paris

Registered Address:  95 rue La Boétie, 75008 Paris

Phone Number:   +33 (0)1 86 65 25 41 / +33 (0)1 86 26 61 67

VAT number: FR 89813490364

Industry:  Holding company - Provision of shared office spaces and associated services

Germany

WeWork Germany GmbH

Company number:  Amtsgericht Berlin (Charlottenburg) HRB 169345 B

Registered Address: Thurn-und-Taxis-Platz 6

60313 Frankfurt am Main

Managing Director: Justin Jones

VAT number: DE 304629498

Ireland

WeWork Community Workspace Ireland Limited

Company number: 601694 

Registered Address: c/o Mason, Hayes & Curran, 6th Floor, South Bank House, Dublin, Ireland

Phone number:  +353 1 903 9302

VAT number: IE 3471569TH

Belgium

WeWork Belgium

Company number: BE 0707.629.054           

Registered Address:Avenue du Port 86C, Box 204 1000 Brussels Belgium         

Phone number:      +322 808-6636               

VAT number:BE0707629054                        

Czech Republic

WeWork (Czech Republic) s.r.o.

Company number: 072 95 456         

Registered Address: Panská 854/2 Nové Město Prague 1, 110 00, Czech Republic   

Phone number:  +420 228 882 803              

VAT number:  CZ07295456

Italy

WeWork Italy S.R.L.

Company number: MI-2513548        

Registered Address:c/o TMF Management Italy S.r.l. Corso Vercelli, 40 20145 Milano, Italy 

Phone number: +390282954028                  

VAT number: IT 10211170963 

Netherlands WeWork Netherlands B.V.

Company number: KvK: 61505439               

Registered Address: Weteringschans 165 1017XD Amsterdam Netherlands    

Phone number: +31208081143                    

VAT number: NL 8263.47.691.B01   

Sweden

WW Sweden AB

Company number: 559145-5950     

Registered Address: P.O. Box 16285 103 25 Stockholm, Sweden              

Phone number: +46 852 50 0269                 

VAT number: SE 559145595001   

Poland

WeWork Poland sp. z o.o.

Company number:  0000700819      

Registered Address:    ul. Towarowa 28 00-839 Warszawa, Poland    

Phone number:  +48223003814                   

VAT number: 5272824918