Terms of agreement for reserving the City of Helsinki’s spaces and equipment

 

1 Scope of application

These terms of agreement apply to reserving the City of Helsinki’s spaces and equipment through the spaces and equipment booking service. By making a reservation or application in the spaces and equipment booking service, the customer accepts these terms and assures that the information provided is correct and sufficient. “The customer” refers to a private person or community making a reservation in the spaces and equipment booking service. “The service provider” refers to the City of Helsinki. “The spaces and equipment booking service” refers to the Varaamo service.

2 Reservation of spaces and equipment for use by residents

A binding agreement will be created between the customer and the service provider when the customer has successfully reserved spaces or equipment in the spaces and equipment booking service and the reservation is displayed with the “approved” status. The reservation is subject to separate space -specific payment and cancellation terms and any other space-specific terms of agreement. If the space-specific terms of agreement conflict with these terms of agreement, these terms of agreement will prevail.

You cannot reserve a space directly through the spaces and equipment booking service if one or more of the following statements are applicable to the event:

1. At least 200 people are estimated to be present at the same time.
2. Open fire, fireworks or other pyrotechnic products are used, or flammable or explosive chemicals are used as special effects.
3. The event site has unusual exit arrangements.
4. The nature of the activities causes particular danger to the premises, equipment, people or environment.
5. Other activities requiring a rescue plan are organised.
6. The event is a demonstration.
7. The event is a filming or photo shoot. Filming or photo shoots on the premises must always be agreed separately and are subject to separate price lists and instructions.

The spaces cannot be reserved or handed over to the customer if the event violates the UN’s International Convention on the Elimination of All Forms of Racial Discrimination or if the customer or event organiser engages in or plans criminal or violent activities.

The reservation of spaces and equipment through the spaces and equipment booking service is subject to the principles of use by residents of the city’s premises (Kaupungin tilojen asukaskäytön periaatteet, 20 August 2018, Section 505). The customer must be at least 18 years old when making the reservation. However, persons over the age of 15 and legally incompetent persons may use the service to make reservations that are considered normal and insignificant. Persons under the age of 15 can only reserve
such spaces and equipment that are marked in the service as permitted for persons under the age of 15.

Customers can be given mandatory space-specific operating and safety instructions relating to the tidiness and maintenance of the space.

3 Customer’s responsibility

The customer is responsible for the safety of the activities. The maximum number of people allowed in the space is indicated in the description of the space. The customer is responsible for ensuring that the maximum number of people is not exceeded. The customer must immediately inform the service provider of any defects in the premises, equipment or movable property. The equipment must be used according to the instructions given by the service provider. The customer is responsible for the final cleaning as agreed and maintains the basic cleanliness of the reserved space during use.

Smoking is prohibited indoors and in outdoor areas intended for minors, such as the courtyards of schools, play parks and youth spaces. Unauthorised overnight stay is prohibited.

The customer is responsible for ensuring that the activities or planning of the activities are in accordance with the law and good practice and do not infringe the rights of third parties. The spaces or equipment must not be used for publishing or disseminating material protected by copyright or similar rights without the permission of the copyright holder, or in any other manner that is harmful, offensive, damaging or illegal.

The event organised by the customer must be clearly distinguishable from the city’s own events. Communications for the event must not give the impression that the city is a co-producer of the activities.

4 Events and public events

Only a person of full legal capacity can reserve a space for a public event through the spaces and equipment booking service. As the organiser of a public event, the customer is responsible for the event and its impact. The customer is responsible for the overall safety of the event, also for programme services arranged by third parties. As the organiser of a public event, the customer is responsible for the notifications, plans, reports, permits and insurance policies required. If necessary, the customer is also responsible for the copyright fees for the event, such as the Teosto and Gramex fees.

As the organiser of an open public event, the customer is responsible for the accessibility of the event by choosing the right space.

5 Independent use of the premises

The spaces can be reserved for independent use without the presence of city staff or a city representative. In this case, the customer undertakes to ensure the safety and monitoring of the use of the premises independently. The customer must be of full legal capacity when reserving spaces for independent use. A space or piece of equipment can only be handed over for independent use to a person who has received an introduction into it. The right to use the space or equipment must not be handed over. The customer is responsible for ensuring that no unauthorised persons enter the premises.

6 Liability for damages

The customer must immediately inform the service provider of any damage to the movable property or structure of the premises.

The customer is obliged to compensate for the costs caused by the activities, such as special cleaning or security costs caused by an alarm. In addition, the customer is obliged to compensate for any damage to the premises, equipment or movable property caused by themselves during their reservation or by event participants. The customer is also responsible for any damage that occurs after the reserved period due to the customer’s or event participants’ actions. Any unreported damage will be invoiced afterwards according to the actual costs incurred.

If the customer loses a key or access pass they have received, the costs of key replacement and rekeying will be borne by the customer.

7 Damage, deficiencies and complaints

Any complaints regarding the equipment and condition of the premises must be addressed to the service provider without delay. The service provider is not obliged to compensate for any complaints made afterwards. If necessary, the service provider or its representatives have the right of access to the property for inspection or maintenance purposes.

8 Lost property

The service provider is not responsible for items left on the premises. Lost property will be treated as property found in a public place in accordance with the Lost Property Act. The customer is responsible for the costs incurred in returning lost property.

9 Payment, change and cancellation terms

The reservation of spaces is subject to separate space-specific terms for changing and cancelling the reservation as well as payment terms. The agreement requires the approval of the space-specific payment, change and cancellation terms.

10 Service provider’s right of cancellation and termination

The service provider is entitled to cancel the reservation in order to organise the City of Helsinki’s own service activities. In addition, the service provider may cancel the reservation due to force majeure or by order of authorities. If the service provider is unable to provide the reserved space, the service provider is entitled to change the time or duration of the customer’s reservation or to cancel the reservation.

If the service provider changes the time or duration of the customer’s reservation, the customer has the right to cancel the reservation within 7 days after the service provider has changed the time or duration of the reservation, even if the normal cancellation period is no longer valid. However, the customer cannot cancel the reservation less than 24 hours before the time of the reservation. If the customer cancels the reservation for the above-mentioned reason, or if the service provider exercises its right of cancellation for reasons beyond the control of the customer, the payment for the reservation will be returned to the customer without interest. The service provider will not reimburse any other direct or indirect costs arising from the cancellation of the reservation. The service provider is not obliged to offer replacement spaces or equipment to the customer.

The service provider is entitled to terminate the agreement with immediate effect if the customer or a participant in an event organised under the responsibility of the customer commits such negligence or action that materially violates these terms of agreement.

The service provider is also entitled to terminate the agreement with immediate effect if:

1. The customer or event participant violates the rules and instructions of the site or engages in activities that are criminal, dangerous or otherwise contrary to the agreement or are deemed inappropriate.
2. The customer or event participant plans criminal or violent activities.
3. The customer or event participant intentionally or negligently causes damage to the equipment, premises, property, themselves, third parties or the environment.
4. The event or its content differs from what was announced in advance.

If the reservation has to be interrupted due to disruptive behaviour of the customer or event participant, payments will not be refunded. If the event or its content differs from what was announced in advance, the customer can also be charged afterwards for the reservation in accordance with the price list.

The service provider will notify the customer in writing of any violation of the terms of agreement. Repeated failure to comply with the terms may result in cancellation of reservations and a temporary reservation ban.

11 Changing the terms of agreement

The service provider may amend or supplement these terms of agreement during the agreement period. The amended terms of agreement will apply to all new reservations made after the change. For reservations already made, the service provider will notify the customer of any changes to the terms of agreement at least 30 days before the changes come into effect. When the terms change, the customer is entitled to cancel the reservation before the changes come into effect. If the customer does not cancel the
reservation before the changes come into effect, the customer is deemed to have accepted the changed terms of agreement. If the customer cancels the reservation due to a change in the terms of agreement, the customer has the right to a refund without interest.

12 Limitations of liability and settlement of disputes

The service provider is not liable for any direct or indirect damage caused by cancellation or interruption, except for the fee paid for the space. The service provider is not liable for any error or delay caused by force majeure.

Incorrect price information does not bind the service provider if the price is clearly incorrect. The price information is incorrect, for example, if the difference between the price indicated in the service and the actual price is significant or if the incorrect price can be considered abnormally low compared to the general price level.

The terms of agreement and the spaces and equipment booking service are governed by Finnish law. Any disputes concerning the terms of agreement or t the spaces and equipment booking service will primarily be resolved through negotiations between the service provider and the customer. In the event that the aforementioned parties cannot reach an agreement, the disputes will be resolved by the Helsinki District Court if either party so requests. A consumer customer’s right to bring an action before a court is provided for in Chapter 10 of the Code of Judicial Procedure (4/1734). The consumer customer may also refer the matter to the Consumer Disputes Board.

If the translations of these terms give rise to a conflict of interpretation, the matter will be settled on the basis of the Finnish terms of agreement.

 

Published by the City Council on: 13 June 2022