Our General Terms and Conditions — Partner

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Hier ist die englische Übersetzung der Allgemeinen Geschäftsbedingungen:

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Preamble

Konfetti GmbH (hereinafter: konfetti) operates a platform for booking events by end customers, which are offered by partners on the platform. In this context, konfetti acts as a commercial agent. Bookings can be made by end customers directly via the platform.

Summary of the Most Important Points:

• No fixed contract term

• No exclusivity clauses

• Success-based remuneration for mediated bookings

• Fee-based partner plans for the use of the partner account and the associated platform services in accordance with the plan displayed in the partner account and confirmed by the provider or an individual agreement in text form

• Private events on request with prior agreement

• Marketing and customer service provided by us

Conclusion: You inspire people, we take care of the rest.

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§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter: Provider T&Cs) govern the legal relationship between you and us regarding the offering of your events via our platform.

(2) The version of the Provider T&Cs valid at the time of the agreement is authoritative. konfetti is entitled to amend these T&Cs in accordance with § 14a.

(3) Deviating terms and conditions of the provider will not be accepted. This also applies if their inclusion is not expressly objected to.

§ 2 Definitions

(1) End Customer: A natural or legal person who purchases or books a service (hereinafter: Event) for a specific period of time via the internet portal gokonfetti.com.

(2) Provider: Providers who can list and present events.

(3) Operator: The operator is Konfetti GmbH (hereinafter: konfetti).

(4) Platform: The konfetti website through which end customers can book services from the provider.

(5) End Customer Prices: The end customer price is the price of a ticket including all taxes and any applicable duties.

§ 3 Subject Matter of the Contract

(1) The providers entrust konfetti with the safeguarding of their interests and commission konfetti with the mediation, marketing, and sales of the offered events.

(2) The providers act as commercial providers (entrepreneurs).

(3) konfetti acts for providers as a commercial agent with the authority to conclude transactions and continuously protects the interests of the provider for the duration of the entrustment, taking into account the provisions of this contract. The number of events, tickets for them, and the duration of the entrustment are determined by the provider.

(4) The provider authorizes konfetti to issue and accept declarations of intent on its behalf in connection with the conclusion of contracts for booking events, and to process the conclusion of contracts between the provider and the end customer. This applies in particular to the submission of offers by the provider and the acceptance of offers from the end customer. Furthermore, the provider authorizes konfetti to process and, if necessary, reverse payments. konfetti does not act as a guarantor for the solvency of end customers.

(5) konfetti will, as the provider's representative, grant the respective end customer a statutory right of withdrawal if applicable. The provider hereby authorizes konfetti accordingly. Consumers may also be entitled to warranty claims according to statutory regulations. Both the right of withdrawal and warranty rights exist exclusively against the provider.

(6) Eligible providers and prerequisites for cooperation: konfetti works exclusively with companies that exercise a commercial or professional activity within the meaning of the relevant tax and commercial law regulations. The provider guarantees that it possesses all official permits, qualifications, and registrations required to exercise its activity. The provider is solely responsible for compliance with all tax, trade, safety, consumer, and other public law regulations applicable in its country of residence and at the place of service provision. konfetti does not assume any tax or legal advice in this regard. konfetti reserves the right to refuse cooperation or deactivate existing profiles if there are doubts about the commercial activity, reliability, professional suitability, or legal compliance of the provider.

(7) Special requirements for providers based abroad:

• a) Providers based in the European Union (except Germany): The provider must prove its status as an entrepreneur, in particular by presenting a valid VAT identification number or, if none has been issued, suitable documents regarding business registration, as well as a written confirmation of any tax exemption.

• b) Providers based outside the European Union: The provider must prove by means of official documents (e.g., commercial register extract, Company Number, Tax ID, Business Certificate) that it is a registered business. konfetti may request additional documents to verify the company's identity.

• c) Exclusion of private individuals: The registration of private individuals without business registration or without proof of independent entrepreneurial activity is excluded.

• d) Duty to provide proof, control rights & withholding of payouts: The provider is obliged to provide all proof of its entrepreneurial status completely, correctly, and up to date. konfetti is entitled to withhold the activation of the provider account, the publication of offers, as well as payouts in whole or in part until the requested proof has been fully and plausibly provided. konfetti is further entitled to refuse cooperation or block an existing account if proof is missing, incorrect, or if there are doubts about the entrepreneurial status.

(8) Within the scope of cooperation, konfetti provides the provider with a digital Partner Account and associated platform services. These may include, in particular, functions for managing offers, dates, bookings, payments, billing, booking-related communication, visibility on the platform, and other supporting services. The specific scope of functions as well as any payment obligation result from the partner plan assigned to and confirmed by the provider, the price and service overview, or an individual agreement in text form, and may change within the scope of the further development of the platform; konfetti will inform the provider of significant changes in a timely manner. There is no entitlement to specific functions, a specific visibility, a specific placement, specific inquiries, bookings, or turnover unless this has been expressly agreed individually.

§ 4 Listing of Events via the konfetti Platform

(1) The provider posts events that can be booked with them on the konfetti portal. For this purpose, the provider can manage its portfolio of offers on the konfetti platform via its account.

(2) The provider guarantees not to post any content, descriptions, media, courses, or other services that violate statutory regulations, official requirements, or the prohibitions listed below, which apply in particular, but not conclusively. In particular, content or offers are prohibited:

• which concern weapons, ammunition, explosives, or comparable dangerous objects or promote their use;

• which promote drugs, narcotics, unapproved pharmaceuticals, or their consumption;

• which contain pornographic, sexually explicit, or otherwise offensive content;

• which glorify violence or instruct illegal acts;

• which include extremist, discriminatory, or unconstitutional content, actions, or symbols.

konfetti is entitled to remove corresponding content without prior notice, not to publish offers, and to temporarily or permanently exclude the provider from using the platform in the event of violations. Further rights of konfetti, in particular according to § 9 of these Provider T&Cs, remain unaffected.

(3) Event listings must contain all necessary information, including information on participation requirements (age, health status, required skills, etc.), inherent risks, logistical information (location, time, meeting point, duration, clothing, etc.), as well as other information requested by konfetti. The information must always be kept up to date by the provider.

(4) The information stored in the respective listing becomes part of the contract concluded between the end customer and the provider.

(5) By listing on the platform, the provider confirms that the listed services are in its sole ownership and free of third-party rights. In particular, the provider confirms that by posting listings, it does not violate copyrights, trademarks, or other intellectual property rights of third parties.

(6) In order to guarantee an appropriate quality and attractiveness of the events posted on the platform, konfetti reserves the right to review providers and submitted proposals for offers with regard to designation, description, ticket prices, scheduling, and visualization, to adjust them at its own discretion, or to reject or deactivate them if necessary. Every event and all subsequent changes thereto will only be posted on the platform after review, adjustment if necessary, and approval by konfetti. Providers have no claim to the mediation of specific events. konfetti is entitled at any time to refuse the commission for mediation by providers without stating reasons, but in particular if there are justified doubts about the authenticity or quality of the offered events.

(7) The provider agrees that the prices, availability, and services for the services offered via the konfetti platform are equal to or better than those made available via the provider's own website or other online booking platforms. Customers who book a service via the konfetti platform will be treated at least as well as customers who book via the provider's own or another online booking platform.

(8) Rights of use to content: The provider grants konfetti a simple right of use, unlimited in terms of space, time, and content, to all content provided within the scope of the cooperation or published on the platform, in particular photos, videos, image material, graphics, texts, and other media. The right of use includes, in particular, the right to reproduce, distribute, make publicly available, advertise, publish, and use for marketing, advertising, PR, and social media purposes, both online and offline. konfetti is entitled to technically process, shorten, adapt, or convert the content into other formats, provided that the character of the respective event is not significantly altered. The provider assures that it possesses all copyrights, ancillary copyrights, and other rights required for granting the aforementioned rights and that the use of the content by konfetti does not violate any third-party rights. The provider indemnifies konfetti against all claims of third parties in this regard.

§ 5 Conclusion of Contract via the konfetti Platform

(1) End customers can book the events listed there via the platform. Within the scope of § 3, the conclusion of the contract is handled by konfetti. The contract is concluded between the provider and the end customer. The provider authorizes konfetti to manage bookings, cancel them if necessary, and grant the customer full or partial refunds in accordance with these T&Cs.

(2) The end customer prices set by the provider include all relevant taxes and duties. They are therefore understood as final prices. If, in addition, payments are to be made to third parties within the scope of participation in an event (e.g., admission fees), this must be explicitly pointed out in the listing. The price may be displayed on the platform in various currencies.

(3) konfetti utilizes payment service providers to process payments. The costs for this are borne by konfetti, whereby konfetti may charge the provider a foreign currency fee if applicable. The payment is processed in the currency specified in the event listing. If a payment initiated by the end customer is not honored or if a payment default occurs (e.g., due to a chargeback) before the provider has rendered the contractually owed service, konfetti will inform the provider and cancel the booking.

If a payment initiated by the end customer is not honored or if a payment default occurs after the provider has rendered the contractually owed service (or so shortly before that a cancellation could no longer take place), konfetti will first attempt to resolve the matter with the payment service provider through the designated dispute resolution procedures in order to avoid a final payment default. The provider is obliged to support konfetti in this regard and, in particular, to provide the necessary information. If the dispute resolution remains unsuccessful, the provider shall bear the payment default. konfetti does not receive a commission in this case.

If payments have already been made by konfetti to the provider, payment defaults will be recorded as a negative balance on the account maintained for the provider (§ 7). If an incorrect booking is made by an end customer, konfetti may, subject to availability, change the date, time, or number of persons for a booking within 24 hours after the booking. The provider may only subcontract the provision of services with the prior written consent of konfetti.

§ 6 Performance Disruptions in the Contract

(1) The contract concluded via the platform is between the provider and the end customer.

(2) Performance disruptions occurring after the conclusion of the contract will be handled between the provider and the end customer, unless konfetti has already assumed responsibility for them.

§ 7 Processing of Payments

(1) konfetti maintains accounts for each provider with a licensed payment service provider for receiving, managing, and disbursing payments from end customers for event bookings. Negative entries, chargebacks, the commissions owed according to § 8, effectively agreed platform fees according to § 8a, service fees, chargebacks, as well as other undisputed or legally binding due claims of konfetti arising from the cooperation will be taken into account in the billing. konfetti provides settlement overviews from the payment service provider for these accounts, showing individual bookings, received amounts, any deductions for commissions, refunds, etc., as well as taxes collected. Credit balances are paid out to the provider once a month. The commissions owed under § 8 are deducted from the payout amount.

(2) The claim to payment of the amounts from event bookings becomes due at the beginning of the month following the month in which an event took place.

(3) The balancing of the accounts takes place at the end of the month. Credit balances are paid out to the provider by konfetti. Due claims of konfetti, in particular commissions, effectively agreed platform fees according to § 8a, service fees, chargebacks, as well as other undisputed or legally binding claims arising from the cooperation, can be offset against credit balances and payout claims of the provider. If the offsetting results in a negative balance to the detriment of the provider, the provider is obliged to balance it within 14 days after receipt of the statement. konfetti is entitled to offset open amounts against future credit balances of the provider or to invoice them separately. In the event of a justified dispute of a claim by the provider, the disputed amount will not be offset until the matter is clarified.

(4) The contracting parties shall each bear the transaction fees incurred by their own financial institution.

§ 8 Remuneration

(1) konfetti receives a commission for each successfully mediated contract. In addition, platform fees may apply for the ongoing use of the partner account and the associated platform services in accordance with § 8a, provided that the provider is assigned to a corresponding partner plan and this has been confirmed by them or individually agreed.

(2) The commission of konfetti is a percentage of the price for an event booking specified in the provider's account. The provider undertakes to treat the amount of the commission confidentially.

(3) The commission is due upon conclusion of the contract. Billing takes place monthly in accordance with § 7 of these Provider T&Cs. Platform fees become due and are billed in accordance with the respective partner plan confirmed by the provider or an individual agreement in text form. konfetti informs the provider transparently in the partner account and in the price and service overview of the applicable conditions.

(4) If the contract is contested or rescinded due to circumstances for which the provider is responsible, konfetti remains entitled to the commission.

§ 8a Platform Fees

(1) The use of the Partner Account and the associated platform services may require the conclusion of a fee-based partner plan. Available partner plans, prices, billing periods, sales limits, and service descriptions result from the currently valid price and service overview made accessible to the provider in the partner account, as well as from any individual agreement in text form. The assignment to a fee-based partner plan and the associated payment obligation require express confirmation by the provider (e.g., in the partner account) or an individual agreement in text form. For existing partners, the transitional regulation in § 14a applies.

(2) The platform fee remunerates the ongoing use of the Partner Account and the associated platform services (in particular listing, software, booking and billing functions, Partner Care, visibility on the platform, as well as basic consideration in matching private event processes). It is incurred in addition to the commission regulated in § 8 and is independent of an individual booking.

(3) konfetti may grant a free trial phase, a free legacy status, or other special conditions. There is no entitlement to permanent free use unless expressly agreed individually. The elimination of such a special condition will be announced to the provider in text form with a notice period of at least four weeks; in this case, the provider has a special right of termination according to § 14a.

(4) If the provider sustainably exceeds the prerequisites provided for its partner plan (in particular sales limits or scope of use), konfetti can make the continuation of the platform use dependent on a change to a suitable partner plan. konfetti will announce a required change in text form with a notice period of at least four weeks and specify the appropriate plan and its conditions to the provider. Otherwise, the change between partner plans takes place by express confirmation of the provider (e.g., in the partner account) or by individual agreement in text form; konfetti will transparently display the applicable conditions and the date of the change in advance. A unilateral change of the assigned partner plan by konfetti is excluded, with the exception of the aforementioned constellations.

(5) A partner plan does not involve any guarantee for specific bookings, sales, inquiries, private event inquiries, rankings, placements, or other economic success.

§ 9 Cancellation of Bookings and Listings by konfetti, Exclusion from the Platform

(1) konfetti can cancel existing bookings or other offers without giving reasons. Furthermore, listings, comments, bookings, or other contributions can be reviewed in advance and likewise deleted, canceled, or blocked retroactively or in advance without giving reasons. This may be the case in particular if a provider or end customer attracts negative attention.

(2) Likewise, end customers or providers can be completely excluded from the future use of the operator's services without giving reasons. An exclusion is particularly considered upon termination of a required fee-based partner plan according to § 8a without changing to another suitable plan, as well as in the event of persistent default of payment with due claims from the cooperation.

(3) If payments have already been made by the end customer to konfetti, the money due to the provider has not yet been paid out, and the performance of the service has not been rendered, these amounts will be refunded. Beyond this, there are no claims for damages or liability against konfetti for either providers or end customers. Claims based on grossly negligent or intentional behavior remain unaffected by this.

Providers can cancel events for which no ticket has yet been sold at any time without giving reasons. If tickets have already been sold for an event or if the cancellation is received after the planned start date and start time of the event, the provider owes the operator a service fee of twenty-five percent of the end customer price per ticket sold. End customers can cancel in accordance with the terms specified by konfetti in the end customer T&Cs.

§ 10 Cancellation of Bookings by End Customers

(1) A cancellation by end customers is contractually not possible for event bookings made via the platform. However, konfetti is entitled and authorized to carry out a cancellation at the expense of the provider in the event of a possible legally mandatory reason for withdrawal or within the framework of a fair goodwill decision in individual cases. Insofar as a cancellation is made, the claim to commission lapses.

(2) Deviating from (1), group bookings (bookings for a plurality of participants that do not take place completely directly via the platform) can be canceled. For resulting refunds, the following price scale applies:

• Up to 90 days before the event = cancelable free of charge

• Up to 30 days before the event = 50% refund to the customer

• Up to 14 days before the event = 25% refund to the customer

• From 14 days before the event = 0% refund to the customer

konfetti's claim to commission is pro-rata.

§ 11 Customer Relations

(1) konfetti acts as the contact person for the end customers for all questions related to the content and execution of an event. The provider is obliged to answer inquiries from konfetti within a reasonable period of time.

(2) The provider is solely responsible for the proper execution of the events for the benefit of the end customer. Any complaints must be handled between the provider and the end customer.

(3) Providers are prohibited from contacting customers for purposes other than the execution of the contract.

(4) The provider may neither directly nor indirectly (i) request a customer to book a service outside the konfetti platform, (ii) refer a customer to another website or platform, including the provider's own website or platform, or (iii) take any other measures to bypass the konfetti platform or the payment of the commission. If potential customers who have initiated communication via the konfetti platform request to book a service outside the konfetti platform, the provider will refer them to the konfetti platform.

(5) The processing of personal data of end customers must take place in compliance with all applicable data protection regulations.

(6) If specific weather conditions are required for an event, the provider shall inform the end customer about the conditions prevailing on the day the event is carried out. If it is not possible to carry out an experience due to weather conditions, the date will be postponed or rebooked in consultation between the provider and the end customer. A refund for expenses or damages by konfetti is excluded in these cases.

§ 12 Reviews

After completion of a booking, the customer has the opportunity to review the services on the konfetti platform using konfetti's review system. The aim of the review system is to collect meaningful and accurate feedback on the services and the provider in areas such as performance, reliability, and trustworthiness. The reviews can be viewed by any user of the konfetti platform.

All review content is the exclusive property of konfetti or the respective konfetti party. The provider may not use or distribute reviews from the konfetti platform without the prior written consent of konfetti. Customer reviews are not verified for accuracy by konfetti. The provider is prohibited from manipulating the review system in any way, e.g., writing a review about services or commissioning a third party to do so.

§ 13 Liability

(1) In the relationship between the parties, the provider is liable for all damages caused to end customers or other third parties in the course of the execution or due to the non-execution of events.

(2) konfetti is not liable for damages resulting from inaccurate, outdated, or otherwise incorrect information in the events posted by providers (cf. § 4).

(3) For the rest, konfetti is liable:

• a) for damages resulting from injury to life, body, or health

• b) for damages other than those mentioned under a) which are based on an intentional or grossly negligent breach of duty

• c) for damages not falling under letters a) or b) and based on the culpable breach of a duty on whose fulfillment the end customer could rely because it is essential for the contract (so-called cardinal duty); in this respect, however, liability for damages is limited in amount to the foreseeable damage.

(4) Indemnification: The provider indemnifies konfetti against all claims of third parties asserted against konfetti due to a culpable violation of these Provider T&Cs or statutory regulations by the provider, in particular due to impermissible content, missing official permits, incorrect tax information, violations of information duties, or other unlawful acts of the provider. The provider shall reimburse konfetti for all reasonable costs incurred as a result, including necessary legal defense costs.

§ 14 Termination of Cooperation

Providers can terminate the cooperation with konfetti at any time with a notice period of four weeks in text form. Bookings already confirmed at the time of termination must be carried out as agreed. If execution does not take place, konfetti is entitled to invoice the agreed commission as well as additionally incurred costs. After the termination becomes effective, the publication of further offers on the platform is no longer permitted. Open claims and obligations remain unaffected by the termination.

If the provider terminates a required fee-based partner plan without changing to another suitable plan, konfetti is entitled to restrict or deactivate the publication of further offers on the platform upon the termination becoming effective. konfetti will notify the provider of this in text form before the termination becomes effective. Already confirmed bookings remain unaffected by this and must be carried out as agreed. Open commissions, platform fees, service fees, chargebacks, and other claims remain unaffected by the termination.

§ 14a Amendments to the Contract

(1) konfetti may amend these Provider T&Cs as well as the price and service overview for objective reasons, in particular to adapt to changes in the legal situation, case law, the functional scope of the platform, or economic framework conditions. Amendments will be communicated to the provider in text form at least four weeks before they take effect.

(2) If the provider does not object to the amendments in text form within four weeks after receipt of the notification, the amendments shall be deemed accepted. This also applies to the initial introduction or modification of platform fees according to § 8a, provided that the requirements of § 308 No. 5 BGB (German Civil Code) are complied with in accordance with paragraph 1.

(3) If the provider objects in due form and time, konfetti is entitled to terminate the cooperation with a notice period of four weeks in text form. Upon the introduction or modification of a platform fee according to § 8a, the provider is also entitled to a special right of termination, which it can exercise within four weeks after receipt of the notification; until the termination takes effect, the previous status is maintained and already confirmed bookings must be carried out as agreed.

§ 15 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If you are a merchant (Kaufmann) and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the provider [Note: usually refers to the platform operator's seat]. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.