Here you can find the general terms and conditions - Provider, as of October 2023
The German version of the Terms and Conditions is legally binding!
Link to the German Version.
Preamble Konfetti GmbH (hereinafter referred to as "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.
Key Points in Summary:
- No fixed contract term and no fixed costs
- No exclusivity clauses
- Success-based remuneration for ticket sales
- Private events upon request with prior agreement
- Marketing and customer service provided by us
- Conclusion: You inspire people, we take care of the rest
§ 1 Scope (1) These General Terms and Conditions (hereinafter referred to as "Provider GTC") regulate the legal relationship between you and us for the offering of your events via our platform.
(2) The version of the Provider GTC valid at the time of contract conclusion shall apply.
(3) Deviating conditions of the provider are not 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 via the internet portal gokonfetti.com.
(2) Provider: Providers 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 price of a ticket including all taxes and any fees.
§ 3 Subject of the Contract (1) The providers entrust konfetti with representing their interests and commission konfetti with the mediation, marketing, and sale of the offered events.
(2) Providers act as commercial providers (entrepreneurs).
(3) konfetti acts as a commercial agent for providers with the authority to conclude transactions and continuously safeguards the provider's interests during the assignment, considering the provisions of this contract. The number of events and tickets and the duration of the assignment are determined by the provider.
(4) The provider authorizes konfetti to make and receive declarations of intent related to the conclusion of contracts for booking events and to handle the contract conclusion between the provider and the end customer. This particularly applies to making offers from the provider and accepting offers from the end customer. Additionally, the provider authorizes konfetti to handle and potentially reverse payments. konfetti does not act as a guarantor for the end customers' payment ability.
(5) konfetti, acting as the provider's representative, may grant the end customer a statutory right of withdrawal. The provider authorizes konfetti accordingly. Consumers may also have warranty claims according to legal regulations. Both the right of withdrawal and warranty rights exist exclusively against the provider.
§ 4 Listing Events on the konfetti Platform (1) The provider lists bookable events on konfetti's portal. The provider can manage their portfolio of offers on the konfetti platform via their account.
(2) Event listings must contain all necessary information, including participation requirements (age, health condition, required skills, etc.), inherent risks, logistical information (location, time, meeting point, duration, clothing, etc.), and other information requested by konfetti. The provider must keep the information up to date.
(3) The details provided in the listing become part of the contract concluded between the end customer and the provider.
(4) By listing on the platform, the provider confirms that the listed services are solely owned by them and free of third-party rights. In particular, the provider confirms that listing the events does not infringe on copyright, trademark, or other third-party protection rights.
(5) To ensure the quality and attractiveness of events listed on the platform, konfetti reserves the right to review providers and submitted offer proposals concerning designation, description, ticket prices, scheduling, and visualization, to adjust them at its discretion, or possibly to reject or deactivate them. Each event and subsequent changes will be listed on the platform only after review, possible adjustment, and approval by konfetti. Providers have no right to the mediation of specific events. konfetti is entitled at any time to reject the mediation order from providers, without stating reasons, but particularly if there are justified doubts about the authenticity or quality of the offered events.
(6) The provider agrees that the prices, availability, and services offered on the konfetti platform are equal to or better than those available on the provider's website or other online booking platforms. Customers booking services via the konfetti platform will be treated at least as well as those booking through the provider's or other online booking platforms.
§ 5 Conclusion of Contract via the konfetti Platform (1) End customers can book the listed events via the platform. The contract conclusion is handled by konfetti as per § 3. The contract is concluded between the provider and the end customer. The provider authorizes konfetti to manage bookings, cancel them if necessary, and provide full or partial refunds to the customer according to these GTC.
(2) The end customer prices set by the provider include all relevant taxes and fees and are thus final prices. If additional payments to third parties (e.g., entrance fees) are required for participation in an event, this must be explicitly mentioned in the listing. The price displayed on the platform can be shown in various currencies.
(3) For payment processing, konfetti uses payment service providers, with the costs borne by konfetti. konfetti may charge the provider a foreign currency fee if applicable. Payment is processed in the currency specified in the event listing. If a payment initiated by the end customer is not honored or a payment default occurs (e.g., due to chargeback) before the provider has rendered the contractual service, konfetti will inform the provider and cancel the booking. If a payment default occurs after the provider has rendered the contractual service (or so close to the service date that cancellation is not feasible), konfetti will attempt to resolve the issue with the payment service provider through dispute resolution procedures to avoid a final payment default. The provider must support konfetti in this process by providing necessary information. If dispute resolution fails, the provider bears the payment default. konfetti receives no commission in this case. If payments have already been made by konfetti to the provider, payment defaults will be recorded as negative balances in the virtual payment account (§ 7). If a customer makes an erroneous booking, konfetti may change the date, time, or number of persons for a booking within 24 hours of the booking, subject to availability. The provider may only subcontract the performance of services with prior written consent from 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 arising after contract conclusion are handled between the provider and the end customer unless konfetti has already taken over.
§ 7 Payment Processing (1) konfetti maintains a virtual payment account for providers, where amounts earned from event bookings are collected. Negative bookings (e.g., due to chargebacks) are offset against the existing balance if possible. konfetti provides a settlement overview of the virtual payment account, showing individual bookings, received amounts, any deductions for commissions, refunds, etc., and collected taxes. Balances from this account are paid out to the provider once a month. The commissions owed under § 8 are deducted from the payout amount.
(2) The claim for payout of a balance from event bookings becomes due at the beginning of the month following the event date.
(3) The settlement of the virtual payment account occurs at the end of the month. If there is a balance for the provider, it is paid out by konfetti. If there is a negative balance, the provider must balance the virtual payment account by paying the corresponding amount to konfetti within 14 days of receiving the settlement.
(4) Each party bears the transaction fees incurred by their own financial institution.
§ 8 Remuneration (1) konfetti receives a commission for each successfully mediated contract.
(2) konfetti's commission is a percentage of the price listed in the provider's account for an event booking. The provider agrees to keep the commission amount confidential.
(3) The commission is due upon contract conclusion. Billing occurs monthly according to § 7 of these Provider GTC.
(4) If the contract is rescinded or canceled due to reasons attributable to the provider, konfetti retains the right to the commission.
§ 9 Cancellation of Bookings and Listings by konfetti, Exclusion from the Platform (1) konfetti may cancel existing bookings or other offers without stating reasons. Additionally, listings, comments, bookings, or other contributions may be reviewed and deleted, canceled, or blocked without stating reasons, especially if a provider or end customer behaves negatively.
(2) End customers or providers may also be completely excluded from using the operator's services in the future without stating reasons.
(3) If end customers have already made payments to konfetti that have not yet been paid out to the provider and the service has not been fulfilled, these amounts will be refunded. No further claims for damages or liability against konfetti exist for both providers and end customers. Claims arising from gross negligence or intentional conduct remain unaffected. Providers can cancel events for which no ticket has been sold at any time without stating reasons. If tickets have already been sold or the cancellation is received after the scheduled start date and time of the event, the provider owes the operator a service fee of twenty-five percent of the end customer price per sold ticket. End customers can cancel according to the conditions set forth by konfetti in the end customer GTC.
§ 10 Cancellation of Bookings by End Customers (1) Cancellation by end customers is contractually not possible for event bookings made via the platform. However, konfetti is authorized to cancel bookings in cases of legally mandatory withdrawal reasons or as a discretionary goodwill decision to the provider's detriment. If a cancellation occurs, the commission claim is waived.
(2) Notwithstanding (1), group bookings (bookings for multiple participants not made entirely via the platform) can be canceled. The following refund scale applies for resulting refunds:
- Up to 90 days before the event = free cancellation
- 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
The commission claim of konfetti is proportional.
§ 11 Customer Relationships (1) konfetti acts as the contact point for end customers for all questions regarding the content and execution of an event. The provider must respond to konfetti's inquiries within a reasonable period.
(2) The provider is solely responsible for the proper execution of events for the end customer. Any complaints are to be handled between the provider and the end customer.
(3) Providers are prohibited from contacting customers for purposes other than contract fulfillment.
(4) The provider may not directly or indirectly (i) encourage 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 other actions to circumvent the konfetti platform or commission payment. 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 comply with all applicable data protection regulations.
(6) If specific weather conditions are required for an event, the provider will inform the end customer about the prevailing conditions on the day of the event. If an event cannot be conducted due to weather conditions, the date will be rescheduled or rebooked in consultation with the provider and the end customer. Refunds for expenses or damages by konfetti are excluded in these cases.
§ 12 Reviews After booking, the customer can rate the services on the konfetti platform using the konfetti rating system. The goal of the rating system is to gather meaningful and accurate feedback on services and the provider in areas such as performance, reliability, and trustworthiness. 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 prior written consent from konfetti. Customer reviews are not checked by konfetti for accuracy. The provider is prohibited from manipulating the rating system in any way, e.g., writing a review about services or having a third party do so.
§ 13 Liability (1) The provider is liable for all damages to end customers or other third parties arising from the execution or non-execution of events.
(2) konfetti is not liable for damages resulting from inaccurate, outdated, or otherwise incorrect information in the events listed by providers (cf. § 4).
(3) Furthermore, konfetti is liable a) for damages resulting from injury to life, body, or health, b) for other damages not covered under a) that are based on an intentional or grossly negligent breach of duty, c) for damages not covered under a) or b) and based on a culpable breach of a duty essential to the contract (so-called cardinal duty); in this case, damages are limited to foreseeable damage.
§ 14 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.
(2) If you are a merchant and have your place of business in Germany at the time of the order, the exclusive place of jurisdiction is the provider's place of business. Otherwise, the applicable statutory provisions apply for local and international jurisdiction.