Our General Terms and Conditions — Partner

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

• No fixed costs in the starter package

• No exclusivity clauses

• Performance-based compensation for ticket sales

• Private events upon request with prior agreement

• Marketing and customer service services provided by us

• Conclusion: You excite people, we take care of the rest

§ 1 Scope (1) These General Terms and Conditions (hereinafter: Provider-T&C) govern the legal relationship between you and us for the offer of your events through our platform.
(2) The version of the Provider-T&C valid at the time of contract conclusion is applicable.
(3) Deviating conditions of the provider are not accepted. This also applies if no express objection is raised to the inclusion.

§ 2 Definitions (1) End Customer: A natural or legal person who purchases a service (hereinafter: Event) via the internet portal gokonfetti.com or books it for a specific period.
(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 end customer price is the ticket price including all taxes and any fees.

§ 3 Subject of the Contract (1) Providers appoint konfetti to represent their interests and commission konfetti with the mediation, marketing, and sale of the offered events.
(2) The providers act as commercial providers (entrepreneurs).
(3) konfetti acts as a commercial agent for the provider with the authority to conclude transactions and continuously safeguard the provider's interests during the term of the appointment in accordance with the provisions of this contract. The number of events and tickets and the duration of the appointment are determined by the provider.
(4) The provider authorizes konfetti to issue and receive declarations of intent related to the conclusion of contracts for event bookings and to handle the contract formation between the provider and the end customer. This particularly applies to the submission of offers by the provider and the acceptance of offers by the end customer. Furthermore, the provider authorizes konfetti to handle and possibly reverse payments. konfetti is not a guarantor for the payment ability of the end customers.
(5) konfetti, as the provider’s representative, may grant the end customer a statutory right of withdrawal. The provider hereby authorizes konfetti accordingly. Consumers may also have warranty claims under legal regulations. Both the right of withdrawal and warranty rights exist exclusively against the provider.
(6) Permissible providers and conditions for cooperation: konfetti only cooperates with companies that carry out commercial or professional activities according to the relevant tax and commercial laws. The provider guarantees that it has all the necessary official permits, qualifications, and registrations for the exercise of its activities. The provider is solely responsible for complying with all applicable tax, business, security, consumer, and other public law regulations in its home country and at the place of service provision. konfetti does not provide tax or legal advice in this regard. konfetti reserves the right to refuse cooperation or deactivate existing profiles if there are doubts about the provider's commercial activity, reliability, professional qualification, or legal conformity.
(7) Special requirements for providers located abroad:
a) Providers located in the European Union (except Germany): The provider must prove its entrepreneurial status, particularly by submitting a valid VAT ID number or, if such a number has not been issued, by providing appropriate documents regarding business registration, as well as a written confirmation of any tax exemption.
b) Providers located outside the European Union: The provider must prove, via official documents (e.g., commercial register extract, company number, tax ID, business certificate), that it is a registered business. konfetti may require additional documents to verify the company's identity.
c) Exclusion of private individuals: Registration of private individuals without a business registration or proof of self-employed entrepreneurial activity is excluded.
d) Proof obligations, control rights, & withholding of payments: The provider is obliged to provide all necessary proof of its entrepreneurial status completely, correctly, and up-to-date. konfetti is entitled to withhold the activation of the provider account, publication of offers, and payments in whole or in part until the requested proof has been provided fully and plausibly. konfetti is also entitled to refuse cooperation or suspend an existing account if the proof is missing, incorrect, or there are doubts about the entrepreneurial status.

§ 4 Listing Events on the konfetti Platform (1) The provider lists events available for booking on the konfetti platform. The provider can manage its portfolio of offers on the konfetti platform through their account.
(2) The provider guarantees not to upload any content, descriptions, media, courses, or other services that violate legal regulations, administrative requirements, or the following, not limited to, prohibitions. In particular, content or offers that:

• Involve or promote weapons, ammunition, explosives, or comparable dangerous objects.

• Promote drugs, narcotics, unapproved medicines, or their consumption.

• Contain pornographic, sexually explicit, or otherwise offensive content.

• Glorify violence or incite illegal acts.

• Contain extremist, discriminatory, or anti-constitutional content, actions, or symbols.

konfetti is entitled to remove such content without prior notice, not publish offers, and exclude the provider temporarily or permanently from using the platform in the event of violations. konfetti’s other rights, particularly under § 9 of these Provider-T&C, remain unaffected.
(3) Event listings must include all necessary information, including participation requirements (age, health status, required skills, etc.), inherent risks, logistical information (location, time, meeting point, duration, clothing, etc.), and any other information requested by konfetti. The information must be kept up-to-date by the provider.
(4) The details provided in the respective listing will become 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 exclusively owned by them and free of third-party rights. In particular, the provider confirms that by listing the events, it is not infringing any copyrights, trademarks, or other third-party rights.
(6) To guarantee the appropriate quality and attractiveness of the events listed on the platform, konfetti reserves the right to review, modify, or reject provider proposals regarding event names, descriptions, ticket prices, scheduling, and visual presentation at its sole discretion. Each event and any later changes will only be listed on the platform after review, possible modification, and approval by konfetti. Providers have no entitlement to the mediation of specific events. konfetti is entitled to reject the request for mediation from a provider at any time, without stating reasons, but particularly if there are reasonable doubts about the authenticity or quality of the offered events.
(7) The provider agrees that the prices, availability, and services for events offered on the konfetti platform are at least as good as those offered on their own website or other online booking platforms. Customers booking services via the konfetti platform will be treated at least as well as customers booking via the provider's website or any other online booking platform.

§ 5 Conclusion of Contract via the konfetti Platform (1) End customers can book the events listed on the platform. The contract conclusion is handled by konfetti in accordance with § 3. The contract is concluded between the provider and the end customer. The provider authorizes konfetti to manage bookings, possibly cancel them, and grant the customer full or partial refunds in accordance with the present T&C.
(2) The end customer prices set by the provider include all relevant taxes and fees. Therefore, they are final prices. If, in connection with participating in an event, payments need to be made to third parties (e.g., entry fees), this must be explicitly stated in the listing. The price display on the platform can be in various currencies.
(3) For the processing of payments, konfetti relies on payment service providers. konfetti covers the costs for this, but konfetti may charge the provider a foreign exchange fee if applicable. Payment will be processed in the currency specified in the event listing. If a payment initiated by the end customer is not honored or if a payment failure (e.g., chargeback) occurs before the provider has provided the contractual 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 failure occurs after the provider has already provided the contractual service (or just prior to the start, making cancellation impossible), konfetti will attempt to resolve the issue with the payment service provider through the designated dispute resolution procedures to avoid a final payment failure. The provider is required to assist konfetti and, in particular, provide the necessary information. If the dispute resolution is unsuccessful, the provider will be liable for the payment failure. konfetti does not receive a commission from this. If payments have already been made by konfetti to the provider, payment failures will be recorded as negative balances on the provider's account (§ 7). If an end customer makes an incorrect booking, konfetti may, subject to availability, change the date, time, or number of participants for a booking within 24 hours of the booking. The provider may only subcontract the provision of services with konfetti’s prior written consent.

§ 6 Performance Disruptions in the Contract (1) The contract concluded via the platform comes into effect between the provider and the end customer.
(2) Performance disturbances arising after the conclusion of the contract will be handled between the provider and the end customer, unless konfetti has already assumed responsibility.

§ 7 Payment Processing (1) konfetti maintains accounts with a licensed payment service provider for the acceptance, management, and disbursement of payments from end customers for event bookings. Negative bookings (e.g., due to chargebacks) and commissions owed under § 8 will be offset against the balances in these accounts. konfetti will provide billing overviews from the payment service provider for these accounts, detailing the individual bookings, incoming amounts, any deductions for commissions, refunds, etc., as well as taxes collected. Balances will be paid out to the provider once per month, with the commissions owed under § 8 deducted from the payout amount.
(2) The claim for payment from event bookings becomes due at the start of the month following the month in which the event took place.
(3) Account reconciliation takes place at the end of the month. If a balance is owed to the provider, konfetti will pay this amount out. If a negative balance exists, the provider is obliged to settle the outstanding amount with konfetti within 14 days after receiving the statement.
(4) The parties bear the transaction fees incurred by their respective financial institutions.

§ 8 Remuneration (1) konfetti receives a commission for every successfully mediated contract.
(2) konfetti’s commission is a percentage of the price for an event booking as specified in the provider's account. The provider agrees to keep the commission amount confidential.
(3) The commission is due when the contract is concluded. Billing is done monthly in accordance with § 7 of these Provider-T&C.
(4) If the contract is contested or rescinded by the provider for reasons attributable to them, konfetti is still entitled to the commission.

§ 9 Cancellation of Bookings and Listings by konfetti, Exclusion from the Platform (1) konfetti can cancel existing bookings or other offers without stating a reason. Listings, comments, bookings, or other contributions may also be checked in advance and deleted, canceled, or blocked, either before or after the fact, without providing reasons. This may especially apply if a provider or end customer acts negatively.
(2) Likewise, end customers or providers can be fully excluded from using the operator's services in the future without providing reasons.
(3) If payments have already been made by the end customer to konfetti, and the provider has not yet received the payment owed to them and the service has not been provided, these amounts will be refunded. No further claims for damages or liability exist for either the provider or end customer against konfetti. Claims arising from gross negligence or intentional behavior remain unaffected. Providers may cancel events for which no tickets have been sold at any time without stating reasons. If tickets have already been sold for an event or the cancellation occurs after the scheduled event start date and time, the provider owes konfetti a service fee of twenty-five percent of the end customer price per ticket sold. End customers can cancel in accordance with the conditions set by konfetti in the end customer T&C.

§ 10 Cancellation of Bookings by End Customers (1) Cancellations by end customers are not possible for event bookings made via the platform under the contract. However, konfetti is entitled and authorized to cancel a booking on behalf of the provider if there is a legally mandatory reason for withdrawal or as part of a fair and reasonable decision in an individual case, at the expense of the provider. In such cases, the commission claim is void.
(2) Unlike (1), group bookings (bookings for multiple participants that are not fully made directly via the platform) may be canceled. The following price tiers apply for refunds resulting from such cancellations:

• 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 regarding all questions related to the content and execution of an event. The provider is obliged to respond to inquiries from konfetti within a reasonable period.
(2) The provider is solely responsible for the proper execution of the events for the benefit of 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 fulfilling the contract.
(4) The provider may not directly or indirectly:
(i) request a customer to book a service outside the konfetti platform,
(ii) refer a customer to another website or platform, including their own, or
(iii) take other actions to bypass the konfetti platform or payment of the commission. If potential customers who initiated communication through the konfetti platform ask to book a service outside of it, the provider must direct them back to the konfetti platform.
(5) The processing of personal data of end customers must comply with all applicable data protection laws.
(6) If specific weather conditions are required for an event, the provider must inform the end customer of the weather conditions prevailing on the day of the event. If an event cannot take place due to weather conditions, the date will be rescheduled or moved by agreement between the provider and the end customer. konfetti will not be liable for expenses or damages in these cases.

§ 12 Reviews After completing a booking, the customer has the opportunity to rate the services on the konfetti platform using konfetti’s review system. The goal of the review system is to collect meaningful and accurate feedback regarding the services and provider in areas like performance, reliability, and trustworthiness. Reviews are accessible to all users of the konfetti platform. All review content is the exclusive property of konfetti or the respective konfetti entity. The provider may not use or distribute reviews from the konfetti platform without konfetti’s prior written consent. Customer reviews are not checked by konfetti for accuracy. Providers are prohibited from manipulating the review system in any way, such as writing reviews about their services or hiring third parties to do so.

§ 13 Liability (1) In the relationship between the parties, the provider is liable for any damages incurred by end customers or other third parties during the execution or due to the non-execution of events.
(2) konfetti is not liable for damages arising from inaccurate, outdated, or otherwise incorrect information in the events listed by providers (see § 4).
(3) In addition, konfetti is liable for:
a) damages arising from the injury to life, body, or health,
b) other damages not covered under a) that result from willful or grossly negligent breaches of duty,
c) damages not covered under a) or b) that arise from the negligent violation of a duty upon which the end customer could rely, as it is essential to the contract (so-called cardinal obligation); in such cases, however, liability for damages is limited to the foreseeable damage.
(4) Indemnification: The provider shall indemnify konfetti from any third-party claims arising due to a breach of these Provider-T&C or legal regulations by the provider, particularly due to illegal content, lack of required official permits, incorrect tax information, failure to comply with information obligations, or other unlawful actions of the provider. The provider shall reimburse konfetti for all reasonable costs arising from this, including necessary legal costs.

§ 14 Applicable Law and Jurisdiction Providers can terminate the cooperation with konfetti at any time with a four-week notice period in writing. Already confirmed bookings at the time of termination must be carried out as agreed. If they are not carried out, konfetti is entitled to invoice the agreed commission as well as any additional costs incurred. After the termination takes effect, further listings on the platform will no longer be allowed. Outstanding claims and obligations remain unaffected by the termination.

§ 15 Applicable Law and Jurisdiction (1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG). (2) If you are a merchant and your place of business is located 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 govern the local and international jurisdiction.