Terms & Conditions
Last updated October 04, 2024
General Terms and Conditions of eventbro GmbH
eventbro GmbH offers event organizers ("organizers") the possibility to create their own shop for integration into their own online presence or as a stand-alone solution and to sell tickets, goods and services to end customers via a free downloadable app ("eventbro app") in a very short time.
§1 Scope of application, form
(1) These General Terms and Conditions ("T&Cs") shall apply to all contracts ("Contract"), between eventbro GmbH, Am Markt 5, 30938 Burgwedel ("eventbro") and our organizers.
(2) The T&Cs shall apply exclusively; the organizer's general terms and conditions shall not apply even if the organizer expressly refers to them within the scope of its order and eventbro does not expressly object to them in the individual case and delivers with knowledge of them.
(3) Legally relevant declarations and notifications by the organizer with regard to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Legal formal requirements and further proof, in particular in case of doubts about the legitimacy of the declaring party, shall remain unaffected.
(4) The T&Cs shall only apply if the organizer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
§2 Offers, registration, conclusion of contract
(1) With the eventbro app, eventbro gives the group of persons named in §1 (4) the opportunity to organize the sale of access authorizations for events as well as certain services within the scope of these events (e.g. food, beverages, ticket chips, express passes, etc.) and the offer of paid services at binding times and locations ("shop") against payment of a commission, provided that the offer and execution of events or the offered services do not violate legal provisions or these T&Cs.
(2) eventbro itself does not offer access authorizations for events or services and does not become a contractual partner to the contracts concluded exclusively between the organizer and their end customer via the shop.
(3) The organizer must truthfully and completely provide the data required for registration in the eventbro app.
(4) By registering, the organizer guarantees that he will only use the shop created by him for legal purposes. In particular, he will not use it for the trade in narcotics, distribution of pornographic content, illegal trade in weapons and ammunition, illegal prostitution, etc. A violation of this guarantee entitles eventbro to immediately block the respective shop and to terminate the contract with the respective organizer without notice.
(5) By accepting these T&Cs, the organizer submits an offer to eventbro to conclude a contract on the use of the eventbro app. eventbro is free to accept or reject the offer; in case of rejection, the organizer will receive a corresponding e-mail.
(6) After conclusion of the contract, the organizer is entitled to use the full range of functions of the eventbro app. In case of rejection of the offer, eventbro is entitled to delete the organizer's registration data.
(7) A contract is concluded exclusively with the group of persons specified in § 1 (4). By accepting these T&Cs, the organizer confirms that he belongs to this group of persons.
§3 Access to a eventbro account, legally compliant operation of the shop
(1) Every organizer is given the opportunity to register an account via the app or the website www.eventbro.io or www.eventbro.com ("eventbro account"). The organizer is obligated to choose access data and passwords for the eventbro account that meet the usual security requirements, to keep these secret and to prevent unauthorized use by third parties to the best possible extent.
(2) The organizer shall immediately inform eventbro in case of knowledge or suspicion of misuse of access data or passwords. In this case, eventbro shall be entitled to block access to the eventbro account until the respective circumstances have been clarified and the misuse has been stopped. The organizer shall be liable for any misuse of access to the eventbro account for which he is responsible.
(3) The organizer shall create and maintain the technical requirements for access to the eventbro account on his own responsibility, in particular with regard to the hardware used and the related operating system, a sufficient Internet and, if applicable, WLAN connection. Furthermore, the organizer is obligated to take the necessary precautions to secure its systems, in particular to use the common security settings of the selected browser and to use current and suitable protective mechanisms to ward off malware.
(4) The organizer is solely responsible for the legally compliant operation of its shop (in particular, correct and complete information provided to eventbro for the creation of the necessary imprint by eventbro, required notices to consumers, declarations required under data protection law, use of own general terms and conditions, etc., if applicable). In this respect, eventbro is not liable for any claims of third parties, in particular not for warnings of third parties as well as the costs incurred by the organizer as a result. However, the organizer has the option, after separate agreement with eventbro, to purchase the fulfillment of certain of these obligations from eventbro or via service providers commissioned by eventbro. However, this does not release the organizer from its sole and continuous overall responsibility for the legally compliant operation of the shop.
(5) The organizer shall bear full responsibility for all entries made by him in the eventbro shop, in particular event titles, inserted images, videos, etc., advertising texts, marketing material, etc.. In particular, he assures that he does not violate the rights of third parties, especially intellectual property rights. He shall fully indemnify eventbro against any claims made by third parties against eventbro on the basis of violations of this § 3 (5) (including any reasonable legal defense costs incurred by eventbro).
§4 eventbro services, availability
(1) eventbro enables the organizer to sell tickets and other services via the shop designed by the organizer using the eventbro app. Whether the events or services for which the organizer sells the tickets take place is solely the risk of the organizer. eventbro shall in no case be liable to the organizer's end customer for the implementation or feasibility of the event or service offered.
(2) The organizer is not permitted to integrate other ticket systems into the shop created with the help of the eventbro app and to use it to process ticket sales or sales of other services.
(3) For the term of the contract concluded with the organizer, eventbro grants the organizer a non-exclusive, non-transferable or sub-licensable right to use the registered word mark "eventbro" exclusively for use in its shop. eventbro reserves the right to make changes to adapt the eventbro app and the environment of the shop to the state of the art, changes for optimization purposes, in particular to improve user-friendliness, as well as changes to content. eventbro shall inform the organizer of any significant changes in this regard and shall obtain the organizer's prior consent in the event of fundamental changes to the basis of the contract.
(4) The average availability of eventbro shall be [95] % p.a., with maintenance and installation work being excluded from the calculation of availability. Transmission problems that are due to third-party malfunctions shall not be taken into account in the calculation of availability.
§5 Prices, commission
(1) The organizer sets the prices for the tickets or services it sells via the eventbro shop (“sales price”) on its own responsibility.
(2) The organizer owes eventbro a commission of €0.49 per transaction plus individual payment processing fees of the respective payment service provider (“eventbro commission”).
(3) The organizer can either disclose the eventbro commission to his end customer and charge it additionally or he can include it in his ticket price in a concealed manner. In any case, the organizer owes eventbro the eventbro commission immediately after the sale of the respective ticket. The eventbro commission is also owed by the organizer to eventbro if the event cannot be held by the organizer for whatever reason.
§6 Payment processing
(1) The end customer initiates a payment process of the sales price after he/she has placed his/her tickets/products in the shopping cart of the shop, where he/she has entered his/her customer data (first name, last name, e-mail, and telephone number) and purchased via the button "Book now with costs". The following payment methods are currently offered to the end customer via the ticket store:
Credit cards
GiroPay
Maestro
Apple Pay
Google Pay
iDEAL
EPS
Click-2-pay
SEPA direct debit (optional)
PayPal (optional)
Cash payment (optional)
TWINT (optional)
(2) At this point, an order is generated internally at eventbro and an associated payment is created at our payment service provider ("PSP"). PSPs working with eventbro are Mangopay, Lemonway, Stripe, Saferpay, PayPal, Vivapago, Betterpayment and Continental Payments. The end customer is then redirected to an external site of the PSP where he can make the payment. The payment is made in favor of a temporary account at the PSP ("end customer wallet"). In favor of the organizer, an account is also maintained at the PSP ("organizer wallet").
(3) In case of a successful payment, the end customer is redirected back to a confirmation page of the organizer's shop. In the background, the PSP validates or processes the payment made and gives eventbro a confirmation or rejection in response. This process can take several minutes. In case of rejection eventbro automatically cancels the order and notifies the client about a failed payment/order process via email.
(4) In case of confirmation, eventbro transfers the sales price from the above mentioned end customer wallet to the organizer wallet. Within the scope of this transaction, the eventbro commission shall be automatically deducted and transferred to the account held in favor of eventbro at the PSP ("eventbro wallet"). The organizer hereby expressly agrees to this automatic transfer and deduction of the eventbro commission in favor of the eventbro wallet. This completes the payment processing.
(5) The organizer may pay out its credit balance on the organizer wallet to a bank account of its choice via the eventbro app at any time in amounts starting from 5 euros. If the organizer uses Stripe as a PSP, the amount to be paid out will be payable only after up to 10 business days after the actual order.
(6) The organizers wallet is solely subject to the terms and conditions of the PSP and is operated by the PSP. eventbro shall not be liable to the organizer for the availability of funds on the organizers wallet or for any transactions made via the organizers wallet, except in cases of intent, gross negligence and fraudulent intent. eventbro merely offers the organizer the service of processing its payments with the assistance of the PSP.
§7 eventbro wallet app
eventbro offers with the public eventbro wallet app a possibility to manage tickets and QR codes digitally. End customers can import their ticket and QR codes directly via web and/or app into the eventbro wallet and manage it there. The user data of the eventbro wallet app is property of eventbro GmbH and can be used by eventbro as well as by the organizer for later marketing measures (after prior legally compliant consent of the end customer). The use of the eventbro wallet app is free of charge for both the end customer and the organizer.
§8 Advertising
As part of the promotion of its events, the organizer shall clearly indicate the use of the eventbro app on all advertising materials (flyers, posters, advertisements, social media, etc.) of its tickets or services sold via the eventbro shop, in compliance with eventbro's current corporate identity. eventbro shall provide the organizer with the usual print templates for this purpose on the website for download. The organizer shall apply these logos to all advertising materials to the extent reasonable. Furthermore, the organizer shall ensure a legally flawless design of the notices and advertisements and shall in particular arrange for all notices required under competition law.
§9 Data usage
(1) With regard to the collection and use of personal data of end customers, the organizer and eventbro shall be jointly responsible bodies in terms of data protection regulations. This does not apply to personal usage data (e.g. cookie data, website analysis), for which eventbro is the sole responsible party. The organizer is the sole service provider within the meaning of the German Telemedia Act.
(2) eventbro and the organizer hereby mutually agree on the purposes of the collection and use of this data as follows: eventbro shall use the customer data generated via the shop made available to the organizer for order processing and communication relating to order processing, including any newsletter dispatch pursuant to §9 para. 4.
(3) The organizer uses the customer data generated via the shop for the execution of the event as well as possibly for newsletter dispatch in accordance with §9 para. 4.
(4) When using the data for the purpose of sending newsletters and other e-mails of an advertising nature, eventbro and the organizer shall ensure that the respective end customer has expressly consented to receiving the respective newsletter (eventbro or organizer) via double-opt-in procedure prior to receipt. Details of the data usage can be found in the joint data protection statement, with which eventbro and the organizer will inform the users of the shop about the data handling.
(5) If eventbro or the organizer would like to collect or use the customer data generated via the shop also beyond the purposes or the scope stated in the joint data protection statement, this shall only be permissible with the consent of the respective other party and provided that the joint data protection statement has been adjusted accordingly beforehand and the intended data use is permissible under data protection law.
(6) eventbro or the organizer shall only refuse their consent with an objective reason, e.g. if they are of the justified opinion that the intended data use violates applicable data protection laws.
§10 Liability
(1) eventbro is not liable for disruptions or damages of any kind caused by circumstances of force majeure beyond its control, which eventbro could not foresee and avoid even when exercising commercial diligence, such as power failure, line disruptions, Internet connection / Wifi failure, strike, natural disasters, sabotage, war, terrorism, official prohibitions and requirements, pandemics, epidemics, fire, flood, storm, hail, etc.. This exclusion does not apply if eventbro acts intentionally or with gross negligence.
(2) There are no contractual relations between eventbro and the organizer's end customer as purchaser of a ticket or recipient of a service with regard to the performance of the respective event or service. In this respect, the organizer shall indemnify eventbro against all claims of its end customers asserted against eventbro by the latter or other third parties due to cancellation, postponement or other problems in connection with an event or service of the organizer.
(3) eventbro shall be liable for damages to the organizer - irrespective of the legal grounds - in case of intent and gross negligence. In the case of simple negligence, eventbro shall only be liable for a) for damages resulting from injury to life, body or health, b) for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.
(4) The limitations of liability resulting from this §10 shall not apply insofar as eventbro has fraudulently concealed a defect or has assumed a guarantee for the quality. The same shall apply to claims of the organizer under the Product Liability Act.
§11 Nondisclosure
The organizer undertakes to use the information obtained within the scope of this contractual relationship only for the operation of its eventbro shop and the implementation of its events or services, including their advertising, and not to pass it on to third parties or to exploit it in any other way.
§12 Choice of Law, Jurisdiction
(1) These T&Cs and all legal relations between the contracting parties shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. The prerequisites and effects of the retention of title are subject to the law at the respective place of storage of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective thereafter.
(2) If the organizer is a trader, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising from the contractual relationship is the place of business of eventbro in Burgwedel, Germany. The same applies if the organizer is an entrepreneur in the sense of § 14 BGB (German Civil Code). eventbro is, however, also entitled in all cases to file suit at the place of performance or at the organizer's general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
§13 Information on online dispute resolution/ Consumer Dispute Resolution Act
(1) The EU Commission has created an internet platform for the online resolution of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. You can access the OS platform under the following link: http://ec.europa.eu/consumers/odr
(2) eventbro GmbH will not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.
§14 Final clauses
(1) eventbro shall be entitled to amend these Terms and Conditions with effect for the future entire business relationship with the organizer after a corresponding notification. The amendment shall be deemed approved if the organizer has not sent its objection in text form within one month after notification of the amendment. eventbro will specifically point out this consequence to the organizer when announcing the change.
(2) A set-off by the organizer against claims of eventbro is only permissible with claims that have been legally established or acknowledged. The same shall apply to the exercise of rights of retention.
(3) Verbal collateral agreements do not exist. Amendments or supplements to a contract concluded with the organizer must be made in writing. This also applies to a change in the written form requirement itself.
(4) Should individual provisions of the contract be invalid in whole or in part, this shall not affect the validity of the rest of the contract. The invalid provision shall then be replaced by a provision that comes as close as possible to the economic objective of the invalid provision; if this is not possible, the applicable statutory provisions shall apply.