Our GTC are deemed to be agreed when using the internet portal Ibiza Heartbeat on our websites or apps, on profiles on third-party websites or apps and on all other distribution channels (“platforms”). In particular, they contain your rights and obligations when locating and using the services of service providers in the fields of real estate rental services, boat rental services, events and other services offered by service providers as well as the most important data protection provisions.
The GTC for providers of services on our platforms can be found here.

Preamble Ibiza Heartbeat – your personal guide to make the most of your trip and fall in love with Ibiza (again)! We present Ibiza to you- and assist you in finding your villa, boat and event.

A. General Provisions

§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all
Contracts of sale and contractual relationships regulating the use of our platforms

between

Dennise Karisch – Ibiza Heartbeat
Gminderstrasse 29
72762 Reutlingen,
(more information in the imprint)
(hereinafter referred to as “user”, “we”, or “us”)

and you
(hereinafter referred to as “User”, “Partner”, “Your” or “You”).

(2) The GTC apply regardless of whether you are a consumer or an entrepreneur.
(3) You are a “consumer” if you are a natural person who concludes a contract with us for purposes that can predominantly be attributed neither to your commercial nor to your independent, public or non-profit professional activity.
(4) You are an “entrepreneur”, if you are a natural person or conclude a contract for a legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent, public or non-profit professional activity when concluding the contract with us.
(5) These GTC apply on all our Platforms. “Platforms” means all our sales and operations channels and services. In particular, it includes our websites or apps as well as our profiles on websites or apps of our partners, as well as all physical or digital documents including e-mails, contracts and any informational materials.
(6) The version of the GTC valid at the time of conclusion of the contract shall apply. Deviating GTC shall not be accepted. This shall also apply if we have not expressly objected to their inclusion. Something else may apply insofar as something else is stipulated in these GTC in individual cases. Insofar as legal texts or documents, including these GTC, are translated into a language other than German , the German legal texts or documents shall be legally binding and thus applicable – the translated legal texts or documents shall serve solely to provide a better understanding.
(7) All agreements made between you and us in connection with a service result in particular from an order or commissioning as well as the associated appendices, our confirmation, our acceptance and, in addition, if not regulated therein, from these GTC. These GTC shall also apply to subsequent orders or commissions placed by you during or after the expiry of the contract term, unless other GTC have been included at that time.
(8) These GTC also apply to other contracts concluded between you and us, insofar as there are no special GTC relating to the other type of contract and clauses of these GTC may apply in terms of content.

B. Provisions Regarding Purchases

§ 1 Subject
You acquire from us the goods specified in more detail at the conclusion of the contract.

§ 2 Conclusion of contract
(1) When we present our services on our platforms and the platforms of third parties (in particular the Android and Apple app stores), we do not make a binding offer to conclude a contract. The presentation is merely a non-binding presentation.
(2) Our offers and cost estimates are subject to change. Cost estimate and quotation errors may be corrected before acceptance of the order.
(3) You can place a legally binding order or commission in any way that our platforms offer. In particular, you can place it as follows:

By clicking on an order button on our platforms, in particular on our websites and apps as well as on our profiles on websites and apps of third parties.
By sending us completed order documents via any common communication channel such as email, post, fax or our social media profiles,
By handing over completed order forms to us – for example, at our premises, when entering into a contract at your premises, at trade fairs or information or promotional events, or on any other occasion.

(4) By placing an order, you also give your binding consent to these GTC and to the processing of data in accordance with our data protection statement. If you download the app from third-party platforms (for example, Apple App Store, Google Play, or Amazon Appstore), the contractual terms GTC and privacy policies of the respective third-party provider apply to the extent that there are overlaps in content – particularly with regard to payment terms, the right of revocation, user account and login provisions, privacy policies, the End User License Agreement for Licensed Applications (EULA), or the availability of the services.

(5) You are bound to the commission or order for a period of 2 weeks after placing the order.

(6) We can confirm the receipt of the submitted order or commissionon our platforms, by e-mail to the e-mail address provided by you or by notice on our platforms, in particular on our websites and apps as well as on our profiles on websites and apps of third parties or with a confirmation letter by letter or by handover. The confirmation does not constitute a binding acceptance of the order or the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.

(7) As a matter of principle, we confirm the order or commission ourselves. However, a third party may also issue a confirmation on our behalf if you have ordered or commissioned our service on third-party platforms – in particular a website or app of a third party – on which we maintain a profile.

(8) A contract between you and us shall only be concluded if we expressly accept the order or your order, begin with the performance of the service, issue an invoice, provide the service – in whole or in part – or you create an account on our platforms – whether by registering, taking your details from a third party provider or in any other way.
The acceptance may be simultaneous with confirmation.

(9) If, after execution of the order confirmation, declaration of acceptance or invoice, we become aware of a significant deterioration in your financial circumstances or of unfavourable information about an economic behaviour and/or mode of payment and/or about other circumstances which indicate that our claim to payment could be at risk because of a lack of ability to perform, we shall have a right to refuse performance until payment has been effected in full or you have provided sufficient security. If the payment is not effected in due time or if no security is provided, we shall have the right to withdraw from the contract immediately. Our further claims and rights remain unaffected.

(10) In the case of several contractual partners, or if the contractual partner is a private partnership, they (or their shareholders respectively) are liable for our claim as joint and several debtors. We are entitled to rely on the instructions and information of each of several contractual partners (or their shareholders respectively) in the performance of the contract, without consultation of the other contractual partners (or their shareholders respectively) unless one of them objects in writing. An objection entitles us terminate the contract on the grounds of and with the consequences of a lack of cooperation.

§ 3 Prices, Payment, Default, Terms of Payment, Offsetting, Right of Retention

(1) The prices apply – unless otherwise agreed in individual cases – plus any delivery costs, shipping costs and assembly costs incurred.
(2) Our remuneration shall become due – unless otherwise agreed between you and us – after conclusion of the contract and before the respective service provision. It shall be paid at the latest within 2 weeks after dispatch of our invoice (invoice date). If payment is not made, default of payment shall occur. In the event of default in payment, we shall be entitled to claim default interest and further damages in accordance with the statutory provisions. The default interest for consumers amounts to 5 percentage points above the base interest rate according to § 288 BGB for the year; for entrepreneurs the default interest amounts to 9 percentage points above the base interest rate according to § 288 BGB for the year.

(3) We enable you to use various payment services and options. You can use any payment method provided by us for payment, in particular
– transfer to an account specified by us,
– give us a direct debit mandate or SEPA direct debit mandate,
– pay us by EC/Maestro or credit card,
– pay us via a third party platform (e.g. Apple App Store, Google Play or Amazon Appstore) or
– pay us via a payment service provider specified by us (for example PayPal),
in each case provided that we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently.
(4) You make use of the payment service of a payment service provider by clicking on the button of the payment service provider during the ordering process of services. You will be taken to the corresponding page of the respective payment service provider. You make use of the payment service of a third party platform such as Apple App Store, Google Play or Amazon Appstore by downloading our app via it. With regard to the payment, we only provide access to the page of the respective payment service provider or platform, but do not become a contracting party. In most cases, in order to use the payment services of a payment service provider or the platform, it is necessary to enter into a contractual relationship with the respective payment service provider. The respective contractual terms, GTC and data protection provisions apply.
(5) In the case of a direct debit authorisation, a SEPA direct debit mandate or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest on the due date. A direct debit authorisation granted shall also apply to further orders until revoked.
(6) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed and if you assert notices of defects or counterclaims from the same contractual relationship.
(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and is legally established or undisputed.
(8) In the event that one of our claims from one or more contracts is not paid on time, we are entitled to commission a collection agency (e.g. Creditreform) with the further collection of the due claim. By signing the contract, you agree that we transmit the data and information required to collect the debt to the collection agency (e.g. Creditreform) and that the collection agency (e.g. Creditreform) is entitled to store and process the data. In particular, name and address, contract date, as well as invoice number, invoice amount and due date are transmitted.
(9) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and privacy policy of the respective third-party provider may apply with regard to registration and account, insofar as there are overlaps in content.

§ 4 Delivery

(1) If a delivery has been agreed between you and us, it will be made to the delivery address specified by you. We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) Insofar as no binding delivery date has been agreed in writing, the delivery dates or delivery periods are exclusively non-binding information.
(3) If a delivery period stated by us commences, you are obliged to fulfil the contract in a timely and proper manner, in particular to make payment in due time. We reserve the right to plead non-performance of the contract.
(4) If you are in default of acceptance or if you culpably violate other duties to cooperate, we may assert the damage resulting therefrom subject to further claims. You reserve the right to prove that no damage at all or at least considerably less damage has been incurred in the amount claimed. The risk of accidental loss or accidental deterioration of the object of sale shall pass to you at the point in time at which you are in default of acceptance or debtor’s delay. Your other claims and rights due to a delay in delivery remain unaffected.
(5) Bulky goods (parcels with a larger volume than 1 sqm) are usually delivered by a forwarding agent. We expressly point out that these goods are not carried into the house.
(6) You may request us in text form to deliver within a reasonable period of time 2 weeks after a non-binding delivery date/period has been exceeded. If we culpably fail to meet an express delivery date/period or are in default for any other reason, you shall set a reasonable period of grace for performance. If the grace period expires fruitlessly, you are entitled to withdraw from the purchase contract.

§ 5 Condition

(1) Insofar as services are presented on platforms, we endeavour to provide images of the services offered that are as true to the original as possible.
(2) Usual deviations, for example in structure and colour, remain reserved, insofar as these are in the nature of the materials or work used or are customary in trade or performance.

§ 6 Retention of title

(1) Any goods delivered or handed over remain our property until full payment of all claims arising from the contract.
(2) You are obliged, as long as the ownership has not yet passed to you, to treat the purchased goods with care. In the case of the purchase of a particularly high-value good, in particular from a value of goods of € 10,000.00, you are obliged to insure the goods sufficiently at replacement value against theft, fire and water damage at your own expense.
(3) If maintenance and inspection work is required, it shall be carried out by you and/or it shall be contracted and paid by you.
(4) You shall notify us immediately in text form if the delivered item is seized or subjected to other interventions by third parties. If the third party does not reimburse the court and out-of-court costs deriving from a legal proceeding according to § 771 ZPO, you shall be liable for any damages occurred.
(5) The processing or transformation of the object of sale by you shall always be carried out in our name and on our behalf. The user’s expectant right to the object of sale shall continue to exist in the object reproduced. If the object of sale is processed with other objects not belonging to the user, co-ownership of the new object shall be acquired in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If mixing takes place in a way that establishes the main item as your property, you are obliged to transfer co-ownership or sole ownership to us on a pro rata basis. You shall duly keep our property thus created in safe custody. In order to secure our claims against you, you also assign to us these claims which accrue to you against a third party as a result of the combination of the reserved goods with a property. We have already accepted this assignment.

§ 7 Warranty

(1) We shall be liable for material defects or defects of title of delivered or handed over items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery or handover of the goods. In the case of used goods, the warranty period is one year. These periods shall also apply to claims for compensation for consequential harm caused by a defect, insofar as they do not arise from tort.
(2) Any guarantees given by us for specific items or manufacturer’s guarantees granted by the manufacturers of specific items shall be in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees are set out in the guarantee conditions which may be enclosed with the items.

§ 8 Complaints

(1) You are obliged to immediately notify us of any transport damage or incompleteness of the delivery against the delivery note enclosed with the goods.
(2) If the delivered goods are to be processed and if recognisably defective goods are processed by you, you will not be reimbursed for removal and installation costs or consequential damage even if we are responsible for the defect. However, your claim for subsequent delivery remains unaffected. You should therefore inform us immediately upon discovering a defect.

§ 9 Revocation

(1) If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), the right of revocation does not apply. The following applies to consumers:
-LEGALLY APPLICABLE ORIGINAL WORDING- PLEASE FIND ENGLISH TRANSLATION BELOW-

Widerrufsbelehrung
Widerrufsrecht
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die Waren in Besitz genommen haben bzw. Hat. Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com) mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.
Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet. Wir können die Rückzahlung verweigern, bis wir die Waren wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben, je nachdem, welches der frühere Zeitpunkt ist.
Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrags unterrichten, an uns zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden.

Sie tragen die unmittelbaren Kosten der Rücksendung der Waren.

Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser
Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.

Muster-Widerrufsformular
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)
— An An Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com:
— Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)
— Bestellt am (*) / erhalten am (*)
— Name des/der Verbraucher(s)
— Anschrift des/der Verbraucher(s)
— Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
— Datum _______________ (*)
– ENDE DIESES MUSTERWIDERRUFSFORMULARS –

-TRANSLATION-:
Cancellation policy
Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us, Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to … us or to [insert here the name and address of the person authorised by you to receive the goods, if applicable] without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to a
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
– To Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*).
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
– Date _______________ (*)
– END OF THIS SAMPLE CANCELLATION FORM –

(2) The right of withdrawal does not exist, expires or can be excluded if there is a legally regulated case, a corresponding court decision or another legal reason. Legally regulated cases result in particular from §§ 312 g or 356 BGB.
In particular, a right of revocation does not exist for the following contracts:
– in the case of contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or the contracts are clearly tailored to the personal needs of the consumer.
– in the case of contracts for the supply of goods which may spoil quickly or whose expiry date would be quickly exceeded.
– in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
– in the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
– in the case of contracts for the supply of alcoholic beverages where the price was agreed at the time of conclusion of the contract but the beverages were supplied no earlier than 30 days after conclusion of the contract and their current value depends on fluctuations in the market over which the trader has no influence.
– in the case of contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
– in the case of contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
– in the case of contracts for the supply of goods or for the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period, in particular services relating to shares. to units in open-ended investment funds within the meaning of Article 1(4) KAGB and to other tradable securities, foreign exchange, derivatives or money market instruments.
– in the case of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, the transport of goods, motor vehicle hire, the supply of food and drink and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision.
– in the case of contracts concluded under a form of marketing in which the trader offers goods or services to consumers who are present in person or who are given the opportunity to be present in person, in a transparent procedure conducted by the auctioneer and based on competitive bids, where the successful bidder is obliged to purchase the goods or services (public auction).
– in contracts where the consumer has expressly requested the trader to visit him in order to carry out urgent repair or maintenance work. This does not apply in respect of other services provided at the visit which the consumer has not expressly requested, or in respect of goods supplied at the visit which are not necessarily needed as spare parts for the maintenance or repair.
– in the case of contracts for the provision of betting or lottery services, unless the consumer has made his contractual declaration by telephone or the contract has been concluded away from business premises.
– in the case of contracts notarised by a notary; this also applies to distance contracts for financial services, only if the notary confirms that the consumer’s rights under Section 312 d (2) of the German Civil Code are granted.

(3) The right of revocation shall not apply to contracts for which the consumer is already entitled to a right of revocation under § 355 of the German Civil Code BGB on the basis of §§ 495, 506 to 513 BGB and to contracts concluded outside business premises for which the consumer is already entitled to a right of revocation under § 305 (1) to (6) KAGB.
(4) The right of withdrawal in a contract for the supply of digital content not on a tangible medium shall also expire if the trader has started the performance of the contract after the consumer has
1. expressly consented to the trader starting the performance of the contract before the end of the withdrawal period; and
2. has confirmed his knowledge that, by giving his consent, he loses his right of withdrawal when the performance of the contract begins.
(5) In particular, in the case of a contract for the provision of services, the right of withdrawal shall also expire if the trader has fully performed the service and has only started to perform the service after the consumer has given his express consent to this and has at the same time confirmed his knowledge that he loses his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer’s consent must be provided on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal shall expire, by way of derogation from the first sentence, if the contract has been performed in full by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.

§ 10 Transfer of Risk and Insurance

(1) The risk of accidental loss and accidental deterioration shall pass to you – even in the case of carriage paid delivery – at the latest upon delivery of the performance to the person / institution designated to carry out the shipment or upon leaving the warehouse for the purpose of shipment. This shall also apply to partial performances. In the case of work performances, the risk shall pass upon acceptance or, alternatively, completion, without prejudice to the above provision.
(2) The risk shall also pass to you if you are in default of acceptance.
(3) If dispatch is delayed at your request or due to a circumstance for which you are responsible, the risk shall pass to you upon notification of readiness for dispatch.
(4) In the case of services outside our works, we shall not bear any risk of accidental loss or accidental deterioration.

C. Provisions Regarding Platform Services for Users

§ 1 Registration, account and conclusion of contract
The services on our platforms can be used without an account. By using our platforms, you make an offer to conclude a contract for the duration of the use of our platforms in accordance with these GTC, which we accept by providing the service.

§ 2 Payment service providers and depositor services for service providers on the platform
(1) We may provide you with various payment services and payment options via the systems of our Platforms in the event that you use fee-based services of the Providers in order to facilitate a smooth payment of the Provider’s remuneration.

(2) You can choose from various payment services and payment options. We reserve the right to exclude certain payment options individually or to add them subsequently.

(3) You can initiate payment as part of the binding order process for services by clicking on the corresponding button of the payment service provider. You will then be redirected to the corresponding page of the respective payment service provider.

(4) We only provide the technical access to the page of the respective payment service provider, but do not become a contracting party within the scope of the payment transaction. The use of payment services generally requires a contractual relationship with the corresponding payment service provider.

(5) We shall receive deposits set by the service providers. The deposits shall be either forwarded by us to the service providers or kept by us for the service providers. The service providers are responsible for the return of the deposits, and in case of safekeeping by us we are responsible for the return of the deposits, as soon as and only if the deposits are cleared for return by the service provider. Usually, the deposits amount to 30-50% of the served fee owed by you to the service provider.
(6) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and privacy policy of the respective third-party provider may apply with regard to registration and account, insofar as there are overlaps in content.

§ 3 Revocation

(1) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the right of revocation does not apply. For consumers the following applies:
-LEGALLY APPLICABLE ORIGINAL WORDING- PLEASE FIND ENGLISH TRANSLATION BELOW-
Widerrufsbelehrung
Widerrufsrecht
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsschlusses.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com) mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.
Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.
Haben Sie verlangt, dass die Dienstleistungen während der Widerrufsfrist beginnen soll, so haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses Vertrags unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang der im Vertrag vorgesehenen Dienstleistungen entspricht.

Muster-Widerrufsformular
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)
— An Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com:
— Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über die Erbringung der folgenden Dienstleistung (*)
— Bestellt am (*) / erhalten am (*)
— Name des/der Verbraucher(s)
— Anschrift des/der Verbraucher(s)
— Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
— Datum _______________ (*)

– ENDE DIESES MUSTERWIDERRUFSFORMULARS –

-TRANSLATION-:

Cancellation policy

Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form
– (If you wish to cancel the contract, please complete and return this form).
To Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*).
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only in case of paper communication)
– Date _______________ (*)

– END OF THIS MODEL WITHDRAWAL FORM –

(2) The right of withdrawal in a contract for the supply of digital content not on a tangible medium shall also expire if the trader has started the performance of the contract after the consumer has
1. expressly consented to the trader starting the performance of the contract before the end of the withdrawal period; and
2. has confirmed his knowledge that, by giving his consent, he loses his right of withdrawal when the performance of the contract begins.
(3) In particular, in the case of a contract for the provision of services, the right of withdrawal shall also expire if the trader has fully performed the service and has only started to perform the service after the consumer has given his express consent to this and has at the same time confirmed his knowledge that he loses his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer’s consent must be provided on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal shall expire, by way of derogation from the first sentence, if the contract has been performed in full by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.
(4) If the app was downloaded from a third-party platform (App Store or Google Play Store), the contractual terms of the platform apply with regards to revocation. The revocation is made to the platform because the platforms are an intermediary and your direct contractual partner.

§ 4 Our services and services and services of service providers on our platforms

(1) On our platforms we present services of service providers, in particular in the fields of real estate rental services, boat rental services and events as well as other services.
(2) As a matter of principle, we do not provide any services in these fields ourselves. We do not assume any liability for breaches of duty or defects arising from contracts between you and the providers presented by us, since in such cases we act solely as an intermediary between you and the providers or offer the providers a presentation area for their services. Exceptionally, we provide a service if you commission us as a provider in a special agreement. This is only the case if there is an individual contract between us as provider and you for the performance of such a service.
3) In order to enable you to find suitable providers and services, we provide the providers with the possibility of presenting the relevant information (pictures, videos, descriptions, brands and logos, etc.) on specific providers or their offers. We allow you to conduct a search and sort or pre-sort the search results according to various criteria. We reserve the right to modify information in order to ensure better comprehensibility vis-à-vis the user, in particular in the case of content, grammatical or spelling errors. Providers can increase their visibility by adding the additional option of improved findability with us. Such providers receive a better position in the search results, for example.
(4) The editorial content on the platforms expressly does not constitute advice, especially not in individual cases. They do not replace sound advice and support in individual cases as provided by providers.
(5) You will not incur any costs for using the platforms.
(6) We enable you to present your services to providers via our platforms and to conclude contracts with them in the following ways:

– Enquiry model: The user submits an enquiry via the platform, which is forwarded to providers for the submission of an offer.

§ 5 Enquiry model

(1) You have the option of submitting your enquiry to providers via the platform. This requires you to register as a user and create an account. We offer registered and logged-in providers, in particular real estate and boat rental services the opportunity to make a service offer matching a user’s enquiry. The service offer is binding and can be accepted by you with legal effect.

(2) The platform forwards the enquiry directly to a provider presenting its services. The receipt of the enquiry is initially confirmed without obligation. Only then can a provider submit a binding service offer to you.

(3) After a provider decides to submit a binding service offer and thus to perform a service, a contractual relationship between you and the provider is only established after you have accepted the service offer.

(4) We reserve the right to change enquiries in order to ensure better comprehensibility to the provider, in particular in the case of content, grammatical or spelling errors. Furthermore, we reserve the right to change, distribute elsewhere or delete enquiries if:
– No acceptance by the user within 2 working days,
– The user cannot be reached,
– No suitable provider is available,
– An incomplete, incomprehensible or misleading enquiry exists,
– A request violates applicable law, especially if it contains offensive or untrue content.
(5) It may happen that no suitable provider is found for your enquiry and the mediation cannot be carried out. There is no legal claim whatsoever to the acceptance of an enquiry, the preparation of a service offer or the performance of a free initial check.
(6) In the event of contact between provider and user outside the portal, the user is obliged to inform us immediately. If the information is not provided, we are entitled – irrespective of other claims – to terminate the contractual relationship with immediate effect. In this case, we also reserve the right to block the user permanently.

§ 6 Free of charge for users
(1) You will not incur any costs for the use of our platforms.
(2) Only the providers pay us a fee for our chargeable services.

§ 7 Contractual Term and termination
(1) A contract between you and us runs for an indefinite period of time, unless we have agreed on a different term.
(2) If no minimum term has been agreed, you as well as we are entitled to terminate the contract at any time without giving reasons. A termination can be made by e-mail, by fax or within the account. In the case of a paid service, you remain obliged to pay the agreed fee until the end of the contract despite termination.
(3) In order that the termination by e-mail or fax can be assigned, the full name, the deposited e-mail address, the address and the personal identifier should be provided.
(4) In the event of a minimum contract term, the contract shall be extended for an indefinite period after the minimum contract term if it is not terminated in advance by one of the parties with a notice period of one month to the respective end of the term. After the extension for an indefinite period, the contract may be terminated with a notice period of one month to the end of a month.
(5) We are entitled to terminate the contract at our discretion, with or without prior notice and without giving reasons at any time and with immediate effect. We also reserve the right to remove profiles and/or any content of the user at any time. In the event that the User’s registration has been terminated and/or profiles or published content of the User have been removed, we shall have no obligation to inform the User thereof or of the reason for termination and/or removal of any content. We are entitled to send information about the termination to other users – especially if they had contact with the terminated user.
(6) Each type of termination entitles us to delete the account as well as all personal data created or uploaded by the user. Personal data and other information are the sole responsibility of the respective provider. The termination of the contract between us and the user has no effect on an already concluded mediation and the service relationship with the provider, nor will it affect any agreements and contracts signed with the service provider.

D. General Final Provisions

§ 1 Duty to cooperate
(1) You shall assist us in the performance of our contractual services by reasonable acts of cooperation. You will, for example, provide us with the necessary information, data, circumstances, conditions; provide documents, materials, things or access for the performance of the service; give us instructions and releases without delay and appoint a competent contact person who will not be replaced.
(2) Insofar as you are not entitled to notify, provide or make available in accordance with Paragraph 1, for example because there are violations of competition, data protection, trademark and brand law or any violations of third party rights or official regulations, there is also a lack of cooperation. You warrant that you are authorised to perform the relevant actions. A corresponding review by us will not take place. You shall indemnify us on first demand against any claims by third parties who take action against us due to your lack of authorisation and shall reimburse us for any damage incurred due to the claim by the third party, including any court costs and lawyers’ fees incurred for the legal defence. In all other respects, the statutory provisions shall apply.
(3) Missing, incomplete, damaging or infringing cooperation – for example by providing incomplete or incorrect information, data, materials or documents or by providing information, data, materials or documents that are not suitable for lawful use – shall entitle us to terminate the contract, in the case of a contract with an entrepreneur also without affecting the agreed remuneration.
(4) If we incur damage as a result of faulty cooperation, we shall be entitled to claim damages. In this case, you shall also indemnify us against all third party claims asserted by third parties in connection with acts of cooperation performed by you incorrectly, at least due to gross negligence.

§ 2 Time limit for performance and force majeure
(1) Unless agreed in individual cases, we are not bound by time limits and deadlines for the performance of the service. Performance deadlines must be in writing.
(2) Insofar as we are prevented from rendering performance due to the occurrence of unforeseeable, extraordinary events for which we are not responsible and which we were unable to avert despite exercising reasonable care in accordance with the circumstances of the individual case – irrespective of whether they occur at the user’s or the partner’s premises (e.g. operational disruptions, delays in the delivery of essential raw and auxiliary materials or in the performance of the contract by subcontractors), we shall be entitled to claim compensation from you. (e.g. operational disruptions in the delivery of essential raw and auxiliary materials or in the fulfilment of the contract by subcontractors, official interventions, industrial disputes, lock-outs, operational disruptions of any kind in our company or in third-party companies, shortage of goods or similar, which are outside our sphere of influence and for which we are not responsible), the possibly agreed time of performance shall be extended to such an extent that the reasonable fulfilment of the obligation to perform is possible. If performance becomes impossible, we shall be released from the obligation to perform without you being entitled to withdraw from the contract or claim damages. If corresponding obstacles occur on your side, the same legal consequences shall also apply to your acceptance obligation. The contracting parties shall notify each other of such obstacles without delay.

§ 3 Lien

(1): On account of our claims, we acquire a right of lien on your goods which have come into our possession in the course of the performance of the contract. It secures all claims we have against you in connection with the legal relationship as a result of which we have obtained possession of the item.

(2) At your request, we shall release the items subject to the lien at our discretion if the realisable value of the securities to which we are entitled exceeds the total claim to be secured by more than 20%.

§ 4 Communication
(1) In order to ensure quick and easy communication with each other, communication will generally take place via e-mail, social media- channels and phone. You consent to information being sent to you by e-mail, to your account on our platforms (if registered), by post or by other means.
(2) The dispatch and communication are at your risk. We are not responsible or liable for disruptions in the line networks of the Internet, for server and software problems of third parties or problems of a postal or delivery service provider.
§ 5 Technical availability, data, functionality and content
(1) The Platforms are accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond our control and subject to outages and maintenance required for operation. We work diligently to ensure the highest possible availability. Availability depends, among other things, on your technical equipment. Interruptions in availability may occur due to necessary maintenance and security work or unforeseen events beyond our control.
(2) We are not liable for your loss of data or any damage resulting therefrom, insofar as the damage would not have occurred if you had regularly and completely backed up your data.
(3) We may change any functionality, appearance, structure or content of our Platforms without obtaining your consent.
(4) We are entitled to block or change any content – including user-generated content.

§ 6 Granting of rights
(1) You undertake not to distribute any texts, images, video, audio files and/or other content (“Files”) via the Platforms that violate applicable law, morality and/or these GTC. In particular, you undertake to respect the rights of third parties, such as copyrights, trademark rights, patent and utility model rights, design rights, database rights and any other industrial property rights (hereinafter “property rights”).

(2) You hereby grant us a comprehensive, exclusive right of use, unlimited in space and time and unrestricted for all types of use, to the files required for the performance of the service, which you publish via our platforms or upload to our platform or to the user account for the performance of the service or forward to us in any other way.

(3) The granting of rights includes in particular the right to use the files for our own purposes for the performance of our own services as well as for our own advertising purposes worldwide and for an unlimited period of time.

(4) Insofar as we create files for the user or provider, all copyrights and user rights remain with us.

(5) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and data protection provisions of the respective third-party provider may apply insofar as there is an overlap in content.

§ 7 Our rights to and on our platforms

(1) You agree that the Platforms and all related applications are database works and databases within the meaning of Sections 4 (2), 87a (1) UrhG (German Copyright Act), of which we are the legal owners. All related applications are subject to protection pursuant to Sections 69a et seq. UrhG. They are protected by copyright.

(2) The rights to all other elements of our platforms, in particular the rights of use and ancillary copyrights to the content and documents posted by us or acquired by granting rights, are also exclusively ours. In particular, trademarks, other marks, company logos, protective notes, copyright notices or other features serving to identify individual elements of our platforms may not be removed or changed. This also applies to printouts.

§ 8 Modification of the Services

We reserve the right to discontinue, change or restrict access to software, online databases, functions, operating systems, documentation and all other components of our software required for the use of our services as well as their mode of operation – to the extent legally permissible also without prior notice – in whole or in part, at any time, temporarily or permanently. In particular, we reserve the right to change or deactivate features of our services (e.g. design, layout, categories, structure or availability), to convert free components into chargeable components, to discontinue support for certain functions or to suspend compatibility (e.g. with certain types of devices or operating systems).

§ 9 End User Licence Agreement (EULA)
(1) We grant you a personal, non-exclusive, revocable, non-transferable and worldwide right to use the Platforms – in particular any software features on the Website or Apps – their content, services, other features and any updates. This is granted exclusively for your own use and in the context of the use of the platforms and their services and to the exclusion of any other purposes.
(2) Our digital products (especially apps, software) are licensed to you and not sold to you.
(3) The licence does not give you any right to use the content. In particular, it is prohibited
– Adapt, modify, translate, edit, reverse engineer, disassemble, transcode or reverse engineer the Platforms, their content, services, other features or updates;
– Export the Platforms, their contents, services, other functions or updates, or combine them in whole or in part with other software programs, or reproduce them in whole or in part, by any means and in any form, permanently or temporarily;
– Extract or re-use any of the contents of the Databases created from the Platforms;
– create works derived from the Licensed Platform;
– Use processes or software designed to copy the Platforms, their content, services, other features or updates without our consent;
– Set up systems capable of hacking the Platforms.
– Offer or provide our services to third parties without our consent.
(4) In the event of a violation of the prohibition, there shall be criminal liability and liability for damages.
(5) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and data protection provisions of the respective third-party provider may apply insofar as there is an overlap in content.

§ 10 Third Party Advertising
(1) We reserve the right to display third party advertisements to you. We have no control over the advertising, in particular its content, reliability or accuracy. Advertisements are displayed without our review, in particular we do not endorse their content – the advertiser alone is responsible. In any form of use – in particular by clicking, using their services carried out by means of an application programming interface (“API”) or visiting their platforms linked to the advertising – their contractual terms, GTC and data protection provisions shall apply.
(2) Advertising may in particular be accompanied by the linking of third-party platforms or third-party API applications. Here, too, the responsibility lies solely with the respective provider of the advertising. Their contractual conditions, GTC and data protection provisions apply.

§ 11 Copyrights
We have copyright and other rights in all images, films, text and other content protected by copyright or similar rights that is published on our website, our profiles on other websites, our social media profiles. Use of the images, films, texts and other rights is not permitted without our written consent.

§ 12 Data protection and data security

(1) We collect personal data from you and, if applicable, other data supplied by you or obtained by us in the course of fulfilling the contract for the purpose of executing the contract and fulfilling contractual and pre-contractual obligations. The data collection and data processing is necessary for the fulfilment of the contract and is based on Article 6 (1) b) DSGVO. We process it in accordance with the obligations of the DSGVO. According to Article 5 (1), personal data must essentially:

(a) be processed in a lawful and fair manner and in a way that is comprehensible to the data subject (“lawfulness, fair processing, transparency”);

(b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes (‘purpose limitation’);

(c) adequate and relevant to the purpose and limited to what is necessary for the purposes of the processing (“data minimisation”);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data which are inaccurate in relation to the purposes of their processing are erased or rectified without delay (“accuracy”);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed (“storage limitation”);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage by appropriate technical and organisational measures (“integrity and confidentiality”).

(2) Generally, data will not be transmitted to third parties if there is no corresponding obligation or if the performance of the contract or compliance with a legal deadline makes a data transmission necessary, for example if the transmission of the data is necessary in order for a third party provider to carry out a query for you that is necessary for the performance of the contract, your data is forwarded to a payment provider or freelancers are used in order to contribute to the fulfilment of a performance obligation towards you. In these cases, the service providers will often have a contractual relationship with you, so they act on their own responsibility.
(3) As soon as data is no longer required for the purpose of its processing and if there is no further legal obligation to retain it, it will be deleted by us. We retain your data during the initiation and execution of our contractual relationship. It may also be necessary to retain data after termination of our contractual relationship. For example, invoice data (billing documents) must be stored for 10 years in accordance with § 147 of the German Fiscal Code (Abgabenordnung). As long as a service provider performing services for us also has a contract with us for the performance of your service, we remain obligated to retain the data in accordance with the agreed retention periods.
(4) You have the right to information, data transfer, deletion, correction, restriction or blocking of your personal data. In particular, you have a right to free information about all personal data.
Your request can be made to us. In addition, you have the right to corresponding administrative or judicial remedies or to appeal to a supervisory authority.
(5) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and data protection provisions of the respective third-party provider may apply insofar as there is an overlap in content.

§ 13 Liability and indemnification
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as a contractual partner may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the foregoing and all other limitations of liability, warranty or responsibility and exclusions of liability, warranty or responsibility agreed in these GTC and between us.
(4) You shall indemnify us upon first request against any claims of third parties asserted against us and/or our vicarious agents due to possible culpable violations of the Partner’s obligations – in particular from these GTC. You shall reimburse us for any damage incurred due to the claim by the third party, including any court costs and lawyers’ fees incurred for the legal defense. In all other respects, the statutory provisions shall apply.

§ 14 Place of Performance, Applicable law, contractual language and place of jurisdiction

(1) For all performances under the contract, it is agreed that the place of performance shall be 72762 Reutlingen.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you and us are at the time of the conclusion of the contract merchants according to the HGB and if you have your registered office in Germany, the exclusive place of jurisdiction is our registered office in 72762 Reutlingen. Otherwise, the applicable statutory provisions shall apply according to the local and international jurisdiction.

(3) Unless otherwise agreed in writing, the contractual language shall be German. All translated legal texts or documents such as these GTC are solely for the purpose of better understanding. In particular with regard to a contractual agreement as well as these GTC, the data protection provisions or all other documents or legal texts, the German versions are legally binding; this applies in particular in the event of deviations or differences in interpretation between such legal texts or documents.

The EU Commission has created an internet platform for the online settlement of disputes – the alternative dispute resolution in accordance with the ODR Regulation and § 36 VSBG. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More detailed information is available at the following link: http://ec.europa.eu/consumers/odr

Participation in a dispute resolution procedure before a consumer arbitration board is not obligatory and is not carried out by us.

§ 15 Final provisions
(1) Amendments and supplements to these General Terms and Conditions shall be made in writing; we reserve the right to do so. Amendments require that you are not unreasonably disadvantaged, that there is no breach of good faith and that you do not object to the amendment. In the event of a change, notification shall be given via one of the communication channels – in particular by e-mail – 2 months before it takes effect. The amendment shall become effective if it is not objected to within this period – thereafter the amended GTC shall become valid.
(2) We reserve the right to assign this contract to another company. It becomes valid 1 month after sending a notice of assignment to you via one of our communication channels – in particular by e-mail. In the event of an assignment, you shall have a right of termination which shall apply 1 month after receipt of the notification of assignment. All rights granted to us shall at the same time be deemed granted to our legal successors.
(3) In the event that individual provisions of these GTC are invalid, the legal validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision which comes closest to the intended economic purpose.[/et_pb_text][et_pb_text _builder_version=”4.23.1″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″]

General Terms and Conditions Ibiza Heartbeat for service providers
Our GTC apply to service providers on our portal Ibiza Heartbeat in the fields of real estate rental services, boat rental services, events and other services on our websites or apps, on profiles on third-party websites or apps as well as on all other distribution channels (“platforms”) as agreed. As our contractual partner and service provider on our platforms, these GTC include your rights and obligations towards us as your provider, as well as the most important data protection provisions.

Preamble Ibiza Heartbeat

Ibiza Heartbeat – your personal guide to make the most of your trip and fall in love with Ibiza (again)! We present Ibiza to you- and assist you in finding your villa, boat and event.

§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all
Contractual relationships regulating the provision of offers to users of our platforms

between
Dennise Karisch – Ibiza Heartbeat
Gminderstrasse 29
72762 Reutlingen,
(more information in the imprint)
(hereinafter referred to as “user”, “we”, or “us”)

and you
(hereinafter referred to as “Provider”, “Service Provider”, “Partner”, “Your” or “You”).

(2) The GTC apply regardless of whether you are a consumer or an entrepreneur.
(3) You are a “consumer” if you are a natural person who concludes a contract with us for purposes that can predominantly be attributed neither to your commercial nor to your independent, public or non-profit professional activity.
(4) You are an “entrepreneur”, if you are a natural person or conclude a contract for a legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent, public or non-profit professional activity when concluding the contract with us.
(5) These GTC apply on all our Platforms. “Platforms” means all our sales and operations channels and services. In particular, it includes our websites or apps as well as our profiles on websites or apps of our partners, as well as all physical or digital documents including e-mails, contracts and any informational materials. In particular, it concerns all our premises such as offices; all our sales areas such as stands or shop premises as well as our websites or apps and our profiles on websites or apps of our partners.
(6) The version of the GTC valid at the time of conclusion of the contract shall apply. Deviating GTC shall not be accepted. This shall also apply if we have not expressly objected to their inclusion. Something else may apply insofar as something else is stipulated in these GTC in individual cases. Insofar as legal texts or documents, including these GTC, are translated into a language other than German , the German legal texts or documents shall be legally binding and thus applicable – the translated legal texts or documents shall serve solely to provide a better understanding.
(7) All agreements made between you and us in connection with a service result in particular from an order or commissioning as well as the associated appendices, our confirmation, our acceptance and, in addition, if not regulated therein, from these GTC. These GTC shall also apply to subsequent orders or commissions placed by you during or after the expiry of the contract term, unless other GTC have been included at that time.
(8) These GTC also apply to other contracts concluded between you and us, insofar as there are no special GTC relating to the other type of contract and clauses of these GTC may apply in terms of content.

§ 2 Prices, Payment, Default, Terms of Payment, Offsetting, Right of Retention and Official Fees, hourly fees
(1) The prices stated by us are – unless otherwise presented or agreed in individual cases – net prices excluding value added tax.
(2) Our remuneration shall become due – unless otherwise agreed between you and us – after conclusion of the contract and before the respective service provision. It shall be paid at the latest within 2 weeks after dispatch of our invoice (invoice date). If payment is not made, default of payment shall occur. In the event of default in payment, we shall be entitled to claim default interest and further damages in accordance with the statutory provisions. The default interest for consumers amounts to 5 percentage points above the base interest rate according to § 288 BGB for the year; for entrepreneurs the default interest amounts to 9 percentage points above the base interest rate according to § 288 BGB for the year.
(3) We enable you to use various payment services and options. You can use any payment method provided by us for payment, in particular
– transfer to an account specified by us,
– give us a direct debit mandate or SEPA direct debit mandate,
– pay us by EC/Maestro or credit card,
– pay us via a third party platform (e.g. Apple App Store, Google Play or Amazon Appstore) or
– pay us via a payment service provider specified by us (e.g. PayPal),
, provided we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently.
(4) You make use of the payment service of a payment service provider by clicking on the button of the payment service provider during the ordering process of services. You will be taken to the corresponding page of the respective payment service provider. You make use of the payment service of a third party platform such as Apple App Store, Google Play or Amazon Appstore by downloading our app via it. With regard to the payment, we only provide access to the page of the respective payment service provider or platform, but do not become a contracting party. In most cases, in order to use the payment services of a payment service provider or the platform, it is necessary to enter into a contractual relationship with the respective payment service provider. The respective contractual terms, GTC and data protection provisions apply.
(5) In the case of a direct debit authorisation, a SEPA direct debit mandate or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest on the due date. A direct debit authorisation granted shall also apply to further orders until revoked.
(6) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed and if you assert notices of defects or counterclaims from the same contractual relationship.
(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and is legally established or undisputed.
(8) In the event that one of our claims from one or more contracts is not paid on time, we are entitled to commission a collection agency (e.g. Creditreform) with the further collection of the due claim. By signing the contract, you agree that we transmit the data and information required to collect the debt to the collection agency (e.g. Creditreform) and that the collection agency (e.g. Creditreform) is entitled to store and process the data. In particular, name and address, contract date, as well as invoice number, invoice amount and due date are transmitted.
(9) Fees (any offices, authorities or similar), fees or other payment claims of other creditors resulting from the provision of services. ), fees or other claims for payment of other payment matters resulting from the provision of services – in particular public creditors, – are not included in the price and shall be paid by you separately and to the respective offices or persons.
(10) An hourly fee is billed in 15-minute increments (0.25 hours). For each 6 minutes or part thereof, one tenth of the hourly rate is charged. In the case of flat-rate hourly packages or time quotas for the overall service or specific service sections, any unused hours shall be forfeited after completion of the overall service or service section. In particular, there shall be no claim to transfer of the hours to another overall service or their reimbursement upon payment.
(11) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and privacy policy of the respective third-party provider may apply with regard to registration and account, insofar as there are overlaps in content.

§ 3 Registration, account, selection procedure and conclusion of contract
(1) You need an account to use our platforms. In particular, it is required for the use of our platforms for mediation, initiation of conclusion of contracts with users. In order to obtain it, registration is required.

(2) The provision of the data requested during registration is mandatory. You assure their completeness and correctness.

(3) The following requirements exist for registration:

Consumers are natural persons of unlimited legal capacity over the age of 18 or of limited legal capacity acting with the consent of their parents.
Businesses as natural persons meet the requirements of a consumer.
Entrepreneurs as partnerships or corporations as well as any other corporate bodies, associations or communities have legal capacity and have a representative authorised to represent them. The indication of a P.O. Box is not sufficient.
(4) There is no entitlement to registration. We are entitled to reject a registration. With the conclusion of the registration, a contractual relationship, the “Provider Contract”, arises and begins between you and us. By registering, you also agree to these GTC and to data processing in accordance with our privacy and data protection policy. If you download the app from third-party platforms (for example, Apple App Store, Google Play, or Amazon Appstore), the contractual terms, GTC and privacy policy of the respective third-party provider shall apply insofar as there is an overlap in content – in particular with regard to the payment terms, the right of revocation, the user account and login provisions, the privacy policy, the End User License Agreement for Licensed Applications (EULA), or the availability of the services.

(5) Before creating an account, we reserve the right to conduct a selection process. This is based on our selection criteria as an essential part of our quality management. We are entitled to make any selection without giving reasons, in particular a rejection decision. There is no entitlement to a quick or positive selection, in particular to the granting of an application. We will not reimburse any costs incurred in the process.

(6) With the registration you will receive an account which contains all necessary data for the use. You may only use the account yourself; in particular, you may not allow third parties to use the account or transfer the account to third parties (account sharing). The access data of the platforms require a password, which must be chosen in a particularly secure manner. The access data may not be disclosed to third parties – with the exception of employees or shareholders bound to secrecy who have agreed to the GTC and data protection provisions – in particular to prevent unauthorised persons from accessing confidential information of users. The password may be changed at any time. Multiple accounts of one person are not permitted. Any joint use is not permitted (account sharing). Access data must be stored securely and the user must be informed immediately as soon as the impression of third-party use arises. If we suspect third-party use, we are entitled to take all necessary measures, such as inspection, blocking or deletion of the provider account. The provider is liable for the damages and costs incurred by us for any measures resulting from third-party use. The account shall continue to exist until the termination takes effect.

(7) The provider can log into his account at any time, view, change or add to his profile data, communicate with us, the providers or, if applicable, all other parties involved, or take any other action relating to the provider contract.

(8) You are responsible for the content and quality of all information provided on the Platforms. You warrant that the information you provide is accurate and complete. The information, evidence and other data must be kept up to date at all times. You undertake not to enter, upload or in any way make available to us or the users any content and data that is punishable, illegal or infringes the rights of third parties, and not to use the platforms in any illegal manner, for example to commit criminal offences or to offer illegal services.

(9) You undertake not to misuse the service offer and in particular not to disseminate any illegal, immoral, defamatory, offensive, obscene, pornographic or politically radical content.

(10) Your data may be made available to users of the Platforms.

(11) You must not jeopardise the safe operation of our platforms. You must refrain from doing anything that could inconvenience other users of the platforms or that goes beyond the intended use of our platforms. In particular, you are obliged to refrain from the following:

Upload or send files that contain a virus or other malware or make other interventions that could impair the functionality or accessibility of the platforms or alter or delete content,
Upload or send any form of advertising, especially email advertising, SMS advertising, chain letters or other harassing content,
Subject the Platforms to excessive load or in any other way disrupt or jeopardise their functioning,
Use crawlers, spiders, scrapers or other automated mechanisms to access the Platforms and collect content without written consent,
Collect or use information such as email addresses or phone numbers of other users without prior consent,
Reproduce, publicly display, distribute, edit or use any content of the Platforms or any third party in a manner that exceeds the intended use without the prior consent of us or the third party,
(12) If any of the obligations of this § are breached, we are entitled to take any action with regard to your account. In particular, we are entitled to request a statement from you without giving reasons, to temporarily block the account, to issue a warning, to permanently block the account or to delete it. Furthermore, we expressly reserve the right to assert civil and criminal claims. The sanctions do not affect the obligation to pay for service relationships that have already been established, especially if the service has already been (partially) provided.
(13) If services on our platforms can also be used without an account, you already make an offer to conclude a contract for the duration of the use of a platform in accordance with these GTC by using our platforms, which we accept by providing the service.
(16) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and privacy policy of the respective third-party provider may apply with regard to registration and account, insofar as there are overlaps in content.

§ 4 Revocation

(1) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the right of revocation does not apply. For consumers the following applies:
-LEGALLY BINDING ORIGINAL WORDING-:
Widerrufsbelehrung
Widerrufsrecht
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsschlusses.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com) mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.
Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.
Haben Sie verlangt, dass die Dienstleistungen während der Widerrufsfrist beginnen soll, so haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses Vertrags unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang der im Vertrag vorgesehenen Dienstleistungen entspricht.

Muster-Widerrufsformular
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)
— An (Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com:
— Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über die Erbringung der folgenden Dienstleistung (*)
— Bestellt am (*) / erhalten am (*)
— Name des/der Verbraucher(s)
— Anschrift des/der Verbraucher(s)
— Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
— Datum _______________ (*)

– ENDE DIESES MUSTERWIDERRUFSFORMULARS –

-TRANSLATION-:

Cancellation policy

Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

– To Dennise Karisch, Gminderstrasse 2, 72762 Reutlingen, (+49) 1573 20 44 557, bookings@ibizaheartbeat.com:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*).

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only in case of paper communication)

– Date _______________ (*)

– END OF THIS MODEL WITHDRAWAL FORM –
(2) The right of withdrawal in a contract for the supply of digital content not on a tangible medium shall also expire if the trader has started the performance of the contract after the consumer has
1. expressly consented to the trader starting the performance of the contract before the end of the withdrawal period; and
2. has confirmed his knowledge that, by giving his consent, he loses his right of withdrawal when the performance of the contract begins.
(3) In particular, in the case of a contract for the provision of services, the right of withdrawal shall also expire if the trader has fully performed the service and has only started to perform the service after the consumer has given his express consent to this and has at the same time confirmed his knowledge that he loses his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer’s consent must be provided on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal shall expire, by way of derogation from the first sentence, if the contract has been performed in full by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.
(4) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and privacy policy of the respective third-party provider may apply with regard to registration and account, insofar as there are overlaps in content.

§ 5 Our services and services of the service providers
(1) You as a service provider (real estate rental services, boat rental services, events and other services) can present your services on our platforms and conclude contracts with our users.
(2) You provide the services presented by you on the platforms after concluding a contract with a user. The contractual relationship between you as a provider and a user is established after conclusion of the contract through our mediation. The service provision is carried out by you as provider for your own account and responsibility on the basis of your individual commissioning by a user and – if available – your GTC. You are liable in particular for any breaches of duty or defects arising from the contract with the user.
(3) You are responsible for all content, advertisements and service offers loaded onto the platform. You undertake not to make any criminal, unlawful, abusive, misleading or third party rights infringing service offers and to perform any services; not to enter, upload or in any way make available to us or the users any corresponding content and data; and not to use the platforms in any unlawful manner.
(4) Your content and information must be related to your services. Advertising for services not offered on the Platforms is not permitted. It is not permitted to use seals of approval or other symbols of third parties that are not approved by us.
(5) If you are an entrepreneur and make offers to consumers on the platforms, you must provide the users with the legally required consumer protection information. In particular, you must inform them about the existence or non-existence of the statutory right of withdrawal.
(6) In order to enable users to find your services in line with their needs, we provide you with the possibility of presenting the relevant information (images, videos, descriptions, brands and logos, etc.) or your offers. We enable users to conduct a search and sort the search results according to various criteria or pre-sort the results. We reserve the right to change information to ensure better comprehensibility, especially in the case of content, grammatical or spelling errors. You can increase your visibility by adding the additional option of improved findability. This will give you a better position in the search results, for example.
(7) We enable you to present services to users of our platforms and conclude contracts with them in the following ways:

– Enquiry model: The user makes an enquiry via the platform, which is forwarded to service providers to submit an offer.

Depending on the model selected, the respective agreement applies – in addition to these GTC and if available.

§ 6 Inquiry Model
(1) We offer registered providers the opportunity to make enquiring users a service offer matching their enquiries. You receive enquiries from users via the platforms. You can then submit a service offer via the platforms.
(2) There is no obligation on the part of the user to accept an offer made by you. Likewise, the user is not obliged to engage you after sending a request.
(3) If you decide to submit a binding service offer and thus to perform a service, a contractual relationship between you and the user comes into being after the user has accepted the service offer. Only the concluded contract and – if available – your GTC and data protection conditions are authoritative. If the user decides not to accept the request, the services provided by the user and the provider regarding the case in question remain free of charge.
(4) We reserve the right to modify requests in order to ensure better comprehensibility towards you, especially in case of content, grammatical or spelling errors. We further reserve the right to modify, distribute elsewhere or delete requests if:
– No acceptance is made by the provider within 2 working days,
– You cannot be reached,
– No suitable provider is available,
– A request is incomplete, incomprehensible or misleading,
– A request violates applicable law, especially if it contains offensive or untrue statements.
(5) In order to ensure correct billing of our remuneration in the event of contact between you as a provider and a user outside the platforms after contact has previously taken place on the platform, the provider is obliged to inform us immediately about this and about the amount of the agreed remuneration. If the information is not provided, we are entitled to terminate the contractual relationship extraordinarily with immediate effect. In this case, we reserve the right to permanently block a provider and to estimate the remuneration until the concrete remuneration is proven.

§ 7 Our remuneration
(1) We receive remuneration from the providers for the use of certain models and functions of our platforms and the utilisation of our services.
(2) Our remuneration and – if applicable – the special conditions of the respective services depend on the models and functions used in each individual case.

In particular, our remuneration amounts to:
– If a service of a service provider is booked through in the marketplace model, 10% (ten) of the service providers net invoice to the user.
We will expressly inform you of the obligation to pay costs, the costs incurred and all other special conditions within the framework of the respective conclusion of the contract.

§ 8 Contract term and termination

(1) The contract term of the provider contract between you and us is an indefinite period of time, unless we have agreed on a different term.

(2) If no minimum term has been agreed, the provider as well as we are entitled to terminate the provider contract at any time without giving reasons. A termination can be made by e-mail, by fax or within the user account. In the case of a paid service, the provider remains obliged to pay the agreed fee until the end of the contract despite termination.

(3) In order that the cancellation by e-mail or fax can be assigned, the full name, the deposited e-mail address, the address and the personal identifier should be provided. The termination of an additional service/option does not affect the underlying contract.

(4) In the event of a minimum contract term, the contract shall be extended for an indefinite period after the minimum contract term if it is not terminated in advance by one of the parties with a notice period of one month to the respective end of the term. After the extension for an indefinite period, the contract may be terminated with a notice period of one month to the end of a month.

(5) Immediate extraordinary termination for good cause is possible in particular in the event of breaches of the provider contract and other contractual obligations, these GTC, the infringement of third party rights, damage to reputation. A renewed application and registration is only possible after 3 years after a new selection procedure and without legal claim. Claims for damages are reserved.

(6) Any method of termination entitles us to delete the account as well as all personal data created or uploaded by the account holder. Personal data and other information transmitted to you are the sole responsibility of the respective provider.

II. General Final Provisions

§ 1 Duty to cooperate
(1) You shall assist us in the performance of our contractual services by reasonable acts of cooperation. You will, for example, provide us with the necessary information, data, circumstances, conditions; provide documents, materials, things or access for the performance of the service; give us instructions and releases without delay and appoint a competent contact person who will not be replaced.
(2) Insofar as you are not entitled to notify, provide or make available in accordance with Paragraph 1, for example because there are violations of competition, data protection, trademark and brand law or any violations of third party rights or official regulations, there is also a lack of cooperation. You warrant that you are authorised to perform the relevant actions. A corresponding review by us will not take place. You shall indemnify us on first demand against any claims by third parties who take action against us due to your lack of authorisation and shall reimburse us for any damage incurred due to the claim by the third party, including any court costs and lawyers’ fees incurred for the legal defence. In all other respects, the statutory provisions shall apply.

(3) Missing, incomplete, damaging or infringing cooperation – for example by providing incomplete or incorrect information, data, materials or documents or by providing information, data, materials or documents that are not suitable for lawful use – shall entitle us to terminate the contract, in the case of a contract with an entrepreneur also without affecting the agreed remuneration.

(4) If we incur damage as a result of faulty cooperation, we shall be entitled to claim damages. In this case, you shall also indemnify us against all third party claims asserted by third parties in connection with acts of cooperation performed by you incorrectly, at least due to gross negligence.

§ 2 Time limit for performance and force majeure
(1) Unless agreed in individual cases, we are not bound by time limits and deadlines for the performance of the service. Performance deadlines must be made in writing
(2) Insofar as we are prevented from rendering performance due to the occurrence of unforeseeable, extraordinary events for which we are not responsible and which we were unable to avert despite exercising reasonable care in accordance with the circumstances of the individual case – irrespective of whether they occur at the user’s or the partner’s premises (e.g. operational disruptions, delays in the delivery of essential raw and auxiliary materials or in the performance of the contract by subcontractors), we shall be entitled to claim compensation from you. (e.g. operational disruptions in the delivery of essential raw and auxiliary materials or in the fulfilment of the contract by subcontractors, official interventions, industrial disputes, lock-outs, operational disruptions of any kind in our company or in third-party companies, shortage of goods or similar, which are outside our sphere of influence and for which we are not responsible), the possibly agreed time of performance shall be extended to such an extent that the reasonable fulfilment of the obligation to perform is possible. If performance becomes impossible, we shall be released from the obligation to perform without you being entitled to withdraw from the contract or claim damages. If corresponding obstacles occur on your side, the same legal consequences shall also apply to your acceptance obligation. The contracting parties shall notify each other of such obstacles without delay.

§ 3 Lien

(1): On account of our claims, we acquire a right of lien on your goods which have come into our possession in the course of the performance of the contract. It secures all claims we have against you in connection with the legal relationship as a result of which we have obtained possession of the item.

(2) At your request, we shall release the items subject to the lien at our discretion if the realisable value of the securities to which we are entitled exceeds the total claim to be secured by more than 20%.

§ 4 Communication
(1) In order to ensure quick and easy communication with each other, communication will generally take place via e-mail, social media channels as well as via phone. You consent to information being sent to you by e-mail, by your account on our platforms, if present, or by post or by other means.
(2) The dispatch and communication is at your risk. We are not responsible or liable for disruptions in the line networks of the Internet, for server and software problems of third parties or problems of a postal or delivery service provider.

§ 5 Technical availability, data, functionality and content
(1) The Platforms are accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond our control and subject to outages and maintenance required for operation. We work diligently to ensure the highest possible availability. Availability depends, among other things, on your technical equipment. Interruptions in availability may occur due to necessary maintenance and security work or unforeseen events beyond our control.
(2) We are not liable for your loss of data or any damage resulting therefrom, insofar as the damage would not have occurred if you had regularly and completely backed up your data.
(3) We may change any functionality, appearance, structure or content of our Platforms without obtaining your consent.
(4) We are entitled to block or change any content – including user-generated content.
§ 6 Granting of rights

(1) You undertake not to distribute any texts, images, video, audio files and/or other content (“Files”) via the Platforms that violate applicable law, morality and/or these GTC. In particular, you undertake to respect the rights of third parties, such as copyrights, trademark rights, patent and utility model rights, design rights, database rights and any other industrial property rights (hereinafter “property rights”).

(2) You hereby grant us a comprehensive, exclusive right of use, unlimited in space and time and unrestricted for all types of use, to the files required for the performance of the service, which you publish via our platforms or upload to our platform or to the user account for the performance of the service or forward to us in any other way.

(3) The granting of rights includes in particular the right to use the files for our own purposes, for the performance of our own services as well as for our own advertising purposes worldwide and for an unlimited period of time.

(4) Insofar as we create files for the user or provider, all copyrights and user rights remain with us.

(5) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and data protection provisions of the respective third-party provider may apply insofar as there is an overlap in content.

§ 7 Our rights to and on our platforms

(1) You agree that the Platforms and all related applications are database works and databases within the meaning of Sections 4 (2), 87a (1) UrhG (German Copyright Act), of which we are the legal owners. All related applications are subject to protection pursuant to Sections 69a et seq. UrhG. They are protected by copyright.

(2) The rights to all other elements of our platforms, in particular the rights of use and ancillary copyrights to the content and documents posted by us or acquired by granting rights, are also exclusively ours. In particular, trademarks, other marks, company logos, protective notes, copyright notices or other features serving to identify individual elements of our platforms may not be removed or changed. This also applies to printouts.

§ 8 Modification of the Services

We reserve the right to discontinue, change or restrict access to software, online databases, functions, operating systems, documentation and all other components of our software required for the use of our services as well as their mode of operation – to the extent legally permissible also without prior notice – in whole or in part, at any time, temporarily or permanently. In particular, we reserve the right to change or deactivate features of our services (e.g. design, layout, categories, structure or availability), to convert free components into chargeable components, to discontinue support for certain functions or to suspend compatibility (e.g. with certain types of devices or operating systems).

§ 9 End User Licence Agreement (EULA)
(1) We grant you a personal, non-exclusive, revocable, non-transferable and worldwide right to use the Platforms – in particular any software features on the Website or Apps – their content, services, other features and any updates. This is granted exclusively for your own use and in the context of the use of the platforms and their services and to the exclusion of any other purposes.
(2) Our digital products (especially apps, software) are licensed to you and not sold to you.
(3) The licence does not give you any right to use the content. In particular, it is prohibited
– Adapt, modify, translate, edit, reverse engineer, disassemble, transcode or reverse engineer the Platforms, their content, services, other features or updates;
– Export the Platforms, their contents, services, other functions or updates, or combine them in whole or in part with other software programs, or reproduce them in whole or in part, by any means and in any form, permanently or temporarily;
– Extract or re-use any of the contents of the Databases created from the Platforms;
– Create works derived from the Licensed Platform;
– Use processes or software designed to copy the Platforms, their content, services, other features or updates without our consent;
– Set up systems capable of hacking the Platforms.
– Offer or provide our services to third parties without our consent.
(4) In the event of a violation of the prohibition, there shall be criminal liability and liability for damages.
(5) If the app was downloaded from third-party platforms, the contractual terms and conditions, GTC and data protection provisions of the respective third-party provider may apply insofar as there is an overlap in content.

§ 10 Third Party Advertising
(1) We reserve the right to display third party advertisements to you. We have no control over the advertising, in particular its content, reliability or accuracy. Advertisements are displayed without our review, in particular we do not endorse their content – the advertiser alone is responsible. In any form of use – in particular by clicking, using their services carried out by means of an application programming interface (“API”) or visiting their platforms linked to the advertising – their contractual terms, GTC and data protection provisions shall apply.
(2) Advertising may in particular be accompanied by the linking of third-party platforms or third-party API applications. Here, too, the responsibility lies solely with the respective provider of the advertising. Their contractual conditions, GTC and data protection provisions apply.

§ 11 Copyrights
We have copyright and other rights in all images, films, text and other content protected by copyright or similar rights that is published on our website, our profiles on other websites, our social media profiles. Use of the images, films, texts and other rights is not permitted without our written consent.

§ 12 Data protection and data security

(1) We collect personal data from you and, if applicable, other data supplied by you or obtained by us in the course of fulfilling the contract for the purpose of executing the contract and fulfilling contractual and pre-contractual obligations. The data collection and data processing is necessary for the fulfilment of the contract and is based on Article 6 (1) b) DSGVO. We process it in accordance with the obligations of the DSGVO. According to Article 5 (1), personal data must essentially:

(a) be processed in a lawful and fair manner and in a way that is comprehensible to the data subject (“lawfulness, fair processing, transparency”);

(b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes (‘purpose limitation’);

(c) adequate and relevant to the purpose and limited to what is necessary for the purposes of the processing (“data minimisation”);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data which are inaccurate in relation to the purposes of their processing are erased or rectified without delay (“accuracy”);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed (“storage limitation”);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage by appropriate technical and organisational measures (“integrity and confidentiality”).

(2) Generally, data will not be transmitted to third parties if there is no corresponding obligation or if the performance of the contract or compliance with a legal deadline makes a data transmission necessary, for example if the transmission of the data is necessary in order for a third party provider to carry out a query for you that is necessary for the performance of the contract, your data is forwarded to a payment provider or freelancers are used in order to contribute to the fulfilment of a performance obligation towards you. In these cases, the service providers will often have a contractual relationship with you, so they act on their own responsibility.
(3) As soon as data is no longer required for the purpose of its processing and if there is no further legal obligation to retain it, it will be deleted by us. We retain your data during the initiation and execution of our contractual relationship. It may also be necessary to retain data after termination of our contractual relationship. For example, invoice data (billing documents) must be stored for 10 years in accordance with § 147 of the German Fiscal Code (Abgabenordnung). As long as a service provider performing services for us also has a contract with us for the performance of your service, we remain obligated to retain the data in accordance with the agreed retention periods.
(4) You have the right to information, data transfer, deletion, correction, restriction or blocking of your personal data. In particular, you are entitled to free information about all personal data.
Your request can be made to us. In addition, you have the right to corresponding administrative or judicial remedies or to appeal to a supervisory authority.

§ 13 Liability and indemnification
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as a contractual partner may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the foregoing and all other limitations of liability, warranty or responsibility and exclusions of liability, warranty or responsibility agreed in these GTC and between us.
(4) You shall indemnify us upon first request against any claims of third parties asserted against us and/or our vicarious agents due to possible culpable violations of the Partner’s obligations – in particular from these GTC. You shall reimburse us for any damage incurred due to the claim by the third party, including any court costs and lawyers’ fees incurred for the legal defense. In all other respects, the statutory provisions shall apply.

§ 14 Place of Performance, Applicable law, contractual language and place of jurisdiction

(1) For all performances under the contract, it is agreed that the place of performance shall be 72762 Reutlingen.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you and us are at the time of the conclusion of the contract merchants according to the HGB and if you have your registered office in Germany, the exclusive place of jurisdiction is our registered office in 72762 Reutlingen. Otherwise, the applicable statutory provisions shall apply according to the local and international jurisdiction.

(3) Unless otherwise agreed in writing, the contractual language shall be German. All translated legal texts or documents such as these GTC are solely for the purpose of better understanding. In particular with regard to a contractual agreement as well as these GTC, the data protection provisions or all other documents or legal texts, the German versions are legally binding; this applies in particular in the event of deviations or differences in interpretation between such legal texts or documents.

The EU Commission has created an internet platform for the online settlement of disputes – the alternative dispute resolution in accordance with the ODR Regulation and § 36 VSBG. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More detailed information is available at the following link: http://ec.europa.eu/consumers/odr

Participation in a dispute resolution procedure before a consumer arbitration board is not obligatory and is not carried out by us.

§ 15 Final provisions
(1) Amendments and supplements to these General Terms and Conditions shall be made in writing; we reserve the right to do so. Amendments require that you are not unreasonably disadvantaged, that there is no breach of good faith and that you do not object to the amendment. In the event of a change, notification shall be given via one of the communication channels – in particular by e-mail – 2 months before it takes effect. The amendment shall become effective if it is not objected to within this period – thereafter the amended GTC shall become valid.
(2) We reserve the right to assign this contract to another company. It becomes valid 1 month after sending a notice of assignment to you via one of our communication channels – in particular by e-mail. In the event of an assignment, you shall have a right of termination which shall apply 1 month after receipt of the notification of assignment. All rights granted to us shall at the same time be deemed granted to our legal successors.
(3) In the event that individual provisions of these GTC are invalid, the legal validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision which comes closest to the intended economic purpose.