Elbgoods GmbH, Alter Wall 69, 20457 Hamburg (hereinafter "ELBGOODS"), operates an online platform for event locations at the Internet address eventlocations.com, an online platform for catering services at the Internet address eventcatering.com, an online platform for artists at the Internet address eventartists.com, an online platform for service providers in the event industry at the Internet address eventbook.com and an online platform for teambuilding and incentive activities at the Internet address teamevents.com. The platforms can be used free of charge by all site visitors. ELBGOODS offers additional fee-based services that can be booked separately.
Definitions of terms:
WEBSITES: | Comprises the websites eventbook.com, eventlocations.com, eventcatering.com, eventartists.com and teamevents.com. |
USERS: | All visitors and registered users of the WEBSITES (incl. all subpages) |
REGISTRATION: | Listing of a profile in the provider directory on the WEBSITES. ENTRY can also stand for several ENTRIES. |
ADVERTISING: | Paid service, e.g. for better promotion of a profile, which can be booked additionally with ELBGOODS. |
PROVIDER: | USER who has published one or more ENTRIES or placed or booked ADVERTISEMENTS on the WEBSITES. |
INTERESTED PARTY: | USER who is interested in the PROVIDER's offers. |
(1) The General Terms and Conditions (hereinafter "GTC") shall apply to all USERS of the WEBSITES. In particular, they apply to PROVIDERS who place an ENTRY in the provider directory or book a fee-based ADVERTISING as well as to INTERESTED PARTIES who are interested in the PROVIDERS' offers.
(2) The GTC conclusively regulate the legal relationship between the USER and ELBGOODS.
(3) The GTC apply to all USERS of the system, irrespective of the location from which the respective USER obtains access. Conflicting or deviating general terms and conditions of a USER shall not be recognised by ELBGOODS.
(4) USERS of the WEBSITES offered by ELBGOODS recognise that no contractual relationship is established between them and ELBGOODS with regard to the use/rental/commissioning, but exclusively with regard to the use of the WEBSITES.
(5) ELBGOODS may amend the content of these GTC at any time, unless this is unreasonable for the USER, taking into account the interests of ELBGOODS. Such changes will be posted on the website, about which registered USERS will be informed by e-mail and have the right to object to the change(s) within 14 days of receipt of this e-mail. If no objection is made within this period, the amended GTC shall be deemed to have been accepted by the USER. If an objection is made within the time limit, ELBGOODS shall be entitled - taking into account the legitimate interests of the USER - to terminate the existing contract with the respective USER at the time at which the amended GTC come into force. In this case, the USER's user account on the ELBGOODS website shall be cancelled. The USER cannot derive any claims against ELBGOODS from this.
(1) The registration of a PROVIDER is a prerequisite for the creation of ENTRIES and ADVERTISEMENTS.
(2) An order for the publication of an ENTRY or an ADVERTISEMENT between the PROVIDER and ELBGOODS shall only be concluded upon approval by ELBGOODS or publication of the ENTRY or the ADVERTISEMENT on the WEBSITE. Confirmations given verbally or by telephone are not legally binding.
(3) The GTC can be viewed and printed out at any time at https://eventbook.com/de/terms. ELBGOODS will point out these possibilities during the registration process.
(4) Insofar as ELBGOODS uses third parties to provide the services offered, these third parties shall not become contractual partners of the USER.
(5) ELBGOODS reserves the right to accept or reject orders for ENTRIES or ADVERTISEMENTS and also to reject and/or take them offline and/or delete them after conclusion of the contract for legal, moral or similar reasons. Upon request, the PROVIDER may be informed of the reasons for the rejection. If the PROVIDER is unable to deliver a redesigned ENTRY or ADVERTISEMENT that meets the requirements of ELBGOODS, the PROVIDER shall not be entitled to publication or reimbursement of any amounts paid. The assertion of further claims is expressly excluded.
(6) ELBGOODS also reserves the right to postpone the placement date due to technical or other reasons. Any agreements regarding the switching date shall not exist unless these have been agreed in writing with ELBGOODS.
(1) ELBGOODS shall provide the PROVIDER with the WEBSITES via which the PROVIDER can place, change or delete free ENTRIES and fee-based ADVERTISEMENTS for the marketing of event services. In addition, USERS can search for and request ENTRIES for their event free of charge with or without registration. Enquiries can be made as follows:
(1.1) "Direct enquiries": Enquiries regarding an ENTRY selected by the INTERESTED PARTY are received by ELBGOODS, stored and forwarded to the respective PROVIDER.
(1.2) "General enquiries": Enquiries without selected ENTRIES are received by ELBGOODS, are stored and ELBGOODS decides at its reasonable discretion which ENTRIES may match the enquiry and forwards the enquiry to PROVIDERS identified in this way. Should any queries arise prior to this forwarding, ELBGOODS may contact the PROVIDER and/or INTERESTED PARTY.
(1.3) If a PROVIDER is not available, ELBGOODS reserves the right to offer the INTERESTED PARTY alternative ENTRIES.
(2) USERS can search and read the ENTRIES available on the website using the search function and contact the respective PROVIDER to enquire about the availability of the PROVIDER.
(3) Any contract on the use/rental/commissioning that was brokered via the WEBSITES is not concluded with ELBGOODS, but directly between the PROVIDER and the INTERESTED PARTY.
(4) The scope of the agreed services is set out in these GTC and any further provisions in the web form for the creation of an ENTRY. ELBGOODS guarantees the PROVIDER, who books an ADVERTISING subject to a charge, the best possible reproduction of the advertising material (texts, images) in accordance with the usual technical standard. However, ELBGOODS does not guarantee a specific order of the ENTRIES or ADVERTISEMENTS on the website and the search results there. However, the PROVIDER is aware that it is not possible, given the state of the art, to create a programme that is completely free of errors. The portal owner undertakes to PROVIDERS of chargeable ADVERTISING to keep the portal available for the agreed services at an annual average of 97%. This already includes the necessary maintenance work.
(5) ELBGOODS reserves the right to extend, change and improve the services and to discontinue them on the WEBSITES. The exclusion of competitors of the PROVIDER is generally not possible. A claim for reduction, reimbursement or damages does not arise from the circumstances of this paragraph.
(6) ENTRIES and ADVERTISEMENTS may contain contact details of PROVIDERS, which are entered via a web form provided accordingly. Contact details in continuous text are not permitted. Before publishing an ENTRY or an ADVERTISEMENT, ELBGOODS shall check the content uploaded by the PROVIDER and reserves the right to refuse publication for good cause. There is no entitlement to publication of an ENTRY or ADVERTISEMENT which ELBGOODS considers unsuitable.
(7) Only one user account is permitted per PROVIDER.
(8) In order to increase the reach in favour of the ENTRIES, ELBGOODS expressly receives the rights of use to the ENTRIES and ADVERTISEMENTS in accordance with Section IV. (1) to the extent that the ENTRIES or ADVERTISEMENTS may also be offered and published on other online partner platforms.
(1) The PROVIDER shall ensure that the necessary information, data, files, the respective target addresses of the links and other material (advertising material), which are required for the publication of ENTRIES and ADVERTISEMENTS, are provided truthfully, without errors and in accordance with the contractual agreements, in accordance with these GTC and other provisions of the web form, at its own expense.
(2) The PROVIDER undertakes to use the WEBSITES only for the specified purpose of the WEBSITE (for eventlocations.com: advertising of event locations and related services; for eventcatering.com: advertising of catering services and related services; for eventartists.com: advertising of artists/shows/speakers/moderators and related services; for teamevents.com: advertising of group activities (team events) and related services; for eventbook.com: advertising of services and related services) and guarantees that the material is suitable for this purpose, in particular for screen display in the corresponding environment (online publication), that the PROVIDER may grant rights of use in accordance with section V, that the PROVIDER does not violate the rights of third parties or applicable laws, that the ENTRY or ADVERTISEMENT contains only truthful information and is uploaded in the contractually agreed manner and size in accordance with the web form.
(3) ELBGOODS accepts no liability for the material supplied and in particular is not obliged to store it or return it to the PROVIDER. However, if ELBGOODS becomes aware of the illegality of advertising material, the material concerned and/or the user account must be deleted or deactivated.
(4) The PROVIDER must examine the ADVERTISEMENT or ADVERTISEMENT immediately after its placement and complain about any errors within three working days of the first placement. After expiry of this period, ENTRIES and ADVERTISEMENTS and the manner of their publication shall be deemed to have been accepted.
(5) USERS who have not reached the age of majority or are not legally competent are prohibited from using the ELBGOODS website.
(6) The USER undertakes to keep any passwords secret or to change them immediately or to arrange for changes to be made if it is assumed that unauthorised third parties have gained knowledge of them.
(7) The PROVIDER undertakes to delete his offer for an ENTRY from the WEBSITE database immediately and independently if the advertised ENTRY is permanently no longer available.
(8) Only one ENTRY can be placed per offer. If an ADVERTISER has several offers, he may place one ENTRY per offer. The number of ADVERTISEMENTS is not limited.
(9) The PROVIDER is obliged to provide the following information about himself or his company and about the offer in the "Contact information". Anonymous ENTRIES or ADVERTISEMENTS will not be published and will otherwise be deleted immediately.
Name of the event service or company
Name and address of the PROVIDER or their company
Contact details (e-mail, telephone)
Details of the offer (e.g. type of location or equipment)
Target group or event types for which the ENTRY is suitable (e.g. conference, wedding, Christmas party, team building, etc.)
(10) ENTRIES on eventlocations.com may only contain offers concerning event locations. ENTRIES on eventcatering.com may only contain offers for catering services. ENTRIES on eventartists. com may only contain offers for artistic performances. ENTRIES on teamevents. com may only contain offers for group activities. ENTRIES on eventbook. com may only contain offers concerning services for the event industry.
(11) Insofar as USERS receive data through the use of the WEBSITES, it is expressly forbidden to use this data commercially to establish their own platform, database or similar in competition with ELBGOODS.
(12) All USERS of the website are prohibited from using software that automatically searches and analyses the ELBGOODS web pages (web crawlers). Excluded from this are publicly usable search engines such as Google, Bing etc.
If PROVIDERS publish ENTRIES or ADVERTISEMENTS on the WEBSITES in accordance with Clause IV. (1), they grant ELBGOODS the non-exclusive, royalty-free, geographically unlimited and perpetual right to reproduce, copy, disseminate, distribute, transmit, make available, publish (online, print), sublicence, transfer or otherwise use the advertising content for commercial purposes, including but not limited to the following uses in connection with all or part of the advertising content:
(a) the provision/distribution of the Advertising Content;
(b) the marketing, promotion or display of the Advertising Content;
(c) as part of editorial news, analysis, marketing, promotion, for customer engagement or as part of an offer;
(d) as part of a publication, report, document or other material (in any media) produced by ELBGOODS in connection with the provision of project or consultancy services; and
(e) the sublicensing of third parties who are authorised for the above types of use. This also includes the sublicensing of third parties in the second licence level. From this second level, the authorisation to sublicense third parties ends.
(1) ELBGOODS provides the platform for the publication of ENTRIES and ADVERTISEMENTS by PROVIDERS on the WEBSITES.
(2) In order to increase the reach, ENTRIES and ADVERTISEMENTS may also be placed on other websites at the request of the PROVIDER. The PROVIDER shall be responsible for selecting the appropriate target groups.
(3) The PROVIDER may deactivate the publication of its ENTRY at any time via a web interface provided by ELBGOODS or, if this function is not available, initiate the deactivation by sending a corresponding message by e-mail to [email protected] .
An automatic changeover to another service package or a change to the agreed remuneration regulation shall not take place without an express agreement between ELBGOODS and the PROVIDER.
(4) Paid ADVERTISING can be cancelled by means of a web interface provided by ELBGOODS or, if this option is not available, by means of a corresponding notification by e-mail to [email protected] at the end of the agreed term.
(5) ELBGOODS shall provide the PROVIDER with the invoices for chargeable ADVERTISING via a web interface, which contain the total amount and the agreed service. On request, ELBGOODS shall also send these by e-mail.
(6) Agreed fees for the placement of ADVERTISEMENTS shall be invoiced within a period specified by ELBGOODS (e.g. in the user account) and are due immediately. ELBGOODS accepts payments by direct debit and credit card.
The notification of direct debit collection ("pre-notification") shall be made with a notice period of at least five working days; the period for SEPA pre-notification shall be shortened accordingly to five days. If the debt collection fails despite timely notification, the PROVIDER shall be responsible for the failure and shall reimburse ELBGOODS for the additional costs incurred as a result.
(7) Fees already paid shall not be refunded.
(8) Invoices shall be sent exclusively by electronic means.
(9) If the PROVIDER is in default of payment, interest will be charged on the outstanding invoice amount at 9% above the respective base interest rate and ELBGOODS reserves the right to deactivate the user account concerned or ENTRIES and ADVERTISEMENTS until full payment has been made.
(1) Depending on the service package selected, ELBGOODS offers ENTRIES on a fixed price basis, on a commission basis or as a combination of fixed fee and commission. The specific structure, in particular the amount of commission and any fixed fees, shall be regulated in the respective order.
(2) The following provisions of this section apply exclusively to service packages for which commission remuneration has been agreed.
(3) A commission shall arise if an enquiry generated via WEBSEITEN leads to a successful order. A successful order shall be deemed to exist if a legally binding contract is concluded between PROVIDER and INTERESTED PARTY based on the enquiry. This includes all services commissioned in connection with the enquiry, including any additional, extension or follow-up agreements, insofar as these are economically related to the original enquiry.
(4) The time at which the enquiry is generated via the WEBSITE shall be decisive for the commission obligation. The time of the conclusion of the contract, the realisation of the event or the status of the publication of an ENTRY shall be irrelevant.
(5) The PROVIDER undertakes to process enquiries from INTERESTED PARTIES properly and to keep the status of corresponding processes in the system up to date. If a successful order is placed, the resulting turnover must be reported completely and truthfully in the system no later than one week after the event, service or activity has been carried out.
(6) The agreed commission shall be due at the latest on the day the event, service or activity is carried out, irrespective of the time of receipt of payment by the PROVIDER.
(7) ELBGOODS shall be entitled to request suitable evidence of the reported turnover if there are justified grounds for doing so. If the PROVIDER fails to fulfil his obligation to cooperate or report despite a reasonable deadline being set, ELBGOODS shall be entitled to estimate the commission-relevant turnover at its reasonable discretion on the basis of the information available.
(8) The obligation to pay commission shall also apply to successful orders which are attributable to enquiries generated via the WEBSITES during the term of the contract if the contract is concluded or the event is not held until after the end of the contract. This applies to events that take place within twelve months of the end of the contract.
(9) Circumventing the obligation to pay commission by delaying the conclusion of the contract or by any other form of organisation is not permitted.
(10) If the PROVIDER culpably breaches his obligations to co-operate or to notify substantially, ELBGOODS shall be entitled to extraordinary cancellation of the commission-based service package concerned.
(1) ELBGOODS only offers PROVIDERS the opportunity to place ENTRIES and ADVERTISEMENTS or to inform USERS about offers, unless ELBGOODS itself acts as PROVIDER. ELBGOODS is not involved in the legal relationship between PROVIDERS and INTERESTED PARTIES, nor is it responsible for omissions or breaches of obligations arising from the legal relationship between the parties (exclusion of liability). The performance of the contract agreed between the PROVIDER and the INTERESTED PARTY shall be the sole responsibility of the PROVIDER and the INTERESTED PARTY.
(2) ELBGOODS shall not be liable for the accuracy of the content of the ENTRIES and ADVERTISEMENTS placed by the PROVIDERS, nor for the acts or omissions of the USERS or third parties.
(3) ELBGOODS shall not be liable for the creditworthiness of the parties involved.
(4) PROVIDERS are solely responsible for agreeing mutually acceptable terms of payment.
(5) ELBGOODS shall not be liable for damage caused by access to the website which the USERS could have prevented by reasonable means, in particular by programme and data protection as well as security or back-up measures.
(6) USERS shall be liable to ELBGOODS for all damages incurred by ELBGOODS as a result of a breach of the law (such as copyright and trade mark infringements) or these GTC by USERS. The USERS are obliged to indemnify ELBGOODS against all claims of third parties in this respect. In particular, USERS shall be liable to ELBGOODS for damage incurred by ELBGOODS or third parties due to the culpable transmission of defective/virus-infected data. This also includes the reimbursement of the costs of necessary legal representation and litigation.
(7) Apart from liability for material defects and defects of title, ELBGOODS shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. ELBGOODS shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardises the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the USER regularly relies), but in each case only for the foreseeable damage typical of the contract up to a maximum of EUR 2,500. ELBGOODS shall not be liable for the slightly negligent breach of obligations other than those mentioned above.
(8) The limitations of liability in the above paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(9) If the liability of ELBGOODS is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
(1) The PROVIDERS are aware that by publishing their ENTRY or their ADVERTISEMENT, the data entered by them can be viewed by anyone on the Internet. This data is at least the data specified in Section IV (9) above.
(2) The other data which ELBGOODS becomes aware of in connection with the registration of USERS and the publication of ENTRIES and ADVERTISEMENTS and the collection of any fees will be stored, used and transmitted in accordance with the data protection guidelines (available at https://eventbook.com/de/privacy).
Insofar as these GTC refer to "rent" in the relationship between the USERS, this expressly has no effect on the legal nature of any contract that the users conclude with each other. This contract may be for hire, work or services.
(1) In the case of merchants, legal entities under public law or special funds under public law, the place of fulfilment and jurisdiction is the registered office of ELBGOODS (Hamburg, Germany).
(2) This contract shall be governed exclusively by the law of the Federal Republic of Germany. Other national laws and the uniform international sales law are excluded.
Note: These General Terms and Conditions have been translated from German with the utmost care. In case of doubt or discrepancies, the original German text shall prevail.