General Terms and Conditions for Hosts of heldby.me

1.1These General Terms and Conditions ("Host Terms") govern the use of heldby.me by persons or organisations who create, manage, promote or offer for booking events, workshops, courses, retreats, sessions or comparable offers through heldby.me ("hosts").

1.2Hosts may use heldby.me in the course of a commercial, self-employed or professional activity and also, where permitted for the respective offer, as a private individual.

1.3The contract for the use of the platform is concluded between the host and Christian Feuerbacher und Peter Juras GbR ("heldby.me").

1.4The contract for the respective event is concluded directly between the host and the respective participant. heldby.me does not thereby become the organiser or provider of the event.

2.1On registration or before publishing an offer, the host must state truthfully whether they act as a trader or as a private individual for the respective offer.

2.2A commercial host is a natural or legal person or a partnership with legal capacity that, when using the platform, acts in the exercise of its commercial, self-employed or professional activity.

2.3A private host is a natural person who creates the offer in question predominantly outside a commercial or self-employed professional activity.

2.4The legal classification depends on the actual circumstances and not solely on the host's self-classification.

2.5The host must update their status as soon as their previous statement no longer applies.

2.6heldby.me may request suitable information or evidence of identity, address, authority to represent, trader status, tax registration, payment processing and required permits or qualifications.

2.7If there are concrete indications that a host classified as private in fact acts commercially or professionally, heldby.me may request a new classification and corresponding evidence and, until this is clarified, restrict individual features or the publication of further offers.

2.8The classification by heldby.me is not a binding assessment under tax, trade or social security law. The host is responsible for meeting their own statutory obligations.

3.1heldby.me provides a technical platform through which hosts can in particular create host and event pages, publish events, process bookings and payments, manage participants, view past and future bookings, send event-related information, build and manage relationships with returning participants, reach followers or interested people and, where offered, use further communication, recommendation, referral, review, testimonial or audience growth features.

3.2The specific range of features depends on the features offered on heldby.me at any given time.

3.3heldby.me is neither the organiser nor the provider of the event published by the host.

3.4In particular, heldby.me does not owe any particular number of bookings, participants, followers, recommendations, repeat bookings or revenue.

3.5heldby.me may, for a valid reason, develop, add to, change or replace features with functionally comparable ones, in particular to adapt to changed legal requirements or technical developments, for security reasons or to improve the offer. This causes no additional cost to the host. If a change impairs the host's use more than insignificantly, the host is informed in good time beforehand on a durable medium; the host may terminate the platform contract at any time under clause 22.2. Changes to these Host Terms are governed by clause 20.

3.6heldby.me may additionally distribute hosts' offers through its own websites, emails, social media channels, recommendation features, referral programmes or cooperation partners. There is no entitlement to such additional distribution.

4.1The host must provide complete, accurate and up-to-date information.

4.2Login credentials must be protected against unauthorised access.

4.3The host must inform heldby.me without delay if they suspect unauthorised access to their account.

4.4A person acting for a company, an organisation or other people warrants that they are duly authorised to do so.

4.5The host may not transfer their account to third parties without the consent of heldby.me.

5.1The host is responsible for the content, accuracy and lawfulness of their event pages.

5.2In particular, the host must state accurately and completely: their identity or provider status; the content and essential characteristics of the event; date, time and duration; the venue or online access; the ticket price and any ticket categories; participation requirements; available places; any minimum number of participants; any cancellation and rebooking options offered; and other circumstances essential to the booking decision.

5.3The host may not publish unlawful, misleading or fraudulent offers or content, or offers or content that infringe the rights of third parties.

5.4The host must themselves ensure required permits, professional qualifications, insurance and other legal requirements.

5.5For body, health, therapy, coaching or comparable offers, the host is themselves responsible for keeping within their professional and legal limits and for providing the necessary information and safety notes.

5.6The host is responsible for planning, organising, the safety and the delivery of their events.

6.1The participant's contracting party for the event is the host named on the event page and at checkout.

6.2Unless stated otherwise on the event page, the participant makes a binding booking offer by completing the booking process.

6.3The event contract is concluded when the booking is confirmed or the ticket is provided.

6.4heldby.me may technically receive booking declarations on behalf of the host and send booking confirmations and event-related communication.

6.5The event contract is governed by the event information shown before booking, the standard event terms incorporated for the booking and any permissible individual terms of the host.

7.1Payments are processed by a payment service provider integrated by heldby.me (currently Stripe).

7.2To receive payments, the host sets up an account with the payment service provider and accepts the payment service provider's applicable terms.

7.3The participant's payment is processed through the host's account with the payment service provider.

7.4heldby.me receives the platform fee as part of payment processing, in that the payment service provider retains it from the respective payment and passes it on to heldby.me.

7.5Regulated payment services are provided by the payment service provider. heldby.me itself does not provide any payment services requiring authorisation.

7.6The payment service provider may independently carry out identity, compliance, fraud and risk checks and restrict payments, payouts or accounts in accordance with its terms.

8.1Whether, and at what amount, a platform fee applies to bookings is set out in the heldby.me price list. The price list is available on heldby.me at all times.

8.2For every successfully paid booking, the platform fee stated for the host at the time of booking in the heldby.me price list, or in an individual agreement under clause 8.5, applies.

8.3The price list may set the platform fee as a percentage of the booking value, as a fixed amount per booking or as a combination of both, and may differentiate by payment method, account type or type of offer.

8.4The booking value is the sum of the ticket prices bought in a single booking, after any discounts applied and before adding a service fee carried by the participant.

8.5heldby.me may agree fees deviating from the price list with individual hosts, for example for certain account types, for promotions or for certain periods. The agreed fee is confirmed to the host on a durable medium, for example by email, before it applies, and takes precedence over the price list.

8.6Unless the price list or an individual agreement provides otherwise, the platform fee covers the remuneration for the services of heldby.me and the regular costs of payment processing. If the payment service provider charges these costs to the host directly, they are credited against the platform fee; heldby.me then keeps only the remaining part. If, exceptionally, the costs of payment processing for a booking exceed the platform fee, for example with currency conversion or certain payment methods, the host bears the excess.

8.7Where the corresponding feature is offered, the host can choose whether to bear the service fee economically themselves or to have it charged to the participant in addition to the ticket price. If it is charged to the participant, it forms part of the price the participant pays to the host; towards heldby.me, the host owes the platform fee in both cases.

8.8Where the participant carries the service fee, its amount follows the price list or the individual agreement applicable to the host. A reduced fee may apply to certain payment methods; no surcharge is charged for using a particular payment method.

8.9The total amount payable by the participant is shown before the order with an obligation to pay is placed.

8.10The fees stated in the price list are the respective total prices shown and include any value added tax owed by law.

8.11Where the services of heldby.me are exempt from tax under the small business rules of § 19 UStG, no value added tax is charged or shown separately.

9.1heldby.me may change the fees for future bookings, in particular if the costs of payment processing, the tax framework, the range of services offered or other essential cost factors change.

9.2Fee changes are communicated to hosts on a durable medium before they take effect. Towards commercial hosts, the notice period is at least 15 days; where a longer period is required because of the effects of the change, a correspondingly longer period is granted.

9.3Towards private hosts, a fee increase only takes effect if the host expressly agrees to it, for example by confirming in their account. Silence or mere continued use does not count as agreement. If the host does not agree, the previous fees continue to apply to them; heldby.me may then terminate the platform contract under clause 22.3.

9.4Bookings successfully paid before a price change takes effect remain unaffected by the change.

9.5The host may terminate the platform contract before a price change affecting them takes effect. Obligations from bookings already made remain unaffected.

9.6Fee reductions, including for individual hosts, may apply without notice from the time communicated.

10.1The platform fee accrues with a successfully paid booking and the associated provision of the booking and payment processing services.

10.2A later cancellation, refund, reversal or calling off does not affect the platform fee accrued towards the host.

10.3This applies regardless of whether the service fee on the original booking was borne economically by the host or by the participant.

10.4If a service fee carried by the participant must be repaid to the participant because of a cancellation or other refund, the corresponding platform fee remains owed by the host and is borne economically by the host.

10.5Mandatory statutory rights and cases in which the reversal is based solely on an error for which heldby.me is responsible remain unaffected.

11.1Payouts to the host are made by the payment service provider according to the payout schedule applicable to the host's account.

11.2heldby.me does not determine the payment service provider's regular payout date.

11.3Restrictions, reserves, delays or withholdings by the payment service provider are additionally governed by its terms.

12.1The host decides whether to allow participants to cancel or rebook. If they offer this, they set the terms, in particular until when cancellation is possible and which part of the ticket price is refunded, and present them transparently on the event page before booking. A booking is governed by the terms shown when it was made; later changes affect existing bookings only where they are more favourable to the participant.

12.2The host decides at their own discretion on refunds going beyond the cancellation terms shown and statutory claims.

12.3If the participant carried the service fee on the original booking and cancels voluntarily, the refund of the ticket price follows the cancellation terms of the event shown before booking. The service fee is not refunded when the participant cancels voluntarily; the participant is informed of this before completing the booking.

12.4If the host covered the service fee on the original booking and the participant cancels voluntarily, the refund likewise follows the host's cancellation terms. The platform fee remains borne by the host and is not deducted afterwards from the participant's refund.

12.5If the host cancels an event, or the event owed does not take place, the total amount paid must be refunded to the participant. If the participant carried the service fee, the refund includes this service fee. The platform fee accrued towards heldby.me remains borne by the host in this case.

12.6Where the payment service provider does not refund costs of the original payment processing or of the refund, or charges additional costs, these are likewise borne by the host, unless heldby.me is responsible for the cause.

12.7The host can also cancel individual bookings through the platform. The host is responsible for the cancellation being permitted under the contract with the participant, in particular under the standard event terms (Part B of the participant terms).

12.8If the host cancels a booking before the event for a reason for which the participant is not responsible, the host refunds the participant the total amount paid, including any service fee carried by the participant. If the participant does not attend the event or is legitimately excluded, any refund follows the statutory provisions. If the host cancels at the participant's request, the cancellation terms of the event apply. The platform fee remains owed in all cases under clause 10.

12.9Mandatory statutory rights to refund, rescission or withdrawal remain unaffected in all cases.

13.1Chargebacks, returned direct debits, disputes and comparable reversals relating to an event or payment of the host are attributed economically to the host, unless they were caused by an error for which heldby.me is responsible.

13.2This also includes reasonable additional fees of the payment service provider arising directly from the respective chargeback, dispute or returned direct debit.

13.3The platform fee already accrued remains owed in the event of a later reversal, unless mandatory law provides otherwise or heldby.me is responsible for the reversal.

13.4The host must provide heldby.me and the payment service provider in good time with the information and evidence required to handle payment disputes.

14.1The host is themselves responsible for the tax treatment of their event revenue.

14.2Where an invoice or other tax document must be issued to the participant, the host is in principle responsible for this.

14.3heldby.me may in future offer features with which invoices or documents are technically created or sent in the name and for the account of the host. There is no entitlement to the provision of such a feature until it is expressly part of the range of features offered.

14.4heldby.me provides the host electronically with the invoices or statements required by law for its own platform services and fees, for example as a monthly collective invoice in PDF format. The invoice shows the fee that heldby.me keeps after crediting the costs charged directly by the payment service provider (clause 8.6).

15.1The host receives access to the data that is necessary and legally permitted for managing and holding their own events and for maintaining the relationship with their participants built through heldby.me.

15.2This may include in particular name, contact details, booking status, booked event, ticket category, payment status, attendance history with the respective host and, where offered, follow or communication status.

15.3The host has no access to a participant's bookings with, or relationships to, other hosts.

15.4Booking an event does not automatically constitute the participant's unrestricted consent to marketing communication.

15.5Messages necessary for booking, preparing, holding, changing or directly following up on an event may be sent regardless of marketing consent.

15.6Newsletters, marketing messages and other promotional communication may only be sent on the basis of a corresponding statutory permission or consent. Invitations to further events and discounts are only sent by email to participants who follow the host and have consented to this. Messages after an event contain only information about that event.

15.7Where offered, participants may voluntarily follow a host. Follow status, notification settings and marketing consents can be changed or withdrawn within the features offered.

15.8The host may process personal data made available to them only for legally permitted purposes.

15.9The data protection roles of heldby.me and the host depend on the specific processing operations and the statutory provisions. Where a separate data processing agreement or other data protection agreement is required, it applies in addition.

15.10Details are set out in the privacy policy and any supplementary data protection information.

16.1When the platform contract ends, the host's regular access to their account and the platform features provided in it ends.

16.2heldby.me may continue to access or store such data after the end of the contract where this is necessary in particular to meet statutory retention obligations, for payment and settlement processing, for handling refunds or disputes, for fraud prevention or for establishing, exercising or defending legal claims.

16.3Statutory rights of access, surrender, data protection and data portability remain unaffected.

17.1The host retains all rights they hold in their texts, images, trademarks, videos and other content.

17.2For the duration and purpose of using the platform, the host grants heldby.me the simple rights of use required to store and technically process the content, display it on heldby.me and promote the respective host profile or event.

17.3Any further use of host content for independent advertising campaigns only takes place on the basis of a corresponding agreement or other legal basis.

17.4The host warrants that they are entitled to use the content they provide.

18.1Where heldby.me offers such features, participants may submit reviews, recommendations, testimonials or comparable feedback on hosts or events.

18.2heldby.me may use booking or attendance information to label reviews as coming from actual participants or participants.

18.3heldby.me may restrict or remove unlawful, demonstrably false, fraudulent or manipulated content or content violating the platform rules.

18.4The host has no entitlement to the publication or permanent visibility of particular reviews or recommendations.

19.1heldby.me may offer referral, recommendation, bonus, credit or other promotional programmes.

19.2Additional terms of participation may apply to such programmes.

19.3In particular, self-referrals, artificially generated bookings, multiple accounts and other manipulative or fraudulent use may be excluded.

19.4Credits or other benefits may be reversed for cancelled, reversed, fraudulent or non-qualifying bookings.

19.5There is no entitlement to the permanent availability of a referral, bonus or promotional programme.

20.1Changes to these Host Terms are communicated to the host on a durable medium, in particular by email.

20.2Towards commercial hosts, changes take effect at the earliest after a reasonable and proportionate period of at least 15 days from notification.

20.3A longer period is granted if the host must make significant technical or business adjustments because of the change.

20.4The period may be dispensed with where an immediate change is permitted and necessary because of mandatory legal or official requirements or to avert unforeseen and imminent security or fraud risks.

20.5Retroactive changes to the detriment of the host are not made unless required by law.

20.6Towards private hosts, changes to these Host Terms only take effect with the host's express agreement, unless they are permitted without agreement under clause 3.5 or because of mandatory legal requirements. Silence does not count as agreement.

20.7Commercial hosts may terminate the platform contract before the period under clause 20.2 expires. Obligations from bookings already made remain unaffected.

21.1heldby.me may restrict, hide or suspend individual content, features or accounts in particular where there are concrete indications of unlawful content or offers, fraud or abusive use, significant security risks, false or incomplete identity information, significant or repeated breaches of these terms, unusually high chargeback, fraud or complaint rates, infringements of third-party rights, or corresponding requests from Stripe, courts or authorities.

21.2Measures must be proportionate, taking the respective risk into account.

21.3Where required by law, heldby.me informs the host of the main reasons and gives them the opportunity to comment or request a review.

21.4Prior information may be omitted where legal requirements, investigative purposes, security interests or the protection of third parties stand in the way.

21.5Reports of unlawful content can be sent at any time to the email address given above. heldby.me reviews reports and content by people; no automated moderation decisions are made. Decisions on restrictions are communicated to the affected host with reasons.

22.1The platform contract runs for an indefinite period unless otherwise agreed.

22.2The host may terminate the platform contract at any time. Existing event, payment, refund, chargeback and settlement obligations remain unaffected.

22.3heldby.me may terminate the platform contract with 30 days' notice.

22.4Towards commercial hosts, a termination or restriction is justified on a durable medium; in the case of a termination at least 30 days before it takes effect.

22.5An immediate restriction or termination for good cause remains permitted, in particular in the case of serious breaches of law or contract, fraud, significant security risks or mandatory legal or official requirements.

23.1heldby.me strives for high availability of the platform but does not owe uninterrupted or completely error-free availability.

23.2Temporary restrictions may arise in particular due to maintenance, security measures, technical faults, force majeure or outages of external service providers.

23.3Plannable significant maintenance work is announced in advance where possible.

24.1heldby.me is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the Product Liability Act, where an express guarantee was given, and in other cases of mandatory statutory liability.

24.2For slightly negligent breach of an essential contractual obligation, heldby.me is liable only for the foreseeable damage typical of the contract. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely.

24.3Otherwise, liability for slight negligence is excluded to the extent permitted by law.

24.4In particular, heldby.me is not liable for the content, safety, quality, delivery, change or economic success of an event, unless heldby.me is itself responsible for the underlying breach of duty.

24.5The above limitations of liability apply accordingly in favour of the legal representatives, employees and vicarious agents of heldby.me.

25.1The host indemnifies heldby.me against justified claims of third parties based on a breach, for which the host is responsible, of statutory provisions, these Host Terms or the rights of third parties.

25.2The indemnification includes reasonable costs of legal defence.

25.3heldby.me informs the host of such claims and, where possible, gives them the opportunity to cooperate.

25.4The indemnification does not apply where heldby.me is itself responsible for the claim.

26.1If a host uses heldby.me as a consumer, they may have statutory rights of withdrawal with respect to the platform contract.

26.2The private host is informed separately of any existing right of withdrawal in accordance with the statutory requirements.

26.3If the private host expressly requests that heldby.me begins providing paid services before an existing withdrawal period has expired, the statutory provisions apply to any obligation to pay compensation for value and to the expiry of the right of withdrawal.

27.1German law applies. Towards private hosts, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.

27.2If the host is a merchant, a legal person under public law or a special fund under public law, Munich is the place of jurisdiction to the extent permitted by law.

27.3For private hosts, the statutory rules on jurisdiction apply.

27.4heldby.me is currently neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

27.5Should a provision of these Host Terms be wholly or partly invalid, the remaining provisions remain unaffected. The statutory provision applies in its place.