Platform and Booking Terms for Participants of heldby.me

1.1These terms govern the use of heldby.me by people who view, book or manage events through the platform ("participants").

1.2heldby.me provides the technical infrastructure, in particular for presenting events, booking, payment processing, communication and features for maintaining the relationship between hosts and participants.

1.3The contracting party for the specific event is not heldby.me but the host named on the event page and at checkout.

1.4heldby.me is neither the organiser nor the provider of the booked event and in particular does not owe its delivery, content, quality or success.

2.1Before a booking is completed, the participant is shown whether the host, according to their declaration to heldby.me, acts as a trader or as a private provider.

2.2If the host has declared that they do not act as a trader, the participant is informed that the special statutory rules for consumer contracts do not apply to the event contract between participant and host.

2.3This classification is based on the host's declaration and on the information about the host available to heldby.me.

3.1The essential details of the event are set out on the event page and at checkout.

3.2The participant can review and correct their entries before placing the order.

3.3Unless stated otherwise, by clicking the button marked as an order with an obligation to pay, the participant makes a binding booking offer to the host.

3.4The event contract is concluded when the booking is confirmed or the ticket is provided.

3.5The booking confirmation is sent to the email address given by the participant.

4.1The ticket price is set by the respective host.

4.2Paid bookings carry a service fee for the booking and payment infrastructure provided through heldby.me.

4.3The host can decide whether to cover this service fee themselves or to charge it to the participant in addition to the ticket price.

4.4The amount of the service fee may vary with the booking value, the chosen payment method and the event; it is shown before the order is placed.

4.5The booking value is the sum of the ticket prices bought in a single booking, after any discounts applied and before the service fee is added.

4.6Where the participant carries the service fee, it forms part of the total price the participant pays to the host.

4.7A reduced service fee may apply to certain payment methods. No surcharge is charged for using a particular payment method.

4.8Where the participant carries the service fee, it is shown separately before the order is placed and included in the total price.

4.9Before the order with an obligation to pay, the participant is shown the total amount payable, including all mandatory price components.

5.1Payments are processed by a payment service provider integrated by heldby.me (currently Stripe).

5.2The payment is processed for the respective host through the host's account with the payment service provider.

5.3heldby.me itself does not provide any payment services requiring authorisation.

5.4The participant must ensure that they are entitled to use the chosen payment method.

6.1Whether and until when the participant may voluntarily cancel or rebook a booking, and which part of the ticket price is refunded, depends on the cancellation terms of the event shown before booking. The host is not obliged to offer cancellation; without such a statement there is no contractual right to cancel. The terms shown when the booking was made apply; later changes apply to existing bookings only where they are more favourable to the participant.

6.2Mandatory statutory rights remain unaffected.

6.3If the participant carried the service fee on the original booking, it is not refunded when the participant cancels voluntarily; the participant is informed of this before completing the booking. The refund of the ticket price follows the cancellation terms of the event.

6.4If the host covered the service fee on the original booking, no service fee is charged to the participant afterwards in the event of a voluntary cancellation, nor deducted from the refund due to them under the cancellation terms.

7.1If the host cancels the event entirely, or the event owed does not take place, the participant receives back the total amount they paid.

7.2If the participant paid a service fee in addition to the ticket price, it is also refunded when the host cancels entirely.

7.3The internal settlement between heldby.me and the host does not affect the participant's claim to a refund.

7.4Further statutory claims remain unaffected.

7.5Clauses 19.4 and 19.5 apply to the cancellation of individual bookings by the host.

8.1The host may make organisational adjustments for an objective reason, provided this does not change the essential character of the event and the change is reasonable for the participant.

8.2A material change may in particular be a significant change of date, venue, main content or of a leading person expressly promised as essential.

8.3If, because of a material change, participation can no longer reasonably be expected of the participant, the participant has the statutory rights.

9.1If the host acts as a trader, the participant may have statutory consumer protection rights.

9.2For contracts for services related to leisure activities, there is generally no statutory right of withdrawal if the contract provides for a specific date or period of performance.

9.3Whether this exception applies to a specific event depends on the nature and design of the respective offer.

9.4Where an offer carries a statutory right of withdrawal, the participant receives the information required by law and separate instructions on the right of withdrawal.

9.5Contractual cancellation rights granted by the host exist independently of any statutory right of withdrawal.

10.1heldby.me and the respective host may send the participant messages that are necessary for booking, preparing, holding, changing, settling or directly following up on a booked event.

10.2These may include in particular booking confirmations, payment information, organisational notes, access information, changes of date or venue, cancellations and refund information.

10.3This communication may take place regardless of whether the participant follows the host or has consented to marketing communication.

11.1Where offered, the participant may voluntarily follow a host on heldby.me.

11.2Booking an event does not automatically make the participant a follower of the host.

11.3By following, the participant may in particular be shown new events, content or updates of the respective host within heldby.me. By following, the participant can also consent to receiving invitations to new events and, where applicable, discounts from the host by email. Only participants who have consented receive such invitations.

11.4Promotional messages by email or comparable channels are only sent where there is a statutory permission or corresponding consent.

11.5The participant can stop following a host at any time.

11.6Marketing consents can be withdrawn at any time with effect for the future.

12.1heldby.me may show the participant in their account in particular past and future bookings, hosts they follow and other information connected with their use of the platform.

12.2The respective host may receive information about bookings and attendance at their own events, to the extent this is necessary for performing the contract or otherwise permitted for lawful processing.

12.3A host has no access to the participant's bookings with, or relationships to, other hosts.

12.4Details on the processing of personal data are set out in the privacy policy.

13.1Where such features are offered, participants may submit reviews, recommendations, testimonials or other accounts of their experience of hosts or events.

13.2Such content must be based on actual experiences and in particular must not be unlawful, misleading, offensive, manipulated or infringe the rights of third parties.

13.3heldby.me may use booking or attendance information to label reviews or recommendations as coming from actual participants or participants.

13.4heldby.me may review, restrict or remove content in accordance with legal requirements and the platform rules.

13.5The participant grants heldby.me the simple rights of use required to store, display and technically provide their published content. The participant otherwise retains their rights to their content.

14.1heldby.me may offer features through which participants can share events with other people, invite friends or use personal referral links.

14.2Additional terms of participation may apply to bonus, credit, referral or comparable programmes.

14.3Abusive, artificially generated or fraudulent referrals, self-referrals or other manipulation may be excluded.

14.4Benefits may be reversed for cancelled, reversed, fraudulent or non-qualifying bookings.

15.1The user of this Part B is not heldby.me but the host named on the respective event page and at checkout.

15.2This part supplements the contract between host and participant for participation in the event.

15.3Individual details on the event page, in particular on content, price, date, venue, participation requirements and cancellation terms, take precedence over these standard terms, provided they were shown clearly and comprehensibly before the contract was concluded and validly incorporated.

16.1The content and scope of the service owed are set out in the event description and the booking confirmation.

16.2The host may make minor organisational changes, provided the overall character and essential value of the event are preserved.

16.3For an objective reason, in particular illness, the host may appoint a substitute with equivalent professional suitability, provided delivery by a specific person was not agreed as an essential characteristic of the offer and the change is reasonable for the participant.

17.1The participant is responsible for observing the participation requirements stated on the event page.

17.2The participant must follow legitimate safety, hygiene and conduct instructions of the host and the venue.

17.3The host may exclude a participant from participation in particular if the participant seriously endangers other people, seriously disrupts the proceedings, breaches essential safety rules or does not meet expressly communicated participation requirements.

17.4An exclusion must be proportionate. Statutory refund claims remain unaffected.

18.1For offers related to the body, movement, breathing, meditation, wellness or health, the participant must take into account the participation requirements announced and their own recognisable health limitations.

18.2In case of doubt about their health suitability, the participant should obtain appropriate professional or medical advice before participating.

18.3This does not release the host from their statutory duties to inform, protect, organise and ensure safety.

18.4An event does not replace a medical, psychotherapeutic or other medical diagnosis or treatment, unless a correspondingly qualified and legally permitted treatment is expressly offered.

19.1A minimum number of participants applies only if it was stated before booking.

19.2If a stated minimum number of participants is not reached, the host may cancel the event within the conditions also stated before booking.

19.3In the case of a complete cancellation, the refund rules of clause 7 apply.

19.4The host may cancel an individual booking before the event if this participant's participation is impossible or unreasonable for one of the following reasons: unforeseeable unavailability of the leading person, official orders or requirements, loss or reduction of the venue, risks to the safety or health of participants, force majeure, or the participant not meeting expressly communicated participation requirements. In this case the participant receives back the total amount they paid, including any service fee they carried.

19.5If the participant does not attend the event or is legitimately excluded under clause 17.3, the host may cancel the booking; a refund is then made only in accordance with the statutory provisions. If the host cancels a booking at the participant's request, the refund follows the cancellation terms of the event.

20.1Booking an event does not by itself constitute the participant's consent to the promotional publication of photo, video or audio recordings.

20.2Where recordings are planned, the host must inform participants in accordance with the legal requirements and obtain any consents required.

20.3Participants may not record other participants without appropriate authorisation or publish their confidential or personal content.

21.1The host 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.

21.2For slightly negligent breach of an essential contractual obligation, the host 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.

21.3Otherwise, liability for slight negligence is excluded to the extent permitted by law.

21.4The participant's personal responsibility does not release the host from statutory duties of protection and safety.

22.1heldby.me strives for high availability of the platform but does not owe uninterrupted or completely error-free use.

22.2Temporary restrictions may occur in particular due to maintenance, security measures, technical faults or outages of external service providers.

23.1The platform must not be used abusively.

23.2Prohibited in particular are fraudulent bookings or payment attempts, the unauthorised use of other people's payment or identity data, manipulation of reviews or referral systems, automated access without corresponding permission, impairing the security or functionality of the platform, and unlawful content or content infringing the rights of third parties.

23.3In the event of such breaches, heldby.me may take necessary and proportionate measures.

23.4Reports of unlawful content can be sent at any time to the email address given above. heldby.me has reports reviewed by people and informs those affected of decisions to restrict their content or account, stating the reasons.

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, quality, safety, delivery or cancellation of an event or for actions of the host, unless heldby.me is itself responsible for the underlying breach of duty.

25.1German law applies. Mandatory consumer protection provisions of the state in which the participant has their habitual residence remain unaffected.

25.2For consumers, the statutory rules on jurisdiction apply.

25.3heldby.me is currently neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

25.4Should a provision of these terms be wholly or partly invalid, the remaining provisions remain unaffected. The statutory provision applies in its place.