Elbgoods GmbH, Alter Wall 69, 20457 Hamburg (hereinafter "ELBGOODS") operates an online platform for event venues/locations at the address eventlocations.com. Any visitors to site may use the platform free of charge. ELBGOODS intends to offer additional services for a fee, which will be separately bookable.
Definition of terms:
|USER:||All visitors and registered users of the website under the domain eventlocations.com (including all subdomains)|
|ENTRY:||Free listing of an event location in the eventlocations.com provider directory. An ENTRY can also refer to multiple ENTRIES.|
|Service liable to costs, e.g. for the better promotion of an event location, which can be booked additionally with ELBGOODS.|
|PROVIDER:||USER, who has placed one or more ENTRIES and/or ADVERTISEMENTS on the platform eventlocations.com.|
|INTERESTED PARTY:||USERS, who are interested in the offers of PROVIDERS.|
(1) The General Terms and Conditions (hereinafter "T&Cs") apply to all USERS of the web domain eventlocations.com. In particular, they apply to PROVIDERS, who place an ENTRY in the directory of suppliers or take out an ADVERTISEMENT, as well as to INTERESTED PARTIES who have an interest in the offers of the PROVIDERS.
(2) The T&Cs exclusively define the legal relationship between the USER and ELBGOODS.
(3) The T&Cs apply to all USERS of the system, regardless of the location from which the respective USER accesses the site. Conflicting or deviating general terms and conditions of a USER will not be recognised by ELBGOODS.
(4) USERS of the internet platform offered by ELBGOODS acknowledge that a contractual relationship arises between the USER and ELBGOODS exclusively with regard to the use of the internet platform found at eventlocations.com and not with regard to the actual use/hiring out of event locations themselves.
(5) ELBGOODS may change the content of these T&Cs at any time, unless under consideration of the interests of ELBGOODS, this is unreasonable for the USER. Such changes will be implemented on the website, whereby the registered USER will be informed by email and will have 14 days after accessing this email to exercise their right to object. Should the USER fail to object within this time, the amended T&Cs will be considered to have been accepted by the USER. If the user objects within the specified period, ELBGOODS – under consideration of the legitimate interests of the USER – is entitled to cancel the existing contract with the corresponding USER at the point in time at which the amended T&Cs come into effect. The USERS's account on the ELBGOODS website will be deleted in this case. The USER may not derive a claim against ELBGOODS from this.
(1) Registration is required in order for a PROVIDER to take out ENTRIES and ADVERTISEMENTS.
(2) A contract for the placement of an ENTRY or ADVERTISEMENT between the PROVIDER and ELBGOODS only comes into effect with approval from ELBGOODS and/or the publishing of the ENTRY or ADVERTISEMENT / its placement on the website eventlocations.com. Verbal confirmations, either in person or by telephone, are not legally binding.
(3) The T&Cs can be seen and printed out at any time via https://eventlocations.com/en/terms. ELBGOODS highlights this option to view the T&Cs during the registration process.
(4) Should ELBGOODS make use of third parties for the provision of the services offered, such third parties will not become contract partners of the USER.
(5) ELBGOODS reserves the right to accept or reject requests for the placement of ENTRIES or ADVERTISEMENTS and also to reject ENTRIES or ADVERTISEMENTS even after the conclusion of a contract for legal, ethical or similar reasons and/or to take them offline and/or to delete them. Upon request, the USER may be informed of the reasons for the rejection. Insofar as the PROVIDER is not able to supply an amended ENTRY or ADVERTISEMENT which complies with ELBGOODS’ requirements, the PROVIDER has no right to publishing or reimbursement of any fees paid. The enforcement of additional claims is expressly excluded.
(6) ELBGOODS reserves the right to postpone the placement of ENTRIES or ADVERTISEMENTS due to technical or other reasons. Any agreements with regard to the placement date are invalid, unless they have been agreed with ELBGOODS in writing.
(1) ELBGOODS offers the PROVIDER the platform upon which the PROVIDER may place, alter or delete ENTRIES and ADVERTISEMENTS for the marketing of event locations. In addition, INTERESTED PARTIES can use the platform to search for and make requests about locations for their event free of charge and without registration. The requests may take the following forms:
(1.1) "Direct requests": Requests pertaining to a specific event location chosen by an INTERESTED PARTY, received by ELBGOODS, saved and forwarded to the respective SUPPLIER.
(1.2) "General requests": Requests not attached to a specific event location received by ELBGOODS, saved and forwarded to location operators, whose location ELBGOODS considers to be potentially suitable for the request. Should queries arise before such forwarding has taken place, ELBGOODS may contact the location operator and/or INTERESTED PARTY.
(1.3) Should a requested location be unavailable, ELBGOODS reserves the right to offer the INTERESTED PARTY an alternative location.
(2) Using the website's search function, USERS can search through ENTRIES, read them and make contact with the respective PROVIDER and in so doing enquire about the availability of an event location.
(3) Any contract concerning the hiring out of a location that is agreed via the platform on eventlocations.com is not concluded with ELBGOODS but directly between PROVIDER and the INTERESTED PARTY.
(4) The scope of the agreed services is derived from these T&Cs and some additional conditions in the online form for the placement of an ENTRY. ELBGOODS guarantees the PROVIDER, who has taken out an ADVERTISEMENT, the best possible reproduction of the advertising material (text, pictures) in keeping with the respective conventional technical standards. Conversely, ELBGOODS does not guarantee a specific sequential order for ENTRIES or ADVERTISEMENTS placed on the website and for the search results found there. The PROVIDER should be aware, however, in accordance with the state of the art, it is not possible to create a program entirely free from error. The portal owner pledges to the PROVIDERS of ADVERTISEMENTS to maintain the availability of the portal for the agreed services at an average of 97 % for the year. This percentage already accounts for the necessary maintenance work.
(5) ELBGOODS reserves the right to expand the services offered, to conduct changes and improvements and configure these on the platform. Exclusion of the USER's competitors from the website is fundamentally not possible. The circumstances of this paragraph shall not constitute any entitlement of a claim for a reduction in applicable fees, reimbursement or compensation.
(6) ENTRIES and ADVERTISEMENTS may contain the contact details of PROVIDERS, which will be stored in an online form made available for this purpose. Contact details in running text are not permitted. Prior to the publishing of an ENTRY or ADVERTISEMENT, ELBGOODS reviews the material uploaded by the PROVIDER and retains the right to refuse to publish it in the event that there are reasonable grounds for doing so. There exists no entitlement to the publishing of an ENTRY or ADVERTISEMENT which ELBGOODS deems to be unsuitable.
(7) Only one user account is permissible per PROVIDER.
(8) In order to increase the reach of the event locations, ELBGOODS holds the exclusive usage rights for the ENTRIES and ADVERTISEMENTS in accordance with Section IV (1) to the extent that the ENTRIES and/or ADVERTISEMENTS may supplementarily be offered and published on additional online partner platforms.
(1) It is the PROVIDER's duty to ensure that the necessary information, dates, files, respective target addresses for the links and any miscellaneous material (advertising materials) which are required for publishing the ENTRY or ADVERTISEMENT are truthful and without error and are delivered at the PROVIDER's own cost, in accordance with the contractual conditions in these T&Cs and further conditions in the online form.
(2) The PROVIDER undertakes only to use the platform for the designated purpose of the portal (advertising event locations and associated services) and guarantees that: the material is suitable for this purpose, in particular for screen display in the respective environment (online publishing); the PROVIDER may assign usage rights in accordance with Section V; the PROVIDER is not in violation of the rights of third parties or applicable laws; the ENTRY or ADVERTISEMENT contains exclusively truthful information and is uploaded in the contractually agreed form and size in accordance with the online form.
(3) ELBGOODS shall not be liable for the material provided and in particular is not obligated to store this or return it to the PROVIDER. Should ELBGOODS become aware of the unlawfulness of any advertising material, the material in question and/or the associated user account must be deleted and/or deactivated.
(4) The PROVIDER must inspect the ENTRY or ADVERTISEMENT immediately following its placement and must report any errors within three working days of the initial publication. After this time has lapsed the ENTRIES and ADVERTISEMENTS and the manner of their publication will be considered as accepted.
(5) The use of the website by USERS who are not of full age or capacity is prohibited by ELBGOODS.
(6) The USER undertakes to keep any passwords confidential, and/or to make changes or arrange for changes to be made to these, if the suspicion arises that unauthorised third parties have acquired knowledge of them.
(7) PROVIDERS undertake to immediately remove their offer of an event location from the platform database themselves, in the event that the advertised location becomes unavailable for hire for an extended period.
(8) Only one ENTRY may be placed per event location. Should a user have multiple event locations, they may place one ENTRY per event location. The quantity of ADVERTISEMENTS is not subject to limitations.
(9) The PROVIDER is obligated to submit the following information regarding themselves or their business and the event location in the space designated "contact information". Anonymous ENTRIES or ADVERTISEMENTS will not be published or otherwise immediately deleted.
(10) ENTRIES may only contain offers concerning event locations.
(11) Insofar as USERS receive data via use of the site eventlocations.com, USERS are expressly forbidden from using these data to found their own platforms, databases or for other commercial purposes placing them in competition with ELBGOODS.
(12) All USERS of the website are prohibited from implementing software which automatically searches through and analyses the web pages of ELBGOODS (web crawlers). Publicly available search engines such as Google, Bing etc. are excluded from this prohibition.
If, in accordance with Section IV (1), PROVIDERS place ENTRIES or ADVERTISEMENTS – in particular text, images and video – on the eventlocations.com website, they award ELBGOODS the non-exclusive right, unrestricted by time or space and free of charge, to use the advertising material for their services and advertising activities (online platforms, online adverts on their own website and those of third parties, newsletters, Facebook, trade fairs etc.) edited or unedited, in whole or in part for ELBGOODS’ own commercial purposes. This entails in particular the right to duplication, distribution, public disclosure, offer public access, sending, presenting and screening.
(1) ELBGOODS makes the platform on eventlocations.com available for the publishing of ENTRIES and ADVERTISEMENTS by PROVIDERS.
(2) To increase their reach, ENTRIES and ADVERTISEMENTS can also be placed on additional websites at the behest of the PROVIDER. The selection of the corresponding target groups is undertaken by the PROVIDER.
(3) The PROVIDER can deactivate their ENTRY at any time using a web interface provided by ELBGOODS or, should this option be unavailable, they may request deactivation via email to email@example.com.
ENTRIES can be deactivated by ELBGOODS at any time. An automatic conversion to paid offers will not take place.
(4) An ADVERTISEMENT can be cancelled using a web interface provided by ELBGOODS or, should this option be unavailable, via a corresponding email to firstname.lastname@example.org at the end of the agreed duration.
(5) ELBGOODS supplies the PROVIDER with the invoices for ADVERTISEMENTS via a web interface, containing both the total amount and the agreed services. Upon request, ELBGOODS can also provide invoices by email. Insofar as data, such as impressions and clicks are available, ELBGOODS will also make these available to the PROVIDER.
(6) Agreed remuneration for the placement of ADVERTISEMENTS will be invoiced within a period of time defined by ELBGOODS and payment due immediately upon receipt of the invoice. ELBGOODS accepts payment via direct debit, credit card and PayPal.
The notice of collection for a direct debit ("pre-notification") takes place within a period of at least five working days; the deadlines for SEPA pre-notification are accordingly shortened to five days. Should payment fail to be made despite timely pre-notification, the PROVIDER is responsible for the failure of the payment and must reimburse the additional costs incurred by ELBGOODS.
(7) Fees already paid shall not be reimbursed.
(8) Invoicing takes place exclusively on an electronic basis.
(9) If the PROVIDER defaults on a payment, interest will be charged on the invoiced sum at 9% above the respective base rate. In addition, ELBGOODS reserves the right to deactivate the corresponding user account and/or ENTRIES and ADVERTISEMENTS until payment has been made in full.
(1) ELBGOODS solely offers PROVIDERS the opportunity to submit ENTRIES and ADVERTISEMENTS for publication, and INTERESTED PARTIES the opportunity to inform themselves about the offers of PROVIDERS, insofar as ELBGOODS is not operating as the PROVIDER in any given instance. ELBGOODS is neither party to the legal relationship between PROVIDERS and INTERESTED PARTIES, nor responsible for failures or violations of the obligations of a legal relationship that arises between PROVIDERS and INTERESTED PARTIES (exemption from liability). The conclusion of contracts, which PROVIDERS and INTERESTED PARTIES make among themselves is the sole responsibility of the respective PROVIDER and INTERESTED PARTY.
(2) ELBGOODS is neither liable for the correctness of the content of ENTRIES and ADVERTISEMENTS placed by PROVIDERS, nor for the conduct or failures of USERS or third parties.
(3) ELBGOODS is not liable for the creditworthiness of USERS.
(4) The PROVIDERS themselves are solely responsible for agreeing mutually acceptable conditions of payment.
(5) ELBGOODS accepts no liability for damages, which arise from access to the website, and which USERS could have avoided with appropriate measures, in particular through program and data protection as well as security or back up measures.
(6) ELBGOODS holds the USER liable for all damages to ELBGOODS, which arise on the basis of a USER's infringement of laws (such as copyright and trademark violations) or these T&Cs. USERS are obligated to indemnify ELBGOODS against all claims from third parties in this regard. In particular ELBGOODS will hold the USER liable for damages done to ELBGOODS or third parties as a result of the culpable transmission of defective data or data contaminated with viruses. This also encompasses the reimbursement of costs for necessary legal representation and court proceedings.
(7) Beyond the liability for material defects and defects of title, ELBGOODS has unlimited liability, providing that the cause of damage was intentional or the result of gross negligence. ELBGOODS is also liable for the negligent breach of fundamental obligations (obligations, whose breach jeopardises the fulfilment of the purpose of the contract) as well as for the breach of cardinal obligations (obligations, whose fulfilment primarily facilitates the execution of the contract and the observance of which the USER regularly relies upon), however, in each case only for foreseeable damages, typical to the contract, in the sum of a maximum of EUR 2,500. ELBGOODS is not liable for the negligent breach of any conditions other than those outlined in the paragraph above.
(8) The limitations on liability outlined in the paragraph above do not apply to the loss of life, physical injury and damage to health, for a defect after assumption of a guarantee for the procurement of a product and defects that have been fraudulently concealed. Liability pursuant to the German Product Liability Act shall remain unaffected.
(9) Where ELBGOODS' liability is excluded or limited, this exclusion or limitation shall likewise apply to the personal liability of employees, representatives and vicarious agents.
(1) The PROVIDERS are aware that by publishing their ENTRIES or ADVERTISEMENTS, the data submitted by them are visible to everyone on the internet. These data are addressed above in Section IV (9).
(2) Any remaining information, which ELBGOODS becomes party to in connection with the registration of USERS in addition to the publishing of ENTRIES and ADVERTISEMENTS and the collection of any fees will be saved, used and transmitted in accordance with data protection guidelines (available at https://eventlocations.com/en/privacy).
To the extent that 'rent' is discussed in these T&Cs in connection with the interaction between USERS, this shall have expressly no impact on the legal nature of any contract, which USERS conclude among themselves. This contract may involve rent, works or services.
(1) For businesspersons, legal persons under public law or separate legal entities, the place of fulfilment and jurisdiction is the company domicile of ELBGOODS (Hamburg, Germany).
(2) This agreement shall be governed exclusively by the laws of the Federal Republic of Germany. Other national laws and likewise the standard international purchasing law are excluded.
Note: These general terms and conditions have been translated from German with the utmost care. In case of doubt or discrepancy, the original German text will prevail.