General Terms and Conditions for the Use of the Online Platforms on eventlocations.com, eventcatering.com, and eventbook.com

Elbgoods GmbH, Alter Wall 69, 20457 Hamburg (hereinafter "ELBGOODS"), operates an online platform for event locations under the web address eventlocations.com, an online platform for catering services under the web address eventcatering.com, and an online platform for event service providers under the web address eventbook.com. All visitors may use the platforms free of charge. ELBGOODS offers additional paid services that can be booked separately.

Definition of Terms:

I. Scope

(1) The General Terms and Conditions (hereinafter "T&Cs") apply to all USERS of the WEBSITES. In particular, they apply to PROVIDERS who create an ENTRY in the provider directory or book a paid ADVERTISEMENT, as well as to INTERESTED PARTIES who have an interest in the offers of PROVIDERS.

(2) The T&Cs conclusively regulate 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 it. Conflicting or deviating general terms and conditions of a USER will not be recognized by ELBGOODS.

(4) USERS of the WEBSITES offered by ELBGOODS acknowledge that no contractual relationship arises between them and ELBGOODS regarding the use, rental, or engagement of services, but only regarding the use of the WEBSITES.

(5) ELBGOODS may change the content of these T&Cs at any time unless such changes are unreasonable for the USER considering the interests of ELBGOODS. Such changes will be published on the website, and registered USERS will be informed by email and granted a right to object to the changes within 14 days of receiving the email. If no objection is made within this period, the amended T&Cs will be considered accepted by the USER. If an objection is made within the deadline, ELBGOODS - taking into account the legitimate interests of the USER - is entitled to terminate the contract with the corresponding USER at the time the amended T&Cs come into effect. In this case, the USER's account on ELBGOODS' website will be deleted. The USER cannot derive any claims against ELBGOODS from this.

II. Conclusion of the contract with ELBGOODS

(1) Registration of a PROVIDER is required to create ENTRIES and ADVERTISEMENTS.

(2) A contract for the publication of an ENTRY or ADVERTISEMENT between the PROVIDER and ELBGOODS only comes into effect upon approval by ELBGOODS and/or the publication of the ENTRY or ADVERTISEMENT on the WEBSITE. Verbal or telephone confirmations are not legally binding.

(3) The T&Cs can be viewed and printed at any time at https://eventbook.com/en/terms. ELBGOODS points out these possibilities during the registration process.

(4) If ELBGOODS uses third parties to provide the offered services, these third parties will not become contractual partners of the USERS.

(5) ELBGOODS reserves the right to accept or reject orders for ENTRIES or ADVERTISEMENTS and also to reject them after contract conclusion for legal, ethical, or similar reasons and/or to take them offline and/or delete them. Upon request, the PROVIDER may be informed of the reasons for rejection. If the PROVIDER is unable to provide a revised ENTRY or ADVERTISEMENT that meets ELBGOODS' requirements, the PROVIDER has no right to publication or reimbursement of any payments made. The assertion of further claims is expressly excluded.

(6) ELBGOODS also reserves the right to postpone the publication date due to technical or other reasons. Any agreements regarding the publication date are only valid if they have been agreed upon in writing with ELBGOODS.

III. Scope of Services

(1) ELBGOODS provides the PROVIDER with the WEBSITES through which the PROVIDER can create, modify, or delete free ENTRIES and paid ADVERTISEMENTS for marketing event services. USERS can also search for and request ENTRIES for their events free of charge, with or without registration. Requests may be made as follows:

(1.1) "Direct requests": Requests concerning a specific ENTRY selected by the INTERESTED PARTY are received by ELBGOODS, stored, and forwarded to the respective PROVIDER.

(1.2) "General requests": Requests without a selected ENTRY are received by ELBGOODS, stored, and ELBGOODS decides at its discretion which ENTRIES match the request and forwards it to the identified PROVIDERS. If queries arise before forwarding, ELBGOODS may contact the PROVIDER and/or INTERESTED PARTY.

(1.3) If a PROVIDER is unavailable, ELBGOODS reserves the right to offer alternative ENTRIES to the INTERESTED PARTY.

(2) USERS can search, read, and contact the respective PROVIDER using the search function on the website to inquire about availability.

(3) Any contract for use, rental, or engagement mediated through the WEBSITES is not concluded with ELBGOODS but directly between the PROVIDER and the INTERESTED PARTY.

(4) The scope of the agreed services results from these T&Cs and any additional terms in the web form for creating an ENTRY. ELBGOODS ensures the PROVIDER who books a paid ADVERTISEMENT the best possible representation of advertising materials (text, images) in line with the respective technical standard. However, ELBGOODS does not guarantee a specific ranking of ENTRIES or ADVERTISEMENTS on the website and in search results. The PROVIDER acknowledges that, according to the state of the art, it is not possible to create a completely error-free program. The portal operator undertakes to maintain the availability of the portal for the agreed services at an average of 97% per year for PROVIDERS of paid ADVERTISEMENTS. This includes necessary maintenance work.

(5) ELBGOODS reserves the right to expand, modify, and improve the services and configure them on the WEBSITES. The exclusion of competitors of the PROVIDERS is fundamentally not possible. No claims for reduction, reimbursement, or damages arise from these circumstances.

(6) ENTRIES and ADVERTISEMENTS may contain PROVIDER contact details, which are stored via a provided web form. Contact details in continuous text are not permitted. Before publishing an ENTRY or ADVERTISEMENT, ELBGOODS reviews the content uploaded by the PROVIDER and reserves the right to reject publication for justified reasons. There is no entitlement to the publication of an ENTRY or ADVERTISEMENT deemed unsuitable by ELBGOODS.

(7) Only one user account is permitted per PROVIDER.

(8) To increase the reach of ENTRIES, ELBGOODS expressly receives the usage rights to the ENTRIES and ADVERTISEMENTS according to Section IV. (1) to the extent that the ENTRIES or ADVERTISEMENTS may additionally be offered and published on further online partner platforms.

einheitliche internationale Kaufrecht werden ausgeschlossen.

V. Granting of Usage Rights

If PROVIDERS publish ENTRIES or ADVERTISEMENTS on the WEBSITE in accordance with Section IV. (1), they grant ELBGOODS the non-exclusive, gratuitous, unlimited territorial and perpetual right to reproduce, copy, distribute, transmit, make available, publish (online, print), grant sublicenses, transfer or otherwise use the advertising content for commercial purposes, including but not limited to the following uses in connection with all or any portion of the advertising content:

(a) the provision/dissemination of the advertising content;
(b) the marketing, promotion, or demonstration of the advertising content;
(c) as part of editorial news, analysis, marketing, advertising, customer engagement, or as part of an offer;
(d) as part of a publication, report, document, or other materials (in any media) prepared by ELBGOODS in connection with the provision of project or consulting services, and
(e) the sublicensing of third parties authorized for the above-mentioned uses. This also includes sublicensing to third parties at the second license level. From this second level onwards, the authority to sublicense to third parties ends.

VI. Publishing, Contract Duration, Prices, and Payment Conditions

(1) ELBGOODS provides the platform for the publication of ENTRIES and ADVERTISEMENTS by PROVIDERS on the WEBSITE.

(2) To increase reach, ENTRIES and ADVERTISEMENTS may also be placed on other websites at the request of the PROVIDER. The PROVIDER determines the corresponding target groups.

(3) The PROVIDER may deactivate their free ENTRY at any time using a web interface provided by ELBGOODS or, if this option is not available, request deactivation by sending an email to [email protected].

ELBGOODS may terminate the publication of free ENTRIES at any time without notice. An automatic conversion to paid offers will not take place.

(4) Paid ADVERTISEMENTS can be canceled using a web interface provided by ELBGOODS or, if this option is unavailable, via a corresponding email to [email protected] at the end of the agreed duration.

(5) ELBGOODS provides the PROVIDER with invoices for paid ADVERTISEMENTS via a web interface, detailing the total amount and the agreed service. Upon request, ELBGOODS may also send invoices via email.

(6) The agreed fees for placing ADVERTISEMENTS are invoiced within a period defined by ELBGOODS (e.g., in the user account) and are due immediately. ELBGOODS accepts payment via direct debit and credit card.

The notice of collection for a direct debit ("pre-notification") occurs at least five working days in advance; the deadline for SEPA pre-notification is accordingly shortened to five days. If the payment fails despite timely pre-notification, the PROVIDER is responsible for the failure and must reimburse ELBGOODS for the additional costs incurred.

(7) Fees already paid shall not be refunded.

(8) Invoicing is exclusively electronic.

(9) If the PROVIDER defaults on payment, the outstanding invoice amount will be subject to interest at 9% above the respective base rate. ELBGOODS reserves the right to deactivate the corresponding user account and/or ENTRIES and ADVERTISEMENTS until full payment is received.

VII. Liability

(1) ELBGOODS merely provides PROVIDERS with the opportunity to submit ENTRIES and ADVERTISEMENTS for publication and USERS with the opportunity to inform themselves about offers, unless ELBGOODS itself acts as a PROVIDER. ELBGOODS is neither involved in the legal relationship between PROVIDERS and INTERESTED PARTIES nor responsible for omissions or breaches of obligations in the legal relationship that arises between them (exemption from liability). The handling of contracts agreed upon between PROVIDERS and INTERESTED PARTIES lies solely in the responsibility of the respective PROVIDERS and INTERESTED PARTIES.

(2) ELBGOODS is not liable for the accuracy of the content of ENTRIES and ADVERTISEMENTS posted by PROVIDERS, nor for actions or omissions of USERS or third parties.

(3) ELBGOODS is not liable for the creditworthiness of the parties involved.

(4) PROVIDERS are solely responsible for agreeing to mutually acceptable payment conditions.

(5) ELBGOODS is not liable for damages resulting from access to the website that USERS could have avoided with appropriate measures, particularly through program and data protection as well as security or backup measures.

(6) USERS are liable to ELBGOODS for any damages incurred by ELBGOODS as a result of a USER's violation of laws (such as copyright and trademark infringements) or these T&Cs. USERS are obliged to indemnify ELBGOODS against all claims from third parties in this regard. USERS are particularly liable for damages caused to ELBGOODS or third parties due to the culpable transmission of defective or virus-infected data. This also includes the reimbursement of costs for necessary legal representation and litigation.

(7) Beyond liability for material defects and defects of title, ELBGOODS has unlimited liability insofar as the cause of the damage was intentional or resulted from gross negligence. ELBGOODS is also liable for the negligent breach of essential obligations (obligations whose violation jeopardizes the achievement of the contract's purpose) as well as for the breach of cardinal obligations (obligations whose fulfillment primarily enables the execution of the contract and which the USER regularly relies on), but in each case only for foreseeable damages typical to the contract, up to a maximum of EUR 2,500. ELBGOODS is not liable for the negligent breach of any obligations other than those outlined above.

(8) The above limitations of liability do not apply in cases of injury to life, body, and health, for a defect after assuming a guarantee for the condition of the product, and in cases of fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.

(9) Where ELBGOODS' liability is excluded or limited, this exclusion or limitation also applies to the personal liability of its employees, representatives, and vicarious agents.

VIII. Data Protection

(1) PROVIDERS are aware that by publishing their ENTRIES or ADVERTISEMENTS, the data entered by them will be publicly visible on the internet. These data correspond at least to those outlined in Section IV. (9).

(2) Any other data obtained by ELBGOODS in connection with the registration of USERS, the publication of ENTRIES and ADVERTISEMENTS, and the collection of any fees shall be stored, used, and transmitted in accordance with the data protection guidelines (available at https://eventbook.com/en/privacy).

IX. Miscellaneous

To the extent that "rent" is mentioned in these T&Cs regarding the interaction between USERS, this explicitly does not affect the legal nature of any contract that USERS conclude among themselves. This contract may involve rental, works, or services.

X. Final Provisions

(1) For merchants, legal entities under public law, or special public funds, the place of performance and jurisdiction is the registered office of ELBGOODS (Hamburg, Germany).

(2) This agreement shall be governed exclusively by the laws 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 discrepancy, the original German text will prevail.