Terms of Use – commumee

Conditions for the use of the commumee event software

Status: May 24, 2018

The event management software commumee offers its users the opportunity to plan and organize events, seminars, virtual events, etc. (hereinafter referred to as “events”) as part of their private or commercial activities, to register participants for events as well as tickets and other products, if applicable / To sell services (the organizing user is hereinafter referred to as the “organizer”). If necessary, commumee offers organizers and users additional services.

On the other hand, commumee offers its users the opportunity to take part in the aforementioned events, to purchase tickets and, if necessary, other products / services (the participating user is hereinafter referred to as “participant”).

With the commumeeID, commumee offers organizers and users personal access to all functions of commumee. Once created, events, personal data and all information are linked and enable not only simple registration for events but also the creation and management of your own events.

1 Conditions of use, conclusion of contract and assurances upon conclusion of contract
1.1 The contractual relationship with regard to events and the sale or purchase of admission tickets is exclusively between the organizer and the participant. In this respect, commumee acts exclusively as a commercial representative who acts in the name and for the account of the organizer and on whose behalf the sales contract is processed. For this reason, commumee is not liable in particular for the organizer’s insolvency, the cancellation of an event or other problems with the course of the event.

1.2 It is the sole responsibility of the organizer to post information about the respective event, the number of available tickets, prices and other information about the event and to keep it up to date. commumee has no influence on these settings. The organizer is also solely responsible for the correctness of the settings and information.

1.3 Additional terms and conditions and additional regulations of the respective organizer may apply to events. Commumee has no influence on such terms and conditions and additional regulations.

1.4 Offer and acceptance

By uploading the admission ticket offer, specifying the available admission tickets, the admission prices, the event date or period, as well as the possible payment methods, the organizer makes an offer for the conclusion of a purchase contract. The participant accepts the offer to conclude a purchase contract by clicking on the button “book now for a fee” or “book now” (the latter option is only displayed for free events) in the respective order mask. An effective acceptance of the offer by the participant presupposes that the participant has filled in all fields marked as mandatory by the organizer. Immediately after the conclusion of the contract, the participant will receive an email confirming the conclusion of the purchase contract. If the participant does not receive such a confirmation by e-mail or does not receive it in time, the participant is obliged to inform commumee of this immediately to the e-mail address info@commumee.de.

1.5 commumee is entitled to cancel an order placed by the participant (unilateral right of withdrawal) if the participant violates the conditions set up by the organizer or commumee in the context of the advance sale or tries to circumvent them. The declaration of cancellation or withdrawal can also be made implicitly by reimbursement of the amount paid by the organizer. §350 BGB does not apply.

1.6 The organizer agrees that commumee sends invoices to participants exclusively in electronic form.

1.7 The consumer acknowledges that commumee does not act as a payment service provider. Commumee has no influence on payment transactions between the organizer and the participant.

2 Right of Withdrawal
Exclusion or expiry of the right of withdrawal

There is no right of withdrawal for consumers or the right of withdrawal for consumers may expire prematurely for the following contracts:

Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision.

In addition, the following applies to contracts with consumers:

Right of cancellation, cancellation policy and sample cancellation form

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must contact us

commumee UG (limited liability) & Co. KG
Franz-Joseph-Strasse 11
80801 Munich

Email: info@commumee.de

by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheap standard delivery we offer have), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
If you have requested that the service should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided in the contract.

A sample cancellation form is available here for you to download as a PDF file.

Exclusion of the right of withdrawal

The right of revocation does not exist if, when concluding the legal transaction, you are mainly exercising your commercial or self-employed professional activity and you are therefore to be regarded as an entrepreneur (Section 14 BGB).
The right of withdrawal towards commumee does not apply to contracts that are not concluded between you and commumee, but between you and a third party. Any rights of withdrawal can only be asserted against the third party in this regard. Therefore, there is no right of revocation vis-à-vis commumee with regard to the purchase of tickets within the framework of the event platform.

Other important information

You expressly agree that we will start performing the service before the end of the withdrawal period.

Right of withdrawal for contracts with entrepreneurs and corporates

3 User obligations and special provisions for participants and organizers
3.1 Shipping, loss and complaints about tickets

(a) Immediately after ordering, commumee sends a purchased ticket to the electronic address specified by the participant when ordering, unless otherwise agreed (e.g. depositing the admission ticket at the venue).

(b) The participant is obliged to check the correctness of the tickets sent to him himself in order to enable commumee to make a replacement delivery possible in good time before the start of the event.

(c) Participants can request electronic admission tickets again at any time by creating a commumeeID in the commumee portal or they can be downloaded as a file.

(d) The participant acknowledges that the prices for admission tickets or other services specified by the organizer are due for payment immediately, unless expressly stated otherwise.

(e) The participant or user expressly allows commumee to use the services of subcontractors for the provision, execution and processing of the contract or its services. If subcontractors act as processors within the meaning of the GDPR, commumee undertakes to make the corresponding data protection agreements with subcontractors.

3.2 Return of tickets, reimbursement of the purchase price

(a) If an event is canceled or postponed, the participant’s right to return a ticket that has already been purchased is determined by the statutory provisions and the agreements that the participant has made with the organizer.

(b) It is the sole responsibility of the organizer to reverse payments. commumee does not act as a payment service provider and has no influence on the payments between the participant and the organizer.

Regulations for organizers

3.3 General requirements

(a) The organizer is obliged to inform participants of any existing right of cancellation or return and to instruct them accordingly. If there is a legal obligation to make available terms and conditions, the organizer is also obliged to do so.

(b) If an event is postponed, canceled or changed with regard to the date, time, venue or other essential factors, the organizer undertakes to change this immediately via the event settings in commumee and to actively notify these changes to those participants who have already purchased tickets .

(c) The organizer affirms that he is entitled to conclude this agreement, including the authority to commission commumee with the mediation and sale of admission tickets in accordance with these terms and conditions.

(d) The organizer affirms that he has the right to carry out and market the events offered via commumee and, if necessary, to use protected brands and trademarks.

(e) The organizer assures commumee that there are no agreements with other parties that prevent the use of commumee in accordance with these GTC.

(f) The organizer assures that, to the best of its knowledge, there is no reason preventing the event from taking place.

(g) The organizer undertakes to prove to commumee the requirements specified in paragraphs (c), (d), (e) and (f) upon request.

(h) The organizer hereby instructs and authorizes commumee, for the duration of this contract, as a representative on behalf of and for the account of the organizer, to purchase tickets to the public for the event that he is planning or otherwise presenting via commumee to mediate and send to this event via commumee. In addition, the organizer commumee instructs the participants to send electronic invoices by email if necessary and to do this in his name and for his account.

(i) The organizer is solely responsible for paying sales tax or any other taxes and duties incurred from ticket sales.

(j) The organizer expressly allows commumee to use the services of subcontractors for the provision, execution and processing of the contract or its services. If subcontractors act as processors within the meaning of the GDPR, commumee undertakes to make the corresponding data protection agreements with subcontractors.

3.4 Ticket prices and fees

(a) The organizer determines the price for admission tickets at its own discretion.

(b) The organizer takes note of the prices stated on the commumee website for the use of commumee and accepts them.

(c) The only reference value for the calculation of fees is the number of tickets sold via commumee. An admission ticket is considered to have been sold when the participant confirms the purchase contract by clicking on the button “book now for a fee” or “book now” (the latter option only for free admission tickets).

(d) Tickets canceled by the organizer are considered sold tickets in accordance with these GTC.

(e) If the organizer detects misuse (e.g. mass purchases for fun, purchases with obviously wrong names or dates, etc.), he must report this to commumee immediately. Tickets that have been issued through improper use will be canceled by commumee free of charge for the organizer. The determination of improper use is entirely at the discretion of commumee.

(f) If an event is not carried out for reasons for which commumee is not responsible, the fees for the services provided by commumee are still due.

(g) Further fees are due in accordance with the currently valid price list, especially for additional services and products.

(h) Unless otherwise stated, all prices for services and products from commumee are exclusive of statutory sales tax.

3.5 Reversal

(a) In the event that the event is canceled, the organizer alone is responsible for rescinding the purchase contract. commumee has no influence on the reversal of the purchase contract. This also applies in the event of any other change in the event through which the participant can legitimately return admission tickets.

(b) Regulations for the reimbursement of tickets that have already been paid for are the sole responsibility of the organizer, regardless of the reason for the reimbursement. commumee has no influence on this.

(c) If commumee is legally obliged to do so, commumee undertakes to revoke the purchase contract that was brokered via commumee in the name and on behalf of the organizer.

(d) Furthermore, the organizer can commission commumee to reverse the event for its event, excluding repayment of the purchase price. This reversal is charged at EUR 100 for events with up to 100 participants and EUR 1 for each additional participant.

3.6 Abuse

(a) The organizer is obliged to notify commumee immediately of improper use (e.g. mass purchases for fun, purchases with obviously incorrect information, etc.). It is also the responsibility of the event organizer to regularly check for such occurrences.

(b) If commumee suspects that commumee’s services and products are being misused by the organizer, commumee has the right to stop the sale of tickets without prior notice and to prohibit further use of commumee. Abusive use exists in particular if

– It is known in advance of the event that the event is not to take place or not as announced to the participants

– illegal or immoral events are to be carried out

– There is information that indicates that the organizer is not authorized to hold the respective event, to sell or market tickets for it

After the sale of tickets has been prevented or the use of commumee has been prohibited for the aforementioned or comparable reasons, commumee will inform the organizer of the measure within seven working days. The organizer then has 30 days from sending the information by commumee to dispel the suspicion. If the organizer does not succeed in this, commumee reserves the right to cancel all tickets that have already been purchased and to send the organizer a further notice about this. It is the sole responsibility of the organizer to repay amounts already paid to the participants.

4 Invoicing, terms of payment, provisions for organizers
4.1 The organizer acknowledges that sales made via commumee can only be paid for by invoice.

4.2 The organizer is aware that certain types of payment (e.g. purchase on account or prepayment) entail the risk of payment default by the participant. Collection is the sole responsibility of the organizer.

4.3. The organizer accepts that bills and invoices for the use of commumee will be sent to him by email.

4.4 The fees to be paid by the organizer for the use of commumee are due for payment at the start of the event and are to be paid to commumee no later than 14 days. The organizer is in default of payment at the beginning of the 15th day after commumee has sent the invoice.

4.5 A processing fee of EUR 25 will be charged for a delay in payment of up to 14 days. A processing fee of additional EUR 25 will be charged for a delay in payment of 15 up to 29 days. For a delay in payment of 30 days and more we will charge an additional processing fee of EUR 50. These fees are due for payment immediately upon the occurrence of default in payment.

4.6 The organizer accepts that commumee may commission third parties to collect claims that are due and not yet due. In addition, the organizer gives his consent to his data being passed on to third parties for this purpose and, if necessary, stored there.

4.7 The organizer is obliged to raise objections to the statements and invoices provided by commumee immediately, at the latest within two (2) weeks after the statement or invoice. Otherwise the statement or invoice is considered approved.

Data protection and other provisions

5.1 The law of the Federal Republic of Germany applies to the exclusion of international private law and the UN sales law.

5.2 The place of jurisdiction is, as far as legally permissible, the seat of commumee.

5.3 Should one or more provisions of these terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected. The contracting parties undertake to replace any provisions that have become or become ineffective within 14 days of becoming aware of the ineffectiveness with such effective provisions that come close in their regulatory content to the economically intended meaning and purpose of the provisions that have become ineffective.

5.4 Organizers and participants acknowledge and agree that commumee or third parties commissioned by commumee have access at any time for the purpose of administration, protection against misuse, checking the system integrity, system expansion or improvement, maintenance or other administrative, technical or security-related activities can take on the data stored in commumee. This access is regulated by our date protection measures.

5.5 These general terms and conditions are supplemented by the data protection conditions. These are electronically available at www.commumee.de/data-protection.

5.6 Unless expressly agreed otherwise, the organizer can send all statements to commumee by email or post. commumee can send all declarations to the organizer or participant by e-mail to the e-mail address stored in commumee. The e-mail address can be updated independently in the commumee system.