General Terms and Conditions DRIVTO GmbH

Preamble

These general terms and conditions apply to the sale and brokerage of tickets and other products and services as well as the visit and participation in events (“DRIVTO-GTC”). The DRIVTO-GTC apply both to end-users/ticket buyers (“Buyers”) and to organizers and service providers (“Providers”, together with the Buyers, the “Users” or individually the “User”).

DRIVTO GmbH (hereinafter “DRIVTO”) provides its services exclusively on the basis of the following general terms and conditions. By using DRIVTO's services, the User agrees to the validity of these GTC. DRIVTO is entitled to change or supplement the GTC at any time with effect for the future and without giving reasons with a reasonable notice period.

Scope of Application

DRIVTO provides a platform in the form of an app/website. Third parties can post events or services on this platform. DRIVTO also has the option of posting its own events or services.

With the help of DRIVTO's services, the User is enabled to post and/or retrieve web services and content of the User or third parties (hereinafter “Content”) on the Internet and/or send them to third parties. The Content is stored or kept available on a DRIVTO server. DRIVTO is entitled to expand, restrict or otherwise change DRIVTO's services at any time, in particular to adapt them to the current state of technology or the relevant legal provisions.

The Buyer has the option to purchase tickets for the posted events. To do this, the Buyer – as a registered user – must transmit their personal and payment data to DRIVTO.

Contractual Basis

Validity of the DRIVTO-GTC. These General Terms and Conditions (“DRIVTO-GTC”) govern:

- the brokerage of customers for participation in third-party events. Insofar as the performing organizer or a third party other than the organizer sells the tickets (“Organizer”), the event conditions which the organizer makes the basis of the event contract (“Organizer-GTC”) apply exclusively.

- the sale of tickets or other access authorizations, e.g. wristbands, for various events (“Tickets”) and other services and products via DRIVTO GmbH, xxx, xxx (hereinafter referred to as “DRIVTO”),

- the brokerage of customers for third-party services. Insofar as the performing service provider or a third party other than the organizer provides the services (“Service Provider”), the contractual conditions which the service provider makes the basis of the service contract (“Service Provider-GTC”) apply exclusively.

Validity of the Organizer/Service Provider-GTC

- Execution of events. The events are predominantly carried out by other organizers and not by DRIVTO. The contract for visiting or participating in the event is concluded between the ticket buyer and the organizer on the basis of separate Organizer-GTC. In this respect, DRIVTO only brokers the possibility of purchasing tickets on behalf of or as a commission agent of the organizer. The issuer of the ticket is the respective organizer.

- Provision of services. The services are predominantly provided by other service providers and not by DRIVTO. The contract for the respective service is concluded between the Buyer and the Service Provider on the basis of separate Service Provider-GTC. In this respect, DRIVTO only brokers the possibility of purchasing a service on behalf of or as a commission agent of the Service Provider.

- Events/Services by DRIVTO (“DRIVTO Exclusive”). DRIVTO is free to offer and carry out its own events or services. In these cases, supplementary individual event/service conditions apply in addition to the DRIVTO-GTC. These will be made available to the Buyer in the course of publishing the events/services.

Supplementary Regulations for Providers

If Providers use DRIVTO's services to offer content such as events or services, they are solely responsible for the content of these offers in accordance with Section 6.

In order to use DRIVTO's services as a Provider, Providers are obliged to conclude a framework or individual contract with DRIVTO for the use of DRIVTO's services. This contract must in particular contain provisions on the frequency of the offers and the remuneration of DRIVTO. Without such an agreement, the use of DRIVTO's services for Providers is prohibited.

Conclusion of Contract

Information about events/services. With the exception of DRIVTO's own events, the information about the events or services contained on the website/app and in other announcements, in particular event location, event start, event content or content of the service, is provided by the respective organizers or other third parties (hereinafter collectively referred to as "Organizer Information"), without DRIVTO being able to check this information. The submission of the contract offer is made on this basis.

Acceptance of the contract offer. The contract between the Buyer and the Seller (usually this is the respective organizer or other provider) is concluded by the acceptance of a purchase offer by sending an order number/confirmation by DRIVTO or the provider and is subject to the condition precedent of complete timely payment; exceptions are purchases where the Buyer uses a payment service, e.g. purchase on account. In these cases, the contract is concluded with the sending of the order number. In the case of payment on account, DRIVTO assigns the payment claim against the Buyer to the provider of the selected payment method; in this respect, the general terms and conditions of the respective payment method provider, to which reference is made in the ordering process, apply additionally.

Registration and Protection of the Account

Account Registration

Each User has the opportunity to register an account on DRIVTO's website or apps. Registration is only permitted for legal entities and natural persons with unlimited legal capacity. The person registering for a legal entity must be authorized to conclude corresponding contracts. The User undertakes to provide truthful and complete information for the data requested during registration. Within the scope of registration and the ongoing contractual relationship, DRIVTO is entitled to request the submission of a commercial register and/or trade register extract and other documents and information that appear necessary or appropriate for the conclusion of the contract or the maintenance of the contractual relationship.

Only one registration is permitted per User. If a User maintains multiple branches, they can add them via their user account. Each location must be created individually. Registration with DRIVTO is non-transferable. Each User receives a password. The User undertakes to inform DRIVTO immediately of any changes to their data. The User undertakes not to disclose the password, even upon request. DRIVTO points out that DRIVTO employees are not authorized to ask the User for their password. If you have forgotten your password, you can request a new password to be sent to the email address you provided using the “Forgot password” function.

Account Protection

Account Suspension

DRIVTO is entitled to temporarily suspend the User's account or parts thereof. This applies in particular if the User has violated DRIVTO's requirements for the design of events or illegal content has been posted, the User is in default of payment, has withdrawn their direct debit authorization or has unjustifiably objected to a direct debit, there is a well-founded suspicion that a third party is (co-)using the owner's access or there is another case of misuse of the database or exceeding the rights of use.

The User is liable for damages arising from third parties gaining knowledge of their password through their negligent or intentional conduct. If their password has been stolen or if they become aware that their password is being used unlawfully by third parties, DRIVTO must be notified immediately by email. DRIVTO stores the following data when transmitting messages from interested parties to Users via the contact form: the email address of the interested party and the customer number of the User. After sending a message via the contact form, interested parties should be given the opportunity to rate the contacted User.

Duration of Account Use

Liability

Unlimited Liability. DRIVTO, its legal representatives, executive employees or vicarious agents shall be liable without limitation in accordance with the statutory provisions of the Federal Republic of Germany (i) for damages arising from injury to life, body or health, (ii) in the event of intent or gross negligence, (iii) in accordance with the Product Liability Act, and (iv) in the event of the assumption of guarantees.

Limited Liability. For slight negligence, DRIVTO, its legal representatives, executive employees or vicarious agents shall only be liable in the event of a breach of a “material” obligation under these DRIVTO-GTC.

User Liability. The User undertakes to comply with the requirements for the design of advertisements when designing the posted content and to ensure that the content does not violate legal provisions (in particular copyright and trademark law as well as competition law provisions). The User undertakes in particular not to make accessible any criminally relevant content (e.g. insulting, defamatory, seditious or pornographic) or credit-damaging content.

The User is obliged to indemnify DRIVTO against any claims by third parties resulting from the breach of the aforementioned obligation upon first request and to reimburse DRIVTO for all further damages incurred as a result of the breach, in particular all reasonable costs of legal defense.

Data Protection

DRIVTO observes the statutory provisions on data protection. DRIVTO's data protection provisions can be found under Privacy Policy .

Final Provisions

The law of the Federal Republic of Germany shall apply to all legal relationships between the User and DRIVTO. The place of jurisdiction for all disputes arising between the User and DRIVTO is, to the extent legally permissible, Düsseldorf.

Should individual provisions of these GTC be or become ineffective, the effectiveness of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by the contracting parties by a provision that comes closest to the economically intended result of the User and DRIVTO. The same applies in the event of a regulatory gap.