Preamble
The following Terms of Use (or "Terms") apply between "Spreenovate GmbH" (hereinafter also referred to as "Spreenovate", "we", "us", "our", "ours") as operator and owner of the website www.retreaturlaub.de and the event provider (hereinafter also referred to as "user" or "your", "you").
These Terms of Use come into effect as soon as an event provider registers on our site and thereby accepts these Terms of Use.
In addition to the two contracting parties, this document also refers to the end customer (or "consumer" or "he", "him"). This refers to those persons who come to the website / platform via various channels to find out about events here and send booking requests.
General
Retreat Urlaub is a platform that aims to connect event providers from the areas of retreat, relaxation, creativity, yoga, sports, self-discovery, time-out and others with potential end customers or consumers. Event providers register with information and data about themselves and their events on the platform/website and make it available to Spreenovate. This information is not checked or controlled by Spreenovate. Spreenovate does not guarantee the accuracy of the statements and/or data provided by the users. User agrees that Spreenovate is not liable for the conduct (or failure to act) of users or end users. We may, in our sole discretion, amend or adjust such information provided by Event Providers as appropriate and highlight (within the Platform) promising profiles, courses, images, information as we see fit.
The provider provides sufficient information so that the end user can obtain comprehensive information and get a good picture of the actual event. All relevant information is stored in the system so that it can be displayed to the visitor. The provider refrains from providing links to other websites or e-mail addresses or telephone numbers in the text descriptions of the events. Furthermore, advertising for own or other websites or services are not allowed. Also contact data of other kind (e.g. complete written out address or the like) in the continuous text are to be omitted - these information can be deposited in the profile.
All information provided is intended to provide end customers with comprehensive information and to encourage them to make a booking request. The booking request is made either directly on the platform (e.g. by means of a form or another suitable form), by e-mail, chat or telephone. Each request is forwarded to the event provider in an adequate form (which Spreenovate specifies), which is then processed by the provider. It is a non-binding request for the end customer. Any booking agreements and/or contracts shall only be concluded subsequently. Spreenovate is not involved in the drafting and conclusion of the contract and is not part of such a contract. If an end customer decides to contact the provider by other means (e.g. telephone or direct mail), this is also considered as mediated contact in the sense of this contract..
Any interaction between users and end customers on our platform is at their own risk. Users agree that Spreenovate is not liable for any obligations or charges that may arise from the interaction between users (and/or customers).
Nevertheless, all users undertake to interact within the platform within the framework of decency and good manners. Spreenovate reserves the right to temporarily pause the Service for maintenance and does not guarantee uninterrupted availability, accessibility or faultlessness of the Platform. Spreenovate welcomes feedback regarding the Platform. If you submit ideas, suggestions, recommendations, or documents to us (collectively, "Feedback"), in any form (e.g., email, verbal), that may improve our website, you accept that Spreenovate has an irrevocable and perpetual right to use such Feedback and potentially incorporate it into our Services and Platform. We do not have to compensate you in any way for feedback under any circumstances. Spreenovate reserves the right to any compensation - at its sole discretion.
Confidentiality and restricted use of end-user information
The use of delivered customer information is limited to this agreement as well as resulting contracts for the purpose of booking an event. No part of the information may be reproduced or transmitted without prior written consent - neither electronically, as a photocopy, nor in any other form. Users are only entitled to use customer information provided exclusively for the conclusion of booking contracts..
Links to third party websites/services
There may be links to third party sites on our website. Spreenovate has no control over the content, terms of use, and privacy policies of these third party sites/services. If you access them, you do so at your own risk. We take no responsibility for the content of these websites/services and are not liable for any damages or losses incurred as a result of accessing/using these third party websites/services.
Information input on our website
Spreenovate is not obliged to verify the data. If we nevertheless/ however discover false, misleading or even fraudulent information in your profile, account or events, you will receive a request for immediate correction. We reserve the right to delete your profile immediately or at a later date. The creation of multiple profiles or accounts is not permitted. You agree not to upload false information, viruses or other malware, or harmful software to our site.
Rights to the content provided
In order to ensure the regular operation of the platform and the service, the user transfers to us the unrestricted rights of use to all textual information as well as to all files and other information that he provides to us by means of a form on the platform or off the platform. The user is in possession of the unrestricted rights of use and passes them on to us. He indemnifies Spreenovate against any claims of third parties that (may) arise from the use of this information or files..
The user is aware that his information will also be used on other platforms, e.g. social networks such as Facebook, Twitter, Instagram and others, for promotional reasons. These platforms have partly independent terms of use and expect certain rights of use on their part. The user agrees that his information and images may be used in these networks under the respective applicable terms of use.
Should the User delete his/her account and/or terminate his/her contract, any rights of use already granted shall remain with Spreenovate or its partner companies or the respective third party providers.
Newsletter
By registering, you agree to receive a newsletter with information relevant to you. You can unsubscribe at any time via an unsubscribe link (unsubscribe link will be included in the newsletter).
Personal data
The handling of personal data is defined in our privacy policy. By using our platform, you automatically agree to comply with our privacy policy.
References
The customer allows Spreenovate to use their logos and names as a reference on our platform and to third parties for the duration of the agreement (period of existence of a business relationship). The partner company has the right to revoke this permission at any time. For this purpose, please send your revocation in writing (by email to info@retraturlaub.de or by letter) to us.
Delete your profile / account
Spreenovate offers you the possibility to deactivate your profile. The deletion is possible directly on the platform. During the deletion, all stored personal data as well as all information about events will be completely removed, so that a renewed activation is no longer possible. If you are interested in our service again, you will have to create a new profile..
Commission agreement, payment and termination
The user is present on the platform with the aim of customer acquisition. For each successfully mediated individual booking, an individual commission of 20% of the actual final amount (including all taxes) paid by the end customer is due. The user is obligated to disclose mediations that have come about on his own initiative within 7 days. It does not matter whether the mediation came about via a form, an e-mail or a telephone call. The only thing that counts is that the end customer learned of the offer via the platform. For the disclosure / announcement of a booking Spreenovate will provide suitable channels or alternatively an e-mail address just for this purpose. Spreenovate has the right to ask both the end customer as well as the provider whether mediations came about. If Spreenovate finds out through this or any other way that a contact made through the platform resulted in a booking and the provider has failed to disclose this, the provider is obliged to pay a replacement commission of ten times (20x) the actual commission, but at least 500.00 euros.
The payment of the commission shall be made once a month. In case of individual invoicing between Spreenovate and the User, the invoice amount must be transferred within seven (7) days after the invoice date.
If Spreenovate inquires on its own initiative (by e-mail) whether a booking was made for a submitted inquiry and does not receive a response to this inquiry within 4 weeks, then this inquiry is considered firmly booked and thus subject to commission for the provider. Spreenovate provides suitable channels for the required feedback. This can be e.g. an e-mail or a form on the website. The provider is obliged to disclose all relevant data for the booking, in particular also the actual final booking price (including all taxes). Furthermore, he has to make sure that Spreenovate has all relevant information for invoicing (company name, address, tax number, etc.).
The Account and the associated agreements may be terminated by email (info@retreaturlaub.de) or by mail. The termination will be confirmed by an email from Spreenovate. All accesses will then be discontinued, the offers / advertisements will be deleted. The right to extraordinary termination remains. Spreenovate has the right to terminate fee-based agreements at any time without giving reasons for the termination. In this case, the contract will then expire at the end of the agreed term, but at the latest after 3 months.
"Free/Trial/Test" accesses ("free agreements"): free agreements can be terminated at any time without the need for justification - at Spreenovate's sole discretion and without notice period. Spreenovate is not liable in case of termination of the individual agreement or these Terms of Use, including in case of suspension of your Spreenovate account or deletion of your information/content.
Intellectual property
You accept that all technologies (code, software, systems, and others) on our platform are the property of Spreenovate. We have the sole and exclusive right to use these technologies. All names, slogans and logos found on Spreenovate are trademarked, either by Spreenovate or their owners. All information, content and materials on Spreenovate are copyrighted under German law and foreign law. You accept and warrant not to infringe any intellectual property rights in any way on our platform. If in your opinion you have noticed an infringement of intellectual property rights on our platform, please inform us by sending an email to info@retreaturlaub.de. We will review your request and take appropriate action if necessary.
Term of use
Your agreement to our Terms of Use shall remain in effect (unless individual agreements exist in this regard) for the entire term of the active account with Spreenovate, and/or your use of our platform/services. If Spreenovate has shared the provided information on other platforms (e.g. social networks), the rights of use of such information remain for the already existing use. Spreenovate is not permitted to use the data beyond the already existing (and non-revocable) use.
Disclaimer
Spreenovate is provided on an "as is" and "as available" basis. Spreenovate explicitly disclaims all warranties, express or implied, and similar stipulations of any kind, including but not limited to warranties of merchantability and fitness for a particular purpose. Under no circumstances, including negligence, shall Spreenovate be liable for any direct, indirect, incidental, special and/or consequential damages or any damages whatsoever resulting from the use of, or inability to use, our Platform. Spreenovate shall also not be liable for any damages caused by errors, omissions, interruptions, deletion of files, malfunctions, defects, delays or other failures of performance, whether or not such circumstances or events arise outside of our control. Under no circumstances, including negligence, shall Spreenovate or any of Spreenovate's affiliates or agents be liable for any damages arising out of the use (or inability to use) the Platform, even if Spreenovate has been advised of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, in which case those portions of the disclaimer will not apply to you. Spreenovate does not represent or endorse in any way the accuracy, timeliness or reliability of any facts, opinions, views, statements or recommendations or other information found on the Platform. You understand that you rely on these facts, opinions, views, statements or recommendations at your own risk. Under no circumstances will Spreenovate or affiliates be liable for any damages and/or losses arising from reliance thereon.
Release of Liability
You agree to indemnify and hold us (and our subsidiaries, affiliates, directors, officers and agents, and other partners and employees) harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Spreenovate or your breach of any provision of these Terms of Use or violation of any applicable law or agreement.
Limitation of liability
In no event will we be liable to you or any third party for any lost profits or indirect, consequential, punitive, incidental, special or other damages arising out of your use of Spreenovate, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in these Terms, you agree that, to the extent permitted by applicable law, our liability to you for any damages arising out of or related to your use of Spreenovate (for any reason whatsoever and without regard to the form of the action) shall at all times be limited to either (a) one hundred United States dollars (US$100), or (b) the sum of the amounts paid by the Affiliate to Spreenovate in the twelve (12) months preceding the date on which the claim arose.
Change in the terms of use
Spreenovate reserves the right to change the Terms of Use at any time. The changes will apply from the day they are published on Spreenovate. In case of a change of the terms of use, already existing users of Spreenovate will receive a message to the email address provided by them. Within two weeks after receipt of the message, the change of the terms of use can be objected to in writing. Otherwise, the change in the terms of use is considered accepted by the user and accepted.
Jurisdiction
All agreements between all parties (including Spreenovate and the user) are concluded in accordance with the laws of the Federal Republic of Germany. The place of jurisdiction for all disputes and other cases shall be Berlin, Federal Republic of Germany.
Final provisions
Unless otherwise expressly stated in any other agreement entered into, these Terms of Use constitute the entire agreement between the Users and Spreenovate regarding the use of the Services and the Platform. If one or more of the provisions of this Agreement is or becomes legally unenforceable, this shall not affect the validity of the remaining provisions. The failure to enforce or apply any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.