General Terms and Conditions for the Use of the Calaios Platform by Participants

Status: 23 October 2021

1 Scope of application

1.1 Calaios GmbH, Eupener Straße 165, 50933 Cologne ("Provider") operates via its website calaios.eu the digital brokerage platform Calaios ("Platform"). Interested customers can use the platform ("Participant") Online tours and events in the field of art, culture, nature and science ("Services") directly with the executing organisers ("Organiser") book.

1.2 These General Terms and Conditions for the use of the Platform by Participants ("Participant GTC") govern the contractual relationship between the provider and participants (together "Parties"), on the basis of which the participants may use the platform ("Contract").

1.3 The Participant acknowledges the validity of these Participant T&Cs as the exclusive contractual basis for the use of the Platform. Any conflicting general terms and conditions of the participant are excluded, even if the provider does not expressly object to them.

For clarification: Deviating, conflicting or supplementary general terms and conditions of the participant can only become part of the contract if and to the extent that the provider has expressly agreed to their validity in writing. These participant terms and conditions do not affect other existing contracts between the provider and the participant.

1.4 With regard to contracts for services that participants book with an organiser via the platform ("Subscriber contracts"), the provider acts exclusively as an intermediary. The exclusive contractual partner of the participants with regard to the participant contracts is the organiser.

1.5 The Provider does not save this contract text after conclusion of the contract. The participant GTC can be viewed at any time at calaios.eu/agb retrieved and stored by the participant.

2 Content and scope of services

2.1 From the conclusion of the contract and during the term of this contract, the Provider offers the Participant the free use of the functional scope of the Platform as it is available on the website at the time of the submission of the application for registration (as described in section 3.1). calaios.eu in accordance with these participant terms and conditions.

2.2 The Platform enables Participants to obtain information about services and to book services with the Organisers and to cancel them in accordance with the Cancellation Conditions in the version valid at the time of cancellation (available at calaios.eu/faq) to cancel. In the case of booking a service, the provider mediates the declarations of intent for the conclusion of corresponding participant contracts between the organiser and the participant. The performance of the service concerned and other rights and obligations of the participant in relation to the service are governed by the provisions of the respective participant contract.

2.3 If a Participant books a service with an Organiser via the Platform and concludes a corresponding Participant Contract with the Organiser, the Provider shall transmit an authorisation code to the Participant before the start of the service, e.g. as an automatically generated link to an online event room of a third-party provider for participation in the service ("Authorisation code").

2.4 For the full use of the Platform, Participants must register and create a user account ("Participant account"). Registration and setting up a participant account are free of charge.

2.5 Some contents of the platform are also accessible without registration. If participants access this content as registered, logged-in participants, these Participant T&Cs also apply to such freely accessible content.

2.6 The connection to the internet, the maintenance of the network connection as well as the procurement and provision of the hardware and software required for the use of the platform is not the subject of these participant GTC. In order to be able to use the platform, participants must therefore provide Internet access and all technical devices required for this on their own responsibility and bear the fees incurred in this connection themselves.

3 Conclusion of contract; registration, participant account

The contract on the registration on the platform and the creation of a participant account is concluded as follows:

3.1 The Participant makes a binding offer to register on the Platform and to set up a Participant Account by registering on the Platform under calaios.eu/profile provides all the information marked as required for registration, a valid e-mail address and a password corresponding to the requirements specified therein ("Login data") and click on the "Register" button ("Application for registration"). Until clicking on the "Register" button, the participant can cancel the registration process at any time or change the information provided by deleting, adding or correcting the information provided in the various fields or by closing his/her web browser or tab. After completing the registration process, the participant can change the information provided in the participant account at any time.

3.2 The contract between the Provider and the Participant shall be concluded by the Provider sending a confirmation of registration to the e-mail address provided by the Participant in the application for registration without undue delay after receipt of the application for registration ("Confirmation e-mail"). This confirmation email constitutes the acceptance of the application for registration ("Conclusion of contract") and contains an activation link with which the participant can activate the participant account. The activation of the participant account represents the completion of the registration process and is mandatory for this purpose.

4 Use of the Participant Account; Obligations of the Participant

4.1 All information provided by the Participant must be complete, accurate and truthful. The Participant shall keep all information in the Participant Account up to date.

4.2 The participant account is a personal user account and therefore non-transferable. Unless otherwise agreed with the Provider, the Participant is not entitled to transfer the Participant Account to third parties or to make the login data available to third parties.

4.3 The login data must be treated confidentially by the participants. Participants are obliged to inform the Provider immediately if they have reason to suspect that their password has been disclosed to unauthorised third parties or third parties have gained unauthorised knowledge of it in any other way.

5 Right of use

5.1 The Provider grants the Participant a non-exclusive (simple), non-transferable, non-sublicensable, spatially unrestricted right, limited to the term of this Agreement, to use the Platform and the content contained on the Platform in accordance with these Participant T&Cs and the contractual purposes regulated herein and to store and display it to the extent necessary for the intended and contractual use. All rights not expressly granted, in particular the rights to edit, distribute, make publicly available and/or otherwise exploit the platform and its contents, shall remain reserved to the provider. The provisions of Sections 69d, 69e UrhG shall remain unaffected.

5.2 Components of the platform which are recognisably subject to third party rights and in particular open source licences for the participant are excluded from the granting of rights. In particular, components that are disclosed by the provider within the portal as third-party content are deemed to be recognisable.

6 Warranty

The participant account and the platform are provided to the participant free of charge. The provider therefore only provides a warranty in accordance with the statutory provisions for fraudulent concealment of a defect or error.

7 Liability

The participant account and the platform are provided to the participant free of charge. The provider is therefore only liable for intent and gross negligence in accordance with the statutory provisions.

8 Term; Termination; Blocking

8.1 Term and termination

8.1.1 The contract concluded between the parties shall run for an indefinite period.

8.1.2 The participant has the option to terminate this contract at any time without notice by deleting the participant's account. For the Provider, a notice period of one week applies for the ordinary termination.

8.1.3 The statutory right to extraordinary termination without notice for good cause remains unaffected.

8.1.4 The parties agree that there is good cause for the Provider to terminate the contract in particular in the following cases:

  • The participant seriously or repeatedly violates the provisions of these participant GTC despite a warning.
  • The participant violates these participant GTC in a way that is likely to disrupt the use of the platform by other users more than insignificantly.
  • The participant infringes the rights of third parties in the course of using the platform.

8.2 Locking

8.2.1 Instead of termination, the Provider may, in the event of justified suspicion of a breach of these Participant T&Cs or misuse of the Platform, for example in the event of unauthorised use of the Participant Account by a third party, temporarily block the use of the Platform by the Participant at its reasonable discretion or temporarily exclude the Participant from individual functionalities of the Platform.

8.2.2 The Provider is furthermore entitled to temporarily block the Participant's access to the Platform if (i) the blocking is necessary for technical reasons, or (ii) the Provider is obliged to block the Participant by law, by a court or by the authorities.

8.2.3 The Provider shall notify the Participant of any blocking, including the reasons for it, at least one working day before the blocking takes effect, at least in text form, and allow the Participant to comment on the blocking, insofar as the notification and/or waiting for the comment is reasonable, taking into account the interests of both parties, and is compatible with the purpose of the blocking. The provider shall unblock the participant's use of the platform (and all functionalities) if the reason for the blocking has ceased to exist.

9 Changes to the participant GTC

9.1 The Provider may amend and adapt these Subscriber T&Cs with effect for the future if there is a valid reason for the amendment and insofar as the amendments are reasonable taking into account the interests of both contracting parties.

9.2 Good cause shall be deemed to exist in particular if the changes are necessary to a not insignificant extent due to a disruption of the equivalence relationship of the contract that was unforeseeable for the Provider at the time of the conclusion of the contract or if they are necessary for the further performance of the contract due to changes in case law or legislation.

9.3 The amendment of a main performance obligation is excluded.

9.4 The Provider shall send the Participant the amended Terms and Conditions in text form at least eight weeks before the planned entry into force and shall separately refer to the new provisions and the date of entry into force. At the same time, the Provider shall grant the Participant a reasonable period of at least eight weeks to declare whether the Participant accepts the amended Terms and Conditions for the further use of the Service.

9.5 If no declaration is made by the participant within this period, which begins to run from receipt of the message in text form, the amended terms and conditions shall be deemed to have been agreed.

9.6 The Provider shall separately inform the Participant of this legal consequence, i.e. the right to object, the objection period and the significance of silence, at the beginning of the period.

10 Final provisions

10.1 Choice of law. These Terms of Use are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the participant is a consumer and has no fixed abode in Germany, this shall apply with the proviso that mandatory provisions of the law of the state in which the participant has his or her habitual abode shall continue to apply insofar as they provide otherwise.

10.2 Language. The contractual language is German.

10.3 Jurisdiction. With respect to (i) participants who are merchants or a legal entity under public law, (ii) participants who have no fixed abode in Germany at the time of conclusion of the contract or who move their fixed abode abroad after conclusion of the contract, and (iii) participants whose habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction and performance shall be the registered office of the Provider. Otherwise, the place of jurisdiction shall be determined in accordance with the general rules.

10.4 Mandatory information on consumer dispute resolution. The European Commission provides under http://ec.europa.eu/consumers/odr/ provides a platform for online dispute resolution (OS). The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.