Terms and Conditions
Overview
Instroduction
§ 1 Introduction
§ 2 Scope of application, exclusion of third-party T&C, amendment of the T&C
Conditions for participants (users)
§ 3 Use, prices, booking/registration, payment, cancellation, misuse, data processing
§ 4 Liability
Conditions for retreat Instructors (providers)
§ 5 Registration, activation, use, price changes and price fixing
§ 6 Booking, Cancellation
§ 7 Prohibition of Circumvention and Contractual Penalty
§ 8 Fees, commission and changes
§ 9 Allocation of roles, availability, delimitation of responsibilities
Conditions for house offerers
§ 10 Use, registration, activation, responsibility and obligations
§ 11 Booking requests
§ 12 Fees and changes
§ 13 Liability for information and availability
General conditions
§ 14 Claims for defects and limitation of liability
§ 15 Rights of use to the software, storage space
§ 16 Rights to the database
§ 17 Other rights/obligations, data protection, evaluations
§ 18 Termination
§ 19 Final provisions
Our mission
Our mission at RetreatPartner is to provide the German-speaking community with a digital platform and a home. As a neutral partner, we strive to give all reputable offers in the fields of bodywork, personal development, self-discovery and spirituality a basis to increase their reach, become better known and create a meeting place for exchange and knowledge transfer. We are firmly convinced that your offers will enrich the lives of many people. With our technical know-how and in-depth marketing knowledge, we would like to present you and RetreatPartner to a wide audience.
§ 1 Introduction
1.1 Retreat-Partner Probst, Bauersachs & Bauer Gbr, Schloßberg 18, 96126 Maroldsweisach, Germany, operates the online platform of the website www.retreatpartner.de (hereinafter referred to as “RetreatPartner”).
1.2 RetreatPartner can be used to search for, book (“booking”) and pay online for various leisure and travel services (hereinafter “offer”). The leisure offer is carried out by the respective partner company (“Provider”) on its own responsibility, in its own name and for its own account. RetreatPartner essentially supports the provider in presenting the offer to users in a clear and attractive manner and in processing bookings. RetreatPartner does not offer any offers, does not provide any such services and does not support the provider in the fulfillment of the usage/service contract between provider and user.
1.3 The following terms have the meaning assigned to them below in these Terms of Use/T&C:
The term “User” describes those persons (in particular consumers) who visit the website www.RetreatPartner.de and view and possibly book offers.
The term “Provider” describes the natural or legal person who has concluded a contract with RetreatPartner to use the services by registering as a seminar leader or seminar house.
The term “Dashboard” describes the functions of the software that are available to providers after personal login. This is where the provider's profile is created, changed and events are created. The names and data of registered users also appear here.
1.4 The subject of these T&C is the use of the RetreatPartner platform, in particular the booking of the offer by the user.
1.5 Personal data (of the provider, its customers and its employees) within the meaning of the Data Protection Act (in particular telephone number, address, e-mail address, other content data, etc.) are processed in accordance with the data protection declaration. This can be accessed at www.RetreatPartner.de in the footer under data protection.
1.6 The legal relationship between RetreatPartner and the Provider is explained in the additional General Terms and Conditions for House Providers and Seminar Leaders. These also include, among other things, the obligations of the provider towards the user.
§ 2 Scope of Application, Exclusion of Third-Party Terms and Conditions, and Amendment of the Terms and Conditions
2.1 Scope of application. These T&C apply exclusively to all legal relationships between RetreatPartner and the user. These can be found on the home page of the RetreatPartner website (in the footer) and/or in the legal notice. The T&C also apply to all future transactions between RetreatPartner and the user, even if no express reference is made to them in individual cases. The current version of the T&C at the time of the conclusion of the respective contract or subsequent transaction shall always apply. The provider has the option of setting its own T&C and other terms of use for the event and makes these available to the user in the registration form on RetreatPartner. RetreatPartner is not required to check compliance with or the legal validity of the provider's T&C.
2.2 Changes, special right of termination. RetreatPartner may make changes to the T&C at any time unilaterally by means of digital notification (without signature).
Conditions for participants (users)
§ 3 Use, prices, booking/registration, payment, cancellation, misuse and data processing
3.1 Use of the RetreatPartner platform is free of charge for the User.
3.2 Prices of the Provider. The prices stated on the RetreatPartner platform for the offer are final prices and include in particular the statutory value added tax. They originate exclusively from the provider. RetreatPartner accepts no liability for this information.
3.3 Booking/registration. The User can make a booking via the RetreatPartner platform. RetreatPartner acts exclusively as a representative of the Provider by accepting a booking from the User on behalf of and in the name of the Provider and confirming it by e-mail. The user's booking is only legally effective upon receipt of a corresponding booking confirmation from RetreatPartner. However, RetreatPartner accepts no liability for the receipt of an e-mail by the user. The user registers for the provider's events via an online form in which the user enters the required data (in particular first and last name, email address, telephone number, means of payment). The data entered is transmitted to the provider as participant registration. The user may only register for events on the RetreatPartner platform in their own name and must be at least 16 years old. If the registration is not completed in full (e.g. because a mandatory field is not filled in or the T&C are not accepted or the privacy policy is not taken note of), no contract is concluded between the user and the provider.
3.4 Payment. The price displayed by the Provider via the RetreatPartner platform represents the total price including taxes for the User. The contracting parties, providers and users themselves are responsible for paying the total price. RetreatPartner is no longer a party to the contract after the booking has been completed.
3.5 Cancellation. With the completion of a booking, RetreatPartner grants both the user and the provider a withdrawal period of 72 hours from the time of booking. Within this period, the booking can be canceled by either party free of charge and without stating any reasons.
After the 72 hours have passed, only the cancellation policies set by the respective provider for the booked offer apply. These are always visible to the user before completing the booking. A cancellation outside of these conditions is only possible with the explicit consent of the respective provider.
3.6 Rechtswidrige Datenverarbeitung. Auf der RetreatPartner-Plattform dürfen keine rufschädigenden, beleidigenden oder sonst in irgendeiner Weise rechtswidrigen oder bedenklichen Mitteilungen oder Daten (insbesondere im Zusammenhang mit jeder Art der Pornografie, der Gewaltandrohung oder -Verherrlichung sowie des politischen oder religiösen Extremismus, Viren, Spyware, Trojaner etc) eingestellt werden. Auch das Einstellen von sensiblen Daten (Daten natürlicher Personen über ihre rassische und ethnische Herkunft, politische Meinung, Gewerkschaftszugehörigkeit, religiöse oder philosophische Überzeugung) und gesundheitsbezogenen Daten ist untersagt. Die Nutzer verpflichten sich, personenbezogene Daten nur mit ausdrücklichem Einverständnis der betroffenen Person auf der RetreatPartner-Plattform zu verarbeiten.
§ 4 Liability
4.1 Contractual partner for the offer. The contract for the use of the respective offer is concluded exclusively between the booking user and the offering provider. All claims and obligations arising from this contract exist directly and exclusively between the user and the provider. In this respect, RetreatPartner also assumes no liability in the event that the provider has not accepted bookings or entered them in its booking system.
4.2 Due to the nature of software or online applications, RetreatPartner cannot guarantee the continuous and uninterrupted availability and accessibility of the RetreatPartner platform. RetreatPartner may restrict the availability of the RetreatPartner platform or certain areas or functions at any time if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out maintenance measures that ensure the proper or improved functioning of the RetreatPartner platform. RetreatPartner may make changes, enhancements or restrictions to the RetreatPartner Platform from time to time.
4.3 Liability. Otherwise, RetreatPartner is only liable for breaches of duty if RetreatPartner can be accused of intentional or grossly negligent behavior on the part of its vicarious agents or legal representatives in accordance with the statutory provisions. RetreatPartner is only liable for slight negligence in the case of damage resulting from injury to life, limb or health. Liability for consequential damages including loss of earnings and loss of profit is excluded in any case. Furthermore, RetreatPartner is only liable, if at all, for foreseeable damages, the occurrence of which must typically be expected.
Conditions for seminar leaders (providers)
§ 5 Registration, activation, use, price changes and price fixing
5.1 Registration, obligation to update. Providers register on retreatpartner.de by providing personal information and agreeing to the GTCs. The provider's offers, service descriptions, prices, images, addresses and other relevant information entered in the dashboard are included and displayed on RetreatPartner.de. The provider undertakes to regularly check and update the information entered (in particular available places).
5.2 Activation. The activation of the provider profile on RetreatPartner.de is carried out by RetreatPartner after all the required information of the provider has been provided and RetreatPartner has checked the seriousness of the provider. RetreatPartner reserves the right to exclude unsuitable providers from the platform without giving reasons. Only after the provider profile has been activated can RetreatPartner activate the provider's offer for booking by users. All offers placed in the dashboard by the provider will be offered online for booking via the RetreatPartner platform after active publication by the provider.
5.3 Responsibility. All data and information that the provider can enter in the dashboard and store for publication must be entered, maintained and updated by the provider. RetreatPartner is not obliged to check the data transmitted or entered by the provider. The risk of incorrect data transmission lies with the provider. Furthermore, the provider may not publish any personal data such as e-mail addresses, telephone numbers, postal addresses or other personal contact data in publicly accessible areas of the website. This includes, but is not limited to, comments, forum posts, profile information and other content generated by the provider. This prohibition serves to protect the privacy and security of all users.
5.4 Incorrect information. The provider acknowledges that misleading and/or incorrect information provided by the provider, such as on the facilities, location or name of the offer, may result in claims for damages. The provider indemnifies RetreatPartner on first demand from all claims of third parties resulting from information which the provider has transmitted to RetreatPartner or entered in the dashboard. If the Provider does not immediately correct incorrect/misleading information despite being requested to do so by RetreatPartner, RetreatPartner is entitled to remove all incorrect/misleading information or, if necessary, to take the entire Provider profile offline until the Provider has made the correction.
5.5 No identity verification. The Provider further acknowledges that RetreatPartner does not verify the identity and age of the User.
5.6 Operational disruptions. Planned conversion work during ongoing operation of the Provider as well as changes of owner, lessee, tenant or proprietor or the application for the opening of bankruptcy, insolvency or composition proceedings must be reported to RetreatPartner immediately.
5.7 Price changes. The provider itself must make any desired price changes in the dashboard. The price changes have no influence on offers already booked before the price change is published and contracts concluded in this respect. The provider must fulfill the concluded contract at the previous price.
5.8 Price maintenance. The provider undertakes to offer his offers on the RetreatPartner platform at prices which, including all fees, commissions and other surcharges, are not higher than offers for the same services on other online platforms or the provider's own website (best price guarantee). This applies for the entire period in which the offer is listed on retreatpartner.de.
5.9 RetreatPartner reserves the right to regularly check the pricing of the services offered on the platform. If a violation of the price fixing is detected, the provider must immediately adjust the price on retreatpartner.de and may additionally be subject to sanctions in accordance with the platform's established guidelines, which may range from warnings to temporary or permanent blocking of the provider's account.
§ 6 Booking and cancellation
6.1 Booking. Requests submitted via RetreatPartner shall constitute binding bookings between end customers and providers, unless a cancellation is made within the defined 72-hour withdrawal period. All bookings and cancellations made through RetreatPartner.de will be communicated to the provider via the dashboard and/or automatically by email. The provider acknowledges and agrees that RetreatPartner is entitled to confirm user bookings automatically upon expiry of the withdrawal period, without the need for any further action by the provider.
6.2 Non-appearance. In order to avoid unwanted conflicts in the event of the User's late arrival without prior notice, the Provider must always keep the booked offer available until the end of the booked date, unless the Provider has been informed in advance that the User will not be able to attend the appointment.
6.3 The provider is obliged to inform RetreatPartner of cancellations or withdrawals within 7 days. This must be done via the provider dashboard or by email.
6.4 In case of ambiguities or doubts, RetreatPartner may request the provider to provide proof of the cancellation (e.g., cancellation email from the end customer).
6.5 If no timely notification is received, the booking shall be deemed confirmed, and the commission shall become due.
6.6 Cancellation by participants. For cancellations by participants after expiry of the withdrawal period, only the provider’s terms and conditions shall apply. If the provider grants participants the right to cancel free of charge or subject to a fee, this must be clearly specified in the respective offer. The provider is also obligated to comply with the cancellation rights set forth in its terms and conditions vis-à-vis RetreatPartner.
6.7 Cancellation by the provider. The provider undertakes to deliver the offers listed on RetreatPartner.de in accordance with the service description and the specified date. RetreatPartner recommends always considering the possibility of rescheduling before proceeding with a cancellation. If it becomes apparent to the provider that they are unable to deliver the offered service, they must immediately cancel the offer and refund any payments already received from participants.
As long as there are no bookings for the offer, the service description and dates can be changed or the entire offer can be canceled.
§ 7 Prohibition of Circumvention and Contractual Penalty
7.1 Providers are not permitted to encourage end customers to make bookings outside the platform or to deliberately fail to report mediated bookings in order to avoid commissions.
7.2 In case of suspected circumvention, RetreatPartner may contact the end customer to clarify the situation.
7.3 If it is proven that a mediated booking was deliberately not reported, a contractual penalty equal to twice the commission amount, but at least EUR 400, shall be payable.
7.4 In addition, RetreatPartner may suspend the provider’s account and initiate legal action.
§ 8 Remuneration, commission, payment conditions and changes
8.1 Use of and registration with RetreatPartner.de is free of charge. A commission is charged as payment for successfully brokered offers.
8.2 Definition of the commission. The commission is calculated on the basis of the net proceeds (excluding VAT and other charges) of the offers (retreats/seminars/etc.) successfully brokered via the RetreatPartner.de platform. The maximum commission rate is 15% of the gross price. The exact commission rate may vary depending on the provider due to vouchers, promotions or individual contracts.
8.3 The deposit received will be retained by RetreatPartner in order to offset the commission for the mediation service against the deposit.
8.4 The payment of this difference will be made within 30 days after successful completion of the offer. RetreatPartner will transfer the amount to the bank account specified by the provider.
8.5 RetreatPartner is not responsible for delays in payment caused by insufficient or incorrect bank information on the part of the provider. It is the responsibility of the provider to provide correct and complete bank details and to update these if necessary.
8.6 All registered Providers will be notified of changes to the commission rates or the conditions of advance payments at least 30 days before they come into effect. These changes will be made in writing or via the email addresses of the providers registered on RetreatPartner.
8.7 Changes only apply to new offers that are placed on the platform after the amended conditions come into force. For offers already booked, the commission conditions agreed at the time of booking apply.
§ 9 Allocation of roles, availability, delimitation of responsibilities
9.1 Service contract between provider and user. The contract for the respective offer booked via the RetreatPartner platform is concluded exclusively between the user (participant) booking the offer and the provider (seminar leader). The provider is solely responsible for compliance with the relevant laws. RetreatPartner is entitled to transmit the necessary data to the contracting parties (see privacy policy). The role of RetreatPartner is exclusively to conclude service contracts for the respective offers with the user in the name and for the account of the provider. RetreatPartner is in no way liable for the behavior of the user when using the offer. It is the sole responsibility of the provider to assert all claims arising from the contract with the user directly against the user. The provider alone is responsible for the fulfillment of the resulting obligations. If the user nevertheless asserts claims against RetreatPartner instead of the provider, the provider shall indemnify RetreatPartner against all claims of the user due to any breaches of duty by the provider, bear the necessary and reasonable costs of legal defense and make appropriate payments on account.
9.2 Liability for information. RetreatPartner also assumes no liability for the accuracy and completeness of the information provided on the RetreatPartner platform by the provider itself on its own responsibility (in particular prices and available times/course times for the offer) or for the incorrect or incomplete transfer of data (data migration of customer, course, product data). The provider is obliged to check the latter.
9.3 Malfunctions. Adjustments, changes and additions to RetreatPartner.de as well as measures that serve to identify and rectify malfunctions may occur and be initiated by RetreatPartner. By agreeing to these conditions, RetreatPartner accepts no liability for the resulting consequences.
9.4 Force majeure. If the disruption of RetreatPartner.de or any other claim is based on force majeure (e.g. power failure for which RetreatPartner is not responsible, hacker attacks), RetreatPartner is not liable for the resulting consequences.
Conditions for house offerers
§ 10 Use, registration, activation, responsibility and obligations
10.1 Use of the platform. House providers use RetreatPartner.de to advertise their seminar house, vacation home or hotel and to present it attractively online in order to receive booking requests from RetreatPartner.
10.2 Registration, obligation to update. House Offerer register on retreatpartner.de by providing personal information and agreeing to the T&Cs. The House Offerer's offers, service descriptions, prices, images, addresses and other relevant information entered in the dashboard are included and displayed on RetreatPartner.de. The House Offerer undertakes to regularly check and update the information entered (in particular available places, size of seminar room).
10.3 Activation. The activation of the House Offerer profile on RetreatPartner.de is carried out by RetreatPartner after all the necessary information has been provided by the House Offerer and RetreatPartner has checked the seriousness of the House Offerer. RetreatPartner reserves the right to exclude unsuitable home providers from the platform without giving reasons.
10.4 Responsibility. All data and information that the House Offerer can enter in the dashboard and store for publication must be entered, maintained and updated by the House Offerer. RetreatPartner is not obliged to check the data transmitted or entered by the House Offerer. The risk of incorrect data transmission lies with the House Supplier.
10.5 Incorrect information. The House Offerer acknowledges that misleading and/or incorrect information provided by the House Offerer, such as information on the facilities, location or description of the offer, may result in claims for damages. The House Offerer indemnifies RetreatPartner on first demand from all claims of third parties resulting from information which he has transmitted to RetreatPartner or entered in the dashboard. If the House Offerer does not immediately correct incorrect/misleading information despite being requested to do so by RetreatPartner, RetreatPartner is entitled to remove all incorrect/misleading information or, if necessary, to take the entire House Offerer profile offline until the House Offerer has made the correction.
10.6 No identity verification. The House Offerer further acknowledges that RetreatPartner does not verify the identity and age of the User.
§ 11 Booking requests
Booking requests on the RetreatPartner platform are forwarded to the House Offerer as a request. All inquiries are sent to the House Offerer directly via the dashboard and/or automatically by email. The House Offerer is reliable, prompt and regular in responding to booking requests.
§ 12 Fees and changes
12.1 Use of and registration with RetreatPartner.de is free of charge. No fees are currently charged for House Offerer.
12.2 All registered House Offerer will be notified of changes to the terms and conditions of payment at least 30 days before they come into effect. These changes will be made in writing or via the email addresses of the House Offerers registered on RetreatPartner. If fees are charged, the House Offerers must actively agree.
§ 13 Liability for information and availability
13.1 Liability for information. RetreatPartner also assumes no liability for the accuracy and completeness of the information provided on the RetreatPartner platform by the Home Provider itself on its own responsibility (in particular prices and available times/course times for the offer) or for the incorrect or incomplete transfer of data (data migration of customer, course and product data). With regard to the latter, the in-house provider is obliged to carry out checks.
13.2 Malfunctions. Adjustments, changes and additions to RetreatPartner.de as well as measures that serve to identify and rectify malfunctions may occur and be initiated by RetreatPartner. By agreeing to these terms and conditions, RetreatPartner accepts no liability for the resulting consequences.
13.3 Force majeure. If the disruption of RetreatPartner.de or any other claim is based on force majeure (e.g. power failure for which RetreatPartner is not responsible, hacker attacks), RetreatPartner shall not be liable for the resulting consequences.
General conditions
§ 14 Claims for defects and limitation of liability
14.1 To the extent permitted by law, RetreatPartner is not liable for any direct, indirect, incidental, special or consequential damages arising out of your use of the Platform.
14.2 Claims for defects are excluded unless they were caused at least by gross negligence or willful misconduct.
§ 15 Rights of use to the software and storage space
15.1 Right of use. RetreatPartner grants the Provider the non-exclusive and non-transferable right to use the software provided for use as intended for the duration of the contract.
15.2 Editing, duplication. The Provider may only edit and reproduce the software to the extent that this is necessary and covered by the intended use of the software in accordance with the current service description. Necessary duplication includes loading the software into the working memory, but not even temporary installation or storage of the software on data carriers (such as hard disks or similar) of the hardware used by the Provider.
15.3 Transfer to third parties. The Provider is not entitled to make the software available to third parties for use, whether for a fee or free of charge. In particular, the provider is prohibited from subletting the software. The Provider undertakes to structure any contractual relationships with third parties in such a way that the free use of the software by the third party is excluded.
15.4 Protection. The Provider is obliged to take suitable precautions to prevent unauthorized access by third parties to the protected areas of the software. To this end, the Provider shall instruct its employees to comply with copyright law. In particular, the provider shall inform its employees that the reproduction of the software is strictly prohibited.
15.5 Storage space granted. The provider is not authorized to transfer the storage space granted to him by RetreatPartner to third parties for use, in part or in full, for a fee or free of charge. The provider undertakes not to store any content on the storage space whose provision, publication and use violates applicable law, official requirements or agreements with third parties. The provider is obliged to check its data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
§ 16 Rights to the database
16.1 RetreatPartner is the legal owner of the contents of the website and the database. All copyrights, trademark rights and other property rights to the database work, the database and the content, data and other elements posted here belong exclusively to RetreatPartner; any rights of the user to the content posted by him remain unaffected by this.
16.2 Within the scope of these Terms of Use, the User has the right to make individual data records visible on his screen exclusively by using the online search masks provided by RetreatPartner and to produce a printout for permanent visualization. Automated queries using scripts, bypassing the search mask, using search software or comparable measures are not permitted.
16.3 The user may not use the data obtained through queries, either in full, in part or in excerpts, to create its own database in any media form and/or for commercial data utilization or the provision of information and/or for any other commercial utilization. The linking, integration or other connection of the database or individual elements of the database with other databases or meta-databases is not permitted.
§ 17 Other rights/obligations, data protection, ratings
17.1 RetreatPartner rights. RetreatPartner is entitled to use photos, graphics, brands and logos and otherwise copyrighted works of the provider (which the provider has used or made available in the external presentation) in the RetreatPartner system (in particular for the public presentation of the provider) and for its own sales and marketing purposes in connection with this, such as advertising or online measures (meta tags or keyword advertising) free of charge. Any revocation of this consent does not apply to any commercials or other information and advertising material produced. RetreatPartner is not obliged to coordinate any advertising measures with the provider beforehand. RetreatPartner is entitled but not obliged to mention the name of the provider. The provider guarantees that this material is free of third-party rights which exclude or restrict unrestricted use by RetreatPartner for the contractually intended purposes. RetreatPartner is entitled to translate the information provided by the provider into other languages, to shorten it (in particular the name of the provider) or to adapt it to the standard maintained by RetreatPartner (in particular editing, rejection of photos if necessary).
17.2 Provider rights. The provider is entitled to indicate in his brochures and other publications as well as on his homepage that he offers and is represented on RetreatPartner.de. For this purpose, the Provider is also entitled to use the Provider's logos provided for this purpose on the RetreatPartner platform (retreatpartner.de) free of charge.
17.3 Data protection. Personal data (of the Provider, its customers and its employees) within the meaning of the Data Protection Act (in particular telephone number, address, e-mail address, other content data, etc.) are processed in accordance with the data protection declaration. This is available at www.RetreatPartner.de/datenschutz.
§ 18 Termination
We reserve the right, in our sole discretion, to terminate or suspend the account and access to the Platform with or without notice for any reason, including breach of these Terms or improper conduct.
§ 19 Final provisions
19.1 Prohibition of assignment. The assignment of claims and other claims against RetreatPartner is prohibited.
19.2 Prohibition of offsetting. The provider is only entitled to unilateral offsetting if his claim has been recognized or established by a court.
19.3 Receipt of declarations. Declarations are deemed to have been received if they have been sent to the last known address or e-mail address.
19.4 Place of jurisdiction. The business relationship is subject to German law. The place of jurisdiction is Haßfurt, unless a different place of jurisdiction is prescribed by law.
19.5 The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to settle their disputes.
We are prepared to settle disputes with consumers before a consumer arbitration board.
19.6 Other or supplementary agreements between the Provider and RetreatPartner are only valid if they have been agreed in writing.