Terms of Service for Organizers and Service Providers
DRIVTO GmbH
Cantadorstr. 18
40211 Düsseldorf
– hereinafter referred to as "DRIVTO" –
Preamble
- DRIVTO is a limited liability company (Gesellschaft mit beschränkter Haftung) based in Düsseldorf and registered in the commercial register of the Düsseldorf District Court under HRB 106141. DRIVTO provides a platform in the form of an app and website. On this platform, third parties can list and offer events or services. DRIVTO also has the option to list and offer its own events or services. The purpose of the platform is, in particular, to provide the platform for offering events by professional organizers and service providers. Through the web-based platform provided by DRIVTO and accessible at drivto.com and the corresponding app, participation in events as well as various services in the automotive sector are offered in exchange for a one-time or monthly fee.
- The contracting partners are commercial organizers or service providers (hereinafter referred to as "User").
- DRIVTO currently has more than 1,500 users and thus reaches potential buyers of the respective events or services (hereinafter referred to as "Customer(s)").
- The User intends to list and offer their events/services on the platform in order to provide Customers with the opportunity to book the event/service.
- By registering their user account, the User agrees to accept the following terms and conditions. The usage agreement is concluded solely on the basis of the following terms and conditions. In all other respects, the DRIVTO Terms of Service apply, available at https://drivto.com/tos
§ 1 – Services
- DRIVTO's service consists of providing the web-based platform for listing and offering events.
- DRIVTO offers the User the opportunity to commercially list events within the framework of the usage agreement.
- DRIVTO is not obligated to provide any additional services. DRIVTO expressly does not guarantee the successful conclusion of a booking.
§ 2 – Listing Events
- The User first creates an account by registering at www.drivto.com (hereinafter referred to as "User Account").
- The User Account enables the User to independently list events or services on the web-based platform. The User is solely and exclusively responsible for all content related to the listed event or service. This applies in particular to the description and pricing.
- When listing an event, the User can choose between two possible booking options on the platform.
- Option 1 is the direct booking option. This allows the Customer to book and pay for the event directly.
- Option 2 is the booking request option. In this case, the Customer submits a request by providing their data, which must be confirmed by the organizer.
§ 3 – Conclusion of Contract
- In the event of a booking, the contract is concluded directly between the User and the booking Customer under both options specified in § 2 paragraph 3. DRIVTO is not a party to this contract. The User must expressly inform the Customer in the description of the event/service that the User is the sole contracting party.
- It is the sole responsibility of the User to inform the Customer about the applicable booking and event conditions as well as about their right of withdrawal. This notification is typically provided by a notice in the event description.
- The User is free to use their own General Terms and Conditions as the basis of the contract with the Customer. The effective incorporation thereof is the sole responsibility of the User.
§ 4 – Commission
- For each completed booking by a Customer, DRIVTO receives a one-time usage fee of EUR 5.00 from the User.
- In addition, DRIVTO receives an additional payment of 5% of the respective ticket price from the User for each completed booking.
- The fee specified in § 4 paragraph 1 is non-refundable in the event of a cancellation by the Customer, as the use of the platform has already taken place. The fee specified in § 4 paragraph 2 will be refunded in the event of a cancellation by the Customer.
- The disbursement of fees is made in accordance with the payment terms defined in § 5.
§ 5 – Payment Terms and Processing
- The parties agree that all payment processing shall be carried out exclusively through the payment service provider STRIPE. This applies to both payments from Customers for completed bookings and the fees agreed upon under § 4 payable to DRIVTO.
- In the course of creating the User Account, the User will also create a customer account with the payment service provider STRIPE or link an existing account to the User Account. The Terms and Conditions of the payment service provider STRIPE are hereby expressly accepted again by both parties.
- After a booking is completed, the Customer will make the payment via the payment service provider STRIPE. STRIPE will disburse the corresponding amount to the User's STRIPE customer account after deducting its own transaction fee in accordance with the STRIPE Terms and Conditions and after deducting the fees specified in § 4.
- The disbursement of revenues from the STRIPE customer account is made on a monthly basis.
- The User is liable for the completeness of fee payments pursuant to § 4 and must verify the corresponding transaction after it has been credited to the STRIPE customer account. Separate invoicing by DRIVTO is not required.
- The User receives from STRIPE a corresponding receipt of the transaction fee paid and the fee payment made pursuant to § 4.
- DRIVTO may, upon request, inspect the concluded contracts. Should inspection not be permissible in individual cases for legal reasons, the User must disclose, in redacted form, at least those passages of any contracts or similar documents from which the generated product revenues can be derived.
§ 6 – Confidentiality and Data Protection
- The parties shall treat all confidential matters, confidential information, and internal business processes of the respective other party that have become known to them in connection with the performance of this agreement as strictly confidential during and after the termination of this agreement, shall adequately protect them from unauthorized access, and shall not disclose them to third parties or uninvolved employees, unless the parties are legally obligated to provide information. This obligation applies accordingly to confidential information and matters of other companies that are economically and/or organizationally affiliated with a party.
- In the event that the parties receive personal data pursuant to the General Data Protection Regulation (GDPR) or the German Federal Data Protection Act (BDSG), each party undertakes to comply with the applicable data protection regulations (hereinafter referred to as "Data Protection Regulations"). The receiving party is aware that confidential information or other content or information received from the disclosing party may be considered personal data and hereby consents to the collection and processing of such personal data in accordance with the applicable data protection regulations.
§ 7 – Liability
- Any liability of DRIVTO for contractual and statutory claims arising from the contract between the User and the respective Customer is excluded.
- The User further undertakes to indemnify DRIVTO against all damages arising from the listing of an event or service.
- The User is also fully and solely liable for all damages arising from the execution and/or cancellation and/or the reversal of the event or service.
§ 8 – Term and Termination
- This agreement becomes effective upon signing by both parties and remains in full force and effect for a period of one year (hereinafter referred to as "Minimum Term").
- After the expiry of the Minimum Term, this agreement shall be automatically renewed for successive periods of one (1) year, unless either party terminates the agreement with a notice period of at least three (3) months before the expiry of the Minimum Term or the respective renewed term.
- In order to determine whether and to what extent a renewal of the agreement is initially desired, the parties shall make contact within a period of four (4) months before the expiry of the Minimum Term to discuss the renewal of this agreement.
- The right to extraordinary termination without notice for good cause remains unaffected. Good cause exists in particular when circumstances arise which, taking into account the content and purpose of the agreement, make the continuation of the contractual relationship unreasonable for one or both parties.
- Any termination must be made in writing.
- Furthermore, upon termination of the agreement, the parties must immediately cease using the confidential information and other documents, materials, and information provided and return them at their own expense.
§ 9 – Miscellaneous
- This agreement is governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- No ancillary agreements to this agreement have been made unless referenced in this agreement. Amendments or supplements to this agreement require written form to be effective. This also applies to the waiver of the written form requirement, unless expressly oral agreements are concerned.
- Should any individual provision or provisions of this agreement be or become unenforceable, invalid, or void, the validity of the remaining provisions shall not be affected. In such a case, the parties shall replace the invalid or unenforceable provisions with a valid and enforceable provision that most closely reflects the economic scope of the invalid or unenforceable provision.
- The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is – to the extent legally permissible – the Regional Court of Düsseldorf (Landgericht Düsseldorf).
