C Additional conditions for organizers
C.1 Obligations for organizers
C.1.1 The organizer is obliged to inform participants of any existing right of revocation or return and to instruct them accordingly. If there is a legal obligation to make terms and conditions available, the organizer is also obliged to do so.
C.1.2 If an event which was posted on the YOGANECT website in the past or currently is cancelled or changed regarding date, time, number of participants, event location or regarding other essential factors, the organizer shall notify YOGANECT of the corresponding event change immediately upon becoming aware of it.
C.1.3. The Event organizer assures YOGANECT that (i) there is no agreement or other arrangement between the Event organizer and a venue, or the sponsor or operator of a venue, or any third party that prevents or restricts the Event organizer from obtaining the Event Platform Services in accordance with these GTC; (ii) the Event organizer is entitled to enter into this Agreement, including the right to commission YOGANECT with the procurement and sale of Tickets in accordance with these GTC; and (iii) the Event organizer has the right to conduct or market the Event offered on the YOGANECT Web Sites and (iv) to the Event organizer's knowledge there is no impediment to the conduct of the Event. The organizer undertakes to provide YOGANECT with proof of the assurances made in this clause upon request.
C.1.4 The organizer hereby commissions and authorises YOGANECT, for the duration of this contract, to act as a representative in the name and for the account of the organizer, in the name and for the account of the organizer, to arrange for the event which the organizer organises, plans or otherwise presents to the public via the YOGANECT websites, to negotiate the purchase of participation in the event via the YOGANECT websites, to process payment transactions with the Participants and/or their respective financial institutions and to send the booking confirmations to the Participants.
C.1.5 The organizer agrees that YOGANECT will provide invoices to Participants exclusively in electronic form. Participants will find these in an electronic mailbox on the YOGANECT website.
C.1.6 The payment of sales tax or other taxes arising from ticket sales is the responsibility of the organizer.
C.2 Event prices and fees
C.2.1 The organizer determines the basic price for the event at his own discretion. YOGANECT has no influence on price, performance or tariff changes of the event.
C.2.2 Further fees are due according to the valid price list, for the sale and dispatch of merchandising articles, for additional products and services and in the case of cancellation of brokered events.
C.2.3 If an event is not held for reasons for which YOGANECT is not responsible, the fees for services already provided by YOGANECT shall nevertheless be due.
C.2.4 If fees for services provided by YOGANECT are not listed in the price list, they are shown on the YOGANECT websites when the respective services are used. Unless otherwise stated, the fees shall be charged plus the currently applicable value-added tax.
C.3.1 If the event is cancelled or legitimately returned by the participant due to any other event change, the organizer has to refund the participant within fourteen (14) days the amount already paid by the participant for participation in the event. The organizer authorizes YOGANECT to reimburse the monies to be returned to the Participants in the name and for the account of the organizer.
C.3.2 For the processing of the refund the organizer must pay an additional cancellation fee per participant according to the valid price list to YOGANECT. After the settlement, the organizer will receive an invoice for the fees to be paid, but no later than one (1) year after the original date of the event. YOGANECT is entitled, but not obliged, to issue interim invoices. YOGANECT shall pay to the organizer two-thirds (2/3) of any reimbursement amounts not requested by participants within one (1) year of the originally scheduled date of the event.
C.3.3 YOGANECT undertakes, in the name of and on behalf of the organizer, to reverse the cancellation of an event for the event bookings made via the YOGANECT websites if
(a) YOGANECT is required to do so by law; or
(b) the organizer wishes or permits this.
C.3.4 The organizer authorises YOGANECT in this respect to repay the monies received from participants for the event to them in the name and for the account of the organizer. The organizer must pay an additional cancellation fee per participant according to the valid price list to YOGANECT for the handling of the refund. After the settlement, the organizer receives an invoice for the fees to be paid, at the latest one (1) year after the original date of the event.
C.4 Fraud / abuse protection
C.4.1 YOGANECT has an extensive security system which protects the organizer against chargebacks of their revenues, especially when booking events with credit cards. Due to the fraud protection system, it is possible that in exceptional cases payments may not be accepted by third party payment providers / banks or by the participant's bank.
C.4.2 If it is suspected that YOGANECT is being misused by the organizer, YOGANECT reserves the right to deactivate the setting option for events and to prevent the event from being arranged. A suspicion of improper use exists in particular if
(a) in the run-up to the event it becomes known that the event is not to take place or is not to take place as announced to the participants;
(b) unlawful or immoral events are to be held;
(c) the chargeback rate for this event is above average; or
(d) information is available which leads to the conclusion that the organizer is not entitled to offer the event.
C.4.3 If the suspicion cannot be cleared after thirty (30) days, YOGANECT reserves the right to reverse the transaction and to refund the participants the money for the respective tickets. In order to process the refund, the organizer must pay YOGANECT an additional cancellation fee per participant in accordance with the valid price list. In the event of a reversal with suspicion of misuse, the organizer does not receive an overview of the paid back fees and no further participant information.
C.5.1 The mediation includes the mediation of travel contracts between the organizer and participants, the consultation of participants and the proper forwarding of the booking to the organizer.
C.5.2 YOGANECT is liable for the proper mediation with the diligence of a prudent businessman.
C.5.3 YOGANECT does not assume any liability for the proper performance of the services of the individual organizers. YOGANECT is neither liable for the availability of the individual event services at the time of booking nor for their provision. The respective organizers are exclusively responsible for the fulfilment as well as for defects of the mediated event. YOGANECT does not assume any liability for service changes of the organizer after conclusion of the main contract.
Claims due to non-contractual fulfilment of the main contract must be asserted against the organizer within one month. This exclusion period begins with the end of the mediated event service agreed in the main contract, but does not begin before the participant has become aware of the circumstances justifying the claim,
C.5.4 The liability of YOGANECT for damages of the participant, for whatever legal reason, is limited to three times the value of the mediated travel service, as far as the damage of the participant was not caused by YOGANECT or a legal representative or vicarious agent of YOGANECT neither intentionally nor grossly negligent and is not based on a violation of essential contractual obligations of the mediator or a legal representative or vicarious agent. This limitation of liability shall also apply if the event broker simultaneously acts as organizer for any damage incurred by the participant solely due to the fault of a service provider. Excluded from this are damages resulting from injury to life, body or health. The agent is liable for this in accordance with the statutory provisions.
C.5.5 An event service is defined as the totality of event services promised in the event contract/main contract which can be performed by the organizer itself or by a vicarious agent (service provider) employed to fulfil its obligations towards the participant.
C.5.6 The contractual liability of the organizer for damages other than personal injury is limited to three times the tour price,
(a) as far as a damage of the participant is caused neither deliberately nor grossly negligently by the organizer or
(b) insofar as the organizer is responsible for any damage incurred by the participant solely due to the fault of a service provider.
C.5.7 The organizer's liability in tort for damage suffered by the participant is limited to a total of three times the price of the trip, insofar as damage suffered by the participant is caused neither intentionally nor through gross negligence, or insofar as the organizer is solely responsible for damage suffered by the participant due to the fault of a service provider. These maximum liability sums apply to each participant and event.
C.5.8 If an event service to be provided by the organizer is subject to international agreements or statutory provisions based thereon according to which a claim for damages can only be asserted under certain conditions or restrictions, the organizer may invoke these agreements and the statutory provisions based thereon against the Participant.
C.5.9 The liability of the organizer for damages of the participant caused by mediation services of the organizer, for whatever legal reason, is limited to three times the value of the mediated event service, as far as the damage of the participant was neither intentionally nor grossly negligently caused by the organizer or a legal representative or vicarious agent of the organizer and is not based on a violation of essential contractual obligations of the event mediator or a legal representative or vicarious agent. Excluded from this are damages resulting from injury to life, body or health. The organizer shall be liable for this in accordance with the statutory provisions.
C.5.10. The organizer shall not be liable for disruptions to services, personal injury and damage to property in connection with services which are merely brokered as third-party services (e.g. excursions, sporting events, visits to the theatre, exhibitions, transport services to and from the advertised place of departure and destination) if the organizer expressly acts as a broker for these individual services in the event description and the booking confirmation and if the third-party services are clearly identified as such by stating the brokered contractual partner so that they do not constitute a recognisable component of the organizer's event services for the participant but rather a brokerage service.
In the case of vicarious agents, the organizer shall only be liable in the event of fault if, according to the regulations applicable at the place of performance, these persons have violated their duty of care. He shall only be liable for intent and gross negligence on the part of his vicarious agents. Whether or not there is a lack of travel services depends on the traffic situation at the respective place of performance.
C.5.11. A liability of YOGANECTS remains excluded in the case of impairment or cancellation of the event due to force majeure and other circumstances for which the agent is not responsible. Any additional costs incurred shall be borne by the participant.
C.5.12. Any defects occurring during the trip must be reported to the organizer in writing within a preclusive period of one month after the contractually agreed end of the trip.
C.5.13. The Tour Operator shall be liable irrespective of the individual services provided,
(a) for the conscientious preparation of the event as well as
(b) for services which include transport from the advertised place of departure of the event to the advertised place of destination, intermediate transport during the event and accommodation during the journey,
(c) if and to the extent that the damage caused to the participant was caused by the organizer's breach of his duty to inform or to organise.
C.5.14. Every participant is obliged to cooperate within the framework of the statutory provisions in the event of a failure to perform, to avoid or minimise any damage and to inform the relevant event management on the spot or the responsible contact person immediately of the failure to perform.
C.5.15. Neither the event manager nor other contact persons on site are entitled to accept any claims at the expense of the organizer or the agent without consulting them.
C.6 Charges, billing, invoicing, terms of payment
C.6.1 The organizer may choose which payment methods offered by YOGANECT (e.g. credit card, direct debit, prepayment, invoice, PayPal) shall be made available to the Participants in order to collect the proceeds through YOGANECT. In accordance with this selection by the organizer, YOGANECT shall collect the payments of the Participants for the Tickets and manage the money collected in this respect in a separate account. The organizer grants YOGANECT a corresponding power of attorney.
C.6.2 YOGANECT shall transfer the money collected pursuant to Clause 4.1, less the fee payable to YOGANECT pursuant to Clause 3.4, as a rule by the 10th day of the following month. YOGANECT reserves the right to deviate from this rule and to retain the income for longer if there is a suspicion of misuse. The transfer of the amounts to be forwarded shall be made to the bank account which is stored in the organizer's user account in the system of the YOGANECT websites. After transfer of the amounts to this bank account the contract is fulfilled by YOGANECT. YOGANECT reserves the right to pay out money at recurring events even before the event takes place. The organizer does not have any claim to this. YOGANECT does not assume any liability for any charge-back fees due to an incorrect bank account details provided by the organizer and reserves the right to charge these to the organizer. In the case of transfers to account holders outside the European Monetary Union, there may be differences due to possible currency conversions and bank charges on incoming payments. These differences shall be borne by the organizer and shall not be borne by YOGANECT.
C.6.4 The organizer is aware that with certain payment methods (e.g. direct debit or credit card) there is a risk of a chargeback by the participant and that only the organizer must bear this risk. Any chargebacks made after payment has been made to the organizer in accordance with Section 4.2 will be invoiced to the organizer plus a charge for the chargeback in accordance with the applicable price list.
C.6.5 The organizer is obliged to raise objections to the invoices issued by YOGANECT immediately, but no later than four (4) weeks after the invoice has been issued. Otherwise the invoice shall be deemed to have been approved.
C.6.6 The organizer is aware that with certain payment methods (especially "Invoice" and "Prepayment"), invoice amounts of Ticket Buyers may remain unpaid as open items. This risk shall be borne by the organizer. Collection shall be the responsibility of the organizer.
C.7 Content and informations (e.g. images, videos and text)
C.7.5 The organizer is obliged to only post content and information that is true and realistic about the event. The following shall be omitted
(a) Use of images that are misleading and reflect an untruthful environment.
(b) Use of images that infringe the rights of third parties.
(c) Use of insulting or defamatory content, regardless of whether this content affects other users, other persons or companies.
(d) Use pornographic, violent, abusive, immoral or harmful content or advertise, offer and/or distribute pornographic, violent, abusive, immoral or harmful goods or services.
(e) Use of content protected by law (e.g. by copyright, trademark, patent, design patent or utility model law) without being entitled to do so, or advertising, offering and/or distributing goods or services protected by law without also being entitled to do so.
(f) Use of images containing text, logos, trademarks or other content.
C.8 In Addition to our GTC
These supplementary conditions apply in addition to our GTC. Should individual conditions overlap or be repeated, the stricter conditions shall apply.