Conditions of use, conclusion of contract and assurances upon conclusion of contract for events

As an event organizer, ap35 GmbH offers its organizers to plan, organize and advertise events, meetings, celebrations, gatherings, conferences, virtual events, etc. (hereinafter referred to as “events”), to register participants for events and to sell tickets and, if applicable, other products and services. The organizing customer is hereinafter referred to as referred to as “organizer”). In addition, ap35 GmbH may offer customers certain other services.

Conversely, ap35 GmbH offers its participants the opportunity to purchase tickets and, if applicable, other products and services (the ticket purchaser is hereinafter referred to as “participant”), as well as to register themselves or third parties as participants (hereinafter referred to as “participant”).

ap35 GmbH reserves the right to charge fees for certain services within the framework of the event platform. These additional terms and conditions for contracts concerning the organization of events supplement the General Terms and Conditions of ap35 GmbH.

1.1 These General Terms and Conditions apply to all contracts concluded with ap35 GmbH for participation in events. Insofar as agreements deviating from these General Terms and Conditions are made at an event, these shall take precedence. By registering, the participant accepts the following “General Terms and Conditions for Events of ap35 GmbH”. In all other respects, the conditions stated here apply.

1.2 When using paid services, the participant accepts the a s s o c i a t e d payment obligation by clicking on the confirmation field offered in this case.

1.3 ap35 GmbH cannot technically determine with certainty whether a participant is actually the person that the participant claims to be. ap35 GmbH therefore provides no guarantee for the actual identity of a ticket purchaser.

2.1 Registration can be made by e-mail, post, fax or via the registration form provided on the homepage via the Internet. Registration is considered a binding contractual offer. The contract is concluded upon receipt of the confirmation of registration by ap35 GmbH. Registrations are generally considered in the order in which they are received.

2.2 Cancellation policy and sample cancellation form

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us ap35 GmbH

Magirus-Deutz-Straße 12
89077 Ulm
Phone: +49 731 140 225 0
Fax: +49 731 140 225 20
E-mail: office.ulm@ap35.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail or via our contact form which can be accessed from any page). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

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Consequences of revocation:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances
will you be charged any fees for this repayment.

If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Exclusion of the right of withdrawal:

The right of revocation does not exist if you are acting in the predominant exercise of your commercial or independent professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB). Furthermore, the right of withdrawal does not apply to contracts for the provision o f services in the areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision (Section 312g (2) (9))

The right of revocation vis-à-vis ap35 GmbH does not apply to contracts that are not concluded between the participants and ap35 GmbH, but between the participants and a third party. Any rights of revocation in this respect can only be asserted against the third party.

Further important notes:

You expressly agree that we may begin to perform the service before the end of the withdrawal period.

ap35 GmbH has the right to postpone or cancel an event for reasons for which it is not responsible (e.g. insufficient number
of participants, short-term unavailability of the speaker without the possibility of a replacement, force majeure). The
participant will be informed of this using the contact details given in his/her registration. In the event of cancellation, any
participation fee already paid will be refunded. The same applies in the event that the participant is unable to attend a
subsequent date for the event. Any other claims on the part of the participant are excluded. ap35 GmbH reserves the right to
change speakers or change the course of the event. The participant cannot derive any claims from this, e.g. withdrawal from
the contract or reduction of the participation fee.

3.1 Exclusion from participation

ap35 GmbH is entitled to exclude participants from further participation in special cases, e.g. late payment, disruption of the
event. In the event of exclusion, ap35 GmbH’s financial claim shall be governed by Section 3 of these General Terms and
Conditions.

ap35 GmbH submits an offer for the conclusion of a purchase contract by uploading the ticket offer, stating the number of available tickets, the ticket price and the available payment methods. The participant accepts his offer for the conclusion of a purchase contract by clicking on the corresponding button in the respective order mask. Effective acceptance of the offer by the participant requires that the participant has completed all the required fields in the order form. Immediately after conclusion of the contract, the participant receives a confirmation e-mail about the conclusion of the purchase contract. The participant is obliged to inform ap35 GmbH if he has not received this confirmation e-mail or has not received it on time.

4.1 Provisions for organizers

The contractual relationship in relation to the event and the sale or purchase of tickets is concluded exclusively between the organizer and the participant. ap35 GmbH acts exclusively as a commercial agent in this respect

or as an agent acting in the name and for the account of the organizer and handling the purchase contract on its behalf. For this reason, ap35 GmbH is not liable in particular for the insolvency of the organizer or the cancellation of an event.

4.1.1 The organizer can choose which payment options offered by ap35 GmbH (e.g. credit card, direct debit, prepayment, invoice, PayPal, Klarna) are to be made available to the participants in order for ap35 GmbH to collect the proceeds.

4.1.2 ap35 GmbH accepts no liability for chargeback fees due to incorrect bank 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 are at the expense of the organizer and are not to be borne by ap35 GmbH.

4.1.3 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 the organizer alone bears this risk. Chargebacks made after payment has already been made to the organizer in accordance with section 4.2 will be charged to the organizer plus a chargeback fee in accordance with the applicable price list.

4.1.4 The organizer is aware that with certain payment methods (especially “invoice” and “prepayment”), invoice amounts from ticket buyers may remain unpaid as open items. This risk is to be borne by the organizer. Collection is the responsibility of the organizer.

4.2 Provisions for the participant

4.2.1 In the case of chargeable events, the participant must pay the contractually agreed fee for the event (participation fee) as invoiced by ap35 GmbH, stating the full invoice number. The ticket store will indicate whether the ticket price includes or excludes VAT. The participant can pay invoices using the payment methods offered by ap35 GmbH. If a payment cannot be collected, the participant shall bear all costs incurred by ap35 GmbH as a result, in particular bank charges in connection with the return of direct debits and comparable charges, to the extent that he/she is responsible for the event triggering the costs.

4.2.2 The total purchase price is due for payment immediately upon receipt of the confirmation e-mail.

4.2.3 ap35 GmbH is free to send invoices and payment reminders exclusively by electronic means.

4.2.4 Additional terms and conditions of the respective organizer may apply to the implementation of the event offered by the organizer. ap35 GmbH has no influence on this.

5.1 The organizer is obliged to inform participants of any existing right of withdrawal 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.

5.2 If an event for which tickets are or were sold via ap35 GmbH or have already been sold is canceled or changed with regard to date, time, venue or with regard to other essential factors, the organizer shall inform ap35 GmbH of the corresponding event change immediately after becoming aware of it.

5.3 The organizer assures ap35 GmbH that (i) there is no agreement or other arrangement between the organizer and a venue, or the promoter or operator of a venue, or a third party, which prevents or restricts the organizer from obtaining the event platform services in accordance with these GTC; (ii) the organizer is entitled to conclude this agreement, including the authority to commission ap35 GmbH with the brokerage and sale of tickets in accordance with these GTC; and (iii) the organizer has the right to hold or market the event offered on the ap35 GmbH websites and (iv) to the organizer’s knowledge, there is no reason preventing the event from being held. The organizer undertakes to provide ap35 GmbH with evidence of the assurances given in this section upon request.

5.4 The organizer hereby commissions and authorizes ap35 GmbH, for the duration of the term of this contract, as a representative in the name and for the account of the organizer, to organize, plan or otherwise offer tickets for the event to the public, to arrange the purchase of tickets for this event via the website provided for this purpose, to process payment transactions with the participants or their respective credit institutions and to send the tickets to the participants.

5.5 The organizer is responsible for the payment of sales tax or other applicable taxes from ticket sales.

5.6 ap35 is entitled to refer to its activity as an agent at the event and the associated means of communication as well as on the website i n a non-emphasized place, in particular to display its company logo.

The participant may withdraw from the contract in writing free of charge up to 8 weeks before the start of the event. Up to this point in time, 100% of the participation fee will be refunded. In the event of withdrawal or non-participation from 8 weeks before the event, 50% of the participation fee will be charged as a lump sum. In the event of withdrawal or non- participation from 4 weeks before the event, 100% of the participation fee will be charged as a lump sum. The flat-rate fee shall not apply if a substitute participant is named or if it can be proven that the loss has not otherwise been incurred or is less than the flat-rate fee. The relevant date for the participant’s withdrawal is the date of receipt of the declaration by ap35 GmbH.

ap35 GmbH is only liable for damages in connection with the organization of events in the case of intent or gross
negligence. The limitation of liability does not apply to damages resulting from injury to life, body or health, which are based
on a negligent or intentional breach of duty by ap35 GmbH or a legal representative or vicarious agent of ap35 GmbH.
Furthermore, the limitation of liability does not apply to damages that are based on the breach of a so-called cardinal
obligation (i.e. a contractual obligation that makes the proper execution of the contract possible in the first place and on the
fulfillment of which the participant regularly relies and may rely).

In the event of a breach of a so-called cardinal obligation based on simple negligence, liability shall be limited to
compensation for foreseeable damage typical of the contract.

The data provided by the participant when registering will be stored and processed exclusively for the purpose of processing the event and, in the case of chargeable events, also for the purpose of invoicing. If the participant consents to further data processing at the time of registration or during the event, the data will be stored and processed for the purposes specified in each case.

8.1 Rights to images

The participant grants the organizer and ap35 GmbH the right to be recorded in photos and/or film material. The participant agrees that this material may be made publicly accessible, e.g. event website and social media channels. The participant has no claim to the image rights of recordings that are photographed or filmed in connection with the event by the organizer or its authorized persons and in which he can be recognized.