of Lobster Event GmbH

General Terms of Use

General Terms of Use of Lobster Event GmbH, Starkenburgring 12, 63069 Offenbach (hereinafter referred to as the platform operator) for the Loop Plus network portal at the URL https://plus.loop-luxury-fair.com/en

Part 1 – General regulations

1. Scope of Application

1.1 These Terms of Use apply to the use of the platform at the above URL (hereinafter referred to as "Loop Plus"). These Terms of Use apply exclusively. The platform operator does not recognize any terms and conditions that deviate from these terms and conditions, subject to express consent.

1.2 These Terms of Use apply exclusively. The platform operator does not recognize any terms and conditions that deviate from these terms and conditions, subject to express consent.

1.3 The following definitions apply within the scope of these GTC:

  • "Platform Operator" is the above-mentioned company.
  • „Loop Plus“ is the platform available at the URL mentioned in the title.
  • “Parties” is used as a generic term for partners and customers (contractual partners of the platform operator).
  • „Customer“ means any natural or legal person who purchases services on Loop Plus or has an interest in such a purchase.

1.4 Consumers and private individuals may not register on Loop Plus and may not make use of the services offered. No contracts may be concluded with private individuals within Loop Plus.

2. Scope of Services

2.1 Loop Plus is a platform for luxury tourism, the aim of which is to bring together partners and interested parties of tourism services, in this case "customers", so that they can conclude bilateral contracts with each other. On Loop Plus, contacts are established between partners, such as hotels, DMCs, tourist destinations, etc. and customers, such as travel agencies, tour operators, MICE agencies, journalists, etc. who are interested in such offers for this purpose.

2.2 The platform operator shall at no time become a party to the contracts concluded between partners and customers (hereinafter also referred to as "parties"). These contracts are concluded exclusively between these parties.

2.3 The availability of Loop Plus is 96.5% on an annual average. This excludes necessary regular maintenance work and periods in which availability is restricted due to events for which the platform operator is not responsible (e.g., force majeure, acts of third parties, technical problems or changes in the legal situation). The platform operator shall endeavor to carry out all scheduled maintenance work at times with as few visitors as possible and to keep this as short as possible.

2.4 The platform operator grants the parties the non-exclusive and non-transferable right to use the platform as intended for the duration of the contract. The parties are not entitled to transfer their platform access to an unauthorized third party for use in part or in full, for a fee or free of charge. Employees, vicarious agents and assistants of the customer who access the platform in this function or third parties who are to access the platform in accordance with the purpose of the contract are not considered unauthorized third parties. The parties are expressly prohibited from subletting access to the platform.

2.5 Application problems are dealt with by the platform operator as part of the support service. Support is generally provided on working days from Monday to Friday. For the purpose of the fastest possible processing, support services must be requested via the communication channels provided for this purpose on the platform operator's website. Support requests are generally processed chronologically during regular business hours in the order in which they are received by the platform operator.

2.6 All offers, information, price lists, tools, calculations and similar documents provided to partners or customers before or in the course of the contractual relationship must be treated confidentially. Documents must be treated confidentially and may not be reproduced or communicated to third parties verbally or in writing or made accessible in any other way without the express consent of the platform operator. Reproduction or disclosure within the company of the parties for the purpose of internal company administration or utilization is not covered by this prohibition.

2.7 In the event of breaches of this clause, the parties are obliged to pay the Platform Operator an appropriate contractual penalty of at least EUR 2,500, the amount of which shall be determined by the Platform Operator and the fairness of which may be reviewed by the competent court.

3. Duties of the parties

3.1 The parties are obliged to keep the data provided during registration up to date at all times and to refrain from violating these Terms of Use and applicable law. The parties must also ensure that their account is only used by themselves. The parties must treat the access data and the data stored by them confidentially and ensure that third parties do not have access to their data. If the parties culpably violate this obligation, they themselves shall be responsible for any resulting damage.

3.2 The parties are also obliged to use Loop Plus only for its intended purpose and to comply with all contractual and statutory provisions when using Loop Plus. Any use beyond the purpose of the user relationship is prohibited. In particular, the parties are prohibited from:

  • registering multiple times on Loop Plus under different identities;
  • to disseminate false or misleading claims within Loop Plus;
  • to use Loop Plus for advertising or other commercial purposes;
  • threaten, insult or harass other parties or violate their rights in any other way;
  • violate these GTC or applicable law (e.g. copyright and trademark law) when using Loop Plus;
  • send chain letters or spam messages;
  • disseminate pornographic, racist, violence-glorifying or trivializing, inciting the people, right-wing extremist, anti-constitutional or other content that violates applicable law and morality within Loop Plus.

3.3 In the event of a breach of the provisions of this section, the platform operator is entitled to temporarily block the customer account or the sending of electronic messages or to terminate the user relationship for cause. The sanction measure depends on the type, severity and duration or number of the violation(s) and is selected by the platform operator at its own discretion. The term of the user relationship remains unaffected in the event that the customer account is blocked or electronic messages are sent.

4. Fees, due date and default

4.1 If separate costs are incurred for registration, the parties will be informed of this during the registration process.

4.2 If a contractual relationship against payment is established between the parties via Loop Plus, the parties are obliged to pay a fee to the platform operator, the amount of which will be communicated separately within Loop Plus. The revocation, termination or other termination of a contractual relationship between the parties has no influence on the contractual relationship with the platform operator and the membership fee to be paid, unless the platform operator is responsible for the termination of the contract.

4.3 The fee is due for payment immediately upon conclusion of the contract between the parties. The platform operator shall invoice the membership fees on a regular annual basis and inform the party concerned by email when the respective invoice is made available. The parties can access the complete invoice in their registration account.

4.4 In the event of late payment by the parties, the platform operator is entitled to block or terminate the contract for cause. Extraordinary termination shall be considered in particular in the event of repeated (not necessarily consecutive) payment default. In the event of blocking, the contract term shall continue as normal. The amount owed shall bear interest in accordance with the statutory provisions of the German Civil Code (BGB).

5. Free trial period, contract term and termination

5.1 The parties have the option of using a one-off, free trial phase and using Loop Plus and its functions free of charge for the specified period. To do so, the parties register, book a chargeable package and enter their payment details when booking. The parties can terminate the trial access during the trial period without observing a notice period.

5.2 At the end of the free trial period, the paid subscription will start automatically. Agreed fees are due for payment at this time and the party receives an invoice. The subscription then runs for a term of 1 year. The subscription is extended for a further year if it is not terminated with a notice period of 3 months to the end of the term.

5.3 The right to extraordinary termination without notice for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing the interests of both parties.

5.4 Termination shall have no effect on contracts already concluded between the parties and on the resulting obligation to pay commission to the platform operator.

5.5 After termination of the contract, the party's account shall be deleted within one month, unless there are still unfinished commission transactions associated with the account. In the latter case, the account will be deleted at the earliest after the commission payment has been completed. The information in the account - with the exception of statements and other information that must be retained - will be irrevocably deleted. It is the responsibility of the party to secure this information elsewhere in advance.

6. Subject Matter of the Contract

6.1 The Platform Operator provides Partners on Loop Plus with the opportunity to advertise and sell their services to customers. Partners act independently and are not subject to the instructions of the Platform Operator when performing the services offered - unless otherwise agreed in these Terms of Use. Subject to deviating agreements or mandatory statutory regulations, the Partner is completely free in the organization of its activities and the content of the contract between it and the customer; this applies to the duration, timing and type of services, as well as compliance with statutory regulations. The Partner has the option of incorporating its General Terms and Conditions and any other necessary legal texts that are to apply in the relationship with customers

6.2 The Platform Operator shall at no time become a party to a contract concluded between the Customer and the Partner, which is why the Platform Operator shall not be subject to any obligations to instruct arising from these legal relationships (e.g. with regard to compliance with legal requirements). A contract is concluded exclusively between the partner and the customer.

7. Registration on Loop Plus

7.1 The parties can create an account on Loop Plus. To do so, they must enter the information requested as mandatory information completely and truthfully in the online registration form. By registering, a contract of use is concluded between the respective party and the platform operator.

7.2 Registration on the platform is reserved exclusively for natural or legal persons of legal age who are acting in their capacity as entrepreneurs. Consumers / private individuals are not entitled to register. The platform operator reserves the right to verify the entrepreneurial status by requesting suitable evidence.

7.3 After registration, the Partner can create a profile and is authorized to advertise its services.

8. Rights and Obligations of the Partner

8.1 The Partner must ensure that all content and services provided by it comply with applicable law (in particular data protection law, competition law and copyright law) and that no conflicting third-party rights exist. In particular, the Partner must be fully authorized to publish the content (e.g. images and texts) and other data and documents provided by it. In addition, the services offered must also comply with the applicable law. In particular, the partner must be qualified to provide the respective service and must fulfill the legal conditions applicable in its country (in particular official permits) for the provision of the respective service.

8.2 The parties grant each other a simple, non-transferable right of use to the content posted on the portal (e.g. images, texts, graphics) for the contractually intended purposes, unless otherwise stipulated in individual contracts.

8.3 Content and offers that violate applicable law are not permitted. The platform operator is entitled to block or delete such content without prior notice.

8.4 In the event of a breach of the obligations in this section, the platform operator is entitled to terminate the contract without notice (extraordinary termination) or to block the account or delete individual content. The respective sanction measure is at the discretion of the platform operator, whereby the platform operator shall, however, take into account the type and severity of the violation.

9. Liability and Indemnification

9.1 The Platform Operator shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability.

9.2 If the Platform Operator negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Platform Operator according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely.

9.3 Any further liability of the Platform Operator is excluded.

9.4 The above liability provisions also apply with regard to the liability of the Platform Operator for vicarious agents and legal representatives.

9.5 Partners or customers shall indemnify the platform operator against any third-party claims - including the costs of legal defense in their statutory amount - that are asserted against the platform operator due to their actions in violation of the law or the contract.

10. Data Protection

The platform operator treats the personal data of customers and partners confidentially and in accordance with the statutory data protection regulations. This data will not be passed on without the express consent of the person concerned or will only be passed on within the framework of the necessary processing of the contract. Further details can be found in the platform operator's privacy policy.

11. Final Provisions

11.1 The law of the Federal Republic of Germany shall apply to the contracts between the Platform Operator and the Partner / Customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.

11.2 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the platform operator and its contractual partner shall be the above-mentioned registered office of the platform operator.

11.3 The Platform Operator is entitled to amend these Terms of Use for objectively justified reasons (e.g. changes in case law, legal situation, market conditions) and subject to a reasonable period of notice. Existing customers will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given. If he objects, the changes shall not enter into force; in this case, the Partner shall be entitled to terminate the contract extraordinarily at the time the change enters into force. The notification of the intended amendment to these Terms of Use shall refer to the deadline and the consequences of an objection or failure to object.

Stand: November 23