General Terms and Conditions of Loco Life GmbH (www.locolife.net)
Am Sandwerder 28, 14109 Berlin, Germany
Represented by Karl Hänska and Hannes Nieth
District court Berlin Charlottenburg, HRB 239423, U-St-ID: DE
§ 1 Definitions
Where the following terms are used in the General Terms and Conditions, they mean:
(a) "GTC" means these General Terms and Conditions, for the offer of Loco Life GmbH;
b) "Loco Life" means. Loco Life GmbH; Am Sandwerder 28, 14109 Berlin, Germany.
c) "Activities" are the third-party services of partners displayed on the Loco Life platform, such as exhibitions, offers relating to clubs, bars and restaurants, sports activities, car rentals and other tourist activities;
d) "Partners" are the providers of the activities displayed;
e) "Incentives" means the conditions provided by the partners.
f) "Activation Codes" are codes purchased with this purchase agreement.
g) "Loco Pass" is the proof of entitlement to access the incentives. The Loco Pass is activated by entering the activation code.
h) "User" means any person who holds the Loco Pass.
i) "Discount Codes" are codes with which the Activation Code can be purchased at a discounted price.
§ 2 Scope and amendment of the GTC
1) These GTC apply to the use of the Loco Life digital platform with a Loco Pass and to the purchase of the activation code. The scope of the GTC is limited to the contractual relationship between Loco Life and its users.
2) The amendment of the contract at the instigation of Loco Life requires that Loco Life offers the intended amendment to the Customer in the form provided for in Article 246b of the Introductory Act to the German Civil Code (EGBGB) no later than two months before the proposed date on which it is to take effect. The parties agree that the customer's consent to a change in accordance with sentence 1 which does not significantly affect the equivalence ratio to the customer's detriment shall be deemed to have been given if the customer has not declared his rejection to Loco Life in text form before the said date on which the change takes effect. The customer is entitled to terminate the contract without notice before the proposed date on which the change takes effect. Loco Life is obliged to inform the customer of the consequences of its silence and of the right to terminate the contract without notice and free of charge with the offer to amend the contract.
3) Loco Life is entitled to unilaterally amend or supplement the content of the contract and these GTC to the extent that this is necessary for legal reasons or the amendments or supplements are merely legally advantageous for the user.
§ 3 Object of the contract
Loco Life operates a digital platform on which the activities of its partners are listed. In order to access the partners' incentives, an activation code must first be purchased and used to activate the Loco Pass. The incentives are only valid for the customer himself and can only be redeemed on site. Incentives cannot be claimed if purchased online from a partner. A takeover of the invoice with a claim of the incentives for third parties is impossible. Loco Life does not offer any booking options for activities, but only presents them on its platform. Loco Life also does not offer any own activities. Loco Life is under no circumstances a contractual partner in the conclusion of contracts for activities between customers and partners. Loco Life is not an assistant for the implementation and does not offer any mediation in the conclusion of contracts.
§ 4 Conclusion of contract / Acquisition of the Activation Code
1) The activation code, which enables the incentives to be offered to the potential user after activation, can be purchased from Loco Life.
2) In order to purchase the Loco Pass, the potential user must first truthfully complete the online mask. In this respect, all details must be complete and correct. If the potential customer confirms his/her details by clicking on the "Order with costs" button, he/she submits a binding offer to Loco Life to conclude a purchase contract via activation code. A purchase contract is not concluded until Loco Life accepts this offer.
3) Acceptance of the application is at the discretion of Loco Life. There is no entitlement to the conclusion of a contract. Furthermore, Loco Life is not obliged to give reasons for non-acceptance of an application.
§ 5 Prices and discounts
1) The prices quoted always include statutory value added tax.
2) Should a discount campaign exist, the purchase of an activation code may be made possible at a reduced price. Loco Life may issue discount codes for this purpose.
3) Loco Life expressly reserves the right to make the use of discount codes subject to separate conditions where appropriate. In this case these discount conditions will be communicated to the potential users when the discount code is issued.
§ 6 Right of cancellation
Users are entitled to the right of revocation granted by law. Details of this can be found in the cancellation policy.
§ 7 Services of Loco Life
1) Loco Life constantly strives to describe the activities it presents correctly and as accurately as possible. However, the content of the activity descriptions and the procedures of an activity may be subject to change. Loco Life will endeavour to update the activity descriptions on this website and in the app on an ongoing basis. 2) The activity descriptions on this website and the photographs and illustrations used for the activities are partly exemplary and serve as general descriptions. The photos and/or illustrations of e.g. actions, situations, people, vehicles, places, etc., are not binding and may vary. The activity descriptions and activity illustrations may sometimes differ in their actual execution, colouring and design from the picture illustration.
3) The information regarding the duration of the activities offered is for guidance only and is not binding. The activities may possibly take place in groups, together with other participants, as indicated in the respective description. Waiting times for the use of the activities cannot be excluded.
4) Loco Life is interested in presenting activities of the highest possible quality and, with this in mind, is naturally pleased to receive comments and feedback from customers on partners and their services. However, Loco Life is not obliged to receive or deal with any complaints from customers about partners or to mediate in disputes between customers and partners.
5) Loco Life operates the App and website within the scope of its technical possibilities. Customers do not have a claim to error-free and uninterrupted use of the app/website at all times or to specific availability. Loco Life will make every effort to restore usability as quickly as possible in the event of a system failure.
§ 8 Legal consequences in the event of loss/misuse of activation code Loco Pass and vouchers
In the event of loss, suspected loss, theft or risk of misuse of the activation code, the Loco Pass or a voucher, the customer is obliged to notify Loco Life immediately in order to arrange for it to be blocked. Loco Life accepts no liability for unlawful redemption. Please contact email@example.com immediately in the event of loss.
§ 9 Requirements for participation in an activity and obligations of users
1) Participation in certain activities with the partners sometimes requires a minimum level of personal suitability (e.g. height, age, state of health, driving licence). Such (minimum) requirements must be requested from the respective partner. Partners can also refuse access to their premises by invoking their house rules. For example, a Partner may refuse to allow user to enter the premises, to carry out the activity or to allow them to enter. Loco Life has no control over this and accepts no responsibility for such partner decisions.
2) Partner activities may also be subject to weather conditions. It may be necessary to check weather conditions with the partner shortly before or on the day of participation. This information must be obtained directly from the Partner. In cases of postponements for which the partner is not responsible, Loco Life shall not be liable for expenses or damages incurred by the user in connection with the attempted or renewed use of the activity (e.g. travel expenses, accommodation, escorts, holidays, etc.).
4) The user are obliged to identify themselves by means of an official photo ID (e.g. identity card, driving licence, passport) when checking in on site at a partner upon request of the partner or operator.
5) When registering, customers must provide truthful information and create a complete user profile which allows the user to be identified by partners. Registration under a pseudonym is not permitted.
6) Customers are obliged to treat personal access data, including user ID and password, confidentially and not to make them accessible to third parties. If users suspect misuse of their password or user account, they must notify Loco Life immediately.
7) For some activities, Loco Life must forward the customer's first and last name to the partner. The customer is explicitly informed of this for these activities and must also confirm this each time.
§ 10 Justified suspicion of improper use by customers
1) If Loco Life has reasonable grounds to suspect that customers have breached contractual obligations, Loco Life may - without a breach of obligations being proven - take the following provisional measures at its due discretion and after taking into account the legitimate interests of the customers until it has been clarified whether and a breach has occurred. Loco Life may block or restrict the customers' access and exclude the customers temporarily, completely or partially from using the Loco Pass.
2) In the event that Loco Life takes a provisional measure under subsection 1, Loco Life shall immediately - seek clarification as to whether a breach of duty has occurred, - give the customer the opportunity to comment in text form and - cancel any provisional measures after such examination has been carried out, insofar as a breach of duty cannot be ascertained.
§ 11 Consequences of breach of dury by customers
1) Loco Life may revoke the purchase contract without notice if there is good cause which makes it unreasonable for Loco Life to continue the purchase contract, even taking into account the legitimate concerns of the customer. Good cause shall be deemed to exist in particular - if customers intentionally provide false personal, contact or payment data or otherwise deceive about their identity - if customers allow a third party to use their user accounts or give a third party unauthorized access to services provided by partners, - if customers whose contract has been terminated by Loco Life register again using different personal, contact or payment details, - in the event of gross misconduct by customers towards partners or other customers.
2) If the good cause consists of the breach of a contractual obligation, termination is only permissible after the unsuccessful expiry of a reasonable period of time set for remedy or after an unsuccessful warning, unless this is dispensable due to the special nature of the individual case (Section 323 (2) and (3) of the German Civil Code). The setting of a deadline for remedial action and a warning are also dispensable if there are special circumstances which, weighing up the interests of both parties, justify immediate termination.
3) Loco Life's right to extraordinary termination for any other good cause remains unaffected.
4) In the event of provisional exclusion or extraordinary termination, further claims of Loco Life remain unaffected.
§ 12 Payment, Retention of Title
Loco Life offers various payment options for payment in the web shop or in the app. The online data transfer is SSL-encrypted. The purchased product is sent by e-mail after full payment of the purchase price or is displayed directly in the user account in the app.
§ 13 Availability
Participation in the activities depends on their availability. Information on general availability (e.g. location/region, season, weekend, day, times of day) can be found in part on our website and/or app. If there is no or not enough information on the website and/or app, this must be obtained directly from the partners. Deviations due to decisions by the partners cannot be influenced by Loco Life and Loco Life cannot be approached in individual cases. Loco Life accepts no liability for cancellations of activities. Furthermore, Loco Life does not guarantee the accuracy of the information provided.
§ 14 Changes to services
1) Even after purchase of the activation code, changes in content and changes to individual activities may be made. Such changes will only be made if necessary, provided they are not substantial and do not significantly impair the benefits of the Loco Pass as such. Loco Life will use its best endeavours to inform the customer promptly of any significant changes to the portfolio of services once it becomes aware of them.
2) Should the Loco Pass as such become unusable as a result of a significant change to the essential content of the portfolio of offers, Customers are entitled to withdraw from the contract free of charge.
§ 15 Warranty
In the case of legal transactions with a consumer, the statutory provisions shall apply to any warranty claims due to defects of title and/or quality.
§ 16 Limitation of liability
1) Loco Life shall be liable for damages arising from injury to life, limb or health caused by a negligent breach of duty by Loco Life or an intentional or negligent breach of duty by a legal representative or vicarious agent of Loco Life. Furthermore, Loco Life shall be liable for other damage caused by a grossly negligent breach of duty by Loco Life or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Loco Life.
2) If Loco Life has assumed guarantees, its liability under these guarantees is unlimited.
3) Loco Life accepts no liability for the conclusion of contracts between Customer and Partner or for the performance of such contracts or for any damage resulting therefrom. 4) Notwithstanding subsections 1) and 2) above, Loco Life's liability is excluded.
§ 17 Exclusion of the commercial resale of Loco Life products
1) The commercial resale of purchased products is prohibited. This also applies to discount codes from Loco Life.
2) For each culpable infringement of the aforementioned prohibition of commercial or trade resale a contractual penalty of EUR 5000.00 shall be due to Loco Life. Loco Life reserves the right to assert further claims for damages - taking into account the contractual penalty.
§ 18 Withdrawal by Loco Life
1) Loco Life is entitled to withdraw from the contract for good cause. An important reason is in particular a case of force majeure. If an important reason arises which entitles Loco Life to withdraw from the contract without cause, Loco Life shall inform the customer without delay.
2) In the event of withdrawal from the contract for good cause by Loco Life, the customer will be refunded the purchase price paid without delay.
3) Further claims against Loco Life, in particular claims for damages (e.g. travel expenses, overnight accommodation), are excluded. The provision made under § 16 (Liability of Loco Life) remains unaffected by this.
§ 19 Form of Declarations
Legally relevant declarations and notifications made to Loco Life must be made in textual form.
§ 20 Property rights
The contents of this website as well as the required and used software are subject to property rights and legal regulations for the protection of intellectual property. The customer acknowledges these rights. The Customer also acknowledges that advertising content of Loco Life and/or of Partners on this website and also other information which the Customer receives on this website from Loco Life or through third parties (e.g. advertisers) are protected by industrial property rights or laws.
§ 21 No liability for the content of third-party websites
Loco Life also refers on its website and in its app to other, external sites on the Internet ("Links"). Loco Life has no influence on the content and design of these sites. Loco Life is not liable for the content of all linked websites and does not adopt them as its own.
§ 22 Alternative dispute resolution
1) The European Commission provides a platform for online dispute resolution (OS-PlaGform) of consumer disputes.
2) The satisfaction of our customers is the focus of our actions. In the event of any complaints, we strive to find amicable and customer-oriented solutions together with the customer. We therefore do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
§ 23 Place of performance, applicable law, place of jurisdiction
1) To the extent permitted by law, the place of performance and payment shall be the registered office of Loco Life.
2) German law shall apply to the exclusion of the conflict of laws provisions of private international law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you are a natural person who enters into the legal transaction for purposes that are predominantly not attributable to your commercial or independent professional activity, this choice of law shall only apply to the extent that the protection granted to you is not thereby withdrawn by mandatory provisions of the state in which you have your habitual residence.
3) If you do not have a general place of jurisdiction in Germany or if you are a merchant or a legal entity under public law or if you have moved your permanent place of residence abroad after these General Terms and Conditions come into effect or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Loco Life.
Loco Life GmbH, Am Sandwerder 28 14109 Berlin Germany Telephone: +49 15732653469 E-mail: firstname.lastname@example.org General Terms and Conditions of Loco Life GmbH (www.locolife.net) Am Sandwerder 28, 14109 Berlin, Germany
Right of withdrawal
If you are a consumer, you have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must send us
Loco Life GmbH
Am Sandwerder 28
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal 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; in no case will you be charged for this repayment.
Note on the premature expiry of the right of withdrawal
Your right of withdrawal expires prematurely in the case of a contract for the provision of services if we have provided the service in full and have only started to provide the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal when the contract has been fulfilled by us in full.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
Loco Life GmbH
Am Sandwerder 28
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*).
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable