End Customer Terms of Use 

Preamble

bookingkit GmbH, Sonnenallee 223, 12059 Berlin, “bookingkit”, provides a web-based administration, booking and marketing solution to enterprises that operate in the Tours, Attraction and Activities industry , “Organizers”, through the bookingkit Platform. The Organizer sells Digital Goods on the bookingkit Platform, which are purchased by the Customer. On behalf of the Organizer, bookingkit only facilitates the sale of the Digital Goods to the Customer. bookingkit is not liable for the delivery, quality nor any contractual obligations pertaining to the Digital Goods.  From the following instructions, you can see the basic rules of booking.

1. Definitions

In these Terms of Use, the following terms have the following meanings:

bookingkit: bookingkit GmbH, Sonnenallee 223, 12059 Berlin, Germany

Organizer: Individuals or entities offering digital goods for admission to venues, experiences or organized events.

Event: Any organized offering by an Organizer, encompassing activities such as day trips, excursions, overnight stays, transfers, experiences or admission to a venue.

Customer: The purchaser of Digital Goods.

Digital Goods: Electronic or digital items that function as proof of purchase and/or admission to an event or venue.

Upsell: The sale of supplementary products or services carried out by the Organizer.

2. How does bookingkit work?

bookingkit is a software-as-a-service solution that provides a reservation system and channel management system to organizers that operate in the Tours, Attraction and Activities industry. In doing so bookingkit offers the Organizer a platform to perform sales of their digital goods and to improve the customer experience. bookingkit provides organizers with one centralized platform to sell to their customers through a variety of channels, such as a reseller marketplace, website integrations and automated connections to additional sales channels.

3. Parties to the contract

 bookingkit does not enter into the direct purchase contract between the Customer and the Organizer. This contract is established between the Customer and the Organizer through the Customer’s acquisition of digital goods and their subsequent acceptance by the Organizer.

 bookingkit exclusively functions as a mediator in the formation of the contract between the Customer and the Organizer in relation to the procurement of digital goods. In this capacity, bookingkit presents digital goods on its platform on behalf of the Organizer and solely collects the payment for the purchase of digital goods on the Organizer’s behalf.

The contract is subject solely to the terms and conditions set forth by the Organizer. This also applies to upsell options. Should these products or services involve third parties, the terms of service or other general terms and conditions of the relevant third party may also be applicable. It’s important to acknowledge that any agreement is contingent upon the Organizer’s approval.

bookingkit assumes a facilitative role and is not a direct party to the contract. bookingkit does not guarantee the accuracy of event descriptions, photos, features, and prices provided by event organizers 

The Organizer points out that Digital Goods may not be resold or transferred to third parties, utilized for commercial purposes or returned without the prior written consent of the Organizer.

4. Prices and Payment

bookingkit acts as the intermediary for the sale of Digital Goods on behalf of the Organizer. It is the Organizer who determines both the pricing and the quantity of Digital Goods available. Consequently, the Customer is obligated to remit payment solely and exclusively to bookingkit for the ordered digital goods.  Should the Organizer offer to Customers to make direct payment to them on-site before admission to the event, then this absolves the Customer of their payment obligations to bookingkit.

All prices for digital goods are denominated in the stated currency and encompass any applicable taxes and/or fees. However, expenses associated with transportation or insurance are excluded from these prices unless otherwise explicitly specified. Customers are responsible for covering these associated costs. 

5. Delivery

Prior to finalizing the purchase of Digital Goods, it is imperative for the Customer to verify the accuracy of their selection or order. When acquiring Digital Goods, the Customer must enter a valid email address, to which bookingkit will dispatch the digital goods following the completion of the purchase. The order is officially confirmed through this email.

Once the Customer has electronically received their Digital Goods, the risk associated with loss, theft, or misuse of these Digital Goods transfers to the Customer.

bookingkit holds no liability for any delays in delivery or the loss of deliveries arising. Upon receiving the Digital Goods, the Customer should inspect the Digital Goods for accuracy and adhere to any supplementary instructions included within the Digital Goods or their accompanying email.

6. Postponed, changed or canceled events

It is the responsibility of the Customer to verify whether an event has been postponed, altered, or canceled and, if necessary, to ascertain the new time or location by checking email communication from the Organizer.  

A refund of the purchase price for digital goods can only be requested from the organiser.

8. Intellectual Property Rights

The intellectual property rights pertaining to the Digital Goods, whether held by bookingkit and/or the Organizer, remain the exclusive property of bookingkit and/or the Organizer. These rights may not be divulged or transferred to third parties without obtaining prior written consent from bookingkit.

Customers are strictly prohibited from copying, counterfeiting, or reproducing Digital Goods in any manner.

9. Personal Information

bookingkit processes Customer’s personal data in accordance with the Data Protection Policy available here can be viewed here: https://bookingkit.com/data-protection-policy-for-end-consumers/. bookingkit handles personal data in strict compliance with the prevailing data protection regulations at the time of data collection. The Customer has responsibility for the accuracy of the personal data provided and commits to promptly informing bookingkit if any inaccuracies or omissions are identified in their personal data.

Should the Customer’s personal data prove to be incomplete or inaccurate, the Customer bears the responsibility and associated risks of potential loss, theft, or misuse of Digital Goods. In cases where bookingkit is unable to establish contact with the Customer, thereby impeding the verification of their personal information, the Organizer reserves the right to cancel the reservation and offer the digital goods to another customer.