The German terms of use apply. Here you can find a translation:

Terms of use

for the Internet portal www.calengoo.com

In the following we would like to inform you about the legal conditions for the use of our online portal (hereinafter referred to as portal). By using our services, you declare your implied agreement with the validity of these conditions.

§ 1 Scope of application

1. The following conditions apply to the use of our portal and regulate the legal relations between us, the portal operator as well as the provider of activities and the customers of the providers.
2. The use of our portal is free of charge. Only between the provider and us can contracts with costs be concluded, but these are concluded exclusively via the mobile app “Booking System” under the general terms and conditions applicable there.
3. Providers use the mobile app to post various activities on our portal that are aimed at interested users. The providers are free in the design of the activities and determine the conditions themselves. Activities can be offered with or without charge and may be subject to further collateral clauses.

§ 2 Contact details

Gunia UG (limited liability), Haselhöfer Ring 9, 30916 Isernhagen, e-mail: booking@calengoo.com. Commercial register number: HRB 206637 Legal notice: https://www.calengoo.com/buchungssystem/impressum.html

§ 3 Activities

1. The providers are solely responsible for the activities offered as well as for their execution. We only offer a portal to present the activities and for uncomplicated administration. Contracts for the booking or implementation of activities, whether fee-based or free of charge, are concluded exclusively between the provider and the user. We will neither act as a vicarious agent of the provider nor as a contract broker or payment agent.
2. The Provider shall determine the contractual and in particular payment terms for each activity and shall inform the Users of the payment service providers accepted by the Provider for payment processing. The provider also determines which data the user must provide in order to book the activity. We have no influence on either the payment conditions or the payment processing and in case of default we regularly refer to the contractual relationship between provider and user.

§ 4 User accounts

1. The provider determines whether registration and creation of a user account is necessary for booking an activity. If a user account is required, the user only has to provide a name (alias is sufficient), an e-mail address and a password. Furthermore, the provider determines which information the user must enter to book an activity.
2. The use of our portal is generally reserved for adult users. Users who have reached the age of 15 are only entitled to use our portal if their legal guardians expressly agree to the use of the portal. Users are responsible for ensuring the confidentiality of their account, password and for restricting access to their terminal equipment. To the extent permitted under applicable law, users agree to be responsible for all actions taken through their account. Users should take all necessary steps to ensure that their account information remains confidential and is not made available to third parties.
3. The use of our portal is only permitted within the limits permitted by law and in particular we point out that we will report criminal offences and will not tolerate harassment or inconvenience to third parties.
4. We reserve the right to block user accounts due to violation of these terms and conditions, against applicable law or against common decency.

§ 5 Availability

We make our portal available 24 hours a day. However, it can happen that due to maintenance work or Internet failures, there may be interruptions in availability. Although we will try to remedy faults immediately, we cannot assume any responsibility for the permanent availability.

§ 6 Contents

1. Users and providers (hereinafter jointly referred to as “Users”) will not introduce or transmit any content with illegal or immoral content to the portal. In particular, the activities offered may not violate applicable law and may not contain racist, pornographic or sexist content. This also applies to communication content, insofar as we enable users to communicate with each other. This also applies to display names created by the user. The user has no claim to the allocation of a specific name. The chosen name must not infringe the rights of third parties (in particular copyright, personal rights, trademark rights, company rights etc.) and must not offend common decency, e.g. offend the religious feelings of third parties, be racist, discriminatory, pornographic or sexist. We expressly distance ourselves from such behaviour. We are entitled to change or delete the name chosen by the user, both for technical and ethical reasons, without the user’s consent.
2. The user is not permitted to distribute commercial advertising for products or programs on our portal. The user may also not refer to offers with such content.
3. The user is forbidden to store, use, publish, transmit and distribute on the portal any content that violates applicable law or infringes the rights of third parties. In particular, the user may only post content to the extent that he is entitled to do so under the applicable copyright regulations.
4. We are entitled to prevent any infringements of this § 5. We are also entitled to delete corresponding contents of the user. This also applies if there are concrete indications of a violation of these terms of use or if the contents are otherwise illegal. There is no claim to the restoration of deleted contents.
5. We are entitled to use suitable measures and programs to detect breaches of contractual obligations by users, in particular to check individual actions for plausibility and compatibility.
6. In the event of a culpable breach of contractual obligations by the user, in particular § 5.1 to 5.3, we are entitled to block the user’s access after prior warning and threat of blocking. A warning is not necessary if the user has committed a violation, the acceptance of which would be unreasonable for us if we were to issue a mere warning. This applies, for example, to breaches of the code of conduct.
7. The provisions of this § 5 do not restrict our right to terminate the contract - in particular to terminate the contract for cause. Neither do they restrict our right to exercise virtual domiciliary rights.

§ 7 Liability

1. We provide our services to users free of charge and are therefore only liable for damages in the event of damage caused by gross negligence or intent.
2. The above mentioned limitations of liability do not apply to the liability for injury to life, body and health or in case Gunia UG assumes a guarantee or liability according to the product liability law. The liability of Gunia UG within the scope of application of § 44a TKG remains unaffected.
3. A change of the burden of proof to the disadvantage of the user is not connected with the above regulations.
4. We are not liable for damages from contracts concluded between the user and the provider via the portal. It is the sole responsibility of the provider to formulate contracts with third parties via the portal and to carry out the activities and to comply with the associated traffic safety obligations. Likewise we are not liable for damages in connection with or with the execution of contracts about activities between provider and user.

§ 8 Data protection

We respect the protection of personal data of providers and users and adhere to the legal regulations. Please note our privacy policy.

§ 9 Final provisions

1. We reserve the right to make changes to the portal, to the rules and regulations including these terms of use at any time.
2. If any provision in these Terms of Use is invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
3. The invalidity of a provision shall not affect the validity of the other provisions of the contract and should be replaced by another legally permissible provision that reflects the meaning and purpose of the invalid provision.

Isernhagen, August 2020