General Terms and Conditions for Software-as-a-Service Services by Guestlst (hereinafter: “GTC”)

§ 1 General Information, Scope, and Contractual Relationships

(1) Guestlst offers services related to ticketing and event promotion. On the platform, events can be managed, and tickets for various organizers’ events (hereinafter: “Organizers”) can be offered for sale. Events may also be integrated and promoted by Guestlst on third-party websites. Tickets entitle the holder to attend the respective events in accordance with the organizer’s conditions.

(2) These GTC apply to all contracts between Guestlst and customers for the use of the platform, in particular for listing events, purchasing tickets, and related services – regardless of whether the customers are organizers, participants, or buyers.

(3) Unless expressly stated otherwise, Guestlst itself is not the organizer of the advertised events and not the ticket provider but acts solely on behalf of the respective organizer.

(4) For the conclusion of contracts on the platform, the following applies:

• (a) By placing a binding order for tickets, contractual relationships arise exclusively between the organizer and the participant.
• (b) No contractual relationship exists between Guestlst and the participant. Guestlst acts solely as a representative on behalf of the organizer.
• (c) When an organizer sets up a user account, a contract for the use of the platform and mediation of ticket contracts is concluded.

(5) Guestlst’s services are provided exclusively based on these GTC. Conflicting customer terms and conditions do not apply.

(6) The contractual language is exclusively German.

I. Use of the Platform

§ 2 Conclusion of Contract

(1) A user account is required to use all functions. It consists of an email address and a password.

(2) Upon completion of the online registration, a free user agreement is established.

(3) Each customer may create only one user account, which can be used both as a participant and as an organizer.

(4) The customer assures that the information provided is accurate. Pseudonyms are not permitted.

§ 3 Obligations of Guestlst

(1) Guestlst grants a simple, non-transferable right of use.

(2) Guestlst endeavors to ensure uninterrupted operation of the platform.

(3) Guestlst may temporarily restrict access to the platform (e.g., for maintenance or capacity reasons).

(4) There is no entitlement to specific functionalities.

§ 4 Obligations of the Customer

(1) Login data must be kept confidential.

(2) The following are prohibited, among others:

• Use of software, scripts, or databases to interfere with operations;
• Copying or modifying data without necessity.

(3) Disruptions or suspected fraud must be reported to Guestlst immediately.

§ 5 Personal Data

(1) Use of the platform requires the storage of personal data (including IP address). The customer consents to this.

II. Ticket Purchase by the Buyer

§ 6 Contract Term / Termination

(1) The contract is of indefinite duration and may be terminated at any time without notice.

(2) The right to extraordinary termination remains unaffected.

(3) An important reason exists in particular in the case of a serious breach of duty.

(4) Termination may be made by email or via the user account. Guestlst may also block or delete accounts (e.g., after more than one year of inactivity).

(5) Upon termination, access to all platform functions ceases.

§ 7 Conclusion of Ticket Contracts

(1) Guestlst mediates tickets on behalf of the organizer. Guestlst has no obligation to execute the event.

(2) The event presentation constitutes a binding offer. By clicking “Buy now,” a contract is concluded between the participant and the organizer.

(3) Any participation terms of the organizer are part of the contract.

(4) Guestlst does not verify event descriptions or monitor event execution.

(5) Cancellations or refunds are handled exclusively by the organizer.

§ 8 Prices

All ticket prices include statutory value-added tax. No shipping costs apply.

§ 9 Payment

For credit card payments, the charge is made immediately upon ordering.

§ 10 Delivery

Tickets are delivered as PDF files or by email.

III. For Organizers, API Users, and Advertisers

§ 11 Mediation by Guestlst

(1) The organizer confirms that they will hold the event themselves.

(2) Guestlst acts as an intermediary on behalf of the organizer but is not obliged to fulfill the contract.

(3) Guestlst may involve third parties in the processing.

(4) In case of violations, extraordinary termination pursuant to § 6 is possible.

(5) The organizer must keep event information up to date at all times.

§ 12 Advertising by Third Parties

Unless otherwise agreed, third-party advertisements may appear on event pages and tickets.

§ 13 Rights of Use

(1) Organizers/advertisers warrant that they hold the necessary rights.

(2) Organizers and API users grant Guestlst an unrestricted, transferable right of use to the content. Attribution of authorship is not required.

(3) Advertisers grant Guestlst the necessary rights (e.g., trademark or online media rights) to publish advertisements as needed.

IV. Miscellaneous

§ 14 Set-off / Retention

(1) Set-off is only permitted with undisputed or legally established claims.

(2) A right of retention exists only for claims arising from the same contractual relationship.

§ 15 Warranty

(1) The statutory provisions apply depending on the contract type (e.g., sales law, rental law, etc.).

(2) For the platform, the provisions of service or agency contracts apply.

§ 16 Liability

(1) Guestlst is fully liable for intent and gross negligence, as well as for injury to life, body, or health.

(2) In cases of slight negligence, Guestlst is only liable for the breach of essential contractual obligations (“cardinal obligations”) and only for foreseeable, typical damages.

§ 17 Changes to Platform/API and Termination Right

(1) Guestlst may modify the platform/API and will inform users in advance by email.

(2) Organizers/API users bear the cost of necessary adjustments.

(3) In the case of significant changes, a special termination right exists up to one week after they take effect.

§ 18 Final Provisions

(1) If any provision is invalid, the remainder remains valid.

(2) Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(3) The place of jurisdiction is Olten (Switzerland), provided the customer is a merchant or legal entity.

(4) Guestlst may transfer the contract to another company. In this case, the customer has a special right of termination within one week after notification.