General Terms and Conditions

^{for the use of the online platform PianoMe}

 

^{§ 1 Scope, definitions}

^{(1) The online platform PiaonoMe is operated by REH Commerce UG (haftungsbeschränkt) and is referred to as a “platform” in these General Terms and Conditions.}

^{(2) The business relationship between the platform and the customer is governed exclusively by the following General Terms and Conditions. Deviating general terms and conditions of the customer shall not be accepted unless the platform expressly consents to their validity in writing.}

^{(3) For the purposes of these General Terms and Conditions of Business, (i) a consumer means any natural person who enters into the contract for a purpose which cannot be attributed to either his or her professional activity (§ 13 of the German Civil Code – BGB) and (ii) is an “entrepreneur” a natural or legal person or a legal partnership which, at the time of conclusion of the contract, acts in the exercise of its professional or self-employed activity (§ 14 paragraph 1 BGB).}

^{(4) Contracts with customers are concluded in German or English. If the customer places an ordered on our German-language site, the German version of these General Terms and Conditions shall accordingly prevail. If the order is placed on our English-language site, the English version of these General Terms and Conditions shall prevail.}

^{(5) The role of the platform is limited to offering the platform and providing services. On the platform, private persons and entrepreneurs can offer training rooms for musicians (hereinafter referred to as the “Music Training Room”) for hire (hereinafter referred to as “Provider”), which can be booked by users of the platform (hereinafter also referred to as the “booker”). The payment processing between the provider and the booker is carried out via the platform. Contracts for the renting of a Music Training Room shall be concluded between the provider and the booker. Providers and bookers are also referred to as customers.}

^{§ 2 Registration}

^{(1) If you wish to offer or book Music Training Room for rent on our platform, you must first register. Registration is done via the appropriate button in our main menu. During registration, the contact person’s first and last name and, if requested, any confirmation as well as an address and a valid e-mail address and a password must be provided and these Terms and Conditions accepted.  The customer will provide the platform with the necessary documents for an identity check (e.g., identity card).}

^{(2) The customer can change and view the data at any time before sending the registration. The registration data is stored with respect to data protection.}

^{(3) The customer is obliged not to make their access data available to third parties. After sending the registration, the customer will receive an e-mail with a link confirming the registration.}

^{(4) The customer is obliged to provide truthful information.}

^{(5) The customer can delete his profile/offer at any time by informing us about this request or by deleting it by the appropriate selection in the customer area.}

^{(6) Upon request of the platform, the customer will provide the platform with further necessary documentation, if this is necessary for the use of certain additional options that are freely selectable by the customer.}

^{§ 3  Contract conclusion booking}

^{(1) The booker can select an object from the offers presented. In order to make a binding booking, registration for the platform is first required.}

^{(2) A music practice room is booked as follows:}

^{a. “Instant Booking” Function}

^{In the case of advertisements with the “Instant Booking” function, this is explicitly shown in the display. In such cases, the offer is legally binding on the provider. By clicking on the “Book” button, the customer can first select a specific date and time (possibly several periods). By clicking the “Book” button again, the customer arrives at the booking process. Other information about the booking (for example, the number of people using the room and the purpose of the use of the room) must be entered and checked and a means of payment selected.}

^{By clicking the “Confirm payment” button, the booker declares that the selected music training room has been legally accepted for the selected period and at the displayed price at the selected provider. Prior to sending the booking, the booker can view the data at any time (the magnification function of the Internet browser can be helpful for this purpose) and modify it by entering it. However, the application can only be submitted and transmitted if the booker accepts these terms and conditions by placing an appropriate tick next to “Terms and Conditions” and has thereby included them in the application.}

^{The platform then sends the booker an automatic acknowledgement of receipt by e-mail, in which the booking is listed again and which the booker can print out via the “Print” function.}

^{b. “Request Booking” Function}

^{Advertisements that do not have the “Instant Booking” function are not binding.}

^{By clicking on the “Request Booking” button, the customer can first select a specific date and time (possibly several periods). By clicking the “Request for Booking” button again, the customer arrives at the booking process. Other information about the booking (for example, the number of people using the room and the purpose of the use of the room) must be entered and checked and a means of payment selected.}

^{By clicking the “Send Booking Request” button, the booker explains the legally binding booking of the selected music training room for the selected period and at the displayed price at the selected provider. Prior to sending the booking, the booker can view the data at any time (the magnification function of the Internet browser can be helpful for this purpose) and modify it by entering it. However, the application can only be submitted and transmitted if the booker accepts these terms and conditions by placing an appropriate tick next to “Terms and Conditions” and thereby including them in their application.}

^{If the Provider confirms the legally binding booking of the Booking Party, the Booking Party will receive a notification. The booking is concluded for both sides and is legally binding.}

^{The platform sends the booker an automatic e-mail acknowledgment, in which the booking is listed again and which the booker can print out via the “Print” function. The automatic acknowledgement of receipt merely documents that the booking of the booker has been received by us.}

^{(3) The booker is entitled to cancel the booking of the music training room free of charge for up to 24 hours before the booking is due to begin.} 

^{§ 4 Provisions of services}

^{The time of performance by the provider is determined by the booking request of the booker, provided that the price due is paid in advance. The provider is also solely responsible for ensuring that the booker receives all the documents and information required by law or that they have been made available (for example, any special Lessor’s Terms and Conditions), at the latest at the beginning of the performance of the booked services.}

^{§ 5 Prices and payment methods}

^{(1) The prices are understood as final prices including any statutory VAT.}

^{(2) Unless expressly agreed otherwise, the service is provided only against prepayment. The available payment methods will be displayed before booking.}

^{(3) Payment shall be made to the platform with discharge of liabilities. The platform shall forward the amount, less a commission agreed with the provider, to the provider.}

^{§ 6 Warranty/Guarantee}

^{The provider shall be liable in accordance with the applicable legal regulations.  An additional guarantee shall only exist if it has been expressly provided.}

^{§ 7 Evaluation function / Feedback}

^{(1) An evaluation function is integrated on the platform to enable providers to be assessed. The rating is published with the user name.}

^{(2) The evaluator is solely responsible for the content of the assessment made. All assessments shall be true}

^{§ 8 Limitation of liability}

^{(1) The content of advertisements is the sole responsibility of the respective provider. The platform will not be party to a contract concluded between the provider and the booker.}

^{In addition, the liability of the platform is subject to the following restrictions.}

^{(2) Claims of the customer for damages are excluded. This excludes claims for damages by the customer arising from the injury to life, the body, health or from the violation of essential contractual obligations (cardinal obligations) and liability for other damages; which are based on a deliberate or grossly negligent breach of duty of the platform, its legal representatives or vicarious agents. Essential contractual obligations are those which are necessary to achieve the objective of the contract.}

^{(3) In the event of a breach of essential contractual obligations, the platform shall be liable only for the contract-typical, foreseeable damage, if it was simply caused by negligence, unless it concerns claims for damages on the part of the customer arising from an injury to life, body or health.}

^{(4) The limitations of the paragraph 2 and 3 shall also apply in favour of the legal representatives and vicarious agents of the platform if claims are made directly against them.}

^{(5) Even when the utmost care is applied to the current state of the art technologies, no guarantee for unlimited technical usability can be assumed. Due to capacity limits, safety requirements and maintenance work, temporary technical failures may occur which, when possible, will be announced in advance.}

^{§ 9 Specific rules for providers}

^{The following additional provisions apply only to providers:}

^{A. Pricing / Payment terms}

^{(1) Unless expressly stated otherwise in the individual case, all prices given by the platform shall be treated as final prices, including any applicable VAT}

^{(2) Payment requests of the platform are due immediately. The outstanding amount shall be remunerated during the delay at the applicable statutory interest rate. We reserve the right to claim further damage caused by delay. In respect of merchants, our claim on the commercial maturity interest (§ 353 HGB) remains unaffected.}

^{B. Services of the platform}

^{(1) After successful registration confirmed by the platform, the use of the platform is in principle possible free of charge and costs are incurred only in the case of successful contracts as follows: the provider pays a commission of 15 % of the price obtained on successful booking by a booker, but in any case at least EUR 1,50 per successful booking. If the booker cancels the booking or successfully exercises a right of withdrawal in accordance with section 2.5, no commission is payable. If no payment is made by the booker, no commission will be charged to the provider. However, if the contract is concluded effectively, the provider shall be entitled, in accordance with the general legal conditions, but shall not be obliged to claim payment of the agreed amount from the booking party; In the event of successful use, the provider will inform the platform and will subsequently calculate the commission due.}

^{(2) Furthermore, the platform reserves the right to offer certain optional, chargeable additional packages that can be booked via the platform.}

^{(3) The booker pays with debt-relief effect to the platform. Each payment receipt shall be immediately reported by the platform to the provider. The platform then prepares a statement to the provider and forwards the payment amount, less the commission, to the provider via the payment service Stripe or Paypal; depending on the payment service through which the booker made the payment. For technical reasons, there are no other payment options.}

^{(4) The platform acts as a representative for the provider in order to accept bookings on behalf of the provider. For this purpose, the provider authorises the platform.}

^{C. Creation of advertisements}

^{(1) The provider can create advertisements in the logged-in area by selecting them in the main menu.}

^{(2) The content of the advertisement is the sole responsibility of the provider. In particular, it must be ensured that the advertisement, including any picture or video material, does not infringe any legal provisions, such as copyright provisions or mandatory provisions on the protection of minors.}

^{(3) The platform is entitled to remove inappropriate content from advertisements and to block the corresponding provider.}

^{(4) The provider shall, upon first request, release the platform from all claims of third parties that are asserted against the platform on the basis of a violation of legal regulations: insofar as this right is attributable to an advertisement from the provider.  The exemption shall include all costs resulting from it, including appropriate legal defence. In particular, the provider will support and encourage the platform in the defence against the above claims by issuing declarations, such as affidavits, as well as other information: that claims by third parties are asserted directly against the provider himself. Further claims against the provider, in particular claims for damages, are expressly reserve.}

^{D. Obligations of the provider}

^{(1) Advertisements posted by the provider are legally binding. If a contract with the booker is concluded, the provider is obligated to provide the correct service.}

^{(2) Providers offering or selling services to consumers in the course of their professional or self-employed activity; are obliged to provide them with the consumer information required by law and to inform them of the existence or non-existence of the right to withdrawal.}

^{(3) It shall be prohibited to handle a request placed on the platform by bypassing the platform: this also means that payments by the booker are not permitted at the location and that the booker may not be reminded of a booking decision outside the platform via the contact function.}

^{(4) In the event of a breach of obligations, the platform reserves the following rights: a) partial and complete deletion of the contents of a customer, b) warning of a customer, c) restriction on/use of the platform, d) temporary blocking of a customer, e) Final suspension/termination of a customer.}

^{(5) The provider is responsible for updating the availability of the rooms they offer for rent.}

^{§ 9 Cancellation Policy}

^{(1)  When a sale is concluded at a distance, consumers shall in principle have a legal right of withdrawal, which the platform shall subsequently inform in accordance with the statutory design. In paragraph (2), there is a sample withdrawal form, and in paragraph (3) Indication of early termination of the right of withdrawal.}

Notice of withdrawal

^{Right to withdrawal} 

^{You have the right to withdraw this contract within 14 days without giving any reason.} 

^{The withdrawal period shall be 14 days from the date of conclusion of the contract.}

^{To exercise your right of withdrawal, you must contact us (REH Commerce UG (haftungsbeschränkt), Ittenbachstr. 3, 45147 Essen, Tel.: +49 176 477 99 640, E-mail: admin@piano.me) by means of a clear statement (for example, a letter sent by post, fax or e-mail) informing you of your decision to cancel this contract. You may use the attached revocation form template, which is not required.}

^{In order to respect the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.}

^{Consequences of withdrawal}

^{If you cancel this contract, we will have all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a different type of delivery than the most favourable standard delivery we offer)shall pay back without delay and at the latest within 14 days of the date on which the notification of your withdrawal of this contract was received by us. For this repayment, we shall use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this reimbursement. If you have requested that the services start during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services up to that date, where you inform us of the exercise of the right of withdrawal in respect of this contract, the services already provided are equal to the total scope of the services provided in the contract.}

^{(2) The platform informs about the revocation form template according to the legal regulations as follows:}

^{Renovation form template}

^{(If you wish to cancel the contract, please fill out this form and send it back.)}

^{To REH Commerce UG (haftungsbeschränkt), Ittenbachstr. 3, 45147 Essen, E-mail: admin@piano.me:}

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^{I/we (*)Hereby revoke(s) the contract concluded by me/us (*) for the purchase of the following goods (*)/for the provision of the following service (*)}

^–

^{Ordered on (*)/received on (*)}

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^{Name of consumer(s)}

^–

^{Address of customer(s)}

^–

^{Signature of customer(s) (only for notification made on paper}

^–

^Date

^{(*) Delete where not applicable}

^{(3) The right of withdrawal expires in the case of a contract for the provision of services, when we have provided the service completely and when we have only begun to perform the service after you have given us your express consent and at the same time have confirmed your knowledge that:  You lose the right of withdrawal with complete fulfilment of the contract by us.}

^{§ 10 Termination}

^{(1)Membership as a registered user is unlimited in time. The User may terminate the Membership at any time with immediate effect without giving any reason for cancelling the profile or informing us of this request.}

^{(2)The provider is also entitled to exclude a user from participating or to discontinue the service altogether without giving any reasons. A period of notice of 6 weeks should therefore be observed.}

^{(3)The right of termination for important reasons remains unaffected for both sides. An important reason for the platform is, in particular, if a customer commits serious breaches of duty against the law or these Terms and Conditions.}

^{§ 11 Data protection}

^{The Platform shall comply with the applicable data protection regulations. Further information about data processing and your rights (Right to access, right to rectification or deletion, right to restriction of processing, right to object to processing, right to data transferability) can be found in our data protection notices.}

^{§ 12 Final provisions, dispute resolution}

^{(1) The law of the Federal Republic of Germany shall apply to contracts between the customer and the platform, excluding private international law. The legal provisions restricting the choice of law and making mandatory provisions applicable, in particular. the State in which the consumer has his permanent residence shall remain unaffected.}

^{(2) If the customer is a merchant as defined by  Section 1 (1) of the German Commercial Code (HGB), a legal person governed by public law or a special fund under public law, the courts responsible for 45139 Essen, Germany are exclusively responsible for all disputes arising from or in connection with the contractual relationship in question.  In all other cases, we or the customer may file suit before any court of competent jurisdiction.}

^{(3) We are not prepared or obliged to participate in dispute resolution procedures before a consumer objection body.}

^{The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. Our e-mail address is: admin@piano.me}