EU Consumer Amendments

In this article

• These are the EU Consumer Amendments.
• Information on the Withdrawal Right
• (b) Attendees’ Legal Withdrawal Rights: Contact the Organiser of Your Event

These are the EU Consumer Amendments.#

If you are a User located in the European Union who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following changes to the Terms of Service apply to you:

1. Section 7 (Disclaimer of Warranties) of the Terms of Service is deleted and replaced with the following:
   1. Humanity Circle uses commercially reasonable efforts to provide the Services without interruptions and such that transmissions are error-free. However, by nature of the Internet, this cannot always be achieved. In addition, Humanity Circle may take some or all of the Services down for planned repair or maintenance from time to time. Humanity Circle will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
   2. Humanity Circle does not assume any warranty for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Humanity Circle has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-Organisers’ and Organisers’) content or listings, or the ability of any User (including Attendees and Organisers) to perform or actually complete a transaction and Humanity Circle is not affiliated with, and has no agency or employment relationship with, any third party service provider used by Users in conjunction with the Services, and Humanity Circle has no responsibility for the acts or omissions of any such third parties. However, Humanity Circle wants its customers to report any misconduct in connection with the Services by contacting usat support@wellness.humanitycircle.com.
2. Section 8.1 (Limitation of Liability) of the Terms of Service does not apply to (a) any damages caused by any personal injury or death caused by Humanity Circle’s negligence, and (b) any damages caused by Humaity Circle’s gross negligence or intentional misconduct, in each case, for which Humanity Circle’s liability shall be unlimited. In addition, for failing to discharge obligations the nature of which is essential to the performance of the Services and the purposes of the Terms of Service, Humanity Circle’s liability shall be subject to Section 8.1 (Limitation of Liability) of the Terms of Service, but the limits shall be amended to include typical and foreseeable damages arising from such failures. The provisions of the German Product Liability Act remain unaffected.
3. Section 6.1 (Release) is deleted.
4. Section 23 is amended such that the law of the EU country in which you reside applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
5. The following Withdrawal Rights are added as a new Section 28:
   1. Legal Cancellation Rights for Services Performed By Humanity Circle.

The following applies only to Organisers that are consumers (i.e., individuals acting for purposes which are wholly or mainly outside their trade, business, craft or profession while using the Services):

You may have a legal right to withdraw your agreement without giving any reason within a 14 day withdrawal period. In the case of a contract for services this withdrawal period expires 14 days from the day the contract was concluded. For goods, the withdrawal period expires 14 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires, physical possession of the goods (or of the last good in case of multiple goods; or of the last lot or piece in case of goods consisting of multiple lots or pieces; or on the first good in case of the regular delivery of goods). By creating an event and commencing the sale of tickets or registrations, you consent to and expressly request that the performance of the Services begins before the 14 day withdrawal period has expired and that you will not benefit from a legal right to withdraw once the related Service (e.g., the sale of a ticket or registration on the Services) has been fully provided.

Information on the Withdrawal Right#

Right of withdrawal

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

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us

Gregg, Huamnity Circle, Schlieperstr 28, 13507, Berlin

Email: support@wellness.humanitycircle.com Attn: Legal Department

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back, if any, or you have supplied evidence of having sent back the goods, if any, whichever is the earliest.

You shall send back any goods ordered without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

You will not benefit from a legal right to cancel your contract with HumanityCircle if your contract with Humanity Circle is for the provision of services related to leisure activities for a specific date or period.

(b) Attendees’ Legal Withdrawal Rights: Contact the Organiser of Your Event#

If you are an Attendee, your contract for tickets and registrations is between you and the Organiser. You must therefore inform the Organiser of the applicable event that you wish to withdraw from your contract.

If you benefit from a legal right to withdraw your purchase of tickets or registrations, you will need to inform the Organiser to exercise it. Please see the information the Organiser has provided to you for further details. However, please note that you will not benefit from a legal right to withdraw your contract if:

1. Your contract with the Organiser is for the provision of services related to leisure activities for a specific date or period (e.g., a ticket for a concert on a specified date);
2. The Organiser is an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession; or
3. You are not an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession.

Your contract with the Organiser is fully performed by the Organiser within the 14 day withdrawal period. (e.g. if you purchase a ticket for an event taking place in 7 days’ time, you cannot attend that event and then exercise your legal right to withdraw).