General terms and conditions
The mediation is operated by JaJoCo GmbH (hereinafter referred to as "Agency"):
JaJoCo GmbH
Represented by the managing director Paul Janus
Chemnitzer Str. 11
12621 Berlin
Phone: +49 (0) 30 50154408
E-mail: info (at) jajoco.com
§ 1 SCOPE OF APPLICATION
1. The following General Terms and Conditions apply to all offers/services on the website JGA-Party.com. This is an online platform for the mediation of activities for events such as bachelor and bachelorette parties.
2. Deviating, conflicting, or supplementary general terms and conditions of the customer, provided they are entrepreneurs, do not become part of the contract unless their validity is expressly agreed upon in text form (§ 126b BGB).
3. These General Terms and Conditions are provided to the customer in the form of a permanent data carrier. Additionally, they are accessible and printable in their applicable version at JGA-Party.com / Terms and Conditions for the duration of the contract.
4. The contract language is German.
5. The use of the service as a customer is not permitted for minors and other natural persons who are not or only partially legally competent.
§ 2 SUBJECT MATTER OF THE CONTRACT
1. Upon the binding acceptance of the customer's booking request, a contract for the mediation of the activity is concluded between JaJoCo GmbH (Agency) and the customer, as well as a service contract between the provider and the customer regarding the event.
2. The Agency's services consist solely of mediating the activity and maintaining the website for booking. The Agency does not owe a successful mediation.
3. The provider's service consists of performing the service according to the agreed scope. In this respect, the Agency makes declarations on behalf of and under the authority of the provider. The fulfillment of the mediated service contracts is exclusively between the provider and the customer. Providers are not subject to the Agency's instructions when executing the mediated service contracts and are not vicarious agents of the Agency. Each provider is independent and acts on their own account.
§ 3 CONSENT DECLARATION
The customer agrees that their personal data (name, telephone number, and e-mail address) and other necessary data required during the booking process are electronically stored and processed by the Agency. The data and texts transmitted electronically are treated confidentially and are subject to data protection regulations in accordance with the privacy policy and legal provisions.
§ 4 BOOKING PROCESS AND CONTRACT CONCLUSION
1. The customer can obtain information about the mediated activities on the website without registration. Search options are also available via a form.
2. The customer can use different forms for a non-binding request to the Agency. These forms are accessible through the "Request" subpage. Mandatory fields related to the event (e.g., date, time, location) and personal data (name, address, e-mail, telephone number) are marked with "*". Additional information for customizing the request can also be provided. The customer accepts that activity page details (photos, etc.) may vary as published images may not be up to date. After submitting the request, the customer receives an e-mail repeating the request details.
3. Based on the customer's request, the Agency endeavors to create a personal, non-binding proposal tailored to the customer's request, which may also include deviations, particularly due to the availability of certain activities. The non-binding proposal contains necessary details about the activity and the total price and is sent via e-mail to the customer's provided e-mail address. The customer can initiate the actual booking process by clicking the "Book Now" button, which redirects them to the Agency's website, but this does not create contractual obligations.
4. On the website where the customer is redirected after clicking the link, the proposal is displayed in more detail, including information about the activity, services such as duration and type of activity. The customer must review the offer carefully. By clicking the "Pay mediation fee and book bindingly" button, the customer submits a binding offer for booking the activity and agrees to the General Terms and Conditions. After clicking the button, the customer is redirected to the payment provider's website for payment processing. Payment is a necessary prerequisite for submitting a binding offer. The payment data entered is not stored by the Agency but by the selected payment provider. The respective data protection provisions of the payment service provider apply. The customer receives an automatically sent order confirmation upon receipt of payment, confirming the content and receipt of the booking offer.
§ 5 CANCELLATION BY THE CUSTOMER
1. When booking an activity for a specific event time determined by the customer, it is a service related to leisure activities, where the contract provides for a specific date under § 312g Abs. 2 No. 9 BGB. As a result, the customer, even if they are a consumer, does not have a statutory right of withdrawal.
2. The customer has the right to cancel the contract with the provider in accordance with the provider's cancellation conditions. The customer is responsible for independently obtaining information about any associated costs from the Agency before making the cancellation.
§ 6 PRICES, PAYMENT, TERMS OF PAYMENT
1. The prices, including applicable taxes, are derived from the non-binding personal proposal and the order confirmation. In case of discrepancies, the order confirmation prevails.
2. The customer pays the Agency's mediation fee when submitting the binding booking offer. Various payment methods are available. Upon request, the Agency provides the customer with an invoice compliant with tax regulations, sent with the order confirmation.
3. The provider's costs are invoiced separately to the customer after the booking process is completed and must be paid according to the payment terms stated in the invoice, usually within 7 days, but in any case, before the activity start time.
4. Agreements regarding invoicing, fees, payment methods, etc., are exclusively made with the Agency and not with the provider.
§ 7 PHOTOS, VIDEOS OF THE EVENT
Photos and videos may generally be taken but not published and are intended only for personal, non-commercial use unless otherwise agreed with the provider. Publication on video portals or internet platforms, including social media, is prohibited without the provider's consent.
§ 8 LIABILITY
1. The Agency is not liable for the execution of the service contract and related services by the provider or customer.
2. The Agency strives for uninterrupted operation of the platform but acknowledges that complete and seamless availability is technically not feasible. Maintenance, capacity issues, or external events may temporarily restrict access.
3. Unlimited liability: The Agency and its legal representatives are fully liable for intent, gross negligence, guarantee assumption, and damages to life, body, or health.
4. Product liability regulations remain unaffected.
5. The provider is solely liable for damages incurred by the customer related to service execution under statutory provisions.
§ 9 FINAL PROVISIONS
1. This contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available.
2. The law of the Federal Republic of Germany applies, whereby the legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
3. The European Commission provides an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr. The agency is not obliged to take part in dispute resolution proceedings before a consumer arbitration board and does not take part in them voluntarily.
4. The agency will inform the customer in advance of any changes to these conditions, at least in text form. If the customer does not object to the change in text form (e.g. by email) within at least 4 weeks of notification of the change, this is deemed to be acceptance of the change; The agency will point this out in the change notifications.