Terms of use
Version from 26.03.2021
These Terms of Use are intended for end customers or booking users.
If copies of these GTC have been made in languages other than German, only the German version is binding for anny and the provider.
anny GmbH offers end customers the opportunity to book or purchase resources posted by providers on the platform provided.
These Terms of Use constitute a binding agreement between anny and the end customer. By using the platform provided by anny, the end customer agrees to be bound by these terms.
§ 1 Offer, management of resources
- anny offers end customers a simple and quick way to book and purchase the resources posted on the platform by the providers. These resources can be, in particular, employees, objects, areas, rooms, the administration of tickets and registrations, and the offer of other services. These resources can be provided free of charge or subject to payment by the provider.
- anny is neither creator nor organizer or owner of the resources posted by the providers. anny merely provides the platform for the mediation of these resources and enables the end customer to book or purchase the posted resources in this way. anny supports the bringing together of providers and end customers.
- The provider is solely responsible for ensuring that all resources it offers comply with applicable rules, regulations and laws and are properly provided within the scope of the representation offered. Furthermore, the provider is solely responsible for ensuring that the resources it offers are actually available.
§ 2 Registration, customer account
- To be able to book or purchase resources on anny more easily, registration (customer account) is possible. Registration is usually optional. A provider may require registration for certain resources.
- The data provided during registration must be true, accurate, current and complete in order to use the anny service. Furthermore, the end customer is obliged to keep his registration data up to date.
- By using Customer's account, End Customer is responsible for ensuring the confidentiality of its account and password and for restricting access to such account and, to the extent permitted under applicable law, End Customer agrees to be responsible for all activities that occur through its account or password.
- End Users may not use anny in any manner that is likely to interrupt, damage or otherwise impair the service of anny or access thereto. Further, End Users may not use their account for fraudulent purposes or in connection with any crime or unlawful activity.
§ 3 Access to anny/License
- The end customer is obliged to comply with the security requirements corresponding to the technical state of the art. This includes in particular the use of secure passwords. In addition to keeping passwords secret, the unauthorized use of anny by third parties must be prevented.
- The end customer will inform anny immediately if he/she becomes aware of or suspects misuse of access data or passwords. In this case, anny is entitled to block access to anny until the circumstances have been clarified and the misuse has been stopped. The end customer is liable for any misuse of access to anny for which he is responsible.
- No service provided by anny may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent.
- The entire content of anny platform is the property of anny or third parties. End Users may not extract and/or re-utilize parts of the Platform without the express written consent of anny or the provider. In particular, End Users shall not utilise any data mining, robots, or similar data gathering or extraction tools to extract any substantial parts of anny for re-utilisation without the express written consent of anny.
§ 4 Payment processing
- anny enables end customers to process resources requiring payment directly via anny.
- anny provides common payment options (including "credit card") for this purpose. A list of all payment options offered can be found on the platform.
- By processing payment via anny, anny does not become a contractual partner of the end customer regarding the booked or purchased resource from the provider. anny only handles the payment processing on behalf of the respective provider.
- The end customer expressly agrees to receive invoices digitally only.
§ 5 Termination / Term
- The customer account created at anny is created for an indefinite period of time.
- The customer account created at anny can be deleted at any time by the end customer at anny.
- anny reserves the right to close customer accounts of end customers if they violate applicable law, contractual agreements or the provisions in these Terms of Use.
§ 6 Data protection
anny is aware of the importance of the personal information of the end customer. Personal information provided to anny is subject to the privacy policy of anny.
§ 7 Liability
- There are no contractual relations between anny and the end customer regarding the execution of the booking or the purchase of resources. A contract is concluded exclusively between the end customer and the provider.
- anny is not responsible for ensuring that the resources posted by the provider are actually available or that they are designed exactly as described by the provider. The provider is responsible for the sale or for the provision of the offered resources. Any complaint on the part of the end customer as well as for all other matters arising from the contract between the end customer and the provider is the sole responsibility of the provider.
- anny shall not be liable for disruptions or damages of any kind whatsoever that are caused by circumstances beyond its control and that it could not have foreseen and avoided even if it had exercised due commercial care.
- The liability of anny for damages of the end customer are excluded. This exclusion of liability does not affect liability for damages resulting from injury to life, limb or health, or other damages resulting from an intentional or grossly negligent breach of duty by anny or a legal representative or vicarious agent of anny.
- As far as the liability of anny is excluded or limited, this also applies to the liability of anny for its legal representatives, vicarious agents and assistants as well as their personal liability.
- The platform of anny may contain links. anny is not responsible for any external links and their content.
§ 8 Booking confirmation
Resources booked via anny are confirmed to the end customer by e-mail, directly or by booking confirmation by the provider.
§ 9 Consumer law
- The end customer has a right of withdrawal from the supplier.
- Cancellation policy and cancellation form (end consumer)
- Right of withdrawal
- You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform the provider of your decision to withdraw from the contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the model withdrawal form, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the revocation
- If you revoke this contract, all payments made will be refunded immediately and at the latest within 14 days from the day on which the notification of your revocation of this contract was received by the provider. The same means of payment that you used for the original transaction will be used for the repayment, unless expressly agreed otherwise with you. In no case will you be charged for this repayment.
- If the services have already been started during the withdrawal period, you shall pay a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you informed the Provider of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
- Exclusion of the right of withdrawal
- The exclusion of the right of withdrawal shall expire in the case of a contract for the supply of digital content or the provision of services, provided that we commence performance of the contract with your express consent and you have confirmed to us your knowledge that by agreeing to commence performance of the contract you lose your right of withdrawal in respect of the digital content and the services.
- Sample cancellation form
- If you want to revoke the contract, please fill out this form and send it back: To: [Provider] [Address] Phone [ - ] Email [ - ]
- "I/We, _________________, hereby revoke the contract I/we entered into on ________ for the [ - ] Ordered on __________________ Consumer(s) Name: __________________ Consumer(s) Address: __________________ Consumer(s) Signature (on paper communication only). __________________ Date: __________________"
- The right of revocation does not apply according to § 312 g para. 2 no. 9 BGB (German Civil Code)
- for contracts for services related to recreational activities, if the contract provides for a specific date or period for the provision (e.g., concert events)
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature.
- for contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.
- for contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for contracts for the supply of goods that can spoil quickly or whose expiration date has passed quickly
- for contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications
- All other rights to which the end customer is entitled as a consumer, such as supplementary performance, reduction, withdrawal, compensation or termination, must be asserted against the respective provider.
§ 11 Alternative Dispute Resolution
- The European Commission provides a platform for online dispute resolution (ODR platform) of consumer disputes. The following link will take you directly to the EU Commission's platform for online dispute resolution: https://www.ec.europa.eu/consumers/odr
- In the event of any complaints, anny strives for an amicable and customer-oriented solution with the end customer. anny therefore does not participate in dispute resolution proceedings before a consumer arbitration board. anny is also not legally obligated to do so.
§ 12 Final provisions
Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The statutory provisions shall apply in place of any provisions of these Terms of Use that are not included or are invalid. If a statutory provision is not available in the respective individual case, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the invalid provision in economic terms.