General terms and conditions

General Terms and Conditions of Business Operation Platform and additive services IT-Kompass GmbH

These terms and conditions apply to providers of the products (hereinafter: providers) who offer and sell items via the VisitorApp platform. In the event of the purchase of offers via VisitorApp, the General Terms and Conditions of the respective providers of the products (hereinafter: Providers), which the end customer can find on the respective profile page of the Provider, shall also apply, if available.

VisitorApp is an offer of IT-Kompass GmbH (hereinafter: IT Kompass), which offers a virtual platform for regional marketplaces with a shop system for providers and end customers. End customers can purchase tickets, vouchers and coupons from the providers represented on the marketplaces in the shop system provided for this purpose.

The contractual partner of the end customer is the respective provider from whom the end customer purchases the tickets or vouchers or coupons, and who is identified as the seller on the respective customer invoice. IT Kompass merely provides the platform and the marketplaces for the sellers and is responsible for handling the sales process and dispatching the tickets and vouchers.

Part I

§ 1 Subject matter

1) These GTC become part of the respective service vouchers by means of which the "Client" is enabled to use an Internet marketplace "VisitorApp" for a limited period of time and a webshop configured and provided for him within the framework of this marketplace for a fee. Marketplace and webshop consist of "platform", databases, content and required IT infrastructure. This system is hereinafter referred to as the "platform". This gives the customer the opportunity to operate his web shop on the virtual marketplace, to advertise the services and products sold to him, to place orders and to receive contracts from "end customers". Furthermore, the "customer" is offered various services directly related to the operation of the web shops. Details of the services can be found in the respective "service certificate".

2) The services and offers of IT-Kompass are exclusively directed at entrepreneurs as defined by § 14 BGB (German Civil Code).

3) These contractual provisions are divided into three parts. Part I regulates the general terms and conditions applicable to Part II and Part III. Part II regulates the special provisions applicable to the provision of "products", while Part III regulates the provision of works and services.

4) Information pursuant to EU Regulation 2019/1150 of 20.6.2019 can be found at the bottom of the page, listed below these GTC.


§ 2 Components of the contract and definitions

1) Components of the contract

- The respective "performance certificate", which regulates services, prices, etc.

- These GTC, which concern the legal conditions of the contract.

- The annexes to the respective "performance certificate".

§ Annex AVV: Regulations on commissioned processing together with further documentation. This documentation is named in the respective "performance certificate".

§ Appendix HBV: Limitation of Liability Agreement

§ Annex SLA: Service Level Agreement results from the respective "Leistungsschein".

§ Annex ONLY usage regulations for end users

The GTC of IT-Kompass apply exclusively. General terms and conditions of the "customer" do not become part of the contract. Any formular inclusion of general terms and conditions is herewith contradicted.


2) Definitions

a) "Order processing": Is order processing in the legal sense. The required documentation can be seen from the respective "service certificate".

b) Content: is the designation of media data such as images, texts, databases, product information etc.

c) "Data": is data which the customer communicates with the "platform" to "customers of the customer", stores there, collects, transports, changes or deletes.

d) "Third party": is any other party to whom IT-Kompass has not granted any rights to use the "Platform".

e) "End Customer": is the natural or legal person who uses the services of the "Customer" and towards whom the Customer is commercially active.

f) "Client": is the contractual partner of IT Kompass with whom the respective "Service Agreement" is concluded.

g) "Terms of Use": are the regulations which the "End Customer" must comply with when using the "Platform" and which describe how personal data is processed, how payment transactions are carried out, etc.

h) "Platform": is the Internet platform made available to the client by means of which IT Kompass operates a trading portal for third parties. The "Client" will be provided with the platform required to operate the portal, including databases and data, for commercial purposes for the duration of the relevant contract.

i) "Work services": Work services provided by IT Kompass by means of which the content is maintained and attempts are made to provide the end customer with telephone assistance on behalf of the customer on possible topics relating to the subject of the contract.

j) "System": Consists of the "platform" provided and the "system environment" required for operation.

k) "System Environment": The technical environment required for the proper operation of the "Platform". The required and recommended "System Environment" is documented in the respective service description of the "Platform".

l) "Technical error": "Technical error" means that the "Platform" provided to the "Client" is not available or operates incorrectly, services such as data backup do not function/run without IT Kompass being responsible for this.

m) "Availability": means the availability of the platform on a monthly average, less the agreed interruptions such as, in particular, the "maintenance windows".

n) "Maintenance Windows" means the times during which the Platform is not available to the "Client" as agreed or is only available to a limited extent at the "Node" as a result of maintenance or repair work.


§ 3 "Availabilities", backup and maintenance windows

1) The "availability" of the "platform" is the time range in which the "customer" can use the "platform" as agreed.

2) Furthermore, a distinction is made between supervised and unsupervised operation. In the time periods marked as "supervised operation", "customers" and "end customers" can simultaneously make use of the support services of IT Kompass.

3) In the time periods specified as backup and maintenance windows, IT Kompass does not guarantee the availability of the "platform" to the agreed extent, but there may be functional restrictions or non-availabilities.

4) The statements made in the SLA regarding availability do not relate to periods in which the platform is unavailable as a result of force majeure.


§ 4 Obligations of the "Customer"

1) The obligations of the "Customer" stated in the "Service Specifications" and herein are primary performance obligations. If the "customer" does not fulfil these obligations in accordance with the contract, IT-Kompass is not obliged to provide the service and can declare the termination of the contract without notice after prior warning.

2) Should there be any defects in the use of the "Platform", the customer will immediately inform IT-Kompass of these defects. In any case, a notification by the customer must contain the following information:

- Customer name, contract number

- Name of the webshop

- Description of the defect

3) The "customer" is obliged to keep the access data provided to him/her secret from unauthorised third parties and to store it securely from access by unauthorised third parties, so that misuse of the data by third parties for access is impossible. The personal password must be changed at least once a year.


§ 5 Leasing of the platform

1) IT-Kompass rents the "platform" named in the "service certificate" to the "customer" for the agreed term. The exact content of the "platform" is set out in the technical service description, which is an appendix to the respective "service specifications".

2) The "Documentation" for the use of the "Platform" is "available online" together with the "Terms of Use".

3) Insofar as IT-Kompass makes new releases of the "Platform" available and their operation changes, it will provide the "Customer" with updated "Documentation"; para. 2 applies accordingly.


§ 6 Data Transport

1) IT-Kompass owes an effort to ensure that the "data" stored by the "customer" in accordance with the contract and the "platform" in the World-Wide-Web are retrievable by the public to the extent agreed in terms of time, taking into account the agreed "maintenance windows" and "availabilities" via the Internet or other data networks designated in the order. In this context, the term "retrieved" means that the "client" can retrieve the "data" and the "platform" by means of a browser which corresponds to the state of the art and which is named in the "performance certificate", and that the "client" as well as the "end customer" have access to the "platform".

2) However, IT-Kompass does not assume any responsibility for the success of the retrievability of the "platform", unless the network operated by IT-Kompass, including the interfaces to third party networks, is exclusively used. IT-Kompass cannot guarantee the omnipresent, ubiquitous accessibility of the platform due to the structure of the Internet and the fact that it does not select the operators and intermediaries of the data networks itself, nor does IT-Kompass have any de facto control over them.


§ 7 Temporary Blocking, Reservation

1) IT-Kompass is entitled to temporarily interrupt the connection to the "Platform" if there is sufficient suspicion that the "Customer" is storing illegal content on or by means of the "Platform" in the media provided by IT-Kompass, or is distributing such content using such media. The blocking is to be lifted as soon as the suspicion is rebutted and/or a judicial and/or official decision is available.

2) If the client wishes to continue to make the site publicly accessible even though IT Kompass has been requested by a third party to stop making the site available to the public, the client must indemnify IT Kompass against all consequences. This option does not apply if IT Kompass is obliged to block the site on the basis of an official order or other order from a public authority.


§ 8 Remuneration

1) The amount of remuneration is based on the provisions of the "Service Specification". The amounts stated are net amounts.

2) The costs of payment transactions and for the provision of services by the "customer" such as, in particular, connection of the "customer" to data networks by (e.g. Deutsche Telekom AG or other carriers) are not part of this contract.

3) Ongoing costs apply from the moment of conclusion of the "performance certificate".

4) IT-Kompass reserves the right to assert rights of retention against the "customer" in the event of payment arrears from the same contractual relationship. The "customer" will be given a corresponding warning notice if IT-Kompass reserves the usability of the "platform" and makes it dependent on the payment of the outstanding items. Alternatively, in the event of payment arrears, the "client" may also be notified by telephone and/or post that the systems will be switched off in the event of non-payment of outstanding items.

5) If a "service voucher" with a term of more than 12 months is agreed, IT Kompass is entitled to increase the fee by 2.5% in each case, calculated from the date of the increase or the date on which the "service voucher" is entered into.

6) The "Client" shall also be obliged to pay the usage fee incurred by the authorised or unauthorised use of the access by third parties, unless he is not responsible for the use. The "customer" shall be responsible for proving that he is not responsible for the use.


§ 9 Liability

1) Liability for damage caused by simple or minor negligence is limited to the extent of the risk which existed for the "Client" at the time of entering into the respective "Service Agreement" and which was recognisable to IT Kompass.

2) Claims are subject to a limitation period of 12 months from the time at which the "Client" was aware of the existence of the loss or from the time at which the "Client" should have become aware of the circumstances of the loss and reported it without gross negligence. These limitation periods do not apply in cases where damage to life, limb or health has been caused and/or in cases where the damage has been caused by gross negligence or wilful misconduct and/or in cases where the damage also involves a breach of a warranty. Claims under the Product Liability Act shall remain unaffected.

3) Insofar as the parties have individually negotiated the regulations on the limitation of liability, the regulations of the Annex HBV shall apply, which shall take precedence over the regulations of this contract.


§ 10 Force majeure

1) If IT Kompass is prevented from fulfilling its obligations to provide the possibility of using the "Platform" by the occurrence of unforeseeable circumstances for which it is not responsible and which it is unable to avert despite exercising reasonable care, e.g. in the event of operational disruptions, official intervention, pandemics, power supply difficulties, virus attacks, hacker attacks, strikes or lockouts, whether these circumstances occur in the sphere of IT Kompass or in the sphere of its subcontractors, the period for the provision of the service will be extended to a reasonable extent, provided the service is not definitively rendered impossible.

2) The provisions for the availability of the "Platform" do not apply to times when the "Platform" cannot be used as a result of force majeure events.


§ 11 Subcontractor reservation and prohibition of direct commissioning

1) IT Kompass has the option of providing the "Client" with a list showing the subcontractors with whom IT Kompass works on a permanent basis. The "client" has the option of refusing to allow IT Kompass to commission individual subcontractors. The refusal may not be made without just cause. IT Kompass is liable for the fault of the subcontractor engaged as for its own fault and is responsible for compliance with data protection and IT security regulations.

2) According to the DSGVO, IT Kompass is obliged to disclose the subcontractors. The "Client" undertakes, upon conclusion of the respective "Service Agreement" for its term and for a period of 12 months thereafter, to avoid a contractual penalty to be paid for each case of infringement, the amount of which is to be determined in each individual case by IT Kompass and the amount of which is to be reviewed by the respective competent regional court at the instigation of the "Client", in any case not less than 5. 000.00 and not more than 25,000.00, to refrain from concluding a contract with the respectively named subcontractor for the provision of contractual services.


§ 12 Duration and Termination of Contract

1) In principle, the commencement and ordinary termination options of the respective contractual relationship result from the respective "performance certificate".

2) Unless otherwise agreed in the respective "performance certificate", the following shall apply: The respective "performance certificate" shall be concluded for an unlimited period of time. Unless one of the two "contracting parties" terminates the agreement in writing three months before the respective end of the term, the agreement shall be tacitly extended by a further 12 months and the period up to 31.12 of the year in which the agreement would have ended without extension. Subsequent terms shall then commence on 1.1. and end on 31.12. of each year.

3) The right of each "contracting party" to terminate the respective "performance certificate" extraordinarily and without notice in the event of good cause remains unaffected. Good cause is deemed to exist for IT Kompass in particular in any case in which

a) the "Client" is in default of payment within a period of more than three months;

b) the "Client" is insolvent or insolvency proceedings have been instituted against his assets or the application to institute insolvency proceedings has been rejected for lack of assets; however, following the application to institute insolvency proceedings against the assets of the "Client", IT Kompass may not terminate the contract on the grounds of a delay in the payment of remuneration which occurred in the period prior to the application to institute insolvency proceedings or on the grounds of a deterioration in the financial circumstances of the "Client";

c) the "Client" breaches material contractual obligations and fails to remedy this breach immediately even after a warning or notification of the blocking of content by IT Kompass.


§ 13 Data protection

The agreements of the "Contracting Parties" on data protection and confidentiality in relation to personal data are regulated separately in the Annex AVV.


§ 14 Secrecy

1) The contractual relationship of the "Contracting Parties" is based on mutual trust. The "Contracting Parties" mutually assure each other that during the term of the respective "Performance Certificate" and for two years thereafter they will treat all business secrets brought to their attention by the other "Contracting Party" and marked or declared as "secret" as business secrets entrusted to them and not to disclose them to third parties or exploit them in any way other than that intended by the contract.

2) Upon request, both "Contracting Parties" shall irretrievably delete all trade secrets upon termination of the cooperation or return them to the respective other "Contracting Party", unless legal reasons prevent deletion. Upon request of the respective disclosing "Contracting Party", the deletion shall be confirmed in writing.

3) These provisions apply in full to all employees of IT-Kompass.


§ 15 General

1) Should any provision of these contractual regulations or any of the respective supplementary agreements to these regulations be or become invalid, this shall not affect the validity of the remaining provisions.

2) All agreements which contain an amendment, supplement or concretisation of an element of the contract, as well as special guarantee commitments and arrangements, must be set down in writing in the respective "performance certificate". If declarations of the above nature are made by representatives or auxiliary persons of IT Kompass, they will only be binding on IT Kompass if the management of IT Kompass gives its written consent to this.

3) The "Client" may only assign rights and claims arising from the relevant "Performance Certificate" to third parties with the prior written consent of IT Kompass. IT Kompass is entitled to assign rights and obligations arising from the respective "performance certificate", either in whole or in respect of individual services, to affiliated companies within the meaning of Section 15 of the German Stock Corporation Act (AktG).

4) The "contracting parties" agree that the law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship.

5) Insofar as the "client" is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the registered office of IT Kompass is agreed as the place of jurisdiction for all disputes arising in the course of the execution of this contractual relationship. Notwithstanding the foregoing, IT Kompass is also entitled to bring an action before the court which has jurisdiction for the registered office of the "Client".


Part II Operation of the platform

§ 1 Subject matter of the contract Rental of the platform

1) The "Platform", i.e. the Internet marketplace/the web shop configured for the "Client", is made available to the "Client" for a fee as specified in the relevant "Service Specification". Marketplace and webshop consist of rented "platform", databases, content and required IT infrastructure.

2) IT-Kompass will maintain and service the "platform" during the term of the respective "service certificate". The "availabilities" and maintenance windows can be found in the respective "service certificate" or its appendices.

3) The extension of functions of the leased "technical systems" in general or the maintenance of compatibility with special, changing factual or technical requirements of the "customer", e.g. his own IT systems, is not the subject of the owed services.

4) An operating manual for the functions to be administered by the "customer" himself shall be leased in electronic form. If the operation of the "platform" changes or new functions are added, the operating instructions for the back end shall also be updated.


§ 2 Commissioning

1) The individual steps by means of which the web shop intended for the "customer" is configured, equipped with content and put into operation result from the respective "service certificate".

2) The agreed nature of the web shop and which party is to provide which services for its completion are set out in the "service specifications". IT Kompass owes only the production of the explicitly agreed condition of the webshop and apart from a condition that must be required for technical reasons so that the "Client" can operate his webshop. Any wishes not expressed by the "customer" with regard to the design of the webshop are to be commissioned and remunerated separately by the "customer".

3) After notification of finalisation by IT Kompass, the "Client" has 24 hours in which to raise objections to the finalisation. The web shop will only be made accessible to the public with the client's consent. The obligation of the "Client" to pay remuneration shall nevertheless commence on expiry of this 24-hour period, unless the "Client" explicitly asserts defects in the course of the creation process.


§ 3 Content, brands and trademarks

1) Insofar as IT Kompass itself procures the content for design, it will indemnify the "Client" against third-party claims.

2) If the "client" provides his own content, he will indemnify IT Kompass against any third-party claims arising from a possible infringement of third-party rights. It is the responsibility of the "Client" to check for himself whether the content he provides can be used for the agreed purpose and is free of third-party rights.

3) The "customer" may not himself, or through a third party, register or use trademarks within the territory of the Federal Republic of Germany that are identical or similar to the URL used for the platform.

4) If the "Client" infringes the industrial property rights of third parties in respect of third-party trademarks through the trademarks he uses, he will indemnify IT Kompass against third-party claims.


§ 4 Ongoing content maintenance by IT Kompass

The "service certificate" may provide for IT Kompass to enter new content into the web shop for the "Client". These services are services, i.e. IT Kompass attempts to enter all data correctly, but does not wish to assume the risk of contractually guaranteed success. Therefore, it is the responsibility of the "client" to check and release the content after IT Kompass has reported the finalisation of this process. Without such approval, the content will not be placed online (retrievable). With the declaration of release, the "Client" assumes legal responsibility for the accuracy of the content to be made available to the public. No warranty is given for incorrectly maintained content.


§ 5 Special provisions for test releases of the platform

The "Platform" is provided free of charge on a trial basis. The "platform" is therefore lent for the term of the contracts. No warranty shall be assumed. The purpose of the test provision of the "platform" during the test phase is to enable the "customer" to convince himself of the quality of the "platform". The platform may neither be used by the "customer" for commercial purposes nor be made available to "third parties" for commercial purposes.


§ 6 Warranty for the platform

1) The provisions for accessibility (at the place where the "customer" or the "end customer" attempt to access the "platform" via the Internet) are governed by service contract law. A guarantee that the "platform" can be accessed from all locations at all times is therefore not assumed.

2) IT-Kompass provides a warranty for the "availability", i.e. the accessibility of the "platform" at the "node" of the data centre in which the platform is operated, in accordance with the following provisions:

a) The remedy of "defects" will be carried out, at the discretion of IT-Kompass, initially by means of free rectification or replacement delivery.

b) Termination by the "customer" in accordance with Section 543, Paragraph 2, Sentence 1, No. 1 of the German Civil Code (BGB) on the grounds of failure to allow contractual use is only permissible once IT-Kompass has been given sufficient opportunity to rectify the defect and this has failed. The rectification of defects is only deemed to have failed if it is impossible, if IT-Kompass refuses to rectify the defect or unreasonably delays rectification, if there are reasonable doubts regarding the prospects of success, or if the "customer" cannot reasonably be expected to do so for other reasons.

c) The "customer" is not entitled to remedy "defects" himself and to demand reimbursement of the expenses required for this, provided that IT-Kompass is willing and able to provide the service.

d) The "customer" is obliged to immediately notify IT-Kompass of "defects" in the "platform" in the form specified in § 3 (§ 536c BGB). In doing so, the "customer" will take into account the information provided by IT-Kompass for problem analysis within the scope of what is reasonable for the "customer", and will forward to IT-Kompass all information available to the "customer" that is necessary for the elimination of the "defect".

e) Warranty claims are subject to a limitation period of 12 months from the point in time at which the "Customer" had knowledge of the existence of a "defect" of the "Platform" or from the point in time at which the "Customer" should have become aware of the circumstances of the "defect" and reported it without gross negligence. This shall not apply in cases in which the "customer" wishes to assert claims for damages due to injury to life, limb or health and/or in cases in which the "customer" wishes to assert that the "defect" has arisen due to gross negligence or wilful intent and/or as a result of the breach of a warranty promise. Claims under the Product Liability Act remain unaffected. Claims arising from a breach of the obligation to remedy defects shall become statute-barred 12 months after the moment of knowledge or grossly negligent ignorance of the damaging event, subject to the reservation described above.


§ 7 Licensing provisions

Software required for the operation of the platform.

1) For the term of the respective "performance certificate ", the "customer" shall receive the non-exclusive and revocable right to "use" the leased "platform" for his own use within the scope of his business operations, i.e. he shall receive the right of access to the platform via public data networks from locations and at times of his choice. "Third parties" may only be provided with access to the leased "platform" for commercial use with the express consent of IT-Kompass. The right is transferred for a limited period of time for the duration of the respective "service certificate", which, like the number of simultaneous access and use authorisations in each case, results from the respective "service certificate". The subject matter of these provisions is the leased "platform" in the version current at the time of the conclusion of the contract, including all "releases" required to maintain the functionality of the "platform".

2) Licensing conditions for content: If the "Client" obtains content from IT Kompass, the rights of use to the content required for the purpose of the contract are made available to him on conclusion of the contract for the duration of the respective "service certificate" (Section 31 (5) UrhG).


§ 8 Place of performance

The place of management as well as the place of performance is the registered office of IT Kompass or the location of the data centre at which the server is operated.


Part III Support services

§ 1 Performance-related services:

Insofar as the work services agreed in the respective "performance certificate" are qualified as contracts for work and services, the following provisions apply:

1) Acceptance

a) It is in the nature of things that in the case of recurring, similar services there is no repeated declaration of acceptance by the "customer". In these cases, completion takes the place of acceptance. The "customer" will be notified by IT-Kompass by e-mail or otherwise in text form that IT-Kompass has performed certain services. It is the responsibility of the "customer" to inform himself/herself within the deadlines agreed in the respective "performance certificate" as to whether the services of IT-Kompass have been properly performed. If the "customer" does not make any complaints within the intervals stipulated in the respective "performance certificate", it is deemed that the services of IT-Kompass have been properly provided. An independent acceptance is only required if this is agreed between the "contracting parties" in the respective "performance certificate".

b) In cases in which acceptance is required according to the provisions of the respective "performance certificate", the following applies: Acceptance must be recorded in writing or by e-mail. If the "customer" commissions the services of IT-Kompass without asserting significant "defects", the latter will assume the existence of an implied acceptance. However, IT-Kompass must inform the "customer" of this separately in writing.

2) Duties to cooperate

The respective duties of the "customer" to cooperate are set out in the respective "performance certificate".

3) Warranty

a) IT Kompass is initially entitled to the right of rectification. If IT Kompass is unable to rectify existing "defects" within a reasonable period, the "customer" is entitled to assert warranty rights. The right to withdraw from the contract or to claim damages does not exist, provided that the functionality of the work is not significantly impaired.

b) Warranty claims shall become statute-barred twelve months after acceptance or completion of the performance. This shall not apply in cases where damage to life, limb or health has been caused and/or a warranty promise has been breached at the same time by the breach of duty and/or in cases where the damage has been caused intentionally or by gross negligence. Claims under the Product Liability Act shall remain unaffected.

c) If it transpires that services provided by IT-Kompass are not covered by the warranty, the "customer" will bear the costs, including any travel costs and expenses incurred, in accordance with the general cost rates as per Appendix P of IT-Kompass.

4) Place of fulfilment, place of performance and duration

The place of performance, place of service and duration are specified in the respective "Service Agreement".


§ 2 Services

1) Insofar as the services agreed in the respective "performance certificate" are to be qualified as services, the following provisions apply:

2) Duties to cooperate

The respective duties to co-operate result from the respective "Leistungsschein".

3) Place of performance and duration

The place of performance and the duration are set out in the respective "Leistungsschein".

Information in accordance with Regulation (EU) 2019/1150 of the European Parliament and of the European Council of 20.6.2019 on the promotion and transparency for commercial users of online intermediation services.

1) Please refer to the respective service voucher and the General Terms and Conditions, which can be found here, for the options to terminate the contract.

2) We keep the data of the end users (i.e. the customers of your webshop) and other data obtained within the framework of the contract exclusively to pursue our legitimate interests in keeping the data and not for the purpose of competing with you. This refers to data that must be retained by us for reasons of data protection, payment processing and other legal reasons until such time as legal regulations permit the deletion of this data. There will be no use outside of this purpose and the execution of a contract with you.

3) The ranking (i.e. the display in which order the visitor of the platform sees the individual webshops) is based on the time of the conclusion of the respective performance certificate.

4) We ourselves as platform operator do not pursue any competition directed against you or your company and do not offer any goods or services on the platform that are identical or similar to your goods or services.

5) We do not use any general terms and conditions according to which you must also offer the favourable prices for your goods or services on our platform.

6) Regulations on data protection can be found here.

7) Data and information on complaint management:

You can contact us at any time about complaints or problems at the mail address We want to establish a good relationship with our customers and are therefore always interested in a quick and amicable solution to problems.