Terms and Conditions

1. Scope

1.1 These Terms and Conditions govern the use of the platform Upfest (hereinafter the "Platform") by users ("Customers") and event organisers ("Organisers").

1.2 The Platform provides a digital intermediary service for events and event listings.

1.3 The operator of the Platform is:

2. Role of the Platform Operator / Intermediation

2.1 The Platform Operator acts exclusively as an intermediary for event listings.

2.2 The Platform Operator is not itself the organiser, contractual partner, or service provider of any events offered through the Platform, unless expressly stated otherwise.

2.3 All contracts relating to event participation, additional services, or any ancillary services are entered into directly between the Customer and the respective Organiser.

2.4 The Platform Operator is not liable for the performance, quality, safety, changes, cancellations, or defects of events.

3. Use of the Platform

3.1 Customers may search for events on the Platform, compare them, and book or complete purchases directly with the Organiser.

3.2 The Platform Operator endeavours to keep the Platform available, but does not guarantee uninterrupted access.

3.3 Misuse, automated access, manipulation, or unlawful content are prohibited.

3.4 The Platform Operator may suspend or delete user accounts in the event of breaches.

4. Registration

4.1 Registration may be required for certain functions.

4.2 Users must provide truthful information and keep their access credentials confidential.

4.3 Users are responsible for activities carried out under their account.

5. Contract Formation Between Customer and Organiser

5.1 The presentation of an event on the Platform does not constitute a binding offer by the Platform Operator.

5.2 A contract is concluded exclusively between the Customer and the Organiser in accordance with the Organiser's booking and contractual terms.

5.3 The respective Organiser's terms and conditions may apply in addition.

6. Prices, Commissions, and Payment Processing

6.1 Organisers may pay a commission or intermediary fee to the Platform Operator for facilitated bookings.

6.2 Customers are charged only those prices and fees disclosed before contract formation.

6.3 Where payments are processed via the Platform, this may be done through external payment service providers.

6.4 Their payment terms also apply.

7. Organiser Obligations

7.1 Organisers are solely responsible for:

• the accuracy of their listings
• lawful delivery of the event
• required permits and approvals
• price information
• the performance, amendment, or cancellation of events

7.2 Organisers agree not to publish misleading or unlawful content.

7.3 Organisers shall indemnify the Platform Operator against third-party claims arising from breaches of duty by the Organiser.

8. Cancellations, Changes, and Refunds

8.1 Terms for cancellation, rebooking, and refunds are generally governed by the respective Organiser's terms.

8.2 In the event of cancelled or changed events, the Organiser is solely responsible for processing the reversal.

8.3 The Platform Operator is not obliged to issue refunds unless expressly agreed otherwise.

9. Reviews and Content

9.1 Customers may submit reviews provided they are factual, truthful, and not unlawful.

9.2 The Platform Operator may remove content if it violates applicable law or these Terms and Conditions.

10. Liability

10.1 The Platform Operator is liable only for damages caused by intentional or grossly negligent conduct.

10.2 In cases of slight negligence, the Platform Operator is liable only for breaches of essential contractual obligations and only for foreseeable damages.

10.3 No liability is assumed in particular for:

• event performance
• information provided by organisers
• failures by third parties
• technical disruptions outside the operator's control
• force majeure

10.4 Mandatory statutory liability remains unaffected.

11. Intellectual Property

11.1 The Platform's content, trademarks, logos, and software are protected.

11.2 Any use outside the intended use of the Platform requires written consent.

12. Data Protection

12.1 The processing of personal data is governed by the separate privacy policy.

12.2 Where necessary for brokerage of the contract, data may be shared with Organisers.

13. Changes to These Terms and Conditions

13.1 The Platform Operator may amend these Terms and Conditions with effect for the future.

13.2 Changes will be communicated to users in an appropriate manner.

13.3 If a user does not object within 30 days, the changes are deemed accepted.

14. Term and Termination

14.1 User accounts may be deleted at any time.

14.2 The Platform Operator may terminate contractual relationships without notice in the event of breaches.

15. Final Provisions

15.1 Austrian law applies. With respect to consumers, this choice of law applies only insofar as it does not limit mandatory consumer protection rules of the country in which the consumer has their habitual residence.

15.2 If the user is an entrepreneur, the court of competent jurisdiction in Feldkirch, Austria, shall have jurisdiction over disputes arising out of or in connection with these Terms and Conditions, to the extent permitted by law. Statutory jurisdictions apply to consumers.

15.3 If individual provisions are invalid, the validity of the remaining provisions shall remain unaffected.