General terms and conditions: platform, services, billing

These general terms and conditions (“Terms”, German: AGB) apply exclusively to entrepreneurs (Unternehmer) within the meaning of Section 14 BGB (German Civil Code), legal entities under public law and special funds under public law. No contracts are concluded with consumers (Section 13 BGB). Even if consumers book tickets or services via the platform, no contractual relationship with AirLST arises; the contracting party is exclusively the respective organizer.

The contracting parties are AirLST GmbH, Seitzstraße 23, 80538 Munich, Germany (“AirLST”), and the respective customer (“Customer” or “Organizer”).

These Terms govern the services of AirLST in connection with
(i) the cloud-based event and attendee management software (“Platform”), including all web-based attendee views and functions (e.g. event landing pages, attendee portals, PWA-based event app) as well as the AirLST Check-in App (native iOS/Android app),
(ii) payment processing via connected payment service providers (“PSP”), and
(iii) supplementary professional services (e.g. onboarding, support, consulting, customizing, development, onsite services).

Deviating, conflicting or supplementary terms and conditions of the Customer only become part of the contract if AirLST expressly agrees to their validity in writing.

Offers by AirLST are non-binding (freibleibend) unless expressly marked as binding. A contract is concluded by written order confirmation, electronic acceptance or activation of the customer account.

In case of doubt, individual agreements take precedence over these Terms.

Legally relevant declarations may be made in text form (Textform, e.g. email), unless written form (Schriftform) is mandatory.

AirLST provides the Platform as software as a service (SaaS) via the internet. The software (e.g. source code) is not handed over.

AirLST is entitled to continuously develop the Platform and to provide current versions (including fixes/patches/updates), insofar as reasonable. New/optional modules may be charged separately and added to the contract.

System requirements:
Use of the Platform (including the web-based attendee views, PWA and the AirLST Check-in App) requires customary internet access and the use of current browsers supported by AirLST. AirLST is entitled to discontinue support for individual browser types or versions in the event of material changes by the manufacturer or for security reasons. The Customer is obliged, at its own expense, to provide a suitable hardware and software environment, current browser updates and appropriate protective measures (e.g. virus protection, firewall). The Customer bears the risk if the portal cannot be used due to missing technical requirements within its sphere.

Open source components may be included; their license terms take precedence for the respective component.

Trial access:
AirLST may provide the Customer, without obligation, with free trial access to the portal and/or the AirLST App. Trial access serves exclusively for testing and evaluating the Platform. AirLST is entitled to refuse, restrict or terminate trial access at any time without prior notice and without stating reasons. There are no warranty, support or availability obligations for trial access.

For the term of the contract, AirLST grants the Customer a simple (non-exclusive), non-transferable and non-sublicensable right to use the Platform as intended for its own business purposes.

Use by employees and commissioned third parties (e.g. agencies) is permitted, provided they are contractually bound to these Terms; any further provision to others or operation for third parties without the consent of AirLST is not permitted.

The following are prohibited in particular: reverse engineering, decompilation, disassembly, removal of protective notices, reproduction beyond what is necessary, and making the Platform available to unauthorized third parties.

The Customer manages personal accounts (admin/user roles), keeps access credentials secret and informs AirLST without undue delay in the event of suspected misuse.

Availability: AirLST guarantees a monthly availability of 98% (24/7). Excluded from this are force majeure, external disruptions beyond its sphere of influence, as well as scheduled maintenance windows (generally outside 09:00–20:00 CET (MEZ)) and emergency maintenance.

Support hours: Monday–Friday 09:00–18:00 (CET, excluding public holidays in Bavaria). Response time for critical total outages during support hours: 4 hours; for other disruptions: start on the next working day.

Disruptions must be reported without undue delay. Delays for which the Customer is responsible (e.g. missing contact persons) extend deadlines accordingly.

AirLST grants the Customer the right, limited in substance in accordance with these terms, worldwide, revocable, non-transferable and non-sublicensable, to use the portal with the account intended for it during the agreed period and/or the intended event(s) for its own private or business purposes within the scope of the intended functions.

Identity of the organizer: It must be clearly recognizable to attendees at all times with which organizer they are concluding the contract. In its offers, the Organizer always states its full company name including legal form, an address for service of process and current contact details; it answers attendee inquiries without undue delay.

Prohibited in particular are content/offers that (i) violate laws or the rights of third parties, (ii) are harmful to minors, hateful, defamatory, insulting, obscene or extremist, or incite violations of the law, (iii) distribute malware, or (iv) may otherwise significantly damage the reputation of AirLST.

Permitted use (“own events”): The Platform may be used exclusively to promote and run the Organizer’s own events. Promoting or reselling tickets of third parties and other commercial activities (e.g. advertising for third-party goods/services, prize draws) are not permitted.

The Customer is responsible for statutory information obligations (legal notice (Impressum), privacy information, withdrawal instructions (Widerrufsbelehrung) – where applicable in the Customer’s B2C relationship with its attendees). The Organizer must provide attendees with all information required to fulfill statutory information obligations and/or obtain any required consents. This includes in particular compliance with the requirements of the GDPR (DSGVO), the BDSG (German Federal Data Protection Act) and other relevant consumer protection laws.

Changes/cancellations: The Organizer informs attendees of changes or cancellations without undue delay and updates its offer on the Platform; Section 13.2 remains unaffected.

Organizer’s attendee terms; integration in checkout:
AirLST provides the Organizer with functions to store its own attendee terms and conditions/booking conditions as well as privacy information (or to link to them). In the checkout,
(i) the attendee conditions for bookings via the AirLST Platform and
(ii) the Organizer’s attendee terms and conditions are displayed and accepted by the attendee. The attendee conditions of AirLST can be found here and are displayed in their currently valid version during the booking process.”

Order of precedence: The attendee conditions of AirLST govern exclusively the relationship between attendee and AirLST with regard to the technical provision/payment infrastructure. The Organizer’s attendee terms and conditions govern exclusively the participation/ticket relationship between Organizer and attendee. In the event of contradictions, the AirLST attendee conditions take precedence over the Organizer’s provisions insofar as the platform/payment role of AirLST is concerned. The Organizer remains responsible for the content, lawfulness and currency of its terms.

The scope and type of professional services (e.g. onboarding, event setup, data imports, design/template, consulting, customizing/development, project management, onsite support) are set out in the offer/order.

Insofar as a work performance (Werkleistung) is agreed, AirLST owes the defined result; otherwise services (Dienstleistungen) are owed (due care, no success).

Change requests require written addenda (scope, effort, date, remuneration).

Travel costs/expenses for onsite services: charged separately according to actual expenditure and the price list (e.g. rail 1st class, mileage rate, hotel categories, per diems).

The Platform can be used for email communication/marketing (invitations, reminders, campaigns). AirLST places great importance on legally compliant use (GDPR, UWG (German Act Against Unfair Competition), ePrivacy).

The “AirLST Email Policy” governs permitted use (including opt-in, unsubscribes, sender identification, content requirements, sending limits). It expressly becomes part of this contract.

The Customer ensures the required legal bases (consents, legitimate interest), implements unsubscribe mechanisms and observes suppression lists.

AirLST does not review content in advance. The Customer indemnifies AirLST against all claims (including regulatory proceedings, fines, cease-and-desist letters (Abmahnungen)) arising from unlawful use of email.

AirLST processes personal data of the Customer as controller insofar as required for contract performance, user management and billing; details are set out in AirLST’s privacy information.

AirLST processes personal data of attendees/guests/recipients exclusively as processor pursuant to Art. 28 GDPR on behalf of and in accordance with the instructions of the Customer.

The data processing agreement (Auftragsverarbeitungsvertrag, AVV) is an integral part of the contract and applies automatically upon conclusion of the user agreement, without separate signature.

AirLST takes appropriate technical and organizational measures in line with the state of the art.

Data export/deletion: During the term, the Customer can perform customary exports (e.g. CSV). After the end of the contract, AirLST deletes customer-specific data after a reasonable period, unless statutory retention obligations prevent this.

Sub-processors: AirLST is entitled to engage and change sub-processors in accordance with the AVV. AirLST ensures that sub-processors are contractually bound to an appropriate level of data protection.

All prices are in EUR plus statutory value added tax.

License models (e.g. freemium, single license, annual license, guest packages) and support packages (e.g. Basic/Advanced) are charged according to the offer or price list.

Invoices are issued electronically (by email to the address stored in the account). Payment is due without deduction within 14 calendar days. A missing PO number or order number does not release the Customer from its obligation to pay.

Indexation: AirLST is entitled to adjust prices annually at the beginning of a calendar year within the scope of the consumer price index (Verbraucherpreisindex, VPI); AirLST will announce price adjustments in good time.

Set-off/right of retention: only with undisputed claims or claims established by final and binding judgment.

If the Customer is in default of payment, AirLST is entitled to demand statutory default interest, to block the account after a one-week grace period and to deactivate ongoing event offers.

Professional services (onboarding, consulting, customizing, onsite services etc.) are billed separately according to effort and the price list, independently of the platform fee. The Customer additionally bears travel costs and expenses.

Billing of project-based services: Unless expressly agreed otherwise in the offer or order, the following payment schedule applies to project-based services (e.g. custom developments, customizing, onsite services):
(a) 50% of the agreed remuneration is due upon conclusion of the contract or acceptance of the order;
(b) 50% after delivery of the service agreed in the order.
Irrespective of this, interim invoices may be issued for self-contained partial services.

For the use of the Platform and for paid events processed via the Platform, the current prices and fees according to the AirLST price list for platform and payment fees (“Price List”) apply. The Price List is available at https://airlst.com/en/pricing/ and becomes part of the contract.

The platform fee is remitted on a per-transaction basis directly via the respective connected payment service provider (e.g. Mollie Connect, Stripe Connect, PayPal). A separate invoice from AirLST serves for documentation purposes only.

PSP instruction: Via the Platform, the Organizer automatically instructs the connected PSP
(i) to collect the total price from the attendee,
(ii) to pay out the payments, less the platform fee, to the Organizer, and
(iii) to remit the platform fee directly to AirLST.

Chargebacks or returned direct debits: The Organizer bears all PSP costs and processing fees incurred. The platform fee remains due even in the event of reversals (cf. Section 12.4).

Blocking rights: In the event of payment default by the Customer or other material breaches of contract, AirLST is entitled to exercise blocking rights pursuant to Section 10.6, in particular to block the Customer’s account or deactivate ongoing event offers.

Free and paid events: The Organizer can offer both free and paid events via the Platform. Ticket prices and categories are defined by the Organizer when creating the event. The Organizer is solely responsible for pricing and its publication.

Invoicing and tax obligations:
The Customer is the sole contracting party of its attendees. It is obliged to issue proper invoices to attendees and to independently pay all applicable taxes (in particular value added tax, including any OSS/IOSS/reverse charge constellations). For this purpose, AirLST provides – where available – technical functions for the automated creation and provision of invoices. These invoices are created in the name and for the account of the Organizer and made available to attendees electronically. The Organizer bears sole responsibility for the accuracy and completeness of the invoice details (in particular value added tax, description of services, company data) and for timely tax treatment. AirLST merely provides technical functions and is not obliged to issue invoices, provide tax advice or pay taxes. The Organizer ensures that all tax obligations in connection with the transactions processed via the Platform are properly fulfilled. AirLST assumes no tax control or responsibility in this regard.

PSP framework agreement, payment services law, liability:
AirLST does not provide payment services within the meaning of Section 1 (1) sentence 2 nos. 6–9 of the ZAG (German Payment Services Supervision Act, Zahlungsdiensteaufsichtsgesetz); payment processing is carried out exclusively via licensed payment service providers (e.g. Mollie Connect, Stripe Connect, PayPal). The Organizer concludes the payment services framework agreement directly with the respective chosen payment service provider (PSP). AirLST is not a payment service provider, assumes no collection or credit risk, gives no guarantee for payment flows and is not liable for PSP services or their technical availability. AirLST receives exclusively the contractually agreed platform fee, which is automatically remitted to AirLST by the PSP. Claims in connection with payment processing must be asserted exclusively against the respective PSP.

Reversals / cancellations:
The reversal of ticket prices paid by attendees (e.g. in the event of cancellation, change, rescission, withdrawal) is the sole responsibility of the Organizer. AirLST may provide – where available – technical support functions for this purpose (e.g. flagging, logging or forwarding refund instructions to the PSP), without, however, assuming its own processing, review or liability. Insofar as invoices to attendees were created via the Platform (Section 12.2), the Organizer may make any cancellations, credit notes or corrections via the functions of the Platform provided for this purpose, if available. In any case, the Organizer bears sole responsibility for the proper creation and transmission of such correction documents and for the tax treatment of the reversal.
In the event of returned direct debits, chargebacks or reclaims, the Organizer bears all resulting PSP costs and fees, in particular the fees of the respective connected PSP. The platform fee charged by AirLST remains due even in the event of reversals. If additional administrative effort is incurred by AirLST in connection with a reversal or chargeback, AirLST is entitled to charge a processing flat fee in accordance with the currently valid Price List.

Dunning / debt collection: AirLST does not offer dunning or debt collection vis-à-vis attendees. The Organizer is obliged to enforce outstanding claims itself.

Cancellation, rebooking and refund rules vis-à-vis attendees are determined and communicated exclusively by the Customer; AirLST merely provides the technical processing. The processing rules in Section 12.4 remain unaffected.

The Customer informs attendees of changes/cancellations without undue delay and updates its offer on the Platform.

Training sessions serve to impart knowledge; no promise of success with regard to learning outcomes, sales or event metrics.

The scope/content of support packages (Basic/Advanced) is set out in the SLA/offer.

All rights to the Platform (including software, database structure, UI/UX, documentation) remain with AirLST or its licensors.

For individual work results from professional services (e.g. templates, customizing, code snippets), the Customer receives – after full payment – a simple (non-exclusive), non-transferable right of use for the contractually intended purpose. Further rights require a separate agreement.

Open source licenses remain unaffected (cf. Section 3.4).

The Customer warrants that content/data/branding provided by it does not infringe the rights of third parties (copyright, trademark, name rights, rights in distinctive signs (Kennzeichenrechte) etc.), and indemnifies AirLST against all third-party claims, including reasonable costs of legal action, resulting from use of the Platform that is unlawful or in breach of contract.

Liability:
Unlimited in the event of intent, gross negligence, injury to life, body or health, fraudulent concealment, guarantee, mandatory liability (e.g. ProdHaftG (German Product Liability Act)).

In the event of simple negligence, AirLST is only liable for breach of material contractual obligations (“cardinal obligations”, Kardinalpflichten) and limited to the foreseeable damage typical for the contract. Consequential/indirect damages and lost profits are excluded.

Data loss:
Liability is limited to the typical recovery effort that would have been incurred if the Customer had performed proper data backups appropriate to the risk.

SaaS warranty:
AirLST owes the agreed functionality; a specific availability beyond Section 5, integrations of third-party systems or specific economic successes are not owed. This applies in particular to services and payment processing via connected payment service providers pursuant to Section 12.3.

Professional services:
Warranty rights are governed by the law on service contracts or contracts for work (Dienstvertrag/Werkvertrag), depending on the agreed type of service.

AirLST is entitled to name the Customer as a reference customer to an appropriate extent (website, presentations, social media, press materials), including use of name, company name, trademark and logo.

AirLST safeguards the legitimate interests of the Customer. The Customer may object in writing to future use for good cause (effective ex nunc).

Term models:
Unless expressly agreed otherwise, the following applies:
(a) Annual licenses have a fixed initial term of twelve (12) months.
(b) Monthly licenses have a fixed initial term of one (1) month.

Termination and renewal:
Annual licenses may be terminated by either party with sixty (60) days’ notice to the end of the respective contract term. If not terminated in due time, the annual license automatically renews for a further twelve (12) months. Monthly licenses may be terminated by either party with thirty (30) days’ notice to the end of the respective contract term. If not terminated in due time, they automatically renew for one (1) further month at a time.

Contracts for an indefinite term:
If an indefinite contract term has been agreed, either party may terminate the contract with sixty (60) days’ notice to the end of a month.

Extraordinary termination and suspension:
In the event of material breaches of contract (in particular payment default, abusive use or significant compliance violations), AirLST may, after a formal warning (Abmahnung) and setting a reasonable deadline, block access and terminate the contract for cause.

Remuneration claims:
Remuneration claims that have already arisen remain unaffected by termination.

AirLST may amend these Terms with effect for the future or supplement them with provisions for newly introduced services/functions. Notice at least four weeks before entry into force by email to the address stored in the account.

Right to object:
The Customer may object in text form within two weeks of receipt. If no objection is made, the changes are deemed approved. AirLST will point out the deadline, form and consequences in the notice.

Declarations by AirLST may be made by email to the address stored in the account; the Customer keeps its contact details up to date.

Confidential information is all non-public information that is marked as confidential or is confidential by its nature.

The parties use confidential information exclusively for the performance of the contract and protect it against unauthorized access. Statutory disclosure obligations remain unaffected.

Rights/obligations under this contract may not be assigned/transferred without the consent of the respective other party; Section 354a HGB (German Commercial Code) remains unaffected.

AirLST may engage subcontractors and is liable for their performance as for its own.

The Customer complies with sanctions/export control and anti-corruption regulations. Violations entitle AirLST to extraordinary termination.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-laws rules.

Place of performance and – insofar as permissible – place of jurisdiction is Munich.

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected; in place of the invalid provision, a provision that comes closest to the economic purpose shall be deemed agreed.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-laws rules.