Terms of Service for BookDinePlay

These Terms of Service ("Terms") govern the use of the software-as-a-service platform BookDinePlay by operators of restaurants, sports bars, pubs, game cafés and similar venues. The platform is offered by ThreeB IT GmbH, Bergstrang 105, 49479 Ibbenbüren, Germany, registered in the commercial register of the local court (Amtsgericht) Steinfurt under HRB 12324, VAT ID DE322793746, e-mail hello@bookdineplay.com ("BookDinePlay", "we" or "Provider"). BookDinePlay is offered exclusively to business customers, that is entrepreneurs (Unternehmer) within the meaning of section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law; contracts with consumers within the meaning of section 13 BGB are excluded. By completing the registration, the Customer confirms that it acts as a business and that the registering person is authorised to represent the company stated.

§ 1 Scope

(1) These Terms apply to all contracts between BookDinePlay and the Customer for the use of the BookDinePlay platform, including the operator console, the public application programming interface (API), the software development kits (SDKs), the embeddable widgets, the WordPress plugin, the mobile applications and all related services (the "Service"). They also apply to all ancillary services provided in connection with the Service, such as support, set-up and data import, unless otherwise agreed.

(2) "Customer" or "Operator" is the business for which an account is registered on BookDinePlay. "Guest" is the natural or legal person who makes a reservation, booking, order, registration or ticket purchase with the Operator through the Service. "Tenant" is the logically separated environment of the Customer on the platform in which its venues, user accounts, data and settings are managed. "Plan" is the service package chosen by the Customer (currently Starter, Pro and Premium).

(3) Deviating, conflicting or supplementary general terms and conditions of the Customer do not become part of the contract unless BookDinePlay expressly agrees to their application in text form. This also applies if BookDinePlay performs services without reservation while being aware of conflicting terms of the Customer.

(4) In addition to these Terms, the Data Processing Agreement ("DPA") pursuant to Art. 28 GDPR in its current version, which the Customer accepts at registration, applies. In the event of conflicts between these Terms and the DPA, the DPA prevails insofar as the processing of personal data is concerned. The terms of the respective payment service provider apply in addition to the use of payment services (§ 4 (2) and § 6).

(5) The Service is a tool of the Operator for accepting and managing reservations, bookings, menus, opening hours, events, tickets and optional payments. BookDinePlay does not become a contracting party of the Guest and does not provide any hospitality, brokerage or event services. The Operator alone is responsible towards the Guest for providing the reserved or booked service.

§ 2 Conclusion of Contract and Account

(1) The presentation of the Service on the website bookdineplay.com does not constitute a binding offer. By completing the registration process on app.bookdineplay.com, the Customer submits a binding offer to conclude a contract of use. To do so, the Customer enters the company data (legal name, address, country, VAT identification number where applicable, billing e-mail address and contact person), chooses a Plan and a billing interval, accepts these Terms and the DPA in their current version and stores a payment method with the payment service provider. The contract is concluded when BookDinePlay accepts the registration by activating the Tenant; activation usually takes place immediately after the payment method has been stored successfully.

(2) Registration is permitted to businesses only. The registering person warrants that it is authorised to represent the Customer. BookDinePlay is entitled to request evidence of the Customer's business status and of the authority to represent it and to defer activation until such evidence is provided. BookDinePlay may refuse to accept a registration without stating reasons.

(3) The Customer is obliged to provide true, complete and current information at registration and throughout the term of the contract and to update changes in the operator console without undue delay. This applies in particular to the legal name, the address, the billing e-mail address and the VAT identification number, because BookDinePlay invoices and determines VAT on the basis of this information.

(4) Login to the operator console takes place through an identity service used by BookDinePlay. The Customer may create further user accounts for its staff to the extent the chosen Plan provides for it. Login credentials must be kept secret, must not be passed on to third parties and must be protected against unauthorised access. The Customer ensures that only authorised persons gain access to its account and removes the user accounts of staff who have left without undue delay. The Customer is liable for all actions carried out using its credentials unless it is not responsible for the misuse.

(5) If there is reason to suspect that credentials or API keys have been compromised, the Customer must inform BookDinePlay without undue delay and change or revoke the affected credentials or keys. BookDinePlay is entitled to suspend access temporarily where there is a reasonable suspicion of misuse.

(6) In the context of a support request, the Customer may permit BookDinePlay to view its account for diagnostic purposes ("support access"). Such access is limited to what is necessary to handle the request.

§ 3 Services and Plans

(1) BookDinePlay makes the Service available to the Customer for use via the internet for the term of the contract. The scope of functions follows from the service description on bookdineplay.com and from the Plan chosen. The Service includes in particular the management of venues with business information, opening hours and special opening hours, the management of menus and prices, the acceptance and management of table reservations and of bookings of game-related resources such as billiard tables, dart boards, shuffleboard lanes and event areas, the management of events with registration and named tickets, the issuing, sale and redemption of vouchers, embeddable booking widgets, a public API with SDKs, and the operator console on the web and as a mobile application.

(2) BookDinePlay currently offers the Plans Starter, Pro and Premium. Which functions are included in which Plan and which quantity limits apply (for example the number of venues) follows from the plan overview at bookdineplay.com/pricing in the version valid at the time the contract is concluded or the Plan is changed. Functions not included in the chosen Plan are displayed in the operator console but cannot be used. A change to a lower Plan may result in functions and the associated data no longer being accessible; data already created is not deleted as a result.

(3) Trial period. After registration, new customers receive a free trial period of 14 days for the chosen Plan. The trial period requires a valid payment method to be stored with the payment service provider; no fee is charged during the trial period. Upon expiry of the trial period, the contract automatically converts into a paid subscription of the chosen Plan and the stored payment method is charged for the first time, unless the Customer has cancelled the subscription through the customer portal before the trial period expires. BookDinePlay notifies the Customer by e-mail of the upcoming conversion before the trial period expires. Only one trial period is granted per company; BookDinePlay may refuse or end the trial period early in the event of abuse.

(4) The Customer may change the Plan and the billing interval at any time through the customer portal. A change to a higher Plan takes effect immediately; the fee for the current billing period is calculated pro rata. A change to a lower Plan or to a different billing interval takes effect at the end of the current billing period.

(5) BookDinePlay continuously develops the Service and is entitled to change, extend or replace functions provided that the essential contractual benefit of the Service for the Customer is preserved and the change is reasonable for the Customer. Individual functions may be marked as a preview ("beta"); BookDinePlay gives no warranty as to the scope and continued existence of such functions. The Customer is informed of material changes in the operator console or by e-mail.

(6) The Service uses services of third parties, in particular hosting and infrastructure services, an identity service for login and a payment service provider. BookDinePlay selects these providers carefully and engages them as sub-processors in accordance with the DPA.

(7) Support is provided by e-mail to hello@bookdineplay.com and through the channels stated in the operator console. Unless separately agreed, response times are not guaranteed. Support comprises answering questions on the operation of the Service and receiving fault reports, but not setting up the Service for the Customer, programming individual integrations or training; such services may be agreed separately.

(8) Documentation, SDKs, widgets and the WordPress plugin are made available to the Customer to integrate the Service into its own website. The Customer receives a simple, non-transferable right of use limited to the term of the contract to connect its venues. Passing secret API keys on to third parties or embedding them in publicly accessible code is prohibited; for browser integrations, only the publishable keys provided for that purpose may be used.

§ 4 Prices, Invoicing and Payment

(1) The fee for the Service depends on the chosen Plan and the chosen billing interval (monthly or yearly) in accordance with the price list at bookdineplay.com/pricing in the version valid at the time the contract is concluded or the Plan is changed. All prices are in euro and net, plus the applicable statutory value added tax.

(2) Payments are processed by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). At registration the Customer stores a payment method supported by Stripe. Payment data such as card numbers are processed and stored exclusively by Stripe; BookDinePlay has no access to full card data. Stripe's terms of use and privacy notices apply in addition to the use of Stripe. The Customer manages payment methods, billing address and subscription through the customer portal provided by Stripe, which can be reached from the operator console.

(3) The fee is due in advance for the respective billing period, for the first time upon expiry of the trial period (§ 3 (3)) and thereafter at the beginning of each further billing period. The stored payment method is charged automatically when the fee falls due. Invoices are issued electronically and delivered to the Customer by e-mail to the billing e-mail address and made available in the customer portal; the Customer agrees to electronic invoicing.

(4) If the Customer is established in a member state of the European Union other than Germany and has stored a valid VAT identification number, the service is invoiced under the reverse-charge mechanism without German VAT; the Customer owes the VAT in its state of establishment. Customers established outside the European Union are invoiced in accordance with the applicable rules. The Customer is responsible for the accuracy of its tax information and indemnifies BookDinePlay against subsequent claims based on incorrect information.

(5) Fees already paid are not refunded in the event of early termination, non-use of the Service or a change to a lower Plan, unless the termination is based on a breach of duty for which BookDinePlay is responsible. The Customer's statutory rights in the event of defects remain unaffected.

(6) BookDinePlay is entitled to adjust prices with at least six weeks' notice to the beginning of the next billing period if the cost basis for providing the Service (in particular costs of infrastructure, payment processing, licences or personnel) has changed or the scope of services is extended. Notice is given in text form to the billing e-mail address. If the Customer does not agree to the price adjustment, it may terminate the contract with effect from the end of the current billing period until the adjustment takes effect; the Customer is informed of this in the notice.

(7) Late payment. If charging the stored payment method fails, the Customer is in default without further reminder; the payment service provider retries the collection several times, and the Customer is informed of the outstanding amount by e-mail and in the operator console ("past due"). During this grace period the Service remains fully usable. If payment is still outstanding after the retries have been exhausted, BookDinePlay is entitled to suspend the Customer's Tenant ("suspension"). During suspension the Customer's public booking functions, widgets and API are not reachable, and only the Billing and Plan areas of the operator console are accessible; the Customer's data remains stored. The suspension is lifted without undue delay once the outstanding amount has been settled. The obligation to pay the fee for the suspension period remains. BookDinePlay reserves the right to claim default interest at the statutory rate and compensation for further damage caused by default, and to terminate the contract for cause under § 5 (4).

(8) The Customer may set off against claims of BookDinePlay or exercise a right of retention only with counterclaims that are undisputed or have been finally established by a court.

§ 5 Term and Termination

(1) The contract begins with the activation of the Tenant and initially runs for the duration of the trial period. Upon conversion into a paid subscription (§ 3 (3)), the contract runs for the chosen billing period of one month (monthly billing) or twelve months (yearly billing).

(2) The contract renews automatically for a further billing period of the same length unless it is terminated by either party with effect from the end of the current billing period. Termination by the Customer is carried out through the customer portal, which can be reached from the operator console, and is possible until the last day of the current billing period; termination in text form to hello@bookdineplay.com is also permitted. After termination the Service remains usable until the end of the billing period already paid for; there is no pro-rata refund (§ 4 (5)). BookDinePlay may terminate the contract for convenience with three months' notice to the end of the current billing period.

(3) During the trial period the Customer may end the subscription at any time through the customer portal with immediate effect; in that case no fee is charged.

(4) The right of both parties to terminate for cause remains unaffected. Cause exists for BookDinePlay in particular if the Customer remains in default of payment despite suspension under § 4 (7) and a further demand for payment with a deadline of at least 14 days, if the Customer seriously or repeatedly breaches the obligations under § 7, if the Customer uses the Service for unlawful purposes, or if insolvency proceedings are opened over the Customer's assets or refused for lack of assets.

(5) When termination takes effect, the Customer's right to use the Service ends. From that point on the Customer's embedded widgets and API integrations no longer deliver data. Until the end of the contract and within 30 days thereafter, the Customer may request in text form to hello@bookdineplay.com an export of its data in a common, machine-readable format; BookDinePlay provides the export within that period. After the 30 days have expired, BookDinePlay deletes the Customer's data in accordance with the DPA, unless statutory retention obligations prevent this. The Customer remains responsible towards Guests for handling reservations, bookings and tickets that are still outstanding.

§ 6 Guest Payments via Stripe Connect and Vouchers

(1) Where the chosen Plan provides for it, the Operator may sell admission tickets for events and vouchers and collect deposits for reservations or bookings from Guests through the Service ("Guest Payments"). This requires the Operator to open its own account with Stripe through the operator console or to connect an existing Stripe account ("connected account") and to provide in full the information and evidence required by Stripe for identification and verification. Stripe's contractual terms, in particular the Stripe Connected Account Agreement, apply to the connected account directly between the Operator and Stripe. BookDinePlay is not a party to that contractual relationship and does not itself provide payment services.

(2) Guest Payments are processed as payments to the Operator's connected account. The Operator is the seller of the tickets and vouchers and the recipient of the deposits and thus the sole contracting party of the Guest with regard to the event, the reservation, the voucher or the booked service. The Operator alone is responsible for the description, pricing, staging, cancellation and modification of events and bookings, for compliance with the statutory information, consumer-protection and withdrawal rules applicable towards Guests, for proper invoicing to Guests, and for declaring and paying the taxes and levies attributable to Guest Payments.

(3) Platform fee. For every successfully processed Guest Payment, BookDinePlay charges a platform fee of 5 % of the gross amount paid by the Guest. The platform fee is withheld automatically by Stripe from the payout amount at the time of payment and remitted to BookDinePlay; BookDinePlay invoices it to the Operator, or shows it in a statement, plus statutory VAT. Changes to the platform fee are announced to the Operator with at least six weeks' notice; § 4 (6) sentence 3 applies accordingly.

(4) The fees charged by Stripe for processing Guest Payments (in particular transaction, payout, currency and chargeback fees) are borne by the Operator; they are settled by Stripe directly against the connected account. Payouts to the Operator are made exclusively by Stripe under the terms and payout schedules of the connected account. BookDinePlay has no access to the balance of the connected account and owes the Operator no payout.

(5) Refunds. Whether and under which conditions Guests receive a refund is set by the Operator per event in the operator console (for example no online refund, or a full refund until a certain time before the event starts). The Operator is obliged to make its refund conditions clear to Guests before purchase and to comply with the statutory rules, in particular in the event of cancellation or material change of an event. Refunds are paid from the balance of the connected account. The platform fee is returned in the case of a full refund initiated by the Operator; fees retained by Stripe are governed by Stripe's terms. The Operator may trigger refunds itself at any time through the operator console.

(6) Chargebacks and disputes. The Operator bears the risk of chargebacks, payment disputes and fraud in connection with Guest Payments and the fees charged by Stripe for them. BookDinePlay makes the transaction data available in the platform accessible to the Operator so that it can handle disputes with Stripe. If the balance of the connected account is insufficient to cover chargebacks or refunds, this is to be settled solely between the Operator and Stripe.

(7) The Operator may sell through the Service only tickets, vouchers and deposits for its own lawful events and services. Selling goods or services that are prohibited under Stripe's terms is not permitted. If the connected account is restricted or closed or no longer meets the requirements for payments, Guest Payments are deactivated automatically; tickets, registrations and vouchers already sold remain visible to the Guests, and vouchers already issued can still be redeemed.

(8) BookDinePlay makes the payment and refund functions available to the Operator as technical infrastructure. Designing the payment and refund conditions towards Guests, checking the legal admissibility of the event and complying with tax and trade regulations are the sole responsibility of the Operator. The Operator indemnifies BookDinePlay against all third-party claims arising from a breach of these obligations or from the staging, cancellation or modification of its events and bookings, including the reasonable costs of legal defence, unless the Operator is not responsible for the breach.

(9) Vouchers. Through the Service the Operator can issue vouchers (for example value, percentage or item vouchers) manually, for instance against payment on its premises or free of charge as a promotional or goodwill measure, and, where the chosen Plan provides for it, sell them online to Guests ("Vouchers"). The Operator is the seller and issuer of all Vouchers sold or issued through the Service. It alone is obliged towards the buyer and every holder of a Voucher to honour the Voucher, in particular to accept it as a means of payment or to provide the service stated in it, and is liable for its redemption within the period of validity. BookDinePlay is not the issuer of the Vouchers and owes neither the buyer nor the holder of a Voucher any performance, redemption or refund. The termination of this contract does not affect the Operator's obligations under Vouchers already issued; the Operator ensures that it can continue to check and redeem them, for example by requesting in good time before the end of the contract an export of the voucher data under § 7 (7), which on request also includes the voucher codes and the remaining values. The Operator sets the conditions under which it refunds a Voucher purchased online and makes them clear to the buyer before the purchase; through the Service, the sale of a Voucher can be refunded only as long as the Voucher has not been redeemed, not even in part.

(10) The Operator alone determines the conditions of its Vouchers, in particular their kind, value, price, period of validity and redemption terms, and is responsible for their legal admissibility, in particular for complying with the statutory rules on the period of validity of vouchers and on limitation (sections 195 and 199 BGB) and with the information obligations towards Guests. The tax treatment of its Vouchers is the sole responsibility of the Operator, in particular the classification of each Voucher as a single-purpose or multi-purpose voucher within the meaning of section 3 (13) to (15) of the German VAT Act (UStG), the correct VAT treatment of the sale and the redemption, and the accounting treatment of Vouchers that have not been redeemed or have expired. Information that BookDinePlay provides in the Service on these questions does not constitute tax or legal advice.

(11) BookDinePlay provides only the technical platform for issuing, delivering, checking, redeeming and recording Vouchers and, for online sales, the processing of the payment through Stripe to the Operator's connected account in accordance with paragraphs 1 to 8. BookDinePlay is not a cash register: the Service records the issue, the redemption and the remaining value of Vouchers, but not the sales in payment of which a Voucher is redeemed; it is not intended for use as an electronic recording system with a certified technical security device (TSE) within the meaning of section 146a of the German Fiscal Code (AO) and issues no receipts for tax purposes. The Operator records these sales in its own cash register system in accordance with the applicable regulations. For the online sale of a Voucher, the platform fee under paragraph 3 is charged on the sale price; the redemption of a Voucher incurs no platform fee, and where a Guest Payment is settled partly by Voucher, the platform fee is charged only on the portion paid through Stripe. If a payment settled partly by Voucher is refunded, the portion paid by Voucher is credited back to the Voucher and only the remaining portion is refunded through Stripe. Paragraph 8 applies accordingly to Vouchers.

§ 7 Obligations of the Customer

(1) The Customer is responsible for the content it publishes through the Service, in particular business information, menus, prices, allergen and additive information, opening hours, availability, event descriptions, images and messages to Guests. It ensures that this content is accurate, complete and current, does not infringe the rights of third parties (in particular copyright, trademark and personality rights) and does not violate statutory provisions, in particular food, price-indication, competition and youth-protection law.

(2) The Customer grants BookDinePlay, in respect of the content it uploads, the simple, geographically unrestricted right to store, reproduce, edit (for example to scale images), make publicly available and deliver such content to Guests and to third parties authorised by the Customer via widgets, API and mobile applications for the term of the contract for the purpose of providing the Service. No further rights are granted; the Customer remains the owner of all rights in its content and data.

(3) The Customer is the data controller towards its Guests and staff. It ensures that the collection and processing of personal data through the Service is based on a legal basis, that Guests receive the information required under Art. 13 and 14 GDPR, and that it collects through the Service only the data necessary for reservations, bookings, registrations, ticket sales and vouchers. The Customer uses the messaging functions of the Service exclusively for communication relating to specific reservations, bookings or registrations and not for advertising without the consent required for it.

(4) The Customer must not use the Service in a manner that impairs its security, integrity or availability or the rights of other customers or third parties. Prohibited in particular are circumventing access and security mechanisms, automated reading of other customers' data, introducing malware, overloading the API with unreasonable request volumes, offering the Service to third parties as its own service without BookDinePlay's consent, and any use for unlawful, misleading or fraudulent purposes. In the event of violations, BookDinePlay is entitled to suspend individual functions or the Tenant after the Customer has – where reasonable – first been requested to remedy the violation.

(5) The Customer integrates widgets, SDKs and the WordPress plugin into its website on its own responsibility and ensures that its website does not prevent delivery of the Service (for example through content security policies). The Customer alone is responsible for integrations it builds itself on the basis of the API. It complies with the technical requirements described in the documentation, in particular regarding API keys and origin allowlists.

(6) The Customer is obliged to take note regularly of the notifications from BookDinePlay delivered in the operator console and by e-mail to the addresses stored, because changes to these Terms, price adjustments, security notices and payment problems in particular are communicated this way.

(7) Insofar as the Customer needs its data outside the Service, it may request an export in text form at any time; it is itself responsible for keeping such exports. The backups carried out by BookDinePlay serve to restore the Service in the event of a fault and do not replace the Customer's own data backup.

(8) The Customer indemnifies BookDinePlay against all third-party claims, including the reasonable costs of legal defence, that are based on a culpable breach of the obligations under this § 7, and supports BookDinePlay in defending such claims.

§ 8 Availability

(1) BookDinePlay provides the Service in accordance with the state of the art and endeavours to achieve high availability. During the 0.x release series of the Service, no specific availability is warranted and no service level agreement is agreed ("best effort"). A claim to a specific availability exists only if this has been separately agreed in text form.

(2) The point of delivery for the Service is the exit of the data centre used by BookDinePlay to the internet. BookDinePlay is not responsible for the connection of the Customer or the Guests to the point of delivery or for the end devices, browsers and websites used by the Customer.

(3) BookDinePlay is entitled to interrupt the Service temporarily for maintenance work, security updates and further development. Planned maintenance work with an expected interruption is carried out where possible outside the usual opening hours of hospitality businesses and, if it is expected to last longer than 30 minutes, is announced in advance where possible by e-mail to the address stored. Urgent maintenance work to avert security risks or to remedy faults may be carried out without prior notice.

(4) Interruptions caused by force majeure, by faults at third parties (in particular at the payment service provider, the identity service or internet service providers), by attacks of third parties despite reasonable protective measures, by improper use by the Customer or by suspensions under these Terms do not count as unavailability.

(5) Faults must be reported to BookDinePlay without undue delay, stating the circumstances. BookDinePlay begins remedying the fault within a reasonable time and informs the Customer of material faults and their resolution.

§ 9 Liability

(1) BookDinePlay is liable without limitation for damage caused by intent or gross negligence of BookDinePlay, its legal representatives or its vicarious agents, for damage arising from injury to life, body or health, for damage arising from the assumption of a guarantee or from fraudulently concealed defects, and under the German Product Liability Act (Produkthaftungsgesetz).

(2) In the case of slight negligence, BookDinePlay is liable only for the breach of a material contractual obligation, that is an obligation whose fulfilment is essential for the proper performance of the contract in the first place and on whose observance the Customer may regularly rely (cardinal obligation). In that case liability is limited to compensation for the foreseeable damage typical for the contract. The foreseeable damage typical for the contract is deemed to be at most an amount equal to the fees paid by the Customer to BookDinePlay in the twelve months preceding the damaging event per damaging event, and at most twice that amount for all damaging events in one contract year.

(3) BookDinePlay's strict liability under section 536a (1) BGB for defects that already existed when the contract was concluded is excluded.

(4) In the event of data loss, BookDinePlay is liable within the scope of the preceding paragraphs only for the effort that would have been required to restore the data if the Customer had backed up its data properly and regularly.

(5) BookDinePlay is not liable for acts and omissions of Guests, for Guests showing up for reservations, for the solvency of Guests or for decisions of the payment service provider or the identity service, insofar as BookDinePlay is not responsible for them. The Service calculates availability, prices, taxes and billing proposals on the basis of the data entered by the Customer; the Customer remains responsible for the accuracy of that input and the results derived from it.

(6) The foregoing limitations of liability also apply to the personal liability of the officers, employees and vicarious agents of BookDinePlay. The foregoing provisions do not involve a change of the burden of proof to the detriment of the Customer.

(7) Claims of the Customer for damages that do not fall under paragraph 1 become time-barred twelve months after the statutory commencement of the limitation period.

§ 10 Data Protection

(1) When the Service is used, BookDinePlay processes personal data of the Customer's Guests and staff on behalf of the Customer. For this purpose the parties conclude the Data Processing Agreement pursuant to Art. 28 GDPR ("DPA") in its current version, which forms part of this contract and which the Customer accepts at registration together with these Terms. The DPA governs in particular the subject matter and duration of the processing, the categories of data and data subjects, the Customer's right to issue instructions, the technical and organisational measures, the sub-processors engaged, the assistance provided to the Customer, the deletion and return of data, and the rights of evidence and audit.

(2) Insofar as BookDinePlay processes personal data of the Customer and its contact persons for the performance of the contract, invoicing, communication and the security of the Service, it does so on its own responsibility. Information on this is provided in the privacy policy at bookdineplay.com/privacy.

(3) For each acceptance of these Terms and the DPA, BookDinePlay stores the accepted version, the language, the time, the IP address and the browser identifier of the accepting person in order to be able to prove the acceptance.

(4) Both parties undertake to comply with the data protection provisions applicable to them and to bind their staff involved in the processing to confidentiality.

§ 11 Changes to the Terms

(1) BookDinePlay is entitled to change these Terms and the DPA with effect for the future insofar as this is necessary to take account of changes in the law or in case law, changes in the technical or economic conditions, extensions or changes to the Service, or gaps and ambiguities in the terms, and the change is reasonable for the Customer taking into account the interests of both parties. Changes to the fee are governed exclusively by § 4 (6).

(2) Each version of the Terms and the DPA carries a version number and a date from which it applies. Changes are communicated to the Customer at least 30 days before they take effect in text form to the e-mail address stored and in the operator console; the new version and all earlier versions are available at bookdineplay.com/terms and bookdineplay.com/dpa.

(3) Changes that materially affect the scope of services, liability, the term or the rights of the Customer take effect only when the Customer accepts the new version. Acceptance is given by a person authorised to represent the Customer in the operator console; until acceptance, the operator console can be used only to a limited extent, while the public booking functions remain available to Guests. If the Customer does not accept the new version within 60 days of notification, either party is entitled to terminate the contract with 14 days' notice to the end of the month.

(4) Other changes are deemed accepted if the Customer does not object to them in text form within 30 days of receipt of the notification. The Customer is specifically informed in the notification of the significance of silence and of the right to object. If the Customer objects, either party is entitled to terminate the contract with effect from the end of the current billing period; until then the previous version continues to apply.

(5) A notice in the operator console and on the website indicates when a version is still marked as a draft that is subject to final legal review. A draft marked in this way is nevertheless binding upon its acceptance by the Customer until it is replaced by a new version.

§ 12 Final Provisions

(1) This contract and all disputes arising out of or in connection with it are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.

(2) If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the registered seat of BookDinePlay in Ibbenbüren; the competent courts are accordingly the local court (Amtsgericht) Steinfurt or the regional court (Landgericht) competent for Ibbenbüren. BookDinePlay is also entitled to sue the Customer at the Customer's general place of jurisdiction.

(3) The place of performance for all services under this contract is the registered seat of BookDinePlay in Ibbenbüren.

(4) The Customer may transfer rights and obligations under this contract to third parties only with BookDinePlay's prior consent in text form; section 354a of the German Commercial Code (HGB) remains unaffected. BookDinePlay may transfer the contract to a company affiliated with it within the meaning of sections 15 et seq. of the German Stock Corporation Act (AktG) or to a legal successor and will inform the Customer accordingly.

(5) Notifications from BookDinePlay to the Customer are given in text form to the e-mail address stored in the account or in the operator console. Notifications from the Customer to BookDinePlay are given in text form to hello@bookdineplay.com or by post to ThreeB IT GmbH, Bergstrang 105, 49479 Ibbenbüren, Germany.

(6) These Terms are provided in German and English. The German version is authoritative; the English version is provided for information only. In the event of discrepancies or questions of interpretation, the German version prevails.

(7) Side agreements, amendments and additions to this contract must be made in text form; this also applies to any change of this text-form clause. Individual agreements between the parties take precedence over these Terms.

(8) Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is replaced by the statutory rule; if there is none, the valid provision that comes closest to the economic purpose of the invalid provision is deemed agreed. The same applies to gaps in the contract.

(9) These Terms apply in version 1.0 from 22 September 2026. Questions about these Terms are answered by BookDinePlay at hello@bookdineplay.com.