Terms of use
These Terms of Use apply to consumers (below: End Customers) who visit us on VisitorApp and who may wish to purchase the products offered on VisitorApp. In the event that offers are purchased 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 provider's profile page, shall also apply, if available.
VisitorApp is an offer of IT-Kompass GmbH (below: 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 shipping the tickets and vouchers.
These Terms of Use of the VisitorApp are divided into two parts. Part I regulates the general terms of use for the website https://visitorapp.io and the app. Part II regulates additional, special terms of use for the mobile application VisitorApp.
Part I: General Terms of Use
§ 1 Definitions
Coupons are discount or advantage tokens which the Provider makes available to the end customer. With coupons, the end customer can purchase products of the provider on site with the respective indicated discount (e.g. 20% on the respective service) or advantage (e.g. three for the price of two).
Vouchers are bearer documents that show a value in euros and can be redeemed at the respective provider for a product offered by the provider. Cash payment is excluded.
Marketplace is a provided website or mobile app on which several providers can post their offers (tickets, vouchers or coupons), which the end customer can purchase on this website or mobile app in the provided webshop.
Mobile app is a mobile application that can be downloaded from an app shop and used on mobile devices.
User is the person who calls up the website or app and uses the contents of the website or mobile app by opening it.
Products are goods and/or services of the provider that the end customer receives in exchange for tickets, vouchers or coupons to be purchased on the marketplace.
Tickets are bearer documents which entitle the holder to attend the event specified on the ticket at the price stated on the ticket. Cash payment is excluded.
Webshop is an online shop of IT Kompass in which the end customer can purchase one or more tickets, vouchers or coupons. The webshop is integrated into the marketplace.
§ 2 Access to the website https://visitorapp.io and the mobile app "VisitorApp”
1) IT Kompass undertakes to use all reasonable means to provide the user with reliable and fast access to the website and the mobile app. The Website and the mobile app are available 24⁄7, subject to any random interruptions or interruptions necessary for the smooth functioning of the respective pages, such as maintenance work. Any such interruption, if any, shall not entitle the User to any compensation.
2) Access to the website and the mobile app is free of charge.
3) IT Kompass reserves the right to make the use of certain functions on the website and the app subject to certain conditions (registration, period of use, technical requirements, etc.). IT Kompass also reserves the right to restrict certain purchasing activities if it is feared that unauthorised access to electronic communication networks could occur or that damage could be caused to computer and electronic communication systems. IT Kompass may in such circumstances restrict the User's purchasing activities or make further use subject to verification.
4) Unless otherwise agreed in writing, the Website and App are for non-commercial, personal use only and not for business purposes. The End Customer may not access the Website or App by means of a robot, offline reader or other device used to search the Website or for automated retrieval of the Website or by means of any other manual or automatic device, tool or process to retrieve, explore the data of the Website or App by means of scraping, spidering or the like.
§ 3 Customer service, faults, complaints
1) IT Kompass offers a customer service for the end customer in the event of a technical malfunction. For this purpose, please contact:
Email: hello (at) visitorapp.io (Please use the email address without spaces and use the @ - sign).
The current contact details can always be found in the footer on the website https://visitorapp.io.
2) If the end customer has any complaints or questions regarding the purchase of the tickets, vouchers and/or coupons, he/she must contact the respective supplier, whose contact details can be found on the respective offer page. The Provider alone is responsible for any problems arising in connection with the contract between the End Customer and the Provider. This does not apply if it is a matter of technical problems in connection with the functionality of the website or mobile app. In this case, Clause 1
§ 4 Offers on the virtual platform VisitorApp
1) The end customer can have selected products and events displayed for the region he has selected. Various categories are made available to him (e.g. musical offers, sporting offers, cultural offers).
2) The respective offers are created by different providers and can be purchased by the end customer in the form of tickets or vouchers or coupons. IT Kompass does not provide its own offers. IT Kompass merely provides the marketplace with shop function for the transactions between supplier and end customer.
3) On the offer page of the respective product (ticket or voucher or coupon), the seller and their address details will be named. The details of the seller, their offers and the content of the respective offers are created by the respective seller and are not checked by IT Kompass for their legality, correctness and completeness.
4) The end customer can purchase several tickets and/or vouchers and/or coupons, both from the same provider and from different providers, as required. However, the latter does not apply to the mobile app.
5) In order to complete a purchase, the end customer must accept the general terms and conditions of the respective provider and take note of the data protection information. The end customer can find the general terms and conditions of the provider on the respective profile page of the provider. The contract is concluded exclusively between the provider and the end customer.
§ 5 Registration, data details
1) The end customer is given the opportunity to register with VisitorApp and to create a customer account if the end customer has reached the age of 18. Minors are not allowed to register with VisitorApp.
2) The customer account on the VisitorApp website is voluntary. The customer only has to enter his email address to complete the registration. All other information is voluntary within the customer account. The end customer can manage his data in the customer account himself. Special features apply to the mobile app (see Part II).
3) The end customer must provide complete and correct data when making a purchase. He must provide the complete address (the specification of a post office box is not sufficient). The end customer is solely responsible for the correctness and completeness of his details.
4) The information that the end customer must provide for a purchase in accordance with the aforementioned point 3) will only be assigned to his customer account if the customer consents to this. Saving the details in the customer account facilitates future sales processes, as the end customer does not have to enter the saved details again. However, in the event of a change to his data, the end customer must update the data in his customer account himself.
5) If there are indications that the end customer's password has been misused, the end customer must inform IT Kompass immediately.
6) If a user account is not used for longer than 12 months, IT Kompass reserves the right to delete this account and all associated data. The end customer will be informed of this measure in good time, but no later than one month before the deletion, via the communication data stored by the end customer. The end customer can prevent the deletion of the account by logging into his user account.
§ 6 User account, registration
1) The end customer can manage, change or delete his data in his user account.
2) The end customer should log out of his user account when leaving the website.
§ 7 Purchase transaction, payment transaction
1) The purchase contract for a ticket, voucher or coupon is concluded exclusively with the relevant provider. IT Kompass merely provides the online platform in the form of a marketplace.
2) The end customer receives all information about the provider and the purchased ticket, voucher or coupon on the provider's respective profile and offer page. The Provider is solely responsible for the content on his offer page.
3) Payment processing is carried out by payment processing companies on behalf of the Provider for transactions carried out on Visitor App. The payment processing company selected by the end customer receives the amount paid by the end customer on behalf of the Provider and forwards the amount to the Provider. The end customer has the option of initiating returns and cancelling purchases.
4) The end customer receives the ticket, voucher or coupon by email as a PDF with a QR code, which he needs to redeem the ticket. The QR code can be presented in digital form with a smartphone or other mobile device, or the PDF file can be presented in printed, legible form. The end customer is responsible for the legible quality of any printout.
§ 8 Sanctions, termination
1) If the end user breaches the terms and conditions of use set out herein, IT Kompass may take the following measures:
- Issue a warning to the end user
- Restriction of the use of the offers on the marketplace
- Temporary or permanent blocking of the user account with subsequent deletion
2) IT Kompass will observe proportionality in its choice of measures and will take into account the end client's legitimate interests. The end client can provide evidence that he is not at fault for the breach of the applicable terms of use.
§ 9 Data protection
The current data protection regulations apply.
The Operator observes the applicable data protection regulations and legislation when collecting, using and processing personal data. The user consents to the operator to the collection, processing and use of personal data in compliance with the relevant laws in order to make the use of the applications possible and accessible to the user.
The operator endeavours to continuously improve the use and functions of the applications. Optimisations in this regard will be communicated to the user by the operator as required. The user agrees to receive news and information about these optimisations.
Data will not be passed on to third parties without your consent.
Details of the purposes of data processing can be found in the website's data protection declaration: https://visitorapp.io/de-de/home/datenschutz.
Complaints, requests for information and other concerns about data protection should be addressed to the data protection officer of IT-Kompass:
Dr. Ralf W. Schadowski
§ 10 Changes to the Terms of Use
IT Kompass may amend these Terms of Use from time to time to implement legal requirements or to reflect changes in functionality. Any changes to these Terms of Use will be published on this platform. If the End Customer does not agree with the change to the Terms of Use, the End Customer will no longer be able to use this Service. By using the platform on https://visitorapp.io and the mobile app, the end customer agrees to use this platform and the mobile app respectively.
Part II: Mobile Application VisitorApp
These Terms of Use apply in addition to Part I to the use of the mobile application VisitorApp (hereinafter: App). The scope of functions of the mobile app may differ in parts from the scope of functions of the website https://visitorapp.io. The contents of the mobile app are restricted to personal use.
By using the mobile app, you agree to the terms of use.
§ 1 Access to offers in the app
1) The end customer can access the contents of the app free of charge. Registration or logging into an existing account is only necessary if the end customer purchases a ticket, voucher or coupon via the app.
2) Minors who have not yet reached the age of 18 may use the app without registering. However, they are not permitted to register.
§ 2 Registration in the app, notifications
1) The end customer can log in to his user account and access his customer account data and his previous purchases.
2) If the end customer is logged into the mobile app, he or she can receive notifications from the respective providers, provided that these are notifications relating to a purchased ticket or purchased voucher. In addition, the end customer may receive so-called push notifications, provided that the end customer has allowed this in his or her settings.
3) The end customer can deactivate the notification function in the settings menu of the mobile app.
§ 3 Purchase of tickets, vouchers or coupons
1) The end customer can select one or more tickets, vouchers or coupons of a provider and purchase them immediately from the respective provider. There is no shopping basket.
2) The seller and thus the contractual partner of the end customer is the provider.
3) The end customer receives a QR code with which he or she can present the ticket, voucher or coupon on site at the respective provider or event and thus redeem it. In the VisitorApp mobile application, the QR code can also be called up under the "Bookings" tab and opened there.
4) Tickets, vouchers or coupons that have already been redeemed are no longer in the user account. The end customer can view the bookings in his user account.
§ 4 Liability
1) The content of the respective offers was created by the provider. IT Kompass accepts no liability for the content of the offer pages or the content about the respective providers. Consequently, IT Kompass is not liable to the end user or third parties for any loss or damage caused by reliance on any offer content. IT Kompass does not control the content. Should it become apparent that offers contain misleading, deceptive or illegal content, IT Kompass will take appropriate action as soon as it becomes aware of this.
2) IT Kompass makes no guarantees regarding the availability, reliability, functionality or suitability of the app for the purposes of the end customer. Liability is excluded unless required by law, e.g. under the Product Liability Act, or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. Material contractual obligations are obligations the fulfilment of which is a prerequisite for the proper performance of a contract and compliance with which the contracting parties may regularly rely on. Compensation for damages due to breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence.
3) For claims arising from loss of data due to negligence on the part of IT Kompass, IT Kompass will only be liable in accordance with the above paragraph to the extent that the end client has backed up his data at appropriate intervals in such a way that it can be restored to a reasonable extent.
4) IT Kompass also excludes liability for all other damage, in particular for data or hardware errors or interruptions caused by unforeseen incompatibility with the end client's systems or mobile devices or by system interruptions due to faulty configuration or out-of-date configuration.
5) Liability under the Product Liability Act shall remain unaffected by the provision in this agreement.
§ 5 Copyright and industrial property rights
The app and the contents of the app are subject to copyrights and industrial property rights. The use of the app and the contents is therefore permitted exclusively for private purposes.
§ 6 Additional conditions for the respective mobile device of the end customer
Individual purchases by the end customer are not transferable between the different Apple and Google accounts. For example, issues purchased by the end customer with his Apple account and downloaded on his Apple mobile device cannot be transferred to a mobile device with the Android operating system on which the end customer uses a different account (e.g. from Google or Amazon).
§ 7 Final provisions
IT Kompass is constantly working to optimise this service. To this end, IT Kompass reserves the right to add, restrict or even remove functions and features. The end customer has no right to functions and features unless these restrict the end customer's rights to such an extent that the customer can no longer redeem the tickets or vouchers he has purchased.
Status of the Terms of Use: 09.02.2021
