Terms and Conditions for Use of Ayanation.com and collaboration with Ayanation agency

1. PREAMBLE

Ayanation the agency & website “ayanation.com” is owned and operated by Agnieszka Kurek and on this website called ( “we,” or “us” „portal“ “agency” „Ayanation“).

This Disclaimer, along with the Terms of Use and Privacy Policy, governs your access to and use of www.ayanation.com, including any content, functionality and services offered on or through the website or app, ayanation services, whether as a user, customer, guest or a registered user.

Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

Ayanation may be used to search, book (“Booking”) and pay online for various services in the field of services and leisure activities as well as venues, “experiences”, “private sessions” (referred to collectively as the  Leisure Offerings ). The Services are provided by the business associate company (the “Expert”; referred to as the “Contracting Parties”) on its own responsibility, in its name and for its own account. Ayanation supports the Experts with the Ayanation System in dealings with Users essentially only by providing a clear presentation of the  services / products and by handling bookings, but not by performing the User/Service Agreements between the Operator and Users.

User’s Account, Registration Process, Contract Term

User’s Account. In order to be able to avail oneself of the Experiences and Private  Sessions and Leisure Offerings provided via Ayanation, Users can register on the Ayanation.com (“Registration”) and Ayanation must activate the User’s access to the Platform (the “User Account”). A User may only register on the Ayanation.com in his own name and must be at least 16 years of age. The User Account is transferable only with Ayanation.com consent. Ayanation.com reserves the right to reject a Registration by Users without the need to state grounds of rejection. This applies particularly in cases where a User does not meet the above-referenced minimum age requirement. The User’s data which has been transmitted will in such case be promptly deleted. Ayanation is furthermore also entitled to block a User Account at any time. Users have no legal entitlement to a User Account.

Contract, Registration And Booking Process. Registration is carried out via an online form in which the User fills in the data requested (specifically: given name and surname, e-mail address, telephone number). The completion of the Registration form and forwarding of the form to Ayanation.com constitutes a mere offer by the User to us to conclude a contract for the use of the Ayanation. The Contract then only arises at such time as We activate the User Account. Where the Registration, or Booking is not fully completed (e.g. because a mandatory field is not completed or the Privacy Statement is not acknowledged), no Contract will arise between the User and Ayanation. Following completion of the Registration/ Booking the User may use the Ayanation.com on an unlimited basis.

Contract Term, Termination. Contracts are made for an indefinite term. Both Parties have the right at any time to terminate the Contract (directly via the Ayanation.com). Deletion of an entire User Account in addition to termination is covered by the Privacy Statement. In any event, it is deemed to simultaneously terminate the Contract. If the User gives notice of termination, then all Bookings which may have been previously made will lapse. If Ayanation terminates the Contract, Eversports shall endeavour to ensure that the User is nevertheless still able to avail himself of the Booking.

Obligations of User

Use of User Account. Users have a duty to keep the data they have entered on the Ayanation.com Portal updated at all times. Users have the duty to keep their access data secret. Access to the Ayanation.com may not be given to third parties either for consideration or gratuitously. If the User should learn that a third party has access to his User Account, he must promptly inform Ayanation thereof by e-mail to office@ayanation.com The User shall be liable to Ayanation for any losses incurred through impermissible disclosure of access data. In addition, in the event that a third party uses a User’s access data, the acts of such third party taken on the Ayanation shall be imputed to the User as if they were the User’s own actions (in particular: Bookings).

Unlawful data processing. No defamatory, insulting or other unlawful or questionable communications or data (in particular: in connection with any type of pornography, threats of violence of glorification of violence and any political or religious extremism, viruses, spyware, Trojan horses etc.) may be uploaded to the Ayanation.com. Users are likewise prohibited from placing any sensitive data (data of natural persons regarding their racial or ethnic origins, political opinions, trade union affiliation, religious or philosophical beliefs) and health-related data on the platform. Users undertake that they shall only process personal data on the Eversports Platform with the express consent of the data subject.

Ratings, recommendations, advertising. Ratings of Experts are based on Ayanation own rating system, and specifically on the pooled experiences of Users. All further information regarding an Expert originates with that Expert itself. Evaluation reports and recommendations by Users on the Ayanation.com must comport with the facts and be worded in as neutral a manner as possible. However, every type of advertising on the Ayanation.com, whether direct or indirect, concealed or disclosed, is prohibited. This also includes publication/disclosure of e-mail addresses, telephone numbers, links to third-party websites, logos, company names, product names, content with a commercial background.

Remuneration, Prices, Bookings, Payment, Cancellation, Misuse

Remuneration of Ayanation.com The use of the Ayanation is free of charge to the User (however, see special rule regarding Marketplace Offerings).

Prices of Experts. The prices indicated on the Experts for Leisure Offerings are end prices and specifically do include the statutory value added tax. The prices originate exclusively with the Expert. Ayanation disclaims all liability for these details.

Booking. Every Booking or Booking query by the User on the Ayanation is forwarded by Ayanation to the Expert in its capacity as legal messenger, either by e-mail, phone or directly via the Ayanation Portal. Bookings only are valid and effective at such time as a corresponding confirmation of the Booking is received from the Expert. The confirmation of the Booking is shown either directly by Ayanation on its portal or forwarded by e-mail, or sms, whats up, messenger of the Expert; however, Ayanation does not assume any liability for the User’s receipt of e-mail, or phone confirmation.

Payment. Users must pay the price for Leisure Offerings booked by them at the prices indicated by the Expert on the Ayanation directly at the provider’s venue, his bank account or via the Ayanation Portal. There are various methods of payment at various rates available for this purpose. If the Expert becomes insolvent before the User has availed himself of the Leisure Offering which he has already paid for via Ayanation, then the User will only receive a refund of the charge from Ayanation if Ayanation has not yet forwarded the payment to the Expert. Thus, the User bears the risk of the Experts creditworthiness. 
When the User pays directly to the Expert, the Expert shall make payment of such a comission within fourteen days after finishing a session or an experience, Leisure Offering. 

Cancellations. As a basic rule, the User must assume that a Booking cannot be cancelled. However, several Experts do grant cancellation rights to Users in certain circumstances. The terms of cancellation for booked Services and Leisure Offerings vary depending on the Expert. Cancellation following expiry of the cancellation period is possible only with the consent of the Expert in question.

Cancellation In The Event Of Misuse Of Gratuitous Services. In order to prevent Users from misusing services of Experts which are exceptionally provided free-of-charge and not to charge incorrect Bookings to Experts, Ayanation reserves the right to cancel a reservation in the individual case if Ayanation or the Expert is unable to reach the User under the e-mail or telephone number indicated with any follow-up queries. In such cases, the User shall have no claim to avail himself of the Services and Leisure Offering. The same applies if Bookings have repeatedly been made in the past under the e-mail address given by the User and the User has failed to avail himself of the free Services and Leisure Offering.

Liability

Counterparty For Services And Leisure Offering. Contracts for the use of the specific Services and Leisure Offering are formed exclusively between the User making the Booking and the  Expert offering it. All claims and obligations under such agreements shall be directly and exclusively between the User and the Expert. To such extent, Ayanation also disclaims all liability in the event an Expert has not accepted/entered any Bookings in its Booking system.

Based on the qualities/characteristics of software and of online applications, Ayanation is unable to furnish any guarantee that the Ayanation will be available and capable of being accessed on an ongoing and continuous basis. Ayanation may at any time restrict the availability of the Ayanation or particular areas or features if this is necessary in respect of capacity limits, security or the integrity of its servers or in order to perform maintenance work safeguarding the proper or improved functionality of the Ayanation. Ayanation may, from time to time, make changes, further development or restrictions to its Ayanation.com.

Liability. In all further and other respects, Ayanation shall only be liable for breaches of contract if the intentional acts or grossly negligent conduct of Ayanation vicarious agents or legal representatives is imputed to Ayanation pursuant to the applicable legal rules (of the German Civil Code, Berlin Germany).

Ayanation is authorised to pass on the User’s contact data to the expert, as the responsible data controller for its own operational purposes (e.g. the legitimate interest in knowing who is entering the event, self-promotion purposes). As regards the data passed on to the expert, the sole contact and respondent in any data protection matters is thus the expert itself.  

The User hereby confirms that he had the opportunity to fully acquaint himself with the contents of these Terms and Conditions of the Disclaimer prior to contracting and also had the option to store them in a permanent fashion and is in agreement with the content of these Terms and Conditions of Use.