Terms of Service

§ 1 Scope

These Terms of Service (“Terms”) apply to the use of the XmasMarkets.net platform (hereinafter the “Platform”), operated by FruityPages, Tentstraat 86, 6991 BJ Vaals, Netherlands (hereinafter the “Provider”).

They apply to all users of the platform: visitors as well as owners of Christmas market stalls (hereinafter “stall owners”). Any deviating terms and conditions of users do not apply unless the provider expressly agrees to them.

§ 2 Description of services

The platform is a directory of Christmas markets in Germany with their stalls, menus and site maps. Using the directory is free of charge and possible without registration.

Visitors can create a free account to use additional features such as the favourites list. There is no entitlement to an account or to particular features.

Stall owners can create a free owner account and propose their stall for inclusion in the directory. The publication of stall entries and changes to them is subject to approval by the provider. There is no entitlement to publication; the provider may reject entries or remove them again, in particular in the event of violations of these Terms of Service or applicable law.

§ 3 Premium subscription for stalls

Stall owners can take out a paid Premium subscription for their stall. The price is €1.99 per month; payment is made annually in advance at €19.99 per year. Payments are processed by the payment service provider Stripe.

The subscription term is one year. The subscription renews for a further year unless it is cancelled before the end of the current term. Cancellation is possible at any time with effect from the end of the current term; until then, the Premium features remain active. Fees already paid are not refunded pro rata unless required by law.

The provider reserves the right to change prices for future subscription periods. Price changes will be announced in good time before renewal and only take effect from the next subscription period.

§ 4 Right of withdrawal for consumers

Consumers have a statutory 14-day right of withdrawal when taking out the Premium subscription. The withdrawal can be declared without giving reasons in text form (e.g. by email to pcallround@gmail.com). Sending the notice before the deadline expires is sufficient to meet it.

The right of withdrawal expires early if the provider has started performing the service after the consumer has expressly agreed that the provider may begin performance before the end of the withdrawal period, and the consumer has confirmed their awareness that they lose their right of withdrawal by giving this consent once performance begins.

§ 5 Obligations of stall owners

Stall owners are obliged to provide truthful information (in particular about their stall, menu, location and hours) and to keep it up to date. Entries must not contain any content that is unlawful, misleading or infringes the rights of third parties.

By uploading photos, the stall owner warrants that they hold the necessary rights to the images and that no identifiable people are shown without their consent, and grants the provider a simple right of use to display them on the platform. The stall owner indemnifies the provider against third-party claims arising from a culpable breach of these warranties.

§ 6 Availability and changes to the platform

The provider endeavours to keep the platform available with as few interruptions as possible, but does not owe any particular level of availability. Maintenance work, further development or disruptions may lead to temporary restrictions. The provider is entitled to change or discontinue free features at any time; for paid services, the contractual obligations for the current subscription period remain unaffected.

§ 7 Limitation of liability

The provider is liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health. In cases of simple negligence, the provider is only liable for the breach of essential contractual obligations (obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the user may regularly rely), limited to the foreseeable damage typical for this kind of contract.

Any further liability is excluded. Liability under mandatory statutory provisions remains unaffected.

§ 8 Third-party content and data quality

The market data shown on the platform (e.g. dates, opening hours, locations) comes in part from publicly accessible sources and from information provided by third parties. The provider accepts no responsibility for its accuracy, completeness or currency. The information provided by the respective organiser or operator on site is always authoritative.

§ 9 Final provisions

The law of the Federal Republic of Germany applies, as the platform is aimed at users in Germany. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the country in which they habitually reside.

Should individual provisions of these Terms of Service be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory rules.