(1) MICE Portal GmbH (hereinafter referred to as "MICE") provides an online booking platform (hereinafter referred to as the "Portal") at www.miceportal.de, via which hotels, event locations or event providers (collectively referred to as "Providers") can create an entry, contact customers and accept bookings from registered customers. Providers can create their own personalised entry for their offers and use the other free and paid services currently available on the portal, subject to availability. Further information on the services can be found in the description of the services, § 8.

(2) These Terms of Use govern the provision of services by MICE and the use of these services by providers.

(3) Information regards data security on MICE is available here.

(4) These Terms of Use shall only apply to providers who are entrepreneurs („Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB).

(1) MICE reserves the right to amend these Terms of Use at any time, including within existing contractual relationships, insofar as the individual amendments are reasonable for providers and the need for amendment arises for the following reasons: Legal changes, changes in case law, existing ambiguities in the terms of use, security aspects of the portal, changes to the functions of the portal. The following provisions of the Terms of Use cannot be changed as part of such an amendment: The type of contract, the essential business characteristics ("essentialia negotii") and the limitation of liability. MICE shall notify the providers of such changes at least 30 calendar days before the planned entry into force of the changes. If the providers do not object within 30 days of receipt of the notification and continue to use the services even after expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the deadline. In the event of an objection, the contract shall be continued under the previous conditions. In the notification of change, MICE shall inform the providers of their right to object and of the consequences.

(2) In the event of changes in VAT, MICE shall be entitled to adjust the remuneration for chargeable services such as "MICE ADS" and "MICE Professional Account" (see § 8) in line with this change, without the aforementioned right of objection.

(3) MICE shall be authorised at any time to change services provided free of charge on the portal, to make new services available free of charge or against payment and to discontinue the provision of free services. In doing so, MICE shall take into account the legitimate interests of the provider.

(1) The use of the services available on the portal requires the providers to register. There is no entitlement to participation. Applications for participation may be rejected by MICE for objectively justified reasons.

(2) Registration is only permitted for companies within the meaning of § 14 BGB („Unternehmer").

(3) MICE offers providers the choice between a basic account and a professional account. Registration for the basic account is free of charge and includes acceptance of these terms of use. The professional account offers a significantly extended range of services against payment of a monthly usage fee. The current usage fee to be paid for the Professional account is displayed during the registration process. Further details on the respective range of services can be found under § 8.

(4) Providers can switch from the basic account to the professional account at any time. To do this, providers must switch to the "Marketing" tab in the portal via their personal settings and select the appropriate product there.

(5) The contact details and other information requested by MICE during the registration process must be provided completely and correctly by the provider. When registering a legal entity, the natural person authorised to represent the entity must also be stated.

(6) Once all the requested data has been provided, MICE shall check it for completeness and plausibility. If the information is correct from MICE's point of view and MICE has no other concerns, MICE shall activate the requested access and notify the provider of this by e-mail. This e-mail shall be deemed to be the acceptance of the application to conclude a contract in accordance with these GTC.

(7) The activation of the fee-based "Professional Account" or another marketing product takes place after acceptance of the offer from MICE by the provider. The contract term for the "Professional Account" is specified in the offer from MICE and also describes the billing period. For clarification: These GTC shall apply from the moment the account is activated. This also applies if the account is activated before the start of the contract term stated in the offer.

(1) During the registration process, providers are asked to enter a username and password. Providers can use this data to log in to the portal and edit their entry once access has been activated and confirmation has been given in accordance with § 4 (3). It is the responsibility of the provider to ensure that the username does not infringe the rights of third parties, in particular name or trademark rights, and does not offend common decency.

(2) The access data, including the password, must be kept secret and not made accessible to unauthorised third parties.

(3) It is also the responsibility of the provider to ensure that access to the portal and use of the services available on the portal is carried out exclusively by the provider or by persons authorised by the provider. If there is reason to fear that unauthorised third parties have obtained or will obtain knowledge of the access data, MICE must be informed immediately.

(4) Providers are liable for any use and/or other activity carried out under their access data in accordance with the statutory provisions.

(1) Providers may create an entry and post content on the portal and thus make it available to third parties, in particular customers, subject to the following provisions.

(2) Providers can customise their entry in the portal within the framework of these Terms of Use and the specifications of MICE.

(3) As a rule, MICE does not check the information in the entries. MICE reserves the right to change specified attributes and properties if they do not correspond to the truth or lead to an irritating search result.

(4) When selecting images for the entry of a Professional Account, MICE reserves the right to request other images if the quality does not meet the requirements set out in the portal on the corresponding page or if the informative value does not meet MICE's expectations.

(5) By posting content, providers grant MICE a free and transferable right of use to the respective content, in particular

- to store the content on the MICE server and to publish it, in particular to make it publicly accessible (e.g. by displaying the content on the portal),

- for processing and reproduction, insofar as this is necessary for the provision or publication of the respective content.

If providers remove the posted content from the portal, the right of use and exploitation granted to MICE above shall expire. However, MICE shall remain authorised to retain copies made for backup and/or verification purposes.

(6) Providers are fully responsible for the content they post. MICE does not necessarily check the content for completeness, accuracy, legality, topicality, quality and suitability for a specific purpose.

(7) Providers therefore declare and warrant to MICE that they are the sole owner of all rights to the content they post on the portal, or that they are otherwise authorised (e.g. by effective permission from the rights holder) to post the content on the portal and to grant the rights of use and exploitation in accordance with the above paragraph (5).

(8) MICE reserves the right to refuse the posting of content and/or to edit, block or remove content that has already been posted without prior notice if the posting of content by the provider or the posted content itself has led to an infringement of Section 10. However, MICE shall take your legitimate interests into account and choose the mildest means of defence against the violation of Section 10.

(9) Suppliers are obliged to keep their data (including contact details) up to date. If a change occurs to the data provided during the period of participation, the information must be corrected on the portal without delay.

(1) Providers can cancel the basic account at any time by unsubscribing from participation in the portal.

(2) A minimum contract term of 12 months applies to the Professional Account, beginning with the start of the contract specified in the offer (Section 3 (7)). From the expiry of the minimum contract term, the contract shall be automatically extended by renewal periods of 12 months in each case, unless one party cancels the contract subject to a notice period of 8 calendar weeks before the expiry of the minimum contract term or the respective renewal period.

(3) When the cancellation takes effect, the contractual relationship shall end and providers may no longer use your access. MICE reserves the right to block the user name and password when the cancellation takes effect.

(4) MICE shall be entitled to irretrievably delete all data generated in the course of participation 30 calendar days after the cancellation takes effect and after the expiry of any statutory retention periods, unless MICE is obliged to delete this data earlier for reasons of data protection law.

(1) If a customer requests a booking from a provider via the portal and the provider concludes a corresponding contract with the customer, the customer and provider become contractual partners. In this relationship between the customer and the provider, only the contractual provisions of these parties as stated in their contract shall apply.

(2) If the provider contacts the customer and asks the customer to send their enquiry directly to the provider instead of via the portal in order to avoid a booking in the portal, MICE shall have the right to delete the provider's entry.

(3) MICE shall charge a commission of 12% on all services listed, booked and utilised in the offer or reservation contract when a booking is made for which the enquiry and offer were initiated on the portal. MICE calculates the agency commission after the conclusion of the event only on the basis of the services actually utilised. For clarification: The percentage rate will not be adjusted, but the fee will be adjusted if the service actually utilised and invoiced differs from the service booked. Services that a provider obtains from its subcontractor ("third party") are not subject to this commission regulation.

(4) The obligation to pay an agency commission shall not apply if, at the time the offer is submitted, the provider is registered as a framework contract partner ("Rahmenvertragspartner") in the corresponding customer instance of MICE for the date of the event. This is the case when the commercial data of this framework agreement is activated in the customer's MICE portal instance. Activated means that the customer transfers the data to MICE and MICE activates it for the portal. For bookings made outside the agreed and deposited framework agreement period, the provider is obliged to pay the commission in accordance with paragraph (3) and to take this into account accordingly in its offer. The rejection of the commission due to a reference to a future framework agreement cannot be taken into account. In this case (i.e. in the event of a booking outside the agreed and deposited framework agreement period), the provider receives the customer's enquiry with the request to include 12% commission in its offer prices. If it transpires at the time of the event that the customer and provider have concluded a framework agreement in the meantime and these rates have also been declared in the MICE portal, MICE may reduce its commission claims against the provider by 50% at its discretion.

(5) After the end of the event, MICE shall send the provider a request to enter the actual costs of the event in the MICE portal in order to calculate the commission invoice on the basis of the data actually utilised. The provider is obliged to enter the data in the portal within 3 working days of invoicing. If the provider breaches this obligation, MICE shall charge the commission on the basis of the contractual reservation amount. In addition, depending on the customer agreement, this invoice information is used for fast invoice processing. In the event of discrepancies in the services utilised, MICE shall have the right to inspect the customer invoice. The agency commission refers to the net amount plus the VAT applicable at the time of invoicing.

(6) In the event that a reservation of a customer is cancelled for a fee and a cancellation invoice is issued for this, MICE shall be entitled to charge the agency commission of 12% on the cancellation invoice in accordance with paragraph 3.

(1) MICE offers both free (Basic Account) and fee-based services on the portal, such as the Professional Account and other marketing and advertising products. Unless otherwise agreed between the parties, the prices according to the current price list shall apply. Updated prices for future services will be sent by e-mail in PDF format.

(2) The specific scope of the Professional Account and Basic Account can be found on the website. Both include the possibility of an entry with unlimited content, participation in the booking portal and support. In general, however, there is no right to display the entry in the portal as part of the free Basic account. The provider is also not entitled to a specific ranking for their entry. The ranking is based on a "quality score", which is explained in more detail here. The purchase of the following additional functions has an influence on the ranking.

(3) The Professional Account includes additional services such as highlighted ranking, analysis tools, direct search, message centre and enhanced support. The use of the services available within the Professional Account is covered by the monthly usage fee for the registration of the Professional Account. If a Professional Account exists at the time the offer is submitted, the commission claims for this booking are reduced from 12% to 10% in accordance with § 7. Otherwise, § 7 applies accordingly.

(4) Service providers can book MICE Ads to place corresponding adverts in the portal. This increases the reach and makes it easier to reach the target group. The specific functions of MICE Ads can be found on the website.

(5) For the fee-based Professional Account and for all fee-based services (including those that are accessible within the Basic Account), MICE guarantees availability of 99% on a monthly average within its area of responsibility. The regular maintenance windows of the portal, which are every Sunday between 6:00 pm and 5:00 am, are not included in the calculation of availability.

(6) All fees stated are subject to the applicable statutory value added tax. Your Professional Account will be activated no later than two working days after acceptance of the offer. The contract term corresponds to the details in the offer (see § 3 para. 7). Payment is made annually at the beginning of the contract term specified in the offer. The Payment term is 14 days without deduction.

(7) In the event of delay, MICE is entitled to demand late payment interest in the amount of 9 percentage points above the base interest rate, unless the Provider proves a lower damage or MICE proves a higher damage.

(8) Offsetting is only permitted with undisputed or legally established counterclaims. A right of retention can only be asserted if it is based on the same contractual relationship.

(1) The content available on the portal originates partly from MICE and partly from other providers or other third parties. Content from providers and other third parties is hereinafter collectively referred to as "third-party content". MICE does not check third-party content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of third-party content, unless the illegality is obvious and known to MICE. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also insofar as third-party content on linked external websites is concerned.

(2) All content on the portal is third-party content, with the exception of content that is labelled with a copyright notice from MICE.

(1) Providers are prohibited from any activities on or in connection with the portal that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:

• - the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or fraudulent content, services and/or products;
• - the use of content that insults or defames other providers, customers or third parties;
• - the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so.

(2) Furthermore, providers are prohibited from the following activities when posting their own content on the portal and when communicating with customers (e.g. by sending personal messages), irrespective of any violation of the law:

• - the spread of viruses, Trojans and other malicious files;
• - the sending of junk or spam mails and chain letters;
• - the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
• - the harassment of customers, e.g. through repeated personal contact without or contrary to the reaction of the customer, as well as the promotion or support of such harassment;
• - requesting customers to disclose passwords or personal data for commercial or illegal or unlawful purposes;
• - the distribution and/or public reproduction of content available on the portal, unless this is expressly authorised by the respective author or expressly made available as a functionality on the portal.

(3) Also prohibited is any action that is likely to impair the smooth operation of the portal, in particular to place an excessive load on MICE's systems.

(4) Should any illegal, abusive, non-contractual or otherwise unauthorised use of the portal become known, MICE must be informed immediately. MICE shall then investigate the matter and take appropriate action if necessary.

(5) If there is a suspicion of illegal or criminal offences, MICE shall be entitled and, if necessary, obliged to review the activities and, if necessary, to take appropriate legal action. This may also include forwarding the facts of the case to the public prosecutor's office.

(1) MICE may temporarily or permanently block access to the portal and entries if there are concrete indications that providers are violating or have violated these Terms of Use and/or applicable law, or if MICE has another legitimate interest in blocking access. When deciding whether to block an entry, MICE shall give due consideration to the legitimate interests of the provider.

(2) In the event of temporary or permanent blocking, MICE shall block the access authorisation and notify the person concerned by email. In the event of a longer-term (more than 30 days) or permanent blocking, advance payments (e.g. for a professional account) shall be refunded on a pro rata basis.

(3) In the event of temporary blocking, MICE shall reactivate the access authorisation after the blocking period has expired and notify the person concerned by e-mail. Permanently blocked access authorisation cannot be restored. Permanently blocked providers are permanently excluded from participating in the portal and may not register on the portal again. The entry will be deleted immediately.

(4) MICE may block the user account of a provider if there are indications that the user account has been used in an unauthorised manner and/or an attempt has been made or is being made to gain unauthorised access to the portal or the underlying systems of MICE (backend) from the user account, for example by using its own software ("hacking"). In such a case, MICE shall immediately notify the provider concerned via the e-mail address stored in the user account and enable the provider to regain access by creating a new user account, unless there are facts that suggest that the provider has attempted to gain unauthorised access to MICE's systems.

(1) One of MICE's quality standards is to handle the personal data of providers and customers ("personal data") responsibly. The personal data resulting from registration on the portal and from the use of the available services shall therefore only be processed by MICE insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator. MICE shall treat personal data confidentially and in accordance with the provisions of the applicable data protection law and shall not pass it on to third parties.

(2) Beyond this, MICE shall only use personal data if the data subject has expressly consented to this. Any consent given can be revoked at any time.

(3) Further information on data protection can be found in the privacy policy.

(1) If damage is caused by the use of services provided free of charge on the portal, MICE shall only be liable to the extent that the damage was caused by the contractual use of the free content and/or services and only in the event of intent (including fraudulent intent) and gross negligence on the part of MICE.

(2) Within the scope of the use of chargeable services, MICE shall be liable in accordance with the following provisions in paragraphs 3 to 5.

(3) MICE shall be liable without limitation for damages caused by MICE or its legal representatives, executives or simple vicarious agents through wilful intent or gross negligence.

(4) MICE shall not be liable in cases of slightly negligent breach of non-essential contractual obligations. Essential contractual obligations are those obligations that are of particular importance for the achievement of the contractual objective, as well as all those obligations which, in the event of a culpable breach, could jeopardise the achievement of the purpose of the contract. In these cases (breach of essential contractual obligations), MICE's liability for damages caused by slight negligence shall be limited to those damages that can typically be expected to occur in the context of the respective contractual relationship (foreseeable damages typical for the contract – "vertragstypisch vorhersehbare Schäden"). This shall also apply to slightly negligent breaches of duty by MICE's legal representatives, executives or simple vicarious agents.

(5) The above limitation of liability shall not apply in the event of fraudulent intent ("Arglist"), in the event of bodily injury or personal injury, for the breach of guarantees and for claims arising from product liability.

(1) The authorisation of use is limited to access to the portal and to the use of the services available on the portal within the framework of the provisions of these Terms of Use, any contractual requirements, MICE guidelines and guidelines.

(2) The providers themselves shall be responsible for creating the technical conditions necessary for the contractual use of the services. MICE shall not be obliged to provide any advice in this regard.

(3) MICE points out that usage activities may be monitored to the extent permitted by law. This may also include the logging of IP connection data and chat histories and their evaluation in the event of a concrete suspicion of a breach of these Terms of Use and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offence.

(1) Unless expressly stated otherwise in these Terms of Use, all declarations made in connection with participation in the portal must be made in writing or by e-mail. The e-mail address of MICE is: info@miceportal.com. The postal address of MICE is Am Bachfeld 1, 85395 Attenkirchen. We reserve the right to change the contact details. In the event of such a change, MICE shall inform the provider accordingly.

(2) Should any provision of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic intention of the parties.

(3) These Terms of Use are subject to the law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(4) For all disputes arising from or in connection with this contract or its validity, the exclusive place of jurisdiction for all types of proceedings shall be Munich, unless otherwise stipulated by law.