Terms of Service
These are the general terms and conditions of business of the SHISHAPASS International UG (limited liabilities), Ostpreussendamm 118, 12207 Berlin, Germany, registered in the Commercial Register of the Municipal Court Berlin-Charlottenburg under HRB 189194 B, to use the App SHISHAPASS.
(1) The SHISHAPASS International UG (limited liability company) (hereinafter called “SHISHAPASS” or the first person plural “us”) runs the website www.shishapass.com and the corresponding app SHISHAPASS (App for short) which allows the users of our app to get free drinks from bars, pubs, clubs, restaurants, etc.,(hereafter known as Venues) which cooperate with us as described in paragraph (2) with Marketing action to provide users of our app with coupons for free drinks and other information about their gastronomic offers.
(2) The offer of free drinks is solely the responsibility of the respective venues. Each Venue decides for itself which drink it offers the users of our app. The venues can end their cooperation with us and thus the participation in the offer of our app at any time; Therefore there is no claim of the users that certain Venues permanently or in the future actually offer free drinks via our app.
3) We do not operate venues ourselves and do not offer free drinks or other goods ourselves, but are only acting as intermediaries between our users and the venues for which we take marketing measures.
Registration, usage contract, membership, costs
(1) In order to be able to use our offer, the user has to register with us. In doing so, the user undertakes to provide correct and complete information requested during registration, which must be kept up-to-date by the user in case of changes. The user can update this data in their user account.
(2) Our app does not contain a legally binding offer for a contract for the use of our online services. A legally binding offer for the conclusion of a contract of use is only made by the user who submits this offer to us by submitting the completed registration form. We may accept an offer made by the user to use our online services within two (2) weeks. The contract of use shall be deemed to arise if, within this period, we give the user a confirmation of the successful registration with us, to the email address provided during registration.
(4) Only users who are at 18 years of age or older can register. The following personal data is required for registration: First name, surname, address, date of birth,gender, email address and optional mobile number. The personal data provided during registration must be correct, complete and up-to-date; otherwise we are entitled to terminate the contract of use without notice. By register, you accept that we send you a newsletter, which you can unsubscribe anytime.
5) As a part of the usage agreement, the first voucher the registered user purchases is free of charge. Each user can claim only one free test voucher before selecting the paid membership (“membership” for short). In order to receive further vouchers and to use our complete offer, a further part of the contract concluded with us is to be selected as a paid membership. Such membership allows the users to access a voucher for a free drink at a venue daily between 10:00 am and 9:59 am of the following day.
(6) One month membership runs for one (1) month and is not extended automatically. A change from one month to one year membership is only possible at the end of the current monthly membership.
(7) The termination of the membership shall be deemed to terminate the usage agreement. The possibility of termination without notice for good cause remains open to both parties; As an important reason, e.g. But not exclusively, the non-payment of the costs of a running or new membership by the users or the repeated non-availability of the daily voucher for a free drink by us.
(8) Users may send notice of termination in writing by email to firstname.lastname@example.org, in the membership settings of the app or in writing by mail to our address in the imprint, we in turn would contact you via the email address provided by the user.
(9) For our memberships fees, the current prices shown in the app apply, which are gross, ie. Including VAT as final prices. We reserve the right to update prices regularly.
Payment of the membership fee
(1) Payment of the membership fee shall be made at the beginning of a monthly or annually if an annual membership is selected. The payment can be made via PayPal or the other payment methods specified in our app. The payment information of the users is provided by the above-me tinned Payment services, secured there according to the methods customary for payment services and shall not passed on to third parties. We do not store users’ payment information. The payment process is subject to the conditions mentioned above by the payment services.
(2) The membership fee payments are non-refundable since they have been paid for in advance of all pre-agreed memberships. A payment plan i.e. installments is not possible.
(1) A voucher can only be redeemed once, and (A) only at the place where the voucher was issued, (B) only taking into account the respective expiry date of the voucher stated on the voucher and generally (3) minutes from download (requirement) (C) only through the use of the app via smartphone / tablet, (D) only during the times specified by Venue in the Venue Directory of the App, which may restrict the Venue vouchers with a lead time of five (5) working days, taking into account the current guest capacity, and E) only by the user who requested the voucher from us through the app, i.e. the voucher is not transferable and only valid for one person and one free drink. Furthermore, a voucher can be redeemed only if the user respects the house rules of the respective venues (e.g., opening times, dress code, etc.). In addition, a voucher for a free drink does not automatically grant free entrance to the venue as long as an entry fee is required and does not guarantee access to the venue, provided that access should be at the discretion of a doorman or security guard. We therefore recommend that vouchers should be requested in the Venue itself.
(2) Ein Gutschein kann nicht bei uns eingelöst werden, sondern nur bei dem Venue, das den Gutschein ausgestellt hat. Zur Einlösung eines Gutscheins muss dieser in dem entsprechenden Venue über die App der dortigen Bedienung bei Bestellung des entsprechenden Freigetränks vorgelegt werden. Der Gutschein verfällt in der Regel drei (3) Minuten nach dessen Anforderung, wenn er der Bedienung des Venues nicht bis dahin vorgelegt wurde. Zur Vorlage müssen die Nutzer ihr Smartphone / Tablet mit dem angeforderten Gutschein der Bedienung in dem Venue zeigen. 2) A voucher can not be redeemed with us, but only with the Venue, who issued the voucher. In order to redeem a voucher, the voucher must be presented in the respective venue via the app when ordering the corresponding free drink. The voucher is normally forfeited three (3) minutes after its request; if it has not been submitted to the operation of the Venue until then. Users must show their smartphone / tablet with the requested voucher of the service in the venue to the recipient employee.
(3) The Venue may refuse to accept a voucher if a user does not comply with the aforementioned conditions.
Right of revocation/cancellation: You as a user have the right to cancel the contract of use with us during a period of fourteen (14) days without giving reasons. The cancellation eriod shall be fourteen (14) days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must inform us:
Name: SHISHAPASS International UG (limited liability)
Address: Ostpreussendamm 118
12207 Berlin, Deutschland
Telephone: (030) 754 79 867
with a clear statement (for example, a letter, fax or e-mail) about your decision to cancel this contract. You can use the enclosed or retrieved sample cancellation form, but this is not required. In order to stay within the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the 14-day cancellation period.
(2) Exceptions to cancellation rights: You can not revoke the contract of service via a current membership as soon as you have requested and redeemed the first paid voucher of this membership for a free drink despite acknowledging our notice that you lose your right of revocation.
(3) Consequences of cancellation : If you cancel this contract, we shall repay you all payments which we have received from you immediately and at the latest within fourteen (14) days from the day on which the notification of your revocation of this contract is received by us. We will refund you the payment within fourteen (14) days after receipt of your revocation notification. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; no extra fees for reimbursement will be charged.
Liability, rights and obligations of the user
(1)The user is solely entitled to our offer. for his or her personal use. A transfer of the user data to third parties is prohibited. The user is liable for damages caused by the fact that his or her negligent or intentional behavior makes third parties aware of the password. If the user’s password has been stolen, or if they become aware of the fact that the password has been illegally used by a third party, we are to be notified immediately in writing or by text, preferably by email to email@example.com.
(2) Our offer may only be used for private purposes. Use for commercial purposes is prohibited. In particular, the user may not use our offer to advertise for other websites or commercial offers.
Liability, rights and obligations on our part
(1) We reserve the right to extend, modify and / or make improvements to our offer at any time provided that the changes are reasonable for the user, taking our interests into account. This is the case in particular when the changes are without economic disadvantages for the user, e.g. because new functionalities are being introduced.
(2) We ensure availability of our offer of ninety-nine (99) percent (%) annually. This does not apply to times when our offer is not available online due to technical issues or other problems which we cannot control nor are responsible for.
(3) We reserve the right to restrict access to our offer, if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, our software or stored data, the interoperability of our offer or the legally necessary data protection is required.
(1) We reserve the right to change these general terms and conditions at any time without giving reasons. The amended terms will be sent to users by email no later than four (4) weeks before going into effect. If a user does not object to the validity of the new terms and conditions within four (4) weeks after receipt of the email, the amended terms and conditions are deemed accepted. We will inform the users separately in the email, which contains the changed conditions, about the possibility of objection and the significance of this deadline.
(2) If one or more provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of these General Terms and Conditions.
(3) In the case of disputes, the German-language version of these terms and conditions shall always be decisive and have priority over all other language versions.