General Terms and Conditions (AGB)

Version: 2 October 2026

1. Provider and scope

These General Terms and Conditions (AGB) govern the use of the FestCrew platform (festcrew.app), operated by FestCrew – proprietor Dominik Happ, Achalmstr. 17, 72664 Kohlberg (“FestCrew”, “we”). They apply to organizers who create an account and manage events (“event organizers”). For helpers and participants who sign up without an account via an event link, use of the platform is free of charge; only the provisions on data processing apply to them (see the privacy policy).

2. Description of services

FestCrew provides software for organizing helper rosters and participant lists: events with areas of deployment, shifts and contribution lists, sign-up of helpers via link or QR code, participant lists for signing up to activities (with details fields defined by the event organizer, selectable time slots and capacities), confirmation emails with calendar entries, exports, and additional features in accordance with the platform's feature set as available from time to time.

Upon publication, events are classified on the basis of the details entered as a mini, small or large event. A mini event comprises at most one area with a few shifts, one bring list or participant list, one day and no co-organizers. For the distinction between small and large events the decisive factors are, in particular, the number of shifts, the number of organizers and the duration; the classification, its reasons and the resulting price are displayed before publication. The user may choose a higher tier before publication. For published events, the features of higher tiers are locked; an upgrade to the next tier for the difference in price is possible at any time.

Test mode publishes an event on a trial basis; it is automatically archived once the displayed period expires (helper links deactivated, helper data deleted). Per account, one mini event and one regular (small or large) event are free of charge (“free events”); the two allowances are separate and are used up with the respective publication – even if the event is deleted later. The upgrade of a mini event published free of charge uses the regular free event as long as it is still available; otherwise the full price of the target tier applies.

3. Account and conclusion of contract

The contract for the use of the free account is concluded upon registration. The contract for a paid publication or an upgrade is concluded when the event organizer completes the order process using the button expressly labeled as incurring an obligation to pay. We confirm the content of the contract by email.

If the billing country stated by the event organizer is outside Germany, the purchase is processed via our payment partner Stripe: in that case, the seller of the paid publication or upgrade is Link Commerce (a company of the Stripe group) acting as the merchant of record; its terms additionally apply to the purchase. FestCrew remains in every case the provider of the platform and the contracting party for the usage contract and the platform service provided; these Terms and Conditions apply unchanged.

4. Prices and payment

The prices displayed at the time of publication apply per event (mini price for mini events, standard price for small events, higher price for large events; upgrade for the difference in price). Prices are charged in the displayed currency depending on the billing country. All prices are final prices and include the applicable taxes. Redeemed vouchers are automatically credited against the price.

Where the billing country is Germany, prices include German statutory value added tax; for invoices issued to businesses with a valid non-German EU VAT identification number, liability for the tax passes to the recipient of the service (reverse charge, Art. 196 of the EU VAT Directive). An electronic invoice (ZUGFeRD) is provided by FestCrew for every payment.

For billing countries outside Germany, the seller Link Commerce (see section 3) calculates and remits the taxes applicable in the buyer's country and issues the invoice; it is delivered by email from Stripe and is additionally available for download in the account. The charge appears on the payment statement under the merchant name LINK.COM*.

Refunds of payments processed via Link Commerce may be issued by Stripe as the seller even without FestCrew's involvement (for example as part of its buyer-protection and support processes). If a payment is refunded in full, the associated paid publication is locked (helper and participant links are deactivated); it can only be reactivated via our support.

5. Right of withdrawal for consumers

Consumers have a statutory right of withdrawal (Widerrufsrecht). The information in the withdrawal notice (Widerrufsbelehrung) applies; the withdrawal may also be declared via our electronic withdrawal function (§ 356a BGB). The right of withdrawal expires upon full performance of the service if the consumer has previously expressly consented to us commencing performance before the end of the withdrawal period and has confirmed their knowledge that the right thereby expires.

6. Obligations of the event organizer

The event organizer shall ensure that their content (titles, descriptions, organizer details) is lawful and does not infringe the rights of third parties. They are responsible for the mandatory information displayed on the event page (organizer legal notice) and shall state the name and address for service of the event organizer truthfully. The platform must not be used for permanently running offerings, impermissible advertising, or in any other abusive manner.

The event organizer undertakes to use the platform exclusively in compliance with the applicable law, in particular the law of the state from which they use the platform or in which the event takes place. In particular, use is prohibited for events or content that (a) violate criminal law or promote unlawful activities, (b) denigrate persons on account of their origin, religion, sexual orientation, gender or a disability, or incite hatred or violence, (c) infringe the rights of third parties (such as copyright, trademark or personality rights), or (d) pursue misleading or fraudulent purposes. In the event of violations, we are entitled to block or remove the affected content, to hide events and, in the case of serious or repeated violations, to suspend the account; statutory reporting and deletion obligations remain unaffected.

Where the event organizer defines their own details fields for participant lists, they alone determine their content and are responsible for ensuring that only data necessary for running the event is requested (principle of data minimization). Special categories of personal data (Art. 9 GDPR, e.g. health data) may only be requested where a legal basis exists.

7. Helper and participant data and data processing on behalf of the organizer

With respect to the helpers' and participants' personal data, the event organizer is the controller under data protection law; FestCrew processes this data as a processor pursuant to Art. 28 GDPR exclusively to provide the platform features. The details (subject matter, duration, deletion periods, technical and organizational measures) are governed by a data processing agreement (Auftragsverarbeitungsvereinbarung), which is concluded electronically for each event upon publication; its text is displayed before publication and is subsequently available in the account for download as a PDF. The agreement ends when the event is archived. The event organizer sets the deletion period for the helper and participant data for each event (no more than 90 days after the end of the event); once the period expires, and at the latest upon archiving, the data is deleted automatically.

8. Availability

We strive for high availability but do not owe any specific availability rate. Maintenance work and further development may lead to brief interruptions.

9. Liability

We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent of any guarantee we have given. In all other respects, our liability is limited as follows:

In cases of simple negligence, we are liable only for the breach of material contractual obligations, i.e. obligations whose fulfillment is essential to the proper performance of the contract and on whose observance the event organizer may regularly rely (cardinal obligations, Kardinalpflichten). In such cases, liability is limited to the damage typical for this type of contract and foreseeable at the time the contract was concluded. Toward businesses (§ 14 BGB), liability for simple negligence is additionally limited in amount to the fee paid for the affected event, to the extent permitted by law.

For the loss of data, in cases of simple negligence we are liable only to the extent that the loss would also have occurred if the event organizer had carried out proper and regular data backups (for example via the platform's export features). For services provided free of charge (free event, test mode), we are liable only for intent and gross negligence; the unlimited liability under the first sentence of the first paragraph remains unaffected.

We accept no responsibility for the running of the events themselves or for the relationship between the event organizer and the helpers or participants.

10. Term, termination, deletion

The account can be deleted at any time without notice in the account settings. Fees already paid for published events are not refunded; statutory rights (including the right of withdrawal) remain unaffected. We retain invoice data in accordance with the statutory retention periods.

11. Applicable version and amendments to these Terms

A publication (including upgrades and test mode) is governed by the version of these Terms and Conditions that the event organizer accepted when completing the publication process; that version remains applicable to that event.

We may amend these Terms and Conditions with effect for the future, for example due to changes in the law or changes to the range of features. The current version, including its effective date, is available at any time at festcrew.app/agb. For the account, amended Terms and Conditions take effect when the event organizer accepts them at the next publication. Anyone who does not wish to accept the amended Terms and Conditions may delete their account at any time (Section 10).

12. Final provisions

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG); with respect to consumers, mandatory consumer protection provisions of their state of residence remain unaffected. If the event organizer is a merchant (Kaufmann) or a legal entity under public law, the place of jurisdiction is the registered office of FestCrew. Should individual provisions be invalid, the remainder of the contract remains in effect.