‹ Back to home

Terms of Service (AGB)

1. Scope and Provider

These Terms of Service ("Terms") govern the use of the Lemvista platform ("Service") operated by:

hardt.industries GmbH
Schopenhauerstr. 14
14712 Rathenow
Germany

Managing Director: Thilo Hardt

These Terms apply to the relationship between hardt.industries GmbH ("we", "us") and the users of the Service ("you"). They apply in their version valid at the time the contract is concluded. Differing or conflicting terms of the user are not recognised unless we have expressly agreed to them in writing.

2. Description of the Service

Lemvista provides an online platform that allows users ("Owners") to publish a booking page presenting their availability, and allows third parties ("Guests") to book appointments, days, or other offerings through that page. Where an offering is paid, payment is collected through the Service as described in Section 6.

We provide the technical platform only. The contract for the booked appointment, stay, service, or goods is concluded directly between the Owner and the Guest. We are not a party to that contract and assume no liability for its performance.

3. Registration and Account

Use of the Owner features requires an account, which is created by signing in with a Google account. You are responsible for keeping your access credentials secure and for all activity carried out through your account. You must provide accurate information and keep it up to date.

We may suspend or close accounts that violate these Terms, applicable law, or the rights of third parties.

4. Conclusion of Contract

By registering and using the Service, a usage contract is concluded between you and us regarding the use of the platform. The presentation of the Service does not constitute a binding offer. A booking made by a Guest constitutes an offer that is accepted when the booking is confirmed through the Service.

5. Obligations of Users

You undertake not to misuse the Service, and in particular not to:

Owners are solely responsible for the lawfulness of their offerings, for any required licences or permits, and for the correctness of the information and prices they publish.

6. Prices and Payment

Where a booking is paid, we collect the payment from the Guest on behalf of the Owner via our payment service provider, Stripe. We act as the recipient of payment and forward the Owner's share to the Owner in accordance with a separate payout arrangement, less any fees owed to us.

For all calendars that take payment, our service fee is 15% of the booking revenue (the total amount paid by the Guest for the booking, excluding any separately stated statutory taxes). We deduct this service fee from the payment before forwarding the remaining balance to the Owner.

All prices for bookings are set by the Owner. Any platform fees payable to us are shown to the Owner before they are charged. Statutory value-added tax applies where relevant. Payment is processed at the time of booking unless stated otherwise.

7. Cancellations and Refunds

Bookings may be cancelled or amended in accordance with the functions provided in the Service and the conditions set by the Owner. Where a paid booking is cancelled or reduced, any refund due is processed back to the Guest's original payment method via Stripe. Statutory rights of withdrawal for consumers, where applicable, remain unaffected.

8. Availability of the Service

We endeavour to keep the Service available but do not guarantee uninterrupted availability. Maintenance, technical faults, or circumstances beyond our control may temporarily limit access.

9. Liability

We are liable without limitation for damages arising from injury to life, body, or health, and for damages caused by intent or gross negligence. In cases of slight negligence, we are liable only for the breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user regularly relies), and in such cases only for the foreseeable damage typical of the contract. Any further liability is excluded. The above limitations do not apply to liability under the German Product Liability Act (Produkthaftungsgesetz) or to the extent we have assumed a guarantee.

10. Term and Termination

The usage contract runs for an indefinite period. You may terminate it at any time by closing your account. We may terminate the usage contract with reasonable notice; the right to terminate for good cause remains unaffected.

11. Changes to these Terms

We may amend these Terms with effect for the future where this is necessary, for example to adapt to changed legal requirements, court rulings, or technical or business developments, provided the amendment is reasonable for the user taking our interests into account and does not materially disturb the balance between the contracting parties.

We will notify you of any amendment in text form (e.g. by email or via the Service) at least six (6) weeks before it is due to take effect. The amendment is deemed accepted if you do not object in text form before the proposed effective date. We will specifically draw your attention to this consequence and to your right to object in the amendment notice.

If you object in time, the contract continues under the previous Terms; in that case, each party retains the right to terminate the contract in accordance with Section 10. Amendments to the essential subject matter of the contract (the main services and prices) are not made by way of this provision and require a separate agreement.

12. Applicable Law and Jurisdiction

These Terms and the contractual relationship are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the law of the country of their habitual residence.

If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is our registered office.

13. Consumer Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Severability

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of any invalid provision.