General Terms and Conditions (GTC)

(1) These General Terms and Conditions (hereinafter “GTC”) apply to the use of the PassionPass platform, available at passion-pass.app and via related mobile applications (hereinafter “PassionPass” or the “Platform”), by registered users (hereinafter “user” or “you”). (2) The operator of PassionPass and your contracting party is: Lena Marie Weiss (PassionPass) Hartlgasse 1, 1200 Vienna, Austria Email: office@passion-pass.app (hereinafter “PassionPass”, “we” or “us”) (3) PassionPass is currently in a soft launch as a sole proprietorship. A transfer of operations into a limited liability company (GmbH) is planned; in that case the new company will replace the previous operator by way of contract takeover or by concluding new contracts. Users will be informed of such a change in good time. (4) By registering a user account you accept these GTC. Deviating, conflicting or supplementary terms of users do not become part of the contract unless we expressly agree to their validity in writing. (5) PassionPass is aimed at both consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and entrepreneurs. Unless otherwise stated in these GTC, the rules apply to both groups; consumer protection provisions (in particular the right of withdrawal under § 9) apply exclusively for the benefit of consumers.

(1) PassionPass is a marketplace for creative activities, courses and workshops (e.g. painting, ceramics, singing, dance, floristry, paper crafts) in Vienna. Via the platform you can browse offerings of independent partner studios and teachers (hereinafter “partner studios”) and book places in individual sessions. (2) PassionPass itself does not deliver the booked courses and workshops. The contracting party for the actual delivery of an activity is the respective partner studio; PassionPass acts as intermediary in this respect. Details are set out in § 11. (3) Use of the platform is based on a balance system in the form of “Credits” (see § 5) and - once available - paid memberships (see § 6). (4) We aim to keep the platform available on an ongoing basis but cannot guarantee uninterrupted availability. Maintenance, technical issues or further development may cause temporary limitations.

(1) Use of PassionPass requires registration of a user account. Natural persons aged 18 or over with full legal capacity are entitled to register. (2) Registration details must be true and complete. You must update changes to your data (in particular email address and payment details) in your account without delay. (3) You must keep your login credentials confidential and protect them from third-party access. You are liable for activities carried out using your credentials to the extent you are responsible for the misuse. (4) Only one user account may be held per person. Transfer of the account to third parties is not permitted without our consent.

(1) The presentation of activities on the platform does not constitute a binding offer by PassionPass or the partner studios, but an invitation to make a booking (invitatio ad offerendum). (2) By clicking “Book” or the corresponding confirmation button you submit a binding offer to book the respective place, which is generally paid using Credits. (3) The booking contract for the specific activity is concluded between you and the respective partner studio. PassionPass confirms the booking on behalf of the partner studio and provides the technical processing and Credit settlement. (4) After a successful booking you receive a confirmation by email and/or in the app with date, location, duration and Credits used. (5) Available places are limited and allocated in the order of bookings. There is no entitlement to availability of a particular activity or date.

5.1 General (1) Credits are an internal accounting unit used to pay for bookings on PassionPass. Credits are not legal tender and are not equivalent to cash. (2) The number of Credits required to book an activity is shown for each activity. As a guide, 7 Credits = €1; the Credit amount shown for the activity is always decisive. 5.2 Obtaining Credits (1) You obtain Credits via membership and/or paid top-ups. No automatic starter Credits are granted upon registration. (2) Credits are generally valid for 60 days from the date of credit unless something else is shown at the time of credit. After that period unused Credits expire without compensation. The exact validity is shown in your user account. (3) During soft launch, studios receive 90% of Credit face value as the payout basis once a booking has been confirmed via check-in. 5.3 Purchased Credits and payment processing (1) Once available, further Credits can be purchased ("top-up"). Payment is processed via Stripe. By paying you also accept Stripe's applicable terms. (2) Purchased Credits are credited upon receipt of payment. Validity follows the conditions shown in the app at the time of purchase. (3) Cash payout of Credits is excluded except where required by law (e.g. valid withdrawal, see § 9).

(1) PassionPass offers monthly cancelable memberships, currently envisaged as "Explorer" (400 Credits/month), "Creator" (700 Credits/month) and "Passionate" (1000 Credits/month) at the prices shown on the platform (including Passionate at €139/month). Scope, prices and names may still change before official launch; the conditions shown at conclusion always prevail. (2) Upon taking out a membership you are credited with the plan's Credits each billing month. Unused Credits are generally valid for 60 days and may carry within that window unless otherwise shown. (3) Memberships renew automatically for a further month unless cancelled in due time. Cancellation is possible monthly at the end of the current billing period unless the plan says otherwise. (4) Cancellation may be declared via account settings or by email to office@passion-pass.app. (5) The right of either party to extraordinary termination for good cause remains unaffected.

(1) All displayed prices are final prices in euro including statutory VAT where applicable. (2) Payments are made via the payment methods offered in the app and processed through Stripe. Payment data is stored exclusively with Stripe; PassionPass itself does not process full card details. (3) For memberships the respective monthly fee is due in advance at the start of each billing period and is charged automatically via the stored payment method. (4) We reserve the right to adjust prices for Credits, top-ups and memberships with effect for future purchases or billing periods. You will be informed of price changes for existing memberships with reasonable notice; in the event of a price increase you have an extraordinary right of termination.

(1) A booked activity may be cancelled free of charge until 24 hours before the stated session start. Credits used for the booking are then credited back to your account. (2) If cancellation is made after this deadline or you do not attend the booked activity (no-show), the Credits used for the booking expire without compensation and are assigned to the partner studio as a 100% no-show fee; there is no claim to credit or refund in that case. (3) If an activity is cancelled by the partner studio or by PassionPass (e.g. due to insufficient participants, illness of the instructor or force majeure), the Credits used are refunded in full. Further claims generally do not arise in that case, without prejudice to mandatory statutory rules. (4) Changes to the date or location of a booked activity will, where possible, be communicated to you in good time before the agreed date. In the event of material changes you have a free right of cancellation irrespective of the deadline in para. 1.

(1) If you act as a consumer within the meaning of the Consumer Protection Act and conclude a distance contract (e.g. purchase of Credits or conclusion of a membership via the platform), you generally have a statutory right of withdrawal under the Austrian Distance and Off-Premises Selling Act (FAGG). (2) The withdrawal period is 14 days from conclusion of the contract. To exercise the right of withdrawal a clear statement (e.g. by email to office@passion-pass.app) expressing your decision to withdraw is sufficient. (3) Note: For bookings of individual activities relating to a specifically designated date or period (leisure activities), § 18(1)(10) FAGG provides a statutory exception to the right of withdrawal. The right of withdrawal may therefore be excluded for bookings that are already fixed in time, even if it exists for the underlying purchase of Credits or a membership. Whether and to what extent this applies in an individual case depends on the specific contractual arrangement. (4) If you validly exercise your right of withdrawal, we will refund payments already made in accordance with statutory provisions. Services already provided that are not incompatible with withdrawal (e.g. activities already attended) may be taken into account in terms of value.

When using PassionPass you undertake to • provide truthful information and keep your account data up to date, • attend booked sessions or cancel in due time under § 8, • observe the house rules, safety and conduct rules of partner studios on site, • not misuse the platform, in particular not to make automated bookings or manipulate the Credit system, • treat other users and staff of partner studios respectfully. In the event of serious or repeated breaches we may cancel bookings, restrict the user account or terminate under § 15.

(1) Partner studios are legally independent businesses or individuals and are not agents of PassionPass. The partner studio alone is responsible for content, quality, proper delivery and compliance with safety and occupational rules for the respective activity. (2) Any warranty or damages claims relating to the delivery of an activity must generally be asserted directly against the respective partner studio. PassionPass will, on request, help you make contact. (3) We select partner studios carefully but cannot guarantee the ongoing availability of individual studios, instructors or content.

(1) We are liable without limitation for intent and gross negligence and under the Product Liability Act, in particular for damage arising from injury to life, body or health. (2) For slight negligence we are liable only for breach of material contractual duties (cardinal duties) whose fulfilment is essential for proper performance of the contract and on whose observance you may regularly rely; in that case liability is limited in amount to the foreseeable damage typical for the contract. (3) For damage arising in the course of an activity delivered by a partner studio, the respective partner studio is primarily liable (see § 11). PassionPass is liable for acts or omissions of partner studios only to the extent we are at fault ourselves, for example in defective selection. (4) The above limitations of liability do not apply vis-à-vis consumers where mandatory consumer protection law provides otherwise.

(1) All content of the platform (texts, graphics, logos, software, design) is protected by copyright or trademark law and belongs to PassionPass or the respective rights holders. (2) Reproduction, distribution or other use of this content outside the intended use of the platform requires our prior written consent or that of the respective rights holders.

Processing of personal data in connection with the use of PassionPass takes place in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection rules. Details on the nature, scope and purpose of processing are set out in our privacy notice at passion-pass.app/en/privacy.

(1) The user account contract is concluded for an indefinite period and may be cancelled by you at any time without stating reasons with 14 days' notice to the end of the month, e.g. by deleting the account in settings or informal notice to office@passion-pass.app. (2) For memberships, § 6 takes precedence. (3) We may terminate the contract with 14 days' ordinary notice. Extraordinary termination for good cause remains unaffected. (4) Upon termination, unused Credits expire according to the validity shown. Statutory rules apply to unused purchased Credits.

(1) We reserve the right to change these GTC with effect for the future, in particular to adapt to changed legal frameworks, to reflect new features (e.g. launch of memberships) or in the course of the planned transfer into a GmbH. (2) We will inform you of material changes with reasonable notice, usually by email or by notice in the app. If you do not object to the change within 14 days of receipt of the notice, the change is deemed accepted; we will specifically point out this legal consequence in the notice. If you object in due time, the contract continues under the previous conditions; in that case either party is entitled to terminate the contract extraordinarily.

(1) Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers this applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their habitual residence. (2) The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board unless statutory rules require otherwise. (3) For disputes with entrepreneurs within the meaning of the Austrian Commercial Code, the court with subject-matter jurisdiction in Vienna is agreed where legally permitted.

(1) If any provision of these GTC is or becomes invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the applicable statutory rule. (2) There are no side agreements to these GTC. Amendments and supplements require written form unless otherwise provided in these GTC. (3) For questions about these GTC you can reach us at office@passion-pass.app.