Partner terms

This is a convenience translation. Only the German version is legally binding: Partnerbedingungen (German)

§ 1 Scope and parties

(1) These partner terms apply to participation in the tischlein partner program between

OpsAgent UG (haftungsbeschränkt)
Clausewitzstr. 21
42389 Wuppertal
Deutschland
Commercial register: Amtsgericht Wuppertal, HRB 36493
VAT ID: DE460986903
Managing director: Pascal Kremp
E-mail: support@tischlein.pro

(hereinafter "tischlein" or "we") and the businesses that register as partners (hereinafter "you").

(2) Only businesses acting as entrepreneurs within the meaning of section 14 of the German Civil Code (BGB) and established in the European Union can become partners, for example agencies, traders, service providers, consultants, freelancers, creators with a registered business or small businesses. Private individuals and consumers (section 13 BGB) cannot take part. By registering you confirm that you act in the course of your trade or independent professional activity. You need a bank account in the SEPA area to receive payouts.

(3) You act as a referrer (Tippgeber): you recommend tischlein in your own name and for your own account, whenever and as often as you like. You have no duty to act and owe neither a particular number of referrals nor efforts to bring about contracts. You are not authorised to represent us, to negotiate on our behalf, to make or receive declarations or to make promises. Contracts for tischlein are concluded exclusively and directly between the venue and us, under our terms of use. Neither party is exclusive.

(4) No commercial agency relationship within the meaning of sections 84 et seq. of the German Commercial Code (HGB) is intended or created by this contract; you are not permanently entrusted with brokering or concluding business for us.

(5) If you also use tischlein as a customer for a venue of your own, only our terms of use apply to that; the two contracts are independent of each other. Your own general terms and conditions do not become part of the contract.

(6) The contract language is German. This English translation of the partner terms is provided for information only; only the German version is legally binding.

§ 2 Participation and approval

(1) You register with your e-mail address, confirm it via the login link, complete your partner profile and accept these partner terms in their current version. The partner contract is concluded when you complete the registration. You receive your personal partner link, a QR code and a partner code at once.

(2) Your details must be true and complete. You enter changes, in particular to your address, your tax status and your bank details, in your partner area without undue delay.

(3) We review every registration and approve your partner account at our discretion, for example based on whether your activity suits a reputable recommendation to hospitality businesses. There is no right to approval. Until approval we record commission for you but do not pay it out; after approval we settle it under § 5. If we decline approval, the contract ends; for venues legitimately attributed to you up to then, § 10 (4) applies, and § 10 (5) if we decline for good cause.

(4) Each business may hold only one partner account. The partner account is not transferable. You keep access to your partner area, in particular to your e-mail inbox, secret.

(5) If we have reasonable grounds to suspect a breach of these partner terms, we may suspend your partner account until the matter is cleared up. During a suspension your partner code does not attribute new venues and we do not pay out commission. Commission already recorded, and commission that continues to arise during the suspension for legitimately attributed venues, is kept; we pay it out after the suspension or the contract ends, unless it is forfeited under § 10 (6).

§ 3 Attribution of venues

(1) A venue is attributed to you (hereinafter "referred venue") if it enters your partner code when signing up for tischlein or on its billing page before taking out its first subscription. If it opens your partner link or QR code, we fill in your partner code in the signup form for that visit; the venue can see and change it there. We do not store your partner code permanently on the venue's device, in particular not in a cookie.

(2) It is up to you to make sure the venue uses your partner code. If a venue signs up without your partner code and does not enter it before taking out its first subscription either, it is not attributed to you: it then receives no partner discount and you receive no commission for it. The partner code the venue actually used is decisive.

(3) The attribution becomes final when the referred venue takes out its first subscription. After that only we can change it, for example to correct an error.

(4) The following are not attributed and do not earn commission:

• venues that already have or previously had a subscription with us when they sign up or enter the partner code;
• your own venues, meaning venues of which you are a member or whose owner uses the same e-mail address as you, venues of your relatives within the meaning of section 15 of the German Fiscal Code (AO), and venues of companies in which you or your relatives hold an interest or which control you;
• venues already attributed to another partner, or that signed up through another customer's referral ("Refer a venue") without a partner link or code;
• venues we have fully or partly exempted from payment, for example as part of a pilot or a cooperation.

(5) If it turns out later that a venue should not have been attributed under paragraph 4, the commission for that venue lapses. We offset commission already paid out under § 6.

(6) We attribute venues that are already customers only in exceptional cases and at our discretion, for example if you can show that you referred a venue and the attribution failed for technical reasons only. There is no right to this.

(7) The data recorded in our system is decisive for attribution. You may prove that a venue is to be attributed to you under paragraph 1. We are not liable for attribution that fails for reasons outside our control, for example because the venue does not enter your partner code or enters it incorrectly.

§ 4 Commission

(1) For every referred venue you receive a commission of 15 % of the net amounts the venue has actually paid us on invoices for its tischlein subscriptions. The net amount is the amount paid excluding VAT, after deduction of all discounts, credit notes and applied credit balances.

(2) Commission arises for invoices paid within 24 months from the day on which the referred venue paid its first invoice for an amount above zero (commission period). No commission arises for invoices paid later.

(3) In particular, no commission arises on fees for sales of vouchers and tickets to guests, on amounts not paid or not yet paid, on payments the venue does not make for its own subscriptions, and on invoices for zero.

(4) The commission rate is recorded for each invoice at the rate applicable to the referred venue. A later change of the program only takes effect under § 13.

(5) The commission is a net amount; where you owe VAT, we pay it in addition under § 9. The commission covers all your services and expenses; we do not reimburse expenses.

§ 5 Statements, invoice and payout

(1) A commission becomes billable 30 days after we receive the referred venue's payment, but not before your partner account is approved (§ 2 (3)) or, if the contract ends earlier, when it ends.

(2) After the end of each calendar quarter, at the beginning of the following quarter, we send you a commission statement by e-mail covering all billable commission not yet settled, less the amounts to be offset under § 6. It states the amount you can invoice us: the net amount and, where you owe VAT, the VAT on it (§ 9). The commission statement is neither an invoice nor a self-billed credit note (Gutschrift) within the meaning of the German VAT Act; we do not use self-billing.

(3) We only issue a commission statement from an amount of €50 (net). A smaller amount is carried over to the next quarter and does not expire. When the contract ends, we settle a remaining balance below this amount if you request it in text form.

(4) A commission statement requires complete and correct details of your address, tax status and bank account in your partner area. If details are missing, we issue the statement in the quarter after you complete them. No interest accrues.

(5) You issue us an invoice for the amount of the commission statement and upload it as a PDF file in your partner area. The invoice is addressed to OpsAgent UG (haftungsbeschränkt), Clausewitzstr. 21, 42389 Wuppertal, states the number of the commission statement and contains all details required by section 14 (4) of the German VAT Act (UStG); small businesses add the reference to section 19 UStG, and partners from another EU member state add our VAT ID and the note "Reverse charge" (Steuerschuldnerschaft des Leistungsempfängers). The invoice amount matches the commission statement.

(6) We check your invoice and approve it. If it is incomplete or differs from the commission statement, we tell you what is missing and you upload a corrected invoice. We transfer the approved invoice amount by SEPA credit transfer to the account stored in your partner area, usually within 14 days of approval. We are not liable for the consequences of incorrect account details if we made the transfer to the stored account.

(7) As long as you have not uploaded an invoice, the settled amount remains reserved for you; we pay it out once your invoice has been received and approved. If we have not received a proper invoice 30 days after the commission statement or after rejecting your invoice, we remind you by e-mail, and then every 90 days. The statutory limitation period applies: your claim from a commission statement becomes time-barred three years after the end of the year in which we issued it (sections 195, 199 BGB).

(8) If you consider a commission statement incorrect, tell us in text form; we check it and, where necessary, correct it with a new commission statement. Your statutory claims remain unaffected.

(9) We may set off due claims against you.

§ 6 Refunds and chargebacks

(1) If we refund a payment to a referred venue in whole or in part, or if a payment is reversed, for example by a returned direct debit or a card chargeback, the commission on the refunded or reversed net share lapses.

(2) If the commission is not yet billable at that time, it is reduced accordingly or lapses. If it is already billable, settled or paid out, we offset the corresponding amount against your next commissions. A resulting negative balance is carried over to the following quarters.

(3) Beyond offsetting, we only reclaim commission paid out if the refund or chargeback or the attribution of the venue is based on a breach of these partner terms by you or on deception. Otherwise a negative balance at the end of the contract lapses.

(4) If a chargeback is decided in our favour, we credit the offset commission again.

§ 7 Benefits for referred venues

(1) A referred venue tries tischlein free for 60 days and, for as long as it has a subscription, receives a partner discount of 5 percentage points on its subscription prices in addition to any complete-package discount under our terms of use. If an individually agreed discount applies to the venue, it replaces both the complete-package and the partner discount.

(2) You describe these benefits accurately and do not promise any further benefits on our behalf. The terms of the subscriptions are governed solely by our terms of use and the price list.

§ 8 Partner obligations

(1) You advertise tischlein only in accordance with applicable law, in particular the German Act against Unfair Competition (UWG). You only send advertising by e-mail, messenger, SMS or fax with the recipient's prior express consent and only make advertising calls with the consent required under section 7 UWG. Unsolicited advertising ("spam") is prohibited.

(2) You do not book ads in search engines or on other advertising platforms on the term "tischlein", on spelling variants or misspellings of it or on word combinations containing it, and you do not use our marks in domains, profile names, app names or ad texts. You do not give the impression of being our website, our offer or an official sales or support partner of tischlein.

(3) You make no misleading statements about tischlein, in particular about features, prices, discounts, availability or your relationship with us. The information on our website at the relevant time is binding.

(4) You label recommendations for which you receive commission as advertising, for example with "Anzeige" or "Werbung" (advertisement) and on social media with "#Anzeige" or "#ad", clearly and before the actual content.

(5) Without our prior consent in text form you do not publish your partner link or code on voucher, discount, cashback or bonus portals, and you do not reward clicks or signups with benefits of your own. Any method that creates attributions without a genuine recommendation is also prohibited, for example automated or forced clicks, entering your partner code without the venue's knowledge, fake signups or signing up your own venues through third parties.

(6) You use our name and logo only unchanged, in the form we provide for this purpose, and only to recommend tischlein. For this we grant you a simple, non-transferable right of use, revocable at any time, for the term of this contract.

(7) When you approach venues, you are yourself responsible for complying with data protection law. You only transmit personal data of venues or prospects to us if there is a legal basis for doing so.

(8) If you culpably breach these obligations, you indemnify us against third-party claims based on the breach, including reasonable costs of legal defence. Commission obtained through a breach of these obligations is forfeited under § 10 (6). Our right of termination under § 10 remains unaffected.

§ 9 Taxes

(1) You are yourself responsible for paying tax on your commission, for example income tax, trade tax and VAT, and for any social security contributions. We do not withhold any taxes.

(2) The VAT in your invoice depends on your tax status, which you also state in your partner area; we calculate the amount of the commission statement accordingly: if you are liable for VAT in Germany, you charge statutory VAT in addition and we pay it to you. If you use the small business scheme under section 19 UStG, you charge no VAT. If you are established in another EU member state and state a valid VAT ID, you charge no VAT; we as the recipient then owe the tax (reverse charge).

(3) You are responsible for the accuracy of your tax details and your invoices and notify us of changes, such as leaving the small business scheme, without undue delay via your partner area. They apply to commission statements we issue afterwards. If we suffer damage from incorrect or late details, for example a denied input tax deduction, you compensate it to the extent you are responsible for the error; we may offset it against your commission.

(4) Where we are legally obliged to report payments to you to tax authorities, we do so.

§ 10 Term and termination

(1) The partner contract runs for an indefinite period. Either party may terminate it with 30 days' notice in text form, for example by e-mail to support@tischlein.pro.

(2) If the contract ends by ordinary termination, you continue to receive commission for venues attributed to you up to the end of the contract for payments within their respective commission period (§ 4 (2)); these partner terms continue to apply to this. We settle commission already billable under § 5. No new venues are attributed to you after the end of the contract.

(3) The right of either party to terminate for good cause remains unaffected. Good cause exists for us in particular if, despite a warning, you breach § 8 significantly or repeatedly, provide false information or manipulate attributions; no warning is required in the case of deception or manipulation.

(4) Paragraph 2 also applies if we decline approval without good cause (§ 2 (3)), and during a suspension (§ 2 (5)): for venues legitimately attributed to you, you keep your claim to commission for their commission period; we settle it under § 5.

(5) Termination for good cause: if we terminate the contract for good cause (paragraph 3) or decline approval for such a cause, your claim to commission ends when the termination or the refusal takes effect. No commission arises for payments we receive after that, including for venues attributed to you before. You keep commission for payments received before, unless it is forfeited under paragraph 6; we settle it under § 5.

(6) Forfeiture only for breach of duty: commission is forfeited only to the extent you obtained it through one of the following breaches (exhaustive list):

• unsolicited advertising ("spam"), in particular advertising by e-mail, messenger, text message or fax, or advertising calls, without the required consent (§ 8 (1));
• a self-referral, meaning the attribution of your own venues, of venues of your relatives or of venues of companies in which you or your relatives hold an interest or which control you (§ 3 (4)), also through third parties (§ 8 (5));
• bidding in ads on the term "tischlein", its spelling variants or word combinations containing it (§ 8 (2));
• misleading or deceptive statements to venues or to us, for example about tischlein, prices, discounts or your relationship with us (§ 8 (3)).

The forfeiture is limited to the commission you obtained through the breach, meaning the commission for the venues whose attribution is causally based on the breach; commission for other venues remains unaffected. We decide whether and to what extent commission is forfeited at our reasonable discretion (section 315 BGB) and notify you of the decision and its reasons in text form. § 6 (3) applies to amounts already paid out. Further claims, in particular for damages, remain unaffected.

(7) We make commission statements available to you on request after the end of the contract, too.

§ 11 Liability

(1) We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and to the extent of a guarantee we have given.

(2) In the case of slight negligence we are only liable for the breach of essential contractual obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely. In this case our liability is limited to the damage that was foreseeable and typical for this type of contract at the time the contract was concluded.

(3) Otherwise our liability is excluded, in particular for lost commission due to temporary unavailability of our website or your partner link. The above limitations also apply in favour of our legal representatives, employees and vicarious agents.

§ 12 Data protection and confidentiality

(1) How we process your personal data, such as your profile, tax details and bank details, is described in our privacy policy (German).

(2) In your partner area you only see, for each referred venue its name, the date of signup, the status of its subscription, the net revenue paid, your commission and the end of the commission period. Venues agree to this in our terms of use. You receive no contact details, no invoices and no access to the venues. We count visits to your partner link without personal data and without cookies.

(3) You use this information only to check your commission and for your invoices, treat it confidentially and do not pass it on to third parties.

§ 13 Changes

(1) We may change these partner terms and the program conditions, such as the commission rate, commission period, partner discount and minimum payout, with effect for the future if there is an objective reason. We notify you of changes in text form at least six weeks before they take effect.

(2) Changed conditions apply only to venues attributed to you after the change takes effect. For venues attributed before, the previous conditions continue to apply until the end of their commission period. We never reduce commission already recorded retroactively.

(3) If you do not object to the change in text form before it takes effect, it is deemed accepted. We point out this consequence, your right to object and the deadline separately in the notification. If you object, either party may terminate the contract with effect from the date the change would take effect; § 10 (2) applies accordingly.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from this contract is Wuppertal if you are a merchant, a legal entity under public law or a special fund under public law. We may also sue you at your general place of jurisdiction.

(3) Declarations relating to this contract may be made in text form, in particular by e-mail.

(4) You may only assign claims under this contract to third parties with our consent; section 354a of the German Commercial Code (HGB) remains unaffected. We may transfer this contract to a company affiliated with us within the meaning of sections 15 et seq. of the German Stock Corporation Act (AktG); we notify you of this in text form at least four weeks in advance, and you may terminate the contract until then.

(5) Should any provision of these partner terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.

Version: 2026-10-3