Right of Withdrawal
Consumers within the meaning of § 13 of the German Civil Code (BGB) have the following right of withdrawal, unless it lapses early due to your express prior consent pursuant to § 356 (4) BGB (see below).
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must inform us ([Company details pending in Admin Settings], [Company details pending in Admin Settings], [Company details pending in Admin Settings], email: [Company details pending in Admin Settings]) by means of a clear statement (e.g. an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification before the withdrawal period expires.
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we received notice of your withdrawal. We will use the same means of payment you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
If you expressly requested that performance begin during the withdrawal period and you nevertheless withdraw, you must pay us, pursuant to § 357a BGB, a reasonable amount corresponding to the proportion of the service already performed up to the point you notified us of your withdrawal, compared to the total scope of the booked plan (compensation for value).
Subscriptions (Basic/Pro) and the Party Pass (8h/12h/24h) are digital services within the meaning of § 356 (4) BGB (not (5)) — the essence of the booked plan is the ongoing photo/video processing and TV display for the duration of the plan or usage period, not a work handed over once.
For such a digital service, your right of withdrawal ends early if we began performing the contract after you, during checkout, expressly agreed that we may begin before the withdrawal period expires, and confirmed that you would thereby lose your right of withdrawal once the service has been fully performed. We obtain this consent via a separate, unchecked checkbox during checkout (kept apart from the Terms), and store the exact wording you agreed to as evidence.
The texts currently used at checkout read:
Subscription (Basic/Pro):
I expressly agree that Jolti may begin performing the subscription service (photo/video processing, storage, TV display) before the 14-day withdrawal period expires. I understand that my right of withdrawal ends once the respective service has been fully performed.
Party Pass (8h/12h/24h):
I agree that Jolti will provide me access to my booked pass immediately after payment. I understand that the actual performance (photo/video processing, storage, TV display) only begins once I explicitly click "Start party" — not already at the moment of payment. I expressly request that Jolti begin that performance even before the 14-day withdrawal period ends, as soon as I start it. If I withdraw after that start, I owe proportional value compensation for the performance already rendered (§ 357a BGB). My right of withdrawal ends completely once performance has been fully rendered — that is the case once both my booked time window and (if I purchased the archive upgrade) the following 24-hour archive window have elapsed. An unused pass that is never started automatically lapses 12 months after purchase.
Event archive (ZIP download): a purchased event archive is digital content not supplied on a physical medium. We likewise obtain a separate, express consent at checkout for this:
Event archive:
I expressly request that Jolti provide my purchased event archive (ZIP download) immediately after payment — even before the 14-day withdrawal period ends. I understand that my right of withdrawal ends once the archive has been fully provided, since this is digital content not supplied on a physical medium.
Without such consent at checkout, your right of withdrawal continues to apply even where performance has already begun or fully completed (compensation for value pursuant to § 357a BGB, see above).
For the Party Pass (8h/12h/24h), we deliberately distinguish between the moment of purchase and the start of actual performance: payment grants you immediate access to your booked event (so you can configure it at your own pace), but performance itself (photo/video processing, storage, TV display) only begins once you click “Start party” in your dashboard yourself — at your own express request (§ 356 (4) BGB). Only from that click does your booked time window (8/12/24 hours) start running.
Full performance — and therefore the final expiry of your right of withdrawal — occurs once your booked time window has elapsed AND (if you purchased the archive upgrade) the following archive window, typically 24 hours, has also elapsed. Without the archive upgrade, performance ends already when the time window elapses; there is no trailing window in that case.
A purchased Party Pass that is never started automatically lapses 12 months after purchase.
Withdrawal form To [Company details pending in Admin Settings], [Company details pending in Admin Settings], [Company details pending in Admin Settings], [Company details pending in Admin Settings]: I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service – Ordered on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date (*) Delete as appropriate.
Draft — legal review pending.