General Terms and Conditions (GTC)

MOKKA*MILCH GmbH · Restaurant & Café · Co-Working · Events & FunctionsKarl-Marx-Allee 35 · 10178 Berlin, Germany · HRB 281809 · As of: June 2026

Part A – General Provisions (applicable to all areas)

§ 1 Scope & Contracting Parties

(1) These General Terms and Conditions (“GTC”) apply to all contracts between MOKKA*MILCH GmbH, Karl-Marx-Allee 35, 10178 Berlin (“MOKKA*MILCH”) and its guests, customers, co-creators and members (“Customer”) in the areas of Restaurant & Café, Co-Working, and Events & Functions.

(2) Any deviating, conflicting, or supplementary general terms of the Customer shall only become part of the contract if MOKKA*MILCH has expressly agreed to them in writing.

(3) These GTC apply equally to consumers (§ 13 German Civil Code / BGB) and businesses (§ 14 BGB), unless expressly differentiated.

§ 2 Formation of Contract

(1) Bookings and reservations may be made via www.mokkamilch.de, by email, by telephone, or in person.

(2) A booking request by the Customer constitutes a binding offer. The contract is concluded upon written or electronic booking confirmation by MOKKA*MILCH.

(3) Booking confirmations by email are deemed to constitute written confirmation for the purposes of these GTC.

§ 3 Prices & Payment

(1) The prices displayed on the website or in the current price list at the time of booking shall apply. All prices are in euros and include statutory VAT.

(2) MOKKA*MILCH reserves the right to adjust prices with four weeks’ notice. The price agreed at the time of booking applies to confirmed bookings.

(3) Accepted payment methods: credit card, debit card, SEPA bank transfer, and online payment via the booking system. Cash payment is not available.

§ 4 House Rules & Conduct

(1) All guests and customers are required to comply with MOKKA*MILCH’s house rules, which are displayed on-site.

(2) MOKKA*MILCH reserves the right to ask persons who violate the house rules, endanger the safety or wellbeing of others, or fail to behave appropriately despite a warning to leave the premises. Fees already paid will not be refunded in such cases.

(3) Smoking is prohibited in all indoor areas. Designated smoking areas are signposted.

(4) Animals are permitted; however, they must be kept under control at all times. The operator reserves the right to require the removal of any animal that disturbs other guests or causes damage to property.

§ 5 Liability

(1) MOKKA*MILCH is liable without limitation for damages resulting from injury to life, body, or health, and for damages caused intentionally or through gross negligence.

(2) For ordinary negligence, MOKKA*MILCH is only liable if essential contractual obligations (cardinal obligations) are breached. In such cases, liability is limited to foreseeable, contract-typical damage.

(3) MOKKA*MILCH accepts no liability for the loss, damage, or theft of items brought onto the premises by guests.

(4) The above limitations of liability also apply in favour of MOKKA*MILCH’s vicarious agents.

§ 6 Data Protection

Personal data is processed in accordance with our Privacy Policy, available at www.mokkamilch.de/privacy

§ 7 Governing Law & Jurisdiction

(1) These GTC are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from or in connection with these GTC is Berlin, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany.

(3) For consumers, the statutory place of jurisdiction applies. Reference is made to the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr. MOKKA*MILCH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 8 Severability & Amendments

(1) Should any individual provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.

(2) MOKKA*MILCH reserves the right to amend these GTC with four weeks’ notice. For one-off bookings (restaurant, individual events), the GTC applicable at the time of booking shall apply. For ongoing contractual relationships (co-working subscriptions, event bookings, co-creator), the Customer shall have the right to terminate the contract with immediate effect upon any material amendment to these GTC. MOKKA*MILCH will expressly draw the Customer’s attention to this right in the amendment notification.

Part B – Restaurant, Café & Bar

This section does not apply for private event bookings, but only for table reservations within our restaurant, café and bar.

§ 9 Reservations

(1) Table reservations may be made via our website, by telephone, or by email. A reservation is binding on both parties once confirmed by MOKKA*MILCH.

(2) The reserved table will be held for up to 30 minutes after the agreed reservation time. In the event of late arrival without prior notification, the table may be reassigned.

(3) MOKKA*MILCH reserves the right to cancel reservations for operational reasons (e.g. exceptional closure, force majeure). Guests will be informed without delay.

§ 10 No-Show Policy & Cancellation

(1) The following no-show policy applies to reservations of 10 or more guests at our restaurant. If guests fail to attend their reservation or do not cancel within the applicable cancellation period (see clause 4), a fee of €15 per reserved guest will be charged.

(2) The no-show fee will be charged to the payment method provided at the time of reservation. MOKKA*MILCH may waive the fee at its discretion upon presentation of proof of force majeure (e.g. medical certificate).

(3) No no-show fee applies to groups of fewer than 10 guests; however, we kindly ask that you notify us as early as possible if you are unable to attend.

(4) For groups of 10 to 15 guests, cancellations are free of charge up to 48 hours before the reservation time. For groups of 16 or more guests, cancellations are free of charge up to 2 weeks before the reservation time. Later cancellations or no-shows will incur the no-show fee.

§ 10a Group Reservations with a Pre-Arranged Menu

(1) If, in addition to a table reservation under § 9, a specific menu and a total price or price per person have been agreed in advance between MOKKA*MILCH and the customer in writing or by email, the following provisions apply in addition to §§ 9 and 10.

(2) The customer must notify MOKKA*MILCH in writing of the final, binding guest count no later than 48 hours before the reserved time for groups of 10–15 people, or no later than 2 weeks before the reserved time for groups of 16 or more. A reduction of up to 15% in the final guest count compared to the originally agreed number is possible at no additional charge.

(3) The agreed menu is billed based on whichever is higher: (a) the guest count last notified under paragraph 2, (b) the number of guests who actually attended, or (c) 85% of the originally agreed guest count — with any fraction of a person always rounded up to the next whole person. A reduction beyond 15% that was not notified in time under paragraph 2 is treated as a partial cancellation; for the difference, the agreed menu remains owed, less any expenses demonstrably saved.

(4) The customer retains the right to prove that the expenses actually saved were higher than accounted for under paragraph 3.

(5) The flat no-show fee under § 10 does not apply to reservations under paragraph 1; only the billing under paragraph 3 applies. Any deposit already paid is credited against the amount owed under this provision.

(6) Drinks and any items not included in the agreed menu are billed based on actual consumption.

§ 11 Food & Beverages, Allergens

(1) Guests are generally not permitted to bring their own food or beverages. Exceptions (e.g. a birthday cake) require prior arrangement and may be subject to a corkage fee.

(2) Allergen information is indicated in the menu and available from staff on request. Despite all due care, MOKKA*MILCH cannot fully exclude cross-contamination.

(3) MOKKA*MILCH reserves the right to change its food and beverage offering at any time.

§ 12 Private Dining Bookings (up to 8 people)

(1) A minimum spend may be agreed for exclusive table bookings or private dining experiences. This will be set out separately in the booking agreement.

(2) If the minimum spend is not reached, the difference will be charged as a room fee.

Part C – Co-Working

§ 13 Services & Booking Models

MOKKA*MILCH offers the following co-working options:

Drop-in: daily use without prior reservation, subject to availability

Day booking: reservation of a workspace for a specific day

Monthly subscription / membership: package use at a fixed monthly rate

Room bookings: booked on an hourly basis

The scope of each option (workspace, Wi-Fi, printing, coffee flat rate, etc.) is set out in the current service description on the website.

§ 14 Booking & Contract Formation – Co-Working

(1) Day bookings and drop-in use are made via the website (Nexudus), the app, or on-site. Monthly subscriptions agreements are concluded in writing or electronically.

(2) Day pass users are granted access to the designated day pass area (‘Day Pass Gallery’) only. Access to the coworking areas reserved for monthly members is not permitted. By purchasing a day pass, users agree to these terms and conditions, as well as to our house rules.

§ 15 Cancellation & Termination – Co-Working

(1) Day Pass reservations may be cancelled free of charge up to 24 hours before the booked day. For later cancellations or non-appearance, the full day rate will be charged. Timely cancellations will result in a credit note for future use, valid for 12 months, to be used on a day pass in the future or room reservation.

(2) For monthly subscriptions, the contract may be terminated by either party with 30 days’ notice to the end of the month. The subscription renews automatically if no termination is done within this time frame. Termination must be in text form (email suffices).

(3) For yearly subscriptions, the contract may be terminated by either party with 30 days’ notice to the end of the contract year. The subscription renews automatically if not terminated within this time frame. Termination must be in text form (email suffices).

(4) The Member may terminate a yearly subscription before the end of the contract year with 30 days’ notice to the end of any calendar month (“early termination”). In such cases, an early termination fee of 50% of the remaining monthly fees until the regular end of the contract year shall be due. The Member retains the right to demonstrate that MOKKA*MILCH’s actual loss is lower than the fee charged.

(5) Either party may terminate the contract without notice for good cause (außerordentliche Kündigung aus wichtigem Grund) pursuant to §314 BGB. Good cause for MOKKA*MILCH includes, but is not limited to: (a) repeated or serious violations of the House Rules (Hausordnung); (b) behaviour that endangers the safety or wellbeing of other members, guests, or staff; (c) default on payment for more than 14 days despite reminder; (d) use of the space for purposes contrary to the contract; (e) persistent failure to fulfil material contractual obligations. In all cases, a prior written warning (Abmahnung) is required unless the severity of the breach makes continued membership unreasonable. In the event of termination by MOKKA*MILCH for good cause, no refund of prepaid fees shall be issued for the month in which termination takes effect. For remaining prepaid months, a pro-rata refund shall be issued.

§ 16 Co-Working Rules of Use

(1) The co-working area may only be used for lawful activities. Operating a business in direct competition with MOKKA*MILCH is not permitted.

(2) Noise that disturbs other users must be avoided. Phone or video calls must be made in designated areas.

(3) Members are responsible for the security of their own devices and data. The Wi-Fi network is a shared network; MOKKA*MILCH accepts no liability for data loss or security incidents.

(4) Printing allowances, locker use, and other resources are governed by the booked package. Misuse may result in access being suspended.

(5) Personal items brought onto the premises are stored at the owner’s own risk. MOKKA*MILCH recommends using the lockers provided.

§ 16a Meeting & Workshop Room Bookings

(1) MOKKA*MILCH offers meeting rooms and workshop spaces for hourly booking. These rooms are available to coworking members and external customers alike. The applicable hourly rates are set out in the current price list on the website or provided upon request.

(2) Room bookings may be made via the website (Nexudus), by email, or on-site. A booking is binding once confirmed by MOKKA*MILCH. Payment is due upon booking confirmation, unless otherwise agreed.

(3) For meeting room bookings, cancellations made more than 24 hours before the booked time slot are free of charge. For cancellations made 24 hours or fewer before the booked time, or in the event of a no-show, the full booking fee shall be charged.

(4) For workshop room bookings, cancellations made more than 7 days before the booked date are free of charge. For cancellations made 7 days or fewer before the booked date, the following applies: (a) 3–7 days before: 50% of the booking fee; (b) fewer than 3 days before or no-show: 100% of the booking fee. The Customer retains the right to demonstrate that MOKKA*MILCH’s actual loss is lower than the fee charged.

(5) MOKKA*MILCH reserves the right to cancel or reschedule a room booking for operational reasons, provided at least 48 hours' notice is given. In such cases, MOKKA*MILCH will offer a suitable alternative time slot or, if no alternative is available, a full refund. Further claims for damages are excluded unless MOKKA*MILCH is at fault.

(6) The booked room must be vacated on time. If the booking overruns without prior arrangement, MOKKA*MILCH reserves the right to charge for each additional commenced hour at the applicable hourly rate.

(7) The room must be left in a clean and orderly condition. Additional cleaning costs resulting from excessive mess or damage may be charged to the Customer.

Part D – Private Events & Functions

§ 17 Scope – Events

This section applies to bookings of event spaces and organised events at MOKKA*MILCH, including private celebrations, corporate events, cultural events, and public or internal workshops.

§ 18 Booking & Deposit

(1) Event bookings are made via Nexudus, by email, or by telephone, and are only binding once written confirmation (email) has been issued by MOKKA*MILCH. On request, MOKKA*MILCH may provisionally hold an event space for up to 14 calendar days (option period). If no booking and payment is confirmed within this period, the reservation lapses automatically and the event space may be made available to others.

(2) For events with 30 or more persons (“large events”), a deposit of 50% of the agreed total amount is due within 7 days of booking confirmation. The remaining balance is due no later than 14 days before the event.

(3) For events with fewer than 30 persons (small events), no deposit is required. The full invoice is due no later than 7 days before the event, or – for short-notice bookings – immediately upon confirmation.

(4) In the event of non-payment of amounts due, MOKKA*MILCH reserves the right to cancel the booking and retain the deposit as compensation.

§ 19 Cancellation by the Customer

(1) Cancellations must be made in text form (email suffices) to events@mokkamilch.de. The date of receipt of the cancellation by MOKKA*MILCH is decisive.

(2) In the event of cancellation by the Client for large events (30 or more participants), the following fees apply based on the agreed total amount: (a) more than 60 days before the event: the deposit is forfeited; (b) 60–31 days before the event: 50% of the total amount; (c) 30–15 days before the event: 75% of the total amount; (d) 14 days or fewer before the event: 100% of the total amount.

(3) MOKKA*MILCH may require a refundable security deposit of up to €1,000 for large events. This deposit shall be returned within 14 days after the event, less any costs for damages or additional cleaning.

(4) For smaller events (fewer than 30 persons), the following fees apply based on the agreed total amount: (a) more than 7 days before the event: no charge; (b) 7 days or fewer before the event: 100% of the agreed fee.

(5) The Client retains the right to demonstrate that MOKKA*MILCH’s actual loss is lower than the cancellation fee charged.

(6) Any deposit already paid will be offset against the cancellation fee. Surpluses will be refunded within 14 days.

(7) Should the event exceed the agreed duration, MOKKA*MILCH reserves the right to charge an overrun fee as communicated at the time of booking.

§ 20 Cancellation by MOKKA*MILCH

(1) MOKKA*MILCH is entitled to cancel an event booking if exceptional circumstances arise that make it impossible or significantly impair the holding of the event (e.g. force majeure, official orders, structural damage to the building).

(2) In such cases, MOKKA*MILCH will first offer the Customer an alternative date. If an alternative date is not acceptable to the Customer or no suitable date is available, all payments already made will be refunded in full.

(3) Further claims for damages by the Customer – in particular for expenditure such as catering, decoration, travel costs, or loss of profit – are excluded, provided MOKKA*MILCH is not at fault.

§ 21 Number of Participants & Room Capacity

(1) A binding final guest count must be communicated in writing no later than 7 days before the event. The final guest count may not deviate downward by more than 15% from the originally agreed number of guests. Billing shall be based on the higher of (a) the final confirmed count, (b) the actual attendance, or (c) 85% of the originally agreed guest count. Any reduction beyond 15% shall be treated as a partial cancellation, and the cancellation fees under § 19 shall apply proportionally to the difference.

(2) Where the space rental fee is calculated on the basis of the agreed number of participants, a reduction in participant numbers does not entitle the Customer to a corresponding reduction in the rental fee. MOKKA*MILCH reserves the right to adjust the rental fee upward if the reduced participant count results in a lower applicable pricing tier.

(3) The maximum capacity of the booked space is binding. Exceeding this capacity is not permitted for safety reasons and entitles MOKKA*MILCH to refuse entry.

§ 22 Catering & Beverages

(1) All catering at MOKKA*MILCH events is provided exclusively by MOKKA*MILCH or by service providers commissioned by MOKKA*MILCH. This covers the supply and service of all food and beverages as well as the deployment of service staff for catering purposes.

(2) Customers are not permitted to bring their own food or beverages onto the premises, or to engage external catering companies or other catering service providers, without the prior written consent of MOKKA*MILCH. Exceptions require prior written agreement and may be subject to a corkage fee or service surcharge, the amount of which will be confirmed in advance.

(3) MOKKA*MILCH offers catering packages on request.

(4) The serving of alcohol is subject to statutory regulations. MOKKA*MILCH is entitled to refuse service if guests are visibly intoxicated or proof of minimum age cannot be provided.

§ 23 Set-Up, Breakdown & Decoration

(1) Set-up and breakdown times must be agreed at the time of booking and are included in the hire period. Overruns will be invoiced at the applicable hourly rate.

(2) Decorations may only be affixed using suitable, residue-free fixings. Nails, screws, permanent adhesive tape, or open candles without wind protection are not permitted.

(3) Confetti, glitter, and similar materials are only permitted with prior express approval. Additional cleaning costs will be charged to the Customer.

§ 24 Technical Equipment, Lighting & Sound

(1) Available technical equipment (sound, lighting, projector, microphones, etc.) will be made available by arrangement. Operation and briefing by staff can be booked on request.

(2) External technical service providers or DJ equipment may only be used with prior approval.

(3) The Customer is liable for damage to technical equipment caused by improper use.

§ 25 Noise & Quiet Hours

(1) Statutory quiet hours (from 22:00) must be observed. Events involving elevated noise levels (music, microphone use) are permitted until 22:00 at the latest, unless a special exemption permit has been obtained.

(2) The use of the terrace and all outside space is not permitted past 22:00 due to noise regulations.

(3) MOKKA*MILCH is entitled to reduce the volume or terminate an event early in the event of persistent complaints or imminent regulatory violations. No refunds are payable in such cases.

§ 26 Liability & Damages – Events

(1) The Customer is liable for damage caused by themselves, their guests, or third parties they have engaged to the premises, inventory, or technical equipment of MOKKA*MILCH.

(2) MOKKA*MILCH recommends that Customers take out event liability insurance.

(3) MOKKA*MILCH accepts no liability for damage to items brought onto the premises by Customers or their guests, provided MOKKA*MILCH is not at fault.

§ 27 Photography & Filming

(1) The Customer is entitled to take photos and videos on the booked premises for private purposes.

(2) Commercial or professional photo and film productions require prior written approval from MOKKA*MILCH.

(3) MOKKA*MILCH may photograph and film the premises and general event atmosphere for its own marketing and communications purposes. The Customer shall inform their guests prior to the event that photography and filming by MOKKA*MILCH may take place. Guests who do not wish to appear in such material may inform MOKKA*MILCH staff or the photographer on site, and MOKKA*MILCH will make reasonable efforts to accommodate such requests.

(4) MOKKA*MILCH will not publish images in which individual persons are clearly recognizable as the primary subject without obtaining their consent. For general atmosphere shots in which guests appear incidentally, the prior notification by the Customer under paragraph (3) shall suffice.

Part E – Community Events – hosted by MOKKA*MILCH or Co-hosted

This section applies to events hosted or co-hosted by MOKKA*MILCH as part of its community programme, including workshops, talks, meals, cultural evenings, networking events, and similar formats. Sub-section I applies to participants (ticket purchasers and attendees). Sub-section II applies to Co-Creators who collaborate with MOKKA*MILCH to develop and deliver such events.

Sub-section I – Participants

§ 28 Tickets & Registration

(1) Tickets for community events may be purchased via the MOKKA*MILCH website, designated ticketing platforms, or on-site subject to availability.

(2) A contract is concluded upon completion of the ticket purchase or registration confirmation by MOKKA*MILCH. The ticket price displayed at the time of purchase shall apply.

(3) Tickets are personal and non-transferable unless otherwise stated. Resale of tickets at a markup is prohibited.

(4) Some community events may be offered free of charge or on a donation basis. Registration is still required, and these GTC apply accordingly.

§ 29 Right of Withdrawal

(1) In accordance with §312g(2) Nr. 9 BGB, the statutory right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract provides for a specific date or period of performance. This applies to all ticketed community events with a fixed date.

(2) Voluntary cancellation by participants is governed by § 30 below.

§ 30 Cancellation & Refund – Participants

(1) Cancellation by participants must be made on the website.

(2) For paid events, the following cancellation terms apply: (a) more than 7 days before the event: full refund or credit note, at the choice of the participant; (b) 3–7 days before the event: credit note for a future MOKKA*MILCH community event, valid for 12 months; (c) fewer than 3 days before the event or no-show: no refund or credit.

(3) MOKKA*MILCH may, at its discretion, allow ticket transfers to another person in lieu of cancellation.

§ 31 Event Changes & Cancellation by MOKKA*MILCH

(1) MOKKA*MILCH reserves the right to make reasonable changes to community events, including changes to the programme, speakers, format, or timing, provided the overall character of the event is preserved. Such changes do not entitle participants to a refund.

(2) Should MOKKA*MILCH cancel an event entirely, participants will be offered the choice of a full refund or a credit note valid for 12 months.

(3) MOKKA*MILCH is not liable for costs incurred by participants in connection with a cancelled event (e.g. travel, accommodation), unless MOKKA*MILCH is at fault.

(4) MOKKA*MILCH reserves the right to set a minimum number of participants for any event. If the minimum is not met, MOKKA*MILCH may cancel the event up to 48 hours before the scheduled start time, subject to paragraph (2).

§ 32 Participant Conduct

(1) Participants must comply with the MOKKA*MILCH House Rules (Hausordnung) and the instructions of event hosts and staff at all times.

(2) MOKKA*MILCH reserves the right to exclude participants who violate the house rules, behave disruptively, or endanger the safety or wellbeing of others. No refund shall be issued in such cases.

(3) Participants attend events at their own risk. For events involving physical activity, participants are responsible for assessing their own fitness and suitability.

§ 33 Photography, Filming & Data Sharing – Community Events

(1) Community events at MOKKA*MILCH may be photographed and filmed for the purposes of documentation, marketing, and promotion. By purchasing a ticket or registering for a community event, participants consent to the capture and publication of photographs and video footage in which they may appear. This consent may be revoked at any time in text form (email to events@mokkamilch.de); revocation shall take effect for future use only.

(2) Participants who do not wish to be photographed or filmed during the event are additionally asked to inform staff or the photographer on site, and MOKKA*MILCH will make reasonable efforts to accommodate such requests.

(3) Where MOKKA*MILCH wishes to use images in which individual persons are clearly recognizable and identifiable as the primary subject (e.g. portraits, featured interviews, testimonials), separate explicit consent will be obtained.

(4) The legal basis for processing image data is Art. 6(1)(a) GDPR (consent). Participants are informed of this consent requirement at the point of ticket purchase.

(5) MOKKA*MILCH is entitled to share personal data of participants that is necessary for the proper delivery of the event (e.g. name, dietary requirements, accessibility needs) with the Co-Creator responsible for the event. Such data will only be shared to the extent required for event delivery and will be processed by the Co-Creator in accordance with GDPR. The Co-Creator is not permitted to use participant data for their own marketing purposes without the separate consent of the data subjects.

(6) Participants may take photographs and videos for personal, non-commercial use. Commercial or professional productions require prior written approval from MOKKA*MILCH.

Sub-section II – Co-Creators

§ 34 Scope & Nature of Cooperation

(1) A “Co-Creator” is an independent third party who collaborates with MOKKA*MILCH to develop, organise, and deliver community events. Co-Creators may include workshop leaders, speakers, facilitators, coaches, artists, and similar professionals.

(2) The Co-Creator acts as an independent contractor (selbstständige/r Unternehmer/in). The cooperation does not constitute an employment relationship, partnership, or joint venture. Each party is independently responsible for its own tax and social security obligations.

(3) The specific terms of each cooperation — including event format, dates, pricing, revenue share, and responsibilities — are set out in a separate Event Cooperation Agreement (Kooperationsvertrag), to which these GTC apply supplementarily.

§ 35 Revenue Sharing & Invoicing

(1) The revenue-sharing model (fixed fee, percentage of ticket sales, or hybrid) is specified in the individual Event Cooperation Agreement.

(2) Settlement and payment are made within 14 days after the event, on the basis of actual ticket sales and attendance as recorded by MOKKA*MILCH’s ticketing system.

(3) Each party is responsible for the tax treatment of its own revenue. The Co-Creator shall invoice in accordance with their tax status — either under the small business exemption (§19 UStG) or standard VAT. VAT status must be clarified in advance and recorded in the Event Cooperation Agreement.

§ 36 Communication & Marketing

(1) Both parties shall jointly develop the event description and promotional materials. MOKKA*MILCH shall publish the event through its own channels (website, social media, newsletter).

(2) The Co-Creator may promote the event through their own channels, provided MOKKA*MILCH’s branding guidelines and tone of voice are respected.

(3) Photographic and video material produced by MOKKA*MILCH may be used by both parties for communication purposes. Where the Co-Creator independently produces visual material featuring participants, the Co-Creator is solely responsible for obtaining the necessary consents.

(4) The Co-Creator shall, upon request, provide reference photos or a brief testimonial for joint promotional use.

§ 37 Quality Assurance & Brand Protection

(1) Both parties commit to maintaining a professional and respectful standard in all aspects of the cooperation.

(2) The Co-Creator shall inform MOKKA*MILCH without delay of any circumstances that may affect the delivery or quality of the event.

(3) In the event of repeatedly negative feedback attributable to the Co-Creator, and despite written notification of the concerns, MOKKA*MILCH may terminate the cooperation with immediate effect.

(4) The Co-Creator shall not carry out any activities that could damage the reputation of MOKKA*MILCH, in particular political campaigning, discriminatory content, or unlawful activities.

(5) In cases of serious reputational damage, MOKKA*MILCH reserves the right to claim damages in accordance with statutory provisions.

§ 38 Cancellation of Individual Events

(1) Cancellation of a scheduled event by the Co-Creator must be communicated in text form as early as possible.

(2) If the Co-Creator cancels an event fewer than 14 days before the scheduled date without good cause, MOKKA*MILCH may claim compensation for costs already incurred (e.g. marketing, staff planning, foregone ticket revenue).

(3) If MOKKA*MILCH cancels an event, the Co-Creator shall be entitled to compensation for documented costs already incurred, unless the cancellation is due to force majeure or circumstances beyond MOKKA*MILCH’s reasonable control.

§ 39 Intellectual Property & Content

(1) The Co-Creator retains all intellectual property rights to their own content, materials, and methods. No transfer of IP takes place through the cooperation.

(2) The Co-Creator grants MOKKA*MILCH a non-exclusive, royalty-free licence to use the event title, description, and promotional materials for the purpose of marketing the event and the MOKKA*MILCH community programme.

(3) MOKKA*MILCH retains all rights to its own brand, logo, and marketing materials.

§ 40 Liability – Co-Creator Cooperation

(1) The Co-Creator is liable for damages caused by their performance, materials, or conduct towards participants or within the event space, insofar as such damages are attributable to intent or gross negligence. The Co-Creator is recommended to hold professional liability insurance (Berufshaftpflichtversicherung).

(2) MOKKA*MILCH is liable for the proper provision of the event space and hosting services. No liability is assumed for force majeure or circumstances beyond MOKKA*MILCH’s reasonable control.

(3) Each party shall indemnify the other against third-party claims caused by its own fault.

§ 41 Data Protection – Co-Creator Cooperation

(1) Each party shall process personal data of participants exclusively in accordance with GDPR and within the scope of their respective responsibilities.

(2) Participant data collected by MOKKA*MILCH (name, email, payment data) shall not be shared with the Co-Creator without the express consent of the data subjects, except as provided in § 33(5).

(3) The Co-Creator shall not process payment data of participants.

(4) Where required, a separate Data Processing Agreement (Auftragsverarbeitungsvereinbarung / AVV) shall be concluded.

§ 42 Confidentiality

The parties shall treat all commercial terms of their cooperation — in particular fee structures and revenue shares — as confidential and shall not disclose them to third parties without the other party’s consent. This obligation survives the termination of the cooperation.