General Terms and Conditions

(1) The provider of the Sunworker platform (website sunworker.eu and apps) is Sunworkers Ltd., Sinasi Bei 69, Kings Resort, Block C, Flat/Office A2, 8015 Paphos, Republic of Cyprus, registered in the companies register of the Republic of Cyprus (Registrar of Companies) under number HE 464110, represented by its Director Andy Staudinger, VAT identification number CY60058879W, email kontakt@sunworker.eu (“Sunworker”). Further details are provided in the legal notice.

(2) These terms apply to the contract for the use of the platform (User Agreement) between Sunworker and its users. Users are venues – restaurants, hotels, bars, canteens, caterers, event organisers and other traders seeking a professional for their commercial activity –, professionals – natural persons offering hospitality services on a self-employed basis, for example as a cook, service professional, bartender, pastry chef, sommelier or dishwasher – and private persons who, as consumers within the meaning of § 13 of the German Civil Code (BGB), book a professional for a private occasion. Venues and private persons are together referred to as clients. Venue and private accounts may hold several roles; a professional account holds exactly one. In each case, the rules of the role in which the user is acting apply.

(3) A shift is the individual, time-limited service performed by a professional for a client on one or more days. The Shift Contract is the contract concluded between the client and the professional for a shift.

(4) Deviating or supplementary terms and conditions of users do not form part of the contract, even if Sunworker does not expressly object to them.

(5) Private persons are additionally subject to the special provisions in § 13. Where § 13 provides otherwise, it takes precedence.

(6) The language of the contract is German. Translations of these terms are provided for ease of understanding; the German version is authoritative.

(1) Sunworker operates an online marketplace on which clients and professionals find one another and agree, carry out, settle and review shifts. For this purpose, Sunworker provides profiles, search, requests, postings and messages, checks uploaded credentials (§ 3 (para. 4)), processes payment as escrow agent via the payment service provider Stripe (§ 5), prepares the documents (§ 5 (para. 9)) and operates the review system (§ 7).

(2) Sunworker acts exclusively as an intermediary. Sunworker does not become a party to the Shift Contract, owes neither the professional’s service nor the client’s fee and does not act as the vicarious agent of either party. Claims arising from the Shift Contract – for performance, payment, remedies for defects or damages – exist solely between the client and the professional.

(3) Sunworker does not engage in temporary agency work within the meaning of § 1 of the German Temporary Agency Work Act (AÜG) and does not place persons into employment relationships. Sunworker does not employ any professionals and does not hire out professionals to third parties. The professional works for the client in their own name, for their own account and on their own responsibility.

(4) The professional is self-employed. They set their own hourly rate, decide freely whether to accept or decline a request, determine when they are available and may work for any number of other clients, including outside the platform. Sunworker gives professionals no instructions as to the time, place or manner of their service. Declining a request or leaving it unanswered results in no disadvantage – neither in the level (§ 5 (para. 4)) nor in the order of the search results (§ 8).

(5) Clients and professionals structure every shift in such a way that it gives rise neither to dependent employment (§ 611a BGB, § 7 of Book IV of the German Social Code (SGB IV)) nor to disguised temporary agency work. The client describes the service owed – such as the occasion, menu, number of guests and time frame – and coordinates what is necessary to carry out the service at the place of work, such as access and hygiene and safety requirements. Beyond this, the client gives no instructions. In particular, the following are not permitted: fixed rotas instead of individually requested shifts, integration of the professional into the client’s shift planning in the manner of an employed worker, requirements regarding the hourly rate and any obligation to accept requests. Several shifts by the same professional for the same client are permitted, provided that each shift is requested and accepted individually.

(6) Sunworker does not examine whether an activity is to be classified as self-employed under social security law. Each professional is personally responsible for their obligations under tax, trade and social security law. The client and the professional may have their status clarified in a status determination procedure under § 7a SGB IV.

(1) Use of the platform requires an account. Only persons of full age with unrestricted legal capacity may register; a venue is registered by a person authorised to represent it. The User Agreement is concluded upon completion of registration and acceptance of these terms. There is no entitlement to registration.

(2) Anyone registering as a venue or as a professional acts as a trader within the meaning of § 14 BGB and confirms this upon registration. Anyone booking a professional for private purposes registers as a private person. Venues may invite further persons to their account; the venue is responsible for their conduct on the platform.

(3) Before a professional can accept a shift, they provide their name, address, telephone number and email address as well as their tax details and set up a payout account with Stripe, during which their identity is verified. They declare that they offer only services that comply with applicable law. Sunworker checks this information with reasonable effort (cf. Art. 30 of Regulation (EU) 2022/2065 (Digital Services Act)). A professional without an activated payout account can be requested but cannot accept.

(4) The professional warrants that they hold the registrations, permits and credentials required for their activity, in particular the instruction under § 43 of the German Infection Protection Act (Infektionsschutzgesetz), and keeps uploaded credentials up to date. Sunworker checks credentials for completeness, legibility and period of validity. No assessment of professional suitability takes place.

(5) All users provide truthful and complete information and keep it up to date. Login credentials must be kept secret; an account is not transferable. If there is any suspicion that third parties are using an account, Sunworker must be informed without delay.

(6) Registration, search, requests, postings and messages are free of charge. Charges arise only once a shift has been formed, and only in accordance with § 5.

(1) Profiles and postings are not binding offers but an invitation to submit an offer.

(2) Request. The client requests a professional for a specific shift – at the professional’s hourly rate or at a fixed price for a described service package. The request is not yet binding. The professional decides freely whether to accept; by accepting, the professional submits a binding offer on the terms of the request. The Shift Contract is concluded when the client confirms the shift and the amount under § 5 (para. 7) has been collected. If the collection fails, no Shift Contract is concluded.

(3) Posting. Instead of requesting a specific professional, the client may post a shift. Professionals apply at their own price or at the stated fixed price; the application is their binding offer. The Shift Contract is concluded upon the client’s award as soon as the amount under § 5 (para. 7) has been collected. The client is under no obligation to make an award.

(4) Sunworker does not set prices and does not select professionals. Requests and acceptances that are not responded to within the period displayed on the platform lapse.

(5) Before confirmation, Sunworker displays an overview showing the professional, place of work, period, hourly rate or fixed price, surcharges, travel, service fee and the expected total amount. Entries can be reviewed and corrected until confirmation. Once the shift has been formed, both parties receive a confirmation by email; the details of the shift and the version of these terms applicable at the time the contract was concluded remain accessible in the account.

(6) The content of the shift is what has been recorded in the request or posting, the acceptance or application and the related message history. Changes to the time, place or scope after formation require the consent of both parties.

(7) The Shift Contract is governed by the statutory provisions – the law on contracts for work (Werkvertrag) where a specific result is owed, such as an agreed menu, and otherwise the law on contracts for services (Dienstvertrag). By accepting and confirming, the client and the professional additionally agree, for their Shift Contract, to the rules of §§ 5 to 7 and to the law specified in § 16 (para. 1).

(1) Fee. The fee is calculated from the professional’s hourly rate and the time actually worked, to the minute, or from the agreed fixed price, in each case plus agreed surcharges and travel. The hourly rate is set solely by the professional. A fixed price is named by the client; the professional is free to accept or decline it.

(2) Surcharges for night, Sunday and public holiday work are set solely by the professional in their terms; Sunworker does not prescribe any rates. The surcharges owed are those in the terms that apply at the time of the request: they are recorded for the shift with the request and shown in the overview before confirmation (§ 4 (para. 5)); a later change to the terms does not apply to that shift. Where several surcharges coincide, only the highest applies; surcharges are not added together.

(3) Actual time. The professional records the start and end of the shift (check-in and check-out) and submits the actual time for each day of the shift. The client confirms it or disputes it within 48 hours with a counter-proposal. If the client does not respond within this period, the submitted time is deemed confirmed; Sunworker expressly draws attention to this consequence upon submission. If the parties cannot agree, Sunworker decides on the release of the amount held in escrow on the basis of the available evidence. The right of both parties to assert their claims in court remains unaffected.

(4) Commission. For the matching, the professional pays Sunworker a commission on the order value – the net fee including surcharges, excluding travel and excluding cancellation compensation; for small businesses (§ 19 UStG), the agreed fee. The commission is withheld from the payout. Its amount depends on the level held by the professional upon completion of the shift or, in the case of payment in segments (para. 7), upon settlement of the respective segment; at the entry level it is 15 %. The level is determined solely by the number of completed shifts: Level 1 from 5, Level 2 from 25 and Level 3 from 75 completed shifts. Ratings, cancellations and no-shows have no effect on the commission. The rates are also shown on the pricing page. The professional receives an invoice from Sunworker for the commission without VAT; the VAT is owed by the professional as the recipient of the service (reverse charge, Art. 196 of Directive 2006/112/EC; in Germany § 13b UStG). If the professional is established in Cyprus, Cypriot VAT (currently 19 %) is added and withheld together with the commission.

New – commission

15 %

Level 1 – commission

15 %

Level 2 – commission

10 %

Level 3 – commission

8 %

(5) Service fee. Venues pay Sunworker a service fee for the use of the platform of 15 % of the order value, in the case of a fixed price of the net fixed amount excluding travel. It is collected together with the amount under para. 7, adjusted to the final order value after the shift or per segment and invoiced separately by Sunworker without VAT, in the case of payment in segments per segment; the VAT is owed by the venue as the recipient of the service (reverse charge, Art. 196 of Directive 2006/112/EC; in Germany § 13b UStG). For venues established in Cyprus, Cypriot VAT (currently 19 %) is added. Private persons pay no service fee. The service fee also covers the cost of payment processing; no separate charge is made for the payment method.

(6) Payment service provider. Payments and payouts are processed via the payment service provider Stripe. The professional’s payout account is additionally subject to Stripe’s terms, which the professional accepts when setting it up. For engagements booked by private individuals, the professional bears the fee Stripe charges for receiving the payment for the engagement; Sunworker invoices it at its actual amount and offsets it against the payout.

(7) Collection and escrow. When a shift is formed (§ 4 (para. 2 and 3)), the full expected amount, in the case of payment in segments the amount of the first segment, is collected immediately from the client’s stored payment method, for venues including the service fee. For a card, Sunworker may first have this amount reserved on the card: at the request, if the first day of the shift is no more than six days away and the client agrees to the exact amount in the request, otherwise when the professional accepts. The card is only charged when the shift is formed; otherwise the reservation is released immediately. Collection by SEPA direct debit only takes place if the first day of the shift is at least nine days after the confirmation, the venue has already paid for three shifts by card or Sunworker has approved direct debit for it, and the amount does not exceed the limit per shift (usually € 2,000); otherwise a stored card is charged. Private persons pay by card. A shift comprises no more than 31 shift days. If it includes shift days in more than one calendar week (Monday to Sunday), it is divided into segments per calendar week (payment in segments). An incomplete first or last calendar week with fewer than four shift days is added to the adjacent segment; a shift with up to ten shift days forms a single segment. The amount of each further segment is collected three days (72 hours) before its first shift day. Amounts and dates are shown in the payment schedule in the overview before confirmation (§ 4 (para. 5)). By confirming, the client instructs Sunworker to collect the amounts on these dates from the payment method stored at that time. Sunworker receives the amount on behalf of the professional and holds it in escrow in an account of the platform with Stripe until payout. Upon receipt by Sunworker, the client’s payment obligation towards the professional is discharged in that amount.

(7a) Late payment of segments. If the collection of a further segment fails, Sunworker informs both parties and attempts the collection again; the client may make the payment itself at any time. If the amount has not been received 48 hours before the first shift day of the segment, the professional is not obliged to work the shift days of that segment; this counts neither as a cancellation nor as a no-show by the professional. If the amount has not been received by the start of the first shift day of the segment, that segment and all subsequent segments end; this counts as a cancellation by the client, declared 48 hours before that start (§ 6 (para. 2 and 3)). If the amount is received after expiry of the deadline under sentence 2 but before the start, the professional may cancel the shift days of that segment within 24 hours without consequences; the amount is then refunded in full.

(8) Settlement after the shift. After the shift, in the case of payment in segments after each segment, the amount is recalculated on the basis of the confirmed actual time (para. 3). Any additional amount is charged to the same payment method, and any shortfall is refunded; in the case of a fixed price, neither applies. If an additional charge fails, the outstanding amount remains a claim of the professional directly against the client. Sunworker pays out only what has actually been received and makes no advance payments. If an additional charge remains outstanding for more than 7 days, the client cannot make new requests, post shifts or make awards until it has been settled. The same applies while a payment has been reversed after collection (return of a direct debit or chargeback of a card payment) and the reversal has not been resolved.

(9) Invoice. The invoice for the shift is issued by the professional to the client. Before their first acceptance, the professional instructs Sunworker to prepare and transmit this invoice in the professional’s name and on the professional’s behalf (invoice issued by a third party, § 14 (para. 2) sentence 6 UStG), or uploads their own invoice. The professional may revoke this instruction for future shifts at any time. The professional remains the issuer; they are responsible for their tax details, check every invoice and object without delay if it is incorrect. Corrections are made by means of a cancellation document and a new invoice. If the professional is established in a state other than that of the client, they invoice their service to businesses without VAT; the VAT is owed by the client as the recipient of the service (reverse charge, Art. 196 of Directive 2006/112/EC; in Germany, § 13b UStG). Private individuals cannot currently book such professionals.

(10) Clearing and payout. The clearing period is 72 hours from completion of the shift, in the case of payment in segments from completion of the respective segment. A dispute may be opened within this period; it holds the payout until the matter is resolved. After the period has expired and as soon as the invoice for the shift or the segment is available, the amount received, less the commission, is transferred to the professional’s payout account. An uploaded invoice must show the amount resulting from the confirmed actual time. For engagements booked by private individuals, the payment fee under para. 6 is also deducted.

(1) As long as a shift has not been formed, either party may withdraw a request, acceptance or posting free of charge.

(2) If the client cancels a shift that has been formed, or if the professional is unable to perform it for reasons for which the client is responsible – for example because they find no one at the place of work or are not granted access –, the client owes the professional, instead of the fee, lump-sum cancellation compensation. Its amount follows from the scale in the professional’s terms: a share of the agreed net fee for the booked time or of the fixed price, graded by the time of the cancellation. The scale is shown in the professional’s profile and recorded for the shift with the request; a later change to the terms does not apply to that shift.

(3) The decisive point in time is when the cancellation is declared on the platform, relative to the agreed start. If a shift comprises several shift days, the scale applies to each shift day separately, relative to its agreed start; this also applies if only individual shift days are cancelled. Shift days already begun or worked are settled under § 5 and not as a cancellation. The scale reflects that the professional has kept the date free and that the shorter the notice of cancellation, the more difficult it is to allocate the date otherwise. The client remains entitled to prove that the professional has suffered no loss or a loss substantially lower than the lump sum, for example because the professional has allocated the date otherwise.

(4) The cancellation compensation is retained from the amount collected and paid out to the professional after the clearing period has expired; no commission is charged on it. The professional chooses in their conditions how it is treated for VAT: as “Damages (not subject to VAT)” without VAT – this is the default – or as “Fee (plus VAT)”, in which case VAT is added according to their tax status. The choice is recorded for the shift with the request; the document Sunworker issues for the compensation follows it and shows the compensation per day of the shift. The remaining amount and the service fee are refunded to the client. If the client cancels a shift that is already under way, the days already worked or begun are invoiced normally; the fee, commission and service fee for those days remain, and only the rest is refunded.

(5) If the professional cancels a shift that has been formed or does not appear, the client owes nothing; the amount collected is refunded in full, including the service fee. If the professional cancels a shift that is already under way, the days already worked or begun are invoiced; only the days not worked are refunded. Anyone who does not work or cancels shift days because of late payment under § 5 (para. 7a) does not cancel within the meaning of this paragraph. Further statutory claims of the client against the professional remain unaffected. Cancellations count neither towards the public level nor towards the commission. A no-show after acceptance only counts once it has been established; it is then taken into account in the public level (How we sort), not in the commission. After three established no-shows within twelve months, Sunworker reviews whether the account is restricted under § 12; a person decides this, not the system; the decision is communicated with reasons in the account and by email. A restricted account is not visible to others and can no longer accept shifts, apply or be awarded a shift; invoicing, documents and payouts continue. The professional may apply, giving reasons, to be reinstated; Sunworker decides within 14 days.

(6) If the shift becomes impossible due to force majeure or an official order, or if the professional is demonstrably unfit for work due to illness, the cancellation compensation does not apply; the amount collected is refunded in full.

(7) The right of both parties to terminate the Shift Contract for good cause remains unaffected.

(1) Only those who carried out the shift together may leave a review: the client reviews the professional and the professional reviews the client. Every review belongs to a completed shift; there are no reviews without a shift. Reviews are left within 14 days of completion. Reviews remain hidden until both parties have left a review or the period has expired, so that neither party can react to the other.

(2) Reviews must be based on the reviewer’s own experience of the shift and be objective. The reviewed party may reply publicly once. The reviewer may withdraw their review up to 30 days after publication. There is nothing in return for a review, and no one may offer or demand a review in exchange for a benefit.

(3) Sunworker removes or hides reviews only for the following reasons: insults or discrimination, personal data of third parties, blackmail or review swaps, no connection to the shift, conflict of interest, retaliation, reviews that are paid or induced by benefits, or otherwise unlawful content – not because of dissatisfaction with the rating.

(4) How Sunworker ensures that reviews are genuine and how reports are examined (information under § 5b (para. 3) of the German Act against Unfair Competition (UWG)) is set out under How we check reviews.

In accordance with Art. 5 of Regulation (EU) 2019/1150 (P2B Regulation) and Art. 246d of the Introductory Act to the German Civil Code (EGBGB), Sunworker discloses the main parameters by which profiles are ranked in search. In the default order “Best match”, they apply strictly one after another – each subsequent criterion only decides where the preceding ones are equal:

1. Availability

professionals who have confirmed the selected day as available come before those without an entry (only when a day is selected)

2. Distance to the place of work

nearest first, within the service radius set by the professional

3. Rating

average rating, then number of reviews (counted up to a maximum of 30)

4. Completed shifts

more first

The weighting follows what a client needs first: someone who is available on the desired day, then someone within reachable distance, and only among several suitable candidates the more proven professional. The ranking cannot be bought: there is no paid promotion, and neither commission nor level nor payments to Sunworker change the “Best match” order. Anyone who chooses a different sort order themselves, such as “Highest rated” or “Lowest price first”, overrides this order.

All details, including who appears in search at all, are set out under How we sort.

(1) Clients and professionals may coordinate via the platform’s messaging function; a conversation is started by the client. Messages serve the initiation and performance of shifts. Insulting, harassing, discriminatory or unlawful content is not permitted.

(2) Telephone numbers, email addresses, postal addresses and other contact details are not exchanged in messages. Sunworker detects such information automatically and hides it before delivery. Whatever is necessary to carry out a shift, in particular the address of the place of work, is provided by Sunworker once the shift has been formed. This rule protects against fraud and harassment, keeps arrangements traceable in the event of a dispute and ensures that payment, escrow, invoicing and reviews are handled via the platform.

(3) Protection against circumvention. Sunworker is financed by commission and service fees from shifts formed via the platform. Venues and professionals therefore undertake not to agree shifts, bypassing the platform, with a counterparty they have met through Sunworker until 12 months after their last contact via the platform. This does not cover business relationships that demonstrably existed before the first contact via Sunworker – even if the venue later invited the professional to the platform itself –, the establishment of an employment relationship, or bookings by private persons.

(4) If a venue or a professional culpably agrees a shift in breach of para. 3, each party involved owes Sunworker, as damages, the amount Sunworker would have received had the shift been handled via the platform: the professional the commission under § 5 (para. 4), the venue the service fee under § 5 (para. 5), in each case calculated on the basis of the fee agreed for that shift. Both remain entitled to prove that Sunworker has suffered no loss or a loss substantially lower than that amount. Upon request, they provide information on the date and fee of such shifts. No contractual penalty is charged.

(5) Professionals remain free to offer their services through other channels and on other terms, including via other platforms. Para. 3 covers only shifts with counterparties they have met through Sunworker (Art. 10 P2B Regulation).

(1) Users are responsible for the content they post – profiles, photos, work samples, postings, messages, reviews and replies. Content that violates applicable law, the rights of third parties or these terms is not permitted, in particular insulting, discriminatory, misleading or sexualised content, contact details outside the fields provided for them, forged credentials and offers unrelated to hospitality.

(2) Users retain the rights to their content. They grant Sunworker a non-exclusive, royalty-free right, limited to the duration of publication, to display this content on the platform and in the apps, to adapt it technically for display and to translate it automatically. Public profiles may be indexed by search engines. There are no further distribution channels or partner programmes through which Sunworker markets the services of professionals.

(3) Reports. Anyone who discovers content that is unlawful or violates these terms may report it via “Report” on the content or – also without an account – via the form at sunworker.eu/melden or by email to kontakt@sunworker.eu. The report should identify the content precisely, for example by means of a link, explain why it is not permitted, contain the name and email address of the person submitting the report and confirm that the information is accurate and complete to the best of their knowledge (Art. 16 of Regulation (EU) 2022/2065). Sunworker confirms receipt by email, examines the report in a timely, diligent and objective manner and informs the person submitting the report of the outcome.

(4) Moderation. Sunworker uses automated procedures, including AI-assisted ones, to detect contact details and potentially impermissible content. Contact details are hidden automatically. Messages are only flagged automatically and are still delivered. Reviews and replies that the procedure flags or cannot check are not published until they have been reviewed by a human. Decisions to hide content or to restrict or block an account are always taken by a human.

(5) Statement of reasons. If Sunworker restricts content or an account, the person concerned receives a statement of reasons no later than when the restriction takes effect: the measure, the underlying facts and circumstances, whether automated means were used, the provision of these terms or the legal provision on which the decision is based, and the available means of redress (Art. 17 of Regulation (EU) 2022/2065, Art. 4 P2B Regulation). A complaint under § 14 may be lodged against the decision. The statement of reasons appears in the account under “Notifications” and bears a reference number, which must be stated in a complaint under § 14.

(6) Data. The personal data processed by Sunworker are described in the privacy policy. Sunworker has access to the data that users provide or that arise from use, and uses them to operate the platform, process payments, prepare documents, prevent misuse and improve the platform. In their account, users see their own details, shifts, messages, documents and reviews; data of other users only to the extent required by a shift, such as name, place of work and billing details. Sunworker does not provide aggregated data about all users. Sunworker discloses data to third parties only to the extent required for the operation of the platform, for example to Stripe for payments, or where there is a legal obligation (Art. 9 P2B Regulation).

(7) After termination of the User Agreement, the profile and content are deleted or anonymised. Documents are retained for as long as required by law, generally ten years; reviews are governed by the privacy policy. Users may request a copy of their own data at any time (Art. 15 and 20 GDPR).

(8) Sunworker does not offer any hospitality services of its own via the platform and treats all professionals according to the same rules (Art. 7 P2B Regulation). Ancillary services of third parties, such as insurance or financial products, are not offered via the platform.

(1) Sunworker is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent that Sunworker has given a guarantee.

(2) In the case of simple negligence, Sunworker is liable only for breach of material contractual obligations – obligations whose fulfilment is essential to the proper performance of the User Agreement and on whose observance users may regularly rely –, and in that case limited to the foreseeable damage typical for the contract. Otherwise, liability for simple negligence is excluded.

(3) These limitations also apply in favour of Sunworker’s legal representatives and vicarious agents.

(4) Because Sunworker is not a party to the Shift Contract (§ 2 (para. 2)), Sunworker owes neither the performance of the shift nor the payment of the fee by the client. The check under § 3 (para. 3 and 4) is no guarantee of suitability, reliability or the authenticity of information; Sunworker is liable for its own breaches of duty in the course of this check in accordance with para. 1 and 2.

(5) Sunworker endeavours to ensure that the platform is available with as few interruptions as possible. Maintenance, security measures and disruptions beyond Sunworker’s control may temporarily restrict availability.

(1) The User Agreement runs for an indefinite period. Users may terminate it at any time without notice by deleting their account in the settings or by notifying Sunworker in text form. Shifts that have already been formed are handled in accordance with these terms, including payment and payout.

(2) Sunworker may terminate the User Agreement with 30 days’ notice; towards venues and professionals with a statement of reasons on a durable medium (Art. 4 (para. 2) P2B Regulation). The right of both parties to terminate for good cause remains unaffected.

(3) Sunworker may restrict an account in whole or in part, block it temporarily or terminate the User Agreement if a user provides false information or acts under another person’s identity, forges a credential or required credentials are no longer valid, has repeatedly failed to appear as established under the procedure in § 6 (para. 5), violates § 2 (para. 5) (disguised temporary agency work) or § 9 (para. 3) (circumvention), posts impermissible content or harasses other users, fails to settle an additional charge for more than 7 days (§ 5 (para. 8)), misuses the platform or endangers its security, or if a legal or official obligation so requires.

(4) Sunworker chooses the mildest measure that is sufficient and takes into account the severity, frequency and culpability of the violation as well as the interests of the user – for example hiding a profile or restricting individual functions before blocking. The statement of reasons is governed by § 10 (para. 5). Sunworker notifies venues and professionals of a complete termination at least 30 days in advance, unless a legal obligation, a compelling reason or repeated violations justify immediate termination (Art. 4 (para. 4) P2B Regulation).

(5) In the event of a serious violation of § 2 (para. 5), Sunworker may block the accounts involved without prior warning. If a measure is lifted, Sunworker restores the account without delay, including access to the data generated up to that point.

(1) Scope. This section applies to private persons who book a professional via Sunworker for a private occasion – for example a party at home, a wedding or a dinner with friends. Upon registration, they confirm that they are not booking for a business or an association. Anyone booking for a business or an association registers as a venue.

(2) Contracting party. The Shift Contract is concluded between the private person and the professional. The professional has declared that they are self-employed and therefore a trader within the meaning of § 14 BGB; the Shift Contract is therefore subject to the provisions on consumer protection. The professional’s name and address are displayed before booking and are included in the booking confirmation.

(3) Role of Sunworker. Sunworker arranges the contact, provides the platform, processes the payment in escrow and prepares the invoice in the name of the professional, unless the professional uploads their own. Sunworker does not owe the shift; claims arising from the shift exist only against the professional (Art. 246d § 1 no. 6 EGBGB). Private persons pay Sunworker no charge. The criteria by which search results are sorted are set out under How we sort.

(4) Prices. Private persons see only final prices including VAT and all components incurred for the shift, such as surcharges and travel. If the professional is a small business owner, the note “keine Umsatzsteuer nach § 19 UStG” (no VAT pursuant to § 19 UStG) appears instead of the VAT. Where billing is by the hour, the price is calculated from the hourly rate and the time actually worked, to the minute; the expected total price for the booked time is displayed.

(5) Formation. The private person’s request is non-binding. If the professional accepts, they submit a binding offer. The private person accepts it by clicking the button “zahlungspflichtig buchen” (book with obligation to pay) on the overview page; in the case of a posting, the award via the same button constitutes the acceptance. The Shift Contract becomes effective upon successful collection (§ 4 (para. 2 and 3)). The private person receives the booking confirmation with all contractual details and these terms by email.

(6) Payment. Upon booking, the full amount is collected immediately via Stripe; in the case of payment in segments (§ 5 (para. 7 and 7a)), the amount of the first segment, and each further segment on its date. It is held in escrow in an account of the platform and is paid out to the professional only after the shift or, in the case of payment in segments, after the respective segment. Where billing is by the hour, the private person confirms the actual time after the shift or disputes it within 48 hours; if the private person does not respond, the time is deemed confirmed. Sunworker draws separate attention to this period and its consequence when the time is submitted. Any additional amount is then charged, and any shortfall refunded. In the case of a fixed price, the actual duration does not change the price.

(7) Cancellation. If the private person cancels a booked shift, the scale in § 6 (para. 2) applies; the remaining amount is refunded. The private person remains entitled to prove that the professional has suffered no loss or a loss substantially lower than the lump sum (§ 6 (para. 3)). If the professional cancels or does not appear, the full amount is refunded.

(8) Right of withdrawal. There is no right of withdrawal for Shift Contracts concerning food and beverages or other services in connection with leisure activities for a specific date (§ 312g (para. 2) no. 9 BGB). When a right of withdrawal exists and how it is exercised is set out in the withdrawal notice. Irrespective of this, the private person may terminate the free User Agreement with Sunworker at any time (§ 12 (para. 1)).

(9) Reviews. Reviews are governed by § 7. Private persons have no public profile; reviews about them are not displayed publicly.

(10) Defects and liability. For defects in the shift, the statutory rights against the professional apply. Sunworker’s liability is governed by § 11.

(11) Applicable law and place of jurisdiction. German law applies. If the private person has their habitual residence in another state, they retain the protection of the mandatory consumer protection provisions of that state (Art. 6 (para. 2) of Regulation (EC) No 593/2008). The private person may bring an action at their place of residence or at Sunworker’s registered office; actions against the private person may be brought only at their place of residence (Art. 18 of Regulation (EU) No 1215/2012). There is no jurisdiction agreement with private persons.

(12) Consumer dispute resolution. Sunworker is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body (§ 36 of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz)). The EU online dispute resolution platform was discontinued on 20 July 2025.

(1) Users may submit complaints about Sunworker – about decisions on content and accounts, technical problems or compliance with these terms and the P2B Regulation – free of charge by email to kontakt@sunworker.eu or via the contact form. A complaint against decisions under § 10 (para. 5) and § 12 may be lodged within six months of their notification (Art. 20 of Regulation (EU) 2022/2065).

(2) Sunworker has every complaint examined by a human, diligently, promptly and according to the same standards, and communicates the outcome individually and in comprehensible terms. If a decision proves to be unfounded, Sunworker reverses it without delay.

(3) Sunworker is a small enterprise within the meaning of Recommendation 2003/361/EC and is therefore not obliged to designate mediators under Art. 12 of the P2B Regulation (Art. 12 (para. 7)). Sunworker is nevertheless willing to settle disputes with venues and professionals that cannot be resolved in the complaints procedure through mediation before an independent mediator agreed upon by both parties. The right to bring proceedings before the courts remains unaffected.

(4) In the event of a dispute between a client and a professional about a shift, Sunworker mediates upon request by way of the dispute procedure (§ 5 (para. 3 and 10)). In doing so, Sunworker is not an arbitration body; the rights of both parties remain unaffected.

(1) Sunworker may amend these terms with effect for the future if there is an objective reason for doing so, such as a change in legislation or case law, new functions of the platform, changed payment processing procedures or the closing of a regulatory gap. There are no retroactive amendments.

(2) Sunworker notifies changes by email at least 30 days before they take effect, together with the new version and an overview of the changes; if the changes require technical or commercial adjustments, a longer, reasonable period applies (Art. 3 (para. 2) P2B Regulation). The period may be shorter only if a legal or official obligation so requires or if an imminent danger, such as fraud or a security risk, must be averted (Art. 3 (para. 4) P2B Regulation).

(3) The new version applies to a user only once they accept it on the platform. Until then, they cannot request, accept, confirm or post new shifts; shifts already formed are handled under the previous version. Anyone who does not wish to accept may terminate the User Agreement at any time; in this case, Sunworker may terminate it in accordance with § 12 (para. 2).

(4) Every version bears a number and a date; the version in force is shown at the top of this page. Sunworker provides earlier versions upon request.

(1) The User Agreement and the Shift Contract are governed by the law of the Federal Republic of Germany. For private persons, § 13 (para. 11) applies.

(2) For disputes with venues and professionals arising from or in connection with the User Agreement, the courts at Sunworker’s registered office in Paphos (Cyprus) have exclusive jurisdiction (Art. 25 of Regulation (EU) No 1215/2012). Sunworker may also sue venues and professionals at their general place of jurisdiction.

(3) Declarations within the scope of the User Agreement may be made in text form, in particular by email or via the platform.

(4) If any provision of these terms is invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provisions (§ 306 BGB).

(5) The privacy policy is available at /datenschutz, and the withdrawal notice for private persons at /widerruf.