Instructions on withdrawal

Only consumers have a right of withdrawal. Under Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. On Sunworker, these are private persons who book a professional for a private occasion.

Venues and professionals have no right of withdrawal. Anyone who registers as a venue or as a self-employed professional acts in the course of their trade, business or profession and is a trader within the meaning of Section 14 BGB. The statutory right of withdrawal (Section 312g BGB) applies only to contracts between a trader and a consumer.

As a private person, you conclude two kinds of contract on Sunworker: the user agreement with Sunworkers Ltd. for the platform and, for each booked shift, a service contract with the professional who performs it. For each of them, you will find below whether and how you can withdraw.

When you register as a private person, you conclude a free-of-charge agreement with Sunworkers Ltd. for the use of the platform. The following instructions on withdrawal apply to this agreement.

Irrespective of withdrawal, you can terminate the user agreement at any time without notice by deleting your account (Section 12(1) of the Terms). Withdrawing from or terminating the user agreement does not affect service contracts for shifts that have already been concluded.

You do not conclude the contract for a shift with Sunworkers Ltd., but with the professional who performs it. According to their own declaration, the professional is self-employed and therefore a trader within the meaning of Section 14 BGB; their name and address are stated in your booking confirmation (Section 13(2) of the Terms). Sunworkers Ltd. arranges the contract, processes the payment and provides the following information on behalf of the professional.

There is no right of withdrawal for contracts for the provision of … catering or services related to leisure activities if the contract provides for a specific date or period of performance (Section 312g(2) No. 9 BGB; Article 16(l) of Directive 2011/83/EU).

Every shift on Sunworker is booked for a specific day and time. If the professional cooks for your party, prepares food or serves drinks, they provide a catering service. If they take care of service, the bar or dishwashing at your party, they provide a service related to a leisure activity. There is therefore no right of withdrawal for these service contracts.

The reason: the professional keeps the date free for you and usually cannot give it to anyone else after a cancellation. The fact that the contract is arranged via a platform does not change this (Court of Justice of the European Union, judgment of 31 March 2022, C-96/21).

You can still cancel a booked shift – not by withdrawal, but under Section 13(7) of the Terms with the scale in Section 6(2) of the Terms. If the professional cancels, you receive the full amount paid back.

If a service contract exceptionally does not provide for a specific date or period, or does not fall under Section 312g(2) No. 9 BGB for another reason, you have a right of withdrawal towards the professional. The following instructions on withdrawal apply to it; Sunworkers Ltd. provides them on behalf of the professional. In these instructions, “we” and “us” refer to the professional.

If there is a right of withdrawal for a service contract, it expires once the shift has been fully performed if, before performance began, you expressly agreed that the professional may begin the shift before the withdrawal period expires and acknowledged that your right of withdrawal lapses once the contract has been fully performed (Section 356(5) No. 2 BGB).

If you withdraw after expressly requesting that the shift begin before the withdrawal period expires, you owe a reasonable amount for the part performed up to the withdrawal (compensation for value). It is calculated on the basis of the agreed total price (Section 357a(2) BGB). If you made no such request, you owe no compensation.

You pay nothing for the user agreement with Sunworkers Ltd.; no compensation arises for it.

If you wish to withdraw from a contract, you can use this form. It is addressed to Sunworkers Ltd.; this also applies to a service contract for a shift – Sunworkers Ltd. then forwards your statement to the professional. Alternatively, you can enter the professional named in your booking confirmation as the recipient. When printed, the form starts on a separate page.