for Top10 Berlin & the Top10 Club
Version: 01/2026
1. Scope of Application and Provider
1.1 These General Terms and Conditions (“GTC”) apply to the use of the services offered by Top10 Berlin.
The provider is:
Top10 Internet GmbH
Wilhelm-Stolze-Straße 32
10249 Berlin
Germany
Email: [email protected]
Registered with the Commercial Register of the Local Court of Charlottenburg under HRB 257746 B
VAT ID: DE364501545
Represented by the management:
Ellen Mehrhoff-Roddewig and Henrik Piroth
– hereinafter referred to as “Top10 Berlin” or “we” –
1.2 These GTC apply to
(a) users of the website www.top10berlin.de,
(b) members of the Top10 Club, and
(c) companies, self-employed persons or other commercial cooperation partners,
– hereinafter individually referred to as “User”, “Member” or “Partner”.
1.3 Conflicting or supplementary general terms and conditions shall not apply unless Top10 Berlin has expressly agreed to their validity in text form.
2. Services Offered by Top10 Berlin
2.1 Top10 Berlin operates a digital information, inspiration and recommendation platform for leisure, culture, gastronomy and other urban offerings in Berlin.
2.2 The services offered include in particular
– editorial content and rankings,
– curated recommendations,
– clearly marked advertising content (e.g. advertisements, placements, advertorials, cooperations),
– the paid Top10 Club,
– competitions and promotional campaigns, and
– advertising and cooperation services for partners.
2.3 Editorial content serves exclusively for information and inspiration. The selection, weighting and presentation of editorial content, rankings and recommendations are carried out independently and according to internal criteria of Top10 Berlin.
There is no entitlement to inclusion, placement or a specific ranking position.
2.4 Information about locations (e.g. opening hours, prices, offers or availability) is based on publicly available information or information provided by the respective providers. Top10 Berlin does not guarantee the accuracy, completeness or timeliness of this information and does not adopt such content as its own.
3. Target Groups and Eligibility for Use
3.1 The use of editorial content is generally open to all users.
3.2 The Top10 Club is intended exclusively for consumers within the meaning of Section 13 of the German Civil Code (BGB).
3.3 Cooperation and advertising partners act on the basis of separate contractual agreements. These GTC apply to them only insofar as expressly agreed.
3.4 Use of the Top10 Club is permitted exclusively to persons of legal age with full legal capacity.
4. The Top10 Club – Basic Principle
4.1 The Top10 Club is a paid membership that enables members to access changing benefits, discounts or special conditions offered by selected partners.
4.2 Club membership does not establish any entitlement to
– specific partners or locations,
– specific categories or offers,
– a minimum number of benefits, or
– permanent availability of individual services.
4.3 The subject matter of the Club membership is exclusively access to the respective benefits offered. No specific economic or personal success or benefit is owed.
5. Registration and User Account
5.1 Use of the Top10 Club requires the creation of a personal user account (“Member Account”) via the Top10 Berlin mobile app.
5.2 Registration requires that the user
(i) installs the app,
(ii) registers using a valid email address,
(iii) provides the data required for billing completely and truthfully,
(iv) agrees to these GTC and the privacy policy, and
(v) completes the registration process.
5.3 Each person may maintain only one Member Account. Transfer or shared use of an account is not permitted.
6. Conclusion of Contract and Paid Membership
6.1 Certain services of the Top10 Club are subject to a fee (“Paid Services”).
6.2 The contract for Club membership is concluded via the app when the member
– selects a tariff,
– enters the required payment data, and
– completes the booking process by clicking the appropriately labeled button (“Subscribe with obligation to pay”).
6.3 The contract language is German. The contract text is stored and can be accessed via the app or the website.
7. Term, Renewal and Termination
7.1 Club membership is concluded for an indefinite period and is automatically renewed for the respective booked billing period unless it is terminated in due time.
7.2 Ordinary termination is possible at any time up to one day before the next billing date and becomes effective at the end of the current billing period.
7.3 Termination may be declared in particular
– via the cancellation function in the app, or
– by email to [email protected].
7.4 The right to extraordinary termination for good cause remains unaffected.
8. Partner Offers and Benefit Programs
8.1 Benefits, discounts or special conditions are provided by independent partners.
8.2 Contracts for services or goods are concluded exclusively between the member and the respective partner.
8.3 Top10 Berlin does not become a contracting party to the mediated services and is neither organizer, seller nor service provider.
9. Use of Club Benefits
9.1 The specific conditions, participation requirements and availability of individual benefits result from the respective information in the app or on the website.
9.2 Benefits are generally limited in quantity, not combinable and – unless expressly stated otherwise – intended for on-site use only.
9.3 There is no entitlement to redemption if a partner does not provide or no longer provides an offer.
10. Changes to the Offering
10.1 Top10 Berlin is entitled to adapt or change partners, content, benefits, categories, rankings and formats of the offering, provided that essential contractual obligations are not permanently impaired.
10.2 Changes do not establish any entitlement to the continuation of specific content, partners or benefits.
11. Obligations of Users and Members
11.1 Users and members must use the services of Top10 Berlin in accordance with these GTC and applicable laws.
11.2 Access data must be treated confidentially and must not be passed on to third parties.
11.3 Users and members are obliged to keep their stored data up to date.
11.4 Commercial use of editorial content, rankings or recommendations as well as any form of advertising, self-promotion or commercial communication by users or members is prohibited without the prior express consent of Top10 Berlin.
12. Ratings, Comments and Community Content
12.1 Ratings and comments reflect subjective opinions and are not reviewed in advance.
12.2 In particular, defamatory criticism, false statements of fact, identity misuse, advertising content as well as unlawful or manipulative contributions are prohibited.
12.3 Top10 Berlin is entitled to moderate, block or remove content and fulfills its statutory obligations regarding content moderation, in particular under the Digital Services Act (DSA).
13. Advertising Content and Cooperations
13.1 Advertising content is identified as such.
13.2 Information provided by partners is based on their own statements; Top10 Berlin assumes no liability for such information.
14. Competitions and Special Promotions
14.1 Competitions and promotions are subject to separate terms and conditions, which will be announced in the respective context.
15. Payment Processing and Billing
15.1 Billing is processed via the payment service provider Stripe using the payment methods offered in the app (e.g. credit or debit card).
15.2 In the event of failed payments, Top10 Berlin may claim incurred additional costs or a flat fee of EUR 5.00, unless a lower amount of damage is proven.
16. Intellectual Property Rights
16.1 All content of the website and app is subject to intellectual property rights of Top10 Berlin or third parties.
16.2 Usage rights exist exclusively within the scope of contractual use. Any further exploitation is prohibited.
16.3 Text and data mining (Section 44b German Copyright Act), scraping or comparable automated evaluations are prohibited to the extent permitted by law.
17. Liability and Responsibilities
17.1 Top10 Berlin is not liable for services, content or availability of partners nor for external content or linked third-party websites.
17.2 Top10 Berlin is liable for its own fault only in cases of intent and gross negligence.
In cases of simple negligence, liability exists exclusively in the event of a breach of essential contractual obligations and is limited to the foreseeable damage typically occurring.
17.3 Mandatory statutory liability, in particular for injury to life, body or health, remains unaffected.
18. Availability, Maintenance and Technical Restrictions
18.1 Permanent or uninterrupted availability of the services is not guaranteed.
18.2 Maintenance work, updates or technical adjustments may result in temporary restrictions.
19. Final Provisions
19.1 Amendments to these GTC will be announced in text form at least six weeks prior to their planned entry into force. Members are entitled to object.
19.2 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
19.3 Should individual provisions of these GTC be wholly or partially invalid or unenforceable or become so, the validity of the remaining provisions shall remain unaffected.
In place of the invalid or unenforceable provision, a valid provision shall be deemed agreed that comes closest to the economic purpose of the invalid provision. The same applies to any regulatory gaps.
20. Right of Withdrawal for Club Memberships
Right of Withdrawal
Consumers have a statutory right of withdrawal when concluding a contract for a paid membership in the Top10 Club.
You have the right to withdraw from the contract within fourteen (14) days without giving any reason.
The withdrawal period shall be fourteen (14) days from the day of conclusion of the contract.
Exercise of the Right of Withdrawal
To exercise your right of withdrawal, you must inform us:
Top10 Internet GmbH
Wilhelm-Stolze-Straße 32
10249 Berlin
Germany
Email: [email protected]
by means of a clear declaration (e.g. by email or post) of your decision to withdraw from this contract.
You may use the model withdrawal form below, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from the contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen (14) days from the day on which we receive notification of your withdrawal.
We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise.
In no case will you be charged any fees for this reimbursement.
Commencement of Services During the Withdrawal Period
If you have requested that the services of the Top10 Club begin during the withdrawal period, you shall pay us an appropriate amount.
This amount corresponds to the proportion of services already provided up to the time at which you notify us of the exercise of the right of withdrawal in relation to the total scope of services provided for in the contract.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To:
Top10 Internet GmbH
Wilhelm-Stolze-Straße 32
10249 Berlin
Email: [email protected]
I/we hereby withdraw from the contract concluded by me/us for the provision of the following service:
Top10 Club – paid membership
Ordered on () / concluded on ()
Name of consumer(s)
Address of consumer(s)
Signature (only if notification is on paper)
Date
(*) Delete as applicable.
End of the Withdrawal Policy
Version: 01/2026
21. Supplementary Terms for Gift Boxes with Top10 Club Annual Membership
21.1 Subject Matter of the Contract
Top10 Berlin offers physical gift boxes for purchase that include an annual membership in the Top10 Club (“Gift Box”).
The purchase of the Gift Box constitutes a purchase contract for goods.
The Top10 Club annual membership included in the Gift Box is a separate digital service that becomes effective only upon activation.
21.2 Conclusion of Contract
The presentation of the Gift Boxes does not constitute a legally binding offer.
A purchase contract is concluded when the customer completes the ordering process and Top10 Berlin accepts the order by sending an order confirmation email.
21.3 Delivery and Shipping
Delivery is made to the delivery address specified by the customer.
Shipping is currently available to Germany, Austria and Switzerland (DACH region).
Delivery times and any applicable shipping costs are transparently displayed during the ordering process.
21.4 Transfer of Risk
For consumers, the risk of accidental loss or accidental deterioration of the Gift Box passes to the customer only upon delivery (§ 475 (2) German Civil Code).
21.5 Retention of Title
The Gift Box remains the property of Top10 Berlin until full payment has been made.
21.6 Activation of the Annual Membership
The annual membership included in the Gift Box is not activated automatically.
Activation is carried out by the purchaser or the recipient using an activation code or QR code included in the Gift Box via the Top10 Berlin mobile app.
The term of the Club membership begins only upon activation.
21.7 Withdrawal and Reversal
The statutory right of withdrawal for goods applies to the purchase of the Gift Box.
The right of withdrawal exists only as long as the included Club membership has not yet been activated and the consumer has not expressly agreed to the early performance of the digital service.
If the consumer has expressly requested that the Club membership begin before expiry of the withdrawal period and has confirmed that they thereby lose their right of withdrawal, the right of withdrawal expires upon commencement of performance of the digital service (§ 356 (5) German Civil Code).
21.8 Return Shipping Costs
In the event of a valid withdrawal, Top10 Berlin shall bear the costs of returning the Gift Box.
21.9 Vouchers and Partner Services
Insofar as the Gift Box contains vouchers, benefit codes or services of partners, their redemption is subject to the respective terms and conditions of the partners.
Top10 Berlin is not liable for the redemption or availability of such services.
Withdrawal Policy for Gift Boxes (Purchase of Goods)
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the Gift Box.
Exercise of the Right of Withdrawal
To exercise your right of withdrawal, you must inform us:
Top10 Internet GmbH
Wilhelm-Stolze-Straße 32
10249 Berlin
Germany
Email: [email protected]
by means of a clear declaration (e.g. by email or post) of your decision to withdraw from this contract.
You may use the model withdrawal form below, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen (14) days from the day on which we receive notification of your withdrawal from this contract.
We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
We may refuse reimbursement until we have received the Gift Box back or until you have provided proof that you have returned the Gift Box, whichever occurs earlier.
We shall bear the costs of returning the Gift Box.
You are only required to compensate for any loss in value of the Gift Box if such loss in value is due to handling of the goods beyond what is necessary to check their nature, characteristics and functioning.
Notice Regarding the Included Top10 Club Annual Membership (Digital Service)
The Gift Box contains a Top10 Club annual membership that begins only upon activation (e.g. via code/QR code in the app).
If you have expressly requested that the Club membership (digital service) begin before expiry of the withdrawal period and have confirmed that you thereby lose your right of withdrawal, the right of withdrawal expires upon commencement of performance of the digital service (§ 356 (5) German Civil Code).
Model Withdrawal Form
To:
Top10 Internet GmbH
Wilhelm-Stolze-Straße 32
10249 Berlin
Email: [email protected]
I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods:
Gift Box “Top10 Club”
Ordered on () / received on ()
Name of consumer(s)
Address of consumer(s)
Signature (only if notification is on paper)
Date
(*) Delete as applicable.
End of the Withdrawal Policy
Version: 01/2026