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If something bad happens at an activity, who is responsible?

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If something bad happens at an activity, who is responsible?

Updated 2 weeks ago

Whether you're attending or hosting an activity, it's important to understand who is responsible if something happens during a Meet5 event. For example: a participant in a Meet5 activity is injured on a group bike ride.

In all cases when an emergency happens, such as fire, injury, stealing or violence, always contact local authorities first.

For more information, please read our General Terms and Conditions: https://www.meet5.de/agb 

  1. Regardless of the organizers, events, and general terms and conditions, participants' (other) civil law claims against each other remain valid, for example, if someone is harmed intentionally or through gross negligence by a participant. Each participant is personally responsible for their own actions or omissions within the legal limits.

  2. Regarding XL activities: More than 100 people at an event does not automatically mean that it is a public event, even if this suggests that the event is of a public nature.

Here are some legal words from our lawyer:

Meet5 only offers the technical and organizational means of arranging activities. This particularly applies to activities created by Meet5 itself on the platform; these are merely suggestions and are not necessarily accompanied or led by Meet5 employees. The conduct of the activities is the sole responsibility of the respective participants. In particular, Meet5 has no influence on the individuals who actually participate in the activity, nor on their condition (e.g., health impairments) or their abilities (e.g., hiking experience, local knowledge).

Activities organized by users and/or by Meet5 itself via the platform are generally private - i.e., non-public events, as the circle of participants is predetermined. This applies in particular to so-called XL activities. Only if the group of participants can no longer be defined and/or the participants do not feel a sense of connection with one another can it be assumed that the event is public. The number of participants is merely an indicator; there are no fixed figures, and case law differs from case to case depending on the specific circumstances. While there are no absolute thresholds, an event with significantly more than 100 people may suggest a public character - however, the specifics of the individual case and the clarity of the participant group remain decisive.

If an activity is actually classified as public in an individual case, certain things may need to be taken into account, such as registering the activity with the local regulatory authority or obtaining permits (e.g., GEMA for publicly performed music). Meet5 cannot guarantee or estimate these requirements in advance, as they may vary from municipality to municipality and depend on the actual circumstances of the activity. The respective users who primarily organize and initiate such activities via Meet5 may be responsible for informing themselves in advance and ensuring proper registration. The same applies to matters such as the need for stewards, security guards, paramedics, or firefighters. These requirements depend on the specifics of the event and cannot be answered in general terms.

Different rules apply to responsibility and liability. Under assembly law, the organizer is generally the person who "publicly invites" people to an event. We believe this is not directly relevant to creating activities via Meet5. Generally, the organizer is anyone who holds (financial) decision-making authority and responsibility and/or explicitly identifies themselves as such - e.g., by promoting themselves as the organizer. Therefore, anyone who presents themselves as the organizer to third parties, such as other participants, may be considered the event’s organizer.

We therefore recommend that, especially when organizing XL activities, the individuals who create and/or coordinate the activity via Meet5 clearly state that they are initiators, not organizers, of the actual activity. Particularly with regard to possible claims by other participants - who themselves are subject to Meet5’s terms of use and notices - it should be clear that liability claims based solely on the alleged organizer status of individual Meet5 users are not valid.

Of course, any (other) civil law claims between participants remain completely unaffected—for example, if someone is harmed intentionally or through gross negligence by another participant. Each participant is personally responsible for their own actions or omissions within legal limits. Due to legal requirements, especially through the terms of use, such claims can hardly or not at all be excluded.

However, we would like to point out again that neither Meet5 nor the captains or other organizers of the activities are considered event organizers. Participation in activities organized through Meet5 is voluntary and at your own risk. Neither Meet5 nor its captains or other members are under any duty of care or responsibility for traffic safety simply because they initiate the event through Meet5.

In particular, all participants are responsible for obtaining sufficient information about the activity and its requirements (e.g., hiking routes, weather conditions, locations) beforehand and assessing their own ability to participate. If you have any doubts about your personal suitability or other circumstances, we advise against participating in the activity.

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