Last updated: 12.08.2026
This version has applied since 25.08.2026. Contracts concluded before that date remain governed by the previous terms. This is a translation of the German original; in case of discrepancies, the German version prevails.
1. Preamble and scope
1.1 LOLA market FlexCo, Lindengasse 56/18-19, 1070 Vienna, registered in the Companies Register of the Commercial Court of Vienna under FN 655577i ("LOLA", "we", "us"), operates the LOLA app ("App"). The App is an online marketplace with community functions ("Community Marketplace"), which we make available through app stores.
1.2 Through the App, registered users may offer items for sale, as a gift or for rent (free of charge or for a fee) as private individuals, as businesses or as associations, and may request items by means of a search listing.
1.3 These Terms and Conditions ("T&C") apply to all users of the App in the version in force at the time of use. The user accepts these T&C by ticking the corresponding checkbox during the registration process or, where registration takes place via a single sign-on service, by way of the confirmation provided for in that process (sec 2.5). Sec 9 applies to subsequent amendments.
1.4 Registration and the basic functions of the App are free of charge for the user. Only those services are subject to a fee which are expressly designated as chargeable in these Terms and Conditions or in the App — in particular the service fee for rentals for a fee (sec 3.25). Before a chargeable service is used for the first time, the costs incurred are displayed to the user; use requires separate confirmation by the user.
1.5 Deviating, conflicting, restricting or supplementary business or usage terms of the user apply only where LOLA has expressly submitted to them in writing.
1.6 A consumer within the meaning of these T&C is any user for whom the use of the App does not form part of the operation of their business. An entrepreneur (also referred to in these T&C as a "commercial user") is any user for whom the use forms part of the operation of their business. Associations are deemed entrepreneurs to the extent that they act commercially.
2. Registration and user account
2.1 Unrestricted use of the App is possible only after prior registration. Registration requires a minimum age of 18 years and the unrestricted legal capacity of the user. The minimum age is verified solely on the basis of the date of birth provided by the user; no verification against an identity document takes place. The user warrants the accuracy of this information. Should it emerge that a user does not meet the requirements, LOLA is entitled to block or delete the user account; Clause 7.4 applies.
2.2 After entering their details, the user receives an email containing a link to confirm their registration. The account is activated upon confirmation by the user.
2.3 The user undertakes to provide accurate and complete information and to keep the account information up to date.
2.4 During onboarding, users may select categories as interests, which can subsequently be adjusted in their profile. On the home screen, these interests determine the order of the category carousel.
2.5 Users also have the option of signing in via a single sign-on service (SSO) such as Google, Apple or Facebook. In this case the SSO login replaces separate registration of a user account with LOLA, and corresponding information from the external service is transmitted to LOLA. Irrespective of the use of an SSO login, the user continues to confirm that they are of legal age and that they accept these T&C.
2.6 The user undertakes not to disclose their access credentials to third parties and to keep them protected against access by third parties. Irrespective of this, the user undertakes to inform LOLA without delay as soon as it becomes known that the access credentials are being used by third parties without authorisation. LOLA is not liable for damage incurred by the user as a result of a culpable disclosure of the access credentials by the user or their loss.
2.7 LOLA gives no warranty as to the correctness, currency or completeness of the information provided by users during registration or in the course of using the account. LOLA does not verify the identity, the professional suitability or any required (trade law) authorisations of the user. The user alone is responsible for meeting all legal requirements for carrying out their activity and for the proper fulfilment of tax obligations.
2.8 Where the user registers as a business or as an association, they must additionally provide and keep up to date the information designated for that purpose regarding their organisation. The user warrants that they are authorised to represent the organisation. Sec 3.11 applies in addition to commercial users.
3. Subject matter of the service: Community Marketplace
3.1 The App is an online marketplace with community functions ("Community Marketplace"). Users may offer items through the App in order to sell, give away or (for a fee or free of charge) rent them out to other users, or may request items by means of a search listing (both referred to uniformly as a "listing"). LOLA is not obliged to actively promote users' listings, but merely makes the platform available.
3.2 LOLA is not obliged to proactively review listings for content, accuracy, currency, misuse, typographical and transmission errors and the like. LOLA may, however, assign a listing to the correct category or filter. LOLA is not obliged to publish listings at any particular time.
3.3 By posting a listing, the user expressly accepts its publication in accordance with the availability setting selected by them (sec 3.19). The user ensures that they are entitled to provide the information and data contained in the listing. In particular, the user warrants that they hold the necessary rights and licences. LOLA is not responsible for the lawfulness of the content made available by the user.
3.4 When creating a listing, the user may use the AI-supported autofill function. Autofill starts as soon as the user has added photos to their listing. The user may cancel the process at any time and may amend all suggestions manually before and after publication.
3.5 In order to generate the suggestions, the photos uploaded by the user and the information they have provided are evaluated automatically. Autofill suggests in particular: category and transaction type, condition, title and description, as well as product characteristics such as brand, model or main colour. In addition, a price recommendation is generated on the basis of statistical correlations.
3.6 All suggestions are non-binding aids. They may be inaccurate, incomplete or outdated and constitute neither a valuation or appraisal of the item nor an examination of its authenticity, condition or marketability. The user is obliged to check all suggestions before publication; upon publication they adopt the information as their own and remain solely responsible for its accuracy in accordance with sec 3.3. LOLA is not liable for disadvantages arising for the user from adopting inaccurate suggestions, in particular not for a price set too low or too high.
3.7 Autofill does not make decisions about the user; no automated decision in an individual case within the meaning of art 22 GDPR takes place. A serial number entered by the user is stored exclusively for the creator of the listing and is not visible to other users. The services and processors used by LOLA for the evaluation are set out in the privacy policy.
3.8 The user may not offer the same item more than once at the same time and may not post multiple listings with identical or near-identical content. Where a commercial user offers several items of the same kind which are actually available in the corresponding quantity, a separate listing per item is permitted.
3.9 Users may search for items in the App and contact other users via the chat function in order to conclude contracts where appropriate. The users agree the scope, price, payment conditions and any additional provisions among themselves, unless these T&C provide otherwise; sec 3.23 et seq apply in addition to rentals processed through calendar booking. The contract is concluded exclusively between the users. LOLA is not a party to the contract concluded through the App.
3.10 For the avoidance of doubt, it is pointed out that listings do not in any event constitute a binding offer by LOLA. LOLA is not liable for the conclusion or enforceability of a transaction agreed between users through the App, nor for any particular success of a listing. LOLA does not itself provide payment services; payments in connection with rentals for a fee are processed through the payment service provider Stripe. In addition to payment by saved card, Klarna is available as a payment method and is connected via Stripe. Sec 3.25 sets out further details. LOLA is not a party to the contracts concluded between users.
3.11 Special provisions for commercial users: Users who contract as entrepreneurs with consumers — including associations to the extent that they act commercially (sec 1.6) — warrant that, before submitting their contractual declaration, they will comply with the applicable consumer protection provisions and information and disclosure duties (in particular under the Austrian Consumer Protection Act, the Distance and Off-Premises Transactions Act and the E-Commerce Act). LOLA is not responsible for the commercial user's compliance with these statutory duties and shall be indemnified and held harmless by the commercial user in the event of a breach.
3.12 The user must keep the information required for statutory reporting and documentation duties accurate and complete and must supply missing information upon request within a reasonable period. If the user fails to supply the information despite two requests and the setting of a deadline, LOLA is entitled to withhold payouts to them for as long as this is necessary in order to fulfil the statutory duty.
3.13 LOLA enables users to search by search term, to sort the search results according to various criteria and to filter the selection of search results by various criteria. The most important main parameters and their weighting are displayed in the App.
3.14 Users may activate a search agent with LOLA and are notified when new content matches the saved search criteria. Sec 3.21 applies to the delivery and the settings of these notifications.
3.15 Users have the option of adding individual listings to a personal watchlist. All listings saved by the user are shown together in this watchlist, which the user can access at any time via their profile. Listings may be amended, deleted or restricted in their availability by the posting user at any time; in this case they are no longer available, or available only to a limited extent, in the watchlist as well.
3.16 Users may create various types of group with LOLA: private groups, which are accessible only by invitation and are not visible to other users; closed groups, which may be joined by invitation or on request and are visible to all users; and open groups, which are freely accessible and publicly visible. Groups may be linked to marketplace functions and have parameters such as categories or transaction types which structure the group's content and activities. Invitations may also be passed on as a multi-use link; anyone in possession of such a link may join the group. The user passing on the link is responsible for doing so.
3.17 Users may start a 1:1 chat based on a listing or conduct a 1:n chat within a group. In chats relating to rentals, LOLA inserts automatically generated system messages which provide information on the status of the transaction and offer the user the steps available at the time. These messages do not originate from the other user.
3.18 Users may use the share function to share profiles, listings or groups internally within the platform or externally via other services.
3.19 The user may restrict the availability of a listing to groups of which they are a member; the listing is then available only to the members of those groups. The restriction is a setting within the App and not a technical protection or confidentiality measure: members can view, save and pass on the content. LOLA gives no warranty that a restriction will be technically effective at all times.
3.20 In their profile, under "Transactions", the user finds an overview of the transactions processed through the App. It is based in part on information provided by the users themselves and is not evidence of the conclusion or performance of a contract. The receipt provided by LOLA relates exclusively to the service fee; a receipt for the rental fee itself is issued solely by the renting-out user.
3.21 The user may determine in the settings what they are notified about; notifications relating to the processing of an ongoing transaction and to account security are excluded. No warranty is given as to delivery or timing. The user may not rely on not having received a notification insofar as the information was retrievable in the App.
3.22 Following the completion of a rental, the parties involved may review one another. A review becomes visible only once both parties have submitted a review or the review period of 30 days has expired, and cannot be amended or withdrawn thereafter. Reviews must be objective and must not contain untrue statements of fact; LOLA may remove them in accordance with sec 4.2, and no further claim to removal exists.
3.23 Rentals should be processed through calendar booking in the App; the contract is concluded upon confirmation by the renting-out user. Where rentals for a fee are agreed outside calendar booking, the associated functions — payment processing, receipt, transaction overview and reviews — are not available; LOLA cannot provide support in the event of disputes in such cases. Damage and theft occurring during the rental period must be reported promptly via the App. Damage which becomes apparent only after return must be reported by the renting-out user via the App within seven days of return; thereafter the item is deemed to have been returned in proper condition. In the event of late return, an increased fee is payable for the period during which the item is not available to the renting-out user. If the renting-out user does not receive the item back, they must report this to LOLA via the App as soon as possible.
3.24 Up to six days before the start of the rental period, both parties may cancel free of charge, regardless of the chosen payment method. After that, cancellation is available only to the borrowing user and only up to 24 hours before the start; the cancellation fee amounts to 100 % of the authorised total. For the renting-out user, cancellation is not provided for from that point onwards. For bookings made less than six days before the start of the rental period, the booking is binding upon confirmation.
3.25 The reservation (authorisation) of the saved payment method takes place six days before the start of the rental period, or immediately in the case of shorter-notice bookings; for payments via Klarna, it may take place earlier. The amount is collected once both parties have confirmed the handover. In addition to the rental fee, the borrowing user bears a service fee of 9 %, with a minimum of € 1.50, in each case net plus VAT. The rental fee is paid out to the renting-out user once both parties have confirmed the return and the renting-out user has completed verification with the payment service provider.
3.26 Where a payment already paid out is subsequently charged back, in particular because the borrowing user raises an objection with their payment service provider or bank, LOLA may reclaim the amount paid out from the renting-out user or offset it against future payouts to them. This does not apply to the extent that LOLA is responsible for the chargeback. LOLA informs the renting-out user before any offsetting, stating the transaction and the amount; they may raise objections. The claim is limited to the amount charged back and the costs actually incurred by LOLA. In order to contest a chargeback, LOLA may transmit the information documented in the App for the transaction — in particular the confirmations of both parties, photos, location shares and the chat history — to the payment service provider and the payment institutions involved.
3.27 Whether a deposit is required is agreed between the users involved on their own responsibility; LOLA does not administer deposits and is not liable for them. No insurance cover is provided through LOLA. Statutory provisions apply to damage and loss: normal wear and tear resulting from the agreed use is borne by the renting-out user, damage or loss caused culpably must be compensated by the borrowing user, and accidental damage without fault is in principle not to be compensated by the borrowing user.
3.28 Information provided by the renting-out user regarding availability, pickup and return times and discounts is their own; LOLA gives no warranty in this respect. Changes do not affect bookings that have already been confirmed.
3.29 LOLA may carry out maintenance work on the App at its own discretion and as required, which may result in interruptions to availability. Where possible, LOLA will announce such maintenance windows in advance. There is no entitlement to continuous availability of the App or of individual functions. LOLA is entitled to change or discontinue individual functions, provided that this does not materially impair the purpose of the user relationship.
4. Usage restrictions
4.1 Safe and legally compliant use of the App is of particular concern to us. The user is therefore prohibited, in particular but not exclusively, from using the App in order to ("usage restrictions"):
(1) make untrue statements and assertions or provide information against better knowledge;
(2) promote or support illegal activities or unlawful conduct;
(3) infringe the rights of others (including personality and data protection rights) or upload content which gives rise to civil or criminal consequences under applicable law or otherwise conflicts with these T&C;
(4) decompile, disassemble, reverse engineer, copy, transmit or otherwise exploit the App or its content, unless permitted under copyright law;
(5) automatically crawl, scrape, cache or otherwise evaluate content in the App;
(6) provide false information in order to falsify or otherwise misrepresent their identity or affiliation with a natural or legal person;
(7) use the App in a manner which (i) may interrupt, suspend, slow down or impede the continuity of the App, (ii) constitutes interference or an attempt to interfere with the App or our IT infrastructure, (iii) diverts the system resources of the App, (iv) places a disproportionate load on the infrastructure of the App, or (v) constitutes an attack on the security and authentication measures of the App or our IT infrastructure;
(8) abort a rental booking commenced through calendar booking in order to process the same transaction outside the App;
(9) otherwise use the App for purposes other than those for which it is designed.
4.2 LOLA may review listings and content made available by users in order to block or remove them where there is sufficient suspicion that they infringe the law or these T&C. Moderation is carried out exclusively by manual review. Users have the option of lodging a complaint against moderation measures. The complaint must be sent by email to [email protected], stating the content concerned and the grounds. LOLA reviews the complaint manually and informs the user of the decision.
4.3 In the event of a serious breach of these T&C, we are entitled to restrict the App for the user or to exclude the user from further use, and to terminate the user agreement with immediate effect. The user has no claim to compensation whatsoever; Clauses 7.4 and 7.5 remain unaffected.
5. Copyright and industrial property rights
5.1 All elements of the App, in particular texts, images and illustrations as well as the structure and content of the database, are protected by copyright and industrial property rights. The user may use the App only for its intended purpose in accordance with these T&C. No further rights are granted.
5.2 Upon publication of the listing, the user, on their own behalf or on behalf of the rights holder, grants LOLA the non-exclusive, transferable, sublicensable, royalty-free, worldwide, unlimited in time and revocable right to reproduce, distribute, alter, edit, publish and make publicly available the content provided by the user to the extent appropriate for the use of the App. The user agrees that the listings may be viewed by other users or by persons using the App.
5.3 In the event that the user deletes their account or their listings, LOLA will delete these from the App within a reasonable period, with the exception of information necessary for other users in the chat or in the watchlist. However, due to the viral processing of online content, any dissemination to third parties remains unaffected despite deletion by LOLA from the App. This applies in particular where the content concerned has already been shared with other users or third parties, since the use of the content by such third parties lies outside LOLA's sphere of influence. Statutory retention obligations, in particular under tax and accounting law, remain unaffected; data covered by such obligations is blocked until the retention period expires and deleted thereafter.
6. Liability
6.1 We make the App available with due care. It is not possible, however, to avoid errors or faults in the App.
6.2 Vis-à-vis commercial users we are liable — with the exception of personal injury — only for damage caused intentionally or through gross negligence. Liability for consequential damage, loss of profit, lost or altered data, indirect damage and damage arising from third-party claims is excluded. This also applies to the conduct of vicarious agents. LOLA and the commercial user must assert all claims for damages not acknowledged in writing before the courts within one year of becoming aware of the damage and the party causing it, failing which such claims become time-barred.
6.3 Vis-à-vis users who are consumers, LOLA is liable only for damage caused by it or its vicarious agents through gross negligence or intent. Liability for slight negligence is excluded. The limitation of liability does not apply to damage arising from injury to life, body or health, to claims under the Product Liability Act, or to damage resulting from a breach of principal contractual obligations.
7. Term and termination
7.1 The user may delete their user account at any time and thereby end their user relationship. Deletion is not possible for as long as a balance not yet paid out exists or a rental is ongoing or upcoming which can no longer be cancelled free of charge — irrespective of whether the user is involved as the renting-out user or as the borrowing user. Deletion is furthermore not possible for as long as the user is the sole administrator of a group; in this case the user may transfer the administrator role or delete the group and subsequently delete their user account. Future rentals which can still be cancelled free of charge at the time of deletion are cancelled without a cancellation fee upon deletion.
7.2 We may terminate the user agreement by ordinary notice at any time subject to a notice period of 30 days.
7.3 Irrespective of this, either party may terminate the user agreement at any time for good cause.
7.4 Where LOLA intends to block or delete a user account (Clauses 2.1, 4.3, 7.2 and 7.3), LOLA first restricts the account for future use: the user may no longer make new rental requests and no longer accept requests, and their listings are no longer available to other users. Upcoming rentals which at that point can still be cancelled free of charge are cancelled without a cancellation fee. Rentals which can no longer be cancelled free of charge are carried out; the user retains the access required for this and for the payout of any existing balance. For as long as a balance not yet paid out exists, or such a rental is ongoing or upcoming, the user account is neither deleted nor fully blocked; thereafter LOLA may block or delete it.
7.5 In the event of serious breaches (Clause 4.3), LOLA may block the user account with immediate effect by way of derogation from Clause 7.4. Any existing balance is in this case paid out to the user upon their request. The block has no effect on contracts already concluded between users. LOLA informs the respective other party and decides on a case-by-case basis which further measures to support completion are appropriate.
8. Place of jurisdiction, applicable law
8.1 The exclusive place of jurisdiction for all disputes arising from these T&C between us and consumers who, at the time the action is brought, have neither their domicile nor their habitual residence in Austria nor are employed in Austria, is the court with local and subject-matter jurisdiction for 1010 Vienna.
8.2 Austrian law applies exclusively, to the exclusion of international conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For consumers, the choice of law made applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the state in which the user as a consumer has their habitual residence.
9. Amendments to the T&C
9.1 LOLA is entitled to amend the T&C where this is necessary after conclusion of the contract due to changes in the law and/or has been prompted by a court or public authority.
9.2 Beyond the scope set out in sec 9.1, amendments are possible only where they do not concern principal contractual obligations and do not worsen the user's legal position. LOLA notifies the user by email of the amended T&C and the time at which they take effect. If the user continues to use the App after that time, the new T&C are deemed agreed. If the user does not agree to the amendments, they may delete their user account in accordance with sec 7.1.
10. Final provisions
Should any provision of these T&C be or become legally invalid or unenforceable in whole or in part vis-à-vis businesses, this does not affect the legal validity of all other provisions of these T&C. This does not apply vis-à-vis consumers.
