General Terms and Conditions of Use of Gastfreund GmbH
General Terms and Conditions of Use of Gastfreund GmbH
Definition and Specification of Services
The term “platforms” refers to mobile applications, websites and other media which enable users to access content.
The term “users” refers to users of the platforms and the entire service, who receive access to the contents of the clients of Gastfreund.
“Clients” are organisations, institutions, municipal administrations, traders or companies who post and publish content via the Backend.
Gastfreund uses online- and cloud-based platforms that enable clients to manage content and offers and to use features provided by Gastfreund.
In all other respects, the scope of services is specified in the service description on www.gastfreund.net
Rights and Duties of Gastfreund
Gastfreund reserves the right to change the Gastfreund platforms at any time in a reasonable manner for clients, e. g. in order to further develop them or to improve their quality.
Technical malfunctions and maintenance can lead to temporary limited usability. Gastfreund will always resolve any malfunctions as quickly as possible in order to keep these periods as short as possible and - if possible - inform their clients about foreseeable malfunctions well in advance.
Gastfreund will temporarily restrict their services if it is necessary regarding limit of capacity, security or integrity of servers or for the implementation of technical requirements, and it contributes to the correct or improved performance of services (maintenance work). In these cases, Gastfreund will consider the legitimate interests of their clients, e. g. by providing information in advance.
Gastfreund is entitled to use and store the collected usage data for the purpose of evaluation, monitoring, improvement of the services, analysis, marketing and advertising.
Gastfreund may take action if there is any specific evidence that a client violates legal regulations, the rights of third parties, the terms and conditions of Gastfreund or if Gastfreund has any other legitimate interest to protect their users from risk of fraud.
Gastfreund is entitled to name the client as a reference from the date of the conclusion of the contract. This includes: Use of the client’s name and logo, naming in media coverage and use of screen shots of the client’s content.
Rights and Obligations of Clients
The client must provide all requested personal or company data during the registration process completely and truthfully. The client is responsible for the accuracy of his provided data and guarantees that it is correct and up to date.
The client has to make sure that third parties cannot use his credentials. The client is solely responsible for any misuse of his credentials.
Licence and Use
According to §15 German Stock Corporation Act, the client grants Gastfreund and affiliated companies a free of charge, non-exclusive and worldwide license to use the content that is published in Gastfreund. The client hereby grants Gastfreund the right to use the published content in media of any kind, in particular the right to reproduce, distribute, making it available to the public, sending and processing it in a manner not defined in terms of time, location and content. The aforementioned rights entitle to publish via all technically known procedures as well as all known forms of media.
The license ends 12 months after termination of the contractual relationship between Gastfreund and the client.
The client is solely responsible for the content that is published with his credentials. With the registration, the client confirms to be the legal representative of the client or to be the client himself.
The client creates an imprint according to legal regulations for his content and complies with the legal data protection guidelines.
The client is not entitled to pass on or publish user-related data to third parties that arise within the scope of the contractual relationship with Gastfreund or that arise within the scope of use.
The client guarantees that Gastfreund has the right to use all contents published by him and that he does not violate any legal regulations. The client especially does not infringe the right of ownership, the intellectual property right and the right of use of third parties, e. g. copyright of photos, texts or other elements.
The client releases Gastfreund on first demand from all claims asserted by other clients, users or other third parties for violation of their rights due to content published by the client on Gastfreund platforms or due to its other use. The client will cover the costs for the necessary legal defence of Gastfreund including all court and lawyer’s fees at the statutory rate. This does not apply if the client is not responsible for the infringement. In the event of a claim by third parties, the client is obliged to provide Gastfreund with all necessary information for the examination of the claims and a defence immediately, truthfully and completely.
The protection of minors in Germany, Europe and countries in which the clients and users have their registered office or place of residence must be implemented by the client. Please note that there is no age restriction on Gastfreund platforms.
The client is obliged not to send any spam messages and to use automatic electronic programmes or robots or to use his Gastfreund credentials for this purpose.
The client is obliged not to send or publish any computer viruses, malware or harmful links as well as links to illegal websites or to malicious content.
Advertising and Advertising Guidelines
The client may only promote objects managed by himself. To promote another object, a new object has to be created with the existing Gastfreund credentials.
The client is entitled to link to existing objects in Gastfreund. Setting up links within Gastfreund free of charge. Clients may not charge any fees for links. An advertisement that is booked additionally (a so-called “advertising tile”) may not promote several objects, providers or services.
Advertisements on Gastfreund must be relevant to the users and have to reflect the typical needs of a guest on his holiday or of a local in his spare time. It must be possible to classify advertisements on Gastfreund to at least one of the offered categories.
The client may only promote his content on Gastfreund on the platforms, in the network and outside with prior consent of Gastfreund. This consent may be granted by providing banners and widgets for websites or marketing material for their respective use and may be revoked at any time.
The advertising idea developed by the contractor for electronic advertisement (Gastfreund TV) and computer graphics are protected works according to copyright law. The client is not entitled to use these works without the contractual basis for the use of Gastfreund TV. Provided that the contractor and the client agree on a right of use in the contract following the online period, the right of use will include the simple, in perpetuity, irrevocable and non-transferable right to publish the work on the media platforms of the client (website, in-house and shop media, etc.). The client is entitled to make the necessary changes to publish the work on his own media platforms.
The client is responsible for the art and content of the advertisements and commercials as well as for their copyright and the harmlessness of their competition regulations. The client will release the contractor from any claims of third parties as well as from all costs incurring as a result thereof. The contractor is not obligated to carry out an inspection.
Remuneration, Due Date, Delay
All prices are to be understood net, plus the current value added tax.
Gastfreund can change their prices at any time. The client will be informed in written notice about changes in price before they come into effect.
The client only has the right of compensation, if his counter claims have been legally established or if they have been accepted by Gastfreund.
The client only has the right of retention insofar as his counter claim is based on the same contractual relationship.
Gastfreund is liable without limitation in the event of intent or wanton negligence, injury of life, limb or health in accordance with the regulations of the Product Liability Act and, to the extent of a guarantee given by Gastfreund.
Without affecting the provision in clause 5.1, Gastfreund is only liable for simple negligence in the event of breach of essential contractual obligations, i.e. the breach of obligations whose fulfilment make the proper execution of the contract of use possible in the first place and on whose observance the client may rely on a regular basis (“cardinal obligation”). In the event of a negligent breach of a cardinal obligation, the liability of Gastfreund is also limited to the foreseeable damage typically associated with the contract.
The typically foreseeable damage associated with the contract according to clause 5.2 sentence 2 amounts to a maximum of 100% of the annual contract volume per contract year (remuneration payable to Gastfreund by the client for all services provided by Gastfreund in respect of use of the service within the contract year in which the event occurs) or EUR 10,000; whereby the respective higher amount applies.
The limitation of liability in section 5.2 also applies to lost profits and missed savings.
Without affecting the regulation in clause 5.1, the liability without fault of Gastfreund for deficiencies which already existed at the time of the conclusion of the contract is explicitly excluded according to § 536a of the German civil code BGB.
The aforementioned limitations of liability also apply in the event of a fault on the part of an accomplice of Gastfreund as well as for the personal liability of the employees, representatives and organs of Gastfreund.
The statutory limitation of claims for damages on the client’s part due to liability under clause 5.1 will be determined in accordance with the statutory regulations. The period of limitation of other claims for damages on the client’s part is one year. It commences at the end of the year in which the claims have arisen and the client has become aware of the circumstances giving reason for the claims or the person of the liable party or has not become aware of them due to gross negligence, however, at the latest five years from their occurrence and ten years from the act, breach of duty or other event triggering the damage.
Gastfreund is not liable for the availability and access to external links, webcams, services, offers or the like of third parties, as well as explicitly not for the legality and availability of their content.
The client will be liable for all consequences and disadvantages arising from the misuse or illegal use of the services of Gastfreund or from the fact that the client does not comply with other obligations in accordance with these terms and conditions.
Term of the Contract, Termination
The term of the contract of use is at least one year or the period indicated in the order.
If the contract is not terminated by the client at least three months before the end of the term of the contract, it will automatically be renewed for the same period and at the same conditions.
Gastfreund can terminate the contract of use at any time with a period of 3 months to the end of the month.
Notice of termination must be given in writing.
Gastfreund collects, stores and processes the commercial and personal data gathered within the scope of the contractual relationship (inventory data) and other data which is generated within the scope of services provided by Gastfreund, for the purpose of processing of the contract, invoicing and the execution of services used by the client in accordance with the statutory data protection regulations.
Upon conclusion of the contract, the client explicitly agrees that Gastfreund uses customer data, the usage behaviour and its analysis to improve the offer and to guarantee the corporate purpose. Within the scope of the applicable German and European Data Protection Guidelines, this data can be passed on to third parties in an anonymous form and used for external communication.
In the event that individual regulations of these terms and conditions are ineffective in whole or in part, this will not affect the validity of the remaining regulations. The whole or partly invalid regulations will be replaced by those whose content is economically closest to that of the invalid regulations in a legal manner. The same applies to any loopholes.
The law of the Federal Republic of Germany applies with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of performance is the registered office of Gastfreund GmbH. The exclusive place of jurisdiction for all disputes arising from the contract will be the registered office of Gastfreund GmbH, if the client is a tradesman within the sense of the German Commercial Code (HGB) or, in the case of legal proceedings, has no registered office or usual place of residence in the Federal Republic of Germany.