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General Terms and Conditions of Business
Advertising & Promotion
1. general information
These General Terms and Conditions are part of all offers of Velotaxi Stuttgart (hereinafter referred to as “Contractor”) for the conclusion of contracts, especially for the conclusion of advertising and promotion contracts. Any general terms and conditions of the other contracting party (hereinafter referred to as “Customer”) shall not be valid even if the Contractor does not expressly object to them. Deviating agreements of the Customer shall only be binding if they have been confirmed in writing by the Contractor.
2. conclusion and term of the contract
a) All offers made by the contractor are subject to change. A legally binding contract shall only be concluded upon written confirmation of the booking of the customer by the contractor. Changes and additions to the concluded advertising contracts must also be made in writing in accordance with §126 BGB.
b) The contract is limited to the time period stated in the offer. The right of termination without notice remains unaffected by this, provided that the conditions of § 314 BGB, in particular an important reason, are given.
3. cancellation conditions
In case of cancellation of the order by the client four weeks before the start of the campaign, 20%, two weeks before the start of the campaign 50% and one week before the start of the campaign 80% of the media price as well as the production costs are due, provided that the production has already started at the time of cancellation. In the event of premature termination of the contract by the client after the start of the campaign, 100% of the order value is payable to the contractor.
4. performance of the contractor
a) In the case of advertising contracts, the Contractor undertakes, itself or through contractual partners, to use the agreed number of Velotaxis at the agreed place and during the agreed time in the context of regular paid passenger transport with Velotaxis with the advertising provided by the Principal on the body surfaces. In doing so, the Velotaxis transport passengers for a fare. The Velotaxi operation basically includes traffic seven days a week and an average of eight hours a day. A unilateral extension of the operating time by the Contractor does not lead to an increase in costs for the Customer. If the implementation of an order is not possible due to force majeure, any claims against the Contractor are generally excluded.
b) In the case of promotion contracts, the Contractor undertakes to use the agreed number of Velotaxis on behalf of the Principal, either itself or through contractual partners, at the agreed place and during the agreed time. In principle, the Velotaxis will transport the passengers on behalf of and at the expense of the Principal.
c) The Velotaxis are basically provided by the Contractor itself or by a contractual partner of the Contractor and are maintained at its own responsibility and cost with regard to technology and appearance. The Contractor assures that only sufficiently trained drivers are used.
d) On days with bad weather conditions, however, the driving operation can be limited up to a complete stop. Bad weather conditions are especially considered to be temperatures below 8°C, persistent rainfall, wind forces of at least 4 or thunderstorms. The advertising partner has no claims arising from this restriction.
The Customer is only entitled to exclusivity with regard to the same or similar advertising partners or advertising products if this has been expressly assured to him in writing by the Contractor beforehand.
6. other use of the Velotaxis
The velotaxis of the regular paid passenger transport with velotaxis are basically also available for special events and other uses outside the usual areas of use. For special events and other uses by the Customer, the contracting parties shall make separate agreements regarding the scope, organization and payment.
7. advertising design
a) The Contractor shall provide the Customer with all sketches and documents required for the design of the advertising in good time in file form. The reproducible layouts for the design of the advertising spaces are usually delivered by the customer at the latest 15 working days before the start of the campaign. The delivery is at the risk of the customer. Delivered texts are carefully checked by the contractor to the best of her knowledge. If the client has approved the corresponding text and image material and released it for use or printing, he hereby assumes responsibility for the correctness of the text, image and composition. Any liability on the part of the Contractor for errors discovered after approval shall not apply. If the Customer has approved a template for use, in particular for printing, and if he subsequently discovers text errors, image errors or similar, in particular after printing, he may only demand corrections / proofreading from the Contractor after payment of the additional costs incurred for this. The Contractor shall not be liable for any templates, printed matter, product samples and other objects and materials supplied by the Customer.
b) The Customer shall bear sole responsibility for the legal admissibility of the advertising, in particular under competition law.
c) The Contractor shall take over the production and attachment of the advertising films in accordance with the Customer’s specifications at the Customer’s expense.
d) The Contractor shall bear the costs of neutralizing the vehicles.
For documentation purposes, the Contractor is entitled to use advertising and documentation material of the Client for its own purposes.
a) The media and promotion prices stated in the offer include the provision of the advertising service in the actual sense, but not the costs for the production of the advertising films and the sticking of the vehicles. All prices do not include the current VAT.
b) The client pays 50% of the agreed price immediately after signing the contract, the remaining 50% at the beginning of the service provision by the contractor. The production costs of the foils and the costs of the sticking are due with their invoicing.
c) For offers without discount and payment before the start of the campaign, the contractor grants a two percent discount.
d) The customer has no rights whatsoever to the income from passenger transport.
10. fulfilment of public law obligations
a) To the best of its knowledge, the Contractor assures to obtain all official permits required for the Velotaxi operation (if applicable) itself or through a contractual partner in a timely manner. Should the Contractor be prevented from starting operations due to public law obligations, both parties shall have the right to withdraw from the contract. The same shall apply accordingly in the event that the contractor should be obliged to discontinue operations after commencement of operations.
b) The existing legal situation enables the contractor to use her vehicles wherever conventional bicycles can also be used in the context of public use. If the contractor is prohibited by public law from using certain areas (e.g. in connection with major events), the contract concluded between the customer and the contractor must be adapted accordingly in accordance with § 313 I BGB with regard to the area of use. The same shall apply accordingly in the event that only passenger transport against payment, but not passenger transport free of charge, should be permissible under public law.
c) In the event that the operation is not commenced, the remuneration already paid shall be refunded without delay; in the event that the operation is discontinued or the offer is limited in time, the corresponding proportion shall be refunded. Further claims of the client are excluded. In particular, the partial spatial restriction of the contractor’s performance due to obligations under public law does not lead to a right of withdrawal and reimbursement claim of the customer from the entire contract.
11. compensation, limitation of liability
Unless otherwise provided for in these contractual terms and conditions including the following provisions, the Contractor shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations. In the case of simple negligence, the Contractor shall, subject to statutory limitations of liability (e.g. care in own affairs; minor breach of duty), only be liable
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the violation of an essential contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, the liability of the contractor is limited to the compensation of the foreseeable, typically occurring damage.
The limitations of liability resulting from these contractual terms and conditions shall also apply to third parties and in the event of breaches of duty by persons (including in their favour) whose fault we are responsible for in accordance with statutory provisions.
The customer is obliged to compensate the contractor for the damage caused by his delay. If the Customer is in default with the performance of its obligations for more than one month, the Contractor shall also be entitled to withdraw from the contract and to demand compensation for damages. The Customer shall be in default if he does not perform his services by the dates specified in the contract or if he fails to perform following a reminder.
13. secrecy obligation
Both parties are obligated to maintain mutual confidentiality of all business secrets of the other party that become known to them in the course of the cooperation. As far as third parties are involved in the performance of the contract, both parties are obliged to maintain the same secrecy. The obligation of secrecy does not lose its validity even after termination of the cooperation.
14. data protection
The client has taken note of the data protection information. These are available under (LINK).
15. severability clause
Should one or more of the above terms and conditions be invalid, the validity of the remaining terms and conditions shall not be affected.
16. place of performance
The place of performance is generally Stuttgart.
17th place of jurisdiction
The contract is subject exclusively to German law. The place of jurisdiction for all disputes arising from or in connection with this contract is Stuttgart. If the client is a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office in Stuttgart. The same applies if the client is an entrepreneur within the meaning of § 14 BGB.