General terms and conditions of Gastfreund GmbH
(as per 2016年2月23日)
General - Scope

These Terms and Conditions of Use are part of a contract between Gastfreund GmbH (hereinafter referred to as "Gastfreund") and its customer relating to the use of Gastfreund platforms and associated software and services.

  1. Definitions and description of services
    1. "Platforms" are mobile applications, Internet sites or other media which allow users access to content.
    2. "Users" are users of the platforms and the entire offering who gain access to the content provided by Gastfreund customers.
    3. "Customers" are organizations, institutions, municipal authorities, traders or companies who post and publish content via the backend.
    4. Gastfreund operates online and cloud-based platforms which enable customers to add content and offerings and to use functions provided by Gastfreund.
    5. Details of the scope of services can otherwise be found in the description of services at www.gastfreund.net
  2. Rights and obligations of Gastfreund
    1. Gastfreund reserves the right to change at any time the Gastfreund platforms in a way which is acceptable to the customer, e.g. in order to further develop them or improve their quality.
    2. Gastfreund reserves the right to amend these Terms and Conditions of Use / General Terms and Conditions of Business at any time and without giving reasons. The amended terms and conditions shall be sent to customers via e-mail no later than two weeks before they come into force. If a customer does not object to the new Terms and Conditions of Use / General Terms and Conditions of Business within two weeks of receiving the e-mail, the amended General Terms and Conditions of Business shall be deemed to have been accepted. Gastfreund shall inform customers of this two-week deadline separately in the e-mail which contains the amended terms and conditions.
    3. Owing to technical faults and maintenance, use may be restricted for limited periods of time. Gastfreund shall always rectify faults as quickly as possible in order to minimize these periods of time and shall – wherever possible – notify customers of any foreseeable faults in good time.
    4. Gastfreund may restrict its services temporarily if this is necessary for reasons of limited capacity, security or server integrity or in order to carry out technical work so as to be able to provide proper or improved services (maintenance work). In these cases, Gastfreund shall take into account the rightful interests of customers, e.g. by providing advance information.
    5. Gastfreund shall be entitled to use and store the data generated during use for the purposes of evaluating, monitoring or improving its offering, analysis, marketing and advertising.
    6. Gastfreund may take measures if it has reason to believe that a customer is infringing legal regulations, third-party rights, the Gastfreund Terms and Conditions of Business or if Gastfreund otherwise has a rightful interest, in particular to protect users against fraudulent activities.
    7. Gastfreund may name customers as references from the point in time when a contract is concluded. This includes: Using the customer's names and logo, naming the customer in media reports and using screenshots of the customer's content.
  3. Rights and obligations of the customer
    1. Authorization
      1. The customer shall provide complete and truthful personal or company-related data as required for the registration process. The customer itself shall be responsible for the correctness of its data and shall provide Gastfreund with a guarantee that these data are correct and up to date.
      2. The customer shall ensure that third parties cannot use its access data. The customer itself shall be solely responsible for any misuse of access data.
    2. License and use
      1. The customer shall grant Gastfreund and associated companies in accordance with §15 of the German Stock Corporation Act (AktG) a free, non-exclusive, worldwide license for the use of content posted on Gastfreund portals. By doing this, the customer grants Gastfreund the right to use the content posted in media of all types, in particular the right to reproduce it, distribute it, make it accessible to the public, broadcast it and process it in a form which is unspecified in terms of time, location and content. The aforementioned rights shall entitle Gastfreund to use all known technical procedures as well as all known forms of the media for this purpose.
      2. The license shall expire 12 months after the contractual relationship between Gastfreund and the customer was terminated.
      3. The customer is solely responsible for the content posted using its access data. By registering, it confirms that it is the rightful representative of the customer or the customer itself.
      4. The customer shall produce an imprint for its content which complies with legal requirements and shall comply with the legal data protection guidelines.
      5. The customer shall not be entitled to pass on to third parties or publish user data generated during the contractual relationship with Gastfreund or during use.
      6. The customer shall provide Gastfreund with a guarantee that it holds the (usage) rights to all content posted by it and that it does not infringe any legal regulations. In particular, it must not infringe the property, protection and usage rights of third parties, e.g. copyright when using images, texts or other items.
      7. The customer shall upon request release Gastfreund from all claims that other customers, users or other third parties assert against Gastfreund owing to an infringement of their rights by content posted by the customer on Gastfreund platforms or owing to any other use thereof. The customer shall bear the costs of any legal defense required by Gastfreund including all court and lawyer's costs charged at the statutory rate. This shall not apply if the customer is not responsible for the legal infringement. In the event that claims are asserted against Gastfreund by third parties, the customer must immediately provide truthful and complete information as necessary for the purposes of checking the claims and arranging defense.
      8. The customer must ensure compliance with the child and youth protection legislation in Germany, Europe and in the countries in which the customer and users have their business headquarters and place of residence respectively. It should be borne in mind that no age restrictions apply to Gastfreund platforms.
    3. Security
      1. The customer shall not send spam messages, use automatic electronic programs or robots or make available its Gastfreund access data for this purpose.
      2. The customer shall not distribute or otherwise provide viruses, malware or harmful links, including links to unlawful Internet sites and malicious content.
    4. Advertising and advertising guidelines
      1. Only the establishments managed by customers may be advertised. In order to advertise another establishment, a new establishment must be set up using the existing Gastfreund access data.
      2. The customer is allowed to set up links to existing establishments in the Gastfreund network. Links within Gastfreund can be set up free of charge. No customer may charge fees for setting up links. An advertisement that is also booked ("advertising tile") must not refer to a number of establishments, providers or offerings.
      3. Advertising at Gastfreund must clearly relate to users and must for example reflect the typical interests of a guest who is traveling or local people during their free time. Advertising at Gastfreund must be clearly assignable to at least one of the categories on offer.
      4. The customer may advertise with Gastfreund on the platforms, in the network and outside only with express prior permission from Gastfreund. This consent shall be granted for example with the provision of website banners and widgets or marketing materials for specific applications and may be revoked at any time.
      5. The advertising concept developed by the Contractor for the placement of electronic advertising (Gastfreund TV) and applications thereof in the form of computer graphics are protected works under copyright law. The Customer shall not be authorized to use these works without a contractual basis for the use of Gastfreund TV. If the Contractor and the Customer agree a usage right with respect to the placement period in the contract, this usage right shall include the simple, non-expiring, irrevocable and non-transferable right to transmit the work on the Customer's own media platforms (website, in-house and store media etc.). The Customer shall be entitled to make changes to the work as necessary for transmission on its own media platforms.
      6. The Customer shall be responsible for the form and content of motifs and advertising spots, and for ensuring that these do not breach copyright and competition laws. The Customer shall release the Contractor from any third-party claims and from any costs incurred by the Contractor as a result. The Contractor shall be under no obligation to make checks.
  4. Remuneration, payment deadlines, default
    1. All prices quoted are net prices and do not include statutory value added tax.
    2. Gastfreund may change its prices at any time. Customers shall be notified in writing of any price changes before they come into force.
    3. The customer shall only have a right of set-off if its counterclaims are legally established or are recognized by Gastfreund.
    4. The customer shall only have a right of retention if its counterclaim arises from the same contractual relationship.
  5. Warranty, liability
    1. Gastfreund's liability shall be unlimited in the event of willful intent or gross negligence, for injury to life or limb, in accordance with the provisions of the German Product Liability Law (Produkthaftungsgesetz) and within the scope of a guarantee provided by Gastfreund.
    2. Regardless of the provision in Section 5.1, Gastfreund shall be liable in the event of simple negligence only in cases where key contractual obligations are infringed, i.e. obligations where fulfillment thereof is essential to the proper performance of the usage contract and the customer can normally expect compliance therewith ("cardinal obligation"). In the event of a negligent infringement of a cardinal obligation, Gastfreund's liability shall be limited to the foreseeable damages typical for a contract of this type.
    3. The foreseeable damages typical for a contract of this type in accordance with Section 5.2 Clause 2 shall be, per contractual year, a maximum of 100% of the annual contractual volume (remuneration to be paid to Gastfreund by the customer during the contractual year in which the incident occurs for all services provided by Gastfreund involving use of the service by the customer) or EUR 10,000, with the higher amount applying in each case.
    4. The liability limitation set out in Section 5.2 shall also apply to lost profit and savings which failed to materialize.
    5. Regardless of the provision in Section 5.1, the strict liability of Gastfreund in accordance with § 536a of the German Civil Code (BGB) owing to defects that were already present at the point in time when the contract was concluded shall be explicitly excluded.
    6. The aforementioned liability limitations shall also apply in the event that a vicarious agent of Gastfreund is at fault and if employees, representatives and organs of Gastfreund are personally liable.
    7. Claims for compensation on the part of the customer owing to liability in accordance with Section 5.1 shall become statute-barred in line with the legal regulations. The statutory period of limitation for other claims for compensation on the part of the customer shall be one year. It shall begin at the end of the year in which the claims arose and the customer either learned of or, through gross negligence, failed to learn of the circumstances giving rise to the claims and the person causing the claim, but no later than five years after the claims arose or ten years after the activity, the breach of duty or the other incident giving rise to the damage occurred.
    8. Gastfreund shall not be liable in respect of the availability of and access to third-party external links, webcams, services, offerings etc. and shall explicitly not be liable for the legality and availability of their content.
    9. The customer shall be liable for all consequences and disadvantages suffered by Gastfreund either as a result of the misuse or illegal use of services or the customer's failure to meet its other obligations in accordance with these General Terms and Conditions of Business.
  6. Duration of contract, termination
    1. The usage contract shall be valid for at least a year or for the period of time specified in the order.
    2. If the contract is not terminated by the customer at least three months before its expiry date, it shall automatically be extended for the same period of time under the same terms and conditions.
    3. Gastfreund may terminate the usage contract at the end of a month, subject to giving three months' notice.
    4. Any termination must be made in writing.
  7. Data protection
    1. Gastfreund shall collect, store and process the company-related and personal data (user data) obtained during the contractual relationship as well as other data which arise during the provision of services by Gastfreund for the purposes of contract processing, billing and the provision of services requested by the customer in accordance with the legal data protection provisions.
    2. By concluding a contract, the customer explicitly agrees to Gastfreund using and analyzing customer and usage behavior data in order to improve its services and fulfill the purpose of its business. These data may be passed on in anonymized form to third parties in accordance with the German and European data protection guidelines currently in force and may be used in anonymized form for publicity purposes.
  8. Final provisions
    1. In the event that individual provisions contained in these General Terms and Conditions of Business should be ineffective either in whole or in part, this shall not otherwise affect the validity of the remaining provisions. The provisions that are ineffective either in whole or in part shall be replaced by legally effective provisions whose content from an economic point of view most closely approximates that of the ineffective provisions. The same shall apply to any omissions.
    2. The law of the Federal Republic of Germany shall apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
    3. The place of performance shall be the headquarters of Gastfreund GmbH. The exclusive place of jurisdiction for all disputes arising from the contract shall be the headquarters of Gastfreund GmbH if the customer is a merchant within the meaning of the German Commercial Code (HGB) or, in the event that an action is brought, does not have its headquarters or habitual place of residence in the Federal Republic of Germany.