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GTC - General Terms and Conditions

§ 1 Definitions


(1) "Creation of a web presence" refers to the creation and publication of an individual web presence on the basis of the NEED A HOTEL platform/homepage of Travelise Media e.K. on the basis of the information provided as well as the corresponding image and text documents of an advertiser or other contracting authority (hereinafter " Principal").
(2) These General Terms and Conditions (hereinafter "GTC") apply to online advertising orders. These GTC apply exclusively. Conflicting, deviating or supplementary terms and conditions of the Principal are excluded; these are also not recognised by the fact that Travelise Media e.K. does not object to them or provides its service without objection.

§ 2 Conclusion of a contract


(1) The placing of an online advertising order by the Principal shall be in writing, by e-mail or by telephone. The online advertising order, irrespective of its form of transmission, is only effective if it is confirmed and thereby accepted by Travelise Media e.K. in writing or by e-mail.
(2) If an advertising agency or other advertising intermediary (hereinafter referred to as "advertising intermediary") acts as an intermediary for a Principal, the Principal must be named and a valid address must be provided. Travelise Media e.K. is entitled to demand a valid proof of mandate between the Principal and the advertising intermediary. In case of doubt, the online advertising order shall be concluded with the advertising intermediary.

§ 3 Power of refusal


(1) All offers made by Travelise Media e.K. are non-binding. Travelise Media e.K. is free to accept or reject an online advertising order from the Principal.
(2) Travelise Media e.K. also reserves the right to refuse or block online advertising orders and individual retrievals within the scope of an online advertising order if their content violates laws, rights or official regulations or has been objected to by the German Advertising Council in a complaint procedure or their publication is unreasonable for Travelise Media e.K. due to their content, origin or technical form. Advertising media which, due to their format or presentation, give the reader the impression that they are part of the online medium or which contain third-party advertisements will not be accepted.
(3) Travelise Media e.K. will notify the Principal of the rejection or blocking of an online advertising order as well as individual retrievals.
(4) In the event of the blocking of an online advertising order as well as individual retrievals, the Principal shall be entitled to provide Travelise Media e.K. with a modified version of the advertising material to be placed, in particular a modification of its motif or the target URL to be linked to, within the deadlines set by Travelise Media e.K.. The Principal shall bear any additional costs incurred in this respect. If the Principal is unable to submit the amended version in good time, Travelise Media e.K. shall retain the right to the agreed remuneration even if the advertising material is not placed. The Principal reserves the right to provide evidence of significantly lower damages.
(5) Advertising and other publicity must be clearly identified as advertising by the Principal. If the Principal fails to make such advertising clearly recognisable, Travelise Media e.K. shall make the corresponding advertising clearly recognisable; additional costs shall be borne by the Principal.

§ 4 Guarantee of rights


(1) The Principal warrants that he holds all rights necessary for the placement of the advertising material. The Principal is responsible for the content and legal admissibility of the advertising material. Travelise Media e.K. is not obliged to check the advertising material for possible legal infringements.
(2) The Principal shall indemnify Travelise Media e.K. against all claims by third parties which may arise due to the infringement of legal provisions (in particular competition, trademark, copyright or personal rights), unless the Principal is not responsible for the infringement. Furthermore, the Principal shall indemnify Travelise Media e.K. against the costs of a reasonable legal defence. The Principal shall support Travelise Media e.K. in good faith with information and documents in its legal defence against third parties.
(3) The Principal shall transfer to Travelise Media e.K. all rights of use under copyright and ancillary copyright law necessary for the execution and use of the advertising media in the online medium, in particular the right to reproduce, distribute, transmit, broadcast, make publicly available, publicly reproduce, process, extract from a database and retrieve, in terms of time, place and content, to the extent necessary for the execution of the online advertising order. The aforementioned rights entitle the Customer to place the advertisement using all known technical processes and all known media forms. The Principal shall also transfer to Travelise Media e.K. all aforementioned rights to publish the advertising media on platforms comparable to the online medium, such as social media channels including Facebook, Twitter and Instagram.

§ 5 Price


(1) The price lists valid at the time of conclusion of the online advertising order shall apply. The price refers to the publication of the advertising material upon delivery of a fully designed and printable digital advertising template in accordance with the request of Travelise Media e.K.. Costs for the production of advertising material as well as for changes to the advertising material requested by the Principal or for which the Principal is responsible shall be borne by the Principal.
(2) Advertising intermediaries are obliged to adhere to the Travelise Media e.K. price lists in their offers, contracts and settlements with the Principal. An agent's fee granted by Travelise Media e.K. may not be passed on to the Principal, either in whole or in part. It is pointed out that the advertising intermediaries must disclose this fact to the Principals.

§ 6 Invoicing


(1) Invoicing in Euro shall take place immediately after publication of the Advertising Media, unless otherwise agreed by contract.
(2) Payment shall be made within 10 days of receipt of the invoice.
(3) Payments shall be made to: Travelise Media e.K. and the bank details stated on the invoice.
(4) Objectively justified doubts about the Principal's ability to pay entitle Travelise Media e.K. to make publication of the advertising material dependent on advance payment of the applicable price. This also applies during the term of an online advertising order, which involves the publication of several advertising media, including successive ones, so that Travelise Media e.K. can make the publication of further advertising media dependent on the advance payment of the applicable price and the immediate settlement of outstanding invoice amounts, even after the publication of the first advertising medium.
(5) Offsetting and rights of retention can only be exercised by the Principal if his counterclaims are undisputed or have been legally established. In the event of late payment, the collection costs incurred as well as statutory interest on arrears will be charged or, should these be higher, customary bank interest on loans. If Travelise Media e.K. agrees to a deferment of payment, at least the usual bank interest and collection costs incurred will be charged. The assertion of further damages remains unaffected. In the event of late payment, Travelise Media e.K. may defer further execution of the current online advertising order until payment has been made and demand advance payment for the remaining publication.

§ 7 Liability


Travelise Media e.K. is only liable, irrespective of the legal grounds, for intentional or grossly negligent behaviour on the part of its legal representatives or vicarious agents. Liability on the merits is limited to foreseeable damage typical of the contract. The same applies to personal liability of the legal representatives, vicarious agents or assistants. The above limitations do not apply to damages arising from injury to life, limb or health or to foreseeable damages typical of the contract arising from the breach of material contractual obligations; material contractual obligations are obligations whose fulfilment is essential to the proper performance of the online advertising order and on whose compliance the Principal may regularly rely.

§ 8 Cancellation and amendment of online advertising orders


(1) The cancellation of an online advertising order by the Principal is excluded.
(2) The Principal has no right to change the online advertising order. Insofar as Travelise Media e.K. agrees to a change in individual cases, the additional costs caused by the change shall be borne by the Principal. § 3(4) and § 10(4) of these GTC remain unaffected.

§ 9 Appearance of the advertisement, position of the advertisement


(1) Travelise Media e.K. is entitled to change the online medium as well as its design. If the deviation is insignificant, the online advertising order shall not be affected. In the event of significant deviations, the Principal is entitled to cancel his online advertising order. The Principal shall have no claims in this case, in particular no claim for reimbursement of expenses.
(2) The Principal has no claim to a specific placement of his online advertising order, unless otherwise expressly agreed.
(3) Travelise Media e.K. is entitled to have the services owed by it provided by subcontractors.
(4) Travelise Media e.K. will place the advertising medium on the online medium for a period of 12 months from initial publication, unless otherwise expressly agreed.

§ 10 Advertising media, drafts, necessary documents


(1) The Principal alone is responsible for the timely delivery of the advertisement template within the period agreed with Travelise Media e.K. and the flawless quality of the other advertising material documents or other advertising material in accordance with the specifications of Travelise Media e.K..
(2) In order to coordinate the digitally delivered documents, Travelise Media e.K. requires the questionnaire completed and uploaded in the form of a web form with all information to be published as well as a listing of the corresponding image material and the documents provided.
(3) The sending of non-coordinated digitally delivered documents, the failure to deliver the advertising material documents on time and/or the request for a reproduction that deviates from the original may have an impact on placement and quality and preclude later complaints by the Principal that are due to this. Travelise Media e.K. reserves the right to charge for any additional costs incurred. Travelise Media e.K. may request immediate replacement for recognisably unsuitable or damaged advertising material.
(4) Acceptance of the publication by the Principal does not take place. Prior to publication, Travelise Media e.K. may send the Principal a link to the target address of which the advertising material can be called up for review and possible correction. The sending of the link is at the discretion of Travelise Media e.K.. Travelise Media e.K. assumes no liability for the access of the link by the Principal. The Principal may make corrections to the advertising material himself/herself or notify Travelise Media e.K. of corrections within the period notified by Travelise Media e.K. at the target address of the link. The Principal shall be responsible for the correctness of the corrections returned and the corrections made by him/herself. If the Principal does not return corrections by the deadline (receipt by Travelise Media e.K.) or does not make the corrections himself/herself by the deadline, approval for publication shall be deemed to have been granted.
(5) Travelise Media e.K. will retain the advertising material for three months after the first distribution of the advertisement.
(6) Information provided by Travelise Media e.K. on the publication date of the advertisement is non-binding.

§ 11 Warranty by Travelise Media e.K.


(1) Travelise Media e.K. guarantees the quality usual for the online medium within the scope of the possibilities given by the advertising material. Slight deviations in colour and tonal value from the advertising material are due to the publication process and do not constitute a defect. A specific content of the online medium is not owed within the framework of the online advertising order. Defects in the content of the online medium therefore do not constitute a defect in the online advertising order.
(2) Travelise Media e.K. will endeavour to provide access to the online medium 24 hours a day for the duration of the online advertising order. However, Travelise Media e.K. reserves the right to temporarily interrupt the online medium and service or parts of the service, for example to carry out necessary maintenance work on the system.
(3) If the published advertising medium is wholly or partially illegible, incorrect or incompletely published, the Principal is entitled to rectification of the advertising medium, but only to the extent that the purpose of the advertising medium has been impaired. Travelise Media e.K. has the right to refuse rectification if this would require an effort that is grossly disproportionate to the Principal's interest in performance or if this would only be possible for Travelise Media e.K. at disproportionate cost. If Travelise Media e.K. fails to remedy the defect within a reasonable period of time or if the remedy is again not faultless, the Principal is entitled to a reduction in payment or cancellation of the online advertising order. Cancellation of the online advertising order is excluded in the case of insignificant defects in the advertising material. A warranty by Travelise Media e.K. shall not apply if and insofar as the defect in the publication is due to a defect in the order templates supplied by the Principal. The Principal shall be subject to the obligations under commercial law to examine and give notice of defects.
(4) Claims of the Principal due to defects shall become statute-barred within one year of the statutory commencement of the limitation period.
(5) Travelise Media e.K. shall be released from the obligation to fulfil the order in the event of force majeure (e.g. lawful labour disputes and/or labour disputes for which Travelise Media e.K. is not responsible, confiscation, traffic disruptions, general shortage of raw materials or energy, operational disruptions and the like). Claims for damages do not exist for this reason.
(6) Travelise Media e.K. shall not be liable for transmission errors by the Principal in the case of orders, changes or specifications placed by telephone.

§ 12 Miscellaneous


(1) The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Should one of the provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of a loophole.
(3) Subsequent amendments to these GTC must be made in writing. This also applies to a waiver of the written form requirement.
(4) Place of performance for payment and publication of the advertising material is Cologne. The exclusive place of jurisdiction is Cologne.
(5) Notice pursuant to the German Consumer Dispute Settlement Act (VSBG)
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Data protection


The online advertising order is processed in compliance with the applicable data protection regulations.

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