1.1 "Advertisement Order" in terms of the following terms and conditions is the contract for the publication of one or more advertisements of an advertiser in a publication for the purpose of dissemination.
2. Ad placement
For the placement of advertisements in explicitly specified places, the publisher assumes no liability, unless the client has made the validity of his order on the placement.
3. Special types of advertisements
3.1. Text ad ads are ads that border on the text. Advertisements that are not recognizable as advertisements due to their editorial design are clearly marked as such by the publisher.
4. Order processing
4.1. The publisher reserves the right to refuse advertising orders - including individual releases within the framework of a financial statement - because of the content, the origin or the technical form according to uniform principles of the publisher. This also applies to orders placed with sales representatives.
4.2. The client is responsible for the timely delivery of the advertising text and perfect printing documents or supplements. For recognizable unsuitable or damaged printing documents, the publisher requests replacement.
4.3. In the case of advertisements, the client is liable for further developments and damage that may arise for the publisher, in particular due to press law, copyright or other legal provisions and regulations, or the publication or take-over of such. By placing an advertisement order, the advertiser commits himself to bear the costs of publishing a counter-notification relating to actual allegations of the published advertisement, in accordance with the applicable advertising tariff.
4.4. The client is responsible for the content and legal admissibility of the text and image documents provided for the insertion. The client indemnifies the publisher from claims of third parties which accrue to the publisher from the execution of the order. The publisher is not obliged to check orders and advertisements to see if they infringe the rights of third parties. If there are suspended advertisements, the client is not entitled to any claims against the publisher. The publisher is not liable for the content of advertisements: The client is obliged to check the contents of the advertisement for their legal admissibility and for a possible violation of the rights of third parties.
4.5. Photos, manuscripts and other printed material will only be returned to the client upon special request. The obligation to store ends one month after the end of the order. A liability of the publisher in the event of damage or wear of available artwork is excluded. Photographs, logos and other media which are made available to the publisher by the client for the creation of the advertiser's advertising order can also be used in other media of the publisher than the commissioner.
4.6. Publisher-designed ads are protected by copyright. Reproduction only possible with written permission. 4.7. Sample / proofs are only delivered if expressly agreed. The client bears the responsibility for the correctness of the returned proofs. If the client fails to return the proof delivered to him in due time in due time, this shall be deemed to be a granted printing permission.
4.8. If the publisher makes advertisement designs at the request of the client that are rejected by the client, the publisher calculates the equivalent value for an advertisement of the ordered size in the agreed issue as of the second change - however at least 100 euros. The amount will be credited when placing an advertisement order.
4.9. Other work, on behalf of the client, which are not part of the price list, will be charged at an hourly rate of € 50.00.
4.10 Costs for significant changes originally agreed executions, the client has to pay.
5. Advertising prices
If the price lists are changed, the new terms and conditions also apply immediately to current orders, unless another agreement has been expressly made in writing.
6. Invoice payment
6.1. If the client does not pay in advance, the invoice will be sent after publication of the advertisement. The invoice is payable net immediately after receipt without deduction.
6.2. In the event of late payment or deferral, interest of 1 per cent. H. above the applicable discount rate of the Deutsche Bundesbank and collection costs.
6.3. In the event of late payment, the publisher may defer the further execution of the current order until payment is made and demand advance payment for the remaining advertisements. Bankruptcies and compulsory settlements do away with any discount. If there is an important reason, the publishing house is entitled to make the appearance of further advertisements, regardless of an originally agreed payment term, dependent on the prepayment of the amount and the settlement of outstanding invoice amounts, even without any claims being made against the customer the publisher grow up.
6.4. The publisher delivers a bill with the invoice on special request.
7. Payment reduction
7.1. In the case of completely or partially illegible, incorrect or incomplete printing of the advertisement, the customer is entitled to a reduction in payment or a replacement advertisement, but only to the extent that the purpose of the advertisement was impaired. Further liability for the publisher is excluded. Complaints must be made within 8 days of receipt of the invoice.
7.2. If the publisher allows the deadline set for him to post a replacement advertisement or if the replacement advertisement is again not flawless, the customer has the right to a reduction in payment. Claims for damages are excluded.
7.3. The publisher assumes no liability for the electronically transmitted advertisements, neither in terms of content and form nor in terms of timely processing by the publisher. This also applies to errors resulting from telephone transmissions of any kind and for errors resulting therefrom. In addition, in commercial business, the publisher is not liable for gross negligence on the part of vicarious agents. In other cases, the liability for gross negligence towards merchants shall be limited in scope to the foreseeable damage up to the amount of the relevant advertising fee.
8. Commissions to third parties
8.1. The advertising intermediaries and advertising agencies are obliged to adhere to the price list of the publisher in their offers, contracts and billing with the advertisers. The intermediary remuneration granted by the publisher may not be passed on in full or in part to the client.
9. Claims for damages
9.1. If the publisher is responsible for the non-appearance or the improper or late appearance of the ad, without him or his vicarious intent or gross negligence to the load, a compensation for loss of profit is excluded, otherwise a possible compensation claim is limited to the Amount of the advertisement price including VAT.
9.2. In the case of force majeure, any obligation to fulfill orders and compensation for damages ceases. This also applies mutatis mutandis to labor disputes.
9.3. The contract data is stored in a data processing system, due to the legal retention periods beyond the time of the contract.
9.4. By placing the advertisement and / or insert order, the client accepts the price list and the terms and conditions of the publisher. 9.5. If the client does not object to a possibly sent order confirmation within six days, the order shall be considered as granted. The terms and conditions and price lists of the publisher are therefore considered accepted.
The Tourismus, Freizeit & Kultur GmbHKühlungsborn (hereinafter called TFK), offers at times competitions, competitions and raffles. Participation in these competitions, competitions and raffles is governed by the following terms and conditions.
The competitions, competitions and raffles are organized by the Tourismus, Freizeit & Kultur GmbHKühlungsborn, Ostseeallee 19, 18225 Ostseebad Kühlungsborn. The competitions, competitions and raffles can be carried out in cooperation with various partners.
Prerequisites for participation / Determination of the winner
Participation in the competitions, sweepstakes and raffles is free of charge and independent of the purchase of a good or service. For the determination of the winner, only participants will be considered who have completely answered the questions or entries of the competitions, competitions and raffles and who have registered with all necessary information in the respective form. In the sweepstakes and raffles, the lot decides while ensuring the random principle. In competitions, the winners will be determined by the TFK. A cash payment or transferability of the profit to other persons is excluded. The winners will be notified in writing by the TFK. If a winner does not confirm the winnings in text form (by letter, fax, e-mail) within 21 days after the notification to the TFK, the claim to the prize will expire and a replacement winner will be determined according to the same procedure. The participant is responsible for the accuracy of the given address.
All persons over the age of 18 are eligible to participate. Participation in the competition / lottery / raffle requires the truthful disclosure of the participant's personal data. Employees of TFK, its affiliates and cooperation partners, including members of the aforementioned groups, are excluded from participation. The TFK is entitled to exclude individual persons from the participation, if justified reasons, like eg. B. Violation of the conditions of participation, double participation, undue influence on the competition, manipulation, etc., are present. If necessary, in these cases profits can subsequently be withdrawn and reclaimed.
Changes to the rules of participation and termination
FK reserves the right to change the conditions of participation at any time. Furthermore, TFK reserves the right to terminate or interrupt the competition, the raffle or the raffle for good cause at any time without prior notice. This applies in particular to such reasons as would disrupt or prevent a planned course of the competition, the raffle or the raffle. If such termination is caused by the conduct of a Participant, TFK shall be entitled to demand compensation from that person for the damage incurred.
limitations of liability
The TFK is only liable for damages caused by it, its legal representatives or vicarious agents intentionally or through gross negligence or by the violation of essential duties within the scope of the competition / sweepstake / raffle (so-called cardinal obligations). Essential obligations are those whose fulfillment is necessary to achieve the objective of the competition / sweepstake / lottery. In these cases liability is limited to foreseeable, typically occurring damage.
Transfer of rights
The participant consents to the use of his name and the contributions submitted by him in words and pictures by the TFK for advertising purposes without separate remuneration.
All personal data of the participant are stored and used exclusively for the purpose of carrying out and processing the competition / raffle / lottery. The participant is free to revoke his participation at any time. The revocation has to be sent to: Tourismus, Freizeit & Kultur GmbH Kühlungsborn, Ostseeallee 19, 18225 Ostseebad Kühlungsborn
The law of the Federal Republic of Germany. Should individual provisions of the conditions of participation be or become ineffective, the validity of the remaining conditions of participation remains unaffected. In the competitions, competitions and raffles the legal recourse is excluded.