1 General, scope, subject matter of contract
1.1 The General Terms and Conditions (GTC) shall apply to all business relationships or orders for agency services concluded between lokalstolz (PTY) Ltd. (hereinafter "lokalstolz") and its customers (hereinafter "Customer"). They shall only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. 1.2 Unless otherwise agreed, the GTC in the version valid at the time of the order or in any case in the version last notified to the Client in text form shall also apply as a framework agreement for similar future transactions without reference to them in each individual case. 1.3 The GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as lokalstolz has expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example even if lokalstolz executes the order to the customer without reservation in the knowledge of the customer's general terms and conditions. 1.4 Individual agreements made with the customer in individual cases (including subsidiary agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be a prerequisite for proof of the content of an individual agreement. 1.5 Declarations to be made by the customer to lokalstolz after conclusion of the contract (e.g. setting of deadlines, notices of defects, declaration of withdrawal) shall require text form in order to be effective.
2. Formation of contracts, parts of the contract and amendments to the contract
2.1 Offers by lokalstolz are subject to change and non-binding unless they are expressly designated as binding. 2.2 The customer may accept offers made by lokalstolz in writing. 2.2 The customer may submit an offer request (hereinafter "offer request") to lokalstolz by e-mail, fax, post or verbally. The customer's request for an offer does not constitute an offer. lokalstolz shall then submit an offer to the customer by e-mail, fax, post or verbally (hereinafter "offer"). The customer can accept the offer by e-mail, fax, post or verbally within four weeks of receipt. 2.3 The basis for the agency work and part of the contract is, in addition to the project contract and its appendices, the briefing to be handed over to lokalstolz by the customer. If the briefing is communicated by the customer to lokalstolz verbally or by telephone, lokalstolz shall prepare a re-briefing on the content of the briefing which shall be handed over to the customer within 5 working days after the verbal or telephone communication. This re-briefing shall become a binding part of the contract if the customer does not object to this re-briefing within 5 working days. 2.4 Any amendment and/or supplement to the contract and/or its components and/or the scope of services must be made in writing. Any resulting additional costs shall be borne by the customer. 2.5 Events of force majeure shall entitle lokalstolz to postpone the project commissioned by the customer for the duration of the hindrance and a reasonable start-up period. A claim for damages by the customer against lokalstolz shall not result from this. This shall also apply if important deadlines and/or events for the customer cannot be met and/or do not occur as a result.
3. Copyright and rights of use
3.1 Upon full payment of the agreed fee, the customer shall acquire the rights of use to all works produced by lokalstolz within the scope of this order for the contractually agreed duration and to the contractually agreed extent. This transfer of rights of use shall apply insofar as a transfer is possible under South African law and shall apply to the agreed use in the territory of the Republic of South Africa. Uses beyond this territory require a written agreement within the scope of the order or a separate written supplementary agreement. 3.2 Rights of use to works which have not yet been paid for at the end of the contract shall remain with lokalstolz subject to any other agreements made. 3.3 The services developed within the scope of the order are protected as intellectual creations by copyright law. These are in particular concepts, designs, graphics, drawings, texts and other documents. 3.4 lokalstolz shall be entitled to sign the advertising material developed by it appropriately and in accordance with customary practice in the industry and to publish the order placed for its own advertising. This signing and advertising use may be excluded by a corresponding separate agreement between lokalstolz and the customer. 3.5 The work of lokalstolz may not be altered by the customer or third parties commissioned by the customer, neither in the original nor in the reproduction. Any imitation, even of parts of the work, is not permitted. In the event of infringement lokalstolz shall be entitled to an additional fee from the customer of at least 2.5 times the amount of the originally agreed fee. All works, templates and concepts created by lokalstolz for the entire product range "Content Packages" (e.g. Simple Box, Double Pack etc.) may not be used or reproduced by the customer or third parties commissioned by the customer after termination of the contract. This also applies if lokalstolz works as a sub-service provider and the customer is an intermediary agency or other service provider. In the event of infringement lokalstolz shall be entitled to an additional fee from the customer of at least 4.5 times the amount of the originally agreed concept & strategy fee. 3.6 The transfer of granted rights of use to third parties and/or multiple uses shall be subject to a fee, unless regulated in the initial order, and shall require the consent of lokalstolz. 3.7 lokalstolz shall be entitled to information about the scope of use. 3.8 All working documents, electronic data and recordings produced by lokalstolz within the scope of the order shall remain with lokalstolz. The customer cannot demand the surrender of these documents and data. Upon payment of the agreed fee, lokalstolz shall owe the agreed service, but not the intermediate steps leading to this result in the form of sketches, drafts, production data etc.
4. Remuneration
4.1. The remuneration agreed in the contract shall apply. Unless otherwise agreed in the contract, payments shall be due within 14 days of invoicing and performance of the service without any deductions. However, even within the framework of ongoing business relations lokalstolz is entitled at any time to perform a service in whole or in part only against advance payment. lokalstolz shall declare a corresponding reservation at the latest with the order confirmation. 4.2. 4.2 Upon expiry of the aforementioned payment period, the customer shall be in default. During the period of default, interest shall be charged on the price at the statutory default interest rate applicable at the time. lokalstolz reserves the right to claim further damages for default. The claim to the commercial due date interest rate vis-à-vis merchants remains unaffected. 4.3 If the development of the agreed services extends over a longer period of time, lokalstolz may invoice the customer for part payments for the partial services already rendered. These partial services do not have to be available in a form which can be used by the customer and may also be available as a pure working basis on the part of lokalstolz. 4.4 All prices stated in offers and orders and the resulting amounts to be paid are exclusive of the legally valid value added tax at the respective applicable rate. 4.5. lokalstolz is also entitled to refuse performance if the financial circumstances of the customer deteriorate significantly prior to the conclusion of the contract and lokalstolz only becomes aware of this after the conclusion of the contract despite careful examination (e.g. due to an application for the opening of insolvency proceedings). 4.6 The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established, is undisputed or has been recognised by us. The customer may only exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
5. Cancellation of orders
5.1. In the event of changes or cancellation of orders, work and the like by the customer and/or if the prerequisites for the provision of services change, the customer shall reimburse lokalstolz for all costs incurred as a result and shall indemnify lokalstolz from any liabilities towards third parties. 5.2. In the event of cancellation of an order, the customer undertakes to pay, in accordance with the breakdown below, part of the agreed gross remuneration as well as the agreed gross additional costs as compensation:
- after conclusion of the contract = 10%
- after conclusion of the contract 12 to 8 weeks before the start of the order = 25%
- after conclusion of the contract 8 to 4 weeks before the start of the order = 50%
- after conclusion of the contract 4 to 2 weeks before the start of the order = 75%
- after conclusion of the contract 2 weeks or more before the start of the order = 100%
5. 3. in the case of orders for the planning, implementation and accompaniment of events, the deadlines stated here refer to the date of the event instead of the start of the order. 5.4 The basis for calculating the cancellation fees is the net offer price, taking into account any discounts or special agreements. 5.5 Cancellation of an order shall require text form.
6. Additional services
Unforeseeable additional expenditure shall require mutual agreement and, if necessary, subsequent charging.
7. Duty of confidentiality
lokalstolz and the customer shall treat business and trade secrets of the respective other party and information received from the respective other party which is not publicly accessible as confidential. lokalstolz undertakes to oblige both its employees and third parties engaged by it to maintain absolute confidentiality in the same manner.
8. Services and cooperation obligations of the customer
8.1 The customer shall be obliged to provide lokalstolz with the data, documents, product information and templates essential and required for the provision of services for strictly confidential treatment. All working documents shall be treated with care by lokalstolz, protected from access by third parties, used only for the preparation of the respective order and shall be returned to the customer after completion of the order. 8.2 Insofar as the customer provides lokalstolz with templates for use in the design of advertising measures, he assures that he is entitled to hand over and use these templates. 8.3 The customer shall ensure that all necessary and/or all cooperation of the customer or his vicarious agents agreed upon at the time of placing the order is provided in due time, to the required extent and free of charge for lokalstolz. 8.4 The customer shall inform the agency within a reasonable period of time, as a rule not more than five working days, whether he accepts or rejects a proposal submitted to him by the agency for the design and implementation of the measure with or without changes.
9. Warranty and liability lokalstolz
9.1 The risk of the legal admissibility of the measures devised and implemented by lokalstolz shall be borne by the customer. This applies in particular in the event that the actions and measures violate regulations of competition law, copyright and special advertising laws. lokalstolz is, however, obliged to point out legal risks if it becomes aware of them in the course of its activities. 9.2 The customer shall indemnify lokalstolz against claims of third parties if lokalstolz has acted at the express request of the customer although it has notified the customer of concerns with regard to the permissibility of the measures. The notification of such concerns by lokalstolz to the customer must be made in text form immediately after becoming known. If lokalstolz considers an examination under competition law by a particularly competent person or institution to be necessary for a measure to be carried out, the costs for this shall be borne by the customer after consultation with lokalstolz. 9.3. lokalstolz shall not be liable under any circumstances because of the factual statements about the products and services of the customer contained in the advertising measures. lokalstolz shall also not be liable for the patent, copyright and trademark protection or registrability of the ideas, suggestions, proposals, concepts and drafts supplied within the scope of the order. 9.4 lokalstolz shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. Damage caused by computer failures or transmission faults when sending e-mails or by viruses shall not be classified as gross negligence. 9.5 Liability for slight negligence is limited to the breach of an essential contractual obligation, limited to compensation for the foreseeable, typically occurring damage, which regularly does not exceed twice the invoice amount of the relevant service, but not more than ZAR 100,000.00. 9.6. The exclusion and/or limitation of liability shall not apply to damages resulting from injury to life, body or health. 9.7 The limitations of liability according to sections 9.1 - 9.3 shall not apply insofar as lokalstolz has fraudulently concealed a defect or the customer has claims under the Product Liability Act. 9.8 Liability shall also be excluded in cases of force majeure and in the event of technical difficulties outside lokalstolz's sphere of influence and responsibility. 9.9 Insofar as the liability of lokalstolz is excluded or limited, this shall also apply to the personal liability of lokalstolz's employees, workers, representatives and vicarious agents.
10. Events
10.1. lokalstolz does not act as organiser, unless expressly agreed otherwise in writing. As organiser, the customer shall assume responsibility for all liability matters vis-à-vis everyone. 10.2 The customer (organiser) is obliged to comply with all requirements according to the Ordinance on the Construction and Operation of Places of Assembly. 10.3 The customer (organiser) undertakes to take out an organiser's liability insurance for personal injury and property damage relating to the day of the event or to submit a corresponding policy. 10.4. lokalstolz reserves the right to establish conditions of participation for booked events in individual cases and to make the admission of a participant dependent on an express declaration of consent to such conditions of participation.
11. Collecting societies
The customer undertakes to pay any fees incurred to collecting societies such as Gema. If these fees are disbursed by lokalstolz, the customer undertakes to reimburse lokalstolz against proof. This can also be done after termination of the contractual relationship.
12. Services of third parties
12.1. lokalstolz shall be entitled to engage third parties for the performance of all services even without the express consent of the customer. Freelancers or third parties engaged by lokalstolz are vicarious agents of lokalstolz. 12.2 The customer is informed that when awarding a contract in the artistic, conceptual and advertising consulting field to a non-legal person, an artists' social security contribution is to be paid. This levy may not be deducted by the client from the agency invoice. The client shall be responsible and liable for compliance with the obligation to register and pay the levy.
13. Media planning and media implementation
13.1. lokalstolz shall carry out commissioned projects in the field of media planning to the best of its knowledge and belief on the basis of the media documents available to it and generally accessible market research data. lokalstolz does not owe the customer any specific advertising success as a result of these services. 13.2. lokalstolz undertakes to take into account all benefits, special conditions and discounts in the sense of the client in the Media placement and to pass these on to the client. 13.3 In the case of extensive Media services, lokalstolz is entitled, after consultation, to invoice the customer for a certain proportion of the third-party costs and to make the booking in the corresponding Media only after receipt of payment. lokalstolz shall not be liable for any non-compliance with a switching date due to late receipt of payment. A claim for damages by the customer against lokalstolz does not arise from this.
14. Contract period, notice periods
14.1 The contract is concluded for the contract period stated in the contract. 14.2 If the contract is concluded for an indefinite period, it may be terminated by either party with three months' notice to the end of the month. If the contract is a term contract (period) and concluded for an indefinite period, it may be terminated by either party with three months' notice to the end of the period. The ordinary termination of an order already placed is not possible for either party. 14.3 The right to terminate without notice for good cause shall remain unaffected by this provision. 14.4 Any termination shall be in text form.
15. Assignment
The customer may only assign claims arising from the contract with the prior written consent of lokalstolz and only insofar as the interests of lokalstolz are not unreasonably impaired thereby.
16. Duty to provide information pursuant to the Consumer Dispute Resolution Act
lokalstolz is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. This shall not affect the possibility of dispute resolution by a consumer arbitration board in the context of a specific dispute with the consent of both contracting parties.
17. Applicable Law, Place of Jurisdiction, Final Provisions
17.1 These GTC and all relations between lokalstolz and the customer shall be governed exclusively by the law of the Republic of South Africa (RSA) to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Sales Convention. 17.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the court responsible for the registered office of lokalstolz. The same shall apply if the purchaser is an entrepreneur. lokalstolz shall, however, also be entitled in all cases to bring its claims against the customer at the customer's general place of jurisdiction. 17.3 Overriding statutory provisions, in particular those relating to exclusive jurisdiction, shall remain unaffected. 17.4 Should a provision of these GTC not become part of the contract in whole or in part or be or become invalid, the remainder of the contract shall remain valid.
As of: 01.01.2023
1 General, scope, subject matter of contract
1.1 The General Terms and Conditions (GTC) shall apply to all business relationships or orders for agency services concluded between lokalstolz GmbH (hereinafter "lokalstolz") and its customers (hereinafter "Customer"). They shall only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. 1.2 Unless otherwise agreed, the GTC in the version valid at the time of the order or in any case in the version last notified to the Client in text form shall also apply as a framework agreement for similar future transactions without reference to them in each individual case. 1.3 The GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become an integral part of the contract if and to the extent that lokalstolz has expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example even if lokalstolz executes the order to the customer without reservation in the knowledge of the customer's general terms and conditions. 1.4 Individual agreements made with the customer in individual cases (including subsidiary agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation is a prerequisite for proof of the content of an individual agreement. 1.5 Declarations to be made by the customer to lokalstolz after conclusion of the contract (e.g. setting of deadlines, notices of defects, notice of withdrawal) must be made in text form in order to be effective.
2. Formation of Contracts, Contractual Components and Amendments to the Contract
2.1 Offers by lokalstolz are subject to change and non-binding unless they are expressly designated as binding. 2.2 The customer can send lokalstolz an offer request (hereinafter "offer request") by e-mail, fax, post or verbally. The customer's request for an offer does not constitute an offer. lokalstolz shall then submit an offer to the customer by e-mail, fax, post or verbally (hereinafter "offer"). The customer may accept the offer by e-mail, fax, post or verbally within four weeks of receipt. 2.3 The basis for the agency work and part of the contract is, in addition to the project contract and its appendices, the briefing to be handed over to lokalstolz by the customer. If the briefing is communicated by the customer to lokalstolz verbally or by telephone, lokalstolz shall prepare a re-briefing on the contents of the briefing which shall be handed over to the customer within 5 working days after the verbal or telephone communication. This re-briefing shall become a binding part of the contract if the customer does not object to this re-briefing within 5 working days. 2.4 Any amendment and/or supplement to the contract and/or its components and/or the scope of services must be made in writing. Any resulting additional costs shall be borne by the customer. 2.5 Events of force majeure shall entitle lokalstolz to postpone the project commissioned by the customer for the duration of the hindrance and a reasonable start-up period. A claim for damages by the customer against lokalstolz shall not result from this. This shall also apply if important deadlines and/or events for the customer cannot be met and/or do not occur as a result.
3. Copyright and rights of use
3.1 Upon full payment of the agreed fee, the customer shall acquire the rights of use to all works produced by lokalstolz within the scope of this order for the contractually agreed duration and to the contractually agreed extent. This transfer of rights of use shall apply insofar as a transfer is possible under German law and shall apply to the agreed use in the territory of the Federal Republic of Germany. Uses beyond this territory require a written agreement within the scope of the order or a separate written subsidiary agreement. 3.2 Rights of use to works which have not yet been paid for at the end of the contract shall remain with lokalstolz subject to any other agreements made. 3.3 The services developed within the scope of the order are protected as intellectual creations by copyright law. These are in particular concepts, designs, graphics, drawings, texts and other documents. 3.4 lokalstolz shall be entitled to sign the advertising material developed by it appropriately and in accordance with customary practice in the industry and to publish the order placed for its own advertising. This signing and advertising use may be excluded by a corresponding separate agreement between lokalstolz and the customer. 3.5 The work of lokalstolz may not be altered by the customer or third parties commissioned by the customer, neither in the original nor in the reproduction. Any imitation, even of parts of the work, is not permitted. In case of infringement lokalstolz shall be entitled to an additional fee from the customer of at least 2.5 times the amount of the originally agreed fee. All works, templates and concepts created by lokalstolz for the entire product range "Content Packages" (e.g. Simple Box, Double Pack etc.) may not be used or reproduced by the customer or third parties commissioned by the customer after termination of the contract. This also applies if lokalstolz works as a sub-service provider and the customer is an intermediary agency or other service provider. In the event of infringement lokalstolz shall be entitled to an additional fee from the customer of at least 4.5 times the amount of the originally agreed concept & strategy fee. 3.6 The transfer of granted rights of use to third parties and/or multiple uses shall be subject to a fee, unless regulated in the initial order, and shall require the consent of lokalstolz. 3.7 lokalstolz shall be entitled to information about the scope of use. 3.8 All working documents, electronic data and recordings produced by lokalstolz within the scope of the order shall remain with lokalstolz. The customer cannot demand the surrender of these documents and data. Upon payment of the agreed fee, lokalstolz shall owe the agreed service, but not the intermediate steps leading to this result in the form of sketches, drafts, production data, etc. The customer shall not be entitled to demand the surrender of these documents and data.
4. Remuneration
4.1 The remuneration agreed in the contract shall apply. Unless otherwise agreed in the contract, payments shall be due within 14 days of invoicing and performance of the service without any deductions. However, even within the framework of ongoing business relations lokalstolz is entitled at any time to perform a service in whole or in part only against advance payment. lokalstolz shall declare a corresponding reservation at the latest with the order confirmation. 4.2. 4.2 Upon expiry of the aforementioned payment period, the customer shall be in default. During the period of default, interest shall be charged on the price at the statutory default interest rate applicable at the time. lokalstolz reserves the right to claim further damages for default. The claim to the commercial due date interest (§ 353 HGB) vis-à-vis merchants remains unaffected. 4.3 If the development of the agreed services extends over a longer period of time, lokalstolz may invoice the customer for part payments for the partial services already rendered. These partial services do not have to be available in a form which can be used by the customer and can also be available as a pure working basis on the part of lokalstolz. 4.4 All prices stated in offers and orders and the resulting amounts to be paid are exclusive of the legally valid value added tax at the respective applicable rate. 4.5 lokalstolz is also entitled to refuse performance pursuant to § 321 BGB (German Civil Code) if the financial circumstances of the customer deteriorate significantly prior to the conclusion of the contract and lokalstolz only becomes aware of this after the conclusion of the contract despite careful examination (e.g. due to an application for the opening of insolvency proceedings). 4.6 The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established, is undisputed or has been recognised by us. The customer may only exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
5. Cancellation of orders
5.1 In the event of changes or cancellation of orders, work and the like by the customer and/or if the prerequisites for the provision of services change, the customer shall reimburse lokalstolz for all costs incurred as a result and shall indemnify lokalstolz from any liabilities towards third parties. 5.2 In the event of cancellation of an order, the customer undertakes to pay part of the agreed gross remuneration and the agreed gross additional costs as compensation in accordance with the breakdown below:
- after conclusion of the contract = 10%
- after conclusion of the contract 12 to 8 weeks before the start of the contract = 25%
.
- after conclusion of the contract 8 to 4 weeks before the start of the contract = 50%
.
- after conclusion of the contract 4 to 2 weeks before the start of the contract = 75%
.
- after conclusion of the contract 2 weeks or more before the start of the contract = 100%
.
5.3 In the case of orders for the planning, implementation and monitoring of events, the deadlines stated here refer to the date of the event instead of the start of the order. 5.4 The basis for calculating the cancellation fees shall be the net offer price, taking into account any discounts or special agreements. 5.5 Cancellation of an order must be made in writing.
6. Additional services
Unforeseeable additional expenditure requires mutual agreement and, if necessary, subsequent charging.
7. Duty of confidentiality
lokalstolz and the customer shall treat business and trade secrets of the respective other party and information which they have received from the respective other party and which is not publicly accessible as confidential. lokalstolz undertakes to oblige both its employees and third parties engaged by it to maintain absolute silence in the same manner.
8. Services and cooperation obligations of the customer
8.1 The customer shall be obliged to provide lokalstolz with the data, documents, product information and templates essential and required for the performance of the service for strictly confidential treatment. All working documents shall be treated with care by lokalstolz, protected from access by third parties, used only for the preparation of the respective order and shall be returned to the customer after completion of the order. 8.2 Insofar as the customer provides lokalstolz with templates for use in the design of advertising measures, he assures that he is entitled to hand over and use these templates. 8.3 The customer shall ensure that all necessary and/or all cooperation of the customer or his vicarious agents agreed upon at the time of placing the order is provided in due time, to the required extent and free of charge for lokalstolz. 8.4 The customer shall notify the Agency within a reasonable period of time, as a rule no more than five working days, whether he accepts or rejects a proposal submitted to him by the Agency for the design and implementation of the measure with or without changes.
9. warranty and liability lokalstolz
.
9.1 The risk of the legal admissibility of the measures developed and implemented by lokalstolz shall be borne by the customer. This applies in particular in the event that the actions and measures violate regulations of competition law, copyright law and special advertising laws. lokalstolz is, however, obliged to point out legal risks if it becomes aware of these in the course of its activities. 9.2 The customer shall indemnify lokalstolz against claims of third parties if lokalstolz has acted at the express request of the customer although it has notified the customer of concerns with regard to the permissibility of the measures. The notification of such concerns by lokalstolz to the customer must be made in text form immediately after becoming known. If lokalstolz considers an examination under competition law by a particularly competent person or institution to be necessary for a measure to be carried out, the costs for this shall be borne by the customer after consultation with lokalstolz. 9.3. lokalstolz shall under no circumstances be liable for factual statements about the products and services of the customer contained in the advertising measures. lokalstolz shall also not be liable for the patent, copyright and trademark protection or registrability of the ideas, suggestions, proposals, concepts and drafts supplied within the scope of the order. 9.4 lokalstolz shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. Damage caused by computer failures or transmission faults when sending e-mails or by viruses shall not be classified as gross negligence. 9.5 Liability for slight negligence is limited to the breach of an essential contractual obligation, limited to compensation for the foreseeable, typically occurring damage, which regularly does not exceed twice the invoice amount of the relevant service, but not more than € 10,000.00. 9.6. The exclusion and/or limitation of liability shall not apply to damages resulting from injury to life, body or health. 9.7 The limitations of liability pursuant to sections 9.1 - 9.3 shall not apply insofar as lokalstolz has fraudulently concealed a defect or the customer has claims under the Product Liability Act. 9.8 Liability shall also be excluded in cases of force majeure and in the event of technical difficulties outside lokalstolz's sphere of influence and responsibility. 9.9 Insofar as the liability of lokalstolz is excluded or limited, this shall also apply to the personal liability of lokalstolz's employees, representatives and vicarious agents.
10. Events
10.1. Unless expressly agreed otherwise in writing, lokalstolz does not act as organiser. As organiser, the customer shall assume responsibility for all liability matters vis-à-vis everyone. 10.2 The customer (organiser) is obliged to comply with all requirements according to the Ordinance on the Construction and Operation of Places of Assembly (Versammlungsstättenverordnung -VstättVO-) of 28 April 2004. 10.3 The customer (organiser) undertakes to take out an organiser's liability insurance for personal injury and property damage relating to the day of the event or to submit a corresponding policy. 10.4. lokalstolz reserves the right to impose conditions of participation for booked events in individual cases and to make the admission of a participant dependent on an express declaration of consent to such conditions of participation.
11. Collecting societies
The customer undertakes to pay any fees due to collecting societies such as Gema. If these fees are disbursed by lokalstolz, the customer undertakes to reimburse lokalstolz against proof. This can also be done after termination of the contractual relationship.
12. Third Party Services
12.1. lokalstolz is entitled to commission third parties to perform all services even without the express consent of the customer. Freelancers or third parties engaged by lokalstolz are vicarious agents of lokalstolz. 12.2 The customer is informed that when awarding a contract in the artistic, conceptual and advertising consulting field to a non-legal person, an artists' social security contribution must be paid to the artists' social security fund. This levy may not be deducted from the agency invoice by the client. The client is responsible for compliance with the obligation to register and pay the levy.
13. Media planning and media execution
13.1 lokalstolz shall carry out commissioned projects in the field of media planning to the best of its knowledge and belief on the basis of the media documents available to it and generally accessible market research data. lokalstolz does not owe the customer any specific advertising success as a result of these services. 13.2. lokalstolz undertakes to take into account all benefits, special conditions and discounts in the sense of the client in the Media placement and to pass these on to the client. 13.3 In the case of extensive Media services, lokalstolz is entitled, after consultation, to invoice the customer for a certain proportion of the third-party costs and to make the booking in the corresponding Media only after receipt of payment. lokalstolz shall not be liable for any non-compliance with a switching date due to late receipt of payment. A claim for damages by the customer against lokalstolz shall not arise from this.
14. duration of contract, periods of notice
14.1 The contract is concluded for the contract period stated in the contract. 14.2 If the contract is concluded for an indefinite period, it may be terminated by either party with three months' notice to the end of the month. If the contract is a term contract (period) and concluded for an indefinite period, it may be terminated by either party with three months' notice to the end of the period. The ordinary termination of an order already placed is not possible for either party. 14.3 The right to terminate without notice for good cause shall remain unaffected by this provision. 14.4 Any termination must be in text form.
15. Assignment
The customer may only assign claims arising from the contract with the prior written consent of lokalstolz and only insofar as the interests of lokalstolz are not unreasonably impaired thereby.
16. Duty to inform according to the Consumer Dispute Resolution Act
.
lokalstolz is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of Section 36 (1) of the German Consumer Dispute Resolution Act (VSBG). This does not affect the possibility of dispute resolution by a consumer arbitration board in the context of a specific dispute with the consent of both contracting parties (§ 37 VSBG).
17 Applicable law, place of jurisdiction, final provisions
17.1 These GTC and all relations between lokalstolz and the customer shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. 17.2 If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the court responsible for the registered office of lokalstolz. The same shall apply if the purchaser is an entrepreneur within the meaning of § 14 BGB (German Civil Code). lokalstolz shall, however, also be entitled in all cases to bring its claims against the customer at the customer's general place of jurisdiction. 17.3 Overriding statutory provisions, in particular on exclusive jurisdiction, shall remain unaffected. 17.4 Should a provision of these GTC not become part of the contract in whole or in part or be or become ineffective, the remainder of the contract shall remain effective. 17.5 The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) at https://ec.europa.eu/consumers/odr/.
Status: 04.08.2019
