General terms and conditions
Art. 1. definitions
– Customer: The person and/or company and/or corporation requesting the activation or delivery of a service or program provided by Lechner Touristik Consulting GmbH (hereinafter LTC).
– User: The person and/or company and/or entity that is contacted by means of a Service and/or Program of LTC on behalf of the Customer and from whom Personal Data has thus been communicated to LTC.
– Order: The document that governs a Customer’s order to LTC based on these GTC and with any amendments and/or modifications. – Contract: The agreement between LTC and the Customer for the activation and/or delivery of a Service or Program of LTC, governed by the Order and these GTC;
– Company Lechner Touristik Consulting GmbH: Lechner Touristik Consulting GmbH, with registered office in 82467 Garmisch-Partenkirchen, hereinafter referred to as LTC.
Art. 2. services or programs
The company LTC currently offers services or programs, described in more detail, explained and updated on the website www.lechnerandreas.eu.
2.1 Positioning concept and business plan
In the positioning concept as well as in the business plan, a market positioning is worked out for the customer on the basis of the inputs provided by him. Depending on the contract, not only the strategic orientation but also measures and proposals for its operational implementation are elaborated. The business plan also includes a profitability calculation based on data provided by the customer or third parties. The customer acknowledges that the forecast data are only estimates made to the best of the customer’s knowledge and based on the available data, and that deviations may therefore occur.
2.2 Annual marketing plan
LTC develops a marketing plan for a period of one year after the order has been placed. The term can also be extended upon request. In this plan, LTC proposes various marketing actions based on the client’s market positioning and goals. The plan is presented to the customer, who can communicate changes. After the customer confirms the plan in writing, LTC sets the desired actions for the customer in the best possible way. The prices for advertising materials and instruments valid at the time of signing the order form or contract are listed in the Annual Marketing Plan. Prices may increase or decrease due to price variations that occur during the term. By signing these GTC, the Customer approves and accepts any price variations and confirms payment without reservation.
2.3 Marketing actions
LTC is not responsible in any way for third-party marketing activities that LTC refers to its customers. The third-party provider is thus responsible for the fulfillment of the contractually specified service. For marketing activities that LTC offers directly to its clients, LTC is only responsible for the services/results defined in the contract or order form. LTC shall not be responsible for any other services not defined in the contract. The content and/or information for the marketing campaigns is provided by the customer. LTC uses the supplied information for the creation of advertising material for the customer in case of a corresponding order. The customer is responsible for the accuracy and legality of the content and information of the advertising material. For the creation of Advertising Media, the provisions 2.12 (Maintenance) shall apply, if compatible.
LTC updates and maintains Internet pages or their contents according to the customer’s specifications after being commissioned to do so. The contents of the Website are provided by the Customer, who shall bear all responsibility in this regard and shall indemnify LTC in all cases, including against third parties.
To the extent necessary for the Service or Program, LTC shall process on behalf of the Customer the data (including personal data) of the User (see Article 5.2 Privacy) provided to LTC by the Customer, with the responsibility for proper data processing and obtaining the consent of the User remaining exclusively with the Customer.
Art. 3 Subject matter, conclusion and duration of the contract
The subject of the contract is the delivery of the services and programs specified or correlated in Art. 2, which are governed by the following General Contract Terms and Conditions, the Order Form and/or the Contract.
3.2. Contract conclusion
The contract is concluded in writing or telematically by means of an order or contract. If agreements deviating from the GTC are made in the contract/order form, those of the contract/order form shall apply. From the date of signing the order form or the contract, the customer has 5 days to withdraw from the order or the contract in writing by registered letter with a return receipt. In this case, any advance payments already made by the Customer shall be retained by the Contractor as remuneration for the services already provided or, if applicable, as a lump sum for expenses. In the event that the Customer enters into a contract with LTC verbally, LTC shall communicate the content of the contract to the Customer by e-mail or fax. If the customer does not reject the e-mail or fax within 12 hours from sending, the contract is considered concluded. When an order is placed, unless otherwise defined in the order form or contract, an A-account payment of 30% of the order total will be charged.
3.3. Contract duration
The contract is valid for one year from the date of its conclusion, unless otherwise specified in the contract or order form, and is tacitly renewed from year to year (or by the term specified in the contract or order form) unless the customer expressly terminates it by registered letter with return receipt at least 30 days before the due date.
Art. 4 Delivery of the Service or Program (Art. 2) and Payment
4.1. Hardware and software
The customer declares to know the basic hardware and software requirements, which are necessary for the correct execution and functioning of the service or program, so that they can be delivered properly and undertakes to purchase or install and configure the necessary components. LTC is entitled to change and adapt the content and functions of the services or programs (Art. 2), in particular in the event of technological developments. In the event that changes to a Service or Program affect other systems of the Customer, LTC will notify the Customer one week prior to the change. In this case, the customer has a special right of termination with a notice period of 2 weeks to the date of the change. If the changes to be made are merely bug fixes and the installation of minor new features, these will not be announced to the customer. In this case, the customer has no special right of termination. If additional functions are integrated into the provided software, LTC will notify the customer one week before the change takes effect. The customer shall only have a special right of termination if the charges incurred by the customer increase by more than 20% as a result of these new functions. In all the cases mentioned above, if the customer does not cancel or continues the service including changes, the customer accepts the price change communicated by Brandnamic.
The customer must have an Internet connection. The Internet connection must be contracted and installed by the customer with a telecommunications service provider. The Customer thus assumes all responsibility regarding any malfunction or non-use of LTC’s services and programs related to a malfunction of its own Internet line. The Customer declares to be aware of any delays in electronic mail (e-mail), thus releasing LTC from any responsibility for delays.
The agreed payment for the services and programs under Article 2, which is owed by the Customer to LTC, is set forth in the Order or the Contract. The agreed payments are to be made by the customer within 30 days from the date of invoice, unless otherwise specified in the contract or order form. Until all outstanding invoices have been paid in full, all rights to the services and/or programs delivered and arranged by LTC (Art. 2) shall remain with LTC. Additional expenses for third-party services will be charged to the Customer by LTC or the third-party service provider. Price changes, which are due to the purchase of external services, are accepted by the client in advance. Failure to make even partial payment on time will result in the immediate cessation of work on the part of LTC, or the discontinuation of services/programs (Art. 2), as well as the termination of the contract, unless waived by LTC. In the event of late payment, the statutory interest on arrears shall apply. LTC reserves the right to change the payment terms.
Art. 5. security and privacy –
Data protection 5.1.
Access to systems and programs – Information sharing
Da mittels Benutzernamen und Passwort dritte Personen Zugang zu Systemen und Programmen haben können, verpflichtet sich der Kunde, diese Zugangsdaten unter strengster Sicherheit und Sorgfalt zu verwahren und diese nicht an Dritte direkt oder indirekt weiterzugeben. LTC cannot be held responsible for any direct or indirect damage suffered by the client if such damage is caused in whole or in part by disregarding the above provisions.
5.2. Privacy – Data protection
LTC undertakes to exercise discretion in handling data and information provided to it by the Customer for the business purpose and the Customer authorizes LTC to process the data for the business purpose. For its part, the Customer undertakes to comply with all laws and regulations on data protection, privacy, postal and telecommunications. He confirms to have been informed about the processing modalities, as well as about his rights. By subscribing to the present terms and conditions, the Customer acknowledges having received and taken note of the above-mentioned information and thus, with regard to the purposes contained therein, gives his/her consent to the processing, including the communication and dissemination of his/her data by the present Owner and/or the Controller within the scope of the said information. In accordance with the Data Protection Act, LTC informs the Customer that data concerning the Customer and the User have been and will be recorded in LTC’s archive. Said data shall be required by LTC for the performance of all actions in the course of its business activities and shall be used and processed in execution of the accepted order by the Customer and the other freelance duties as well as for anonymized statistical evaluations. The communication of said data to LTC is voluntary and necessary for the performance of its mission. The Customer undertakes to obtain the User’s consent so that the User’s data can be transferred to LTC and processed. LTC shall be indemnified by the Customer in any case of dispute in this respect. With regard to the processing of data, the Customer may exercise the rights provided for in the applicable provisions of the Data Protection Act, insofar as said provisions are applicable. If the processing of the data, also concerns sensitive data in the sense of the above mentioned law, the written consent of the data subject is required. Sensitive data in the sense of the law are data related to ethnic origin, religious, philosophical or other beliefs or opinions, political views, membership or support of parties, trade unions, associations or organizations of religious, philosophical or political character, as well as personal data related to the state of health or sexual life of the person concerned. The data are also processed with the help of manual and electronic devices (computer, network) with special software while ensuring security and confidentiality as well as the safety of automation, storage and management. A communication of the data to third parties takes place exclusively on behalf of or with the consent of the person/company concerned. or of the customer.
Art. 6. responsibility – rights
6.1. Responsibility for content and data
The Customer undertakes to comply with all laws on patent and copyright and releases LTC from any liability for the content of the material supplied by it and warrants that it will not transmit any material which infringes the rights of third parties (in particular in the field of data protection, copyright and competition law) or violates provisions of the European legal order (in particular those of public order and criminal law). The customer undertakes to specify in writing the exact manner and conditions for the use of the respective material, in particular photographic material, upon delivery. If no information or specifications are provided by the customer, LTC assumes that the material can be used freely and without indicating any third party rights. The Customer may only provide LTC with addresses for mailings (in electronic or postal form) that have been lawfully acquired and may be used for this purpose. There shall be no obligation on the part of LTC to verify any intangible rights of third parties in the material provided by the Customer, except in the case of obvious infringement. Likewise, LTC assumes no liability for the content of links that have been installed on the customer’s website at the customer’s request. The customer shall hold LTC harmless in all such cases and fully discharge them. LTC shall not be liable for any claims for damages arising from directly or indirectly related litigation, in any case the Customer shall indemnify LTC in this respect. The Customer declares to be aware and fully responsible for the publication of the contents (files, messages, news, webs, images, etc.) placed on the Internet and on the respective website. Any claims of the customer beyond the remedy of defects shall be excluded, irrespective of the legal grounds, including claims arising from the breach of ancillary contractual obligations or due to consequential harm caused by a defect or indirect damage. This limitation of liability shall not apply if the claims are based on intentional or negligent acts. LTC undertakes to carry out the order to the best of its knowledge and belief, but is not liable for and does not guarantee the successful implementation of the same. The offers, services or programs prepared for the customer are intended exclusively for the customer. In the event that the Customer provides unauthorized third parties with access to such information and data, the Customer shall be subject to a penalty equal to five times the final total amount of fees and expenses owed to LTC under the Order or Contract. If, due to the fault of the Customer, third parties use LTC’s services by misusing the user names and passwords, the Customer shall be liable to LTC for usage fees and damages. The pursuit of further claims, for example under copyright law and in particular other claims for damages, shall remain unaffected in all cases. The customer warrants that the data supplied by him and made available to the user are correct and complete. The Customer undertakes to inform LTC without delay of any changes in the data provided and, upon request by LTC, to reconfirm the current accuracy within 10 days of receipt.
6.2. Responsibility of the LTC
LTC agrees to provide the Services and Programs in accordance with the Terms and Conditions and the Order or Contract and assumes no responsibility outside of these provisions. LTC is expressly not responsible for any results or services not defined in the order or contract. LTC does not assume any obligation to keep the e-mails sent to or received from the User. This obligation exists only for the customer and the user. LTC shall not be liable, except in cases of willful misconduct or gross negligence, for any direct or indirect damages suffered by customers, users or third parties arising out of the use, non-use, delays, failures, interruptions and/or malfunction of the services and/or programs. LTC assumes no liability, except in cases of intent or gross negligence, for direct and indirect damages incurred by customers or users due to manipulation or intervention not authorized by LTC. LTC shall not be liable for technical and other disruptions beyond LTC’s control (e.g. force majeure, fault of third parties or the Customer, etc.). LTC shall have the right to cite the Customer as a reference in its communication tools, unless the Customer expressly notifies LTC within 20 days of signing the Order or Contract that it does not wish to do so.
6.3. Responsibility of the customer
The Customer undertakes to the User to assume responsibility for the content of the communications sent as a result of the Services and Programs, as well as for compliance with the applicable legal provisions. LTC has no obligation to monitor the content of the communications sent by the Customer or the User, and assumes no liability for their possible illegal or immoral content, also because LTC has no obligation to delete and/or store such communications. The Customer shall indemnify LTC in this respect against any claim by third parties. Should the Customer fail to comply with LTC’s requests, or comply with them late or inadequately, LTC shall be entitled to compensation of up to 20% of the order amount as set forth in the order form and/or contract, and LTC shall be relieved of any liability whatsoever. In the event that Customer fails to provide LTC with any requested data, records or documents within the agreed upon time period, LTC shall be excused for any delays in the performance and completion of its services and programs by Customer. Due to the delays, the entire schedule of the job must be redone; i.e., the delay of the end of the project may be much longer than the period of the customer’s delay.
For all activities and services (services and programs) covered by the contract, all copyrights shall remain with LTC. Rights of use to the contractual activities and services may only be transferred to third parties with the consent of LTC. Customer may use the Service provided by LTC for its internal use only. The customer undertakes to take and apply all customary security precautions to ensure that the services and programs provided cannot be copied, modified, deleted or otherwise misused by third parties. If the Customer does not take and apply security measures that prevent the aforementioned access by third parties, it shall be subject to a contractual penalty that shall result in the immediate termination of the contract and a contractual penalty that shall be assessed at five times the contract volume. Open files of the graphic works remain the property of LTC unless otherwise agreed according to the order or contract.
6.5 Retention of title
In addition to the copyright, LTC also reserves the right of ownership of the services and programs created by it.
Art. 7 Termination clause – Termination of services and programs
7.1. Termination of the contract
The Customer’s failure to perform even one provision contained in the Clauses shall constitute a material default and entitle LTC to deem the Contract terminated. The termination of the contract – stating the reasons – shall be effective immediately upon receipt by the customer of the notice of termination, which may be sent by registered letter with reply or by fax.
7.2. Expiration of the services and the program
The customer acknowledges that in the event of termination of the contract, the services and programs will no longer be available and that in the event of termination of partial services, the functionality of other, correlated systems could be impaired or no longer exist. The costs of rectifying these malfunctions shall be borne by the customer, who may have no claims against LTC.
7.3. Jurisdiction, Applicable Law
Place of performance is Garmisch-Partenkirchen, Germany. The contractual relations between the contracting parties shall be governed exclusively by German law. The court is located in Garmisch-Partenkirchen.
7.4. Amendment of the General Terms and Conditions
Amendments and supplements to these General Terms and Conditions, including this clause, are only permitted in writing. Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall not be affected thereby. The invalid or ineffective provision shall be replaced by the provision which comes closest to the economic purpose of the agreement and which would have been agreed by the parties if they had known that the provision was ineffective. The most current version of the GTC, which is available at www.lechnerandreas.eu/en/agb at any time, always applies. 7.5 Language The valid version of these General Terms and Conditions is the one in German language. In case of discrepancies between the language versions, the German version shall prevail. The General Terms and Conditions are confirmed by signing the order or contract.