CultBooking – Terms and Conditions of Business (T&C)

GENERAL

1. CultBooking is a sub-brand of CultSwitch GmbH, Berlin (referred to hereinafter as CultBooking) carries out its services solely on the basis of these T&C. These T&C govern the contractual relationship between CultSwitch and the client. This will also apply to all future services if this is not explicitly agreed again to in the T&C.
2. Deviations from these conditions of business are only valid if CultBooking confirms them to its clients in writing. Otherwise, conflicting or deviating conditions of the client in its conditions of business or purchase do not apply.
3. In addition to these T&C, special provisions may be used if external service providers are used for any particular service.

OFFERS, PRICES, TERMS OF PAYMENT

1. All offers are subject to change and exist without obligation. All prices are stated as ‘net’ plus the statutory VAT.
2. Commissions and non-standard services shall be invoiced immediately and at least once per month. Unless otherwise agreed, payment shall occur by direct debit.
3. Invoices are generated electronically and signed digitally. A service charge of EUR 2.50 will be charged for individual invoices in paper form.
4. Project contracts shall be invoiced upon completion. CultBooking is entitled to receive monthly payments for services provided within the scope of project contracts.
5. The customer is obliged to pay any bank fees incurred where insufficient credit or any other reason result in non-payment during the direct debit process. In cases of chargeback (reversal of payment), CultBooking shall charge the customer €15 for the recipient bank’s fees and the additional administrative expenses.
6. CultSwitch is entitled to invoice late fees and any administration costs incurred. Furthermore, CultBooking reserves the right to assign legitimate accounts receivable from the customer to third parties.
7. In cases where the customer fails to process payment within the due date specified by CultBooking, the customer shall be obliged to pay default interest in the amount of 4% per annum above the base lending rate of the European Central Bank. The customer may verify a lower amount of damages for a delay in payment.
   In case of late payment, CultBooking is entitled to deny further access to the service. Payment or reimbursement claims against the customer will be issued on a monthly or fortnightly basis, depending on the agreement.

REGISTRATION

1. Clients have to provide true and valid information. Client cannot use the name of another person, the name that is offensive, caddish, or infringes someone’s intellectual property rights, or otherwise violates these Terms. If Client is a legal entity, his representative must have the valid legal authority to represent that entity.
2. It’ll be Client’s responsibility to notify CultBooking immediately about any unauthorized access of use of his/her account or password or any other breach of security. 

TERM & TERMINATION

1. The contract begins on the first day of fulfillment of performance, and is limited to the period of time stipulated in the contract.  The contract may be terminated with 30 days’ notice to the end of the month. Agreements made with a minimum term may only be terminated after the expiry date.
2. Notice of cancellation must be given in writing. If there is reasonable suspicion of abuse, CultBooking may deny usage of the service without notice. The customer is prohibited from using the services set out within the framework of this contract in an unlawful way. The customer bears liability for any illegal usage.
3. Upon termination of the contract, CultBooking has the right to delete all information related to the customer without reservation.

USE OF EXTERNAL SERVICES

1. CultBooking functions only as an intermediary between the customer and the third party service provider. CultBooking reserves the right at all times to either permanently or temporarily change, interrupt or discontinue all or individual services with or without notice to the user.
2. CultBooking disclaims all liability and warranty for the functionality of the external 3rd party services; for example, online reservation systems or their interfaces.

CONTENT

1. The customer agrees not to upload or publish any unlawful content onto the CultBooking server. The customer bears all responsibility for the publication content.
2. The customer may not either in form, content or intended purpose violate the legal prohibitions or the rights and good reputation of third parties (naming rights, copyrights, other intellectual property rights etc.). Furthermore, the customer shall exempt CultBooking from any claims and expenses incurred through the use of third party material.
3. CultBooking does not as a rule check or control content. However, it reserves the right to deny access to data when third-party claims of omissions are raised or the customer is not the legal owner of the published documents or files.

DATA SECURITY AND AVAILABILITY

1. The customer is obliged to make backups of any data (text, images, files etc.) transmitted to CultBooking in any form whatsoever. This shall be done in the interests of the customer, since despite regular backups of the data on the CultBooking servers, it is technically not possible to rule out with certainty any loss of data.
2. E-mails from customers shall be regularly downloaded and stored. CultBooking shall not delete customer emails. However, data loss due to technical problems may never be excluded.
3. CultBooking shall make every effort to ensure continual availability of the offered services, but for technical reasons cannot guarantee 100 percent operational service.

PRIVACY POLICY

1. CultBooking stores personal data related to the contract in accordance with § 33 BDSG of the Federal Republic of Germany, and shall, where appropriate, transmit this data to participating partners, agents and service providers.
2. If the client wants entries in booking portals, internet search programmes or trade directories, the corresponding data will not be deemed confidential and may be published freely by CultBooking in the internet, thereby being made accessible to third parties.

LIABILITY AND INDEMNIFICATION

1. No liability may be accepted by CultBooking, their legal representative or agent  directly, except in cases of gross negligence or willful breach of contract. The amount of any liability is limited to 12 times CultBooking average monthly commission for the service (less third party fees), with the applicable calculation period being limited to the last 12 months.
2. This also applies to all claims for damages for whatever reason or amount. 

INTELLECTUAL PROPERTY

1. All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the service, is our property or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Client agrees to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto.
2. Client shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service.
3. Client agrees that you do not acquire any ownership rights in any protected content. We do not grant Client with any licenses, express or implied, to the our intellectual property or our licensors except as expressly authorized by these Terms.

FINAL PROVISIONS

1. Any changes, additions, ancillary agreements, cancellation or the partial or total annulment of the contract must be made in writing, including any amendments or annulment of the written form requirement.
2. CultBooking reserves the right to change or supplement these T&Cs in the future. The customer shall be informed of any changes or additions to these T&Cs.
3. The exclusive place of performance and jurisdiction for all disputes arising from the contractual relationship shall be Bern. The law of the Federal Republic of Germany shall apply.
4. If any individual provision of this contract are deemed invalid or should the contract contain omissions, this will not affect the validity of the other provisions. In the event of an omission, a provision shall be deemed agreed which corresponds, on the basis of the purpose and meaning of the contract, to what the parties would have agreed had the parties considered the matter a priori. In addition, the German Civil Code shall apply.

Berlin, 20 June 2019

*Translator’s note: the above translation is for information purposes only. In case of dispute, the original German version of these Terms and Conditions shall apply.