GTC

Dear Users,

These are the General Terms and Conditions (hereinafter referred to as the ‘GTC’) of the FVW Media Group which are applicable for the use of all the services offered by the FVW Media Group on the Internet and online. Divergences from these GTC or from the special terms of use for individual services shall be deemed to be agreed only if confirmed explicitly in writing by Verlag Dieter Niedecken GmbH as provider. In particular, merely refraining from making an objection to other GTC does not constitute acceptance of the latter.

1.   Definitions

1.1.The FVW Media Group comprises Verlag Dieter Niedecken GmbH, Wandsbeker Allee 1 in 22041 Hamburg and its subsidiaries and affiliated companies. These are currently Press Up Fachpresse-Vertrieb und -Marketing GmbH and TourCon Hannelore Niedecken GmbH.
1.2.Registration means the setting up of a user account. This registration brings about a usage agreement.
1.3.All registration-free services are referred to as an open area. All other services constitute the closed area.
1.4.The person who, whether registered or unregistered, calls up the services in the open area is a visitor to the Internet services.
1.5.The person who has set up a user account in the closed area and logged on to use that area is referred to as a user.
1.6.The provider – irrespective of the operator of the Internet page in question – is Verlag Dieter Niedecken GmbH, which is consequently the sole contractual partner of the users in respect of the services offered by the FVW Media Group.

2.   Scope

2.1.The following GTC shall apply for the entire online operations of the FVW Media Group. This encompasses, in particular, the offerings and services on the following websites: www.fvw.de, www.traveltalk.de, www.fvw-stellenmarkt.de, www.tid.de, www.fvw-kongress.de, www.travelexpo.de, www.urlaubperfekt.de and www.biz-travel.de. The GTC as amended constitute the legal basis for the use of the open area.
2.2.The GTC as amended at the time when the contract was concluded are a necessary contractual component for the usage agreement that must be concluded as a prerequisite of access to the closed area. 2.3. The provider has the right to stipulate further contractual content for the individual service offerings.

3.   Access authorisation and eligibility

3.1.Basically anyone can visit and participate in the open area, subject to the provisions specified below.
3.2.The provider nonetheless explicitly reserves the right to restrict visits to, and participation in, the open area as a whole or individual services to specific groups of people.
3.3.Registration is required for any use above and beyond that specified above. Basically, all people and companies of full legal capacity may register. Completing the registration screen constitutes an offer to conclude a usage agreement. It brings about an entitlement to registration.
3.4.The provider reserves the right to make registration dependent on further conditions (for example a chargeable subscription to FVW or registration to receive TravelTalk or BizTravel in the print segment). The user account that is set up on completion of the registration is not transferable.
3.5.The information marked as mandatory in the registration process must be disclosed in full and truthfully by the user and must be updated when required. After registering, the user will receive a password and a user account name. These data are personal and intended for use only by the user. He or she must take appropriate precautions to prevent unauthorised use by third parties.
3.6.Email addresses or self-chosen user names must not be potentially capable of violating such rights or feelings of other users that are subject to protection or infringing prevailing laws and regulations.

4.   Right of revocation for consumers

4.1.Users who conclude their usage agreement for purposes which serve neither their commercial nor their self-employed occupational activity can terminate their agreement by revocation within two weeks of receiving these revocation instructions. The revocation must be submitted in writing (by letter or email) and addressed to the provider (Verlag Dieter Niedecken GmbH Wandsbeker Allee 1, 22041 Hamburg). It is not necessary to give reasons.
4.2.Subject to the revocation being legally effective, the usage agreement shall be deemed terminated as from the receipt of the revocation, and any performance received on both sides shall be restituted in accordance with the provisions of Sections 346 et sqq., German Civil Code (BGB).

5.   Scope of performance

5.1.The utilisation of services from third parties to which access is provided via the pages of the FVW Media Group or which are promoted on its pages, shall constitute a contractual relationship solely between the user and the respective third-party provider. Within the scope of its service performance the provider shall not be responsible for third-party content that is linked to the provider’s websites. Links of this kind are governed by the contractual terms and the GTC of the third party in question. The provider explicitly assumes no liability or warranty whatsoever for this.
5.2.The provider shall provide the visitors and users with the services subject to their availability. Restrictions on use which result from maintenance work, further development or other disturbances, and any loss of data or other impairments which may result from that, shall not constitute grounds for compensation claims by visitors or users. The provider shall be entitled to discontinue, extend or change its services at any time – after a reasonable prior notice period if appropriate.

6.   Visitors’ and users’ rights

6.1.The user or visitor is entitled to use the services offered and the content provided for private purposes and/or their own informational purposes. Use of the content shall be subject to retaining the copyright notices and any names and trademarks indicated in connection with these, and ensuring that third parties acknowledge authorship.
6.2.The provider’s Internet services in the closed area can be used only after a usage agreement has been concluded.
6.3.In the case of services rendered in return for payment, the regulation determining the sums involved and the type of payment method used shall be a part of the respective usage agreement.
6.4.The content of the services provided by the provider is intended solely for use by the visitor and the user in accordance with the regulations. This shall apply to all content published on the pages of the FVW Media Group (text, images, graphics, sound, video and animation files including their design, and the HTML, Java and Flash source codes, etc. which are currently being used). These are protected by copyright both individually and collectively. They may not be reproduced, disseminated, altered or made accessible to third parties in any way whatsoever by visitors and/or users without appropriate approval from the provider.

7.   Obligations of the user

7.1.The user is solely and fully responsible for the content he or she uploads (text, images, graphics, sound, video and animation files including their design, and the HTML, Java and Flash source codes, etc. which are currently being used).
7.2.The user undertakes not to infringe applicable law or the provisions of the agreement while using the content and services of the FVW Media Group. This applies to any form of recording, saving and disseminating such content.
7.3.The user must, in particular, keep his or her content free of information which serves to incite the masses; which depicts, glorifies or encourages violence; which is sexually offensive or pornographic; which contains racist or sexist statements, viruses or spam items, or contains any other violations of public morals in general and the Internet code of conduct in particular.
7.4.The user shall exempt the provider from claims asserted against the provider by third parties on grounds of infringements of rights by the user. This exemption shall include the costs of appropriate legal defence if corresponding action is taken against the provider. A visitor or user can offset claims made by the provider and/or the FVW Media Group only with undisputed or legally established claims.

8.   Liability

8.1.The liability of the provider to pay compensation on grounds of violation of the contractual performance obligations or unlawful acts in accordance with Sections 823 et sqq., German Civil Code (BGB) perpetrated by the provider or his vicarious agents shall be restricted to intentional or grossly negligent violations. This shall not apply to loss or damage resulting from the violation of a cardinal duty, or in the event of default or impossibility if there was a reasonable expectation when the agreement was signed that the loss or damage might occur. Such liability for loss and/or damage, then, does not encompass any special, incidental or indirect or consequential damage such as loss of profits, operational interruptions, loss of business information, etc. Unless stipulated otherwise by law, all other liability shall be precluded.
8.2.The editorial services, in particular, are provided for information purposes only. Liability for ensuring that the information is up to date, complete or accurate is explicitly excluded. The visitor or user can therefore not assert any claims for losses or damages suffered directly or indirectly as a result of using this data or information.
8.3.The provider shall, in particular, assume no liability for the content, functional reliability or legality of third-party websites to which links are provided.
8.4.Users are solely and unrestrictedly responsible for all disclosures and content they may save, publish or transmit while using the services offered by the provider. This shall also apply to content acquired from other sources and utilised by the user.
8.5.The limitation of liability shall not encompass loss or damage caused by death, bodily injury or damage to health.

9.    Rights of use

9.1.Uploading content in image, written, film or whatever form constitutes a binding declaration by the user that they possess all rights to this uploaded content and legally binding confirmation that no statutory provisions or third-party rights are infringed by the publication of this content.
9.2.The user shall assign to the provider and/or the FVW Media Group the unrestricted, non-exclusive right, as regards time, content and geography, to use the content (text, images, graphics, sound, video and animation files including their design, and the HTML, Java and Flash source codes, etc. which are currently being used) basically free of charge as often as it desires – unrestricted in terms of time, territory and content – on all the web pages operated by the provider and/or the FVW Media Group. The provider and/or the FVW Media Group shall, in particular, be entitled to present the content online and offline and to make it available to internal and external users in every conceivable way. This shall include, inter alia, the reproduction, dissemination, hiring out, electronic storage and use for advertising to the extent that is customary in publishing, also in the print segment. The provider and/or the FVW Media Group shall be entitled to edit, shorten and alter the content uploaded by the users before making further use of it. Notwithstanding any agreements or statutory provisions to the contrary, no remuneration shall be owed, as a rule, for the use and/or exploitation of these rights.

10.    Provisions on cancellation

10.1.Both contracting parties have the right to cancel the usage agreement within a notice period of one week without giving reasons.
10.2.The provider shall, in particular, retain the right to cancel the agreement if the user violates applicable law or these GTC, and to block access to the FVW Media Group’s Internet pages for the user. This shall also include the right to warn the user accordingly in the event of violations, to delete data and posts of the user even without his or her consent, and to deny the user access temporarily or indefinitely.
10.3.In the event of grave violations of the statutory provisions, the provider reserves the right to forward the user’s data to the investigating authorities.

11.    Data protection declaration

                    Our data protection regulations govern the procedure for capturing and using the user’s personal data.

12.    Final provisions

12.1.The provider shall be entitled to amend these GTC at any time. In particular, it shall have the right to adapt individual provisions should they prove to be invalid. The provider shall inform registered users about any changes in the GTC that affect them.
12.2.Such an amendment to the GTC shall be deemed to have been approved by the user if the latter does not object to it or cancel the usage agreement within one month of receiving the announcement of the amendment. In the event of an objection, the provider shall himself be entitled to cancel the usage agreement.
12.3.Place of performance shall be the provider’s registered office, i.e. Hamburg.
12.4.Hamburg shall be the place of jurisdiction for all disputes of a proprietary nature arising indirectly or directly from the contractual relationship, provided that the visitor/user is a merchant entered as such in the commercial register or a corporate entity under public law. Any place of jurisdiction to be determined exclusively shall remain unaffected by this.
12.5.The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.6.For participants in prize competitions, all decisions are final with no right of appeal.
 
© 2014 Verlag Dieter Niedecken GmbH, all rights reserved