General Terms and Conditions
The Internet portal www.placces.de is a service offered by Places Prime GmbH, Oranienburger Str. 32, 10117 Berlin, hereinafter referred to as PLACCES.
1. Scope of the terms of contract
(1) The terms of contract below are applicable to the business relations between PLACCES and its clients and to all associated submitted information, regardless whether verbal, in writing or by other means.
(2) Unless otherwise agreed in writing, no deviating Terms and Conditions shall apply. Deviating terms of contract are herewith expressly excluded.
2. Contractual obligations
(1) The PLACCES Internet portal www.placces.de offers the client a platform for marketing venues on the Internet.
(2) PLACCES will not mediate between clients and users.
(3) Clients will upload their offer of venues (photographs, exposés etc.) in digital form via Internet portal www.placces.de.
(4) In cases of separate paid orders, PLACCES will take care of the placement of the offer or the creation of photos or text.
(5) The client will be exclusively responsible for the content and correctness of the transmitted data. By publishing content (such as photos, videos or descriptions), the client attests to his ownership of all rights, especially copyrights. Should the client not own the rights to his submitted content, he shall guarantee that he has effectively obtained all the requisite rights of title, licenses, permits, approvals and the like. In the event that the client is not the rightful owner of his submitted content, he shall indemnify and fully hold harmless PLACCES for any liability towards third parties.
(6) PLACCES shall be entitled, within the scope of publicly accessible content and its usage, to place advertisements and/or other promotional material. The client agrees that his pictures and text may be moved to other columns and the pictures may be compressed to improve layout. The client agrees that PLACCES may, to a certain extent and observing personal copyrights, also edit or delete his other content or to translate it into other languages.
(7) PLACCES shall be entitled to delete or deactivate content in the event of misuse. Misuse may in particular be assumed if the names of interested parties are disclosed to Internet or phone services for a fee (especially 0190 or 0900 numbers) or if the addresses of objects or contact data are disclosed only after registration at a fee.
3. Contract term and termination
(1) Unless otherwise agreed, the standard Contract period shall be 12 months.
(2) Additional bookings (“add-on products”, e.g. additional exposés or additional venues) are linked to a valid advertised product (“basic product”). Add-on products may have shorter periods to end simultaneously with the contractual period of the basic product.
(3) Basic product subscriptions and additional bookings will be automatically extended by the originally booked period of the basic product, unless the Contract is terminated by one of the parties in writing, within 2 weeks before expiry of the contractual term of the basic product.
(4) The notice of termination may be in writing or in text form (§126 / §126b BGB [German Civil Code]). Notices of termination in text form (§126b BGB [German Civil Code]) shall not be effective unless confirmed by PLACCES within one week. The effectiveness of notices of termination shall depend on the date of receipt of such notice by the specific party.
4. Payment and terms of payment
(1) Payments and terms of payment for specific PLACCES services, basic products and add-on products shall be governed by the product range and applicable prices at the time the order was placed.
(2) Payment for automatically extended contract periods shall be as per the product pricelist applicable to the client six weeks prior to the date on which the contract was extended.
(3) All payments shall be net, excluding statutory value added tax.
(4) PLACCES shall be entitled in cases of late payment to refuse delivery of the goods and services until the client makes the contractually agreed payments (right to refuse performance).
5. Disclaimer and limitation of liability
(1) PLACCES shall not be liable for claims for damages by the client for whatever legal reason, especially in cases of breach of duties under the contractual obligation or wrongful acts. Unless mandatory, this shall not apply specifically in cases of:
- violation of duty with intent or gross negligence by a party or its legal representatives or vicarious agents, or in cases of fraud;
- violation of cardinal contractual obligations and in cases of culpable frustration, default on firm deals or binding performance dates and significant violation of duty;
- violation of other duties pursuant to § 241 (2) BGB [German Civil Code], where the subscriber can no longer reasonably be expected to perform;
- injury to life, limb and health, including legal representatives or vicarious agents;
- where PLACCES has assumed warranties for the nature or success of the performance or accepted an exercise risk or is liable under the Product Liability Act.
(2) In other instances, PLACCES shall under no circumstances be liable in cases of culpable violation of duty due to slight negligence, including claims for compensation or reimbursement of expenses under this contractual relationship. In the event of the aforementioned liability and blameless liability, especially in cases of initial frustration and defects of title, PLACCES shall be liable only for typical and predictable damage or loss.
6. Data privacy
(1) PLACCES shall use the personal data submitted by the client (title, name, address, date of birth, e-mail address, telephone number, fax number) compliant with the provisions of the German data privacy laws. PLACCES shall be entitled to process personal data to the extent required for service provision or accounting under the Contract. PLACCES shall store and use the personal data of a specific client exclusively for performance of the Contract.
The full data privacy statement may be perused here.
7. Changes to the General Terms and Conditions
(1) PLACCES reserves the right to change the General Terms and Conditions at any time and at their reasonable discretion (§ 315 BGB [German Civil Code]), especially in the event of mandatory regulations. The client shall be notified of changes in text form. Changes shall enter into effect in respect of a client unless he objects to the changes within one month from receipt thereof, in text form. PLACCES shall be entitled to extraordinary termination of the contractual relationship unless the client accepts such changes.
8. Final provisions
(1) All agreements between PLACCES and the client in respect of content and performance under the contract are given under the service description and these GTC. The contractual relationship between PLACCES and the client, including these GTC, shall be governed exclusively by the laws of the Federal Republic of Germany. Berlin shall be the exclusive place of jurisdiction for both contracting parties in respect of disputes arising from or associated with this Contract, provided the client is a businessman.
(2) No verbal subsidiary agreements had been concluded at the time of the assignment and these shall in future require the written form. Waiver of the written form requirement shall likewise require the written form.
(3) Should a provision under the Contract be or become ineffective for reasons other than those under §§ 305-310 BGB [German Civil Code], this shall not affect the efficacy of the remaining provisions. The parties shall undertake, should they become aware of the ineffectiveness of a provision, to immediately notify the other party accordingly and to jointly replace the ineffective provision with an effective provision satisfying the agreed purpose. Statutory regulations shall otherwise apply.
(4) PLACCES accepts no liability for data published on the portals and the content of linked websites or for temporary interruptions (technical and the like).
9. Right of rescission and consequences
(1) Clients may rescind their contractual statement within 14 days, in text form and without furnishing reasons. The period shall commence on receipt of this notification in text form, but not before conclusion of the Contract or before the fulfilment of our duty to inform as per Article 246 § 2 BGB [German Civil Code] in conjunction with § 1 (1) and 2 EGBGB [Introductory Law to the German Civil Code] and our obligations pursuant to § 312 e (1) Clause 1 BGB [German Civil Code] in conjunction with Article 246 § 3 EGBGB [Introductory Law to the German Civil Code]. Notices of rescission submitted to Places Prime GmbH in den Heckmann-Höfen, Oranienburger Str. 32, 10117 Berlin or to the following fax number: +49 (30) 30 36 25 81 within the rescission period shall be deemed timeous.
(2) In case of effective rescission, mutually received goods and services shall be returned and any accrued benefits (e.g. interest) shall be refunded.