- Veröffentlicht am 02.01.2019 15:42
The following general terms and conditions are part of all contracts with Rico Ebertz & Arne Kolisch GbR (surf.holiday) and the respective provider (customer). The provision of all services takes place exclusively on the basis of these terms.
The General Terms and Conditions can be freely called up and printed at any time on the Internet at https://surf.holiday/terms/. The contract can be concluded both in writing and verbally between surf.holiday and the customer in mutual agreement.
1. scope of services and charges
1.1 If the customer makes use of his right of objection after placing an order, the services actually rendered at this point in time (e.g. duration of the advertisement, processing time, or translation service) will be charged in any case and due for payment.
1.2 Prerequisite for using the services of surf.holiday is an Internet access with the necessary technical facilities, which correspond to the current state of development.
1.3. surf.holiday insures to release all services immediately if all due claims have been properly settled, otherwise surf.holiday is entitled to make use of its retention of title according to BGB.
1.4 The customer will receive an invoice for each payment transaction by e-mail in Adobe Acrobat Reader to the e-mail address provided when placing the order. The invoice shall be deemed delivered on the date on which surf.holiday sends the correct invoice. After 14 days from delivery of the invoice, the customer is automatically in default of payment. (§ 286 Abs. 3 BGB).
1.5. the customer is obliged to inform surf.holiday immediately and unsolicited of any changes in his billing address and e-mail address.
1.6. If the customer does not pay his invoice within 14 days after delivery, surf.holiday is entitled to block access to the services temporarily or permanently, as well as to provide the affected service with an anonymous blocking notice. If the customer is in arrears with a payment even during a period longer than 30 days, surf.holiday can terminate the contractual relationship without notice. surf.holiday will in this case initiate a collection and possibly judicial dunning procedure, the costs of which the defaulting payer must bear in full, including all dunning and other fees.
2. Provided content, programs and data
2.1 The services rendered and provided by surf.holiday within the scope of the order are protected by copyright. Duplication or passing on is permitted only with written permission by surf.holiday. Also change of the rendered achievements, as well as complete or partial transfer into other programs is expressly forbidden and only with written permission by surf.holiday permitted.
2.2. surf.holiday is liable for the correctness, the correctness, the functionality and the completeness of the offer under surf.holiday only within the framework of the liability rule according to section 7.
2.3. surf.holiday is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages.
3. responsibility of the customer for content and links
3.1 The customer is responsible for all contents (information about the offer, texts and pictures) on his offer page. The customer releases surf.holiday from any liability. A general monitoring or examination of the contents by surf.holiday does not take place.
3.2 The customer is responsible for the correct marking of links on his homepage itself. surf.holiday dissociates itself from any linked contents and claims of third parties and does not check these.
4. data security, online transmissions, search engines
4.1 As far as data are transmitted to surf.holiday - no matter in which form - e.g. also data transmissions to the server or by post, the customer makes backup copies.
4.2 Various customer-specific settings are transmitted online to surf.holiday. The transmission of such data takes place at the risk of the customer without guarantee. Delays occurring here are technically caused and do not represent a defect.
4.3 With the use of the services of surf.holiday, the customer agrees that his offer page and the content posted there are also transferred to search engines. This happens, however, without guarantee for the actual inclusion of the offer page in the affected search engines. Naturally, the operator of the respective search engine alone decides on an admission and the time. The customer is aware that data provided by him for registration (keywords, descriptions) are transmitted on the Internet and are generally accessible after inclusion in a search engine.
5. Receiving and sending e-mails
5.1 The customer agrees that surf.holiday will send a reasonable amount of information e-mails to the e-mail address specified in the order.
6. retention of title
6.1. the BGB retention of title applies. Services, scripts, pictures and texts remain property of surf.holiday and are subject to copyright ©. Unauthorized use will be prosecuted under criminal law and will result in proceedings for infringement of copyright.
7. limitation of liability and claims for damages
7.1. surf.holiday is only liable for damages caused intentionally by surf.holiday. The above limitation of liability applies to contractual as well as non-contractual claims.
7.2 The use of the services made available by surf.holiday is therefore in accordance with the restriction of section 7.1. This refers in particular to the functionality and freedom from viruses of content and software
7.3. surf.holiday is not liable for the availability and compatibility of the service offered.
7.4. surf.holiday is not liable for consequential damages, such as lost profits due to faulty or non-functional services, data loss or non-availability of servers.
7.5 The amount of claims for damages is limited in principle to the amount of the order value and can therefore not exceed the fees already paid for an order.
9.1. surf.holiday is free to use newer or different technologies, systems, procedures or standards than initially offered for the provision of services in the course of technical progress, provided that this does not result in any disadvantages for the customer. The disadvantage here is not that the customer has to make the necessary changes on his offer side in order to guarantee the functionality under the latest technical standards.
9.2 As far as legally permissible, the place of jurisdiction is Bielefeld. The applicable law of the Federal Republic of Germany shall apply.
9.3 Should any provision of the contract be or become invalid or should the contract be incomplete, the remaining provisions of the contract shall remain unaffected. The ineffective provision shall be replaced by a provision that comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any gaps in the contract.