General terms and conditions

1. Scope of application

1. These terms and conditions of Find Your Dream Guest KG, Bergstraße 17, 97714 Oerlenbach, apply exclusively to companies, legal entities under public law or special funds under public law within the meaning of § 310 Section 1 BGB (German Civil Code). We shall only recognise any conditions of the customer which conflict with or deviate from our terms and conditions of business if we expressly agree to their validity in writing.

2. These terms and conditions of business shall also apply to all future transactions with the customer, insofar as these are legal transactions of a related kind.

3. Individual agreements made with the purchaser in a particular instance (including collateral agreements, supplements and amendments) shall in any event take precedence over these Terms and Conditions of Business. Subject to proof of the contrary, a written contract or our written confirmation shall be binding for the content of such agreements.

4. Customers of Find your Dream Guest KG will receive a detailed price quotation for services on request and according to the desired extent as follows:

1.1. Photography of your tourism-oriented company/association/community - building exteriors and interiors, details, team, activities, touristically relevant destinations in the surrounding area, further destinations / objects / persons that are important for guests

1.2. Videography as in no. 1.1

1.3. Cinemagraphs

1.4. Based on and including the above-mentioned services, also creation of complete media appearances, internet, print, film, etc.

1.5. Based on and including the above-mentioned services, also creation of an online shop for the direct sale of objects, foodstuffs, etc.

1.6. Find your Dream Guest KG expressly reserves the right, in consultation with the customer and on the basis of separate proposals and invoices, to outsource service areas externally to third parties - proven specialists for design (text, graphics, multimedia), online marketing, online shop creation.

 

2. Offer and completion of contract

If an order is to be regarded as an offer in accordance with § 145 BGB, we shall be entitled to accept it within two weeks.

3. Documents handed over

We reserve the property rights and copyrights to all documents provided to the customer in connection with the placing of the order - including in electronic form - such as calculations, photos, video clips, etc. These documents may not be made available to third parties unless we give the customer our express written consent. Insofar as we do not accept the offer of the customer within the period of § 2, these documents are to be returned to us immediately or deleted or destroyed as agreed.

4. Prices and payment

1. Unless otherwise agreed in writing, our prices shall be deemed to be remuneration exclusive of value added tax at the applicable rate. Costs for packaging and shipping will be invoiced separately, if applicable.

Payment of the relevant remuneration must be made solely and without deduction to the account named overleaf.

2. Unless otherwise agreed, the remuneration is to be paid within 20 days after delivery. Interest on arrears will be charged at a rate of 8% above the respective base interest rate p.a. We reserve the right to assert higher damages caused by default.

3. Unless a separate agreement has been made regarding a fixed fee, we reserve the right to make reasonable price adjustments due to changes in wage, material and distribution costs for deliveries that take place 3 months or more after conclusion of the contract.

5. Rights of Retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

6. Delivery time

1. The commencement of the delivery period stated by us is subject to the timely and correct fulfilment of the customer's obligations, e.g. provision of documents, permits, etc. - the right to plead non-performance of the contract is reserved.

2. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand appropriate compensation for damages including any additional expenses. We reserve the right to make further claims. Insofar as the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased goods shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

3. In the event of a delay in delivery not caused by us intentionally or through gross negligence, we shall be liable for each completed week of delay within the framework of a fixed compensation for delay in the amount of 3% of the value of the delivery, but not more than 15% of the value of the delivery.

4. further legal claims and rights of the customer due to a delay in delivery remain unaffected.

7. Transfer of risk on shipment

If the goods are physically dispatched to the Customer at the latter's request, the risk of accidental loss or accidental deterioration of the goods is transferred to the Customer on dispatch to the Customer, at the latest on leaving the premises of Find your Dream Guest KG. This applies regardless of whether the goods are dispatched from the place of fulfilment, who is dispatching them (Find your Dream Guest KG or one of its external partners) or who is liable for the dispatch or freight costs.

8. Retention of title

We reserve the right of ownership of the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to subsequently take back any rights of use granted if the customer acts in breach of contract.

9. Warranty and notice of defects as well as recourse / manufacturer's recourse

1. Warranty rights of the customer presuppose that the customer has properly fulfilled his obligations to examine and notify defects in accordance with § 377 HGB.

2. If, despite all the care taken, the delivered goods show a defect which already existed at the time of the transfer of risk, we will, subject to timely notification of defects, either repair the goods or deliver replacement goods at our discretion. We must always be given the opportunity for subsequent fulfilment within a reasonable period. Recourse claims shall remain unaffected by the above provision without restriction.

3. If the subsequent performance fails, the customer may - irrespective of any claims for damages - withdraw from the contract or reduce the remuneration.

4. Claims for defects shall not apply in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or wear and tear as well as damage arising after the transfer of risk as a result of incorrect use or negligent handling, excessive strain, unsuitable operating materials, maintenance or due to special external influences which are not provided for under the contract. If improper repair work or modifications are carried out by the customer or third parties, no claims for defects shall exist for these and the consequences thereof.

5. Customer's claims based on the expenses necessary for the purpose of subsequent fulfilment, in particular transport, travel, labour and material costs, shall be excluded if the expenses increase because the goods delivered by us have subsequently been taken to a place other than the Customer's premises, unless the transfer corresponds to their intended use.

6. The customer's rights of recourse against us shall only exist insofar as the customer has not made any agreements with his purchaser that go beyond the legally binding claims for defects. Furthermore, paragraph 6 applies accordingly to the scope of the customer's right of recourse against the supplier.

10. Copyright law

1) The copyrights for photos, videos, composings, cinemagraphs, graphics and texts remain with Find your Dream Guest KG or the external authors involved until the agreed amount has been paid in full.

2. The use of photos, videos, composings, cinemagraphs, graphics and texts created by Find your Dream Guest KG as well as other associated copyright material etc. is  released for the agreed and intended purpose only. If, for example, photos which were created for a website are unexpectedly required for printing at a later date, the customer must contact Find Your Dream Guest KG.

3) Find your Dream Guest KG reserves the right to make changes to photos, videos, composings, cinemagraphs and graphics created by Find your Dream Guest KG. If you wish to use additional formats or require other changes, please do not hesitate to contact us.   

11. Miscellaneous

1. This contract and the entire legal relations between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. Place of fulfilment and exclusive jurisdiction and for all disputes arising from this contract is Schweinfurt, unless otherwise stated in the order confirmation.

3. All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.

 

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CONTACT

Find your Dream Guest KG
Dr. Sabine Gebele
Bergstrasse 17 · 97714 Oerlenbach
GERMANY
info@find-your-dream-guest.de
Phone +49 9725 708543

rezeptionsklingel

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