preamble
CampingBrötchen is operated by AK Software GmbH, Seydelstr. 7, 10117 Berlin (hereinafter “CampingBrötchen”). CampingBrötchen is a platform for providing order pages for campsites. These terms of use regulate the contractual agreements between the operator and CampingBrötchen as the provider of the platform on the one hand and between each user of the platform and CampingBrötchen on the other. The design of the contractual relationship between the operator and the customer is the sole responsibility of the parties there. CampingBrötchen is neither a contractual partner of the participant nor the operator with regard to the services or content offered by the operator on the platform. Operator within the meaning of these provisions is any natural or legal person who uses CampingBrötchen to generate order pages. However, CampingBrötchen reserves the right to exclude operators who are not pursuing a democratic or constitutional purpose or who are associated with organizations of such a background from participating in CampingBrötchen. A user within the meaning of these provisions is any natural person who visits CampingBrötchen, either to act as a representative of an operator or, without being a provider themselves, views or books order pages on specific technical topics for the purpose of expanding their own knowledge and horizons.
1. General
(1) The following terms of use regulate the guidelines under which CampingBrötchen is used. The terms of use also apply if the service is used from outside the Federal Republic of Germany. Deviating regulations and in particular conditions of the user that conflict with these terms of use require the express consent of CampingBrötchen to be effective.
(2) CampingBrötchen reserves the right to change the services offered at any time or to offer other services, to discontinue existing services or to close the platform as such. If the platform is closed, users who have agreed to use CampingBrötchen for a fee are entitled to a pro rata refund of user fees already paid in advance.
(3) CampingBrötchen reserves the right to change these terms of use at any time without giving reasons, provided that this does not affect essential obligations or rights of the user or of CampingBrötchen. CampingBrötchen will inform the user in good time about changes to the terms of use. If the user does not object to the validity of the new terms of use within 14 days of receipt of the notification, the changed terms of use shall be deemed to have been accepted by the user. In the notification, CampingBrötchen will inform the user of their right to object, the objection period and the consequences of not raising an objection. In the event of an objection by the user, CampingBrötchen is entitled to terminate the contractual relationship with this user subject to a period of a further 14 days.
2. Contracting Party
The contractual partner for the use of the platform is exclusively AK Software GmbH, Seydelstr. 7, 10117 Berlin.
3. Subject of the contract
(1) The subject of the contract is the provision of an Internet portal for campsite operators or similar to offer order pages for products. CampingBrötchen enables you to design your own order page tailored to the respective operator. If desired by the operator, interested users can order the products offered directly from CampingBrötchen.
(2) The use of CampingBrötchen is subject to a charge. The amount of the respective fee results from the price tables of CampingBrötchen.
4. Registration
(1) In order to create an order page, you need to register on CampingBrötchen. Booking via an order page is possible without registration.
(2) When registering, in addition to an e-mail address, the authorized representatives (administrators) of the operator must also be specified. Only they are entitled to post, manage, change or delete offers from the operator. When changing to the paid offer, the contact details, such as the address of the operator, must also be provided.
(3) When the registration is sent, a user contract for the use of the platform is concluded between the operator and CampingBrötchen. Registration can only be completed and sent to CampingBrötchen if the user has accepted these terms and conditions by clicking on the "Accept General Terms and Conditions" button.
(4) There is no right to registration. CampingBrötchen reserves the right to make registration dependent on the complete verification of a user's details. The prerequisite for registration is the complete and correct transmission of the data provided by the user. Regardless of these provisions, CampingBrötchen assumes no liability for the completeness and correctness of the data provided by a user. CampingBrötchen stores the user data voluntarily transmitted by the respective user and undertakes to treat this confidentially in accordance with the Data Protection Act. The data protection declaration regulates the details.
(5) Each operator may only be registered once on CampingBrötchen. If the operator's representatives have lost the access data for an existing profile, the profile can be deleted if desired and a new operator profile can be created.
5. Duration of Contract/Termination
(1) The contractual relationship for the use of the platform begins with the activation of the profile and is concluded for an indefinite period. Each party can terminate the contractual relationship by observing the notice period at the end of each calendar month. The cancellation can be made via the portal, by e-mail or by post.
(2) The right of both parties to terminate the contract without notice for good cause remains unaffected. An important reason for termination exists for CampingBrötchen, in particular, if a user has violated essential contractual obligations from this user contract and does not stop or continue such a violation despite a request and a corresponding deadline set by CampingBrötchen.
If the user violates the rights of third parties by posting his offers, in particular personal rights, copyrights, trademark rights or other intellectual property, CampingBrötchen is entitled to remove the respective offers of a user immediately after becoming aware of the infringement and to warn the user. After two warnings, CampingBrötchen is entitled to extraordinarily terminate the contractual relationship with the user concerned without notice.
(3) If claims are asserted by third parties against CampingBrötchen due to actual or alleged violations of rights due to publications by a user of any kind, the user will indemnify CampingBrötchen from related claims of any kind at first request and will indemnify CampingBrötchen against all costs and expenses incurred, including those necessary costs of their own legal prosecution.
6. Compensation/Payment/Default
(1) The remuneration due in each case is payable monthly in advance. Payment is made by SEPA direct debit mandate or in advance. In the case of a payment by SEPA direct debit, the operator's account will be debited at the beginning of the payment period. In the case of payment in advance, the payment amount is due for payment no later than 14 working days after the conclusion of the contract.
(2) In the event of a default in payment or a return debit, CampingBrötchen reserves the right to claim the statutory interest on arrears and to exclude the operator from further access to the platform after prior written warning. In such a case, the operator remains obliged to continue to pay the agreed user fees.
The assertion of further claims for damages by CampingBrötchen remains unaffected by this.
7. Usage rights
(1) Unless otherwise agreed, the operator of CampingBrötchen shall receive the simple, non-exclusive, non-transferable right to use the software required for the presentation and distribution of the content it has posted, limited to the duration of the respective usage agreement. The operator and its representatives are not authorized to reproduce, sell, rent, lease, or transfer the software of CampingBrötchen to third parties. Furthermore, the operator and its representatives are not authorized to copy, decompile, or reverse engineer the CampingBrötchen software or any parts thereof.
(2) In the event of a violation of the above usage rights, not only does the operator's right to use the CampingBrötchen software expire, but CampingBrötchen also reserves the right to exclude the operator from participating in the platform and to take civil and criminal action.
(3) By uploading products of any kind, in particular texts, photos, videos, graphics, or other materials (hereinafter collectively referred to as "content"), the operator grants CampingBrötchen the free right to use, store, provide free access to, edit, offer for storage and printing, make publicly available in online or other media, and/or otherwise use the content without any limitations in terms of location or content for the duration of the respective usage agreement. To the extent required for use in accordance with the preceding paragraphs, the content may also be edited, reproduced, distributed, made publicly available, transmitted, and otherwise used or exploited by CampingBrötchen or a third party.
(4) The respective operator is solely responsible for the content provided to CampingBrötchen and ensuring that such content may be published, displayed, or edited in the manner described above. If third-party rights must be obtained for this purpose, this is the sole responsibility of the operator.
8. Obligations of the Operators as Users
(1) Each operator undertakes to keep the password assigned to him for the member account secret and to protect it from third-party access. The operator is responsible for any damages incurred as a result of a violation of this obligation of confidentiality. A member account is not transferable to third parties.
(2) The operator is responsible for ensuring that no legal regulations or provisions of these terms and conditions are violated when data is uploaded. CampingBrötchen does not check the data entered by an operator in every single case, this is solely the responsibility of the respective operator.
(3) The operator is responsible for ensuring that the content posted by them does not violate any laws or third-party rights (such as industrial property rights, copyright usage rights, or personal rights). The operator is not permitted to carry out or promote any anti-competitive actions, especially using the CampingBrötchen portal for conducting unfair advertising measures or communications, whether for their own purposes or the purposes of others.
(4) It is prohibited for any user to impair or attempt to impair the functionality of CampingBrötchen through technical actions (such as running scripts, attempting hacking, distributing viruses, worms, trojans, brute-force attacks, etc.). (5) It is also prohibited to distribute discriminatory, defamatory, racist, pornographic, violent or otherwise illegal as well as youth-endangering writings or statements through CampingBrötchen. The distribution of political contributions, mass mailings, chain letters or competitions through CampingBrötchen is not desired and will result in the suspension of the relevant member account.
9. Warranty
(1) CampingBrötchen guarantees, within the scope of foreseeable requirements, the best possible reproduction of the contents on CampingBrötchen that corresponds to the respective usual technical standard.
(2) All users are aware that the data and services of CampingBrötchen may not be available at all times. In particular, CampingBrötchen does not guarantee availability of its services in cases where they are not available.
• by using unsuitable display software and/or hardware (e.g. browser) or
• by disrupting the communication networks of other operators or
• due to a computer failure with an Internet access provider or with an online service or
• due to incomplete and/or not updated offers on so-called proxy servers (caches) of commercial and non-commercial providers and online services.
• due to a server failure lasting no more than 24 hours (continuous or cumulative) within any 30-day period.
(3) In the event of a defect in the software behind CampingBrötchen, CampingBrötchen has the choice of remedying the defect by providing new software, a new program version or by bug fixing. If CampingBrötchen offers the user a new program version in which the identified defect does not occur, the defect is also considered to have been remedied if the new program version has minor deviations in functionality or the interface from the original version and the deviations are reasonable for the user , in particular the deviations represent an improvement.
(4) A reduction in the case of a defect by deduction from the agreed usage fee is excluded. Corresponding enrichment or damage claims remain unaffected
(5) The user's right of termination due to non-granting of use according to § 543 Paragraph 2 Sentence 1 No. 1 BGB is excluded, unless the repair or replacement delivery is to be regarded as failed.
(6) Finally, CampingBrötchen assumes no liability for the completeness and correctness of information about products or for the ownership of rights of an operator to individual content or data entered by the operator.
10. Liability
(1) No-fault liability on the part of CampingBrötchen for errors that already existed at the time the contract was concluded pursuant to § 536 a paragraph 1 BGB is expressly excluded.
(2) CampingBrötchen is not liable for uninterrupted availability of the internet portal. Server failures due to technical or other problems that are beyond CampingBrötchen's control (force majeure, fault of third parties, etc.) do not justify any claims by the user against CampingBrötchen.
(3) CampingBrötchen is also fully liable in accordance with the statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty by CampingBrötchen, its legal representatives or vicarious agents, as well as for damage covered by liability under the Product Liability Act . CampingBrötchen is liable in accordance with the statutory provisions for damages that are not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract or fraudulent intent on the part of CampingBrötchen, their legal representatives or vicarious agents.
(4) CampingBrötchen is also liable for damage caused by simple negligence, insofar as the resulting damage is due to the violation of rights that are to be granted to the user according to the content and purpose of the contract and/or due to the violation of obligations, Fulfillment make the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely (cardinal obligations). Liability for such damage is limited to the amount of the foreseeable damage that typically occurs with such contractual works, but is limited to a maximum of three times the usage fee paid in each case.
(5) Further liability is excluded regardless of the legal nature of the asserted claim. In particular, CampingBrötchen is only liable for the loss of data to the extent shown in paragraph (2), last sentence, and only if the loss of data could not have been avoided by making regular backup copies.
11. Proprietary Rights
With this contract, the user and the operator do not acquire ownership of the software. The user is only entitled to use the software for the duration of the contract period in accordance with the underlying agreements. The right of use expires after termination of the contractual relationship for whatever reason.
12. Privacy
(1) CampingBrötchen is entitled to electronically store the personal data voluntarily provided by the user upon registration and to process and use this to maintain the platform, in particular to bill for services rendered and booked and to contact the relevant operator representative. This data will not be passed on to third parties.
(2) The personal data of the course participants entered by an operator or the participants of an event on CampingBrötchen will be collected and processed by CampingBrötchen as the processor for and on the responsibility of the respective operator. For the purpose of fulfilling the rights and obligations of both parties, they conclude an order processing contract in Annex 1, which becomes the subject of these Terms of Use.
13. Final Provisions
(1) The law of the Federal Republic of Germany shall apply exclusively to the contracts concluded on the basis of these Terms of Use and to claims of any kind resulting from them, excluding the provisions of the UN Sales Convention (CISG), provided that this does not result in mandatory regulations at the user's place of residence, the consumer is to be excluded.
(2) Should one or more individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.