GENERAL TERMS AND CONDITIONS
For the location search and location mediation, organization and production support by zlocationz, hereinafter referred to as zlocationz.
zlocationz offers services in the field of location search, location brokerage, production organization and on-site production support. zlocationz has expressly informed the client that zlocationz is negotiating in the name and on behalf of the client with people on site who have rights of disposal / rights of access etc. to certain locations (locations). The fees, appointments and permits etc. agreed with these persons are not binding for these persons until the fees demanded by these persons have been paid. The client has therefore been informed that he has no enforceable claims against zlocationz for the fulfillment of the agreements made between zlocationz and the persons authorized to dispose of a location. The risk of the feasibility of the project and the risk of the aforementioned facts have been sufficiently explained to the client. Despite these circumstances, he accepts the following general terms and conditions.
Our general terms and conditions are deemed to have been accepted when the order is placed and, if the order is accepted, as part of the contract. If our contractual partner does not want the general terms and conditions of business and delivery to be applied in detail, he must inform us of this in writing in good time before the order is placed or accepted, stating his changes. In this case, zlocationz is not obliged to accept or carry out the order, but can give its consent to the client's change requests in writing. We reserve the right of ownership and copyrights to catalogues, photographs, drawings, sketches or similar sent/handed over. None of our documents may be made accessible to other/external third parties without our written consent. Deviating declarations and agreements require written confirmation by zlocationz to be legally valid.
II. PLACING OF ORDERS
It can be stated as customary in the industry that in many cases orders are placed and/or confirmed orally/by telephone without a written order. If zlocationz acts on the basis of an order that was only placed and/or confirmed verbally/by telephone, the corresponding contract shall be deemed to have been concluded after zlocationz has accepted the order verbally/by telephone, even without a subsequent written order or an order confirmation. Even if the order is only placed verbally/in writing, the client undertakes to pay the agreed fee and the expenses incurred etc.
III. FEE PAYMENT
In principle, the client pays zlocationz the fee per day agreed between the parties in the order, telephone flat rate, kilometer allowance plus the statutory value added tax. Fee demands from zlocationz for a location search are not dependent on the success of the search or the actual use of a proposed location; the fee is independent of the success of the service provided with the search. In the case of orders outside of the city/region in which the commissioned zlocationz office is based, the client also bears all expenses and travel expenses. The fee rates agreed between the parties are binding: discounts (such as discounts) are not granted. locaztionz is not obliged to accept orders. The order is only deemed to have been accepted if it has been confirmed or executed verbally, by telephone, in writing or by fax.
IV. RESERVATION OF TITLE
zlocationz only provides the client with location documents (data sheets, photos, videos, etc.) for one-time use and to fulfill an order. The client is not entitled to reproduce the documents provided to him, to use them in any other way than agreed or to make corresponding bookings after receipt of the documents on the basis of these documents, bypassing zlocationz. In the event of infringement, the client pays 25% of the order volume of the original order as damages. The assertion of a higher, specifically proven amount of damages remains reserved.
V. SCOPE OF SERVICES/ PERIOD/ FEES
zlocationz basically offers the services listed in the preamble. The fee according to Section III. of our general terms and conditions refers to the service period negotiated between the parties. If the service period is extended, the total fee increases in the corresponding application.
VI. PAYMENT TERMS
An offer will be prepared by zlocationz before the order is placed. If these include fees/fee rates/prices from third-party companies, zlocationz will bill the client for them as calculated by the third-party company. Location usage fees negotiated by zlocationz with persons who are authorized to dispose of a location are to be paid directly by the client to these persons who are authorized to dispose of the location. Exceptions require the express agreement and approval of zlocationz. Invoices that zlocationz issues to the client for its services must be paid within 10 days of the invoice date.
VII. SCOPE OF LIABILITY
All measures necessary for the correct execution of the order will, as far as possible and necessary, be coordinated with the customer beforehand. Any defects that are due to the refusal of a measure proposed by zlocationz by the client or his representative shall be borne by the client. If prior agreement with the client is not possible, the client reserves the right to initiate or carry out the measure in line with the conduct of a prudent businessman. All risks and obligations resulting from such a measure are borne by the client. The customer can only refuse to assume risks and obligations if it can prove that zlocationz has culpably breached its duty of care. If zlocationz needs the services/help of third parties/generally third parties to carry out the order, zlocationz is only liable for its own mediation and organizational errors. zlocationz accepts no liability for negligent, grossly negligent or culpable actions by third parties. If zlocationz is commissioned with the background search (location search), it will generally carry this out for a correspondingly agreed fee, but without assuming a guarantee of success. zlocationz is not liable for production impairments, delays or failures as a result of force majeure, accidents, natural disasters, unfavorable weather conditions, refusal of official permits, etc., political unrest, cancellations/incorrect bookings by companies involved, errors and omissions by third parties involved, for revoked permits, at short notice increased fee demands by other third parties and in all similar cases over which zlocationz has no direct influence. Liability also does not apply in the event of the unforeseen inability to work of the location scout/location manager booked by zlocationz as a result of illness, accident or similar. zlocationz is under no circumstances liable for claims from location owners or persons or authorities who are entitled to dispose of locations mediated by zlocationz for photo or film productions, which result from damage or misconduct that occurred before, during or after the relevant photo or film production by the Client or its representatives and over which zlocationz had no direct influence. The customer is responsible for liability and insurance for such cases.
VIII. FINAL PROVISIONS
The law of the Federal Republic of Germany applies to all contractual relationships between the contracting parties. This is also agreed between the parties in the event that the contract is concluded in a country of the European Union or in another country worldwide. The place of jurisdiction for disputes arising from the contractual relationship is Berlin. The invalidity of individual provisions above does not affect the legal validity of the remaining provisions.