General Terms of Trade
I. Advertisements and Inserts
1. The contract takes place as soon as “Verträglich Reisen GmbH” (VR) accepts the order. The printing of the advertisement, the distribution or the sending of the invoice means that VR has accepted the order. Insert orders are binding for VR after VR has received a copy of the insert and has accepted it.
2. Orders refer to the next appearing issue as soon as the necessary documents are available, however, VR can postpone the realisation until the payment of the complete account. The account for advertisements or insert orders have to be paid without deduction after the reception of the invoice.
3. The client is responsible for the transport, condition, quality and punctual supply of the inserts or the flawless setting copies. Additional orders for revisions or design or revisions that are due to the client will be charged extra by VR. Advertisements that cannot be identified as such because of their editional design will be marked as “Advertisement”.
4. The signature of VR on the delivery notes of received inserts does not mean a confirmation of the number of copies. VR does not guarantee for the flawless settlement of instructions given by phone or by fax or for any handwritten instructions, except by gross negligence or intent.
5. VR reserves the right to refuse orders because of their content, origin or technical form according to functional justified principles, if the content offends against law or official regulations or its publication is unsuitable for other reasons. This also refers to orders that have already been confirmed or to offers given to representatives. The client will immediately be informed when his offer has been refused.
6. Proof copies will only be supplied on request and refund of expenses. If the client does not send back the proof copy within the fixed period of time, the order is regarded as authorised by the client.
7. VR guarantees a printing quality as usual for the magazine and within the possibilities of the setting copy.
8. Defects have to be noticed within 14 days after reception of the author’s copy. If the print of the advertisement is partly or completely unreadable, incorrect or incomplete due to VR, the client is entitled to compensation in form of an additional free-of-charge space for advertisement in the following issue in the extent of the impairment the purpose of the advertisement had to suffer. As an alternative, the client has the choice to claim a reduction of the price or to withdraw from the contract. VR is only liable for further rights and claims by gross negligence or intent. Further liability is excluded. Any liability for immediate damages because of assured qualities is hereby not effected.
9. There is a duty to keep the setting copies for three months after printing. The setting copies will only be sent back on special request of the client and at his own risk.
10. If the client cancels his order after the closing date, VR will charge 20% of the invoice total.
II. The label of the “Blue swallow”
1. “Verträglich Reisen GmbH” (VR) confers the label “Ausgezeichnet VERTRÄGLICH REISEN” [VERTRÄGLICH REISEN certified] on accomodations. There is no legal claim to it.
2. An accommodation has the right to use the label, if it meets the minimum criteria and if the account for the advertisement has been paid.
3. The resulting rights cannot be transferred. The supervision takes place by the self-assessment of the management, by VR according to the brochure of the house, inquiries by phone or by supervision after announcement by phone.
4. The price includes the right to use the emblem “Ausgezeichnet VR” and the right to advertise with this label in one’s own PR material. It automatically expires after the period of one year. It is possible to get an extension.
5. Together with the certificate, it is possible to buy an enamel sign with the emblem “Ausgezeichnet VR”, if available. After the right to use the label has expired, the sign has to be removed. Printing copies with the VR-emblem are available free of charge for the design of advertising material.
6. The certificate is bound to an advertisement in the following issue of the VR-magazine. VR promotes the certified accomodations through its magazine e.g. on trade fairs and in private and public media.
7. Every accommodation gets one proof copy of its advertisement, that has to be sent back within the deadline, if there is any request for correction. Otherwise the copy is considered as authorised. Additional proof copies are at the client’s expense.
8. If there is a change of owner or lessee of the accommodation, the certificate can be kept as long as the accommodation continues to meet the minimum criteria. It is not possible to delete it in the VR-magazine.
9. If, despite of a written admonition, an accommodation does not meet the minimum criteria within a given timeframe, it can be deprived of the right to use the label and the right to advertise with this label. All rights attached to this certificate hereby expire. The enamel sign is to be removed, advertisement material with the VR-emblem (even company-owned) are not to be used anymore. Payed fees are not refunded.
III. Trade fairs and Travel exhibition
1. The contract takes place with the written confirmation of order by VR. VR offers: 1. Participation in the VR joint stand or travel exhibition in display windows through the display of brochures without personal attendance and 2. individual stands with the possibility of personal attendance.
2. VR reserves the right to refuse advertising material, that by form or content offends against sustainable travel. The display of the material takes place without exception by VR. The client takes care of the punctual and postage paid supply of the material. Advertising material that is left over cannot be sent back.
3. No liability by VR. Exception intention or gross negligence.
4. VR makes a reasonable effort to abide by the announced trade fair schedule. Changes due to cancelled trade fairs or force majeure will be compensated by comparable fairs and the client will be informed about it upon expiration of the financial year.
5. The cancellation of a fair berth or an individual stand depends on the cancellation conditions of the fair, plus three working days. VR additionally charges a cancellation free of 15 % of the cancellation fee of the trade fair.
6. Invoicing four months before the first fair. Payable without deduction and at one go upon receipt of the invoice.
7. The client agrees to the general terms of trade of VR and the terms of the fairs.
IV. Universally valid final clause
German law applies for all contracts made. The legal domicile for all claims
on the basis of order of the fully qualified
merchant is Bonn. The same is valid if the client has no general inland legal
domicile.