General terms and conditions of business of tophotelprojects.com

1. Authority

Our business conditions are part of all deals – following deals included – with the customer; they are accepted by placement of the order or acceptance of the delivery. We do not accept, even without written contradiction, other business conditions, especially buying conditions of the customer.

2. Scope of supply and services

(1) The scope of our supply and services is to record, hold, procure and process information from our own and third party data bases. It further includes its delivery by all kinds of media like email, data carriers and online. Additional services include checking addresses (doubles check), profiling and data-mining data bases. Other services cover all kinds of direct marketing- or telemarketing activities.
As a market research service provider we design and execute surveys, analyse data, prepare presentations and publish the results and consult third parties on the design and execution of surveys.
(2) Despite continual updates and revisions of the address data and due to the volatile nature of the target market (Out-of-Home), we cannot guarantee that, in time of delivery, the addresses and other characteristics of the address are postal correct and the data contains the total target group. Because of the fact that we gather our addresses from interview actions, we cannot guarantee that the addressee is or still is what he passed himself off as at that time or at the last update - that is why returns are unavoidable. The expenses for addresses that cannot be delivered are refundable with the help of a proof.
(3) Any order must be based on an agreed selection by at least one attribute from our option of attributes.
(4) Provided that there is no different agreement with the customer, the number of data records will be delivered and charged which our data base contains at the time of delivery.
(5) The customer is entitled to store the addresses within the bounds of the agreed use on his computer.

3. Payment conditions

(1) Our bills are to be paid net directly after having received the receipt with the inclusion of the valid value added tax (VAT).
(2) If we find out that the customer has hid unfavourable and not recognizable infor-mation, which could have led to the assumption that he is incapable of the fulfilment of the contract, we are authorized to withdraw from the contract with an extension and to demand the payment of supply we already made.
(3) Balancing with own claims or withhold of payments can only be asserted by the customer if his requirements are indisputable and legally valid.


4. Delivery and processing

(1) Arranged deadlines of delivery are valid as the approximate date of delivery. We only accept fixed dates if we have agreed on an explicit confirmation.
(2) In case of a culpable overrun of the deadline of delivery, the delay sets in with a written admonition of the customer. In case of the delay, the customer is entitled to withdraw from the contract after a written fixing of an appropriate extension.

5. Guarantee and liability

(1) Complaint because of incomplete or defective delivery has to be reported to us within 14 days after the delivery, as far as the defect is obvious. The customer has to report the defects within 10 days after the delivery – in case of hidden defects immediately after their discovery. A timeframe shift of the use of the delivered addresses does not release the customer from the duty to check our deliveries reasonably at the time of the receipt. We would like to emphasize that software can never be completely perfect, that is why the practicality of the software and the compatibility with the software of the user cannot be guaranteed.

(2) In case of a legitimate and timely complaint we have the choice either to improve or to deliver a replacement. The customer can require a reduction of the payment or the withdrawal of the contract if two improves fail or the replacement delivery is defective or the improves are not carried out in an appropriate period of time. The liability for ensured characteristics does not change.

(3) The replacement of damages to the customer, independent of the legal reason, is impossible in cases of slight negligence except for the ignorance of contract duties. In case of slightly negligent ignorance of contract duties, whose fulfilment is indispensable for the reach of the contract purpose, we are unrestrictedly liable for the injury to persons. In the case of damage to property and fortune only as far as it was expected at the time of the signature of the business deal. The liability for the consequential harm caused by damages which are based on a positive ignorance of the contract is impossible, as far as there do exist neither intension nor rude negligence.

(4) For our service „TopHotelProjects“ special provisions are valid. It only exists a claim on guarantee for the customer if the processing of and the delivery of information is defective for reasons Marktplatz Hotel GmbH is responsible for. Marktplatz Hotel GmbH does not guarantee the correctness and the completeness of the address data, because the addresses and the additional information are not only being researched directly by Marktplatz Hotel GmbH but it is researched for Marktplatz Hotel GmbH from third par-ties, too. Marktplatz Hotel GmbH does not guarantee to store the exact number of addresses from a certain region because it cannot be excluded that – for reasons which are not in the area of influence of Marktplatz Hotel GmbH- all the building schemes can be researched.

(5) Without particular permission, the customer is obliged not to give any informa-tion/data of our service “TopHotelProjects” to a third party. Otherwise we are entitled to stop immediately further delivery of information/data from the service “To-pHotelProjects” respectively block customer access to our data base.

(6) Refund policy
Refunds are only made after managing directors decission.

(7) Payment

Our customers pay for one month, the rest of the year (11 months) is free usage.


6. Copyright and data abuse

(1) There is a copyright on our address data as well as on market reports (studies) and study results under §§ 4, 87a ff of the copyright law; they can only be used in the agreed extent.

(2) Provided that we did not make a different deal with the customer in regard to multiple use or purchase, all delivered data – even if we, as agents, gathered it from a third party – is only determined for self-orientated use in the bounds of a unique direct promotion of the customer in accordance to the regulations of the copyright law. Provided that a cus-tomer uses the addresses for the fulfilment of an order of a third person, it is allowed to use the address data once and exclusively for this client – after the end of this unique use, the data has to be erased from the computer of the user. Further copies are only permitted with our written agreement, except the case that it is legal. The use for cross promotions has to be agreed with Marktplatz Hotel GmbH.

(3) In cases of violation against the prohibition of multiple use the customer has to pay a fine 10 times as high as the price for the respective address order which contains the in-admissibly used address. The assertion of ongoing claims for damages is reserved. The compliance with said conditions is being supervised by control addresses which are indi-vidually generated for a certain address delivery. For proof of abuse, the presentation of one multiple used control address is sufficient. Addresses of objects which react on the promotion of the customer or which require offers, are not subject to any limitation in the use of the costumer, except for the addresses of participants of winning competitions, competitions or similar events.

(4) If the delivery regards the service „Marktplatz Hotel Addressen“, the customer has to pay a fine of 100.000,00 € for every time he is responsible for the inadmissible use be-yond the agreed extent – especially the complete copying of the data base or the transmis-sion to a permanent storage space. The assertion of ongoing damages is not affected.

7. Deadline of cancellation and licence services

All licence services last, if not otherwise agreed, 12 months, beginning with the date of the order. licence has to be cancelled by the client three months in advance the termination of the contract. If the customer doesn´t cancel the contract in time the sub-scription extends automatically and without further notice for another 12 months.

8. Privity of contract

All legal questions regarding privity of contract are exclusively applicable to the German law.

9. Data protection

(1) By using the data of Marktplatz Hotel GmbH the customer is obliged to ensure and to keep the protection of data privacy.


(2) According to the Federal Data Protection law, the customer and his representatives are herby informed that Marktplatz Hotel stores his complete address and relevant informa-tion electronically and processes them electronically for the tasks that are connected with the contract.

10. Written form

All changes and additions to the contract have to be put down in writing. This is valid for the renunciation of rights from the contract or these conditions. All declarations and mes-sages made after the contract are only valid in writing.

11. Partial invalidity

If one or more regulations of the contract or these conditions are or become invalid or im-possible to carry out, the validity of the ongoing regulations will not be affected.

12. Place of fulfilment and court jurisdiction

In cases at issue regarding the contract or these conditions the court at Rotenburg/Wümme is having jurisdiction.


Scheessel, 01.09.2006