for commercial / non-commercial providers
(museums, tourist offices, amusement parks, cities, municipalities, zoos, schools and associations, trade fairs, event organisers, etc.)
Status: 12.02.2022

Scope of application

Check for Trips GmbH operates on the Internet under the domain “yourmobileguide.com”, among others, a platform and software application (hereinafter referred to as “Service”) which can be used via the Internet and which supports entrepreneurs in the creation and management of audio tours. The provider of the Service is Check for Trips GmbH, Hintergasse 6, 65428 Rüsselsheim – hereinafter: CFT.
These terms and conditions in their currently valid version shall apply to all business relations, including future ones, between the user and CFT. Deviating, conflicting or supplementary GTC of the user shall not become part of the contract unless their validity is expressly agreed in writing upon conclusion of the contract. Any reference to the user’s terms and conditions of business in the form of a form is expressly rejected.

Subject matter of the contract

CFT provides the above-mentioned target group (users) with a platform in which they can manage their audio tours and site plans.
The respective scope of services shall be based on the service package selected by the user and shall basically include the possibility of creating, sharing for use and managing various audio tours in connection with the software / application provided.

Conclusion of contract

The use of the service is only possible within the framework of a user contract.When concluding a user contract, the user is obliged to provide only truthful information about himself and the company and to keep his data up to date at all times.
CFT initially offers the conclusion of free user contracts for a period of 2 months. In this case, the provision of the registration form by CFT is already an offer to conclude such a contract. The user accepts this offer by filling in the form and sending it off with the associated button.
After expiry of these 2 months, the minimum term is 12 months. The term is automatically extended and can be terminated monthly.

Copyright and rights of use

a) The user is and remains the owner of the contents and the copyrights to the audio tours.
b) By uploading the audio tours to the platform, the user grants CFT the worldwide, non-exclusive, free-of-charge right to exploit and use these audio tours for the purpose of performing the service (including hosting them, making them publicly available, sublicensing, copying, distributing, editing, displaying and reproducing them).
c) The user also grants the users of the platform the worldwide, non-exclusive right, either free of charge or subject to a charge, at the user’s choice, to access and use the selected audio tours within the framework of the service (including copying, display and reproduction), insofar as this is necessary and made possible by functions of the service.

d) The user allows CFT to promote his content / audio tours on the internet, social media, app stores and third party travel platforms.The author grants CFT the right to use parts of his content / audio tours to promote these audio tours.
e) The user grants CFT the right to use his/her name and logo/brand as a reference for advertising purposes.

Third party rights, release from claims

a) The user declares that he/she is the unrestricted owner of the copyright to the contents of the audio tours, that he/she can freely dispose of the contents of the audio tours and that the contents of the audio tours are free of third party rights, in particular copyrights, property rights (property release) and personal rights of the persons depicted. The user declares that no rights of third parties oppose the exploitation of the audio tours.
b) Should a claim be made against CFT in respect of the audio tours due to the infringement of copyrights, personal rights or other rights, the user shall indemnify CFT immediately and in full against these claims upon first request.
c) The user shall be obliged to assist CFT in the event of a legal dispute. In particular, the user shall immediately provide CFT with all information required for a clarification.The user shall also reimburse CFT for the costs which arise or have arisen as a result of legal action or legal defence.

Fee, payment

Insofar as the use of the service is subject to a charge, the costs are based on the information in the respective price list.All prices are subject to value added tax. All payments shall be made in advance and may be made by means of the payment procedures offered.CFT may commission a qualified payment provider with the collection of receivables, which shall also store the payment information.

Insofar as CFT offers payment by credit card, the credit card shall be charged immediately after completion of the respective purchase process via the credit card details provided.

Insofar as CFT offers payment by PayPal, the Paypal account shall be debited immediately after completion of the respective purchase process via the specified Paypal account.Insofar as the parties agree on the payment method “direct debit”, the user shall grant CFT a SEPA Basic Mandate / SEPA Company Mandate for the collection of the respective claim due, also for recurring payments and liabilities in changing amounts. The period for advance notice (pre-notification) shall be reduced to 1 day, if permissible. The user assures to ensure that the account is covered.

Insofar as the parties agree on the payment method “Immediately”, the user shall make a transfer of the respective claim due to CFT.Costs incurred due to non-redemption or chargeback of a payment order shall be borne by the user as long as the non-redemption or chargeback was not caused by CFT.

Duties and obligations of the user, backup copies

The user chooses access data for the purpose of using the service.The user shall be obliged to keep these access data secret and to inform CFT immediately of the loss or unauthorised use of the access data by third parties. The user shall not be permitted to make access data available to third parties. CFT shall be entitled to block access data if there is any suspicion of unauthorised use or misuse of the data.The user shall be obliged to regularly back up the data stored in the service, namely the documents, audio files, images, etc. created or managed by downloading.

Data protection

The parties shall observe the applicable data protection regulations, in particular those valid in Germany.
If the user collects, processes or uses personal data of third parties, he shall guarantee that he is entitled to do so in accordance with the applicable provisions, in particular those of data protection law, and shall indemnify CFT against claims of third parties in the event of a breach.

Liability

The parties shall be liable to each other without limitation in the event of intent or gross negligence for all damage caused by it and its legal representatives or vicarious agents.In the event of slight negligence, the parties shall be liable without limitation in the case of injury to life, body or health.

Otherwise, a party shall only be liable insofar as it has breached a material contractual obligation. Material contractual obligations are those obligations which are of particular importance for the achievement of the purpose of the contract, as well as those obligations which, in the event of a culpable breach, may lead to the achievement of the purpose of the contract being jeopardised. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage. CFT’s strict liability for damages in accordance with §536a of the German Civil Code (BGB) for defects existing at the time of conclusion of the contract shall be excluded; the above paragraphs shall remain unaffected.

Liability under the Product Liability Act shall remain unaffected.

Term, cancellation

The first 2 months are free of charge and can be cancelled at any time. Thereafter, the minimum term is 12 months.

a) after the minimum term may be terminated at any time by either party with 1 month’s notice.CFT shall remove the content from its own platform and from third-party platforms within 15 days and discontinue any advertising for the user.
b) The user also has the option to remove individual or multiple audio tours at any time without the full termination of this contract.After removal, the term of the licence in respect of the removed audio tour ends.
c) If the user removes audio tours, CFT is not obliged to recall audio tours that have already been downloaded by platform users to their mobile device via the YourMobileGuide app or to delete copies that CFT is obliged to retain for legal reasons.
d) If any content of audio tours violates this Agreement or the rights of third parties, or CFT may reasonably believe that it does, CFT may remove the relevant audio tour or parts thereof. CFT shall inform the user of the relevant reasons and, if possible, give the user the opportunity to stop or remedy the infringement.
e) If the user no longer has the rights required under this agreement, the user shall remove the content.

Changes to these GTC

CFT shall have the right to amend the provisions relating to the service to be provided at its reasonable discretion, taking into account technical requirements and market conditions, insofar as this is reasonable for the user.
Amendments to these General Terms and Conditions shall be published in the Service. The user shall be informed in text form of changes to the GTC that do not fall under para. 1. The changes shall become effective unless the user objects to the respective changes no later than 14 days after receipt of the notification of change. The user shall be informed of the significance of his silence together with the notification of change.

Final provisions

The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the user does not have a general place of jurisdiction in Germany or if the user’s place of residence or habitual abode is unknown at the time the action is brought.