GENERAL TERMS AND CONDITIONS OF ADVERTISING (GTA)
for the marketplace
“Hunter meets Hunter”
byHunter meets Hunter GmbH
Provincial Court Linz, commercial register number 444237s
Sprinzenstein 4, 4150 Rohrbach-Berg, Austria
1. Scope of application of the GTA
The following general terms and conditions of use (GTA) apply to all business relations between the hunting organiser on the one hand and Hunter meets Hunter GmbH (“provider“) on the other hand, on the basis of creation, procurement, sale and the purchase as well as the exchange of “tickets” for hunting events via the mobile and online accessible marketplace “Hunter meets Hunter“ (“marketplace“), even if not referred to explicitly in any particular case. The decisive version shall be the GTA valid at the time of the conclusion of the contract. Any deviating, contrary or supplementing general terms and conditions of Business (GTC) shall not become part of the contract, even if known, unless the provider expressly agrees that they shall apply in writing. The provider hereby expressly objects to any GTC of the organiser. Any changes to the GTA shall be made known to the customer and shall be deemed agreed upon unless the customer objects to them in writing within 14 days; the significance of remaining silent will be expressly pointed out to the customer in the notification.
The contractual relation with the customer is subject to the provider’s GTC [ https://www.huntermeetshunter.com/en/allg-nutzungsbedingungen ] in the version valid at the time, which forms an integral part of the following GTA.
2. About Hunter meets Hunter
“Hunter meets Hunter“ is a direct channel made available by the provider to the organiser for the presentation of his hunting event and for the sale/barter of “tickets“ for hunting events. Any contract of purchase where the platform “Hunter meets Hunter“ acts as an agent, is between the customer and the identified organiser, any barter agreement is between the two organisers directly. Furthermore, by purchasing a ticket a hunting event contract materializes between the customer and the organiser, for the fulfilment and execution of which the organiser alone is responsible. In the case of barter, two hunting event contracts materialise between two organisers. The tickets issued and procured by the provider entitle the customer to participate in the hunting event arranged by the organiser.
The organiser accepts that the service carried out by the provider is to keep the contents (e.g. copy, graphics, photos, videos : “content”) online retrievable and to procure tickets. For any concerns and reclamations in connection with the hunting event the customer has to address the organiser directly.
The provider acts as a mere technical agent/host with regard to the distribution of the organiser’s contents and has neither influence over the distributed content nor does he control it. For the content, the respective organiser is solely responsible. A responsibility according to § 16 ABS 1 ECG occurs only if the provider has knowledge of illegal content and does not block it immediately after gaining knowledge. Any content that violates rights according to the organiser can be made known to the following e-mail address: info@huntermeetshunter.com
3. Services and Order Processing
1. Matter of the contract is the retrievability of information about the organiser’s hunting events (hereinafter abbreviated: “content” like photos, copy, logos, videos, graphics etc.) on the provider’s online platform (hereinafter abbreviated: “services”) which is currently (primarily) retrievable under www.huntermeetshunter.com.
2. Any subsequent changes to the contract’s service content require the provider’s written confirmation. Within the framework given by the organiser, the provider basically has creative freedom when fulfilling the order.
3. The provider is obliged to make a personal online access (web interface) available for the organiser at the latest within 14 days after commissioning in order to update (upload) content onto the platform and keep it retrievable.
4. Apart from keeping the content retrievable, the provider has no further obligation to market the content. The contract parties undertake to support each other with the promotion of the contractual placements.
5. If the provider’s service gets delayed for reasons beyond the provider’s control, e.g. force majeure, breach of the organiser’s duties of cooperation (see point 3) and other unforeseeable circumstances, which cannot be avoided by means of reasonable measures, the contractual obligations are suspended for the impediment’s duration and within the limits of its effect. The deadlines will be extended accordingly.
4. Rights and duties of the organiser
1. The organiser has the obligation to cooperate. Therefore, he will update in time and in full on the platform the content, which is appropriate and necessary to achieve the purpose of the contract. Together with the support of the provider and with the use of the web interface, it is basically the organiser’s responsibility to keep the content of high quality and up to date.
2. It is up to the organiser to ensure security and confidentiality of the access data to his personalised online area.
3. The organiser commits to make use of the services only in accordance to legal requirements, particularly the relevant hunting laws, and refrain from any misuse. When using the contractual services, the organiser guarantees to no violate any rights, especially the violations of copyrights, trademarks and other labelling, the law against unfair competition, personal rights and commercial property rights and not to offer hunting with regard to animals protected by nature conservation, animal- or species protection. The organiser guarantees to have cleared the rights of the uploaded content. This clearance of rights has to include in particular the personal rights of the persons depicted. In case of violation against these guarantees, the organiser has to indemnify and hold the provider harmless.
4. The transfer of the organiser’s content shall be online in electronic version. If the delivery takes place in the form of a hard copy (CD, DVD, USB-stick etc.) the property of the hard copy passes on to the provider.
5. Together with the transfer/delivery, the organiser transmits the non-exclusive, geographically unlimited and transferable right to the comprehensive exploitation, processing and advertisement of the content within the scope and time of the contractual relationship.
6. The organiser is obliged to conclude the customer contract which he gained via the platform also via the platform. Any circumvention shall be prohibited.
7. Translation services can be used on the platform. The translations only serve the convenience of the user. The provider does not take any responsibility for the correctness and accuracy of the translation. The original, untranslated copy is decisive for the content of the commitment made.
8. Unless otherwise agreed, the purchase price has to be paid in Euros. In case prices are also displayed in other currencies, these conversions are only at the customer’s convenience. The provider does not assume any liability for the correctness and accuracy of the conversion for the purpose of information.
5. Rights and duties of the provider
1. The provider is entitled but not obliged to control the content and to make changes, especially to avoid typing errors, as long as he does not change the meaning.
2. The organiser takes note that the platform is put up for public needs and requirements. The provider assumes no warranty and accepts no liability for the procured services being correct, up to date, faultless and complete and does not guarantee for any specific usability. The provider therefore does not guarantee for any interruptions, disturbances, delays, deletions, mis-transfer or memory failure in connection with the use of services or communication with the customer.
3. The organiser takes note that the services procured by the provider are also made available by including the services of third party network operators and (social) media channels. The availability of these services therefore is dependent on the technical supply of external network services, upon which the provider has no influence.
4. The provider is entitled to suspend his services for internal reasons, e.g. maintenance purposes, for a short and reasonable time. The organiser can derive no claims from these suspensions; in return the provider will try his best for a rapid troubleshooting.
6. Duration/contract termination
1. Unless otherwise agreed, the duration of the GTA is of unlimited time and can be terminated by both parties by means of a written declaration after the expiry of the agreed, fixed contract duration and subject to a notice period of 6 weeks at the end of every quarter.
2. Each contract partner is entitled to terminate the contract on important grounds. An important ground is in particular, if the other contract party continues to violate essential contractual provisions of this contract, despite a written warning with a grace period of 14 days in order to rectify the infringement.
7. Placement fees
For publishing the content, the procurement of the customer and the issuing of tickets, the provider is entitled to the following participation of the hunting event’s indicated gross value:
The percentage of commission to be paid to the provider depends on how many hunting events the seller sells per calendar year and becomes less as the number increases. The following offsetting key is used:
- 1-3 events sold: 9.5%+VAT per sale
- 4-9 sold events: 8.0% + VAT. per sale
- from the 10th sold event: 6.5% + VAT. per sale
The percentages refer to the total sales amount of the event.
When changing to a lower percentage, no credits will be issued retroactively to the previous events.
By the voluntary increase of the percentage the organizer can improve the ranking of its offers.
The entitlement to participation becomes due with the issuing of the ticket.
8. Placement fees
1. Unless otherwise agreed, the organiser is obliged to pay the provider’s bills within 14 days, directly to the organiser.
2. In case of any payment default by the organiser, statutory default interest applicable to entrepreneurs shall apply. Furthermore, in case of any payment default, the organiser undertakes to refund the provider for any letter of demand and debt collection costs, as far as they are necessary for appropriate legal persecution. This includes in any case the cost of two reminders, € 15 each, as well as the costs for a reminder according to the tariff of an attorney at law who pursues the collection. The assertion of further rights and demands remains unaffected thereby.
3. In case of any payment default by the organiser, the provider can declare due all services and partial services rendered, also within the scope of other contracts concluded with the organiser. Furthermore, the provider is not obliged to procure any more services until the outstanding amount has been payed.
4. If terms of payment by instalments have been agreed upon, the provider shall have the right to declare all outstanding claims to be due and payable by the customer forthwith in case of payment default of instalments or accessory claims. Accordingly, a loss of appointment is deemed to have been agreed.
9. References
1. Until the organiser’s further written notice, the provider is entitled to indicate the business relation to the organiser on his own advertising media, especially his website with the name and company logo.
10. Warranty/liability
1. The provider guarantees for his very own services (but not for the content) according to §§ 922 et seq. of the Austrian General Civil Code (ABGB).
2. The liability of the provider and their bodies, employees, contractors and other vicarious agents (“people”) shall be limited to intent or gross negligence; liability for slight negligence shall be excluded. Such exclusion of liability shall not apply to personal injury and damage to property that has been taken over for processing by the provider. Any exclusion or limitation of the provider’s/organiser’s liability shall also apply to the personal liability of their people.
3. The provider bears liability only for his own content; the provider does not appropriate any external content.
11. Data protection
1. The provider declares to adhere to the Austrian law of data protection (DSG) and to offer sufficient guarantee of a lawful and secure data processing to his clients from a data protection point of view (= organiser).
2. As a service provider to the organiser, the provider underlies especially the following legal requirements according to § 11 para. 1 DSG:
a) to use the data only within the scope of the client’s contract; especially the transfer of the used date is forbidden without the client’s order;
b) all the necessary data protection measures according to § 14 have to be made: especially for the services only those employees shall be used, who have undertaken to commit themselves to data confidentiality towards the service provider or underlie a legal duty of confidentiality;
c) to use further service providers (with the exception of cloud service providers based in the EWR) only with the client’s approval and therefore to inform the client of the intended use of a further service provider in time to allow him to prohibit this use if need be;
d) eligible depending on the type of service: to provide all necessary technical and organisational prerequisites for the fulfilment of the client’s duty to inform, correct and delete in accordance with the client.
e) to transfer all results of processing and documents which contain data to the client or to keep them or to destroy them on the client’s order after termination of the service;
f) to provide the client with all information necessary to ensure the accordance with the obligations stipulated under lit. a) to e). a) to e) mentioned obligations are necessary.
3. The provider underlies the legal obligation to take measures which guarantee data security (§ 14 para. 1 DSG). Depending on the type of data used, on scope and purpose of use and taking into account the present conditions of technical possibilities and taking into account the economic viability, it has to be ensured thereby, that the data are protected from accidental or unlawful destruction and from loss, that their use is lawful and that the data are not accessible to unauthorized persons. Taking into account the present conditions of technical possibilities and the cost of their implementation, these measures shall guarantee a level of protection adequate to the risks represented by the processing and the nature of the data to be protected. To the extent necessary,
a) it has to be explicitly stipulated the distribution of tasks between the organisational units and the employees when processing data
b) the use of data has to be subject to the presence of valid orders by the authorized organisational units and employees
c) every employee has to be instructed about his existing duties according to DSG and to the intra-organisational data protection requirements including the data security rules
d) the access authorization to the client’s or employer’s premises has to be regulated
e) access authorization to data and programmes and the data carriers’ protection of unauthorized access and use has to be regulated
f) the authorization to operate the data processing devices has to be stipulated and every device has to be protected against unauthorized commissioning by arrangements with the devices or programmes in use,
g) minutes have to be kept in order to allow traceability of the actual use, especially changes, enquiries and transfers, with regard to their legitimacy in the extent necessary,
h) a record of the taken measures according to lit a) to g) has to be taken in order to facilitate control and preservation of evidence.
12. Other terms
1. If individual provisions of this contract are or become ineffective in full or in part, or if there is a gap in this contract, the validity of the remaining provisions shall not be affected thereby.
2. Modifications of and amendments to this contract shall only be valid if made in written form. This shall also apply to any waiver of the requirement of the written form. The requirement of the written form will be deemed complied with by sending a message by email or telefax, or by clicking a corresponding button.
3. If in this contract any references to natural persons are made only in the male form, these shall be deemed references to men and women alike. When referring to individual natural persons, the respective gender form applicable shall be used.
13. Applicable law / place of jurisdiction / place of performance
1. Substantive Austrian law applies to this contractual relationship, excluding the reference norms.
2. The place of jurisdiction for all disputes arising directly or indirectly from the contract is agreed to be the locally and materially competent Austrian court for Linz.
3. The place of performance for the contractual services is Linz.
