General Terms and Conditions (AGB) of MICE ALPS

between MICE ALPS and companies,
which offer their services to customers on the platform

§ 1 Validity of the GTC

(1) The following General Terms and Conditions (GTC) shall apply to all contracts and services of MICE ALPS (Markus Lüthge, Alte Tölzer Str 1, 82544 Deining), including future contracts and services, vis-à-vis customers who are not consumers. The version of the GTC valid at the time of submission of the last binding declaration of the customer leading to the conclusion of the contract shall always apply.
(2) MICE ALPS only uses these General Terms and Conditions towards entrepreneurs (§ 14 BGB) within the scope of their commercial or self-employed professional activity (hereinafter referred to as "customer"). By placing an order, the customer declares in a legally binding manner that he is acting as an entrepreneur. MICE ALPS is entitled to have the entrepreneur status proven by submitting documents (excerpt from the commercial register, business registration or similar).
(3) Deviating general terms and conditions of customers are hereby contradicted; such conditions shall not become part of the contract, even if MICE ALPS does not expressly contradict them.

§ 2 Conclusion of contract, terms of payment

(1) By registering on the MICE ALPS platform, the customer accepts the offer of MICE ALPS.
(2) Within the scope and for the duration of the contractual relationship, MICE ALPS keeps the contents and data provided by the customer available on its own or on external servers for internet retrieval.
(3) Should special prices or discounts have been agreed upon which deviate from the price list of MICE ALPS, these shall only apply for one contract term. In the event of an extension of the term by the customer placing a new order, the regular prices shall apply in accordance with the price list of MICE ALPS current at that time, unless otherwise agreed upon individually or a new discount is granted for the newly concluded term.
(4) The remuneration is to be paid in advance at the beginning of the agreed contract period and is due immediately. The obligation to pay is independent of the delivery of the data required for implementation by the customer. All amounts are net amounts, to which value added tax must be added in each case.
(5) After expiry of the respective agreed contract period, MICE ALPS shall be entitled in each case to adjust the prices to the general cost development in the event of further commissioning.
(6) In case of default of payment, MICE ALPS is entitled to block access to the customer's data. The obligation to pay as well as the assertion of the legal damage caused by default remain unaffected.

§ 3 Responsibility of the customer

(1) The customer shall provide MICE ALPS with all information required for the execution of the contract in due time. He assures that he is entitled to pass on and disseminate the data provided by him and that he, for his part, will observe the provisions of data protection law.
(2) The customer is responsible for the correctness, completeness and legality of the data supplied by him and expressly assures that this data is compatible with the applicable law and that he has all the necessary rights to use and exploit this content on the Internet.
(3) In all other respects, § 6 "Posted content, rights of use" shall apply.
(4) Apart from that, the customer is exclusively and solely responsible for the proper execution of an order with users, respectively also for the lawful and proper consultation in case of inquiries, preparation of offers, etc.
The customer is also exclusively and solely responsible for the financial processing of any contracts with users, i.e. MICE ALPS does not assume any responsibility for the user, his liquidity, his conduct, etc.
(5) The customer shall fully indemnify MICE ALPS from all disadvantages and claims by third parties, which arise for MICE ALPS due to infringements of rights committed by him with regard to the contents posted by him or data originating from him or breaches of duty committed by him towards users (potential or actual customers of the customer).

The indemnification obligation shall continue to apply after the end of the contract, in particular insofar as
the claim is based on a breach of law or breach of duty existing during the term of the contract;
the breach of law is found even after removal of the content from MICE ALPS via e.g. Google cache or the web archive;
the breach of law only occurred after the end of the contract and MICE ALPS was not expressly responsible for the removal of the infringing content from the Internet portal.
the breach of duty occurred during the initiation or implementation of the contract with a user (potential or actual customer of the customer) after the end of this contract.

§ 4 Responsibility of MICE ALPS

(1) MICE ALPS is not responsible for the transmission of data from the servers used by MICE ALPS to the customer or third parties and does not assume any costs or responsibility for this.
(2) MICE ALPS undertakes to observe the provisions of data protection law and to use data provided by the customer only within the legally permissible framework. MICE ALPS makes the adopted contents available online to visitors of the Internet for purely informative purposes.
(3) MICE ALPS is not responsible for the data material, but exclusively the customer himself. this refers in particular, but not exclusively, to the content, correctness, topicality, design and completeness of the data. MICE ALPS is also not responsible for changes made to the content by the customer or third parties attributable to him.

§ 5 Rights of MICE ALPS

(1) MICE ALPS reserves the right to change, supplement or delete parts of the internet pages of MICE ALPS as a whole or individual parts thereof, even without prior notice, provided that the entry of the customer is not affected.
(2) MICE ALPS shall be entitled to carry out maintenance work on its own and third party servers and databases, etc. MICE ALPS shall keep disruptions to data retrieval to a minimum. MICE ALPS shall therefore carry out maintenance work primarily outside normal business and office hours, if possible. Should there nevertheless be impairments on the part of the customer, there shall be no entitlement to a reduction in payment, termination of the contract or to the assertion of claims for compensation, unless the impairments would be unreasonable for the customer.
(3) MICE ALPS shall be entitled to temporarily block access to individual data supplied or to delete such data if third parties substantiate infringements of rights by the publication of the data or if there are justified doubts about the lawfulness of the data for other reasons. The claim to remuneration shall remain unaffected in these cases. If the customer does not succeed in proving the lawfulness within the period set for this purpose after being requested to do so by MICE ALPS, MICE ALPS shall be entitled to extraordinary termination.
(4) Regarding the use of contents of the customer as reference or advertisement by MICE ALPS, § 6 paragraph 11 shall apply.

§ 6 Posted contents, rights of use

(1) The customer is solely responsible for all content posted by him.
(2) The customer undertakes to protect the rights of third parties, in particular their personal rights as well as trademark rights, rights of use, ancillary copyrights and exploitation rights.
(3) Insofar as the customer posts images, texts, videos and the like, he assures that he either has the necessary rights himself (e.g. by writing the text himself, taking the picture himself) or has at least obtained the necessary permission in advance from the respective rights holder (e.g. the author of the text, the photographer of the picture, the persons depicted).
(4) The customer undertakes not to post any pornographic, immoral or illegal content of any kind, including, for example, content that is harmful to minors, radical right-wing or left-wing, offensive, inhuman, glorifying violence, insulting, defamatory or other comparable content. The same applies to links to such or comparable content.
(5) Contents which are suspected of violating the rights of third parties can be corrected, blocked or deleted by MICE ALPS immediately without consultation at any time. MICE ALPS shall inform the customer of this immediately.
(6) As far as third parties claim a violation of rights by contents of the customer, MICE ALPS can correct, block or delete these contents at any time. MICE ALPS will inform the customer of this immediately.
(7) The customer is responsible for ensuring that the content he posts is free of malware, viruses, Trojans or other programs or code that could endanger or impair the functionality or existence of the platform.
(8) The customer undertakes to check compliance with these regulations in each case before posting content and also to check it regularly thereafter.
(9) MICE ALPS is neither responsible for actions and omissions of the customer, nor for those of third parties, as far as these have not acted as vicarious agents of MICE ALPS.
(10) The customer agrees that MICE ALPS stores his entry as well as the provided data in the databases and uses these data within the scope of its business activities and in accordance with the legal regulations.
(11) The customer allows MICE ALPS to use and exploit the contents and representations posted by the customer for its own purposes (i.e. in particular to duplicate, disseminate, make publicly accessible and process), e.g. within the framework of MICE ALPS's own advertising material (e.g. advertising flyers, advertising videos etc.), in which exemplary representations of certain customer profiles can be seen or similar. This shall apply for an indefinite period of time, even beyond the duration of the contractual relationship between the user and the provider.

§ 7 Rights to the website

(1) All trademark rights, rights to business designations, rights to names, trademark rights, copyrights, ancillary copyrights and other rights to the website of MICE ALPS, its individual graphic and textual elements and its functionalities and services are the sole property of MICE ALPS and may not be used, disseminated, copied, reproduced, made publicly accessible, performed, broadcast or otherwise exploited without the prior written consent of MICE ALPS.
(2) A transfer of exploitation or other rights to the customer does not take place.

§ 8 Defects of quality and title / Liability

(1) MICE ALPS does not guarantee a certain accessibility for the use of the internet offer. MICE ALPS endeavours to enable a maximum of accessibility within the scope of its own sphere of influence. However, the customer is aware that a permanent accessibility cannot be guaranteed, as the function and availability of the internet are not within the sphere of influence of MICE ALPS. MICE ALPS can therefore not assume any liability for only insignificant or short-term impairments of the usability of the internet offer of MICE ALPS and the retrievability of individual entries. MICE ALPS does not assume any liability for access restrictions which are due to force majeure or other circumstances beyond the sphere of influence of MICE ALPS for which MICE ALPS is not responsible.
(2) MICE ALPS does not assume any liability for the content, data and/or information provided by the customer as well as for content on linked external websites. In particular, MICE ALPS does not guarantee that this content is true, up-to-date or complete, fulfils a specific purpose or can serve such a purpose.
(3) MICE ALPS shall not assume any liability for the successful inclusion of websites, company addresses, advertisements and offers on search engines, online platforms and advertising markets that do not belong to MICE ALPS.
(4) In principle, the timely notification of faults and defects is a prerequisite for their rectification. Claims due to obvious defects which are not notified in writing within two weeks after knowledge or the possibility of knowledge are excluded.
(5) The warranty shall be provided primarily by rectification of defects. If the rectification of defects fails twice, the customer shall have the right to reduce the remuneration or to terminate the contract.
(6) MICE ALPS shall be liable without limitation for injury to life, body or health for which MICE ALPS is responsible. This shall also apply in the case of liability according to the Product Liability Act or in cases of intent or grossly negligent breach of duty. MICE ALPS shall also be liable for damages resulting from slightly negligent breaches of essential contractual obligations, but then limited to the typical average damage foreseeable at the time of the conclusion of the contract.
(7) MICE ALPS does not promise any improvements in positioning or ranking on other sites, such as Google, Yahoo, Bing or other websites / search engines through booked SEO measures. MICE ALPS accordingly assumes no liability for such improvements.
(8) MICE ALPS also does not promise any business contacts, business deals or other increases and successes.

§ 9 Data protection

(1) MICE ALPS collects, stores and processes the personal data of the customer to the extent necessary for the execution of the contract and on the basis of the data protection regulations.
(2) MICE ALPS will not forward personal data to third parties without the consent of the customer outside the scope required for the execution of the contract, unless MICE ALPS is obliged to do so due to the legal situation.
(3) The customer is aware that MICE ALPS has no influence on the use of the information entered by him by the users of MICE ALPS.

§ 10 Contract period

The contract is initially concluded for a period of 1 year from the date of conclusion of the contract. Each contract is automatically renewed for a further 1 year at a time unless notice of termination is given at least 3 months before the end of the current year.

§ 11 Offsetting, assignment, retention

(1) The client may not offset his own claims against the claims of MICE ALPS, unless his own claim has been legally established or is undisputed.
(2) The client may only assign claims from the contractual relationship with MICE ALPS to third parties with the prior consent of MICE ALPS.
(3) The client is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship and is undisputed or has been legally established.

§ 12 Jurisdiction and place of performance

(1) Munich is agreed as the place of jurisdiction for disputes arising from the contractual relationship. MICE ALPS can, however, also choose to sue at the customer's place of jurisdiction or at a legally exclusive place of jurisdiction.
(2) Place of performance is Munich.

§ 13 Governing Law, Authoritative Language, Preservation of Validity

(1) The law of the Federal Republic of Germany shall apply exclusively to the exclusion of conflict of laws.
(2) In case of doubt, the German language shall be decisive or, if there are several language versions of a contract, the version in the German language.
(3) Should any clause of these General Terms and Conditions be or become invalid, this shall not affect the remaining clauses.

Status of the GTC: 01.03.2022