General Terms and Conditions (GTC) for contracts with users of the videos offered on the platform www.virtualcitytours.org and Business Partners (Members)
Stand 1. November 2020
I. Object of the agreement and validity
1) The present agreement regulates the rights and obligations of the parties in connection with the use oft he platform www.virtualcitytours.org.
2) The platform www.virtualcitytours.org is operated by:
Virtual City Tours GmbH
8914 Aeugst am Albis
(hereinafter Virtual City Tours GmbH)
3) A user is defined as anyone who opens a login account on the website of www.virtualcitytours.org, e.g. with the intention of watching a virtual city tour (video) on the platform. In the following, users as well as Business Partners are referred to as Members.
4) Anyone who opens a B2B account on the website of www.virtualcitytours.org is considered a Business Partner. In the following, Business Partners together with Users will be referred to as Members. Die nachfolgenden Bestimmungen gelten ab der Eingabe von Daten zur Eröffnung eines Accounts auf www.virtualcitytours.org durch den Nutzer bzw. Business Partner.
5) The following terms and conditions apply from the time the User or Business Partner enters data to open an account on www.virtualcitytours.org.
6) By registering at www.virtualcitytours.org, the member expressly and unreservedly agrees to these conditions.
7) When registering, members must declare that they have read and understood these Terms and Conditions and accept them by placing a check mark in the checkbox. For all members who register on www.virtualcitytours.org these terms and conditions and contracts apply exclusively, even if the use or access is from outside Switzerland.
8) Regulations deviating from these GTC, in particular the terms and conditions of members, are hereby expressly rejected. If the Member does not accept these Terms and Conditions, the website must not be used.
II. Change of Conditions
1) Virtual City Tours GmbH has the right to change the content of these conditions with the agreement of the members, as long as the change is reasonable for the members considering the interests of Virtual City Tours GmbH. Virtual City Tours GmbH will inform the members about the change of the terms and conditions by email to the address given by the member at least 2 weeks before the change.
2) The agreement to the change of the GTC is considered as given, unless the Member objects to the change or terminates the contract within one month after receipt of the change notification.
3) Virtual City Tours GmbH commits itself to inform the members about the possibilities of objection and cancellation, the deadline and the legal consequences, especially with regard to an omitted objection.
III. Transfer of rights under this Agreement
Virtual City Tours GmbH may transfer its rights and obligations under this contract to a third company, e.g. a foreign company or an affiliated company (transfer of contract). In the case of the transfer of the contract, the member has the right to cancel the contract with effect from the date of the transfer.
A. Services to users
1) Users can watch free or paid virtual city tours as videos on the platform www.virtualcitytours.org.
a) The service of Virtual City Tours GmbH only includes making the concerned video accessible via a video player integrated in the platform.
b) Virtual City Tours GmbH is a provider of hosting services for this content. The content is the responsibility of the person or legal entity that posts and makes it accessible within the framework of the service.
2) Virtual City Tours GmbH also arranges city tours on site. In the course of this, users can book local city tours with city guides on the platform www.virtualcitytours.org. Virtual City Tours GmbH only mediates between users and local guides. Virtual City Tours GmbH is in no way a party to the contract between the guide and the user, unless Virtual City Tours GmbH itself conducts the city tours on site. Virtual City Tours GmbH explicitly does not conduct the city tours on site.
B. Services to Business Partners
1) Business partners can log on to the platform www.virtualcitytours.org. For a fee they can book a fixed number of views of videos in their account.
a) A view represents the single viewing of a video by a user.
b) Business Partners can make the purchased views available to their customers or third parties via an individual hyperlink or voucher code. If these persons subsequently access the service using the individual hyperlink or voucher code, they (as users) can watch the relevant video free of charge.
c) The price per view is based on the separate price list.
2) Business partners can access a dashboard to manage the views. On this you can see, for example, how many videos sponsored by them have already been viewed.
3) Business Partners can also place advertisements for their business on the www.virtualcitytours.org platform. The conditions for this offer depend on the separate price list and any individual agreements in text form between the business partner and Virtual City Tours GmbH.
V. Authorisations and restrictions
A. For users
1) Subject to this compliance and applicable laws users may access and use the Service in the form made available to them. They may view content for their personal, non-commercial use.
2) However, the use of the Service is subject to certain restrictions. The following is not permitted:
a) Access, reproduce, download, distribute, transmit, display, sell, license, modify, adapt or otherwise use any portion of the Service or Content except (a) in the manner authorized by the Service; or (b) with the prior written consent of Virtual City Tours GmbH and, where relevant, the respective copyright holders; or (c) to the extent permitted by applicable law.
b) Bypass, disable, fraudulently use or otherwise interfere with the service or the security related functions of the service (including attempts to do so). Furthermore, it is not permitted to bypass, deactivate, fraudulently use or otherwise impair other functions of the service (this also applies to attempts to do so).
c) To access the service with automated procedures (e.g. robots, botnets or scrapers), except (a) after prior approval by Virtual City Tours GmbH in text form or (b) if permitted by applicable law.
d) Use the Service to view or listen to content outside of private, non-commercial use (such as a public screening of videos).
3) Any rights not expressly granted to users in this agreement remain with Virtual City Tours GmbH or the respective rights holders. This means, for example, that by using the service, users do not acquire any copyrights or other intellectual property rights to the content they access. This also applies to trademarks used or displayed on the service.
B. For Business Partners
1) Business Partners acquire with the Views only the right for users to view the selected video(s) for free. Business Partners do not acquire any rights to the video itself.
2) A refund of paid views is excluded. Virtual City Tours GmbH does not guarantee that purchased views are actually used by users.
3) Views expire within 24 months of purchase.
4) If the video for which the Business Partner has purchased views is prematurely deleted from the Platform, any views purchased by the Business Partner will expire without compensation.
VI. City Tours on Site
1) A contract for city tours mediated by Virtual City Tours GmbH is only concluded between the user and the city tour guide if Virtual City Tours GmbH does not conduct the city tours on site itself.
2) If Virtual City Tours GmbH does not conduct the city tours on site itself, it does not assume any responsibility for the city tours on site. Especially not for the quality and execution of the tour. Neither do users have any claims for reimbursement against Virtual City Tours GmbH if the booked city tour does not take place.
VII. Registration for an account
1) When registering an online account, members can manage and store information about their videos and their address data, bank details and a possible newsletter.
3) Die Registrierung ist kostenlos. Jedes Mitglied ist nur berechtigt, ein Kundenkonto zu unterhalten. Die Virtual City Tours GmbH behält es sich das Recht vor, mehrere Anmeldungen zu löschen und registrierte Mitglieder, die gegen diese AGB oder Einzelvereinbarungen verstossen, zu ermahnen, entschädigungslos zu sperren oder ihre Inhalte zu löschen oder zu ändern.
4) Virtual City Tours GmbH is not obliged to accept the registration of a member.
5) The transfer of a member account is expressly prohibited.
VIII. Payment terms / Credit check
1) Orders are generally due for payment immediately.
2) The Customer has the possibility to pay with the means of payment displayed on the website or during the ordering process. These may change from time to time and they can be country-specific. In addition, Virtual City Tours GmbH reserves the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (e.g. to secure our credit risk only those methods according to the respective credit rating). Virtual City Tours GmbH is explicitly authorised by the member to carry out credit checks at their own discretion and to pass on client data to third parties for this purpose if necessary.
3) By choosing the means of payment, the Member authorises the payment either by entering the credit card data or access data of a payment service provider. The client authorizes Virtual City Tours GmbH to accept or collect payments in the appropriate way. Should there be a chargeback, Virtual City Tours GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore Virtual City Tours GmbH is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment according to your order.
4) If members pay with a credit card or an alternative payment method, Virtual City Tours GmbH reserves the right to check the validity of the card, to check the availability parameters for collection and address data and to request authorisation from the card issuer or payment provider. Furthermore, the member confirms that the credit card is valid and that the payment data entered is correct. If payment is refused, Virtual City Tours GmbH reserves the right to cancel the order. In this case Virtual City Tours GmbH will contact the member immediately.
5) In the case of payment by invoice (prepayment), the member will receive the invoice with payment slip by e-mail. Payment must be made using the payment slip within the payment period indicated on the invoice. If payment is not made in due time, Virtual City Tours GmbH is entitled to charge its expenses for each reminder of at least CHF 50.00 and other costs connected with the collection as well as the legal default interest. Should it become necessary to initiate debt collection, Virtual City Tours GmbH can charge an additional processing fee of at least CHF 200.
IX. Revocation Instruction
A. Right of withdrawal
Members have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise their right of withdrawal, members must inform us (Virtual City Tours GmbH, Wängibadstrasse 6, 8914 Aeugst am Albis, Tel.: +41 76 566 10 67, E-Mail: firstname.lastname@example.org) by a clear statement (e.g. a letter or e-mail sent by post) of their decision to withdraw from this contract. They may use the attached model revocation form for this purpose, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for Members to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
B. Consequences of revocation
If Members withdraw from this Agreement, we shall reimburse them for all payments we have received from them, including delivery charges (except for any additional costs incurred as a result of Members choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will them be charged for this refund.
C. Special notice
The client explicitly agrees that Virtual City Tours GmbH starts to execute the contract before the end of the cancellation period. The member is aware of the fact that he/she loses his/her right of revocation with the beginning of the execution of the contract.
D. Sample revocation form
If members wish to revoke the contract, they can do so using the sample revocation form below (download). The use of the sample revocation form is not mandatory:
X. Duration of the right of use and termination
1) The contract period between Virtual City Tours GmbH and the member is unlimited. It can be terminated at any time and without compliance with a deadline by the member or Virtual City Tours GmbH.
2) For cancellation a message via the contact form to Virtual City Tours GmbH is necessary, stating the first three letters of the password.
3) Special right of termination: Virtual City Tours GmbH is also entitled to discontinue the platform www.virtualcitytours.org, the services offered on it or parts of it without prior notice and without compensation. To the same extent the member's right of use ends automatically.
XI. Database right
The contents and contributions that can be called up on www.virtualcitytours.org represent a database protected by copyright. It is forbidden to adopt or edit this database in its structure in whole or in part without the consent of Virtual City Tours GmbH.
1) Virtual City Tours GmbH is liable in case of violation of its own obligations arising from these GTC and the contractual relationships based on them for damages caused and proven by Virtual City Tours GmbH due to unlawful intent or gross negligence. For slight and medium negligence as well as for indirect and consequential damages, liability, whether based on contract, tort or any other reason, is expressly excluded. Indirect damages are for example loss of profit, financial loss, damage to reputation or loss of data due to temporary impairment or interruption of the availability of the services of Virtual City Tours GmbH. Furthermore, Virtual City Tours GmbH does not assume any contractual or non-contractual liability for damages caused by auxiliary persons who are used to provide the service.
2) The above exclusions and limitations of liability do not apply in case of culpable injury to life, body and health directly caused by Virtual City Tours GmbH as well as in case of mandatory legal regulations, including the regulations of the Product Liability Act.
3) Subject to the above, the total liability according to these GTC, regardless of the reason, and as far as legally permissible, is limited to the value of the service Virtual City Tours GmbH provides within the scope of its services.
4) In case of an event beyond our control and influence (so-called force majeure), we do not accept any liability or responsibility for the non-fulfilment or delayed fulfilment of any obligations arising from these GTC and the contractual relationship based on them. An event beyond our control is for example in the following cases:
strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, road or other means of public or private transport.
Should an event outside our control occur which affects the fulfilment of our obligations within the contract, we will inform you of this at the earliest possible time.
XIII. Data protection
XIV. Severability clause
If one of the provisions of these GTC is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the greatest possible account of the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract. The same applies to possible gaps in these general terms and conditions.
XV. Applicable law and place of jurisdiction
1) These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Swiss law to the exclusion of the conflict of laws rules.
2) This contract shall be governed exclusively by Swiss law to the exclusion of conflict of laws and UN sales law.
3) Place of jurisdiction for disputes arising from this agreement is the registered office of Virtual City Tours GmbH.
4) These provisions shall only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his habitual residence which take precedence over these GTC.
XI. Amendment of these provisions
A change of these conditions can be effected either by separate written agreement or by the publication of the changed conditions at www.virtualcitytours.org. Information of the video producers via e-mail by Virtual City Tours GmbH