Terms and conditions
Table of Contents
- Scope of Application
- Subject Matter of the Contract
- Conclusion of the Contract
- Performance Disruptions
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Tobias Lindenberg (hereinafter "Agent") apply to all contracts for the brokerage of contracts (hereinafter "Principal Contract"), which a consumer or entrepreneur (hereinafter "Client") concludes with the Agent via the Agent's website. The inclusion of the Client's own conditions is hereby objected to unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly can neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership, who is acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Subject Matter of the Contract
The subject matter of the contract regulated in these GTC between the Client and the Agent is the brokerage of contracts to be concluded between the Client and a third-party provider (hereinafter "Provider"). The content of the Principal Contract results from the respective product or service description on the website of the respective Provider. The Agent's obligation to perform is limited to forwarding the Client to the offer of the respective Provider via an electronic link on his website. The Agent does not become a party to the Principal Contract and does not accept any declarations of intent relating to the Principal Contract. Furthermore, the Agent does not guarantee that a contract will actually be concluded between the Client and the Provider. The fulfilment of the Principal Contract is not carried out by the Agent but by the respective Provider. The legal provisions in the relationship between the Client and the Provider as well as possibly deviating contract conditions of the respective Provider apply to the Principal Contract.
3) Conclusion of Contract
3.1 The Agent provides the Client with various advertising links or advertising banners on his website, which forward the Client to the offers of the respective Providers via mouse click. The provision of these advertising links or advertising banners constitutes a binding offer by the Agent to conclude a brokerage contract, which the Client can accept by clicking with the mouse on the respective advertising link or advertising banner.
3.2 The contract text regarding the brokerage is neither saved by the Agent nor is it accessible to the Client after submission of his contract declaration.
3.3 Only the German language is available for the conclusion of the contract.
The brokerage of the main contract is free of charge for the client. The costs that may arise for the client from the main contract mediated are communicated to the client in the offer of the respective provider and are invoiced directly by the provider to the client in case of a contract conclusion. In this respect, the statutory provisions apply in the relationship between client and provider as well as possibly differing contract conditions of the respective provider.
5) Performance Disturbances
5.1 For performance disturbances in connection with the brokerage of contracts in the relationship between broker and client, the broker is liable to the client according to the legal regulations.
5.2 The broker is not liable for performance disturbances in the main contract between client and provider. The client must assert claims for performance disturbances in the main contract directly against the respective provider.
6) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
7) Alternative Dispute Resolution
7.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
7.2 The broker is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.