Table of contents
- Scope of application
- Subject matter of contract
- Conclusion of contract
- Disruptions to performance
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Tobias Lindenberg (hereinafter referred to as "Agent"), apply to all contracts for the mediation of contracts (hereinafter referred to as "Main Contract"), which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Agent via the Agent's website. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Subject matter of the contract
The subject of the contract between the customer and the agent regulated in these GTC is the brokerage of contracts concluded between the customer and a third-party provider (hereinafter "provider"). The content of the main contract results from the respective item or service description on the website of the respective provider. The service obligation of the intermediary is limited to forwarding the customer to the offer of the respective provider via its website by means of an electronic link. The agent does not become a party to the main contract himself and does not accept any declarations of intent concerning the main contract. Furthermore, the intermediary does not guarantee that a contract is actually concluded between the customer and the provider. The fulfilment of the main contract is not carried out by the intermediary but by the respective provider. For the main contract, the legal provisions in the relationship between the customer and the provider apply, as well as any contractual conditions of the respective provider that deviate from these.
3) Conclusion of contract
3.1 The agent provides the customer with various advertising links or banners on his website, via which the customer is forwarded to the offers of the respective provider by mouse click. The provision of these advertising links or banners represents a binding offer by the intermediary to conclude an intermediary contract, which the customer can accept by clicking on the respective advertising link or banner with the mouse.
3.2 The text of the contract regarding the brokerage is neither stored by the broker nor is it accessible to the customer after submission of his contractual 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 customer. Any costs incurred by the customer as a result of the brokered main contract shall be notified to the customer in the offer of the respective provider and, in the event of a contract being concluded, shall be settled directly by the provider with the customer. In this respect, the statutory provisions apply in the relationship between the customer and the provider as well as any contractual terms and conditions of the respective provider that deviate from these.
5) Service disruptions
5.1 The agent is liable to the customer according to the statutory provisions for service disruptions in connection with the brokerage of contracts in the relationship between the agent and the customer.
5.2 The agent is not liable for disruptions to performance in the main contract between the customer and the supplier. The customer has to assert claims due to service disruptions in the main contract directly against the respective provider.
6) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
7) Alternative dispute resolution
7.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
7.2 The intermediary is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.