General Terms and Conditions for the "DestinationHub.Ruhr" portal

1 Operator and Scope

  1. The operator of the Touristisches DestinationHub.Ruhr platform in the Ruhr Metropolis is Ruhr Tourismus GmbH, Centroallee 261, 46047 Oberhausen, Tel: 0208 / 89958118, email: info‎@ruhr-tourismus.de, Internet: www.ruhr-tourismus.de, commercial register: HRB 21124, Duisburg, VAT ID: DE 196884225, managing directors: Axel Biermann and Thorsten Kröger, chairman of the supervisory board: Bruno Sagurna
  2. Ruhr Tourismus GmbH makes works available to its users on the DestinationHub.Ruhr. Use of the DestinationHub.Ruhr is free of charge. The DestinationHub.Ruhr may only be used within the framework of the statutory provisions and within the framework of these General Terms and Conditions (hereinafter "GTC").
  3. These GTC contain the conditions and rules of conduct for the use of DestinationHub.Ruhr. They also apply to all legal transactions and actions similar to legal transactions carried out between the user and Ruhr Tourismus GmbH. Unless otherwise agreed, these GTC apply exclusively in the version valid at the time of registration by the user.
  4. General terms and conditions of the user that contradict these terms and conditions, deviate from these terms and conditions or supplement these terms and conditions do not apply unless Ruhr Tourismus GmbH expressly agrees to their validity in individual cases and in writing.
  5. These General Terms and Conditions also apply if Ruhr Tourismus GmbH carries out services without reservation in the knowledge of the user’s conditions that conflict with or deviate from these General Terms and Conditions.
  6. Ruhr Tourismus GmbH is entitled at any time to change, cancel or replace these General Terms and Conditions, including the regulations on the license granted, for objective reasons such as changes in the law, changes in case law or changes in the economic situation. Ruhr Tourismus GmbH will inform users who are already active about the changes or the new terms and conditions by e-mail, with reference to a separate website. The user has 14 days to decide whether he/she agrees to the changes or the new terms and conditions. If the user decides not to agree to the changes or the new terms and conditions, Ruhr Tourismus GmbH reserves the right to exercise its right to ordinary termination. Ruhr Tourismus GmbH will inform the user separately on the website of the 14-day period and the right to ordinary termination. During these 14 days, the user can use the DestinationHub.Ruhr unchanged, subject to these GTC. 

 2 Definitions

  1. "User" can be a natural, legally competent person over the age of 18 or a legal entity under private law or a legal entity under public law or an institution or facility.
  2. "Works" are all products protected by ancillary copyright law, in particular personal intellectual creations in accordance with Section 2 of the Act on Copyright and Related Protection Rights (Copyright Act) and photographs in accordance with Section 72 of the Act on Copyright and Related Protection Rights (Copyright Act).
  3. "Cardinal obligation" is an obligation, the violation of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on compliance with which the user could rely. 

3 Use of Works

Ruhr Tourismus GmbH makes works available on the DestinationHub.Ruhr. The user may use these works in accordance with the Creative Commons license "CC BY-SA", "CC BY" or "CC0". The license granted must be observed. In concrete terms, this means for the user in particular: 

If the Creative Commons license "CC BY-SA" is granted, the work can also be used for commercial purposes. The author of the work must always be named. Adaptation of the work is permitted, including for commercial purposes. The work – including the edited work – must be passed on under the same conditions. The Creative Commons license "CC BY-SA" also applies when the work is passed on. Should third-party claims be made against Ruhr Tourismus GmbH as a result of the use of the works that does not comply with the Creative Commons license "CC BY-SA", the user shall indemnify Ruhr Tourismus GmbH from all claims in this respect. 

If the Creative Commons license "CC BY" is granted, the work can also be used for commercial purposes. The author of the work must always be named. Editing of the work is permitted, including for commercial purposes. Should third-party claims be made against Ruhr Tourismus GmbH as a result of using the works that do not comply with the Creative Commons license "CC BY", the user shall indemnify Ruhr Tourismus GmbH from all claims in this respect. 

If the Creative Commons license "CC0" is granted, the work may be distributed, copied, performed and modified without permission, including for commercial purposes. The author waives the assertion of copyright and related property rights worldwide, insofar as this is legally possible. Should third-party claims arise against Ruhr Tourismus GmbH as a result of the use of the works, the user shall indemnify Ruhr Tourismus GmbH from all claims in this respect. 

4 Data Access

  1. The prerequisite for free use of DestinationHub.Ruhr is that the user enters their contact details. Natural and legal persons as well as institutions and facilities provide their name, their e-mail address, their organization and their registered office (postal code and location) and the user type. In the case of natural persons, the first name and surname must be given. All data provided must be correct and complete. In the next step, the user must agree to the terms of use and the data protection declaration. If the user agrees to the terms of use and the data protection declaration, a contract of use is concluded between Ruhr Tourismus GmbH and the user. If the user selects API access, the user will receive an individual license key. The use of the license key by third parties is prohibited.
  2. Ruhr Tourismus GmbH can request that the user submits proof when entering the contact data. Ruhr Tourismus GmbH can refuse the user's request for access. Ruhr Tourismus GmbH can block an individual license key if it is used by a third party, for example.
  3. The user must ensure that his/her details are always up to date. The user must inform Ruhr Tourismus GmbH by e-mail to info‎@‎ruhr-tourismus.de should their contact details change. If the user believes that a third party is using the DestinationHub.Ruhr about her/his license key, she/he has Ruhr Tourismus GmbH to inform you immediately.

5 Duration and Termination of the License Agreement

  1. The contract of use between the user and Ruhr Tourismus GmbH is concluded for an indefinite period.
  2. Each party can terminate the contract of use at any time by notification in text form. Ruhr Tourismus GmbH's right to block license keys remains unaffected. Ruhr Tourismus GmbH and the user reserve the right to immediate extraordinary termination.
  3. In particular, Ruhr Tourismus GmbH can terminate the user contract extraordinarily if the user has violated these General Terms and Conditions. Extraordinary termination can be considered if the user has violated his/her obligation to truthfully provide the required data specified in § 4 and if there is suspicion that the license key has been misused by a third party. The extraordinary termination must be in text form in any case. 

 6 Blocking the license key

  1. Ruhr Tourismus GmbH is entitled to permanently block the user's license key and to refuse the user renewed access to DestinationHub.Ruhr. Permanent blocking is possible if the user has violated his/her obligation to truthfully provide the necessary data specified in § 4 and if there is suspicion of misuse of the access data for DestinationHub.Ruhr by a third party. Ruhr Tourismus GmbH informs the user in text form about the permanent blocking. In this case, the user may not open a new member account with DestinationHub.Ruhr.
  2. Ruhr Tourismus GmbH can also temporarily block the license key as a milder measure. Ruhr Tourismus GmbH informs the user in text form about the temporary blocking. In this case, the user may not apply for a new license key to use DestinationHub.Ruhr for the duration of the block. 

7 Feature Changes, Availability, Force Majeure

  1. Ruhr Tourismus GmbH reserves the right to continuously edit, update, expand, restrict or discontinue individual functions of DestinationHub.Ruhr.
  2. Constant availability of the DestinationHub.Ruhr is expressly not owed. For example, it may happen that DestinationHub.Ruhr cannot be accessed during a maintenance or repair window or during a power outage or internet service interruption.
  3. In the event of force majeure or other unforeseeable circumstances that temporarily prevent Ruhr Tourismus GmbH from providing the services through no fault of its own or through no fault of your own, Ruhr Tourismus GmbH is released from its obligation to perform or any deadlines and dates are extended - even during the Default - for the duration of the performance disruptions caused by these circumstances. 

 8 Exclusion and Limitation of Liability Ruhr Tourism GmbH

  1. Ruhr Tourismus GmbH has unlimited liability for intent and gross negligence.
  2. The liability of Ruhr Tourismus GmbH is limited to foreseeable, contract-typical damage if a cardinal obligation is violated through slight negligence.
  3. Ruhr Tourismus GmbH is not liable for slightly negligent breaches of secondary obligations that are not cardinal obligations.
  4. The above exclusions and limitations of liability do not apply in the event of fraudulent concealment of defects or the assumption of a guarantee or a procurement risk, for damage to life, limb or health and for liability based on the law on liability for defective products (product liability law - ProdHaftG).
  5. Insofar as the liability of Ruhr Tourismus GmbH is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
  6. The user's claims for damages expire one year after the start of the statutory limitation period. This does not apply to claims in tort. 

 9 Datenschutz

 The user is informed that Ruhr Tourismus GmbH collects, processes, stores and uses personal data, as described in more detail in the data protection declaration of Ruhr Tourismus GmbH. The privacy policy is available at ruhr-tourismus.de/ruhr-tourismus/datenschutz/. This data is collected in order to be able to provide a secure, efficient and user-friendly offer. By concluding the contract, the user agrees that he/she has read and accepted the data protection regulations of Ruhr Tourismus GmbH. 

 10 Final Provisions

  1. The law of the Federal Republic of Germany. The provisions of the UN sales law and legal standards that refer to another legal system do not apply.
  2. At the time of the conclusion of the contract, there are no additional verbal agreements or supplements. Subsidiary agreements, changes or additions must be made in writing in order to be effective. The waiver of the written form requirement also requires the written form.
  3. Place of performance is Oberhausen. If the user is a merchant, a legal entity under private law or a legal entity under public law or a special fund under public law, Düsseldorf shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship and these General Terms and Conditions.
  4. Should a provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
  5. The user agrees to the above conditions. 

 

(as of November 2022)