General Terms and Conditions (GTC) for contracts

1) This agreement governs the rights and obligations of the parties in connection with the use of the www.liveexcurs.com platform .
2) The www.liveexcurs.com platform is operated by:
Live Excurs
Aleestrasse 36 a,
8590 Romanshorn,
Switzerland
E-Mail: contact@liveexcurs.com
www.liveexcurs.com
(hereinafter Live Excursions)
3) A User is defined as anyone who opens an account on the website www.liveexcurs.com, e.g. with the intention to watch an online city tour (video) on the platform or buys an online tour. Users as well as Business Partners are hereinafter referred to as Participants.
4) Anyone who opens a B2B account on www.liveexcurs.com is considered a Business Partner. Business Partners are guides, tour guides, travel agencies, tour operators, hotels and anyone else involved in the process of organizing and selling online excursions. Hereinafter Business Partners together with Users will be referred to as Participants.
5) The following terms and conditions apply from the moment the User or Business Partner enters the data to open an account on www.liveexcurs.com.
6) By registering on www.liveexcurs.com , the participant expressly and unconditionally agrees to these terms and conditions.
7) By registering, participants must declare that they have read and understood these Terms and Conditions and accept them by checking the appropriate box. For all participants who register on www.liveexcurs.com, these terms and conditions and agreements apply exclusively, even if the use or access takes place outside Switzerland.
8) Rules deviating from these General Terms and Conditions, in particular the terms and conditions of the participants, are hereby expressly rejected. If the Member does not accept these Terms and Conditions, the use of the website is prohibited.

1. Modification of the terms and conditions
   1) Live Excurs has the right to change the content of these terms and conditions with the consent of the participants, if the change is reasonable for the participants, taking into account the interests of Live Excurs. Live Excurs will inform participants of the change of the terms and conditions by e-mail to the address provided by the participant at least 2 weeks prior to the change.
   2) Consent to the change of the GTC shall be deemed given if the Member does not object to the change or does not terminate the contract within one month of receiving notification of the change.
   3) Live Excurs undertakes to inform the participants about the possibilities of objection and revocation, deadlines and legal consequences, especially with regard to a missed objection.
   4) If a member objects to a change in the terms of use, Live Excurs has the right to terminate the membership for exceptional reasons.
   
   III. Transfer of rights under this Agreement
   Live Excurs may transfer its rights and obligations under this agreement to a third company, such as a foreign company or a subsidiary (contract transfer). In the event of a contract transfer, the member is entitled to terminate the contract, effective as of the date of the transfer.

Translated with DeepL.com (free version)

1. Services
   А. Services for users
   1) Users can watch paid online city tours in the form of videos on the www.liveexcurs.com platform.
   a) The Live Excurs service only includes providing access to the relevant video through the video player integrated into the platform.
   b) Live Excurs is the hosting service provider for this content. The content is the responsibility of the natural or legal person who narrates and displays it at the excursion venue and makes it available as part of the service.
   2) Live Excurs also organizes on-site city tours. In doing so, users can book local guided city tours on the Live Excurs platform. Live Excurs only acts as an intermediary between users and local guides. Live Excurs is in no way a party to the contract between the guide and the user, unless Live Excurs itself conducts local city tours. Live Excurs clearly does not conduct city tours on site.

Translated with DeepL.com (free version)

Б. Services to Business Partners
1) Business partners can log on to the Live Excurs platform. For a fee, they can book an online excursion.
a) An online excursion involves a live tour on the Live Excurs platform
b) Business partners can make purchased customized online excursions 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) will be able to watch the corresponding video free of charge. The number of participants per online excursion purchased by the partner is limited to the participants specified in the description of the individual excursions.
c) The price per online excursion is specified in a separate price list.
2) Business partners can also advertise their business on the platform www.liveexcurs.com and on the streaming of the online excursion. The terms and conditions of this offer are subject to a separate price list and any individual agreements in text form between the business partner and Live Excurs .

1. Authorizations and Restrictions
   А. For Users
   1) Subject to this Compliance and applicable law, users may access and use the Service in the form provided to them. They may view content for their personal, non-commercial use.
   2) However, the use of the Service has certain restrictions. The following are not permitted:
   (a) access, reproduce, download, distribute, transmit, display, sell, license, modify, adapt or otherwise exploit any part of the Service or Content except (a) in the manner permitted by the Service; or (b) with the prior written consent of Live Excurs and, if applicable, the applicable copyright owners; or (c) to the extent permitted by applicable law.
   3) Any rights not expressly granted to users in this agreement remain with Live Excurs or the respective copyright holders. This means, for example, that by using the service, users do not acquire any copyright or other intellectual property rights to the content they access. This also applies to trademarks used or displayed on the service.

Б. For Business Partners
1) Business Partners purchase with the Views only the right for users to view the purchased online excursions free of charge. Business Partners do not acquire any rights to the online excursions themselves.
2) The online excursion expires within 12 hours of the online excursion. (The online tour remains available in the recording 12 hours after the online tour has taken place)
3) If the video that was recorded after the online tour is prematurely deleted from the Platform, the recorded video will expire without compensation.

VI. On-Site City Tours
1) A contract for city tours mediated by Live Excurs is only concluded between the user and a city guide if Live Excurs does not conduct on-site city tours.
2) If Live Excurs does not conduct city tours on site, Live Excurs assumes no responsibility for the city tours on site. Especially not for the quality and execution of the tour. Users also have no claims against Live Excurs for reimbursement if the booked city tour does not take place.

VII. Account registration
1) When registering an online account, participants can manage and store information about themselves and their excursions, as well as their address details, bank details and possibly a newsletter.
2) When participants register for such an account, they are responsible for ensuring that their personal data required for registration is truthfully and completely provided. Participants are obliged to keep their personal access data confidential and not to provide it to unauthorized third parties. Live Excurs undertakes to keep their data confidential and not to share it with unauthorized third parties. Further information on data protection can be found in the privacy policy at https://www.liveexcurs.com/privacy-policy/.
3) Registration is free of charge. Each participant is authorized to maintain only one account. Live Excurs reserves the right to delete multiple registrations, as well as to reprimand, block without compensation, delete or modify the content of registered users who violate these GTC or individual agreements.
4) Live Excurs is not obliged to accept a participant’s registration.
5) The transfer of a participant’s account is expressly prohibited.

VIII. Payment Terms / Credit Check
1) Orders are generally subject to immediate payment.
2) The buyer has the option to pay for the order by the means of payment indicated on the website or during the checkout process. These may change from time to time and may be country specific. In addition, Live Excurs reserves the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to protect our credit risk only those methods that correspond to the respective credit rating). A Live Excurs member is expressly authorized to carry out credit checks at its discretion and, if necessary, to transfer customer data to third parties for this purpose.

3) By selecting a payment method, the Member authorizes the payment either by entering credit card details or access details of the payment service provider. The Client authorizes Live Excurs to accept or collect payments accordingly. In the event that a payment is returned, Live Excurs is entitled to reimbursement of the relevant costs and bank processing fees. In addition, Live Excurs is not responsible for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
4) If participants pay by credit card or alternative payment method, Live Excurs reserves the right to verify the validity of the card, check the availability parameters for collection and address data, and request authorization from the card issuer or payment. provider. In addition, the participant confirms that the credit card is valid and the payment details entered are correct. If payment is refused, Live Excurs reserves the right to cancel the order. In this case Live Excurs will contact the participant immediately.

5) In case of payment by invoice (prepayment), the participant will receive an invoice with a payment receipt by e-mail. Payment must be made using the payment slip within the payment period specified on the invoice. If payment is not made within the due date, Live Excurs is entitled to charge the participant a minimum of CHF 50.00 per reminder and other costs related to the fee, as well as statutory interest for late payment. If it becomes necessary to initiate debt collection, Live Excurs may charge an additional processing fee of at least CHF 200.

IX. Withdrawal instructions
А. Right of revocation
Participants have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of the contract. In order to exercise their right of withdrawal, participants must inform us (Live Excurs , Aleestrasse 36a, 8590 Romanshorn, e-mail: contact@liveexcurs.com) by a clear statement (e.g. letter or e-mail sent by post) of their decision to withdraw from this contract. For this purpose, they may use the enclosed model withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for the Participants to send a notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

1. Consequences of withdrawal
   If Members withdraw from this Agreement, we will reimburse them for all payments received from them, including shipping costs (excluding any additional costs incurred as a result of Members choosing a shipping method other than the lowest cost standard shipping method offered by us). We will refund your payment immediately and no later than fourteen days from the date 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 you be charged a fee for this refund.
   C. Special Notice
   Customer expressly agrees that Live Excurs will proceed with the execution of the contract prior to the end of the cancellation period. The Member understands that he/she forfeits the right to withdraw with the commencement of contract performance.
   D. Sample Revocation Form
   If participants wish to cancel the contract, they may do so using a sample revocation form.
2. Term of the right of use and termination
   1) The term of the agreement between Live Excurs and the participant is unlimited. It can be terminated at any time and without observance of the term by the participant or Live Excurs.
   2) To cancel, an email must be sent to contact@liveexcurs.com.
   3) Special right of termination and transfer to third parties: Live Excurs is also entitled to terminate the www.liveexcurs.com platform, the services offered on it or parts thereof, transfer to third parties without prior notice and without compensation. To the same extent, the member’s right of use is automatically terminated or continued.
3. Right to database
   The content and materials that can be viewed on http://www.liveexcurs.com constitute a copyrighted database. It is forbidden to adopt or edit this database in its structure in whole or in part without the consent of Live Excursus
   
   XII. Liability
   1) Live Excurs shall be liable, in the event of a breach of its own obligations arising from these GTC and the contractual relationship based thereon, for damages caused and proved by Live Excurs due to wrongful intent or gross negligence. Liability based on contract, tort or for any other reason shall be expressly excluded for slight and moderate negligence as well as for indirect and consequential damages. Indirect damages are, for example, lost profits, financial losses, damage to reputation or loss of data due to temporary disruption or interruption of the availability of Live Excurs services. Furthermore, Live Excurs assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.

2) The above exclusions and limitations of liability shall not apply in the case of culpable injury to life, body and health directly caused by Live Excurs, nor in the case of mandatory legal regulations, including the provisions of the Product Liability Act.
3) Subject to the foregoing, the total liability under these Terms and Conditions, regardless of cause and to the extent permitted by law, shall be limited to the value of the service that Live Excurs provides as part of its services.

4) In the event of an event beyond our control and influence (so-called force majeure), we assume no responsibility or liability for failure or delay in the fulfillment of any obligations arising from these GTC and the contractual relationship based thereon. . Event beyond our control arises, for example, in the following cases:
strikes, closures or other third party strikes, invasions, terrorist attacks, wars, fires, explosions, hurricanes, floods, earthquakes, epidemics, pandemics, other natural disasters, failure of public or private communications networks or inability to use rail, sea, air, road or other forms of public or private transportation.
If an event beyond our control occurs that affects the fulfillment of our obligations under the contract, we will notify you as soon as possible.

XIII. Data Protection
Live Excurs collects and processes personal data only within the legal framework, in particular in accordance with applicable data protection legislation. Further information about the processing of your personal data, your rights and related matters can be found in our privacy policy at https://www.liveexcurs.com/privacy-policy/, which forms an integral part of these terms and conditions.

XIV. Severability clause
If one of the provisions of these GTC is or becomes illegal, invalid or unenforceable for any reason, the validity of the remaining provisions shall not be affected. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision, taking into account to the greatest extent possible the economic purpose of the provision and the will of the parties at the time of 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 relationship based on them and any disputes shall be governed exclusively by Swiss law, excluding conflict of laws rules.
2) This contract shall be governed exclusively by Swiss law, excluding conflict of laws and UN sales law.
3) The place of jurisdiction for disputes arising out of this agreement shall be the registered office of Live Excurs.
4) These provisions shall apply only if there are no mandatory provisions of the laws of the state in which the consumer has his or her habitual residence that take precedence over these GTC.

1. Modification of these terms and conditions
   These terms and conditions may be modified either by separate written agreement or by posting modified terms and conditions on www.liveexcurs.com. Email video producer information from Live Excurs.