General Business Terms and Conditions concerning the Utilization of the Marketplace booqr, Operator and Owner of which is the rising up media GbR
Contents
1.1 Exclusivity of the General Business Terms and Conditions
1.4 Rights of users and membership
1.4.2 Beginning and regular termination of membership
1.4.3 Irregular termination of membership
1.9 English language version of the GBTC
2.8.1 General stipulations concerning the compensation
2.8.2 Payment of the compensation in several installments
2.8.3 Payment of the compensation in several currencies
3.2.2 Offer by an artist, obligations
3.2.3 Offer by a promoter, obligations
3.2.4 Elements of offers; data, files, documents attached to the offers
3.2.5 Basic duration and point of time when offers become valid
3.2.6 Function of delayed visibility and setting status to active of offers
3.3.2 Counter offer, obligations of the counter offerer
3.3.3 Counter offer, obligations of the receiver of the counter offer
3.3.4 Basic duration and point of time when counter offers become valid
3.6 Definition of terms for the simplification of the business procedures and the contract matters
3.8 Conclusion of the contract
3.8.2 Validity, content and meaning of certain elements of the contract and clauses
3.9 Obligations of booqr in case of the conclusion of a contract
3.10 Exclusion of liability of booqr in the case of the conclusion of a contract
3.11 Obligations of the contracting parties towards booqr
3.12 Obligations of the contracting parties towards each other
3.12.1 Obligations of the artist towards the promoter
3.12.2 Obligations of the promoter towards the artist
3.13 Evaluation system and symbols of trust
3.14 Stipulations concerning commissions and fees
4. Cases of conflict, Non-performance of service, Cancellation
4.2 Obligations beyond, Collision of Claims out of Contracts
The rising up media GbR (subsequently: "ru-media") is offering its services, particularly the device which consists of a vitual market place by the name booqr (subsequently: "market place") only on the basis of these General Business Terms and Conditions (subsequently: "GBTC"). Other terms and conditions, e.g. such general terms and conditions owned by any third party user, are not applicable in the relationship between any user and booqr.
ru-media is the owner of the marketplace booqr. By using the marketplace, in particular registering as a user and making offers and concluding contracts via the marketplace, the user accepts ru-media as the owner of the marketplace and accepts the terms and conditions of ru-media.
booqr is the operator of the market place. By making a registration of an account with booqr and by utilizing the market place in the shape of making offers and concluding contracts with other users, every user acknowledges the GBTC and agrees to abide by them.
The opportunity and rights of use for the purpose of the conclusion of contracts with the help of the marketplace is restricted to only registered users. Each user acknowledges the GBTC of booqr concerning the relationship between him and booqr as binding business and terms and conditions of registration. The registration is allowed only for legal persons, partnerships and natural persons of unlimited legal capacity, who have the intention at the time of the registration of an account, to strive for the conclusion of legally valid contracts with other members with the help of booqr. The interest in information on other members and curiosity in the arrangement of their contracts through booqr alone is not reason enough to carry out a registration. The use of the services of booqr is not allowed for minors and othes individuals whose legal capacity is limited. In case that a user states incorrect information as to their maturity or legal capacity or intent, doing so constitutes a violation of the GBTC of booqr which may lead to the withdrawal of their registration as a user, without any rights to meet any demands, in particular claims for compensation. Non-registered users do not have any rights against booqr.
Users gain the membership which entitles them to participate in matters concerning offer and the conclusion of contracts supported by the marketplace by application to booqr. booqr checks the information in the application and decides on acceptance and rejection at its own discretion. Rejection of the application for membership can be done without the need of any further justification. Both sides, registered users and the market place operator booqr, can terminate the membership by simple declaration, also via E-Mail, with immediate effect without the need special reasons to do so. The right of an extraordinary termination on the part of booqr for an important reason remains unaffected. Any claims by booqr against members whose membership ended, remain valid beyond the date of the effectiveness of the termination of the membership.
Any member is allowed to terminate their membership with immediate effect at any time. The termination of the membership is free of charge. The consequence of the termination of the membership is that all data related to the account, such as about of previous contracts, lists, and messages, will be deleted, made inaccessible at least for the user and can not be reused even in the case of a later registering of a new account and that on the date of the effectiveness of the termination, current offers and counteroffers of the member shall expire. booqr does not reimburse to a member in such cases in which offers and counter-offers due to the termination of the membership prematurely expire any fee shares on the date prior to the date of the effectiveness of the termination, and booqr is not liable for any loss or damage or consequential damage arising as a result of the termination of a member during an offer or counteroffer.
The consequence of the regular termination of membership is that the natural or legal person is blocked concerning a new registration of a new account. In order to ensure integrity and continuity for the users, a member who once possessed and then terminated an account can only gain a renewed membership by stating their reasons and at booqr’s discretion.
The permission of the registration happens always in revocable way. booqr reserves the right to revoke a registration and thus to end the use of their services or to prevent such without the need of stating any reason. This applies in particular to such offers or queries which by booqr’ss judgment do not serve the business purpose of booqr, which are identified after the assessment of booqr as spam, which are aiming at disturbing or hindering the conduction of business, in case of false statements traded in the form deliberately or in gross negligence, as well as offenses against the law or common sense, especially such with pornographic, political or religious content, or offers or requests for the promotion of prostitution.
The registration of an account constitutes that a contract for the use of the marketplace is concluded between booqr and the user. There prevail no undeniable rights for anyone to claim that their attempt of a registration of the membership has to be accepted. The applicant must state the data queried by booqr completely and correctly, such as the given name and the family name, current address (not a p.o. box) and phone number (no message box), a valid email address, as well as, where appropriate, the company and the authorized representative. The given name and family name which are supposed to be stated here are the names which are of legal relevance and validity. In the case that an artist possesses and uses an artist name, then stating this artist name here for the purpose of registering an account at booqr is only sufficient and permitted if the name fulfills the criteria of legal relevance and validity attached to it. Since this normally is not so, the name which has to be stated is the civil name. The registration of a legal entity may be made only by an authorized natural person whose identity must be stated. In case that a registration is made for a natural person, the account has to be registered on behalf of an identifiable person, and as such registrations cannot be made by a group of individuals, couples or families. In case of any change of the circumstances relevant to the registration, the account holder is obliged to promptly update the information in their account. Members are obliged to keep their password secret and take care concerning the security of access to their account. Members are obliged to inform booqr immediately, if there is evidence that an account was abused by third parties. booqr does never pass any member's password to any third party and booqr does never ask a user by E-Mail or telephone for password his password. Generally, members are liable for all activities carried out by using the account. Basically, a user may not possess more than one account only with booqr, unless a user intends to separate activities in his capacity as a service provider of such as a service buyer and desires to manage relevant activities under two different accounts, or they represent numerous different groups of service providers or service buyers and needs the number of corresponding accounts for concerned groups. The abuse of accounts, in particular the opening of accounts in inadequate numbers and unjustified manner, is prohibited. A member account is non-transferable. booqr reserves the right to delete member accounts not fully carried out by applications after a reasonable time. booqr reserves the right to delete accounts of members after one year of inactivity.
Upon registration, members choose a user name and a password. The user name must not consist of an E-Mail or Internet address, not violate rights of third parties, in particular no name or trademark rights, and must not violate common sense. To ensure that the third parties rights are not violated, there are linguistic means which enable the prevention or reduction of the probability that a collision of interest could occur. For example: "Elvis Presley" may be problematic as user name; "Elvis fan", however, is rather unproblematic.
In case that a collision of interests arises between members with regard to the registration of user names, the affected members have the ability to contact booqr and explain their claims, and a conflict occurs, and booqr will take care of towards a resolution. booqr examines the situation and the discussion and decides to resolve only pursuant to booqr and notify the parties upon a verdict. As a consequence, it may happen that the user name which one member possesses and intends to maintain will be deprived off the member and the member will be requested to determine a new and clearly different user name. In such event, every effort is made that the history with reviews, lists, and messages related to the account is maintained, but there is no guarantee for that. The concerned members have a right to appeal against decisions which booqr takes at its own decision. The concerned member in such case has to notify booqr. booqr examines in accordance with their own standards whether the situation justifies a continuation of the particular conflict case, and in the case that booqr that this is so, booqr will commission an independent expert who then shall take a final decision to resolve the conflict. booqr notifies the decision to all affected members. The decision is final. The costs incurred by ordering the independent experts shall be borne by the party losing in conflict situations and are charged by booqr on the way of the regular invoicing. If a member is in disagreement with this way of being charged with relevant cost, then they should beforehand decide not to proceed with the course of last instance proceedings and accept the verdicts spoken by booqr.
If a member of the market place platform booqr claims ownership of a stage name, ie. a self chosen and acquired name of which wide spread knowledge prevails in the sense that the member is known to many people and the public under that name then the member has the right to register the stage name in the personal data account. This stage name does only to very limited degree have any importance concerning the achiement of contracts on the market place platform booqr. Generally, the civil name of a member is the name which is notified to other members when a contract between the members is made. A deviation from this principle is only possible if the stage name is a name which is officially has been registered with civil authorities such as a municipality and acknowledged and if legal activity can generally take place by using the stage name and when this has been notified to booqr and booqr has agreed to it. Whether booqr agrees depends apart from several other matters on booqr’ss judgment whether the name conflicts with certain general rules: The stage name must not consist of an E-Mail or Internet address, not violate rights of third parties, in particular no name or trademark rights, and must not violate common sense.
booqr carries out a verification of the data deposited in the registration process only to a very limited extent, since the identification of individuals on the basis of merely the data notified to booqr is for booqr possible only to a limited extent. Despite various measures of security it is therefore not ruled out that booqr stores false data on a member or his account due to his false original information, false in the sense that the data does not represent the actual circumstances. Every user is therefore obliged to bear the uncertainty concerning other users’ identity when interacting with them and in case of need verify the identity and the accuracy of the other information shared by any other party.
The use of the market place and its function is only granted within the limitations of the current state of technology. booqr suspends its provisions temporarily when this comes necessary in view of capacity limitations or the security or the integrity of the servers or due to the carrying out of technical works which aim at the correct or improved provision of services such as maintenance works. booqr in such events pays within its limited capacities attention to the rightful interests of the users such as by advance notice. In the event that an unexpected system interruption makes the placement of offers or other functions impossible, relevant announcements will be made in the shape of system news. booqr reimburses fees to the users on offers and counter offers which due to a system interruption which lasts longer than one hour and occurs during the last 24 hours before the lapse of the validity of the affected offers and counteroffers cannot be read. booqr bears no liability beyond this for damages and consequential damages due to system interruptions and disturbances, especially not for real or hypothetical compensations, commissions, etc.
booqr bears no liability in the context of the processing or fulfillment of the contracts established by any third party who uses booqr’ss services. booqr is not involved in these contracts as a contractual partner, but acts only as an intermediary between the contract parties. All declarations concerning the mediated contract after its conclusion are each to made to the direct contracting party. booqr is neither representative nor messenger of one of the parties. booqr accepts no liability whatsoever for the content of the set offers and counter-offers or contracts. The observation and abidance to legal and regulatory requirements falls exclusively within the scope of the responsibility of the users. The same applies with regard to the rights, in particular copyright or trademark rights, of third parties. In this respect, booqr is not responsible for the accuracy or integrity or completeness or truth of information forwarded in enquiries or offers between users. booqr does not verify the content published on the booqr Web site by users in any format in which it may occur, i.e. offers, proposals, counter-offers, contracts, and correspondence via the means specially provided by booqr to the users in the shape of electronic mail, does not represent the opinion of booqr.
With the uploading of information, such as any written information or images and other content, the users of booqr agree that this information may be used for presentation and promotional purposes by booqr without restriction on the websites of booqr and out of it. booqr is allowed to share content which users publish on the booqr web site with other booqr companies in order that these may disclose and display the information there. Should third parties use data, whose source is information published in the booqr market place, such as by displaying it on the third parties’ web site in abbreviated or adulterated way, this use is by booqr not checked or prevented. Users may not use addresses, contact details and email addresses obtained through the use of the marketplace for any other purpose than for contractual and pre-contractual communicationof the kind which the purpose of the market place is. In particular, it is prohibited to sell these data or to use it is for the sending of advertising unless the respective member has agreed to express before this.
As far as legally permissible, the seat of booqr place is the sole place of jurisdiction in the context of the legal relationships between booqr and the users.
Should certain individual clauses of these terms and conditions turn out to be unenforceable then this will not affect the effectiveness of the remaining clauses. booqr reserves the right to alter the terms and conditions at any time with effect for the future.
The GTBC are the result of a translation from the original version of the GBTC, the AGB Allgemeine Geschäftsbedingungen, in German language. In any case in which the interpretation of the wording is erreneous, leaves doubt or ambiguity, the interpreation of the original version of the general conditions in German language apply.
In the way of the conduction of the market place, booqr makes use of the colloquial language, namely of terms and expressions which because of common sense are connected to a certain meaning. It can occasionally happen that the meaning and the interpretation according to common colloquial understanding may differ from the ones according to the definition by booqr for the formulation of the function of the market place. For clarification and explanation some of the cardinal ones which appear within the circumference of the market place are mentioned in the GBTC. In the case of different meaning and interpretation, the definitions given by booqr prevail. A contract arranged with the help of booqr is not unapplicable when or because a meaning or interpretation according to colloquial sense is different than the ones according to the definition by booqr and if different consequences would arise in case that the colloquial one would apply.
The main business purpose of booqr and of the market place platform in the internet by the name booqr aims at the achievement of legally binding contracts of which the main content is that one member promises another a service which booqr calls from the point of view of the artist a performance. The same circumstance booqr calls from the point of view of a promoter a requisition. This performance is characterized by the following features. Title: A performance has to be given a term such as the stage name, a project name, tour name or something similar. Location tag: A performance cannot be delivered virtually, but it has to be delivered at a determinable and determined location which is mentioned in the performance contract which is to be achieved. Time tag: A performance cannot be delivered virtually, but it has to be delivered at a determinable and determined date which is mentioned in the performance contract which is to be achieved. Guarantee: The service which consists of the delivery of the performance by the artist towards the promoter is compensated by a remuneration which the promoter pays to the artist and by way of which he honors the performance and covers for expenses; an exception lies in a performance which is guarantee free such as non-profit, charity or other similar purposes which however require an advance notification towards booqr.
The aforementioned criteria in the definition of a certain content, involved parties, location, date and of a guarantee cause that in total the services which are traded on the market place are characterized by being an event, and this condition is in general fulfilled by artistic performance. By way of formulating this condition and through the suitability of the circumference of functionality provided by the booqr market place platform in the internet the motive of its operators is expressed which consists of providing a suitable medium to the creators of art which enables them to put to market their output and to realize and optimize the conditions of the process which lead towards achieving the realization.
The aforementioned criterion of being an event also is fulfilled by services which are generally not classified as being art or whose differentiation and distinction as to what is considered to be art is difficult. There are in principle no rules nor restrictions set out by booqr as to what in the sense of the business purpose of the market place can be called art, be offered, negotiated and contracted and as such fulfills the requirements linked to the aformentioned activities. It is essential that no violation of the rules of the GBTC occur, here foremost the regulations under 1 General Remarks. In cases of ambiguity the rules set out by booqr prevail and the relevant regulation concerning membership and the irregular termination of which. For services which clearly dwell outside of everything generally not classified as being art or whose differentiation and distinction as to what is considered to be art is difficult it prevails: the conditions which lead to the permission to offer relevant services, negotiate them or conclude contracts are complicated in the way that the conduction of the market place does not aim at such services because possibly they conflict with laws or other major forces, that they require permission of authorities or supervision or that they are not in accord with common sense and moral ore are reprehensible for other reason.
The main business purpose of booqr and of the market place platform in the internet by the name booqr aims at the achievement of legally binding contracts of which the main content is that one member promises another a service which booqr calls from the point of view of the promoter a requisition. The same circumstance booqr calls from the point of view of the artist a performance. This requisition is characterized by the following features. Title: A requisition has to be given a term such as the promoter’s name, a project name, tour name or something similar. Location tag: A requisition cannot be delivered virtually, but it has to be delivered at a determinable and determined location which is mentioned in the performance contract which is to be achieved. Time tag: A requisition cannot be delivered virtually, but it has to be delivered at a determinable and determined date which is mentioned in the performance contract which is to be achieved. Guarantee: The service which consists of the delivery of the performance by the artist towards the promoter is compensated by a remuneration which the promoter pays to the artist and by way of which he honors the requisition and covers for expenses; an exception lies in a requisition which is guarantee free such as non-profit, charity or other similar purposes which however require an advance notification towards booqr.
In the sense of the market place the following are called artist and deliverer of the service which consists of a performance: Registered users who make use of the market place in order to act in their role and function as their artistic performance offering persons towards third parties and promoters or who act like agents on behalf of those.
There are in principle neither any rules nor restrictions set out by booqr as to which natural person or which group of natural persons in the sense of the business purpose of the market place can be called artist. It is essential that no violation of the rules of the GBTC occur, here foremost the regulations under 1 General Remarks. In cases of ambiguity the rules set out by booqr prevail and the relevant regulation concerning membership and the irregular termination of which.
In the sense of the market place the following are called promoter: Registered users who make use of the market place in order to act in their role and function as an artistic performance requiring person who in the sense of the marketplace and GBTC are called, and persons who act like agents on behalf of those.
There are in principle neither any rules nor restrictions set out by booqr as to which natural person or which group of natural persons in the sense of the business purpose of the market place can be called promoter. It is essential that no violation of the rules of the GBTC occur, here foremost the regulations under 1 General Remarks. In cases of ambiguity the rules set out by booqr prevail and the relevant regulation concerning membership and the irregular termination of which.
Promoter can thus be:
Registered users who make use of the market place in order to seek performances in their role as persons who operate a business which requires such performances or who act as agents on behalf of those.
Registered users who make use of the market place in order to seek performances in their role as persons who operate a business which consists of making arrangements concerning such requisitions as an agent.
Registered users who make use of the market place in order to seek performances in their role as persons who operate a business which consists of making arrangements concerning such performances as an agent.
Registered users who make use of the market place in order to seek performances in their role as persons who are the ultimate recepient of the service byan artis which consists of his performance or who act as an agent on behalf of those.
Registered and not registered users who visit the market place and who have a different unknown interest in the information provided there.
The contract which results from the expressions of will, namely the original offer and the counter offer and its acceptance, is in the sense of the market place and the GBTC called performance contract.
booqr carries out a verification of the data deposited in the registration process only to a very limited extent, since the identification of individuals on the basis of merely the data notified to booqr is for booqr possible only to a limited extent. Despite various measures of security it is therefore not ruled out that booqr stores false data on a member or his account due to his false original information, false in the sense that the data does not represent the actual circumstances. Every user is therefore obliged to bear the uncertainty concerning other users’ identity when interacting with them and in case of need verify the identity and the accuracy of the other information shared by any other party.
The remuneration which is to be paid to the artist by the promoter is in the sense of the market place and the GBTC called guarantee.
The term “guarantee” which is used in the circumference of the booqr market place is a term which is derived from the business jargon because it is the terminology of the colloquial language of those people who act in the business of the performance and requisition of art. Very often, a certain fixed or flat amount of money is set as a compensation for the performance. This fixed or flat amount then often is called “guarantee”. The booqr market place utilizes this term and in that defines “guarantee” as a fixed or flat amount of money, as opposed to any sorts of compensation which are different from fixed or flat, especially such sorts of compensation which are caculated as an agreed share on the sale of tickets, consumption of food and or drink or other variable types of compensation.
It is essential that the utilization of the term “guarantee” does not go beyond this definition. Especially, there is no other payer nor guarantor than just the promoter who is in any event the sole payer of the compensation for a performance. Especially, booqr does not stand as a guarator nor liable for what is in the circumference of the market place called a “guarantee”.
Concerning the guarantee, the parties who conclude contracts at the marketplace booqr can make arrangements according to which the guarantee has to be paid in more than one instalment. The commission due for booqr in such case is calculated against every instalment and is the total of all instalments and is due for payment to booqr at the time when the contract is made.
Concerning the guarantee, the parties who conclude contracts at the marketplace booqr can make arrangements according to which the guarantee has to be paid in more than one instalment in several currencies. The commission due for booqr in such case is calculated against every instalment and is the total of all instalments and is due for payment to booqr at the time when the contract is made.
The agreement between the artist in the sense of the market place and the promoter in the sense of the marketplace, according to which the artist reimburses or returns to the promoter a part of or the entirety of the compensation, is called /"money back guarantee/" in the sense of the market place. It is a voluntary procedure or agreement. The artist is in no way compelled or obligated to offer to the promoter such a one-sided advantage in the offer or in the later counterfeiting and to grant afterwards in the contract and the practice of the implementation. booqr provides the necessary functions to comply with current commercial practice in online and offline traffic. When the artist does this, they do so at their free will and in full consciousness of consequence. The artist can refrain from it.
In the context of contractual freedom, the terms of the granting of advantages between the parties artist and promoter are freely negotiable and restrictable. Unless otherwise stipulated, the promoter shall be granted the right by the artist that the artist reimburses to the promoter the share agreed upon in the relevant contract section, without the need for the iteration of a reason or rights of further defense.
booqr is in no way responsible for warranties. booqr does not enter into any resulting payment obligations. If the parties agree on the money-back guarantee, fulfillment of the claim is the sole responsibility of the parties.
booqr provides to the users who are registered and logged in the technical provisions for them to carry out the placement of offers in their capacity as artists and promoters with the limitations of what is permitted by the law. Users have to be capable to to perform the content of the offered services and service requirements. If the user who placed an original offer on the marketplace is an artist, then the promoters have the choice whether to decline the offer which requires no particular activity on their side or to state their interest in the offer of the artist which they perform by way of placing a counter offer, process of which further explained in 3.3 and onward, or by way of getting in contact with the artist by the means of the the electronic mail specifically provided by the market place for this purpose, process of which further explained in 3.4 and onward, in order to obtain further information about the offer not yet provided thereunder. If the user who placed an original offer on the marketplace is a promoter, then the artists have the choice whether to decline the offer which requires no particular activity on their side or to state their interest in the offer of the service offerer which they perform by way of placing a counter offer, process of which further explained in 3.3 and onward, or by way of getting in contact with the artist by the means of the the electronic mail specifically provided by the market place for this purpose, process of which further explained in 3.4 and onward, in order to obtain further information about the offer not yet provided thereunder.
It is the original offerer’s choice whether to decline the counter offer which requires no particular activity on their side or to state their agreement in the counter offer which he performs by way of utilising the accept function or by way of getting in contact with the counter offerer by the means of the the electronic mail specifically provided by the market place for this purpose, process of which further explained in 3.4 and onward, in order to obtain further information about the counter offer not yet provided thereunder. booqr does not offer any services, services here in the sense of artistic performances, does not place any offers and counter offers and does not take and receive any offers and counter offers and acceptances, but only transport such of the registered members and displays them on the websites of the market place. The offers and contents placed by members which mainly are supposed to be published on the market place of booqr can also be viewed on the booqr websites in other countries and also in unaltered and altered shape on the websites of completely other domain owners in the internet with whom booqr is more or less or not at all connected. booqr is not responsible for the way in which such secondary utilization takes place, especially booqr is not responsible for any abbreviations, errors or other distorsions. Certain excerpts of an offer can for such purpose be translated with the help of machines. Users are responsible by themselves to archive information which is published on and stored by booqr and which they need for the securing of proof or accounting on a storage medium independent from booqr.
booqr provides to the users who are registered and logged into the market place the technical provisions for them to carry out the placement of offers in their capacity as service offering artists and service requiring promoters within the limitations of what is permitted by the law. The duration of the time between the placement of an offer to the market place and the planned performance of the service is limited to 12 months at the most. The duration of the time of the visibility and the validity of an offer on the market place is limited to 12 months at the most.
When an artist places an offer to the parket place, then they are obliged to describe the nature and the entire circumference of the performance truly and completely in the sense that all circumstances which are important to himself and to a promoter shall be mentioned, especially all claims concerning the guarantee and all costs and expenditure and allowances, as well as to state all conditions in connection with the service, such as the necessity for the promoter or any third party commissioned by the promoter to arrange for equipment, for example venue, performance place and stage including details, auditorium, instruments, technical auxiliaries, amplifiers, loud speakers, lighting, and to iterate the distribution of obligations concerning travel, local transport, accomodation, food and provision of required or requested documents, securities, proofs, for example licenses and permits, and to state the rules concerning the production and the utilization and provision of documentation made of the service itself such as photography, audio and video recording.
When a promoter places an offer to the parket place, then they are obliged to describe the nature and the entire circumference of the requisition truly and completely in the sense that all circumstances which are important to themselves and to an artist shall be mentioned, especially all claims of an artist concerning the guarantee and all costs and expenditure and allowances, as well as to state all conditions in connection with the requistion, such as the necessity for the promoter or any third party commissioned by the promoter to arrange for equipment, for example venue, performance place and stage including details, auditorium, instruments, technical auxiliaries, amplifiers, loud speakers, lighting, and to iterate the distribution of obligations concerning travel, local transport, accomodation, food and provision of required or requested documents, securities, proofs, for example licenses and permits, and to state the rules concerning the production and the utilization and provision of documentation made of the requisition itself such as photography, audio and video recording.
booqr provides to the users who place an offer into the market place the technical provisions for them to describe the offer whith the means of text and image and attached documents. Any contents of illegal or offensive kind, such as pornographic, political or in detrimental way religious and offers and requests which promote prostitution are prohibited. Also prohibited are contents of insulting and cursing kind, regardless whether such content is contained in the headline or in the text body of a document or in attachments. It is neither permitted to state information which serves the corresponding parties to shift their communication to other media than the booqr market place
in order to bring a negotiation commenced on the market place to a conclusion by surrounding booqr. It is especially prohibited that the parties notify each other addresses, telephone numbers, e-mail addresses, internet hyperlinks, neither open nor concealed, which are suited for getting in contact with each other outside of the market place.
The period of time during which an offer is active in the market place booqr is called offer period and has for performance offers and for requisition offers equally the length of one week or two weeks. The original offerer, ie. the member who originally places the offer is the one who chooses among these two options. The offer period constitutes the period of time during which the possibility is given to other members to place a first counter offer.
There exists further a function which enables the original offerer to select the point of time of an offer to become active and visible, either either immediately at the point of time when offer is uploaded to the market place and without any delay at all or delayed according to the settings by the original offerer to a certain date in the future. Concerning the choice of the option of the delay of the change fo the status active and visible the exact point of time when this happens depends on the technical provisions and the system settings and capacities of the market place booqr and normally lies within the first hour of the date and the time of the day which the original offerer has determined for this purpose. Independent of which choice happened, immediate or delayed setting of status to active and visible, the offer period which follows to the point of time of status changing to active and visible is the period of time chosen by the original offerer.
booqr provides to the users who are registered and logged into the market place in their capacity as artists and promoters the technical provisions for them to carry out the placement of counter offers within the limitations of what is permitted by the law. The rules concerning the information obligations which apply to counter offers are identical with those rules which also apply concerning the placement of an original offer, in this sense like 3.2.1 Offer by an artist, obligations, and 3.2.2 Offer by a promoter, obligations. If the counter offerer places the the counter offer and does not object to the detailed conditions and circumstances which are stated in the original offer, then this means that not only the also offer is accepted in principle, but also that those detailed conditions and circumstances are accepted without the necessity of those accepted claims and conditions and circumstances to be expressively reiterated. The counter offerer determines the duration of the validity of their counter offer by the means of applying the function provided in the market place for determining the duration of the validity of the counter offer.
booqr provides to the users who are registered and logged into the market place in their capacity as artists and promoters the technical provisions for them to carry out the placement of counter offers within the limitations of what is permitted by the law. The rules concerning the information obligations which apply to counter offers are identical with those rules which also apply concerning the placement of an original offer, in this sense like 3.2.1 Offer by an artist, obligations, and 3.2.2 Offer by a promoter, obligations. If the counter offerer places the the counter offer and does not object to the detailed conditions and circumstances which are stated in the original offer, then this means that not only the also offer is accepted in principle, but also that those detailed conditions and circumstances are accepted without the necessity of those accepted claims and conditions and circumstances to be expressively reiterated. The counter offerer determines the duration of the validity of his counter offer by the means of applying the function provided in the market place for determining the duration of the validity of the counter offer.
The recepient of a counter offer is not obliged to react when he receives a counter offer, neither is he obliged to accept it nor to expressively decline it nor to take any other action. When the duration of the validity of a counter offer lapses without the recepient of a counter offer to conclude a contract by means of acceptance of the counter offer, then the counter offer expires. Expiry means: The counter offer possesses no legal importance and no technical function. In order to achieve the conclusion of a contract by the same counter offerer after the expiry of a counter offer a new counter offer has to be generated from the beginning and remitted once again. In the case of acceptance of the conditions by both parties, service provider and service requirer, the original offerer performs the function conclusion of contract before the expiry of the validity of the counter offer.
The period of time during which a counter offer is active in the market place booqr is called counter offer period. The counter offerer has the choice to determine the length of the duration of the counter offer period. They can choose an early termination date which he can set to a date prior to the end of the post active period and prior to the end of the offer period. When they do not set an early termination date, then the counter offer terminates by the end of the post active period. The counter offer period represents the period of time during which the recepient of the counter offer, namely the original offerer, possesses the choice to accept the counter offer which is legally binding for the counter offerer and it represents the period of time during which the counter offerer possesses the choice to place another counter offer or several more counter offers which are in principle not limited in terms of number.
Starting from the point of time by which the active offer period terminates, a period of time begins which has a duration of one week (168 hours) and is called post active period. For the duration of this period the counter offers retain their validity, unless the period of the counter offer has specifically been set to a shorter period. The post active period enables the original offerer to choose among the received counter offers without time pressure. The original offerer does not need to make a decision over counter offers during the shortage of the remaining time within the duration of the validity of their original offer when they received a counter offer shortly before the termination of the period of the validity of the original offer, but they have up to this one more week for doing so. It is left at the original offerer’s discretion if and when they decide for the acceptance of a counter offer. It is at the original offerer’s and recipient of the counter offerer's discretion to choose if and how to react to the receipt of counter offers. They are not obliged to react. They are not obliged to accept a particular or any one counter offer at all.
booqr provides to the users who are registered and logged into the market place in their capacity as artists and promoters the technical provisions for them to communicate with each other by way of electronic mail. booqr specifically provides a designated function for this purpose. It is activated from the original offer by selecting “Message to offerer”. The formular for the creation of a message contains a head line and a field into which text is to be entered. booqr restricts the utilization purpose for this device only to such messages whose purpose serve the market place as a whole, ie. serve the negotiation of a service requirement. This function mainly serves the reader of an original offer to pose to the creator of the original offer a question concerning further circumstances concerning the original offer which are not yet mentioned there in the original offer and which are of importance for the reader and for the negotiation of a service requirement. It is prohibited to post any messages which do not serve the purpose of the market place, especially prohibited is any correspondence which has no relevance concerning the original offer which is to be negotiated, insulting and cursing content and any messages of which specifically the receiver has stated that they are undesired, regardless whether such content is contained in the headline or in the text body of the message. It is neither permitted to state information which serves the corresponding parties to shift their communication to other media than the booqr market place in order to bring a negotiation commenced on the market place to a conclusion by surrounding booqr. It is especially prohibited that the parties notify each other addresses, telephone numbers, e-mail addresses, internet hyperlinks, neither open nor concealed, which are suited for getting in contact with each other outside of the market place. The same applies to messages which the receiver sends in response to the originator and sender of the first message to him. Violations of these rules are subject to sanctioning measures by booqr, such as suspension and elimination. In cases of conflict in which the originator of messages which booqr objects against has an opinion different from what booqr’s opinion is, the verdict by booqr is only what matters. For the administration of the correspondence, booqr provides to the registered and logged in members the functions which are located in My booqr. booqr is in principle cautious concerning the integrity of the data which is stored there, especially the storage and the non-occurrence of deletions undesired by the owner of the data. booqr can however not rule out completely the possibility that data will be deleted accidentally, such as by cause of technical defects or because of other maintenance works of the market place such as system back ups or upgrades or migrations. Deletion which happens in such case occurs by booqr’s judgment only. booqr tries to prevent such cases and when they do occur then to notify the data owners early enough in advance in order to enable them to save the data elsewhere and outside of booqr and the market place for their purposes, such as by way of data download and local saving. Under no circumstances is booqr liable for any direct or indirect losses and claims which result from such loss of data.
booqr corresponds to the demand of the users and the transacting parties in respect of a simplification, acceleration and clarification in the proceedings concerning the arrangement of contracts in the category music transacted via the market place by way of the introduction of the definition and the utilization of terms which are applicable and valid, and in case in which they are applied by the parties of binding consequence in contracts. The users and parties are in general not obliged to utilize these terms in order to achieve the service requirements. They are in principle free in their choice of the wording in which they put their formulations and explanations. If however the herein stipulated and within the market place designated terms are applied, then the definitions and consequences are valid. In case that the contents and meaning of terms stipulated here collide with with the interpretation of what is regarded common understanding or the understanding of just one party, then the contents and meaning stipulated here in the GBTC apply. Ignorance of the contents and meaning of the terms stipulated here is no reason for refusal to perform contractual obligations. By way of a graphical design and emphasis with the booqr logo and the specially designed exclamation mark, booqr has taken care that a distinction is evident and the possibility for a confusion and misunderstanding of interpretation eliminated. Since the subsequently defined and in the proceedings of the marketplace utilized terms neither can nor do despite every relevant effort made in all cases and in every detail entirely explain the service, particular attention is drawn to the parties’ obligations under 3.2 and 3.3, especially the ones concerning completeness and truth, which are to be ascertained by a complete communication by and between the parties.
The terms are preceded by a "b", and the terms are displayed with this "b". The "b" is displayed on the market place platform by an image which is a copyrighted protected trade mark. The subsequent paragraphs which refer to terms which consist of the combination of the protected trademark with other terms are also valid without the GTBC having to display the "b" as an image, but a "b" in text format at its place instead. Same applies to situations and occurrences which make this way necessary, such as in case of messages from booqr to members or among members or in the context of contract documentation which are created in pure text format and do or can for technical or other reasons not display the image.
It is understood that the values are circa values.
The performance is performed on one day or at one night in principle without interruption or playing break which lasts longer than one minute in one set of at least 65 minutes and at longest 70 minutes plus an encore of at least 5 minutes and at longest 15 minutes of which the break prior to it lasts at least 1 minute and at longest 5 minutes.
The performance is performed on one day or at one night in principle without interruption or playing break which lasts longer than one minute in one set of at least 50 minutes and at longest 60 minutes plus an encore of at least 3 minutes and at longest 10 minutes of which the break prior to it lasts at at longest 2 minutes.
The performance is performed on one day or at one night in principle without interruption or playing break which lasts longer than one minute in one set of at least 40 minutes and at longest 45 minutes. Interruptions are no longer than 1 minute.
The performance is performed on one day or at one night in principle and lasts at least 120 minutes. Interruptions last no longer than 15 minutes and have a total length of at longst 30 minutes.
The performance is performed on one day or at one night in two sets of each at least 45 minutes with one interruption and break of at least 10 minutes and at longest 30 minutes.
The performance is performed on one day or at one night following the instructions by the promoter. Its content consists of plans by the promoter and their realization within the capabilities and possibilities of the artist. The plans can consist of designs and compositions by the promoter. The locality of the realization can be a non public place such as a sound or film studio. The conception of the event is left to the promoter. The promoter has the authority over the event. The rights in the results which are to be achieved are in principle property of the promoter.
The performance is performed on one day or at one night following the instructions by the promoter. Its content consists of plans by the promoter and their realization within the capabilities and possibilities of the artist. The plans can consist of designs and compositions by the promoter. The locality of the realization can be a public place such as a stage with an audience. The conception of the event is left to the promoter. The promoter has the authority over the event. The rights in the results such as documentation, audio and video recordings which are to be achieved are in principle property of the promoter.
It is the obligation of the promoter to arrange at their expense room, performance location and stage with ancillary details, auditorium, instruments, technical equipment, amplifiers, loud speakers, lighting. They additionally bear all expense for food during the performance. Concerning the choice of the quality of the goods and provisions which are granted the rule of appropriateness applies which has to be in line with what is common in this business trade and what is usual customs.
It is the obligation of the promoter to arrange at their expense room, performance location and stage with ancillary details, auditorium, instruments, technical equipment, amplifiers, loud speakers, lighting. They additionally bear all travel expense, in case of public transport 2nd class, in case of air travel Economy Class, and local transport, accomodation and food for the duration from the day of arrival which is the day of the performance until the departure which is the day subsequent to the service. Concerning the choice of the quality of the goods and provisions which are granted the rule of appropriateness applies which has to be in line with what is common in this business trade and what is usual customs. Further, the promoter is obliged to take care for necessary documents, for instance visa and travel permits.
It is the obligation of the promoter to arrange at their expense room, performance location and stage with ancillary details, auditorium, instruments, technical equipment, amplifiers, loud speakers, lighting, each of which of excellent quality. They additionally bear all travel expense, in case of public transport 1st class, in case of air travel Business Class, and local transport, accomodation in hotels of a category no less than 4 stars and food for the duration from the day of arrival which is the day of the performance until the departure which is the day subsequent to the service. Concerning the choice of the quality of the goods and provisions which are granted the rule of appropriateness applies which has to be in line with what is common in this business trade and what is usual customs. Further, the promoter is obliged to take care for nevcessary documents, for instance visa and travel permits.
Obligations of the artist are reduced to his, in case that the artist is a group of people their presence and the actual performance. The promoter arranges for everything else at his expense, at reasonable and appropriate measure.
With the previously described mutual allocation and assignment of obligations it doesn’t matter which party, ie. artist or promoter, is the one who places their offer as the first original offer to the market place by way of uploading the relevant information there, and which one it is who responds to it by way of placing a counter offer or posting an enquiry about the offer: the assigned obligations are valid either way. It is prohibited that the parties state in offers and in the means of electronic mail specifically provided by the market place any contact details outside of the market place or to put the offer in a way that the contacting is enabled outside of the market place. Especially prohibited is the posting of hyperlinks, ie. URLs, which point to other websites, of telephone and telefax numbers, e-mail addresses and postal addresses. This prohibition also applies in cases in which no intention prevails to surround booqr. For this reason, care has to be taken that the normal business notifications and announcements in stationary such as in letterhead do not occur. It contradicts to the business principle of booqr when at first contacts are made and preliminary negotiations take place by making use of the booqr’s various provisions, relevant contracts however are later concluded and executed outside of the booqr market place. The integrity of business contracts and business contracts which booqr strives for makes consistent proceedings from beginning to end via the booqr market place necessary. Offers by parties which have the objective to surround the booqr market place are to be declined and notified to booqr. booqr reserves the right to, when necessity arises, sanction such violations performed by both parties involved into relevant negotiations for the assurance of integrity of the market place, such as by way of releasing a warning, suspension or elimination of relevant users. booqr reserves the rights and claims of booqr in the shape of commissions due to hodeos which result from provisions brought by booqr towards registered users such as the supporting and enabling of achieving contracts even when such contracts are ultimately concluded outside of the market place and when relevant users were eliminated from the market place because of a violation. booqr therefore reserves the right to examine offers and correspondence between the parties and to search the uploaded data for hyperlinks and other contact details, and in case of violations to advise users to alter them, to delete complete offers and messages, to alter uploaded images without the user having a claim against booqr to post an offer once again, compensation for losses or any other claims against booqr. The abuse of the possibility to post on the market place any offers for the purpose of advertising any commodity or services which to not fall within the definition of the purpose of the market place is prohibited. Users are not allowed to manipulate the course of offers which they posted by means of another membership account or with the targetted involvement of a third party. Especially it is prohibited to post by themselves any counter offers to offers posted by them.
The hereunder stipulated conditions refer to contracts and contractual stipulations in the sense of those legally binding and applicable documents which are concluded as a result of the offer, counter offer and agreement activity among members of the market place. Those contracts aim at iterating the conditions which are recorded in the market place atb the relevant spots.
The posting of a performance offer and a requisition and the communication via electronic mail and by way of utilizing the means of electronic mail specifically provided by the market place alone does not constitute the prevelance of a service contract between parties participating in the procedures of the market place and does not trigger any obligations concerning the service offered such as its delivery or performance. Upon the receipt of knowledge about an offer it is the other users’ free choice to decline the offer which requires no further activity, to respond by way of a counter offer as per 3.3 or to enquire for further information via the means of electronic mail as per 3.4 about further and not yet in the description of the details of the offer mentioned circumstances towards the original offerer. Upon the receipt of knowledge about a counter offer it is the offerer’s free choice to decline the offer which requires no further activity, to accept it which requires the utilization of the function acceptance and the fullfilment of further subsequently described obligations, or to enquire for further information via the means of electronic mail as per 3.4 about further and not yet in the description of the details of the counter offer mentioned circumstances towards the counter offerer. By way of utilizing the function conclusion within the market place a binding contract results out of the original offer and the relevant counter offer. The contract on the basis of these GBTC and applicable laws concerning the applicability of contracts achieved by way of utilization of the internet and the socalled online technology constitutes a contract which is in every sense binding for both parties.
Within the framework of the market place, certain partial processes take place. They encompass offering, counter offering and contract conclusion activity. In order to support and facilitate these, booqr created some terms and clauses. booqr endeavoured a self explanatory nomenclature at the creation of these. At certain points, these terms are short and appear without a detailed explanation. Notwithstanding when applied in a contract, they have full validity in the context of the validity of the entire contract.
From stipulatons concerning the validity of the contracts arranged via booqr in the sense of legally valid declaration of will results that in the event of a non-fulfillment of the contractual obligations by either party, the same general rights and laws and compensation for damages apply which also apply to contracts which are neither arranged through the internet nor through the function of booqr as an intermediary, and this applies also to the contract’s elements and clauses.
In order to attribute a name to the circumference of services which is to be offered, the members use a certain term for it. It can be chosen freely. Restrictions are that no terms or descriptions or formulations may be used which offend against the principles of the market place. Any terms and formulations of insulting, cursing or in religious or political way offending content and other violations of the common sense are particularly prohibited. Terms and formulations must not harm the interest of third party such as their copyrights.
In order to categorize as precisely or nearly as possible the circumference of service, in that to put them into a connection with a certain kind or genre, the users determine a term of a category.
This happens despite the known fact that for a lot of kinds of performances this is not possible or possible only with difficulty. Generally there exist for several terms of categories several different definitions and interpretations. From this fact results a wide spectrum of of content which demands from the members who participate in the transaction activity of the market place a certain amount of tolerance. The tolerance has limits. booqr can for cases in which there prevails a dispute concerning this matter offer the reference to the common sense but will in this respect not perform arbiter function.
In order to determine the time when the performance is delivered, the members determine the date.
It can be chosen mostly freely. The dates are points of time in a calendar. It is left to the parties to make any further detailed specifications.
In order to determine the place where the performance is delivered, the members determine the location.
In order to assign a duty and obligation to deliver elements which are in connection with the performance, the members can determine exactly this by marking either the artist or the promoter.
Depending on the context, the determination of the relevant duty and obligation means that the party who is assigned the duty and obligation has to either perform or deliver or carry the cost for the performance or delivery.
It is left at the parties’ discretion to make further detailed stipulations.
It has to be noted that there are duties and obligations which can only be assigned to one party and such which can be assigned to both parties and in the case that an agreement has been made are to be renedered and fulfilled by the party and the parties.
s. 3.6.2
In order to determine further duties and obligations which are connected to the delivery of the circumference of the performance the members have the opportunity to do exactly this by the way of a free formulation of special requests.
In order to describe the delivery of the circumference of the performance pictographically, the members have the opportunity to upload images to the system. The rules of the market place apply.
In order to describe the delivery of the circumference of the performance verbally, the members have the opportunity to formulate descriptional texts. The rules of the market place apply.
In order to describe the delivery of the circumference of the performance acoustically and visually, the members have the opportunity to upload relevant documents to the system, namely audio and video clips. The rules of the market place apply.
In order to remunerate the performance, the members determine a compensation.
In order to determine the rights in the documents which are connected to the delivery of the circumference of the performance, the members have the opportunity to formulate rules.
There are some very short however very precise formulations given which stipulate the circumstances exactly and without fail. It is left at the parties’ discretion to make some further stipulations about further restrictions.
When stipulations have been made and agreement has been made upon, then these have the same effect of validity as same or similar other stipulations and terms of trade which are applied in contractual situations which have not been achieved with the help of the internet and with the help of booqr, and the usual and general interpretations are valid. When for instance photography is specifically prohibited, then a promoter does not fulfill their contractual obligation if they refrain from photography by himself but only when he imposes the general prohibition of photography and enforces this rule.
When a contract is concluded between parties who participate in the proceedings of the market place with the help of the functions provided by the market place, then booqr confirms to the contract parties the contents of the concluded contract arrangement including all details arranged via the electronic offer and counter offer system in written form, normally by electronic mail to the registered e-mail address of the users. Apart from the pure notification booqr sends to the registered mail boxes of the contracting parties documents in which all declarations of legal intent are stated, such as an explanation of all rights and claims and obligations. Because of the method in which they are achieved, these contracts which are concluded with the help of the market place booqr can not contain the original handwritten signatures of the parties. They are, however, legally binding without such signatures. Any side arrangements and agreements which the artist and the promoter conclude apart from those details of the offer, counter offer and contract which they agreed by making use of the the relevant functions of the market place booqr are disregarded in the written confirmation of the contract and as such bear no legally binding substance. Any arrangements and agreements which the artist and the promoter make outside of the market place booqr concerning any components of the contract beyond what is regulated via the contract arranged via the market place booqr are invalid.
Not under any circumstances does booqr as the owner and operator of the market place bear any obligation or liability or risk to fulfill any of the performances in the sense of the market place promised in any original offer or counter offer or contract or side arrangements. In the case of uncertainty or dispute over the distribution of obligations in respect of details of the duties concerning the performance the duty of clarification is left to the parties amongst each other, ie. artist and promoter.
In the case of the conclusion of a contract the promoter owes to booqr the commission due on the value of the contract concluded.
In the case of the conclusion of a contract the artist owes to the promoter the described performance and to fullfill the special requests and duties and obligations. Duties and obligations means: To supply the relevant item; otherwise to make provisions for the supply of the relevant item; otherwise to bear the expense for the supply of the relevant item. To bear the duties and obligations does not mean: to bear risk (of damage; of breakage; of loss; etc.).
In the case of the conclusion of a contract the promoter owes to the artist the described guarantee and to fullfill the special requests and duties and obligations. Duties and obligations means: To supply the relevant item; otherwise to make provisions for the supply of the relevant item; otherwise to bear the expense for the supply of the relevant item. To bear the duties and obligations does not mean: to bear risk (of damage; of breakage; of loss; etc.).
The market place enables its members to post an evaluation about each other upon the conclusion of a transaction and the way in which the performance is delivered. The execution of the action of an evaluation is possible at earliest on the day subsequent to the day of of the performance according to the contract. The evaluations are supposed to serve first of all the purpose that third parties not involved in the evaluated contracts and services who may be interested in further contracts and services can obtain some further information on the quality of already ocurred procedures on past contracts and performances. booqr does not examine the evaluations. It can happen that they are false or erratic. The users are obliged to only make true statements and to abide by applicable laws. The evaluations posted by the users have to be objective and must not contain any cursing criticism. Any utilization of the evaluation system which conflicts with the purpose of the evaluation system is prohibited. Especially it is prohibited to post false evaluations, to post evaluations about oneself or to have third party users post about oneself in a manipulatory way or to take into considerations any circumstances which are unrelated with the procedures concerning the relevant contract arranged at the market place booqr. Further, the so called revenge evaluations are prohibited, ie. such evaluations which are not true and have the purpose to cause damage to the evaluated member because previously that member evaluated the evaluating one in a way which the evaluated member disagrees with. When a member wishes the removal of the evaluation by another member, then booqr has to be contacted who then again on receipt will examine and decide if any and what further action concerning the disputed evaluation takes place.
The posting of an evaluation by all members takes place on the basis of voluntarity. No member is obliged to post any evaluation.
The market place provides to the members the following marks:
In the case that a member wants to evaluate another largely positively they may do so by using the so called thumb up symbol.
In the case that a member wants to evaluate another largely negatively they may do so by using the so called thumb down symbol.
The member who evaluates another is in such case bound by the principles stipulated in 3.10.1 and has to choose: since only one evaluation for the entire contract and service is possible even when the contract contents contain a whole series or multiplicity of performances, they only can choose once thumb up or thumb down. A mark which is different from the previously explained one does not exist. In cases in which the eavaluating member cannot make up his mind between a positive or a negative evaluation or when he does not want to make an evaluation then he does not need to make an evaluation. In an indirect way the non execution of an evaluation constitutes an evaluation also which depending on the objective facts or the subjective opinion ends up being better or worse than what the evaluation would be which duly ought to take place and therefore booqr appeals to the members to perform their voluntary evaluation.
From the proportion of positive and negative evaluations booqr calculates a ratio. This ratio will be displayed in %. Further, the number of all achieved contracts and evaluations is displayed.
The duration of which the evaluations are saved in the shape of marks is unlimited.
Apart from the mark, the evaluator can post a comment into the field designated for this purpose. The member who evaluates another is in such case bound by the principles stipulated in 3.10.1. The duration for which the evaluations are saved in the shape of comments is limited to the period of one year.
As a compensation for providing the functionality of the market place, booqr charges fees and commissions. The rules concerning such commissions and fees which apply to contracts arranged with the help of the market place booqr are stipulated in a separated document by the name of Stipulations Concerning Commissions And Fees in the applicable version. Any alterations made to this document are communicated with the members by an announcement within the market place and by a notification addressed to the members directly, usually via the electronic mail of the system. booqr monthly sends to the debtor detailed invoices concerning the chargeable items provided to the debtor by booqr which the deptor is obliged to pay within 14 days upon receipt of the invoice. The date relevant as to determine whether a payment is on time is the date of credit to the accounts of booqr. The obligation to pay remains in principle valid notwithstanding a later cancellation, dispute or other refunding of the service contract. This also applies to cancellations and non-performances of all sorts.
In the event that the performance agreed upon in a contract with the help of booqr is for reasons which the parties are not responsible for is not performed, then booqr renounces to claim the commission which would arise in its favour out of the arrangement of that contract. The parties must notify the cancellation of this contract immediately to booqr. For doing so, the relevant formular in the personal area in My booqr and “cancellation” has to be used.
Contracts which are achieved with the help of the market place booqr and to which other contracts or agreements contradict, such as ones by which artists have bound themselves on the basis of general agreements or general contracts concerning the exclusivity or the non-performance towards one certain or several promoters, do not lose their validity through the prevalence of such other contracts or agemments, but they remain valid. Contracts which are achieved with the help of the market place booqr and to which other contracts or agreements contradict, such as ones by which promoters have bound themselves on the basis of general agreements or general contracts concerning the exclusivity or the non-performance towards one certain or several artists, do not lose their validity through the prevalence of such other contracts or agemments, but they remain valid. The aformentioned collision of contractual claims do not constitute a reason which would justify a cancellation by any party of a service contract arranged with the help of the market place booqr. It is in such case irrelevant whether such obligation has been incurred outside prior to the arrangement of a service contract with the help of the market place booqr. Neither the relevant opposite party nor booqr are obliged to compensate the damages to that party who incurred them because of the performance of its obligations resulting out of a service contract arranged with the help of the market place booqr and which the party might consequentially claim. Therefore all parties who participate in the activities at the market place booqr must thoroughly examine meticulously their legal and contractual circumstances concerning their capacity of the actual delivery and performance of their obligations and restrictions, and no one other than they themselves are responsible for their activities and bearing the consequences. Furthermore, booqr waives any liability which any third party may demand with regards by users of the market booqr towards conflict cases which arise due to any contracts or agreements made by same or other users outside of the market place booqr.
The conclusion of legally binding performance contracts causes for the parties involved in the contract a situation which demands from the parties challenges and works in order that they fulfill their contractual obligations, part of which right immediately after conclusion of a contract and long before the date of the actual performance. For instance from point of view of the artist: They undertake rehearsals for a certain project. For instance from point of view of a promoter: They arrange for the equipment for a certain project. In case that now a sudden one sided cancellation occurs, then it can happen that the thus already delivered efforts decay or that costs arise in order that replacement is made. The multiplicity of situations and cases cannot be covered by regulations which appropriately regulate the procedures of each and one case. The aforementioned situation gives reason for sipulating that the party who acts as a contract party for a party who cancels a legally binding contract has a right to claim a compensation for previously made efforts which has to be paid by the cancelling party without the necessity of the contract partner party having to specifically invoice and justify. The compensation is measured in accordance with the measure of time of advance notice and validity, in proportion to the amount of the guarantee. The regulations which are stipulated here do not have any influence on any further claims of compensation for damages on the basis of civil rights which might stipulate different procedures.
If a cancellation of a legally binding performance contract is declared by a contract party
less than 12 months before the performance date, then they owe the other party 6.25% of the guarantee
less than 6 months before the performance date, then they owe the other party 12.5% of the guarantee
less than 3 months before the performance date, then they owe the other party 25% of the guarantee
less than 6 weeks before the performance date, then they owe the other party 50% of the guarantee
less than 1 month before the performance date, then they owe the other party 75% of the guarantee
less than 1 week before the performance date, then they owe the other party 100% of the guarantee
equally regardless whether the cancelling party is an artist or a promoter and that the one hit by the cancellation is a promoter or an artist.
The reasons which ultimately cause the cancellation are unimportant. Act of god and other circumstances which the cancelling party is not responsible or does not feel responsible for are disregarded when determining the claim. In the interest of activity which aims at long term of cooperation and transaction as artist and as promoter in the sense of the market place and the GBTC it is left at the contract parties’ discretion to weigh their claims and interests and decide accordingly whether they pursue their claims or renounce them.
The payment of the compensation comes due with immediate effect: The cancelling party has to pay it immediately and without specific notification of the claim to the other contract party. In case that the promoter has already paid to the artist the full amount of the gurantee and if a cancellation occurs by one contract pary and if the portions paid exceed the amount of the compensation due, the artist has to return to the promoter the excessive portions to the promoter. In any case, the party which is hit by the cancellation can account for the compensation.
Concerning the commission due for booqr, this means that the commission is calculated as a share of the compensation. In case of the arrangement of a compensation, booqr returns already collected and imbursed portions calculated on the basis of the entire guarantee which exceed the appropriate commission amount.
The aforementioned list has the character of general business terms which in a legally binding way applies in all cases unless the contract parties have specifically made a different arrangement. The arrangement of different terms it left at the parties’ discretion. When different terms have been arranged then they are only applicable when these have been made at the utilization of the offer, counter offer and contract function of the market place.
It is also left at the parties’ discretion to renounce compensations which they would be entitled to receive. To actually do so does not have any effect on the commission due to booqr: booqr has a right to claim the compensation calculated on the basis of the compensation.
Conflicts which arise between parties who allege one another not or not entirely to have fulfilled their obligations are generally to be resolved among the parties. The waiver of liability prevails according to which booqr restricts its role to the one of an intermediary and does not assume any liability concerning agreements made between the parties. booqr is in all cases in which the resolution of a conflict case between the parties is not achieved through the communication of the parties amongst each other trying to mediate the matter with the motive of the market place’s integrity and continuity. These efforts can in the next step of escalation only be an auxiliary attempt.The participation by booqr in the process of resolving the issue is based on circumstances which booqr is able to examine. This effort is limited to the viewing and evaluating of evidence which is documented within the circumference of booqr’s system. The motive which guides booqr in doing so is less the allocation of right and guilt in particular cases, but rather the continuation of the market activities of all and of involved members. booqr will for the purpose of mediation not or only to very limited degree take into account any items of evidence which consist of documents which at the time of the achievement of a contract with the help of the market place booqr have not already been registered there at the systems of booqr. It is pointed out that booqr is not capable and does not possess the means to enforce the execution of the consequences of any contractual obligations, but that the maximum sanction consists of the suspension and elimination of members who have been found guilty by booqr for the violation of the General Business Terms and Conditions and the non performance of their duties. Any claims which go beyond that are left to the members. booqr can upon its own judgment cease its activities in conflict cases and owes no justification whatsoever or declarations concerning its investigations or revelation of any items of evidence.
(as of August 2018)
