General Terms and Conditions
I. General, Scope, Contractual Partner
- The Hello Bamberg app (hereinafter referred to as “app”) is a service requiring registration. The “Look inside” function allows the user to get a first impression of the app; registration is not required; only limited use of the app is possible via the “Look inside” function. Registration is required to use the app to its full extent.
- The app is provided by Medienkraft Verstärker GmbH, Gutenbergstraße 1, 96050 Bamberg (hereinafter: operator).
- The GTC apply to services offered in connection with the app.
II. Conclusion of contract, termination of contract
- By installing the app, the user establishes a contractual relationship with the operator about the use of the app. The contractual relationship comes into effect with the download and installation from the respective App Store.
- Each user may only register once. There is no right to registration, the operator reserves the right to reject an application for registration by notifying the user without giving reasons.
- The user can terminate the contractual relationship concluded with the operator regarding the use of the operator’s services at any time without notice and without giving reasons; for this purpose, it is sufficient that the user clicks on the “Delete account” function in the app under the “My Bamberg” heading. Deleting the account will also delete the in-app purchases. In-App purchases are processed via the respective app store; the conditions of the respective app store apply. Once user accounts have been deleted, they cannot be restored.
- The operator can terminate the contractual relationship within a period of two weeks. This does not affect the operator’s right to terminate the contract for cause. In the event of termination, the operator will send his notice of termination to the e-mail address provided by the user.
- The right to use the app expires upon receipt of the cancellation. The user has to uninstall the app. The operator will delete all personal data of the customer upon termination.
III. Object of performance
- The app allows the user to select tours provided by the operator and to display detailed route information, such as tour descriptions, descriptions of sights, photographs, elevation profile and length of the route.
- The app is available in the following languages: German and English.
- The start screen shows the user different categories (e.g. sights, food & drink, exploring). By clicking on an individual picture (tour or POI), the user is led directly to the detailed view of a tour or a point of interest (POI). The “More” option available for each category allows the user to display all POIs within this category in a list or on a map. A basic entry is stored for each POI. Selected POIs are equipped with an audio guide function that allows the user to listen to basic information within a tour via a pop-up as soon as he or her is within reach of this POI.
- The map view allows the user to find out about the POIs and locations in his or her area without restriction to a specific category.
- Tours are offered to the user for the different categories. These tours may have been created by the operator or third parties. Each tour is marked with the name and/or logo of the tour operator. If the tour is sponsored, it is marked as “sponsored”. Sponsored tours as well as the correspondingly marked “Teaser Tour” are made available to the user free of charge; all other tour offers can be purchased via the “In-App Purchase” purchasing process. A current price/package overview can be found in the tab “Tips and price list”.
- Via “My Bamberg” the user is given the opportunity to set up a personal area. Here the user can change the language setting, his or her e-mail address and password, delete his or her account and log out. In addition, users can view their in-app purchases here.
- Via “Tips” the user can obtain tips on various categories, such as information on parking facilities, restaurants or pharmacies, etc. This area will be continuously expanded and should help the user to prepare for their stay in the best possible way. The information provided is provided after best knowledge, the operator takes over however no guarantee for completeness, topicality and correctness of the information.
IV. Individual responsibility of the user
- The operator and third parties will provide the information provided, in particular the tour information, with the greatest possible care, however, it cannot be excluded that- opening hours and address data are changing;
– route information and progressions are incorrect;
– contents are erroneously, especially as they are partly based on myths and legends;
– due to the GPS basis no completely exact navigation can be guaranteed; in particular, the operator cannot technically guarantee uninterrupted availability of the GPS signal.
- It is the user’s responsibility to carry suitable equipment if necessary and to check the weather conditions before each tour. The user must also assess whether he or she is physically fit enough to walk/visit the selected tour/places of interest.
V. Duties of the user<7h2>
- When using the app, the user undertakes not to violate applicable legal provisions and to observe the contractual provisions.
- The information provided by the user for registration purposes must be truthful and complete. Mandatory information on first registration: First and last name as well as the e-mail address and the password. The user must inform the operator immediately about any changes made available by the operator under “”My Bamberg””. The user must immediately report any misuse of passwords by unauthorized persons to the operator. The operator expressly reserves the right to delete access in the event of misuse.
VI. Technical availability
The user acknowledges that the operator can not technically guarantee uninterrupted availability of the app, third-party services and individual services (e.g. in form of GPS signals and the reloading of data via the user’s mobile phone connection) and that the user has no claim against the operator for permanent availability. The operator reserves the right to restrict or temporarily suspend his services at his own discretion for maintenance, security or capacity reasons. Restrictions of this kind can be defined and changed by the operator at his own discretion.
The operator is liable in the event of damage as follows:
The operator is only liable for damages caused to a user by a slightly negligent breach of duty attributable to the operator to the extent that the damage is foreseeable and typical for this type of service and was caused directly by the breach of duty. If the slightly negligently violated obligation is not of essential importance for achieving the purpose of the contract, the liability of the operator is excluded.
However, the operator is fully liable to the user for damages resulting from injury to life, body or health which are based on an intentional or grossly negligent breach of duty by the operator or his legal representatives or vicarious agents as well as for other damages which are based on an intentional or grossly negligent breach of duty or fraudulent intent by one of the aforementioned persons. In addition, the operator is fully liable to the user for damages which are covered by the liability according to mandatory valid legal regulations as well as in the case of possible assumption of a guarantee by the operator.”
The use of the app and its contents is permitted exclusively for personal use. Any other use requires the express written consent of the operator. By using this app the user is bound to Google’s Terms of Service.
IX. Data Privacy
With regard to the provisions on data protection, reference is made to the separate data protection provisions.
X. Final Clauses
- The place of performance is the operator’s registered office.
- The parties agree as place of jurisdiction, as far as legally permissible, the registered office of the operator.
- The contracts concluded between users and the operator above and in the app, including these General Terms and Conditions, shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German and European private international law.
- The German version of the GTC is authoritative.