T&C

Agreement on granting rights of use of the applicant (hereinafter referred to as host 
(and Pandox Berlin GmbH, Lützowplatz 17, 10785 Berlin (hereinafter referred to as hotel).

(1) Object of the agreement 
and granting of rights

The object this agreement is granting rights of use on the photographs and letters sent by the hosts electronically within the scope of the project “You, me and Berlin” (hereinafter referred to as files). For this purpose, the hotel provides a microsite in which the hosts upload such files.

 

The host grants the hotel unlimited and transferable rights of use on the files 
without any restriction of territory, time and content for the following purposes:
– use of the files in one of the hotel rooms selected by the hotel as well as in 
corridors or showcases of the hotel optionally,
– use of the files on the websites of the hotel as well as social media platforms 
(for instance Facebook, Twitter, Google+),
– use of the files in promotional brochures of the hotel.
The aforementioned purposes are not exhaustive. The hotel reserves the 
right to use the files for other purposes.

 

The granted right of use contains, in particular, but not exhaustively, the 
following types of use within the scope of the purposes mentioned in paragraph 2:
– right to reproduction, distribution and publication of the files on and in media of all sorts,
– editing and modification of the files, for instance enlargements, extracts, inserting a 
logo of the hotel.

 

The host also transfers rights of his work to the hotel for unknown types of use at the time of conclusion of this agreement.
The hotel assures to use the files solely for its purposes. There shall be no claim to the names of the depicted persons or the owner in the background of the depicted buildings and premises when using the files. The host will be mentioned at a suitableplace to be determined by the hotel upon use of the files.

(2) Compensation

For granting use the host receives a voucher for two nights with breakfast included in his own room at a value of EUR 300. 
Furthermore, the host is given the possibility to promote himself through a personal letter, such as a brief description of his business and indication of a website or email address.

(3) Terms of Agreement

The contract is valid for an indefinite time.

(4) Warranties

The host warrants that he alone is entitled to dispose of the rights on files mentioned in (1) 1 of this agreement, without any restriction, and free from third-party rights, and that he has not already disposed or will dispose of these rights, neither all or in part.

 

The host warrants that the depictured persons on the photos, as well as the owner of the buildings and premises situated in the background, have granted their consent regarding the use of the photos, and no personal rights or other rights are being infringed. (3) Provided the host has indications for a violation of law or an infringement of third-party rights, he shall immediately inform the hotel in writing, and assist the hotel in the defence against claims of third parties.

(6) Miscellaneous

Changes and additions to this agreement shall be made in writing.

 

This agreement shall be governed by the laws of the Federal Republic of Germany.

 

The invalidity or ineffectiveness of individual provisions of this agreement shall not affect the validity of the remaining provisions. The parties are obliged to replace the inadequate provision with a provision which as closely as possible achieves the factual, economic and legal purpose of the invalid provision. The same procedure shall be adopted in case the agreement contains a gap.

 

Place of jurisdiction shall be Berlin.