General Terms and Conditions (GTC)

Flusslandschaft Elbe GmbH

1. Scope

  1. These General Terms and Conditions (“GTC”) apply to all services, offers, and business relationships of Flusslandschaft Elbe GmbH, Schloßstr. 10, 21354 Bleckede, registered in the Commercial Register of the Lüneburg Local Court under HRB 201659, hereinafter referred to as “DMO.”
  2. The DMO provides services in the areas of destination management, destination marketing, and tourism information and communication services.
  3. Any terms and conditions of contractual partners that differ from these shall not apply unless their validity has been expressly agreed to in writing.

2. Scope of Services

  1. In particular, the DMO provides the following services:
    • tourism destination marketing,
    • Location and Brand Communication,
    • Operation of tourism information platforms,
    • Online, print, and social media communication,
    • Presentation of tourism service providers,
    • Event planning,
    • Network and Collaboration Management,
    • Development and implementation of tourism projects and campaigns,
    • Provision of digital information and service solutions.
  2. The DMO does not guarantee any specific economic success, including, in particular, a minimum number of guests, bookings, revenue, reach, or advertising impact.
  3. The DMO is entitled to have services performed, in whole or in part, by third parties.

3. No tour operator or travel agency activities

  1. Unless otherwise expressly agreed in writing, the DMO is neither a tour operator nor a travel agent within the meaning of Sections 651a et seq. of the German Civil Code (BGB).
  2. The publication of tourism offers is intended solely for informational and marketing purposes.
  3. Contracts for tourism services are concluded exclusively between the respective provider and the guest or customer.
  4. The DMO will not be a contracting party for the services offered.

4. Collaboration with Service Providers and Partners

  1. The inclusion of companies, offers, events, or other content in the DMO’s media and platforms is subject to the DMO’s current quality and participation requirements.
  2. There is no guarantee of publication or permanent visibility.
  3. The DMO is authorized to:
    • To edit content,
    • Adjust formats,
    • To optimize content from a technical standpoint,
    • To reject or remove posts for objective reasons.
  4. The respective partner or service provider guarantees:
    • the accuracy and timeliness of the information provided,
    • the legal admissibility of the content,
    • the existence of all necessary rights of use.
  5. The partner shall indemnify the DMO against all claims by third parties arising from unlawful or incorrect content.

5. Rights of Use for Provided Content

  1. By submitting texts, images, videos, logos, or other materials, the partner grants the DMO a non-exclusive right of use, unlimited in terms of territory and duration, for tourism marketing and communication purposes.
  2. This includes, in particular:
    1. Online publications,
    2. Social media use,
    3. Print media,
    4. Public Relations,
    5. Presentations,
    6. Trade show and event appearances.
  3. The partner warrants that it is authorized to grant the rights.

6. Events and Projects

  1. Additional terms and conditions may apply to DMO events, campaigns, or projects.
  2. The DMO reserves the right to make changes regarding:
    • Time,
    • Location,
    • Procedure,
    • Speakers,
    • Program content, to the extent that this is objectively necessary and reasonable.
  3. Events may be canceled for good cause, particularly in the following cases:
    • force majeure,
    • Security risks,
    • official orders,
    • Insufficient number of participants.
  4. No further claims may be asserted unless there has been intentional or grossly negligent conduct.

7. Digital Platforms and Technical Availability

  1. The DMO strives to ensure that its digital systems and platforms are available with as few disruptions as possible.
  2. There is no guarantee of availability at all times.
  3. In particular, maintenance work, security updates, technical issues, or force majeure may result in temporary restrictions.
  4. The DMO does not guarantee the continued availability of external interfaces or third-party platforms.

8. Liability

  1. The DMO has unlimited liability:
    • in cases of willful misconduct and gross negligence,
    • in the case of damages resulting from injury to life, body, or health,
    • in accordance with mandatory legal provisions.
  2. In the event of a breach of material contractual obligations due to slight negligence, liability is limited to foreseeable damages typical for this type of contract.
  3. Otherwise, liability is excluded.
  4. In particular, the DMO is not liable for:
    • economic expectations or performance forecasts,
    • Failure of third-party tourism services,
    • incorrect information provided by external providers,
    • technical problems beyond their control,
    • Content from external websites.

9. Links and External Content

  1. The DMO's digital offerings may contain links to external third-party websites.
  2. The DMO assumes no responsibility for external content.
  3. At the time the link was posted, no illegal content was apparent.

10. Data Protection

  1. The processing of personal data is carried out in compliance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
  2. Further information can be found in the DMO's privacy policy.

11. Confidentiality

  1. The contracting parties agree not to disclose the other party’s confidential information to third parties without authorization.
  2. This does not apply to information that:
    • are generally known,
    • were lawfully obtained from third parties,
    • must be disclosed due to legal obligations.

12. Final Provisions

  1. The laws of the Federal Republic of Germany apply.
  2. The place of performance and—to the extent permitted by law—the venue for legal proceedings is the registered office of DMO.
  3. Any changes or additions to this GTC must be made in writing.
  4. Should any individual provisions of this GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.