Press CenterTravel-TV brings your Destination, your Hotel chain or your Hotel straight to the Public Open to all sides Supervision from start to realization It is all about coordination Promotion is key General trading conditions of the Travel Network TV GmbH 1. General information 1.1. The Travel Network TV GmbH - in the following called producer - produces its products exclusive on the basis of the available general trading conditions. These are valid also for all future business relations, even if not expressly referred to them. 1.2. A legal connection of the producer enters by the company confirmation of the Offer/Order (confirmation by fax or email is permissible) or the signing of the contract. With signing of the contract and/or the confirmation of order the general trading conditions are accepted. A confirmation is to be held for the written confirmation by fax or email. 1.3. The production of the film work, indifferently on which data file, effected due to the client or from it to the order of film script placed in the production contract and/or that accept offered in writing laid down conditions approved. 1.4. Of the producer or in its order defined Treatments, film scripts, designs, plans and similar documents stay in its mental property, if these do not find use in the film or if there was no fee agreed upon. Each use, especially passing on, duplication and publication require the express agreement of the producer. By the client supplied documents can be reclaimed by this. 1.5. In the production contract and/or in the accepted offer is to be already noted, for which circulation areas, media and periods the film work is to be manufactured. 2. Cost 2.1. In the contractually agreed upon price all manufacturing costs, including send and/or demonstratable Erstkopie, are as well as the right grant at the film work in the extent planned in accordance with number 7,2 contain. The calculated work time per rotation AG/post office production day amounts to max. 10 hours. 2.2. Weather-conditioned shifts of the trick (weather risk) are not usually in the calculated production costs contained. From this title resulting extra costs are charged for after occupied expenditure plus HU (see number 2,4). 2.3. Over the production of a Treatments or a film script a separate contract can be locked. The price agreed upon in the present Treaty is to be paid by the client also if it the Treatment or film script does not let film, and/or from the order withdraws. If a film script and/or an before-existing film work is placed from the client or its authorized person to the order, the full unlimited transfer of rights at the producers is to be made. 2.4. According to the agreement between CFP (Commercial Filmproductions Europe) and EAAA (European Advertising Agencies Association) on the calculated net production costs an addition of 15% for overhead costs (HU), as well as 12% for profit, that are 27%, on the first cost impacted. In addition the legal value added tax comes. 2.5. If the client requires the conclusion of a certain insurance, then he has to communicate this to the producer at the latest with conclusion of a contract and to recompense the costs for this. 2.6. The client possibly bears the cost of technical consultation arranged by him. 3. Production, change, decrease, versions in other languages 3.1. Pre and/or shootings begin at the earliest after signing of the Production Contract and/or the accepted offer. 3.2. The artistic and technical organization of the work is incumbent on the producer. The producer has to inform the client and/or its authorized person about place and intended operational sequence of the preliminary work and photographs. 3.3. The decrease by the client and/or its authorized person means an approval of the artistic and technical quality. 3.4. If the client before the decrease of the film changes of the zeitli¬chen arrangements, the manuscript, the film script or the filming hurry already manufactured requires, then these changes go to his loads, as far as it does not concern the asserting of justified notices of defect. The producer has to inform the client and/or its authorized person immediately about the prospective costs of these changes. 3.5. If the client has suggestions for improvement after decrease of the film, then he has to communicate the desired changes in writing to the film manufacturer. The producer is obligated and alone entitled to make changes. Such changes go debited to the client. 3.6. If for artistic or technical reasons opposite the film script already approved proposed amendments are brought in on the part of the producer, who leads to Mehr¬kosten in relation to the agreed upon manufacture price, these require the previous written agreement of the client and/or its authorized person. Expressly approved extra costs cannot be made not valid. The length of the film work results from the production contract. The running time is considered as kept, if the Schnittkopie does not deviate any more than 5% from the agreed upon length. 3.7. If by the film work fremdsprachige versions are to be manufactured by synchronisation, luggage SHOT, change of title or Untertitelung, an appropriate agreement is to be made. 4. Adhesion 4.2. Footstep with the production of the film a circumstance, which makes the production contractual impossible, then has to represent the producer only resolution and rough negligence. Appropriate is valid also with not punctual completion of the film. The impossibility of the production or not punctual completion of the film, which is to be represented neither from the producer nor from the client to, entitled the client only to the cancellation of the contract. The achievements furnished so far zzgl. HU and shares in the profits (see number 2,4) are however charged. 4.3. Material defects, which are recognized by the producer, are to be eliminated from it to. Ability these corrections without co-operation of the client or its technical adviser to be accomplished, cannot regard the producer at fruitless operational sequence of a period legal to the Vornahme of the appropriate actions fulfilled of mindes¬tens two weeks the contract as. The producer is entitled to refuse the removal of the lack so for a long time until the payments due to the Zeit¬punkt of the correction were made. 4.4. The producer is responsible for all law breakings, which are if necessary caused by him during the production, however carries the client the risk of the Requisiten placed from him to the order. 5. Cancellation of the contract by the client 5.1. If order for production was given and if the client without being to blame for the producer withdraws before turning beginning from the order, this is justified to place actually resulted net costs as well as the proportionate HU and the escaped total profit in calculation. 5.2. At an order resignation between 10. and the 4th day before the intended turning beginning is justified the producers to place 2/3 of calculated and net costs akzeptierten of the client plus HU and escaped total profit in calculation. 5.3. Footstep of the clients between 3. and the 1st day before the intended turning beginning back, then is charged for the calculated and assigned sum total. If no trick is contained in the quantity of orders, the producers, 2/3 of the calculated are justified and of the client net costs accepted escaped total profit in calculation plus HU and to place. 6. Terms of payment 6.1. If different one is not agreed upon, the following terms of payment are valid: 50% during signing of the agreement, 50% with reduction of production In case of a production volume of at least € 250,000, - exkl. USt., is divided as follows the second half: 25% with raw cut decrease, 25% with supply and final inspection 7. Copyrights, rights of exploitation 7.1. The film work is manufactured due to the client and the film producer of accepted film script. The producer has all necessary copyright rights of exploitation (exceptionally if they with an exploitation corporation lie), in particular the duplication, spreading, transmission, necessary for the fulfillment of a contract, performance and Leistungsschutzrechte, which are administered also after completion of the work of him. 7.2. In the production contract is to be agreed upon, which rights of use at the finished work are granted and/or excluded to the client after complete payment of the Produktionskosten to which extent (spatially, temporally). 7.3. Normally this is the transmission/performance rights in the homeland of the client at TV and cable companies and/or cinema for the duration of a yearly starting from completion/initial application. Same is valid also for the use of the work in the Internet or for similarly constituted similar or digital platforms (so-called new kinds of utilization; e.g. to the use on Handheld computers or mobile telephones). The paying off of the author and achievement patent rights in particular for the range actor, speaker, music, archives materials, due for an extension or an extension of the transmission and/or performance rights, are to be agreed upon separately. The accounting of these resulting costs takes place via the producer in accordance with section 2 of the general trading conditions. This is valid to be impaired also for a transmission going beyond the transmission country via satellite, so far thereby rights of the producer or author and achievement patent rights in particular for the range actor, speaker, music, archives materials. As basis for the paying off of Buy Outs of the CFP published tariffs are considered. 7.4. Exceptionally from the right grant anyhow the rights are for duplication, treatment, change, addition, fremdsprachige synchronisation and the use of cutouts in picture and/or clay/tone, if they are not contractually expressly agreed upon and paid off separately. For the Abgel¬tung of these retired rights of use at least the escaped profit of production is to be set. By it the requirement on compensation is untouched. 7.5. The client explains itself expressly in agreement with the fact that the legally prescribed messages are made to the appropriate exploitation corporations by the producer. 7.6. The client is committed to announce each employment of the film work immediately outside of in the production contract to countries and periods specified the production company. 7.7. For the protection of the copyright rights of exploitation remain the raw material (picture and clay/tone), in particular negatives, master volumes and likewise the remaining material with the producer. 7.8. The producer commits itself, the original, to store picture and clay/tone material of the supplied work professionally against cost replacement. The period for safekeeping amounts to with spots two years, in the case of all remaining order productions five years. Before expiration of the respective period the client and/or its authorized person has to demand the duration of a further keeping in writing. 7.9. If the rights excluded from the right grant became to transfer in accordance with number 7,3 paid off and contractually to the client for utilization, the obligation meets the client in accordance with number 7,5 for keeping, as far as not expressly different one was agreed upon. 7.10. With the delivery of the film work the risk for the copying documents turns into to the client, even if the film work with the producer, with one of it assigned institute for copying or from it assigned archives one stores. The costs for this are separately agreed upon. 8. Other regulations 8.1. The Titelvorspann and retighten is as part of the film script from the client to be approved. 8.2. The producer is entitled to show its company name and its trade mark as copyright note. In addition it has the right to demonstrate the film work on the occasion of from competitions and festivals as well as for the self-advertisement (Musterrolle) or would move forward to leave. Likewise the producer is entitled to demonstrate the film work for the purpose of the self-advertisement or would move forward to leave; this is valid also for publications in the Internet, on the web page of the producer or other appropriate similar or digital platforms (so-called new kinds of utilization; e.g. to the use on Handheld computers, mobile phones). For self-advertisement also the use of cutouts or other pictorial material is to be held for the demonstration on the Internet presence of the producer permissible and for self-advertisement. 8.3. If several clients give the order for a film work to the producer, then is before turning beginning to already hold in writing, which client in authority of the remaining clients has to make declarations in the sense of the preceding points opposite the producer. This is valid in particular for the designation of that person, who has responsibility for the decrease of the final version of the film work. 8.4. If several Koproduzenten are contracting parties of the client, the determination of the number 8,3 is valid in a general manner. 8.5. Changes of the production contract and/or these manufacture conditions require the written confirmation. If Produk tions¬vertrages one point these manufacture and of terms of delivery should become ineffective by a determination, then thereby the validity of the remaining regulations is not affected. 8.6. Place of delivery is the head office of the producer. 8.7. For the case of disputes as area of jurisdiction the court responsible at the head office of the producer is agreed upon. This court has to bring German right to application. |
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