GENERAL TERMS AND CONDITIONS OF AIRTANGO MEDIA GMBH
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) apply exclusively to all services provided by airtango media GmbH, Seckendorffallee 19-21, 74564 Crailsheim, Germany (hereinafter referred to as ‘airtango’).
1.2 The catalogue of services of airtango includes the marketing of advertising space in the area of Digital-Out-Of-Home (DOOH) on screens in fitness studios, universities, on taxi vehicles and in public places as well as the placement of advertising material and competitions in social media channels of airtango (e.g. in the form of posts on the platforms Instagram (Meta) and LinkedIn).
1.3 Conflicting or deviating general terms and conditions of the contractual partner shall not apply unless airtango expressly agrees to them.2.
2. DEFINITIONS AND SUBJECT MATTER OF THE CONTRACT
2.1 ‘Advertising order’ is any agreement between airtango and a contracting party on the placement and insertion of advertising media on digital screens as defined in clause 1.2.
2.2 ‘Advertising media’ are, for example, text adverts, images, videos, animations, interactive content or competitions that can be displayed on screens.
2.3 airtango shall arrange advertising space for the contractual partner as well as the placement (i.e. placement and support) of advertising material on screens of airtango’s partners or in social media channels of airtango and/or the partners.
2.4 ‘Contractual partner’ is any natural or legal person who commissions airtango with the mediation and placement of advertising material. The contractual partner may be the advertiser itself (e.g. a company advertising its own products) or an agency acting on behalf of a third party but for its own account.
3. CONCLUSION OF CONTRACT AND CONTRACT DATA
3.1 airtango shall send offers to the contractual partner by e-mail. These constitute an invitation to the contracting party to place an order with airtango. The placement of an order by the contracting party is made by e-mail and represents the offer to conclude a contract. The contract is accepted by the order confirmation from airtango by e-mail. The contract is concluded upon receipt of the order confirmation by the contractual partner.
3.2 Contractual partners acting on behalf of a third party must name their client. airtango is entitled to demand written proof of the commissioning of the contractual partner by the third party.
3.3 The contracting party is obliged to inform airtango immediately of any changes to the advertising client’s company data (e.g. address, contact person), i.e. the contracting party itself or the commissioning third party, and in any case no later than five working days before the start of the agreed placement of advertising media.
4. PLACEMENT OF ADVERTISING MEDIA
4.1 airtango shall place the advertising material provided by the contractual partner in the agreed social media channels and/or on the agreed DOOH advertising spaces for the contractually agreed duration or until the agreed AdPlays (number of ad placements) have been reached.
4.2 After completion of the campaign, airtango shall provide the contractual partner with an overview of the AdPlays achieved or other contractually agreed key figures. The data determined by airtango or its partners via the ad servers used shall be decisive. If alternative measurement methods are desired by the contractual partner, this must be agreed in writing with airtango before the start of the placement.
4.3 A specific positioning of the advertising media on the screens is not owed by airtango. airtango points out to the contracting party that airtango has no influence on the specific locations of screens in buildings.
4.4 The contracting party is obliged to check the advertising material after the first playout and to report any errors to airtango immediately. If advertising material is not clearly recognisable as advertising, airtango shall be entitled to label it accordingly (e.g. with the note ‘Advertisement’).
5. REJECTION OR BLOCKING OF ADVERTISING ORDERS
5.1 airtango is entitled to refuse orders and/or not to place advertising material provided or to block it after the start of placement and/or to terminate concluded contracts extraordinarily if the orders or advertising material:
- violate legal regulations or official provisions,
- have been objected to by the German Advertising Council,
- contain pornographic, violent, inciting or discriminatory content,
- violate the rights of third parties,
- do not fulfil technical requirements.
5.2 Subsequent changes to the advertising material by the contractual partner or its client which violate the aforementioned criteria shall also entitle airtango to block the advertising material and/or extraordinary cancellation of the corresponding contract.
6. PROPERTY RIGHTS
6.1 The contracting party guarantees that the advertising material submitted to airtango for placement – even if it is acting on behalf of a third party – complies with applicable law and does not violate either statutory provisions (e.g. UWG, DSGVO) or the rights of third parties (e.g. copyrights, trademark rights).
6.2 The contracting party grants airtango all rights to the transmitted advertising material required for the contractually agreed placement.
6.3 With regard to the warranty according to clause 6.1 and the granting of rights according to clause 6.2, the contractual partner indemnifies airtango comprehensively from all claims of third parties and any fines upon first request. The indemnification includes the costs of legal defence by airtango on the basis of an hourly fee customary in the industry.
7. PRICES AND TERMS OF PAYMENT
7.1 The prices for the agreed services of airtango are based on the price list of airtango valid at the time of the conclusion of the contract. Special prices or individual agreements require a written agreement between the parties.
7.2 Invoices are to be paid within ten days of the invoice date without deductions. In case of default of payment, airtango is entitled to charge default interest in the amount of 9% above the base interest rate and to suspend current orders until outstanding invoices have been settled.
7.3 If the contractual partner has a right to call up individual advertising media, this must be exercised within one year of the conclusion of the contract. Upon the expiry of one year, uncalled services expire, while the obligation to pay remuneration remains unaffected. The contractual partner is at liberty to prove that airtango has suffered less or no damage.
8 LIABILITY
8.1 airtango is not liable for e.g. technical faults for which airtango is not responsible or in cases of force majeure.
8.2 airtango is liable without limitation in case of intent and gross negligence, in case of injury to life, limb and health, in case of assumption of a guarantee or in case of statutory strict liability.
8.3 In the case of slight negligence, airtango is only liable for the violation of cardinal obligations. Cardinal obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose fulfilment the contractual partner may rely. In these cases, liability is limited to compensation for direct and foreseeable damage. A cancellation of more than 24 hours in the case of firmly booked campaigns shall result in a pro rata credit note in relation to the agreed placement duration, provided that the placement cannot be made up for in a timely manner.
8.4 In all other cases of slight negligence, the liability of airtango is excluded.
9. DATA PROTECTION
The parties shall execute all contracts concluded in accordance with the relevant statutory provisions on data protection and, if necessary, conclude an order processing contract.
10. MISCELLANEOUS
10.1 airtango is authorised to transfer the rights, claims and/or obligations arising from the contracts concluded with the contractual partner to third parties.
10.2 airtango is entitled to involve third parties in the fulfilment of the obligations arising from the contracts with the contracting party.
10.3 The contracting party is only authorised to transfer rights and/or obligations from the contracts concluded with the contracting party to third parties with the written consent of airtango.
11. FINAL PROVISIONS
11.1 Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the parties shall agree on a valid provision that comes as close as possible to the invalid provision in legal, economic and factual terms.
11.2 The place of fulfilment and exclusive place of jurisdiction is Munich.
11.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Status: March 2025
