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General Terms & Conditions

1 General

An advertising order in the sense of the following General Terms and Conditions is defined as a contract for the publication of one or several advertisements by an Advertiser in the airberlin magazine / Classified ads for the purpose of dissemination. Your booking is binding once payment has been transferred to the account of GP-KOM GmbH before the closing date (for further details see 4, Invoicing).

2 Order

The closing date for advertisements is the 15th in the months of January, March, May, July, September and November. Orders for advertisements to be published in specific numbers, in specific issues or in specific positions of the airberlin magazine / Classified ads shall be communicated to the classified ads service in due time so that the Advertiser can still be informed prior to the closing date in case the order can not be processed in such a manner. In compliance with GP-KOM GmbH's standard, factual reasonable principles, GP-KOM GmbH reserves the right to reject advertising orders based on their contents, origin or technical form, if their contents violate the law or official regulations or if their publication is unacceptable to GP-KOM GmbH. The Advertiser will be promptly informed if the order has been rejected. If the Advertiser has been served notice or if the Advertiser has already filed a legally binding declaration of forbearance with regard to specific advertisement contents, the Advertiser shall be obliged to promptly inform GP-KOM GmbH thereof in writing. Should the Advertiser fail to comply with this obligatory duty, GP-KOM GmbH shall — for this reason alone — be able to refuse any joint liability for the damage incurred by the Advertiser due to the repeated publication of the objectionable advertisement contents.

3 Sending of advertising documentation

The manuscripts to be published shall be sent to GP-KOM GmbH, Katernberger Str. 60, D-42115 Wuppertal, E-Mail: kleinanzeigen-abmag@gp-kom.de. The Advertiser shall be responsible for the timely submission of the advertising text and flawless manuscripts. The manuscripts must be accompanied by a color proof and a color print-out at actual size respectively. Without an enclosed color proof, GP-KOM GmbH shall not be liable for an inaccurate reproduction. GP-KOM GmbH shall promptly request replacements for visibly unsuitable or damaged manuscripts. GP-KOM GmbH shall guarantee the standard print quality for the reserved title within the framework of the prevailing possibilities allowed by the manuscripts. If no specific size requirements are specified, the type of advertisement and the invoice shall be based on the actual print height of the advertisement. Furthermore, the rules of the new German spelling shall be applied, unless the Advertiser explicitly specifies otherwise. GP-KOM GmbH will not submit proofs.

4 Invoicing

Subject to individual agreements, the rates in the current price list shall apply. In the case of price adjustments, new rates shall also immediately take effect for current orders, unless explicitly agreed otherwise. This shall not apply to orders placed by non-businesspeople for orders to be processed within four months following the conclusion of the contract. Payment for the invoice shall be in advance by bank transfer to the bank account of GP-KOM GmbH. The payment needs to have arrived to the bank account of GP-KOM GmbH before the closing date or the client needs to show proof of transfer before closing date. Hard sample copies will not be provided. Ads can be viewed on screen in pdf-file, which will be sent to the client's e-mail address. The Advertiser shall bear the costs for the drafting of drawings ordered as well as the costs for significant or reasonable modifications requested by the Advertiser to the originally agreed-upon design.

5 Advert Placement

The customer is not entitled to a specific placement for his advertisement; GP-KOM GmbH shall be able, at their sole descretion, to place the advertisement inside the page layout as they see fit, even if this places the advertisement in a category different from the category that the customer asked for. Nevertheless, GP-KOM GmbH will try to accomodate the customer's wishes regarding placement.

6 Liability

In the event that an order is not fulfilled due to circumstances for which GP-KOM GmbH is not responsible, the Advertiser shall, irrespective of any additional legal obligations, reimburse GP-KOM GmbH for the difference between the granted reduction and the reduction corresponding to the actual acceptance by GP-KOM GmbH. The refund shall not apply if the non-performance is based on force majeure within GP-KOM GmbH's scope of risk. In the event of interruption of business or in cases of force majeure, confiscation, traffic disruptions, general shortage of raw materials or power and similar occurrences as the case may be — either in the operation of GP-KOM GmbH or in the enterprises of third parties, to which GP-KOM GmbH resorts for fulfilling its obligations — GP-KOM GmbH shall be entitled to the full payment of the advertisements published, if the advertisement object has been distributed by airberlin with 80% of the average circulation. In case of a lower distribution, the amount invoiced shall be reduced in the same ratio, in which the actual number of issues sold stands to the actual number of issues distributed. In case of a completely or partially illegible, incorrect or incomplete printing of the advertisement, the Advertiser shall be entitled to a price reduction or a correct replacement advertisement, but only to the extent to which the purpose of the advertisement was impaired. Should GP-KOM GmbH allow a time limit agreed-upon for this purpose to expire or should the replacement advertisement yet again not be correct, the Advertiser shall be entitled to a price reduction or be allowed to rescind the contract. Claims for damages shall be excluded, unless GP-KOM GmbH, its legal representatives and its vicarious agents are at least responsible for gross negligence or intent. However, this does not apply in cases of bodily harm, harm to life and health by GP-KOM GmbH, its legal representatives and its vicarious agents. Indemnity claims resulting from the impossibility of performance of contract or delay shall be limited to the payment of predictable damage and the fee payable for the advertisement or supplement in question. Evidence of greater damage shall remain unaffected. GP-KOM GmbH’s liability for damages due to the lack of warranted characteristics shall remain unaffected. Claims must, with the exception of faults which are not immediately apparent, be filed within four weeks after receipt of the invoice and the advertisement receipt. Should any defects in the advertising text not be immediately discernible, the Advertiser shall not be entitled to any claims regarding unsatisfactory printing of the advertisement. The same shall apply to mistakes in repeatedly printed advertisements, if the Advertiser does not point out the mistake prior to the next going to press of said advertisement. Manuscripts and data storage media will only be returned to the Advertiser on special request. The obligatory retention period shall end three months after the advertisement has appeared.

6 Place of jurisdiction

Wuppertal shall be the place of performance and the place of jurisdiction. The law of the Federal Republic of Germany shall apply.

Dated: 19.05.2011