Liability a. The liability of the organizer, his legal representatives or vicarious agents for contractual breaches of duty is limited to intent and gross negligence. This does not apply to injuries to the life, body and health of the visitor, claims under the Product Liability Act, fraudulent concealment of defects, breach of a guarantee and infringement of cardinal obligations, i. Obligations that arise from the nature of the contract and whose breach endangers the achievement of the purpose of the contract and the compensation for damages caused by default (§ 286 BGB). In that regard, the organizer is liable for any fault. This also applies to the legal representatives or vicarious agents of the organizer. The liability in the case of a breach of essential contractual obligations shall be limited in amount to the damages foreseeable at the time of the conclusion of the contract and typical for the contract.
Liability. 1. The photographer shall not be held liable for the breach of any rights (trademarks, company names, design rights) shown in the photographs or held by persons or objects depicted in the photographic material unless a duly signed release is enclosed. The customer shall be responsible for acquiring the rights of utilization over and above the copyright to the photograph in question and for obtaining releases from collections, museums etc., e. g. for images showing works of applied or plastic arts. The customer shall be responsible for the legend as well as the context in which the photograph is used.
Liability. (1) The liability clauses as agreed between the Parties in the Service Agreement are also applicable for this Data Processing Agreement.
Liability. 8.1 For financial losses (“Vermögensschäden”) caused by the provision of public telecommunication services, excluded financial losses caused by wilful intent, the liability of ASK4 shall be limited according to sec. 44a of the German Telecommunication Act (Telekommunikationsgesetz).
Liability. 9.1 Within the scope of fault-based liability, we are liable - irrespective of the legal grounds - without limitation in case of intent and gross negligence. In the event of simple negligence, we are liable, subject to statutory limitations of liability (e.g. diligence in own affairs; insignificant breach of duty), only in the following cases:
Liability. 12.1 It is expressly agreed that Seller shall not be liable to Buyer for damages in the event of personal injuries, or for damage to goods that are not the subject of the specific contract, as well as for other damage and loss of profit, unless the circumstances of a specific case reveal that Seller acted with gross negligence. The reversal of the burden of proof according to § 1298 of the Austrian General Civil Law Code is excluded.
Liability. 9.1 Unless otherwise provided in these Terms and Conditions, including the following provisions, we shall be liable for violations of contractual and non-contractual obligations in accordance with the provisions of law.
Liability. 9.1 Claims for damages shall be excluded regardless of the nature of the breach of duty including tort, insofar as these are not based on wilful intent or gross negligence on our part or on the part of our legal representatives, employees or vicarious agents or on a culpable breach of material contractual obligations. Material contractual obligations are those, the fulfilment of which is required to achieve the intended purpose of the contract and compliance with which the Buyer regularly relies on or may rely on. In the event of a breach of material contractual obligations due to simple negligence, our liability shall be limited to the foreseeable damages typical for the contract.
Liability. 6.1. The liability of the parties as well as their vicarious agents and vicarious agents for culpably caused damages is excluded, insofar as the damage was not caused by intent or gross negligence; this does not apply to damages resulting from injury to life, limb or health, or the culpable breach of essential contractual obligations, i.e. those obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligations).
Liability. 4.1. Participants' claims for compensation are excluded. Exclusions include claims for compensation by the Participant arising from the violation of life, the body or health or the violation of essential contractual duties (cardinal obligations), as well as the liability for other damages based on the intentional or grossly negligent breach of duty by the Organiser, its legal representative or its agent.