Terms of Service

1.       General

1.1   Studentenrabatt.com is a free offer for the user from Studentenrabatt.com Service GmbH.
1.2   The following conditions apply to the use and membership of Studentenrabatt.com.
1.3   By using the website you agree to our terms and conditions.

2.       Membership and Registration

2.1   Studentenrabatt.com offers users discounts and special purchase conditions for the services of Studentenrabatt.com Service GmbH customers. These discounts and conditions apply in particular to students who are enrolled at a university.

2.2   Users must be of legal age and fully capable of doing business.

2.3   As part of the membership at Studentenrabatt.com, the student status is checked. Various methods are available for this.

2.4   The user undertakes to truthfully provide all necessary data as part of the membership.

2.5   Studentenrabatt.com reserves the right to refuse membership or to terminate it at any time.

2.6   By submitting the registration form, the user applies for membership. Multiple registrations are not permitted.

2.7   To confirm the registration, the user receives an email from Studentenrabatt.com.

2.8   The user is obliged to treat all access data confidentially and may not disclose them to third parties.

2.9   As a user, you have the right to terminate your membership at any time without giving reasons.

3.       Right of withdrawal

The contract declaration can be revoked in writing within 2 weeks without giving reasons. The period begins at the earliest on the day after receipt of this instruction in text form, but not before the conclusion of the contract and also not before the fulfillment of the information obligations of Studentenrabatt.com according to § 312c paragraph 2 BGB in connection with § 1 paragraph 1, 2 and 4 BGB-InfoV as well as the obligations according to § 312e paragraph 1 clause 1 BGB in connection with § 3 BGB-InfoV. Timely dispatch of the cancellation is sufficient to meet the cancellation deadline. The revocation must be sent to: Studentenrabatt.com Service GmbH, Von-der-Recke-Straße 5–7, 45879 Gelsenkirchen, info@studentenrabatt.com.

4.       Information offers and website

4.1   Studentenrabatt.com is not obliged to make the information made available via the websites operated on a permanent basis. Studentenrabatt.com assumes no guarantee or liability for the availability of the website and the published offers or conditions.

4.2   The use of a discount or a special condition published by Studentenrabatt.com does not create a contractual relationship between the user and Studentenrabatt.com Service GmbH. This only exists between the user and the direct provider of the respective discount or special condition.

4.3   The use of an offer or discount published on Studentenrabatt.com is directly subject to the conditions of the respective provider who grants this offer or discount. As soon as a user makes use of such an offer, he acknowledges this fact.

5.       Ownership of Content

All contents of the website are the intellectual property of Studentenrabatt.com Service GmbH or its customers. Use for private purposes is permitted. Contents may not be changed or used commercially.

6.       Liability

6.1   All information and contents of the website are provided without any guarantee of completeness or correctness. Studentenrabatt.com is only liable for damage caused intentionally or through gross negligence. In all other cases, liability remains limited to the replacement of foreseeable damage typical of the contract.

6.2   Studentenrabatt.com is not liable for any damage resulting from the use of content that is linked on our website.

7.       Data protection and data usage

7.1   You can find detailed information on this in our data protection declaration.

7.2   Studentenrabatt.com uses your data to control business processes or to contact you in the course of business activities. Your data will only be passed on to third parties if this is necessary in the context of a request for an offer or a discount.

7.3   If you do not wish to be contacted by Studentenrabatt.com, you can inform us in writing at any time. We will then no longer contact you.

8.       Changes to the General Terms and Conditions

8.1   Studentenrabatt.com reserves the right to change these general terms and conditions at any time.

8.2   In this case, as a user, you have the right to terminate use and membership for no reason within 14 days of notification of the changes.

9.       Advertising order

9.1   An advertising order within the meaning of the following general terms and conditions is the contract between Studentenrabatt.com Service GmbH (hereinafter referred to as Studentenrabatt) and the advertising customer for the placement of one or more discounts / advertising content on the information and communication services supported by Studentenrabatt, in particular the website and the social media profiles, for the purpose of dissemination, during the time specified in the advertising order.

9.2   The following general terms and conditions apply exclusively to the advertising order. The validity of any general terms and conditions of the advertising customer or other advertisers is excluded, unless they agree with these general terms and conditions, without an express agreement with the advertising customer.

10.       Discount / advertising content

A discount / advertising content within the meaning of these general terms and conditions can consist of one or more of the elements mentioned: an image and/or text, and/or moving images (including banners), a sensitive area that, when clicked, establishes a connection using an online address provided by the advertiser to other data that is in the advertiser's area (e.g. link).

11.       Conclusion of the contract

11.1   Unless otherwise agreed, the contract is concluded through a written or email confirmation of the order or through the placement of discounts / advertising content through Studentenrabatt. The general terms and conditions also apply to verbal or telephone confirmations.

11.2   Insofar as advertising agencies place orders, the contract with the advertising agency is concluded, subject to other written agreements. If an advertiser is to become an advertising customer, he must be named by the advertising agency. Studentenrabatt is entitled to request proof of mandate from the advertising agencies.

12.       Processing period

If the advertising customer has been granted the right to call up individual advertising content / placements within the framework of a contract, the order must be processed within one year of the conclusion of the contract.

13.       Delivery of discounts / advertising content

13.1   The advertising customer is obliged to deliver complete and suitable advertising content no later than 3 working days before the start of the placement. Any deviations must be agreed immediately in writing or by email with Studentenrabatt.

13.2   The obligation of Studentenrabatt to keep / save the advertising content ends 3 months after its last dissemination.

13.3   The costs of Studentenrabatt for changes to the advertising content requested or for which the advertising customer is responsible must be borne by the advertising customer.

13.4   In the event of improper or delayed delivery of the advertising content, Studentenrabatt is released from the obligation to place it in good time in relation to the period specified in the advertising order. This also applies to subsequent changes to the advertising content.

14.       Availability

The advertiser is responsible for the timely availability of the target pages named by him and the data to which the advertising content refers.

15.       Authority to refuse

Studentenrabatt reserves the right to refuse advertising orders within the framework of a conclusion or to stop them if their content violates laws or official regulations or if their content was objected to by the German Advertising Council in a complaint procedure or if their content was, because of their content or origin or the technical form, unreasonable for Studentenrabatt.

16.       Guarantee of rights

16.1   The advertiser warrants and assures that he has all rights necessary for the placement of the advertising content. The advertising customer releases Studentenrabatt from all claims by third parties that may arise due to the violation of legal provisions. Furthermore, Studentenrabatt is exempt from the costs of the necessary legal defense. The advertiser is obliged to support Studentenrabatt in good faith with information and documents in the legal defense against third parties.

16.2   The advertising customer transfers to Studentenrabatt all rights required for the use of advertising in online media of all kinds, including the Internet, in particular copyright, ancillary copyright and other rights, including the right to reproduce, distribute, transmit, broadcast, edit, extract from a database and make available for retrieval, in terms of time, place and content to the extent necessary for the execution of the order. In all cases, the aforementioned rights are transferred without any local restrictions and entitle the use of all known technical processes and all known forms of online media.

16.3   The advertiser ensures that the relevant legal provisions for the placement of the advertising content as well as the restrictions for certain products (pharmaceuticals, therapeutic products, etc.) are complied with for the advertising content. Furthermore, the advertising customer is obliged to comply with all laws relating to unfair and misleading advertising as well as the price information regulation and other advertising-relevant laws. The advertiser is expressly solely liable for violations of these laws.

17.       Obligations to perform for Studentenrabatt

17.1   Studentenrabatt guarantees, within the scope of the foreseeable requirements, the best possible reproduction of the advertising content in accordance with the customary technical standard. The advertiser is aware, however, that the state of the art makes it impossible to create a program that is completely free of errors.
In particular, there is no error in the presentation of the advertising content if the impairment is caused by the use of unsuitable presentation software and/or hardware (e.g. browser) or by disruption of the communication networks of other operators or by computer failure at third parties (e.g. other providers) due to incomplete and/or not updated offers on so-called proxies (intermediate storage) or due to a failure of the server that does not last longer than 24 hours (consecutively or cumulatively) within 30 days after the start of the contractually agreed placement.
If the server fails for a considerable period of time as part of a time-bound booking, the advertising customer is not obliged to pay for the period of the failure. Further claims are excluded.

17.2   If the reproduction quality of the advertising content is inadequate, the advertising customer is entitled to a reduction in payment or a faultless replacement advertising, but only to the extent to which the purpose of the advertising content was impaired. If Studentenrabatt allows a reasonable deadline set for this to pass or if replacement advertising is impossible, the advertising customer has the right to a reduction in payment or to cancel the order.

17.3   Studentenrabatt expressly does not guarantee the advertiser the exclusion of competition within the Internet pages on which the advertiser's advertising content is placed as part of the advertising order.

18.       Service disruptions

If the execution of an order fails for reasons for which Studentenrabatt is not responsible (e.g. for program or technical reasons), in particular due to computer failure, force majeure, strikes, due to legal provisions, disruptions from the area of responsibility of third parties (e.g. other providers), network operators or service providers or for comparable reasons, the execution of the order will be rescheduled if possible. In the case of catching up within a reasonable and reasonable time after the disruption has been rectified, the entitlement of Studentenrabatt for remuneration remains. If the postponement is significant, the advertiser will be informed of this.

19.       Liability

19.1   Claims for damages from positive breach of contract, negligence when concluding the contract and tort are excluded in the case of slight negligence by Studentenrabatt, representatives or vicarious agents. This does not apply to the breach of essential contractual obligations; in this case the liability is limited to the foreseeable damage. Claims for damages due to the impossibility of performance and default are limited to compensation for the foreseeable damage in the case of slight negligence.

19.2   In the event of gross negligence on the part of the simple vicarious agent, liability towards entrepreneurs is limited to the extent of the foreseeable damage. This does not apply to the violation of essential contractual obligations.

20.       Price list

20.1   The price list valid at the time the order is placed applies. We reserve the right to change the tariffs. For orders confirmed by Studentenrabatt, however, price changes are only effective if they are announced by Studentenrabatt at least 1 month before the advertising content is published. In the event of a price increase, the advertiser has the right to withdraw. The right of withdrawal must be exercised within 14 days of receiving notification of the price increase.

20.2   Discounts are based on the currently valid price list. Advertising agencies and other advertising agents are obliged to adhere to Studentenrabatt price lists in their offers, contracts and settlements with those who advertise.

21.       Terms of payment

The invoice is issued on the day the advertising content is published. Payment within 30 days of the invoice date, net. In the event of default in payment or deferral, interest will be charged at the rate customary in banking for overdraft facilities.

22.       Late payment

22.1   In the event of late payment or deferral, interest and collection costs will be charged. In the event of default in payment, Studentenrabatt can postpone further execution of the current order until payment and demand advance payment for the rest of the placement.

22.2   Objectively justified doubts about the solvency of the advertising customer entitle Studentenrabatt to make the appearance of further advertising content dependent on the advance payment of the amount and the settlement of outstanding invoice amounts regardless of an originally agreed payment term, even during the term of the contract.

23.       Cancellation

23.1   Cancellation of advertising orders must be made in writing or by email. In the case of cancellations up to 8 weeks before the start of the placement, 20% of the order volume will be invoiced. In the event of cancellation up to 2 weeks before the start of the placement, 40% of the order volume will be invoiced, in the event of cancellation less than 2 weeks before the start of the placement, 60% of the order volume or 80% of the still open order volume during the placement.

23.2   The right to terminate for an important reason remains unaffected. An important reason exists in particular if the other party becomes insolvent or insolvency proceedings are applied for over their assets or the opening of insolvency proceedings is rejected due to insufficient assets. Another important reason exists if the other contracting party repeatedly violates contractual obligations and does not restore the contractual status within 30 days of being requested to do so by the other contracting party, despite setting a deadline.

24.       Data protection

The advertising order is processed taking into account the applicable data protection regulations. The advertising customer undertakes to comply with all data protection regulations.

25.       Place of performance / place of jurisdiction

The place of performance is the registered office of Studentenrabatt. In business dealings with business people or legal entities under public law or in the case of special funds under public law, the place of jurisdiction for lawsuits is the seat of Studentenrabatt. If claims for Studentenrabatt are not asserted in the dunning procedure, the place of jurisdiction for non-traders is determined by their place of residence. German law applies. If the domicile or usual place of residence of the advertiser, even in the case of non-traders, is unknown at the time the lawsuit is filed and the advertiser has moved his domicile or habitual residence outside the scope of the law after the conclusion of the contract, the place of jurisdiction is agreed to be the registered office of Studentenrabatt if the contract has been concluded in writing.

26.       Changes to the contract – severability clause

26.1   Changes to this contract must be made in writing to be effective. This also applies to the agreement of the written form itself. Oral side agreements do not exist.

26.2   Should one or more provisions of this contract be or become ineffective or void, the validity of the remaining provisions shall remain unaffected. The ineffective or void provisions will be replaced by those effective provisions which the contracting parties would have agreed upon if they had known of the defect at the time the contract was concluded in order to achieve the same economic success.