GTC – General Terms and Conditions

As of: 01.08.2025

Preamble

We, Rabbit Publishing GmbH, Rosenthaler Straße 34/35, 10178 Berlin (hereinafter referred to as “Publisher”), operate a website on the subject of electric mobility at https://electrive.com/, hereinafter referred to as “electrive”. We offer paid media services (advertising opportunities) via this website.

These GTCs are a translation of the respective German Allgemeine Geschäftsbedingungen (AGB). In the event of discrepancies, inaccuracies or omissions in the English version, the German original retains sole validity.

1 Scope of application, form

(1) These General Terms and Conditions (GTC) apply to all business relationships between us, Rabbit Publishing GmbH, and our customers. The GTC shall only apply if the customer is an entrepreneur (§ 14 BGB [German Civil Code]), a legal entity under public law or a special fund under public law.

(2) The GTC applies in particular to contracts for the placement and execution of advertising orders for the website operated by the Publisher, associated social media channels and other online media (including those of third-party partners). Unless otherwise agreed, the GTC in the version valid at the time of the customer’s order – or at least the version most recently provided to the customer in text form –  shall also apply as a framework agreement for similar future contracts of a similar nature, without the need for separate reference in each individual case.

(3) These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if, and to the extent that, we have expressly agreed to their validity in writing. This requirement for consent shall apply in all cases, for example, even if the customer refers to his terms and conditions in the context of an order confirmation and we do not expressly object.

(4) Individual agreements and details set out in our order shall take precedence over the GTC.

(5) Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting of deadlines, reminders, cancellation) must be made in writing. For the purposes of these General Terms and Conditions, “in writing” includes both written and text form (e.g. letter, email). Statutory formal requirements and the right to request further proof – particularly in cases of doubt regarding the authority of the person making the declaration – remain unaffected.

(6) References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in these GTC.

2 Conclusion of contract

(1) For fixed-price services, the contract is concluded on the basis of the prices valid at the time of the order (available for download at  https://www.electrive.com/media-kit/)  through a written order placed by the customer and our written order confirmation. Our General Terms and Conditions also apply in cases of verbal or telephone order confirmations.

(2) A contract is also concluded for all services if we make the customer a written offer and the customer confirms this offer in writing within a period of 4 weeks. Delayed acceptance shall be deemed a new offer and requires acceptance by us.

(3) If the customer is an agency, the contract shall, in case of doubt, be concluded with the agency. However, the agency’s client must be named to us before the contract is concluded; a change of client during ongoing orders is only possible with our written consent.

(4) Otherwise, the customer is not authorised to use commissioned services for third parties and/or allow third parties to use them.

(5) The customer shall not be entitled to conclude a contract.

(6) If the customer only makes reservations for media services on specific date(s) and/or within certain time periods, these shall become void if no contract for the provision of media services is concluded between us and the customer at least 10 working days (for advertisement) or 30 working days (for conference packages) before the date(s) requested.

3 Description of services, provision of services

(1) Our range of services is outlined in our media kit: https://www.electrive.com/media-kit/. We are obliged to provide the agreed services. The scope of the order covers only the agreed services, not any specific success hoped for by the customer, such as clicks, leads generated, or similar performance indicators.

(2) The agreed services must be provided within the agreed period and/or until the volume specified in the contract has been reached. If no timeframe is specified, the customer must call up the agreed services during the 18 calendar months following the conclusion of the contract. After this period, we are released from the obligation to provide services; however, the customer’s obligation to pay remains unaffected.

(3) Services are only to be delivered on specific dates if this has been expressly agreed. We reserve the right to postpone dates at short notice if the publication, due to current events (e.g. political), would no longer fit the editorial context of electrive’s published topics.. Should this be the case, the publisher will inform the customer as soon as possible.

(4) We are authorised to commission third parties (e.g. subcontractors, freelancers) to fulfil the contract without this requiring the customer’s consent. The customer is also not entitled to prohibit the commissioning and involvement of third parties.

(5) We are entitled to characterise the agreed services as advertising, in particular by using clarifying labels.

(6) We do not review the advertising material provided by the customer. If the advertising material does not meet our technical specifications, we reserve the right to reject it and refuse to provide the service. This shall not affect our right to full payment of the agreed remuneration.

(7) If the customer wishes to make changes to the advertising material, the customer must bear any additional costs. We will inform the customer of the costs prior to making any changes.

(8) Our obligation to store the advertising material ends three months after the last publication.

4 Customer’s obligation to cooperate 

(1) The customer is obliged to provide us with the advertising material required for the provision of the service in proper form, particularly in accordance with our technical specifications, before the agreed provision of the service. The advertising material must be provided at least 5 working days before the agreed provision of the service (usually for media services), unless otherwise contractually agreed. We may refuse to provide the service if the customer hands over the advertising material late. This shall not affect our right to full payment of the agreed remuneration.

(2) If the customer’s advertising material contains links to the customer’s websites, the customer must ensure that these links are available for the duration of the agreed service.

5 Right of refusal

(1) We reserve the right to refuse or block orders – including individual placements as part of a contract – if the content of the advertising material provided by the customer

• violates laws or official regulations;
• has been objected to by the German Advertising Council in a complaint procedure;
• infringes on the rights of third parties, particularly intellectual property, trademark, or similar rights;
• violates these GTC;
• contains content glorifying violence or war, or content that is pornographic, harmful to minors, racist, hateful or inhuman;
• contains propaganda or symbols of unconstitutional organisations;
• or is otherwise unreasonable for us to publish due to its content, origin or technical format.

(2) In particular, we may withdraw advertising material that has already been published if the customer subsequently makes changes to the content of the advertising material or if the linked data is subsequently changed such that the conditions listed above in paragraph 1 apply.

6 Rights of use, indemnification

(1) The customer warrants that it holds all rights necessary for the placement of the advertising material. The customer indemnifies us against all third-party claims that may arise due to the violation of legal regulations in connection with the advertising order. Furthermore, the customer shall cover necessary legal defence costs. The customer is obliged to support us in good faith with information and documents in our legal defence against third parties.

(2) The customer grants us all copyrights, ancillary copyrights and other rights necessary for the use of the advertising across all types of online media, including the Internet, in particular the right to reproduce, distribute, transmit, broadcast, extract from a database and retrieve, in terms of time and content to the extent necessary to fulfil the order. The aforementioned rights are transferred without territorial restrictions and include all known technical formats and online media types.

7 Warranty

(1) Within the scope of foreseeable requirements, we ensure the best possible technical display of the advertising material according to the technology available. However, the customer acknowledges that it is not technically possible to create a programme that is completely free of errors according to the state of the art. The warranty does not cover insignificant errors. An error is considered insignificant, especially when caused by

• the use of incompatible display software and/or hardware (e.g. browser);
• disruption of the communication networks of third-party providers;
• computer failure due to system failure;
• incomplete and/or outdated content in proxies  (cashing);
• failure of the ad server that lasts no longer than 24 hours (consecutive or cumulative) within a 30-day campaign period.

(2) If a campaign fails due to reasons beyond our control (e.g. technical issues, force majeure, strikes, legal orders, third-party disruptions such as hosting providers, network operators, or similar), we will attempt to reschedule the campaign.

If the order is rescheduled within a reasonable and acceptable timeframe for the customer after the disruption, our right to remuneration shall remain intact.

(3) After publication of the advertising material, the customer must immediately check for obvious defects in its implementation. These must be reported no later than one week after publication, stating all necessary data.

8 Liability

(1) We are liable for damages only in cases of intent or gross negligence on our part or by our legal representatives or vicarious agents. This shall not apply to liability for breach of essential contractual obligations. For minor negligence, claims are limited to compensation for foreseeable damage. Foreseeable damages are defined as the total payments the customer is obliged to make under the contract.

(2) In the event of gross negligence by simple vicarious agents, liability is limited to the foreseeable damages if the customer is a business. This does not apply to the breach of essential contractual obligations.

9 Remuneration, terms of payment, invoicing

(1) The price list published on our website at the time of contract conclusion (https://www.electrive.com/media-kit/) applies, unless otherwise contractually agreed. The prices are subject to  VAT at the legally applicable rate.

(2) We reserve the right to amend prices for business customers. For confirmed orders, however, price changes are only valid if announced at least one month before publication of the advertising material. In the event of a price increase, the customer has the right to withdraw. The right of cancellation must be exercised within 14 days after receiving notice of the price increase.

(3) Advertising agencies and other advertising intermediaries are obliged to adhere to the provider’s price lists in their offers, contracts and invoices with advertisers.

(4) Invoices shall be issued after conclusion of the contract and are payable immediately without deduction, unless otherwise agreed. Any deviating payment deadlines or advance payments must be agreed separately. The invoice shall be sent to the e-mail address specified by the customer.

10 Default of payment

(1) Interest and collection costs shall be charged in the event of late payment or deferment of payment. In the event of late payment, the Publisher may suspend further fulfilment of the current order until payment has been made and demand advance payment for the remainder of the placement.

(2) Objectively justified doubts about the client’s ability to pay shall entitle the Publisher, even during the term of the contract, to make further advertising placements dependent on advance payment or settlement of outstanding invoices, regardless of previously agreed payment terms.

(3) If a payment deadline is agreed, the customer enters default upon expiry without further notice.

11 Termination

(1) Early termination by the customer before expiry of the agreed term of the contract or the provision of services is excluded.

(2) The right to extraordinary termination remains unaffected.

(3) We are particularly entitled to extraordinary termination for the reasons stated in § 5 of these GTC.

(4) Termination must be made in writing.

12 Data protection

(1) The provision of services shall take place in compliance with the applicable data protection regulations.

(2) The customer is obliged to observe the applicable data protection regulations.

13 Final provisions

(1) We reserve the right to amend or supplement these contractual terms and conditions as follows. We shall notify the customer of any amendments or additions in writing at least six weeks before they take effect. If the customer does not agree with the amendments or additions, they may object to them within one week prior to their intended entry into force. The objection must be made in writing. If the customer does not object, the amendments or additions to the contractual terms and conditions shall be deemed accepted. When notifying the customer of the amendments or supplements, we shall explicitly point out the implications of their conduct.

(2) Should individual provisions of these Terms and Conditions be legally ineffective, the remaining provisions shall remain binding. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.

(3) The place of fulfillment is our registered office in Berlin.

(4) These GTC and the contractual relationship between the Publisher and the customer shall be governed by the laws of the Federal Republic of Germany, to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

(5) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office in Berlin. The same applies if the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB). Mandatory statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.

These GTCs are a translation of the respective German Allgemeine Geschäftsbedingungen. In the event of discrepancies, inaccuracies or omissions in the English version, the German original retains sole validity.