1.1.    Rights of use of Visual Materials are granted exclusively under the General Terms and Conditions of bobsairport as specified below which are to be agreed upon in writing between bobsairport and the user prior to the granting of the rights of use. The General Terms and Conditions shall also apply to all future deliveries unless deviating terms and conditions are expressly agreed upon.
1.2.    bobsairport does not accept general terms and conditions of the user which deviate from these General Terms and Conditions. Such deviating general terms and conditions will also not become a subject-matter of the contract even when bobsairport does not expressly object to the same.
1.3    The presentation of the Materials on bobsairport’s website does not constitute an offer, but only serves the purpose of initiating contracts.

2.1.    The temporary granting or the downloading of the Materials constitutes only the transfer of the expressly agreed rights of use. Every use requires a written release statement by bobsairport. Such release shall be declared by bobsairport only after a prior agreement on the scope of the use and the fee that is to be paid for it.
2.2.    The use of the Materials as a basis for the preparation of drafts or for layout purposes as well as the presentation to customers constitutes already a use liable to the payment of a fee   and requires the prior release by bobsairport.
2.3.    A release of Materials granted by bobsairport entitles only to a one-time publication/re-production for the indicated purpose at a place anywhere in the Federal Republic of Germany unless the written release statement provides for a further-reaching use. Any use exceeding the scope as agreed upon (such as leaflets, publishing house advertising, book club and licensed editions, repeated showing/telecasting, posters, etc.) is once again liable to the payment of a fee and requires the prior release.
2.4.    As a general rule, only non-exclusive rights are granted for the pictures which are released for use. The acquisition of exclusive rights of use (exclusive rights) and the granting of blocking periods must be expressly agreed upon, requires the payment of a separate fee and must be included in the written release statement.
2.5.    Each granting of rights of use shall be made under the condition precedent that the fee that is owed for the use is paid to bobsairport.
2.6.    A transmission of the Materials or a transfer of the granted rights of use to third parties, also to other editorial departments of the publishing house or to sub-contractors is inadmissible. If in an individual case a transmission or a transfer of the rights of use to third parties is permitted or if the user arranges for the sending of the material to a third party, the user shall be liable for the return of all the pictures in an impeccable condition and for the payment of the costs incurred, of contractual penalties and of the fees for their use. The user shall be liable for a default of the third party to the same extent as for a default of its own.
2.7.    The Materials must not be duplicated. All duplicates which are made with or without the permission of bobsairport are to be surrendered together with the Materials to bobsairport without being asked and free of cost. Item 3 of the present Contract shall apply to digital duplicates.
2.8.    As a general rule, the Materials are to be used in the original version only. Any adaptation and modification (for instance montage, photo-technical alienation, coloration) require the express approval of bobsairport. Alterations in the reproduction of pictures (for instance the publication of picture details) and/or alterations of texts supplied together with the pictures are not permitted if and when persons or objects that are shown may be denigrated thereby.

3.1.    bobsairport makes the database www.bobsairport.com available to the user. In the event of a registration, the user will receive its access data to the customer section of the database. The ordering of fine-grain data or of watermark-free layout data and the preparation of a light table are possible for registered users only.
3.2.    The user is obliged to handle its access data with care, and the same are to be treated confidential by bobsairport and by the user. A transmission of the access data to third parties by the user is not permitted. The user has to inform bobsairport immediately of an unauthorised access in order to enable bobsairport to block the access data and to establish a new password. The user shall be liable for any costs which are caused by the unauthorised use of its access data.
3.3.    The user cannot claim a right of access to the database at any time. It is rather left to the discretion of bobsairport to remove the database at any time from the network for maintenance purposes or for any other reason and to modify, alter or delete the database with its contents.
3.4.    Each digitalisation of the Materials constitutes a duplication which requires the approval of bobsairport. A right of duplication which is granted by bobsairport does not comprise in the event of conventional pictures the right of digitalisation, unless otherwise expressly agreed upon on a case-by-case basis.
3.5.    As a general rule, a digitalisation that is permitted by bobsairport may be made for the purposes of the user only. Electronic archiving is permitted in any case only at the user's and also only for the duration of the legitimate use. The storage of the image data in online databases or in other electronic archives which are accessible to third parties requires a separate agreement between bobsairport and the user. The same applies mutatis mutandis to the storage of image data on disks, CD-ROM or similar data carriers.
 3.6.    The transmission of digital pictures by way of remote data transmission or on data carriers is permitted only when bobsairport is informed in advance of the nature and scope of the contemplated data transmission and has given its prior written approval thereto. The re-production of digital pictures on screens and the production of hard copies (printouts, films) also require the prior written approval of bobsairport.
3.7.    In the event of image digitising of the Materials, the name of the photographer as well as the name of bobsairport („Photographer/bobsairport“) must be electronically linked with the picture data. Moreover, the user has to ensure by means of appropriate technical arrangements that the said link is maintained in each data transmission, in the transfer of the picture data to other data carriers, in the re-production on a screen and in each public re-production so that the photographer as the author and bobsairport as the photo agency can be identified at any time.
3.8.    Any digital modification and transformation of the Materials require the prior written approval of bobsairport, unless expressly agreed upon otherwise. Excluded herefrom is only the removal of undesired blurs or of colour deficiencies by means of electronic re-touching.
3.9.    Upon the return of the Materials or - if the legitimate use has not yet been exercised at this point in time - after the exercise of the granted rights of use, all digital images are to be completely deleted in the electronic archives of the orderer and on all external data carriers.

4.1.    Upon the receipt of a delivery and/or in the event of the transmission of the data, the user has to check the Materials in respect of its completeness and the absence of defects. If the delivery and/or the data transmission are/is incomplete or if individual pictures have technical or other defects, the user is obliged to give notice of the incompleteness or of the detected defects of the Materials within 24 hours of the receipt of the delivery by telephone, in writing or by e-mail. The pictures which were found to be incomplete or defective must be returned immediately to bobsairport and/or must be deleted. If no such notice of defect is given or if it is not received in due time by bobsairport, then the user's complaint that the delivery and/or the data transmission had been incomplete or that individual pictures had been defective will remain unconsidered later on.
4.2.    If the Materials that are temporarily granted consist of originals, the same are to be handled with the greatest possible care. Duplicates are to be handled with the same care as the originals.
4.3.    The user shall be obliged to name on each occasion of the publication of a picture the photographer as the author and bobsairport as the photo agency („Photographer/bobsairport“). The names must be stated with the relevant picture. Exceptions are to be agreed upon in advance in writing.
4.4.    The user has to inform bobsairport without being asked of each publication of the Materials by sending two author’s copies free of charge.

5.1.    Upon the receipt of the delivery and/or the transmission of the data, the user shall be liable until the date of the undamaged return to bobsairport for the loss of and damage to the temporarily granted Materials. The costs and the risk of the return delivery shall be borne by the orderer.
5.2.    In the event of the unauthorised use, duplication, alteration, processing, modification or transmission of the Materials, the user has to hold bobsairport harmless from all claims of third parties arising therefrom. bobsairport shall in this case also be entitled to claim a contractual penalty amounting to the threefold of the fee agreed for its use or, in the absence of an agreement, to the threefold of the fee which is usual for its use, at least, however, EUR 300.00 per picture. The assertion of a further-reaching claim for damages shall remain unaffected hereby.
5.3.    If pictures for which the user bears the risk get lost or if pictures are returned in a state which excludes any further use in accordance with standard practice, the user is obliged to pay damages. In such case, bobsairport shall have the right to claim at least damages amounting to EUR 1,500.00 for each original picture and EUR 300.00 for each duplicate, unless the user furnishes proof for a damage of a lesser extent. The assertion of a claim to higher damages shall remain reserved for bobsairport.
5.4.    If pictures which are returned in a defective state (for instance with finger prints thereon) can be brought back into an impeccable state by means of cleaning or other measures, the orderer has to refund the costs which are required in this respect. In such case, bobsairport shall have the right to demand, without furnishing proof for the costs that have arisen, a compensation of at least EUR 100.00 per picture, unless the orderer furnishes proof for a damage of a lesser extent.
5.5.    If the author and/or bobsairport are not named (item 4.3. of the Contract), the user has to pay a contractual penalty in the amount of 100 % of the agreed fee for the use or, in the absence of an agreement, in the amount of the usual fee for the use. Moreover, the user has to hold bobsairport harmless from all claims of third parties (photographers, etc.) which result therefrom.
5.6.    With the payment of damages or of a contractual penalty, the user neither acquires the ownership of nor rights of use for the Materials.

6.1.    Warranty claims of the user under the Contract on account of any defects of the Materials are excluded. The exclusion of warranty claims does also apply to hidden defects.
6.2.    A release statement made by bobsairport does not contain the warranty that persons that are shown or the owners of the rights in works of fine arts or applied arts which are shown have granted their consent to a publication. The procurement of the consent of third parties that is required in individual cases or the procurement of permits for publication from collections, museums, etc. is incumbent upon the user, unless the existence of the required approval and/or permit is expressly assured by bobsairport in writing.
6.3.    bobsairport does not assume any liability for the nature of the use of the Materials. It is the responsibility of the user to assure that no rights of personality, no copyrights and/or other rights of third parties are infringed by the nature of the use. The user also has the sole responsibility for the accompanying text and has to adhere to the principles of journalism of the German Press Council (Press Code).
6.4.    bobsairport is only liable for damage caused by bobsairport, by its legal representatives or their vicarious agents by intentional or grossly negligent conduct.

7.1.    The use of bobsairport’s website www.bobsairport.com for picture search is free of charge.
7.2.    The downloading of layout data is also free of charge. The ordering of fine-grain data per e-mail or FTP is subject to the payment of a fee and is charged at a flat rate of EUR 15.00 plus the statutory turnover tax per transaction.
7.1.    For the compilation of original Materials as well as for the preparation of specific image data/scans, bobsairport charges a handling fee on the basis of the nature and the extent of the expenditure involved and which amounts to a minimum of EUR 30.00 plus delivery costs. An offsetting against fees for use, if any, is not possible.
7.2.    Required photographic or reproduction-related preparatory work is charged to the user at cost price. Delivery costs (packing, postage), including the costs of special modes of dispatch (taxi, airfreight, by express) shall be borne by the user.
7.3.    Upon the expiration of the time-limit for selection and/or when the time-limit for the return of used Materials is exceeded, a blocking fee of EUR 10.00 per day is to be paid up to the receipt of the picture by us for each colour slide and of EUR 5.00 for each black and white print in addition to the other costs and fees, unless the user is not liable for exceeding the time-limit or when a different written agreement had been entered into before.
7.4.    Any use of the Materials transmitted by bobsairport is subject to the payment of a fee. The amount of the fee is to be agreed upon with bobsairport in writing prior to the use.
    The amount of the fee depends upon the purpose of use, the total number of copies, the circulation area and the layout. It amounts to at least EUR 200.00 per picture and use.
    Unless a different fee agreement is made, the fees recommended by the Mittelstandsgemeinschaft Foto-Marketing (MFM) im Bundesverband des Pressebild-Agenturen und Bildarchive e.V. (BVPA), as amended, shall apply at the time of the dispatch of pictures.
7.5.    To the costs and fees to be paid by the user, the contribution to the Social Security for Self-Employed Artists and the turnover tax in the respective statutory amount are to be added.
7.6.    The invoices issued by bobsairport are due and payable immediately upon their receipt and without any deduction. If the user gets into default in payment, bobsairport shall be entitled to charge default interest in the amount of 5 % over and above the respective base interest rate of the European Central Bank.

8.1.    If one or several of the above provisions are or become invalid, the validity of the remaining provisions shall not be affected thereby.
8.2.    The place of performance and the place of jurisdiction for all claims arising from contracts with fully qualified merchants, legal persons under public law, separate funds under public law or with orderers from abroad that do not have a general place of jurisdiction within the country     is the seat Berlin.
8.3.    The legal relations between bobsairport and the user are exclusively governed by the law of the Federal Republic of Germany.