LEGAL NOTICE ​

 

Guided tours; cultural mediation; event creation; Research & Writing ​ January 2024 Edition ​

 

1. GENERAL ​

 

1.1 These Terms and Conditions regulate the reciprocal rights and obligations of TellTaleCities, 1202 Geneva, and the Principal. A contractual relationship regarding the use of TellTaleCities' services arises from the moment Lemon accepts the mandate of the client. ​

 

1.2 These General Terms and Conditions serve as the contractual basis and apply even if they are not expressly referred to in all contracts between the parties. They take precedence over any general terms and conditions of the client. Any disagreement or divergence with respect to the interpretation of these terms and conditions must be in writing, including if it is intended to derogate from this requirement of written form. ​

 

1.3 The regulations contained in individual contracts between the parties take precedence over these General Terms and Conditions if they deviate from them.

 

1.4 TellTaleCities has the right to change the services as well as these General Terms and Conditions if it deems it appropriate for technical reasons or due to market developments, and if this does not unduly prejudice the interests of the Client. Changes to the General Terms and Conditions shall enter into force for the Client from the moment they are communicated, unless the Client objects in writing within seven calendar days. In this case, the client has the right to terminate its contracts with TellTaleCities in accordance with the contractual notice period.

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1.5 TellTaleCities is based in Geneva (CH), and partially operates in Helsinki (FI). Her work is under the responsibility of Marikit Taylor, marikit@telltalecities.com; +41 79 795 40 84. ​

 

2. SCOPE OF SERVICES ​

 

2.1 TellTaleCities offers services in the field of cultural mediation, research and writing, and guided tours. It develops its services and makes them available within the framework of its contract with the client and the resources available. ​

 

2.2 TellTaleCities has the right to use third-party providers or partners and to exploit any legally available resources for the proper performance of the contract. ​

 

2.3 For any modification, adaptation or transformation of third-party works (e.g. design works, photos, texts, models, electronic data, etc.), TellTaleCities admits, in the absence of an express reservation by the client, that the permission to use exists and therefore will not result in a violation of the rights of third parties. ​

 

2.4 Depending on the scope of the services, close cooperation between TellTaleCities and the client may be required. In this case, the parties will define by individual contract intermediate objectives and reciprocal obligations of cooperation and acceptance of the work. If the Principal fails to comply with these obligations of reception and cooperation, TellTaleCities shall be released from the obligation to continue to provide services to the Principal. After issuing a warning to the client, TellTaleCities may also invoice the client for the costs incurred up to that point, the payment of which will be due immediately. ​

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3. NATURE AND EXTENT OF USE ​

 

3.1 The contractual provisions defined in writing between Lemon and its principal set the limit of the framework provided for the use of the works created by TellTaleCities. In particular, the works of TellTaleCities, as well as all or part of the documents given to the principal and which were used to carry out the mandate, must be used exclusively within the limits provided for in the contract defining the mandate and may not be used by the principal for any other purpose. ​

 

3.2 Unless otherwise specified, the scope, duration and geographical radius of use are limited to the first use of the works created by TellTaleCities.

 

3.3 In the event of use outside the scope of the contract, the Client shall obtain the consent of TellTaleCities and agree on a remuneration. ​

 

3.4 The original documents intended for production (archives, notes, cleared documents, electronic data, illustrations, negatives, slides, objects) remain the exclusive property of TellTaleCities and are made available to the client only for the purpose of use for the purpose provided for in the contract. The original documents will be returned to TellTaleCities as soon as they are no longer needed for the defined use. ​

 

3.5 TellTaleCities will receive ten supporting copies in perfect condition (or an appropriate number in the case of works of a large amount) of the works produced, which also applies to reprints.  ​

 

3.6 TellTaleCities is entitled to reproduce its works for its personal documentation (proof of its services) or for publication of its work.

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4 CONTENT RESPONSIBILITIES ​

 

4.1 The Client shall be liable for the manner in which it uses the elements developed by TellTaleCities. In particular, it must fulfil the following obligations: ​

 

4.2 Not to infringe national or international copyright or other protected rights such as the rights of third parties to names or trademarks

 

5 USE OF THE SERVICES BY THIRD PARTIES ​

 

5.1 Rights given to the client in the use of TellTaleCities' services are given only to the client and therefore cannot be passed on to third parties without the explicit permission of TellTaleCities. ​

 

5.2 If TellTaleCities allows the use of its services by third parties, the Principal shall instruct such third parties on the correct use of these services in accordance with these Terms and Conditions. In particular, the Client undertakes to obtain from them that they comply with the requirements of Section 4 of these General Terms and Conditions. The Principal is responsible for any wrongful conduct of the third party in the use of TellTaleCities' services, and it is to the Principal that the wrongful conduct will be attributed. If TellTaleCities refuses to allow the use by third parties, this does not entitle the client to a discount, refund or damages. ​

 

5.3 If the Client becomes aware that third parties are making unlawful use of TellTaleCities' services, or if the Client becomes aware of any facts that give rise to the presumption of such use by third parties, the Principal is obliged to inform TellTaleCities immediately. In such a case, security measures, as well as a termination of services, may be imposed by TellTaleCities in order to resolve the problem and be able to continue to guarantee the reliability and integrity of its services. ​

 

6 COPYRIGHT

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6.1 The copyright to all works created by TellTaleCities (designs, projects, proposals, texts, research topics, conferences and any other form of information sharing) remains at all times the property of TellTaleCities, which has the right to dispose of them freely, in accordance with the Federal Law on Copyright and Related Rights of 9 October 1992. ​

 

6.2 Accordingly, the Client is not entitled to change the design or details of TellTaleCities' works without the express permission of TellTaleCities. ​

 

6.3 TellTaleCities has the right to have its authorship recognized by affixing its name or a distinctive sign to the works created, taking care not to distort the graphic line.

 

​7 FEES ​

 

7.1 According to the rule, the first interview for a design mandate is free of charge. ​

 

7.2 TellTaleCities' fees serve as the basis for the preparation of the estimate and the statement of fees. As a result, Lemon's fees are calculated on the basis of the time spent and the individual hourly rate determined. TellTaleCities will submit a written estimate to the client for its services. Capital gains resulting from changes in the order data will be notified to the client in good time by TellTaleCities. It will provide the justification for this in the final count. ​

 

7.3 Fees are due to TellTaleCities for all or part of the work phases. TellTaleCities draws up the statement(s) on the basis of its fees and/or estimate. ​

 

7.4 In the event of a reduction or cancellation of the order, except in the case of "standard" guided tours cancelled, by e-mail, more than 72 hours before the time and date of the scheduled tour, TellTaleCities is entitled to the fees on the work already carried out, in accordance with the above provisions. TellTaleCities further has the right to: - reimbursement of fees and advances made to third parties; - the apportionment of any other damages resulting from the reduction or cancellation; - to use for other purposes the work carried out up to the time of the cancellation of the order ​

 

8 EXPENSES

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8.1 Travel expenses within the Canton of Geneva or the City of Helsinki are included in the fees stated and are not charged extra. Travel outside the canton of Geneva or the city of Helsinki is charged at CHF/EUR 0.80 per km, depending on the means of transport used, either by public transport, 2nd class full fare or by car. ​

 

8.2 Any technical costs (e.g. photocopying or printing of documents outside our offices, costs for consultation or access to databases, purchase of photographs, including from image banks) will be charged at cost. These fees are kept to an absolute minimum. The principal is consulted on any expenditure. ​ 

 

9 TERMS OF PAYMENT ​

 

9.1 All prices for TellTaleCities' services are agreed in Swiss Francs or Euros. Where applicable, VAT and other public contributions are not included. ​

 

9.2 Depending on the nature of the mandate, the client may be required to pay a deposit equal to or greater than 30% of the value of the order before the start of the work. The balance is invoiced once the work is completed, or in several stages, depending on the progress of the project. 

 

9.3 Apart from guided tours, which must be paid for in advance of the scheduled guided tour, the invoiced amount must be paid by the due date indicated on the invoice at the latest. If not specified, the due date is set to 30 days after the invoice date. ​

 

9.4 If, by the end of the invoice, the Client has neither paid it nor disputed it in writing with an indication and reason, TellTaleCities shall have the right to discontinue its services. ​

 

10 DATA PROTECTION POLICY ​

 

10.1 TellTaleCities endeavours to make legitimate use of the data it receives about its clients within the framework of the statutory provisions. Telltalecities takes into account national and international data protection regulations in this regard. Telltalecities therefore informs its clients about the processing of their data within the framework of the relevant regulations. The Federal Act of 19 June 1992 on Data Protection (FADP) defines data processing as "any operation relating to personal data - regardless of the means and processes used".

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10.2 TellTaleCities reserves the right to pass on the data relating to the client to third parties, including abroad, for the purpose of the statutory fulfilment of the contract. In this case, only the necessary information is transmitted. The data will not be passed on to third parties for marketing purposes. ​

 

10.3 TellTaleCities protects the data of the clients in accordance with the legal requirements. Accordingly, TellTaleCities takes appropriate technical and organisational measures to protect in particular access to data, its storage and collection. ​

 

10.4 The Client has the right to request information about the data processed by TellTaleCities at any time. ​

 

11 CONFIDENTIALITY

 

11.1 TellTaleCities undertakes to carry out the mandate entrusted to it, according to the rules of the trade, with diligence and as close as possible to its professional conscience. ​

 

11.2 TellTaleCities is bound by professional secrecy with regard to all information provided by the client as well as information of which it has become aware in the context of the mandate. ​

 

11.3 The parties undertake to keep confidential information classified as confidential by the parties to the contracting party secret, and in particular not to make it accessible to unauthorised third parties. In particular, the content of the contracts and their annexes is confidential. ​

 

12 LEGAL COMPETENCE​

 

12.1 All legal relationships with TellTaleCities are subject exclusively to Swiss law. The place of jurisdiction is Geneva. ​ 12.2 Should any provisions of the previous General Terms and Conditions prove to be invalid or unenforceable, the remaining provisions shall nevertheless remain valid. In this case, the invalid or unenforceable provisions will be replaced by valid provisions whose economic effects will be as close as possible in legality to what the effects of the invalid provisions would have been.

 

Geneva, January 2024 edition

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