general terms and conditions

Services

1. General

1. Unless otherwise agreed in writing, the following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to all project orders placed with LUNAVERSA GMBH and the related services.
2. For the purposes of these General Terms and Conditions (GTC), a project order is understood to be any oral or written agreement between LUNAVERSA GMBH and a contractual partner regarding the creation of design, content, communication and event solutions of any kind.
3. LUNAVERSA GMBH expressly objects to confirmations of the contractual partner which refer to its own terms and conditions. Deviations from these General Terms and Conditions (GTC) or the terms and conditions of the contractual partner shall only become valid if they have been confirmed in writing by LUNAVERSA GMBH.
4. LUNAVERSA GMBH reserves the right to refuse orders that are not in accordance with its ethical and moral principles or that violate legal regulations.

2. Order

1. A project order becomes effective if the contractual partner accepts the written offer of LUNAVERSA GMBH in writing or verbally within the validity period of the offer (evident on the offer). Through the legally binding project order, LUNAVERSA GMBH is obligated to duly provide the agreed services, while the contractual partner is obligated to make timely payment.

3. Scope of services and obligations of LUNAVERSA GMBH

1. LUNAVERSA GMBH undertakes to fulfill the order in accordance with the written offer and to provide qualified personnel and to involve them in the planning.
2. LUNAVERSA GMBH has fulfilled its contractual obligations if the order has been carried out in accordance with the scope of services specified in the accepted offer and the resulting contractual product has been sent, applied, organized or made available online. The risk in relation to transmission or online availability (e.g. damage, loss or delay, interruptions), regardless of the transmission medium, lies with the contractual partner.
3. LUNAVERSA GMBH shall treat all working documents and files provided by the contractual partner with care, protect them from access by third parties and use them exclusively for processing the respective order including follow-up orders, if necessary.

4. Scope of services and obligations of the contractual partner

1. Unless otherwise agreed, the contractual partner shall be obliged to provide LUNAVERSA GMBH with all documents and contents (plans, visualizations, texts, translations, graphics, photos, data, etc.) required for the fulfillment of the order in digital form and in the required quality.
2. If the contractual partner reduces the order volume specified in the project order by more than 10% or substantially postpones the planned project, both parties shall discuss and agree by mutual consent on an appropriate compensation for the loss of fees incurred by LUNAVERSA GMBH as well as for the resources already used to implement the originally agreed project order.
3. Within the scope of a commissioned project, the contractual partner may only place orders with other agencies, event technicians or service providers after prior consultation and in coordination with LUNAVERSA GMBH.

5. Delivery terms

1. The delivery periods and dates are only binding for LUNAVERSA GMBH if the contractual partner has duly fulfilled its duties to cooperate, for example by procuring documents, releasing information, renting event venues in good time or preparing service catalogues/duty specifications, and if the dates have been confirmed in writing by LUNAVERSA GMBH. LUNAVERSA GMBH is not liable for delays caused by third parties.
2. If LUNAVERSA GMBH is no longer able to meet the delivery dates on time due to a delay on the part of the contractual partner, it reserves the right to set new delivery dates taking into account its own availability.
3. If delays occur on the part of the contractual partner in the delivery of contractually agreed elements that are absolutely necessary for the planned continuation of the work (e.g. feedbacks, content and data exchange), LUNAVERSA GMBH has the right, after a one-time warning, to charge additional costs for already planned but underutilized resources. In such a case previous promises concerning certain dates on the part of LUNAVERSA GMBH are no longer binding and must be agreed upon again. In addition, the contractual partner shall be liable for all further damages incurred as a result of delays attributable to its fault.
4. If LUNAVERSA GMBH is in default with its services, it should first be granted a reasonable period of time to catch up. If this period expires unsuccessfully, the contractual partner has the right to withdraw from the contract in writing.
5. Compensation for damages caused by delay can only be claimed up to the amount of the order value (excluding own services, including advance services and material).

6. Compensation

1. The initial consultation as well as relevant negotiations are free of charge and non-binding for both parties.
2. The remuneration to be paid by the contractual partner is normally specified separately in the project order. If in exceptional cases such an agreement is missing or additional services are added, LUNAVERSA GMBH reserves the right to invoice its services based on the company's own hourly rates and the actual effort.
3. For meetings that take place outside the premises of LUNAVERSA GMBH, expenses will be incurred. The amount of the expenses incurred depends on the distance (in kilometers). The use of public transport is in accordance with the 2nd class tariffs or, in the case of flights, the Business or Business Economy tariffs.
4. The amounts owed are exclusive of statutory value added tax and any expenses incurred. Remuneration shall be paid within 30 days of invoicing without deductions.
5. If LUNAVERSA GMBH participates in a tender procedure (presentation) within the framework of an open or limited tender, it is obliged to inform the potential contractual partner in writing of the amount of the presentation fee, including third-party costs and travel expenses, before accepting the presentation order, provided that no presentation fee is envisaged on the part of the potential contractual partner.
6. The rights of use of presented proposals or parts thereof shall remain with LUNAVERSA GMBH. The potential contractual partner may only use these with the express consent of LUNAVERSA GMBH and only after the agreed remuneration has been paid in full and on time.
   If proposals of a participant are implemented, the agreed and/or paid presentation fee will be appropriately credited.
7. Persons or organizations who award work in violation of the agreed award rules, provide incorrect information about cost-forming or concept-relevant factors, use offers or preliminary studies for other purposes or pass on detailed specifications in order to obtain competing offers shall be liable for any damages incurred.
8. Invoicing shall take place in accordance with the plan agreed separately in the project order. If no such plan exists, LUNAVERSA GMBH shall be entitled to invoice the services rendered after each project phase.
9. LUNAVERSA GMBH is entitled to invoice partial payments after approval of the offer.
10. In the event of late payment, LUNAVERSA GMBH is entitled to demand reminder fees from the due date. It is expressly pointed out that the assertion of further damage remains reserved. If LUNAVERSA GMBH detects payment difficulties on the part of the contractual partner or if there is a significant deterioration in the economic circumstances of the contractual partner, LUNAVERSA reserves the right to make the further provision of services dependent on advance payments or securities or to discontinue them completely. It should be noted that the payment claim, including the omitted performance, nevertheless remains.

7. Warranty

1. LUNAVERSA GMBH undertakes to exercise the necessary care in rendering the services agreed upon within the scope of the project order and to use qualified and carefully trained employees.
2. After completion of the project and receipt of the project result, the contractual partner shall be obliged to check it immediately and to notify LUNAVERSA GMBH of any defects immediately in writing with a detailed description (proper defect check). At the latest with the live production/realization or other use of the project result it is considered as approved and accepted. For defects that were not recognizable during the proper defect inspection, a warranty claim exists for a period of 3 months from delivery of the project result, provided that the defect is reported immediately after discovery.
3. LUNAVERSA GMBH has the right and the obligation to remedy defects covered by the warranty by repeated rectification and to achieve the agreed quality. Further claims of the contractual partner, including claims for withdrawal, reduction or damages, are expressly excluded to the extent permitted by law.
4. The contractual liability of LUNAVERSA GMBH for defects shall be limited to the scope of the order fee or the remuneration for the work. Any further contractual liability is excluded, provided that no mandatory statutory provisions are opposed.
5. The contractual partner shall bear sole responsibility for the content, quality and accuracy of the content and data provided by it and used by LUNAVERSA GMBH in the project. The contractual partner guarantees that the content and information neither directly nor indirectly (in particular by linking to other content and platforms) violate the rights of third parties, including copyrights, name rights, personality rights, data protection rights or trademark rights and do not constitute violations of other legal provisions (such as lottery, casino, criminal, medicinal products, alcohol, food laws, etc.) and principles (such as the principles of the Fair Trading Commission) of Switzerland or, in the case of international orders, the country of execution.
6. If a third party legitimately asserts claims for infringement of rights which were known or recognizable to one of the contracting parties, the contracting party concerned shall indemnify the other contracting party against the costs arising therefrom.
7. The contracting parties undertake to obtain factors in the event of lawsuits or other claims by third parties.

8. Liability

1. LUNAVERSA GMBH shall be liable exclusively for defects for which it is demonstrably responsible and which were reported in good time.
2. The liability of LUNAVERSA GMBH for damages in connection with the project order, regardless of the legal basis, is limited to intent or gross negligence. The liability for auxiliary persons is limited to intent. LUNAVERSA GMBH is not liable for indirect damages, including lost sales or profit or other consequential damages. In any case, liability is limited to the damages that LUNAVERSA GMBH could reasonably expect to occur at the time of the conclusion of the contract.
3. LUNAVERSA GMBH shall not be liable for defects that are within the tolerances customary in the industry, such as deviations in color and dimensions, power failures etc.
4. The liability of LUNAVERSA GMBH for the loss of documents and data is limited to gross negligence and does not apply to cases of force majeure. Liability is limited to the material value at the time of loss.
5. The contractual partner shall be liable to LUNAVERSA GMBH for damages resulting from defects, delays or non-fulfillment of its obligations in connection with the delivery of "Content and Data" or other contractual obligations.
6. The risk of the legal admissibility of the implementation or realization of the product/event developed by LUNAVERSA GMBH lies with the contractual partner. This applies in particular in the event that the implementation of the product/event or the product/event itself violates competition, copyright or special advertising laws. However, LUNAVERSA GMBH is obliged to point out known legal risks.
7. In all other cases, the contracting party shall be exclusively liable for damage caused by force majeure.
8. LUNAVERSA GMBH is not liable for the non-achievement of the goals set by the client.

9. Rights of use and copyrights

1. With complete payment of the agreed upon remuneration the contracting partner acquires, if not differently noted, the works individually provided by LUNAVERSA GMBH in the context of the respective order as well as the rights of use for the agreed upon extent and the agreed upon duration.
2. Rights of use to works which have not yet been paid for at the end of the contract shall remain with LUNAVERSA GMBH subject to reservation and, if they have already been transferred to the contractual partner, must be transferred back to LUNAVERSA GMBH by the latter.
3. Unless otherwise agreed, the rights of use apply only to Switzerland.
4. Further use or processing of the development materials (e.g. image material, source code, etc.) during and after the end of the contract or outside of the project by the contractual partner is not intended without explicit written agreement. In particular, LUNAVERSA GMBH is not obliged to provide the contractual partner with files, source files or layouts created on the computer. If the contractual partner wishes the surrender of the computer data or source data, this must be separately agreed and remunerated. If LUNAVERSA GMBH has provided the contractual partner with computer files, these may only be changed with the prior consent of LUNAVERSA GMBH.
5. At generic works (typically software libraries developed by LUNAVERSA GMBH itself such as compression, image resizing or XML parsing libraries), which are brought into the project by LUNAVERSA GMBH and named, the contractual partner receives a simple right of use for the defined purpose after complete payment of the agreed remuneration. These generic works can be used freely by LUNAVERSA GMBH.
6. The contractual partner can assume that the works delivered by LUNAVERSA GMBH are free of third party rights, unless otherwise communicated in advance.
7. LUNAVERSA GMBH shall be granted the right to use and process the contents and data supplied by the contractual partner for the purpose and use defined within the scope of the project. All rights to products created on this basis by LUNAVERSA GMBH remain with the contractual partner.

10. Protection of interests/confidentiality

1. Both LUNAVERSA GMBH and the contractual partner undertake to keep the information and documents received in mutual contact secret, not to pass them on to third parties either in part or in full, to make them accessible or to use them for third parties. Deviating regulations in the contract, in the GTC or other non-disclosure agreements remain reserved.
2. Employees and third parties involved in the process must be informed of the confidentiality obligation and involved accordingly.
3. The confidentiality obligation applies from the time of the first contact and remains in force beyond the duration of any cooperation.
4. In the event of a breach of the duty of confidentiality, a contractual penalty of CHF 10,000 shall be due for each act of breach. Further claims for damages remain reserved.
5. Communications released by the Contractor for use in the public domain are not considered confidential.
6. The contractual partner is also obligated to protect business and trade secrets of LUNAVERSA GMBH, in particular ideas and concepts that were disclosed during the development phase or the cooperation.
7. The contractual partner agrees that anonymized end user data (including tracking data) relating to usage behavior may be stored by LUNAVERSA GMBH insofar as this is necessary for the fulfillment of the contract or the provision of advice to the contractual partner. The collected data may also be used by LUNAVERSA GMBH for consulting purposes of its customers, self-promotion and market research. LUNAVERSA GMBH will not pass on this data to third parties without the consent of the contractual partner or legal or official obligations.
8. After completion of the order or in the event of premature termination, confidential information shall be returned to LUNAVERSA GMBH without being requested to do so and - if stored on its own systems - deleted or destroyed.

11. Self-promotion

1. After the project order has become legally effective, LUNAVERSA GMBH may report on the project with the contractual partner as part of its marketing communication. This can be done, for example, on reference lists, on the website www.lunaversa.com, in its own social media presences, during personal presentations and as part of press releases. LUNAVERSA GMBH may also submit completed projects to industry competitions (awards). In the case of a press release, it will be submitted to the contract partner in advance for review. However, any advertising and public communication must comply with the principles of truth and clarity. In the case of web/mobile sites or mobile apps, LUNAVERSA GMBH will be mentioned and linked in the imprint. The manner of presentation will be defined together with the contractual partner.

12. Media planning and media execution

1. In the case of commissioned projects in the area of media planning, LUNAVERSA GMBH procures the corresponding services to the best of its knowledge and belief on the basis of the media documents available to it and generally accessible market research data. LUNAVERSA GMBH does not owe the contractual partner a certain advertising success through these services, unless this was regulated by a well-founded analysis in the area of display or response advertising and a binding performance forecast. In this case, the respective individual agreements shall apply on a campaign basis.
2. In the case of extensive media services, it is possible, after consultation with LUNAVERSA GMBH, to invoice the contractual partner for a certain proportion of the third-party costs and to make the booking with the corresponding media only after receipt of payment. In addition, a handling fee will be charged. LUNAVERSA GMBH is not liable for the non-observance of a switching date due to late receipt of payment. This does not result in a claim for damages of the contractual partner against LUNAVERSA GMBH.
3. In the case of bookings in third-party networks or partner-publisher networks (affiliate programs, etc.), the provisions and general terms and conditions of these networks apply. In this context, LUNAVERSA GMBH cannot be held liable for incorrect bookings or claims for damages.

13. Termination of the collaboration

1. Individual orders end with their fulfillment.
2. Contracts in a permanent relationship can be terminated by either party with six months' notice to the end of a calendar month. In this case, all expenses (fixed costs, fees, etc.) that are normally charged or can be charged up to the ordinary termination of the contract shall be settled. Deviating regulations may be stipulated in the contract.
3. Either party is entitled to withdraw from the contract if the other party enters into a composition agreement, files for protection from creditors or if bankruptcy proceedings are instituted against it.

14. Contract amendment

1. Changes or additions to the contract are only valid if they are agreed in writing.
2. Should individual provisions of these GTC or the contract be invalid or illegal, the validity of the contract shall remain unaffected in case of doubt. In this case, the provision in question shall be replaced by a valid and, if possible, equivalent provision. The same shall apply in the event of a gap in the contract.

15. Final provisions

1. These GTC as well as all project orders or other transactions with LUNAVERSA GMBH shall be governed exclusively by Swiss law, excluding the provisions of international private law.
2. All disputes arising from these GTC and the project orders or other transactions on which they are based shall be subject to the exclusive jurisdiction of the competent courts in Bern, subject to the statutory remedies.
3. Amendments or supplements to these GTC (including this provision) as well as collateral agreements must be made in writing.

Rentals

1. General

1. These General Terms and Conditions for Rental (hereinafter referred to as GTC for Rental) shall apply to rental agreements between LUNAVERSA GMBH AG (hereinafter referred to as LUNAVERSA GMBH) as lessor and its customers as lessees.

2. Validity

1. The present GTC for rental are a binding part of all rental agreements as well as rental offers between LUNAVERSA GMBH as lessor and its customers as lessee. Any terms and conditions of business of the hirer that conflict with or deviate from these GTC for hire shall only be effective if they are expressly acknowledged by LUNAVERSA GMBH in writing. Agreements deviating from or supplementing these GTC for rental must be made in writing. These General Terms and Conditions for Rental shall also apply to future offers and contracts within the scope of the business relationship with the Lessee, even if they are not agreed upon again. Should individual provisions of these General Terms and Conditions for Rental be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid one that comes closest to its meaning and purpose.

3. Conclusion of contract

1. The offers of LUNAVERSA GMBH are subject to change (application without obligation). Declarations of acceptance and orders by the renter require written confirmation by LUNAVERSA GMBH to be legally effective. Confirmation by fax or e-mail is permissible. The contract between LUNAVERSA GMBH and the hirer is concluded as soon as the hirer has received the written confirmation from LUNAVERSA GMBH stating that it accepts the hirer's order. Otherwise, the contract shall be concluded at the latest when the rented item is handed over against a corresponding receipt, which in this case shall have the function of a confirmation.

4. Rental object

1. The subject of the rental contract are the individual devices and equipment for rent listed in the confirmation or in the receipt. LUNAVERSA GMBH reserves the right to replace the equipment mentioned therein by functionally identical, other equipment. The rented equipment may only be used by the renter by suitable and capable operating personnel, for the intended use and with due care. The Lessee shall strictly comply with the operating instructions and safety regulations. The leased property shall be kept in a locked or guarded environment at the Lessee's expense during the entire lease term. The lessee undertakes to treat the items with care and to return them in perfect, cleaned and sorted condition in their entirety. Obtaining the necessary permits and concessions, etc., as well as assuming the associated costs are the responsibility of the tenant.

5. Rental period

1. The rental period is agreed in advance in writing. The rental period is calculated by days (12 noon to 12 noon the following day). Started days count in full. The minimum rental period is one day. The rental period begins with the agreed day of provision or the time of delivery from the Lessor's warehouse and ends at the time of return to the warehouse agreed in the confirmation or on the receipt. If the duration agreed therein is exceeded, the effectively longer duration shall be considered as the relevant rental period.

6. Rental price and terms of payment

1. The rental price is based on the price list valid at the time of the conclusion of the contract. The rental charge is payable irrespective of whether the equipment has actually been used. Early return of the equipment does not result in a reduction of the rental fee. Unless otherwise agreed, all prices are net plus VAT ex warehouse of LUNAVERSA GMBH. Costs for transport and expenses shall be borne by the renter. Costs for electricity, dedicated lines, etc. are to be borne by the renter. Payment is to be made according to the invoice. The invoice amounts are due net within 10 days of the invoice date. After expiration of this period, the tenant is in default without reminder. LUNAVERSA GMBH may charge interest on arrears after expiry of this period in the amount of the amount of 5%. In case of default of payment by the lessee, outstanding invoice amounts of the lessee shall become due for payment immediately. Delivery to new customers is made step by step against payment or cash on delivery without deduction. In the event of use beyond the agreed time, the hirer shall pay for each day that has elapsed in accordance with the daily rates agreed for the rental. LUNAVERSA GMBH may charge a deposit in the amount of the replacement value of the rental object upon conclusion of the contract. The deposit will be returned to the renter immediately after the renter has met his financial obligations unconditionally and in full. The deposit is non-interest bearing. The prices are in principle in Swiss francs. If the parties agree on prices in currencies other than Swiss francs, LUNAVERSA GMBH shall be entitled to adjust the prices on the basis of the current exchange rates until invoicing.

7. Transfer of risk and delivery

1. Unless otherwise agreed, the delivery and return transport of the rented items shall be carried out by the hirer. Any delivery shall be made by LUNAVERSA GMBH or a commissioned carrier ex warehouse Bern, at the expense and risk of the hirer. The risk shall pass to the hirer when the goods are available for dispatch. If LUNAVERSA GMBH carries out the transport with its own means of transport, the risk shall pass to the hirer when the goods are available before loading in the warehouse of LUNAVERSA GMBH. The delivery date shall be deemed to have been met as soon as the consignment is available for dispatch. LUNAVERSA GMBH is not liable for damage caused by transport. The costs of transport insurance taken out by LUNAVERSA GMBH at the hirer's request shall be borne by the hirer. The hirer shall inspect the hired item immediately on acceptance for transport or other damage and report any transport damage or defects immediately to the carrier or make a claim in writing to LUNAVERSA GMBH, otherwise the hired item shall be deemed to be in perfect condition.
2. In the event of damage in transit, LUNAVERSA GMBH shall take care of the settlement with the transport insurance, if any, and shall send the hirer its payment. LUNAVERSA GMBH shall be entitled to make a settlement with its own claims against the hirer. If damage to the equipment occurs during transport by the hirer or during the other rental period, this must also be reported to LUNAVERSA GMBH immediately, i.e. within one day.

8. Liability of the tenant

1. The tenant is liable for any damage to or defect in the rental object which was not reported at the time of takeover. He shall also be liable for loss or destruction of the rented item. In such cases, the hirer shall owe LUNAVERSA GMBH not only the full replacement or restoration value but also any further damage incurred by LUNAVERSA GMBH. In the event of theft or loss, the hirer is obliged to have a police report drawn up.
   If the rental object is returned after the agreed time, the hirer shall be liable to LUNAVERSA GMBH not only for the corresponding rental price but also for any further damage. By taking back the rental object, LUNAVERSA GMBH does not confirm that it has been returned without defects. LUNAVERSA GMBH expressly reserves the right to inspect the rental object in detail and to make subsequent charges for any damage caused by the hirer. The hirer undertakes to indemnify LUNAVERSA GMBH against all claims made by third parties against LUNAVERSA GMBH on the grounds of or in connection with the hire of equipment. LUNAVERSA GMBH's claim for indemnification against the hirer shall also include the costs incurred by LUNAVERSA GMBH for the defence against third party claims.

9. Liability of the owner

1. Complaints by the hirer on the occasion of the handover of the hire item with regard to completeness, damage, proper condition shall be remedied by LUNAVERSA GMBH, if justified, by rectification or replacement delivery at its own discretion. LUNAVERSA GMBH has the right to repair several times. If LUNAVERSA GMBH's attempts at repair fail and no replacement is available, the hirer shall not owe any hire charge. There shall be no further liability on the part of LUNAVERSA GMBH in the event of delayed performance or non-performance or for material damage, personal injury or financial loss which may result from the use of the rental. All other claims for damages by the hirer against LUNAVERSA GMBH are also excluded, irrespective of the legal grounds.

10. Repair and maintenance

1. As far as the cleaning or repairs required for ordinary maintenance pursuant to Art. 259 of the Swiss Code of Obligations are concerned, the tenant is obliged to properly maintain, service and repair the rented property at his own expense during the term of the contract. Such maintenance or repair work on the rental object may only be carried out by LUNAVERSA GMBH or a third party designated by it. In any case, all maintenance work which becomes necessary as a result of lack of care or improper use by the hirer shall be borne by the hirer in accordance with the liability provision in clause 8. The burden of proof that the necessity of the repair is not due to the fault of the tenant lies with the tenant.

11. Subletting and assignment

1. The tenant is prohibited from assigning the tenancy to third parties or subletting the rented property.

12. Insurance

1. The conclusion of transport insurance is governed by clause 6, paragraph 6. In addition, it is the hirer's responsibility to insure the equipment including accessories against other risks such as theft, damage by third parties, fire, water and other natural hazards at his own expense. Upon conclusion of the rental contract, the hirer shall assign to LUNAVERSA GMBH all claims arising from the aforementioned insurance contracts as well as claims against any damaging parties and their insurers. The latter hereby accepts the assignment.

13. Alteration of the rented property

1. The tenant is prohibited from making or allowing changes to be made to the rented item. In particular, he is prohibited from covering, changing or removing advertising or company lettering attached to the rental object by LUNAVERSA GMBH.

14. Offsetting, retention

1. The hirer is not entitled to set off any counterclaims against claims of LUNAVERSA GMBH. Any right of retention on the part of the hirer is excluded in its entirety.

15. Return of the rental object

1. The rental object is to be returned to the lessor immediately after the end of the contract at the agreed time and place. Costs incurred by LUNAVERSA GMBH as a result of exceeding the rental period, e.g. working time, loss of profit, replacement procurement etc., shall be borne by the hirer. This shall also and in particular apply to individual parts of an entire rental object if the rental period is exceeded.

16. Withdrawal of the tenant

1. If the hirer withdraws from the rental contract for any reason despite confirmation before the start of the rental period, the following costs will be incurred:
   - 25% cancellation fee of the total rental price is due in the event of cancellation 60 days or more before the agreed start of the rental period.
   - 50% cancellation fee of the total rental price is due in the event of cancellation 30 days or more before the agreed start of the rental period.
   - 100% cancellation compensation of the total amount is due in the event of cancellation from 7 days before the agreed start of the rental period.
   - All organisational and planning costs incurred up to the time of cancellation or which arise as a result of the cancellation. These also include, in particular, compensation for failure on the part of our subcontractors.

17. Applicable law and place of jurisdiction

1. Swiss law is applicable. The place of jurisdiction for all disputes arising between LUNAVERSA GMBH and the hirer shall be the ordinary courts having local and subject-matter jurisdiction at the place of business of LUNAVERSA GMBH. LUNAVERSA GMBH shall also be entitled to call upon another court having jurisdiction over the hirer.