This translation is provided as a courtesy for information purposes only. In case of any divergence from the German version, the German version shall prevail.

1.    Scope

a)    The following general terms and conditions (GTC) apply for all municipalities participating in the CITY CYCLING campaign and associated initiatives and instruments, in particular the RADar! reporting platform.

b)    By confirming participation, the respective town, city, municipality, association of municipalities or rural district/region (hereinafter referred to as the “Municipality”) accepts the GTC. Any general terms and conditions or contractual conditions of the Municipality shall not apply, even if Climate Alliance has not expressly objected to these.

c)    These GTC shall also apply to future renewal periods or new contracts concluded by the Municipality with Climate Alliance, even if the GTC are not expressly referred to again.

2.    Services

a)    Depending on the scope of services booked, the Municipality shall receive access to a variety of information for PR work relating to bicycle traffic, cycle route condition data, cycling data, etc. This shall enable the Municipality to promote cycling locally and to identify shortcomings in its cycling network and take remedial action accordingly, and also provide a reliable basis for (bicycle) traffic planning.

b)    All services are supported with IT via servers within the European Union.

c)    Many of the services offered may be eligible for funding. Climate Alliance shall provide information on known funding opportunities and, as far as information is available, also on whether this funding is still available or has already been exhausted.

d)    Climate Alliance shall publicly announce the partnership with/participation of the Municipality in CITY CYCLING and associated initiatives and instruments.

3.    Obligations of Climate Alliance

a)    Climate Alliance shall review the services booked by the Municipality and activate the Municipality as soon as possible after it has registered and announce the registration publicly.

b)    By providing evaluations of the data transmitted, Climate Alliance, in cooperation with partners, shall enable the Municipality to optimise its cycling infrastructure planning and facilitate improvements.

c)    Climate Alliance shall endeavour to acquire funding for the campaigns or instruments on the national and/or federal state levels in order to make participation more affordable. However, no guarantee can be given of the possibility to obtain funding, unless Climate Alliance expressly makes a binding commitment in the form of written notification of the existence of a funding agreement. The announcements on the website regarding funding opportunities are made according to the respective availability. If it subsequently turns out that, contrary to expectations, a funding opportunity has already been exhausted, the parties shall agree on how to proceed.

d)    Through an intensive partnership with providers, Climate Alliance endeavours to ensure the greatest possible availability of the websites including apps. However, no guarantee can be given that access will be possible at all times. Technically required, plannable downtimes of the web applications (e.g. for maintenance, bug fixing, the transition to a new system, etc.) shall be communicated in advance with due notice. We would like to point out that no software can be entirely error-free. However, Climate Alliance will always check errors it is informed of or detects in cooperation with the providers and prioritise their elimination; disruptions to availability or security are unavoidable in this respect.

e)    The Municipality is solely responsible for the quality of the cycling data collected via the CITY CYCLING and RADar! apps, in particular the question of how many users are participating in the municipality.

4.    Obligations of the Municipality

a)    The Municipality is obliged to make the agreed payments in a timely manner.

b)    To improve and ensure awareness of the campaign, the Municipality is responsible for publicising the campaign via channels other than the announcements made by Climate Alliance. A high level of awareness leads to a high level of participation by users – and thus among others to particularly reliable and meaningful data.

c)    In the event of a delay in invoicing/payment, the statutory default interest shall be payable. In addition, Climate Alliance is entitled to suspend the Municipality’s participation in the services booked in the event of such a delay; this shall not lead to extension of the contractual period by the duration of the suspension period.

5.    Confidentiality and data protection

a)    The parties undertake to maintain confidential all details of the terms of the cooperation insofar as such information is not publicly known or determinable.

b)    The supplementary regulations as published on the corresponding websites apply in addition to the regulations on data protection and the processing of data. Climate Alliance complies with the requirements of the European General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), the Data Protection Act of the State of Hesse (HDSG), and the Saxon Data Protection Law (SächsDSG).

6.    Copyrights and rights to data

a)    The Municipality has no direct claim vis-à-vis Climate Alliance to access the cycling data generated via the CITY CYCLING apps. A separate contract must be reached for this via the RiDE portal (ride-portal.de), which may be subject to fees.

b)    If the Municipality publishes data or findings generated from the data, reference must be made to the involvement of Climate Alliance and/or the RiDE portal insofar as this is possible or appropriate; this also applies to the use of graphs.

c)    Climate Alliance is entitled to process all information for purposes other than climate protection and cycling promotion.

7.    Contractual period

a)    The cooperation always runs for a defined period of time, as confirmed by Climate Alliance after a booking is made.

b)    The cooperation can be extended as often as desired; fees shall then apply in each case as per the list of services in the respective booking or at the time of the extension.

8.    General provisions

a)    Should one or more of the provisions in these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced upon mutual agreement with a valid provision that most closely approximates the economic or legal purpose of the invalid provision.

b)    All modifications and amendments must be made in writing; emails are sufficient for this purpose.

Last updated: 15 March 2023