General Terms and Conditions for the online search in the German Emigrant Database
As per November 01, 2007
The following General Terms and Conditions govern the contractual relationship between you as the customer (hereinafter called the Customer) and the Foerderkreis Historisches Museum Bremerhaven e.V. (An der Geeste, D-27570 Bremerhaven; hereinafter called the "Förderkreis") as the sponsor of the German Emigrant Database (hereinafter called DAD) with respect to all services of the DAD.
1. Contracting parties
When a data record from the DAD is acquired, a contract is set up solely between the Customer and the Foerderkreis.
2. Purpose of the contract
The DAD maintains data from passenger manifests of emigrant ships that sailed to ports in the United States of America from Europe. After payment of the purchasing price the Customer acquires a data record (existing data on an emigrant) from the DAD. Several data records may be acquired against payment.
3. Exclusion of liability
The Foerderkreis accepts no liability for the completeness and accuracy of the data. The passenger manifests are historical, handwritten documents whose quality varies. Some passenger manifests have been lost so that the DAD is not complete. Errors may also occur during the transcription of data from the passenger manifests to the DAD as a result of poorly legible, illegible, unclear or ambiguous entries made by the clerks who compiled the passenger manifests, or as a result of damage to the paper. This may also mean that the data records are incomplete.
4. Impairment of the performance of an obligation
The Customer shall not be entitled to reimbursement of the purchasing price if the data record or records acquired contain defects. This shall also apply if faults occur during transmission of the object of purchase due to line faults or other technical impairments of the transfer of the data.
The cost of one data record from the DAD is 15 euros. This price includes statutory VAT.
6. Conclusion of contracts
A contract is concluded for the price stated as soon as the Customer clicks on the "Confirm order" button. With the allocation of a transaction number the Foerderkreis accepts the Customer's order on the basis of the valid General Terms and Conditions. For international Customers the contract of sale is subject to German law. The place of jurisdiction is Bremerhaven.
Payment of data records may be effected by credit card. The financial transaction is settled through an agent acting on behalf of the Foerderkreis. All prices are quoted in euros. The amount will be debited from the credit card as soon as the box in the DAD search portal is clicked. If a credit card is not sufficiently covered, the order shall be deemed null and void from the outset.
The Customer shall receive the selected data record from the DAD by e-mail as a PDF file. A (free) PDF program, e.g. Adobe Reader, is required in order to view and print the PDF file. The Customer may print out the PDF files received. The Customer may view examples of data records in the DAD Internet portal (Sample results). The Foerderkreis shall not accept any liability for the delivery. The Customer shall be responsible for guaranteeing the technical prerequisites for the print-out (latest version of program, working printer etc.).
The Customer shall not be entitled to cancel the payment of the purchasing price after receipt of the data record. The Customer shall not be entitled to revoke the contract of sale.
10. Earmarked income
The Foerderkreis is a registered charity under German law. The Foerderkreis uses the income from the sale of data records to expand the DAD, especially to digitalize further passenger manifests. Donations made to the Foerderkreis for the DAD will be used for the same purpose.