General Terms and Conditions (GTC)

PREFACE The following conditions apply to all contractual relationships and business relations between the CLIENT (hereinafter referred to as CLIENT) and MALLORCA MOVIES Jirco Lindemann, Germany: Müggenkampstraße 36, 20257 Hamburg / Spain: Cas sa Tortuga, Cami de sa Cala a Son Cabila, 07589 Font de sa Cala, Mallorca, Balearic Islands (hereinafter referred to as CONTRACTOR). Deviating conditions of the client are only effective with our written confirmation. By placing an order, the client acknowledges the following general terms and conditions:

§1 GENERAL The contractor advises the client to the best of his knowledge and belief in the execution of the service contract. The contractor works according to the current state of knowledge and skills available at the time of order placement. The contractor may carry out the work himself, with staff or with subcontractors, under his direction.

§2 ORDER PLACEMENT The contractor may change offers at any time if additional costs become known. An offer becomes binding only after the order has been placed. The order must be placed in writing. Changes and deviations from the original order placement are only possible in written form and require the confirmation of the contractor.

§3 LEADERSHIP The contractor has the leadership for the tasks described in the order. He represents the client to third parties within the framework of the order, directs and organizes the necessary work. In urgent cases and to avert damage, the contractor acts on behalf of the client and may also issue instructions to third parties on behalf of the client.

§4 SCHEDULE The client grants the contractor sufficient time to properly perform each phase of his work. An agreed schedule is not binding if there is a shift in the overall project schedule due to lack of materials/documents, rebriefing, footage, image material or if proper processing cannot occur due to force majeure, and depends on the availability of equipment, actors, speakers, employees, motifs, travel times, licenses, timing shifts or weather conditions.

§5 EXTRAORDINARY SERVICES If special costs arise at the time of order placement that were not foreseeable at the time of order placement, the contractor is entitled, after prior consultation with the client, to register these and invoice them.

§6 COPYRIGHT The copyright and reproduction rights for the layouts, concepts, pitch ideas, image and sound carriers created as part of an order remain with the contractor unless the contractor grants the client written usage rights for the drafted concepts, layouts, and ideas or image and sound carriers, as long as they are appropriately compensated and not used for illegal purposes or purposes that could harm the contractor. In case of non-compliance, the contractor reserves the right to take legal action. For the media purchased in the course of an order (e.g., film footage, audio, graphics, photo), the contractor relies on the copyright and reproduction rights information provided by the service provider (third party) and assumes no liability for these statements.

§7 PUBLICATION RIGHTS The contractor is entitled to publish his own work on the respective project, while respecting the legitimate interests of the client, and to use his own work, as well as excerpts from it, as a reference in all media.

§8 STORAGE With the delivery of the ordered masters, the order is considered completed. The contractor agrees to store all raw tapes and data related to the order for a period of 2 months after the delivery of the masters, however, guarantees for the retrieval in case of technical or electrical errors or problems with the storage media or servers are not provided. Beyond this, there are no rights to delivery or retrieval of the raw tapes or data.

§9 COMPLAINT Statements made by the contractor do not release the client from his duty of supervision; this is especially true for cost estimates, invoices, and processing. Complaints must be made in writing within 14 calendar days after the project's completion. If the client does not exercise this right, the order is considered completed and closed by the contractor after the deadline.

§10 LIABILITY The contractor is liable for careful and proper execution of the order in accordance with recognized rules and the general state of technology. The client may only make claims for damages if the contractor deliberately violates the generally accepted rules in his work or instructions, or if damages are caused by gross negligence in supervision. In the event of a liability claim from the client, it must be made in writing. The contractor must be given the opportunity to rectify the situation. However, the contractor is not liable for disruptions such as force majeure, closure and restriction of operations, network and server errors, viruses, and other possible transmission and line disruptions.

§11 RIGHT OF WITHDRAWAL If the client requests extensions or changes that significantly exceed the planned schedule and scope of work, the contractor has the right to withdraw. In this case, the work performed up to that point and compensation for lost profit are to be compensated. The client may terminate further cooperation if he announces this in writing and in a timely manner. If the client withdraws the order from the contractor and proves culpable behavior, a conciliation process (junta arbitral) involving a representative of the Balearic Government, a consumer protection association representative, and a sector company representative should be initiated if no agreement is reached. In this case, the work done up to that point is due for compensation. Further regulations are reserved to the arbitration court. If the contractor cannot fulfill his work due to illness, unforeseeable and insurmountable difficulties, or force majeure, and also cannot make up for it within a reasonable time, he is only entitled to the work done up to that point. If no agreement is reached, the proceedings will be conducted before the Commercial Court in Palma. The consumer protection authority FACUA, Unió de Consumidors de Mallorca, advises at the Casal dels Consumidors, C/. Indalecio Prieto, 14, Palma Tel.: 971-25 79 91.

§12 DATA PROTECTION All project-related data entrusted to the contractor are treated confidentially and are subject to legal data protection regulations. There is no unauthorized transfer of personal data to third parties.

§13 PAYMENT CONDITIONS At the time of order placement, one third of the invoice amount is due immediately and without deduction; another third at the start of filming or work; the last third within 14 days after invoicing. The contractor reserves the right to take legal action in case of payment delay. All work performed remains in the possession of the contractor until full payment is made.

§14 SUPPLEMENT With the placement of the order or the presentation and/or use of pitch ideas and concepts that have been made by the contractor, especially Jirco Lindemann, or based on his preliminary work, the client/user/customer also accepts all provisions published and visible on the website www.mallorcamovies.com under "Privacy Policies" and GTCs and further agrees that he has read, understood, and checked these. Deviating conditions of the client are only effective with our written confirmation.

§15 PLACE OF PERFORMANCE AND JURISDICTION The place of performance and exclusive jurisdiction is Palma de Mallorca.

§16 FINAL PROVISIONS Should individual provisions become ineffective or be invalidated, this does not affect the legal effectiveness of the remaining provisions of these General Terms and Conditions. Data Protection Note: Please also note our data protection guidelines, which you can access at the bottom of the website via a link.

We look forward to working with you.

Thank you.

Mallorca April 2024