1.1 The services that can be purchased or used by business owners as natural or legal persons ("dealers") on the website www.autoscout24.de and on the mobile applications ("apps") operated by AutoScout24 (together the "offer") are subject to the following General Terms and Conditions and the provisions of the service package selected by the dealer, as well as the Code for Vehicle Trading on the Internet, the Ad Design Requirements and our notes on the Privacy. For private advertisers as defined by §13 BGB (German Civil Code), only the consumer terms and conditions apply. These services are provided by AutoScout24 GmbH ("AutoScout24"), Tölzer Straße 16, 82031 Grünwald, Germany, represented by its management.

1.2 Special agreements and ancillary agreements made prior to the conclusion of the contract shall only become part of the contract if AutoScout24 expressly confirms them again in writing. Verbal subsidiary agreements have not been made. Conflicting terms and conditions of the dealer are hereby expressly rejected.

2.1 The AutoScout24 service enables dealers to market vehicles and to purchase or offer other related services, including those of third parties. The scope of the respective services agreed with the dealer as well as the relevant fees depend on the service package selected by the dealer and the respective service description.

2.2 The use of the offers by the dealer is only permitted to the extent defined in these GTC (section 3) and, if applicable, to the extent defined in the service package.

2.3 AutoScout24 reserves the right to make changes to the design, presentation forms and functionalities of the website, the database and its other services if there is a valid reason for doing so and no additional costs arise for the dealer as a result of the change. A valid reason is the adaptation to legal requirements, new technologies or technical environments, changes in the user numbers or end devices and the current state of development.

2.4 Insofar as AutoScout24 offers services in the area of call statistics or call management or call tracking, for which the dealer is provided with a virtual telephone number, AutoScout24 does not provide telecommunications services. Through AutoScout24, the dealer is allocated a virtual telephone number by a telecommunications service provider, which is visible through publication on the pages operated by the dealer on AutoScout24 and enables the compilation of statistics on telephone contacts.

2.5 If the dealer allows him-/herself to be rated by users within the framework of the rating option provided by AutoScout24 for services provided, the user/customer contact shall be deemed to have taken place with the first contact by the user. The dealer is free to prove that no such contact has actually taken place.

2.6 AutoScout24 neither acts as an intermediary, buyer nor seller and does not represent the buyer or seller of the vehicles listed by users or dealers. Within the framework of the AutoScout24 Smyle online purchase, AutoScout24 itself offers vehicles for sale. The vehicles offered by AutoScout24 itself are expressly identified as such in the advertisements.

2.7 The advertisements posted by dealers are published and advertised by AutoScout24 itself as well as by third parties. The advertisements are published and advertised by integrating the advertisements or their excerpts in e-mails, on other websites, platforms, in social networks, in other apps, or in print and television advertising campaigns in order to increase the range of the services offered. In addition, third parties may also advertise their offers via the services of AutoScout24.

2.8 Users of AutoScout24's services have the option of sorting and filtering search results from the database according to various criteria. In the standard sorting ("Best Results"), the main criteria for the order of the advertisements are, among other things, location of the advertisement, availability, condition of the vehicle, vehicle price, number of previous owners, fuel, mileage, equipment, colour, make and model. These criteria are weighted based on any selected search criteria and the user’s previous detail page views. As a result, search results that best match the user's search query and previously viewed listings, and are therefore most relevant to the user, are displayed at the top. However, depending on the service package selected by the dealer (and other paid optional services for dealers and consumers), individual advertisements may be displayed higher. The user can choose a different sorting or new filter options at any time.

2.9 Users also have the option of sorting by leasing offers in the search criteria. When sorting all leasing offers, in addition to the main parameters mentioned above, the parameters leasing factor and monthly leasing rate are taken into account.

2.10 AutoScout24 itself posts advertisements as part of the AutoScout24 Smyle online purchase. Users have the option of filtering for these online purchase advertisements in the search criteria, as well as searching for advertisements of the AutoScout24 Smyle online purchase in a separate section. When sorting the search results for the user, advertisements of the AutoScout24 Smyle online purchase are treated identically to those of the dealers.

3.1 When dealers and consumers use AutoScout24's services, AutoScout24 receives access to personal and other data (e.g. company data, contact details, data of the advertised vehicles incl. vehicle identification number (VIN), duration of the advertisement). This data is either made available to AutoScout24 by the dealers or consumers for the use of these services by input or other transmission or is generated by AutoScout24 in the course of using these services (e.g. analyses, evaluations, communication between parties involved). In addition, the dealer has the option of transmitting the data required for an advertisement to AutoScout24 using software solutions or programs offered specifically for this purpose (further information can be found here: AutoScout24 API.)

3.2 In the user account, the dealer receives access to data he transmitted (e.g. contact details, data of advertised vehicles, company data). By e-mail, the dealer receives access to further data required for the provision and use of the AutoScout24 service (e.g. contact details and messages from interested parties, data of advertisements, reviews). The transmission of individual data may also be conducted via a technical interface. When booking certain service packages, the dealer also receives access to aggregated data (e.g. number of calls, number of contact requests).

3.3 The personal and other data which dealers or consumers provide for the use of AutoScout24's services or which are generated in the course of the provision and use of these services will only be passed on to third parties if this is necessary for the provision of the services or if AutoScout24 is authorized to do so by contract (e.g. for the purpose of contract processing and provision of services), by law (e.g. due to requests from public authorities) or on the basis of an effective consent (e.g. marketing and advertising measures).

3.4 AutoScout24 deletes or anonymizes the personal data as soon as it is no longer required for the purposes for which it was processed. The actual retention period depends on the specific type of use:

• If the user has not registered with AutoScout24, his personal data will be stored for the duration of the use of the offer plus a period of up to 14 days by retaining backup copies after deletion, provided that this data is not required for a longer period due to criminal prosecution or for the safeguarding, assertion or enforcement of legal claims.
• If the user has registered with AutoScout24, his personal data will be stored for the duration of his registration and will be deleted as soon as the user deletes his user account. However, AutoScout24 retains backup copies of the data for a period of up to 14 days after the deletion of the user account before these are also permanently deleted.

If AutoScout24 has received consent to the process the data (e.g. for the purpose of advertising use, including the associated profiling), AutoScout24 will store the data until the consent is revoked. If AutoScout24 is required to retain data for legal reasons, further processing of the data concerned will be restricted instead of being deleted.

3.5 Further information on data processing can be found in the Information on data protection.

3.6 The use of AutoScout24's services does not affect the ownership and control of the dealer's intellectual property rights. At the time of transmission to AutoScout24, the dealer grants AutoScout24 and its affiliates the following non-exclusive, transferable, sublicensable, temporally and geographically unlimited rights to the transmitted content, insofar as this is necessary for the performance of the contractual relationship by AutoScout24 and to the extent that the scope of the granting of rights is not expressly regulated otherwise for a respective service package:

• archiving and database law, i.e. the right to archive the content in any form and, in particular, to record it digitally, to store it in databases and to store it on all known storage media and on any data carriers and to combine it with other works or parts of works;
• the right of reproduction and distribution, i.e. the right to store, reproduce and distribute the content in whole or in part in electronic or other media (e.g. internet, newspapers, magazines);
• the right to edit, i.e. the right to edit the content as desired, in particular to change, shorten, supplement and combine it with other content (e.g. to change formats and resolutions, to add image components, to present it in a different context, etc.);
• the right of communication to the public, i.e. the right to reproduce the content in immaterial form, in particular by making the content publicly accessible in any media (in particular websites and apps), regardless of the technology used and the method of transmission; and
• the authorization to use the content stored in the database in compliance with data protection regulations for the purpose of analysis, further development of the platform, product development and marketing as well as for advertising the offers and services to the aforementioned extent.

In particular, AutoScout24 is also permitted to have the aforementioned actions carried out by third parties.

3.7 Deviations from this, in particular extended rights of use, may be agreed within the framework of the service package used by the dealer in each case. In the absence of an express regulation, AutoScout24 does not adopt the content of the dealer as its own. The dealer warrants that rights are transferred or granted to the extent necessary for the performance of the contract.

3.8 All content made available in AutoScout24's offer (e.g. texts, advertisements) or distinctive signs (trademarks, company names, logos) may be subject to property rights of AutoScout24 or third-party licensors, in particular under copyright, trademark and/or competition law. Only to the extent that this is absolutely necessary for the dealer to make use of AutoScout24's offers in accordance with the contract, shall the dealer receive a non-exclusive, non-transferable right, limited in time to the duration of the agreement, without the right to sublicense, to use the respective content and features to the appropriate extent. Any use beyond the purpose of the contract that is not permitted by law constitutes misuse and will be prosecuted by AutoScout24 under civil law and, if necessary, under criminal law. In particular, misuse is considered to be

• the automated querying of the database by means of software, or
• copying the contents of the database (individually or as a whole) and making them available on other websites or in other media unless they are also content of the dealer.

The dealer expressly undertakes to refrain from any misuse. The dealer acknowledges that this obligation also applies to all content of other dealers, or third parties made available in the offer.

3.9 Insofar as software solutions or programs ("software") have been made available to the dealer by AutoScout24 and/or third parties in the course of the execution of the agreement, the dealer hereby receives a non-exclusive, non-transferable right, limited in time to the duration of the agreement to use the software, but no later than the end of the contract term, to use the software on a single hardware unit used by the dealer. The dealer is not entitled to sublicense but use by branch operations of the dealer is permitted. The dealer is not entitled to reproduce, decompile or reverse engineer the software or any part thereof, except as permitted by copyright law. The rights of use granted above shall terminate at the end of the agreement for the use of the software or at the latest at the end of the contract period, without the need for further explanation. In the event of physical transfer, the dealer is obliged to return the Software together with any backup copies to AutoScout24 at the end of the contract or to confirm the deletion to AutoScout24 in writing.

3.10 In the event of culpable infringement of the rights specified in Sections 3.8 and 3.9, the dealer undertakes to pay AutoScout24 a contractual penalty to be determined at AutoScout24's equitable discretion, which may be reviewed by the competent court for its appropriateness. The right to claim further damages is reserved. The contractual penalty will be offset against any claim for damages.

4.1 In order to use the services, the dealer must register. Registration is only permitted for legal entities and natural persons with unlimited legal capacity. The person registering on behalf of a legal entity must be authorized to enter into appropriate contracts.

4.2 The dealer undertakes to provide truthful and complete information on the data requested during registration. The dealer undertakes to communicate any changes to the data provided without undue delay. As part of the registration and the ongoing contractual relationship, the dealer is obligated to submit or update an excerpt from the commercial register and/or trade register as well as other documents and evidence that appear necessary or expedient for the conclusion of the contract or the maintenance of the contractual relationship.

4.3 By sending the registration data to AutoScout24, an offer to conclude a contract is made to AutoScout24.

4.4 AutoScout24 shall decide on the acceptance of the offer at its sole discretion. If AutoScout24 does not confirm the registration within a reasonable period of time by e-mail to the e-mail address provided by the dealer, the dealer is no longer bound by its offer. Upon confirmation of the offer by AutoScout24, a contract between the dealer and AutoScout24 is concluded.

4.5 Section 312i (1) sentence 1 nos. 1 to 3 and sentence 2 of the German Civil Code does not apply to contracts concluded between entrepreneurs in the context of electronic commerce.

4.6 Only one registration is permitted per dealer. If a dealer maintains several branches, each branch must be registered separately. Registration with AutoScout24 is non-transferable.

4.7 Registration requires a username and password. The dealer undertakes not to disclose the password even when if requested to do so. AutoScout24 points out that AutoScout24 employees are not entitled to ask the dealer for his password.

4.8 The dealer is liable for damages resulting from third parties obtaining his password because of his negligent or intentional conduct. If his password has been stolen or if he becomes aware that his password is being used unlawfully by third parties, AutoScout24 must be notified immediately by e-mail.

5.1 The basic price for AutoScout24's services is based on the contractually agreed service package. If the dealer makes use of more services than contractually agreed in the service package, AutoScout24 will charge the dealer for these services in accordance with the general price list valid at the time of the service, unless other prices have been agreed in the individual contract.

5.2 AutoScout24 is entitled to increase the prices of one or more agreed service packages by up to five percent (5%) once a calendar year.

5.3 Dealers will be notified of price adjustments that are to take effect during the term of the contract 4 weeks before their entry into force. In the event of price adjustments that are outside the scope of the price adjustment agreed in Section 5.2, the dealer has the right to terminate the contract extraordinarily up to and with effect from the date on which the price increase comes into effect.

5.4 If the dealer does not make use of the aforementioned right of termination or if the dealer takes an unambiguous confirmatory action after a price adjustment pursuant to Section 5.3 has come into effect, in particular by continuing to use the offer of AutoScout24 by posting further offers or advertisements, this constitutes a declaration of consent to the price change. These legal consequences are pointed out in the price adjustment notice. A lack of notice does not prevent it from taking effect.

6.1 Unless otherwise agreed in individual cases, AutoScout24 invoices its services on a monthly basis in electronic form. This is done by sending or notifying you for download. The invoice amount is collected by direct debit.

6.2 The dealer is in default if the invoice amount is not paid within 14 days of receipt of the invoice. In the event of default, AutoScout24 is entitled to demand default interest in accordance with the statutory provisions.

7.1 The duration of the contract and notice periods are governed by the regulations of the respective service package. In the absence of such a regulation, the contract shall be concluded for an indefinite period of time and shall be subject to mutual ordinary right of termination with a notice period of one month to the end of the month. AutoScout24 reserves the right to adjust the start date of the contract if it is not possible to provide the selected service package on the originally agreed start date. In the case of contracts with a minimum term, the term shall be extended accordingly. If a contract with a minimum term is not terminated at the end of the last month of the minimum term, the contract shall, in case of doubt, continue as an open-ended contract. The normal notice period of one month to the end of the month then applies.

7.2 The right to extraordinary termination remains unaffected. AutoScout24 is entitled to an extraordinary right of termination in particular:

• if the dealer repeatedly violates central provisions of these GTC or fails to comply with main performance obligations under the contract and fails to remedy such violation within a period of 10 working days despite a written warning. The "central provisions" of these GTC in the aforementioned sense include, in particular:
  • Sections 3.6 to 3.9 (the obligation to grant AutoScout24 certain unencumbered rights and the obligation to use AutoScout24's services only to the extent permitted),
  • Section 4.2 (the obligation to provide truthful information),
  • Section 4.7 (the prohibition of making the assigned password accessible to third parties),
  • Section 8.2 (the obligation to comply with the Ad Design Requirements and not to post any illegal content);
• if the dealer is in default of payment for more than 30 days or unjustifiably objects to direct debits;
• if the dealer becomes insolvent (e.g. fails to meet payroll or supplier obligations) or is over-indebted.

7.3 In the event of changes to the GTC, the dealer may exercise the extraordinary right of termination described in Section 14.2.

7.4 Notices of termination must be in writing to be effective.

7.5 After termination of the contractual relationship, AutoScout24 retains access to the transmitted information, in particular to the transmitted content in accordance with the granting of rights pursuant to Section 3.6, as well as to the information generated. Further information on data processing can be found in the notes on the Privacy.

8.1 The dealer itself is responsible for the content he posts. AutoScout24 is merely a technical service provider and as such does not act as an intermediary or representative of the dealer or otherwise in any way on his behalf.

8.2 When posting advertisements, the dealer undertakes to comply with the Ad Design Requirements and to ensure that the content provided by him on AutoScout24

• does not violate legal regulations (e.g. competition law or labelling obligations),
• do not violate the rights of third parties (e.g. copyrights or trademark rights),
• complies with the Code for Vehicle Trading on the Internet,
• does not contain any offensive, defamatory, hateful, pornographic, or credit-endangering content,
• is, to the best of his knowledge, complete and correct, and
• otherwise complies with the provisions of these GTC.

8.3 The dealer is obliged to correct or delete any advertisements posted by him that does not comply with these requirements.

8.4 The dealer must indemnify AutoScout24 against all claims (including the costs of legal defence) asserted by third parties against AutoScout24 due to an infringement of rights by an advertisement of the dealer or the other use of the AutoScout24 Website by the dealer. The dealer must also indemnify AutoScout24 against all claims by third parties resulting from an alleged infringement in accordance with this provision. The obligation to indemnify does not apply if the dealer is not responsible for the infringement.

8.5 The dealer must ensure that files transmitted by him do not contain viruses or comparable harmful programs. AutoScout24 may delete such files without the dealer being entitled to any claims. AutoScout24 reserves the right to claim compensation for damaged caused by viruses.

9.1 AutoScout24 has a system which enables users of the AutoScout24 service to rate dealers. A rating is only possible after the user has contacted the respective dealer in advance. The use of the rating system is based on the AutoScout24 rules for fair reviews.

9.2 Misuse of the ratings by users and dealers is not permitted. Misuse includes, in particular:

• Manipulating one's own evaluation results through self-created or commissioned evaluations.
• Manipulating the ratings of other traders through self-created or commissioned reviews.
• Involving oneself in other violations of the Trader Rating Rules.

9.3 AutoScout24 has no influence on the content of the ratings but only provides the technical requirements for their transmission.

10.1 AutoScout24 is not obliged to check whether posted content infringes the rights of third parties or violates legal regulations. However, AutoScout24 reserves the right to examine posted content on its own initiative. For this purpose, human reviews by the moderation team as well as partially and fully automated tools are used.

10.2 AutoScout24 provides a system for reporting content that users, dealers or third parties consider to be illegal. The moderation team examines such reports and informs the person concerned of the decision made.

10.3 If content violates Section 8.2, Section 9.1, or if there is otherwise a reasonable suspicion that content is illegal, AutoScout24 will take appropriate measures. These include in particular:

• removing the advertisement or other content or blocking access to the advertisement or other content,
• delaying the publication of advertisements,
• restricting the visibility of the advertisement,
• setting a deadline for remedying the violation,
• warning of the controller,
• temporarily or permanently deactivating the ability to post advertisements, and
• temporarily or permanently suspending the controller.

10.4 AutoScout24 is also entitled to block the dealer's access immediately if:

• the dealer is in default of payment, has revoked his direct debit authorization or has objected to a direct debit without authorization;
• there is reasonable suspicion that a third party is using the dealer's access;
• there is any other case of misuse of the database or exceeding the rights of use.

10.5 When selecting the respective measure, AutoScout24 takes into account, among other things, the severity of the violation, including any culpability and the degree of culpability, the legitimate interests of the parties involved and whether it is a repeated violation. Before a temporary or permanent suspension comes into force, the person concerned will be notified of the alleged violation ("warning") and the duration of the suspension. A suspension may be lifted if the cause of the suspension is removed.

10.6 If, despite a warning, the provisions of these GTC are culpably violated again, AutoScout24 is entitled to take measures to permanently exclude the person concerned from the offer. AutoScout24 is also entitled to demand a contractual penalty of 500 euros for each week or part thereof in which the violation or misuse continues. In the event of violations of the identification of a commercial offer, AutoScout24 charges a contractual penalty of 500 euros per vehicle listed.

10.7 If dealers repeatedly provide obviously illegal content or repeatedly report third-party content as illegal, AutoScout24 will temporarily block the corresponding function for the respective dealer due to misuse. When deciding on a blocking and its duration, the criteria set out in Section 10.5 shall apply.

10.8 The person concerned may lodge an internal complaint with AutoScout24 against AutoScout24's decision to take measures against content pursuant to Section 10 or not to take such measures despite a report. The complaint must be submitted to the contact address specified in the decision within six months of the date on which the person concerned was informed of the decision. AutoScout24 will carefully review the decision again in response to the complaint.

10.9 Against such decisions as well as complaints that AutoScout24 has not remedied, the data subject may also appeal to a recognized out-of-court dispute resolution body in accordance with the Digital Services Act. AutoScout24 will cooperate with the recognised out-of-court dispute resolution body selected by the data subject. The decision of the dispute resolution body is not binding on AutoScout24, unless AutoScout24 has expressly accepted the decision as binding.

10.10 Dealers can also subscribe to the internal complaint management system of AutoScout24, which can be accessed via the contacts stored in the dealer area, it works in accordance with the requirements of Art. 11 of the P2B Regulation. AutoScout24 is prepared to cooperate with the mediators, whose contact details are available in the dealer Contact Area.

11.1 AutoScout24 provides an availability of the database of over 90% in relation to the year. Availability in this sense means that content can be placed in the database and data can be retrieved from it.

11.2 The availability does not include the times required for system maintenance and interruptions for offline backups — in each case within reasonable limits — as well as interruptions due to force majeure or other causes for which AutoScout24 is not responsible. This includes, for example, emergency measures to prevent the spread of viruses. If possible, AutoScout24 will announce these times in advance on the website.

11.3 AutoScout24 does not guarantee any particular range or distribution when using its services. Subject to express agreements to the contrary in individual cases, the subject matter of the service packages is solely the possibility of using certain offers, as offered and within the scope of their availability, but AutoScout24 does not owe and action or success.

11.4 When uploading image files, AutoScout24 is not liable for the quality of the reproduction, in particular not for colour deviations.

12.1 AutoScout24 and the dealer shall be liable in accordance with the statutory provisions, unless otherwise stipulated below.

12.2 Within the framework of this contract, AutoScout24 shall be liable for damages to the dealer (1) caused intentionally or by gross negligence by AutoScout24 or its legal representatives or vicarious agents, (2) which have arisen as a result of AutoScout24's breach of an obligation that is of essential importance for the achievement of the purpose of the contract (cardinal obligations), (3) if these claims result from the Product Liability Act, (4) if a guarantee has been assumed for the quality of the item in the case of purchase or work contracts by AutoScout24 or has been fraudulently deceived and/or (5) from injury to life, limb or health resulting from a breach of duty by AutoScout24 or one of its legal representatives or vicarious agents.

12.3 AutoScout24 is fully liable for damages caused intentionally or by gross negligence, or for injury to life, limb, or health. In all other respects, the claim for damages is limited to the foreseeable damage typical of the contract. In the event of default, liability shall be limited to 5% of the order value. Liability in accordance with the Product Liability Act remains unaffected.

12.4 AutoScout24 is liable for data loss of the dealer if the dealer has ensured that the data can be restored with reasonable effort by making backups or in any other way. AutoScout24's liability is limited to the typical restoration effort. Section 12.2 remains unaffected.

12.5 Insofar as AutoScout24 is only liable in the amount of the typically foreseeable damage in accordance with Section 12.3, this liability is additionally limited to a maximum of EUR 10,000 or, in the case of pure financial losses, to a maximum amount of EUR 5,000.

12.6 Insofar as AutoScout24 is only liable in accordance with Section 12.3 to the amount of the typically foreseeable damage, there is no liability for indirect damages, consequential damages, or loss of profit.

12.7 In cases other than those mentioned in 12.2 to 12.4, AutoScout24's liability is excluded - regardless of the legal grounds.

12.8 Insofar as the liability of AutoScout24 is excluded, this also applies to the personal liability of the employees, employees, employees, representatives, and vicarious agents of AutoScout24.

13.1 The dealer is not entitled to any rights of retention if these are based on counterclaims arising from other legal transactions with AutoScout24.

13.2 The dealer may only offset claims that have been undisputed or legally established or are in a close mutual relationship with Autoscout24's claim.

14.1 AutoScout24 may offer dealers changes to these GTC within a reasonable period of time, which may not be less than 15 days. The amended GTC will be communicated to the dealer on a durable data carrier (e.g. e-mail) at least 15 days before they take effect and will also be published on the AutoScout24 website. The change is deemed to have been accepted if the dealer does not object in text form (e.g. e-mail) within 15 days of notification.

14.2 The dealer has the right to terminate the contract extraordinarily up to and including the date of entry into force of the amendment to the GTC if he does not agree to the change. With the message about the amendment of the GTC, the dealer is also informed of the right of refusal, the deadline for this and the right of termination. The posting of further offers or advertisements before the expiry of the deadline is to be regarded as an unambiguous confirmation by which the posting dealer waives the deadline.

AutoScout24 is committed to accessibility, diversity, and inclusion. AutoScout24 therefore works to ensure that AutoScout24's websites and online services are accessible to all people and that the applicable standards for Internet accessibility (WCAG 2.2 AA), the provisions of the European Accessibility Act (EAA) and the Barrierefreiheitsstärkungsgesetz (BFSG) are complied with.

16.1 The exclusive place of jurisdiction and place of performance is Munich. The contract between the dealer and AutoScout24 is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

16.2 Changes or additions to the contract, including this clause, must be made in writing in order to be effective. The written form within the meaning of this provision generally means the written form pursuant to § 126 (1) and (2) BGB. The written form is also maintained by sending a PDF file by fax or e-mail.

16.3 AutoScout24 is entitled to transfer the contractual relationship as such to a third party with a notice period of 4 weeks. In this case, the dealer is entitled to terminate the contract within two weeks of receipt of the notification with effect from the announced takeover of the contract. The right of termination does not exist if the transfer is made to a third party that is an affiliated company of AutoScout24 within the meaning of Section 15 et seq. of the German Stock Corporation Act (AktG) and this transfer only serves the internal restructuring of the group.

16.4 Should individually provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining contract shall remain unaffected. The invalid or unenforceable provision is to be replaced — as far as legally possible — by an effective and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.