General Terms of Sale
1. General
These terms apply to all agreements on the provision of services unless otherwise agreed and confirmed by Clear Channel Denmark A/S.
Clear Channel reserves the right to change the General Terms of Sale. It is possible to view the latest version of these terms at any time at Clear Channel’s website.
2. Prices
Indicated and agreed rental and installation prices and the prices of other services are ex VAT, other government taxes and materials.
Prices in brochures printed by Clear Channel Denmark A/S are non-binding. It is always the business terms, as found on www.clearchannel.dk, which are applicable.
3. Posting and removal period
Posting of campaigns begins at the earliest Sunday at 6 pm and is completed at the latest Tuesday at 11.59 pm. Removal of the campaign is carried out at the latest Tuesday at 23.59 pm.
Clear Channel Danmark A/S reserves the right to leave posters hanging unless the customer has stated otherwise when it concerns the Adshel format. Please be aware that we are unable to offer a guarantee for removal on the format Supermarket Group of 3.
The posting or removal period may be changed to the extent that such delay is the result of strikes, lockouts, government actions, suspensions in operations, delays or hindrances to supplies of advertising materials, no media access, acts of God, transport days, wars, rebellion, riots or blockades, or other force majeure not mentioned here.
The customer is only entitled to revoke the agreement signed on the grounds of delays to posting caused by the above circumstances if such delay affects more than 66% of the agreed posting period, and the delay is not caused by the customer.
The customer is not entitled to revoke the agreement in the case of advertising display being prevented for reasons stated in section 3, paragraph 3 once the advertising material has been installed.
Where installation, advertising displays or dismounting are hindered throughout the entire display area, a reduction in the agreed rental price calculated on the basis of the number of days such hindrance lasts will be granted.
Clear Channel Denmark A/S is under no circumstances obliged to pay damages of any kind on the grounds of delays or failure to install/remove advertising or on the grounds of interruptions to the advertising display during a period.
Should the display period be shortened by more than 50%, the customer is entitled to revoke the agreement, but in such a manner that all costs associated with the production of the advertising be defrayed by the customer.
Clear Channel Denmark A/S reserves the right to remove the advertising material if required to do so by a third party. In this case the above stipulation will apply.
Should the advertising material collapse or be damaged in some other manner, all costs associated with the reinstallation or repair of the advertisement must be defrayed by the customer, unless the customer is able to prove that such circumstances were caused by gross negligence on the part of Clear Channel Denmark A/S. Clear Channel Denmark A/S is not obliged to reinstall the advertising material and no compensation will be paid for a failure to reinstall such advertisements.
Clear Channel Denmark A/S continuously monitors that the lighting of the advertising is intact, but cannot be held responsible for lack of lighting of advertisements in a period, as a result of circumstances beyond the control of Clear Channel Denmark A/S, including temporary interruption of street lights, constraints in the supply of power to the billboards, adshels etc. The customer bears the risk of theft, vandalism or other damages to advertisements.
Clear Channel Denmark A/S reserves the right to vary agreed advertising space with -5% for analogue products. For Adshel series, it is guaranteed that a minimum of 95% of the advertising space is delivered in accordance with the respective series’ standard distribution of qualities. Clear Channel Denmark A/S reserves the right to vary respective series’ standard distribution to a larger extent if contractual prohibitions restrict the advertiser from exhibiting their content on certain panels. For digital campaigns Clear Channel guarantees delivery of at least 95% of agreed VAC (visible adjusted contacts). Campaign Characteristics such as Plays or SoT are indicative and not promised.
For digital filler campaigns Clear Channel guarantees at least 95% of agreed plays based on the offered spot length.
4. The Customer’s responsibility
It is the responsibility of the Client to go to www.clearchannel.dk. and navigate to the chosen product(s) and find the delivery specification(s). The current delivery specifications (Leveringsspecifikationer) are issued by Clear Channel and can be viewed at www.clearchannel.dk.
The Client is responsible for ensuring that posters and other advertising material comply with the current delivery specifications issued by Clear Channel.
Delivery of material
Posters, other advertising material and any necessary lining paper are to be provided by the Client, and are not included in the price unless this is expressly stated in the order confirmation.
The Client shall provide clear instructions (drawings) on how the material is to be posted.
Posters and other material shall, unless otherwise agreed, be delivered at the Client’s expense to the address specified by Clear Channel in the above mentioned delivery specifications.
Delivery must take place no later than the deadline stated in the above mentioned delivery specifications of the format(s) where the campaign of the Customer is planned to run.
If the advertising material is not delivered on time to the stated delivery address or if it fails to comply with Clear Channel Denmark A/S’s numbers, dimensions or technical requirements, posting cannot be counted on for the whole agreed period.
Furthermore, Clear Channel Denmark A/S is entitled to require the payment of the full rental price for the period and claim defrayment of additional costs caused by delay. In the case of significant delays and failures to comply with requirements with regard to materials Clear Channel Denmark A/S is entitled to revoke the agreement.
The advertising material must be designed in accordance with international ethical marketing codes. Party-political, pornographic and religious propaganda or advertising of a controversial nature detrimental to government or municipal institutions will not be accepted. In cases of doubt, Clear Channel Denmark A/S reserves the right to obtain approval of the concession granter.
Any approval obtained from Clear Channel Denmark A/S or a concession owner does not free the customer of liability for the design of the advertising. The customer undertakes to discharge Clear Channel Denmark A/S and the owner of the concession from any liability relative to the advertising material. Clear Channel Denmark A/S posts and removes advertising materials in the agreed area.
If the customer intends to advertise together with another brand so-called ”co-branding”, Clear Channel needs to be notified of this no later than 4 weeks before the start of the campaign in order to secure delivery of the booked campaign.
5. Clear Channel’s Obligations
Non-display of advertising on screens
Clear Channel shall inspect any faulty or damaged screen as soon as reasonably practicable following becoming aware of such fault or damage. Clear Channel agrees to act in good faith to ensure that any faulty or damaged screen is returned to full working order as soon as is reasonably practicable. Clear Channel shall not be liable for any credits to the Customer for the duration that a screen remains damaged or faulty if remedied within a reasonable period (which, for these purposes, means within 48 hours of becoming aware of the fault) or as a result of a force majeure event.
As far as possible, Clear Channel Denmark A/S will attend to the replacement of spoiled or missing advertisement material, to the extent that, supplies of such materials have been provided by the customer.
Clear Channel Denmark A/S will destroy the advertisement after use unless otherwise agreed with the customer. In the case of return agreements, Clear Channel Denmark A/S cannot guarantee the state of the material nor will it defray the costs of return.
Clear Channel Denmark A/S reserves the right to cancel the customer’s campaign if the campaign wholly or partly coincides with an election period in connection with parliamentary or municipal elections. Clear Channel Denmark A/S is in that case obliged to in writing per e-mail to cancel the campaign within 72 working hours after the official announcement of a possible election. In such a case, Clear Channel Denmark A/S will reimburse the customer for the entire campaign price, including (in cases of material printing) the production and posting costs of material printing.
6. Conditions
Clear Channel sells the Play Adshel Metro package on the basis of SoT (Share of Time). Clear Channel guarantee delivery on the promised number of plays referenced to in the specific order confirmation.
Clear Channel reserves the right to cancel an order (an “Original Order”) on the package “Metro Platform Screen doors” at Kongens Nytorv or Nørreport, should Clear Channel subsequently receive a booking for the package “Dominance” at Kongens Nytorv or Nørreport, covering the same campaign period as the Original Order.
For cancellations mentioned under the above section 6, a notification of a cancellation shall take place at least 4 weeks before the planned start of the client’s campaign.
7. Conclusion of the Agreement
Should there be errors in the specifying of the agreed, we must request that you immediately signify the points on which the order confirmation does not reflect the terms that we have agreed.
Clear Channel Denmark A/S reserves the right to alter all terms of the agreement, should there be changes to Clear Channel Denmark A/S’s agreement with the concession holder.
The parties hereby acknowledge and agree that:
Clear Channel’s obligations hereunder are expressly subject to the terms and conditions of any applicable ground lease, licence, permits and other similar underlying agreements and rights held by Clear Channel and to applicable local laws and regulations.
All digital screens are shut off between 01 and 05 during the night at Copenhagen Airport.
The screens shall at all times be the sole property of Clear Channel. Other than Clear Channel´s obligations to display the advertising as set forth herein, the Customer shall have no right whatsoever to approve or control the form or content of any other unrelated advertising content or materials on the screens or any other Clear Channel property.
The Customer shall comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the local bribery act. Clear Channel may cancel this Agreement or terminate an agreement with the Customer immediately by giving written notice to the Customer if the Customer is, or Clear Channel reasonably suspects that the Customer is, in breach of this clause.
The customer warrants that it is in compliance with all laws administered by any other national or international entity imposing economic sanctions and trade embargoes relevant to these terms and conditions (”Economic Sanctions Laws”) against designated countries (”Embargoed Countries”), regimes, entities, and persons (collectively, ”Embargoed Targets”). The customer further warrants that it is not an Embargoed Target or otherwise subject to any Economic Sanctions Law.
The customer shall comply with all Economic Sanctions Laws. Any breach of the Economic Sanctions Laws, including if the client becomes an Embargoed Target, is a material breach of these terms and conditions and grounds for immediate termination by Clear Channel. Neither party shall be liable for ceasing to perform its obligations in these terms and conditions, including making any payments, if doing so would violate any applicable Economic Sanctions Laws.
Clear Channel may terminate the agreement with the customer immediately if Clear Channel is required to do so pursuant to any agreements it has with any superior or head landlord or any other applicable third party.
8. Payment
Payment and terms appear on the order confirmation.
In cases of late payment, interest will be added at the rate of 2 % per month or part month from due date. The customer is not entitled to withhold payment or offset other amounts.
However, Clear Channel Denmark A/S reserves the right to alter payment terms in cases where Clear Channel Denmark A/S comes into possession of information concerning impairment to the customer’s ability to pay.
Any delays of payments by the customer constitutes a serious breach and gives Clear Channel Denmark A/S the right to terminate all agreements with the customer. In case of an agreed termination, the customer is still obliged to pay the remaining part of the agreement period. Clear Channel Denmark A/S, in the event of payment default, can choose to dismantle the advertising materials; this does not exempt the customer to pay for the remainder of the agreement period.
Should the customer apply for suspensions of payments or should the customer be declared bankrupt, Clear Channel Denmark A/S is entitled to revoke the agreement with immediate effect and claim full payment under the agreement by the customer or the customer’s estate.
9. Venue
The agreed venue for any legal disputes between Clear Channel Denmark A/S and the customer shall be the Copenhagen Maritime and Commercial Court.
10. Provision
Clear Channel Denmark A/S grants security allowance upon agreement. Purchase of outdoor advertising which relates to a specific invoice can generate discounts that are not shown on the invoice (paid to media buyer / its representative).
11. Commissions and Discounts
Under these terms the parties acknowledge that Clear Channel Denmark A/S is obliged to pay agency and specialist fees and commissions in accordance with the industry standard percentages. Further information on this can be located in the document Commissions on Clear Channel Denmark’s website: www.clearchannel.dk
12. Cancellation
The Client has the right to cancel a booking on the following conditions:
A cancellation must be made in writing and will be regarded as taking effect on the date of receipt by Clear Channel.
For digital products (Play) the cancellation must be made no less than 4 weeks before the start of the campaign period. For analogue products (Classic) campaigns (such as spectaculars, adshels and combination packages in the metro) the cancellation must be made no less than 6 weeks before the start of the advertising period.
Any cancellation for bookings at Copenhagen Airport must be made no less than 4 weeks (for digital products), 6 weeks (for analogue products) and 12 weeks (for Create Engage (marketplace locations)) before the start of the campaign period.
If the booking relates to multiple advertising periods, the cancellation must be made before the start of the first advertising period.
If the cancellation takes place later than the time specified in the preceding section, the Client shall pay full compensation equivalent to the total price agreed for the campaign as specified in the written order confirmation sent. Clear Channel has the right to invoice the Client when the cancellation is made. The cancellation terms apply to bookings confirmed 3rd of October 2022 or later.
The cancellation terms does not apply to the following Create Station Domination packages; Dominance and Dominance Transfer Tunnel. It is not possible to cancel these packages.
13. Reservation
The Client has the option of choosing to make a reservation rather than making a booking on selected packages. Reservations can only be made on the following packages: Create Station Domination (Dominance and Dominance Transfer Tunnel). The packages can only be reserved if the price is agreed in advance. This price is a priority reservation and thus obliged to be accepted at final purchase.
All reservations automatically expire 4 weeks before the start of the campaign.