General Terms and Conditions
§ 1 Acceptance of general terms and conditons
„rheinland agentur“ offers services for the relocation of employees of customers or private individuals. All of the rheinland agentur performed services and offers base exclusively on the basis of the general terms and conditions, who are accepted by the customer with the use of the offered services. Other terms and conditions of the customer apply only in the case, that the rheinland agentur approved them written.2 scope of service
§ 2 Scope of service
Kind and extend of the contractual obligations of the rheinland agentur conform to the written offer of the contractor and the written order confirmation of the customer. All offers are non-binding until their acceptance. An order does not include legal-, tax- or insurance issues. A representative of the customer or the beneficiaries of legal transactions doesn´t belong to the scope, as well as advice in legal-, tax- or insurance issues.
§ 3 Payment, payment method
The payment of the rheinland agentur conform to the particular order. After conclusion of a contract, provided services are calculated following the time exposure or the agreed flat rate. Expenses of the rheinland agentur (for example registration fees etc.) have to be refunded separately for an invoice and a receipt. Invoices have to be payed 100% until the job end. The claim to remuneration of the rheinland agentur exists independent of additional, third party commission claims addressed to the customer. This applies especially for claims, that result from activities of the customer.
§ 4 Obligations of the customer
The customer is obligated to provide all for the fulfilment of contract from the rheinland agentur necessary information and all of the rheinland agentur requested documents and information at its own expense. The documents and information have to be provided in a timely manner and complete. For the search of an accommodation, employees of the customer announce their demands for the object search of the rheinland agentur. The customer is obligated to impact on the beneficiary to take part in appointments or cancel appointments with appropriate lead time.
§ 5 Duration of the contract, termination, cancellation fee
The duration of the contract refers to the completion of the order. The customer can cancel the contract any time without observing a cancellation period. A contract termination of the rheinland agentur can only take place with an important reason. For example, when the customer doesn´t attend to his duties of §4 and for this reason the implementation of the order is impossible or significant made difficult for the rheinland agentur.
In case of an early termination of the contract from the customer, the rheinland agentur can demand proportional remuneration according to the work progress in the following amount:
30% of the agreed total remuneration after starting the work with the beneficiary, before the start of an object search.
50% of the agreed total remuneration after starting the object search, before signing the lease, by terminated appointments with the authorities.
§ 6 Liability
The rheinland agentur assumes no liability for damages, no matter what legal basis. Except for damages, that exist of assured properties or culpable violation of essential contractual obligations (major obligation) caused by the rheinland agentur.
A liability for performances of third parties, that are not subcontractor of the rheinland agentur is excluded. Information of third parties are provided with the best of one’s knowledge and belief. A reliability for the correctness of those information by the rheinland agentur is excluded. The rheinland agentur does not accept reliability in case of:
– unsuccessful search of living space, the rheinland agentur is not responsible for
– incorrect provided data, the rheinland agentur is not responsible for
– damages in transit, the rheinland agentur is not responsible for.
Is a reliability of the rheinland agentur justified, the reliability is limited by the agreed order amount as well as by damages, that typically have to be expected due to the framework of the contract.
Translations or oral transmissions in another language are not included in the contractual scope. If the rheinland agentur takes them into account because of a customer request, the rheinland agentur is not reliable for the correctness.
§ 7 Right of retention
The rheinland agentur is committed to pass personal data of the customer and the beneficiary or use personal data of the customer and the beneficiary for other own purposes only with a written confirmation of the concerned parties. The written confirmation of the beneficiary exists, when the customer or the beneficiary provides personal data via email or other mailing routes for the rheinland Agentur.
§ 9 Various regulations
Collateral agreements concerning the service contract does not exist. Changes or further additions need a written confirmation for their effectiveness. This also applies for the cancellation of this formal requirement. For disputes resulting from the contract, the parties agree to the place of jurisdiction in Cologne.
This contract and its interpretation are subject to the German material law. When a provision of this service contract is invalid, referring to the wishes of all parties, it doesn´t affect the effectiveness of the remaining contractual provisions.