Section 1: General Provisions
The rheinland agentur offers relocation services for employees of the principal or of private individuals. All services and offers of the rheinland agentur are performed exclusively on the basis of these General Terms and Conditions which the client recognizes by ordering these services. Contrary terms and conditions of the client will only apply if agreed to by the rheinland agentur in writing.
Section 2: Service Scope
The type and scope of the rheinland agentur’s contractual obligations are based on the written offer of the contractor and the written confirmation of the principal. Any offers will remain non-binding until their acceptance. Orders do not include consultation concerning legal, tax or insurance matters.
Representation of the principal or of the service recipient in legal transactions and consultation concerning legal, tax or insurance matters are not part of the service scope.
Section 3: Fees & Payment Methods
The rheinland agentur’s fees are determined by the respective order.
Services commissioned through the conclusion of a contract will be invoiced based either on the time expended or on an agreed flat fee. Expenses of the rheinland agentur (e.g., fees of authorities, etc.) must be refunded separately in exchange for corresponding invoices and receipts. Payments must be made to 100% upon invoicing following the completion of the order. Fee claims of the rheinland agentur are established irrespective of further third-party commission claims against the principal. This especially applies to claims established as a result of the principal’s own activities of.
Section 4: Duties of the Principal
The principal must, at the principal’s expense, procure and provide to the rheinland agentur on time and completely any files, documents and information necessary for contract performance and requested by the rheinland agentur.
When searching for accommodation for the principal’s employees, the principal must disclose any other object search efforts to the rheinland agentur. The principal will influence the service recipient and attend or, adequately in advance, cancel appointments.
Section 5: Contract Duration, Termination & Cancelation Fees
The duration of the contract is determined by the respective order. The principal may terminate the contract at any time without notice. The rheinland agentur may only terminate the contract for a compelling reason. This includes if the principal fails to perform the duties under Section 4, thereby making the performance of the order impossible or significantly more difficult for the rheinland agentur.
In case of premature termination of the contract by the principal, the rheinland agentur may obtain proportional fee payments based on the work progress as follows:
30% of the agreed total fee following the commencement of the activities with the service recipient before the start of the object search.
50% of the agreed total fee after the start of the object search before signing the rental contract for scheduled dealings with authorities.
80% of the agreed total fee after signing the rental contract following coordination for the performance of scheduled dealings with authorities. This regulation does not apply if the principal can prove that expenses or damages were not incurred or significantly lower than the above fee.
Section 6: Liability
The rheinland agentur will be liable in case of intent or gross negligence. In case of simple negligence, the rheinland agentur will only be liable for breaches of duties on whose performance adequate contract performance depends and on whose compliance the principal may regularly rely.
If the rheinland Agentur is liable for simple negligence, its liability will be limited to damages typically to be expected based on the circumstances known at the time of contract conclusion. If the principal is an entrepreneur, the above liability limitation also applies if the breach of duty by the rheinland agentur is based on gross negligence.
The above liability exclusions and limitations do not apply to injuries to life, limb or health.
Liability for services of third parties who are not vicarious agents of the rheinland agentur is excluded.
Third-party information will be transferred to the best of the rheinland agentur’s knowledge and in good faith. The rheinland agentur’s liability for the accuracy of such information is excluded.
The rheinland agentur will not be liable for:
- Unsuccessful housing referrals for which the rheinland agentur is not responsible
- Inaccurate data transfers for which the rheinland agentur is not responsible
- Transportation damage for which the rheinland agentur is not responsible
Translations or oral transfers into other languages are not part of the contractual service scope. If such services are commissioned by the rheinland agentur on the principal’s request, the rheinland agentur will not be liable for accuracy.
Section 7: Rights of Retention
The exercise of rights of retention under Section 273 or Section 330 of the German Civil Code [Bürgerliches Gesetzbuch, BGB] by the principal is excluded. The principal may only use uncontested or legally established claims for offsetting.
Section 8: Data Protection
Personal data concerning the principal or the service recipient will only be transferred to third parties or used otherwise for own purposes by the rheinland agentur with the written consent of the data subject. Written consent of the data subject is present if the principal or the service provider disclose personal data to the rheinland agentur by email or other postal means.
Section 9: Various Provisions
Side agreements to the service contract do not exist. Changes or additions to the contract must be issued in written form to be effective. This also applies to any waiver of this written form requirement. For any disputes under this contractual relationship, the parties agree to have Cologne, Germany, serve as the place of jurisdiction.
This contract and its interpretation are governed exclusively by German substantive law.
Should a regulation of this service contract be invalid, this will, based on the intent of the parties, not affect the validity of the remaining contractual regulations if in doubt.