Section 1: General
The rheinland agentur offers relocation services for employees of the Client or the Client him-/herself. All services and offers performed by rheinland agency are made exclusively on the basis of these terms and conditions, which the Client acknowledges with the order confirmation. Any terms and conditions of business of the Client to the contrary shall only apply insofar as they have been agreed to in writing by rheinland agency. Beneficiaries of services are the employees of the Client or the Client him-/herself, insofar as he/she uses the services in his/her own person.
Section 2: Scope of services
The nature and scope of rheinland agency’s contractual obligations are governed by its written offer and the written order confirmation of the Client. All offers are non-binding until the order is confirmed. The order does not include advice on legal, tax, and insurance matters. Representation of the Client or the service recipient in legal transactions is not part of the scope of services.
Section 3: Remuneration, method of payment
The remuneration paid by rheinland agency depends on the respective order placed.
Services commissioned after conclusion of the contract shall be charged according to time spent or according to an agreed flat rate. Expenses incurred by rheinland agency (e.g. fees from the authorities, third-party invoices, translators, etc.) are to be reimbursed separately against invoice or receipt. Payments are to be made with invoicing at 100% at the end of the order. The remuneration claim of rheinland agency exists independently of further commission claims directed against the Client by third parties. This applies in particular to claims that arise as a result of Client’s own activities or those of his/her new employees. Should commissioned services not be successful due to the Client’s or the employee’s own initiative or activity, this is irrelevant for rheinland agency’s claim for payment.
Section 4: Duties of the Client
4.1 The Client undertakes to procure all documents, records and information necessary for the performance of the contract by rheinland agency and requested by rheinland agency at his/her own expense, and to make them available to rheinland agency in good time and in full.
4.2 In the case of the search for accommodation for employees of the Client, the Client shall disclose all other efforts to find accommodation to the rheinland agency from the time the order is placed with the rheinland agency. The Client undertakes to influence the employee to keep appointments or to cancel them with reasonable advance notice.
Section 5: Contract Duration, Termination & Cancellation fees
5.1 The duration of the contract is determined by the order placement. The Client may terminate the contract at any time without notice. The contract may only be terminated by rheinland agency for good cause. This is the case, for example, if the Client does not fulfil his/her obligations specified in § 4, and the execution of the order is thereby made impossible or substantially more difficult for rheinland agency.
5.2 In the event of premature termination of the contract by the Client, rheinland agency may demand pro rata remuneration in accordance with the progress of work in the following amount:
– 30% of the agreed total remuneration after the start of the activity with the beneficiary, before the start of the object search.
– 50% of the agreed total remuneration after the start of the search for the object, before the signing of the lease, in case of scheduled visits to the authorities.
– 80% of the agreed total compensation after signing the lease agreement after consultation in the processing of official procedures. This provision shall not apply if the Client can prove that no expense or damage has been incurred at all or that it is significantly lower than the above remuneration.
Section 6: Liability
6.1 The rheinland agency is liable insofar as it is guilty of intent or gross negligence. rheinland agency shall only be liable for simple negligence in the event of a breach of an obligation, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the Client may regularly rely (so-called cardinal obligation).
6.2 Insofar as rheinland agency is liable due to simple negligence, liability is limited to the damage that could typically be expected to occur according to the circumstances known at the time the contract was concluded.
6.3 The above exclusions and limitations of liability do not apply to damage to life, limb or health.
6.4 Liability for services provided by third parties who are not vicarious agents of rheinland agency is excluded.
6.5 Third-party information is passed on to the best of our knowledge and belief. Any 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. Writtliability for the correctness of this information by rheinland agency is excluded.
6.6 rheinland agency is not liable in the event of
– unsuccessful or delayed housing placements for which it is not responsible
– incorrect data transmission for which it is not responsible
– transport damage for which it is not responsible
– delays due to the behavior of the authorities, for which it is not responsible
6.7 Translations or oral transmissions into other languages are not part of the contractual scope of services. If rheinland agency has these carried out at the request of the Client, rheinland agency is not liable for their correctness.
Section 7: Rights of Retention
The assertion of a right of retention in accordance with § 273, 320 BGB by the client is excluded. The Client may only set off claims that are undisputed or have become res judicata.
Section 8: Data Protection
Rheinland agency undertakes not to pass on personal data of the Client or the employee to third parties or use it in any other way for its own purposes without the consent of the service recipient. The Client’s consent is deemed to have been given if the Client transfers his personal data to rheinland agency by e-mail or other postal channels. By disclosing the employee’s data, the Client declares that the employee has agreed to the disclosure of his/her data.
Section 9: Various Provisions
9.1 There are no ancillary agreements to this contract. Changes or amendments to the contractual agreements must be recorded in writing for evidence purposes. This also applies to the waiver of this formal requirement. Cancellations must be made in text form. For disputes arising from this contractual relationship, the parties agree that the place of jurisdiction shall be Cologne, insofar as this is permissible.
9.2 The law of the Federal Republic of Germany shall apply.
9.3 Should individual provisions of the contractual agreements be or become invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the contractual agreements.