General Terms and Conditions of Reception + for services

§ 1 Scope of application

(1) These General Terms and Conditions (hereinafter: GTC) shall apply to the services and offers of Reception+. Unless otherwise agreed in individual contracts between Reception+ and the customer, the GTC of Reception+ shall apply. These GTC shall apply exclusively; conflicting or contrary GTC or GTC of the customer that deviate from these shall not be recognized unless Reception+ has expressly confirmed their validity in writing.

(2) These GTC shall be deemed to have been accepted at the latest upon acceptance of the services of Reception+. Counter-confirmations by customers with reference to their own GTC are hereby rejected.

(3) In the event of a contradiction between the individual contractual provision between Reception + and the customer, the individual contractual provision shall take precedence over the GTC of Reception +.

(4) The GTC of Reception + shall also be recognized by the customer for all services to be provided by Reception +. It shall therefore be sufficient to refer to the GTCs of Reception + already included in subsequent contracts or extensions of the existing contractual relationship so that they become part of the contract.

§ 2 Conclusion of contract

(1) The offers of Reception+, in particular with regard to the scope of services and ancillary services, are subject to change and non-binding. Declarations of acceptance shall require written confirmation from Reception+ in order to be legally effective, unless the service is provided by Reception+ without written confirmation and without reservation.

(2) The documents provided by Reception+ as part of the offer shall remain the property of Reception+ and may not be reproduced or passed on to third parties without the written consent of Reception+. On request, the documents provided to Reception+ must be returned immediately, without the customer being entitled to a right of retention.

(3) The customer is aware that the conclusion of the contract is always subject to the condition that the customer grants Reception+ or its employees for reception services a right of use and domiciliary rights for the execution of the contract for reception services.

The customer agrees to the use of the inventory etc. necessary for the execution of the contract and to the transfer of domiciliary rights.

(4) The scope of services of Reception+ shall be determined solely by written contracts.

§ 3 Contractual relationships

(1) Unless otherwise agreed in individual contracts, Reception+ shall regularly deploy its own staff on the customer’s premises. In doing so, Reception+ and the customer agree that no temporary employment within the meaning of the Temporary Employment Act (AÜG) shall take place. The customer is aware of the lack of necessity of a temporary employment permit within the meaning of the Temporary Employment Act (AÜG) for the performance of the service contract.

(2) In principle, the services of Reception+ can only be provided on the customer’s premises. The organization of the execution of the contract shall be coordinated with the customer’s interests, but shall be the sole responsibility of Reception+, including the necessary measures and actions for the execution of the service contract.

(3) The employees of Reception+ shall be subject exclusively to its instructions. The employees shall be deployed as vicarious agents of Reception+ for the execution of the contract.

(4) Reception+ shall be free to deploy an equally suitable employee at the customer’s premises. The customer shall have no right to the deployment of a specific employee. Reception+ shall be solely responsible for determining the suitability of employees for the performance of the individual service contract.

§ 4 Scope of services

(1) The scope of services shall be determined exclusively by written contracts. The scope of services, including ancillary services and the service period, shall be specified in writing in individual contracts.

(2) Reception+ reserves the right to restrict the scope of services, including ancillary services and the service period, if urgent operational reasons of Reception+ make this necessary. The customer must be informed immediately of any urgent operational reasons on the part of Reception+. The customer shall not be entitled to any claims for damages as a result and shall at the same time be released from the obligation to pay for the respective restriction.

§ 5 Obligations of the customer

(1) The customer shall support Reception+ so that Reception+ can fulfill the scope of services on which the service contract is based, including ancillary services and other agreements, in full and also in the quality owed.

(2) If Reception+ is unable to fulfill the agreed scope of services including ancillary services and other agreements as well as the required quality due to a lack of support from the customer, the claim to remuneration shall remain unrestricted without the right of the customer to assert his own claims.

§ 6 Payment modalities

(1) Unless otherwise agreed, Reception+ invoices shall be payable and due immediately after invoicing without deduction, but no later than 30 days after receipt. Payment shall only be deemed to have been made when Reception+ can dispose of the amount. In the case of payment by check, payment shall be deemed to have been made when the amount is credited to the Reception+ account.

(2) The payment obligation shall only be deemed fulfilled if payment is made to Reception+. Payments to third parties, whereby payment to employees of Reception+ is excluded, shall only have a fulfilling effect if Reception+ has given its prior written consent.

(3) Reception+ shall be entitled to offset the customer’s payments against older debts first. This shall also apply if the customer has made the payment towards a specific debt. If costs and interest have already been incurred, Reception+ shall be entitled to offset the payment first against the costs, then against the interest and finally against the service.

(4) If the customer is in default, Reception+ shall be entitled to charge interest at a rate of 8 percentage points above the respective prime rate.

(5) The customer may only offset claims for remuneration by Reception+ against undisputed or legally established claims. In addition, the customer shall be authorized to exercise his right of retention insofar as his counterclaim is based on the same contractual relationship.

(6) The customer shall be obliged to reimburse Reception+ for any costs incurred as a result of a check not being honored or, in the case of an agreed direct debit, as a result of a direct debit not being honored or being returned. This shall not apply if the customer and/or his vicarious agents have demonstrably exercised due care or if the damage would have occurred even if due care had been exercised. The burden of proof lies with the customer.

(7) If the customer raises objections to the amount of the invoice, this must be made in writing to Reception+ within 10 days of receipt of the invoice at the latest. Otherwise, the customer’s objections shall be excluded; the amount of the invoice shall then be assumed to be correct and accepted by the customer.

§ 7 Liability

(1) Reception+ shall only be liable for intentional or grossly negligent fault, including that of its representatives, vicarious agents or assistants. In the event of culpable breach of material contractual obligations, liability shall be limited to foreseeable damage typical of the contract.

(2) Liability shall not be limited to intentional or grossly negligent behavior, insofar as damages result from injury to life, limb or health or from assurances given by Reception+.

(3) Reception+ shall not be liable for the documents, brochures, presentations etc. provided by the customer. In the event of claims by third parties, the customer shall indemnify Reception+ against claims by third parties.

(4) The customer shall be excluded from enforcing his claims for damages if they are not asserted in writing to Reception+ within a period of 12 months after becoming aware of them.

(5) Liability for items provided, in particular keys and laptops, is excluded unless the customer has demonstrably handed them over to an authorized employee of Reception+ and demonstrably informed Reception+ that they have been handed over.

§ 8 Contract term/termination

(1) The term of the service contract shall commence on the contractually agreed date. If such a date is not part of the contract, the term shall commence at the latest with the first contractual provision of services by Reception+.

(2) Unless otherwise contractually agreed, the service contract is concluded for an indefinite period.

(3) The contractual relationship may be terminated by Reception+ for good cause, i.e. without observing a period of notice, in particular if

1. the contractual relationship results in the violation of a criminal law provision by the customer;
2. the customer is demonstrably unable to pay;
3. insolvency proceedings are instituted against the customer’s assets or an insolvency petition is filed;
4. an insolvency application was rejected due to lack of funds;
5. the customer is in arrears with payment of the Reception+ fee.

(4) Any notice of termination must be given in writing.

(5) If the customer terminates the contract before Reception+ commences its services, Reception+ shall be entitled to compensation for expenses amounting to two months’ net remuneration plus VAT at the applicable rate. This shall not affect the customer’s obligation to pay the remuneration up to the time of termination. In addition, further claims for damages by Reception+ shall remain unaffected.

§ 9 Data protection/confidentiality

(1) Reception+ warrants that it will observe and comply with the applicable data protection regulations. Where necessary, Reception+ undertakes to oblige its employees to maintain data secrecy in accordance with Section 53 of the German Federal Data Protection Act (BDSG). The declaration of commitment shall be documented by Reception+.

(2) Reception+ undertakes to treat confidentially the information provided or received by the customer or information that comes to its knowledge. Reception+ also undertakes to impose the same confidentiality obligation on its own employees.

§ 10 Protection against competition

The customer is strictly prohibited from poaching and hiring Reception+ employees. Should it nevertheless happen that after termination of the employment contract between Reception+ and the employee, the former employee is hired by the customer up to 12 months after termination of the contractual relationship, it shall be assumed that the cooperation of the Reception+ employee with the customer has led to the hiring. In this case, Reception+ shall be entitled to a recruitment fee of € 6,000.00 net upon first request.

§ 11 Know-how

The ideas introduced by Reception+ to optimize the customer’s work processes, which are developed and documented as part of the provision of services, shall be the exclusive property of Reception+. A transfer of the know-how to the customer is only possible with the written consent and corresponding additional remuneration on the part of the customer, otherwise it is excluded.

§ 12 Place of jurisdiction

The exclusive place of jurisdiction is Frankfurt am Main.
The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded.

§ 13 Other agreements

Amendments or additions to the contract must be made in writing; this also applies to changes to the written form requirement. Verbal collateral agreements are invalid.

§ 14 Severability clause

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.