GTC

General Terms and Conditions (GTC) of CORS Event und Personal GmbH for Work Contracts

General Terms and Conditions (GTC) of CORS Event und Personal GmbH for Work Contracts

§ 1 General Provisions

1. These General Terms and Conditions (GTC) apply to all contracts between CORS Event und Personal GmbH (hereinafter referred to as “Contractor”) and its clients, insofar as the subject matter of the contract involves the provision of services through the provisioning of personnel for the execution of projects.

2. Deviating General Terms and Conditions of the client shall not become part of the contract unless the Contractor has expressly agreed to their validity in writing.

§ 2 Conclusion of Contract

1. The Contractor’s offers are non-binding and subject to change.

2. The contract is concluded by the written confirmation of the client’s order by the Contractor.

§ 3 Prices and Payment Terms

  1. All prices are quoted in EURO plus the statutory value-added tax.
  2. The agreed prices apply to the scope of services specified in the service description. Additional services will be billed separately.
  3. In addition to the agreed prices, the following costs may arise:
  • Night work surcharges: For work performed between 11:00 PM and 6:00 AM, a night work surcharge of 25% of the agreed hourly rate will be charged.
  • Increased meal allowances: Meal allowances in accordance with statutory provisions (up to 24 EUR per day per employee), unless meals are provided by the client.
  • Accommodation costs: The client bears the costs for reasonable accommodation for employees, unless provided by the client.
  • Toll and parking fees: Project-related toll and parking fees will be billed upon presentation of the corresponding receipts.
  • Travel costs: Travel costs to the client’s work location will be charged at 0.50 EUR per driven kilometer.
  1. Invoices are payable without deduction within 14 days of receipt. Offsetting is only permitted with legally established or undisputed claims of the client.

§ 4 Performance of Services

  1. The Contractor provides qualified personnel who carry out the work specified in the contract in accordance with technical and legal requirements.
  2. The Contractor reserves the right to employ subcontractors for the fulfillment of contractual obligations.
  3. The client is obliged to provide the Contractor with all necessary information for the proper provision of services.

§ 5 Termination

  1. The client may terminate the contract in accordance with statutory provisions.
  2. If the client terminates the contract without observing a notice period of 10 days prior to the commencement of services, the Contractor reserves the right to demand a flat-rate compensation of 10% of the agreed total price. The client is permitted to provide evidence that a lower damage has occurred.

§ 6 Transfer of Risk, Acceptance

  1. The risk of accidental loss or accidental deterioration of the work passes to the client upon acceptance.
  2. Acceptance cannot be refused due to minor defects.
  3. The work is deemed accepted if:
    a. the work has been completed, and
    b. the Contractor has informed the client of this with reference to the acceptance fiction under this provision and has requested acceptance, and
    c. 7 working days have passed since completion or the client has begun using the work, and
    d. the client has refrained from acceptance within this period for any reason other than a defect reported to the Contractor that makes it impossible to use the work or significantly impairs its use.

§ 7 Liability

  1. The Contractor is only liable for damages caused by gross negligence or intent. For slight negligence, the Contractor is only liable for the infringement of essential contractual obligations (cardinal duties).
  2. The Contractor’s liability is limited to typical and foreseeable damages.

§ 8 Jurisdiction, Place of Fulfillment

  1. The place of fulfillment and jurisdiction is the registered office of the Contractor in Dresden.
  2. The law of the Federal Republic of Germany applies.

§ 9 Severability Clause

Should individual provisions of these GTC be ineffective or unenforceable, or become ineffective or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective or unenforceable provision, a valid and enforceable regulation shall be deemed agreed, the effects of which come closest to the economic objectives pursued by the contracting parties with the ineffective or unenforceable provision. The same applies in the event that the contract is found to be incomplete.