General terms and conditions
5, rue Viète
Phone: +33 (0) 6 61 26 36 12
§ 1 Scope of application
- These General Terms and Conditions (GTC) apply to all orders concluded between Claudia Eggerth - hereinafter referred to as CE - and her contractual partners - hereinafter referred to as “customers“.
- Subject of the contracts are services in the field of relocation and consulting services in Paris (France).
- Orders are concluded exclusively on the basis of these GTC and on the basis of the order signed by the customer. The validity of general terms and conditions of the customer is excluded.
- The presentation of services on gate-to-paris.com or social media does not constitute a binding offer to conclude an order. It is a non-binding suggestion on the part of CE to the customer to inform him about suitable services, to contact CE and if necessary to place an order with CE.
§ 2 Conclusion of contract, provision of services
- Upon request, the customer receives specific information about the contract offer including costs by email; this email is not an acceptance.
- A contract is only concluded when the order is signed by the customer and sent via a scanned copy to firstname.lastname@example.org and received by CE.
- The nature and extent of the contractual obligations of the contractual partners are based on the written offer of CE and the written declaration of acceptance by the customer.
- The contract between CE and her customers amounts to a service contract. As a result, CE has no obligation to perform under the terms of the service contract, in particular not for the successful conclusion of leases or the successful completion of its activities vis-à-vis authorities, banks, etc.
- CE is entitled to have all or part of the services performed by third parties.
- In the event of a faulty or incomplete provision of services provided by third parties within the scope of the order, CE shall not be liable to the customer for this faulty or incomplete provision of the service. Third parties within the meaning of this provision are, e.g. real estate administrations, landlords and moving companies.
§ 3 Prices and payment terms
- The remuneration due to CE depends on the content of the specific order placed by the customer. The remuneration also includes the remuneration for the additional orders given by the customer after the first order has been placed.
- CE waives the presentation and the deduction of value added tax (VAT), so that the reported net prices are understood as final prices. Expenses necessary for the fulfilment of the contract as well as costs for services of third parties, e.g. fees, travel costs and the like, which are not contractually assumed by CE, are to be borne by the customer. Expenses incurred by CE will be charged to the customer. CE reserves the right to ask the customer to pay an advance for these expenses.
- Unless otherwise agreed in writing, 100% of the fee is payable upon placing the order.
- Payments by the customer must be paid by bank transfer to the account mentioned in the invoice. Check payments are not accepted.
- If payment is not received on time, CE is entitled to charge statutory default interest. CE also has the right to wait until the customer has demonstrably transferred the deposit required to the account specified in Section 3 before commencing service. If the customer is a merchant, CE has the right to charge a lump sum of 40.00 Euro for collection costs in the event of default by the customer.
§ 4 Duration of contract, termination
- The contract runs for an indefinite period. The contract ends automatically after the 8th unsuccessful apartment viewing date.
- Both the customer and CE are entitled during the entire duration of the contract to terminate the contract without stating reasons and subject to a period of notice of 10 days and against payment of a fee for the work progress already carried out in accordance with Section 4. CE is also entitled to terminate the contract at any time without notice, if there is good cause. An important reason is, for example, the non-appearance of the customer or his/her guarantor without sufficient excuse for a signing date.
- If the order ends for the reason set out in Section 1 and if there is no termination in accordance with Section 2, the customer shall be required to pay the agreed remuneration in full regardless of the progress of work.
- If the order ends on the basis of a notice of termination, the following fees are due depending on the progress of work:
- When searching for properties, the following percentages of expenses incurred are due: From the 1st viewing: 50%; from the 3rd viewing: 80%; and from the 5th viewing: 100% of the remuneration.
- For all other services, a flat rate of 25% of the agreed total remuneration is due.
§ 5 Customer cooperation
- The customer shall provide CE with the forms, documents, authorisations and information necessary for the execution of the order at his/her own expense in a timely, complete, correct and truthful manner.
- The customer's obligation to cooperate also applies to the performance of appointments or the cancellation of appointments with reasonable lead time. This may include housing inspections, government appointments, collections and returns of documents and the like. In principle, after the second cancellation or the second non-occurrence of a previously agreed date, CE is entitled to additional compensation for the performance of a third appointment. This fee is 80.00 Euro per started hour of additional time.
- Insofar as the customer himself develops activities that have the same purpose as the services of CE, this results in a) no reduction of the remuneration agreed in favour of CE and b) the obligation of the customer to inform CE about his/her respective own activities.
§ 6 Liability
- Except in cases where the customer is a consumer, CE's liability for breaches of contractual obligations is limited to intent and gross negligence. This does not apply to injury to life, body and health of the customer or his/her relatives, claims arising from product liability and claims based on the breach of cardinal obligations, that is, obligations arising from the nature of the contract and the breach of which endangers the achievement of the purpose of the contract.
- Insofar as the liability of CE according to these General Terms and Conditions is excluded or limited, this also applies with regard to the personal liability for damages of employees, representatives and vicarious agents of CE.
- If CE receives access data, identification data and passwords from the customer during the execution of the order, CE is not liable for hacking of this data by third parties. In order to limit the risk of hacking, the customer undertakes to change his/her access data, identification data and passwords after the service has been provided by CE.
- Without prejudice to the provisions of Section 1, CE shall not be liable for any damage inflicted on the customer by third parties (e.g. landlord, neighbour, removal company, telecommunications service provider, energy supplier, public administration).
§ 7 Warranty, right of retention
- The statutory warranty claims apply.
- Except in cases where the customer is a consumer, the limitation period is limited to one calendar year from the conclusion of a service. This does not apply to the violation of life, body and health of the client, claims from product liability and claims for breach of cardinal obligations, i.e. duties arising from the nature of the contract and their breach of the achievement of the purpose of the contract is endangered - also with regard to the personal liability of employees, representatives and vicarious agents of CE.
- The customer is not granted a right of retention. The customer may offset only uncontested or legally established claims.
§ 8 Confidentiality, data protection
- Within the scope of the purpose of the order, CE is entitled to process the personal data entrusted to it by the customer in compliance with the data protection laws or to have it processed by third parties. CE is responsible for the processing of personal data provided by the customer. These data are used on the basis of the consent of the customer, and only for the fulfilment of the contract (“processing purposes“). The data will be stored for the duration required to complete the job. The customer has the right to revoke his/her consent with future effect at any time. The deletion of the stored personal data takes place if the customer revokes his/her consent to the storage, if the knowledge thereof is no longer necessary for the fulfilment of the purpose pursued with the storage or if the storage thereof is inadmissible for other reasons. The personal data provided by the customer will only be passed on to third parties or otherwise transmitted if this is necessary for the fulfilment of the above-mentioned processing purposes and the customer has previously consented.
- Upon written request or by email, CE will provide the customer with a copy of the personal data obtained and stored, free of charge. The written request must be sent to Claudia Eggerth, 5, rue Viète 75017 Paris (France), or to the email address email@example.com. In addition, the customer has the right to correct, delete or limit the processing of his/her personal data, which he can exercise by request to Claudia Eggerth, 5, rue Viète 75017 Paris (France) or via the email address firstname.lastname@example.org.
- The customer has a right of appeal to the relevant regulatory authority if he believes that the processing of his/her personal data is unlawful.
- The customer and his/her family members may only use the documents and working documents provided by CE for their own order-related use and may not make these available or provided to a competitor of CE in Germany or abroad, including international relocation agencies.
§ 9 Applicable law and jurisdiction
- French law applies.
- For judicial disputes, the legal jurisdiction rules apply. If the customer is a merchant, the jurisdiction of the Tribunal de Grande Instance de Paris is agreed for all disputes, regardless of their legal nature.
§ 10 Concluding provisions
- Additional agreements, changes and additions must be made in writing.
- Insofar as any provision of these General Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected.
§ 11 Cancellation policy
- By signing these General Terms and Conditions, the customer, who is a consumer, expressly authorises CE to begin providing the contractually agreed services without waiting for the statutory deadline for exercising the right of withdrawal to expire.
- If the consumer makes use of his/her right of withdrawal, he/she shall owe CE compensation for the services provided by CE until the notification of the withdrawal decision. This fee will be calculated based on time using an hourly rate of 80.00 Euro.