Angaben nach § 5 TMG
von Wrede Relocation
Goethestr. 32 14163 Berlin Germany
Email: firstname.lastname@example.org Tel: +49 179 666 19 62
Vertreten durch Jessica von Wrede
Inhaltlich verantwortlich gem. § 55 II RStV: Jessica von Wrede (Anschrift s.o.)
We are delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for von Wrede Relocation. The use of the internet pages of von Wrede Relocation is possible without any indication of personal data.
General Terms and Conditions
This is a translation from the original German document. Only the German original is legally binding.
1. Subject of Performance
The following General Terms and Conditions apply to all legal transactions that von Wrede Relocation , Goethestr. 32, 14163 Berlin (“von Wrede Relocation”) concludes with contractual partners ("Principal"). The subject of the contract are services from the field of relocation and immigration in the context of the change of residence of private clients or of employees of the Principal ("Service Recipient") , included are among other things, visa and residence permit applications, housing search, accompaniment to authorities, daycare and school search as well as assistance with administrative matters. Von Wrede Relocation may use independent third parties or its own employees to fulfill the contract.
Von Wrede Relocation does not provide legal or tax advice, nor does it provide services that require a license, such as brokerage or activities in accordance with the Legal Services Act (“Rechtsdienstleistungsgesetz”). Contracts for the services offered are concluded exclusively on the basis of these General Terms and Conditions in the version valid at the time of conclusion of the contract.
Any general terms and conditions of the client that deviate from von Wrede Relocation's General Terms and Conditions shall not apply unless von Wrede Relocation consents to them in writing. This requirement of consent shall apply in all cases, for example even if von Wrede Relocation provides services in the knowledge of the client's general terms and conditions.
2. Conclusion of Contract
Contracts shall be concluded in writing or in text form (email). A contract shall not be concluded until the client confirms in writing or in text form the scope of the order on the basis of von Wrede Relocation's quote most recently made known to the client.3. Remuneration, Method of Payment, Default of Payment
von Wrede Relocation's remuneration shall be based on the respective order placed and the scope of services booked. Additional services ordered after conclusion of the contract shall be charged separately. Third-party services, such as mailing, official fees, or a broker's fee, are neither included in the services provided by von Wrede Relocation nor are they necessarily to be advanced by von Wrede Relocation.
von Wrede Relocation shall be entitled to invoice 30% of the agreed fee as a down payment when the order is placed and to invoice the remaining 70% at the end of the order. Payment terms: 30 days. The end of the order is considered to be the complete provision of the agreed service. In the case of the search for accommodation or kita/ school search, this is the conclusion of a contract by the Principal/ Service Recipient or the existence of a contract offer that meets the search criteria, even if the latter is rejected by the Principal/ Service Recipient. If the total number of agreed viewings has been carried out and/or the Principal/ Service Recipient has not attended the viewing, the search shall also be deemed to have been completed.
von Wrede Relocation's claim to remuneration is independent of any further commission claims made against the client by third parties. This applies in particular to claims that arise as a result of the client's own activities.
4. Obligations of the Principal
The Principal undertakes to procure all documents and information necessary for the performance of the contract by von Wrede Relocation at his own expense and to make them available to von Wrede Relocation in a timely and complete manner. This shall also apply to any necessary updating of documents or information.
The Principal undertakes to keep appointments or cancel them 24 hours in advance.
5.Contract Duration, Termination, Cancellation
The duration of the contract depends on the order being placed. The Principal may terminate the assignment prematurely in writing. Von Wrede Relocation may terminate the assignment for good cause only. An important reason entitling von Wrede Relocation to terminate the contract shall be deemed to exist in particular if the Principal violates his obligations as set out in § 4 and has thereby rendered the performance of the contract impossible, significantly impeded, or delayed it.
In the event of premature termination of the contract, any settled/already paid fees shall remain with von Wrede Relocation.
In all other respects, von Wrede Relocation may bill according to the progress of work as follows:
In the case of home searches:
50% of the agreed total remuneration if von Wrede Relocation has already started its work, i.e. if contact has been made by email or via another medium between von Wrede Relocation and the Principal/ Service Recipient and von Wrede Relocation has started advising the Principal/ Service Recipient, in particular instructing him/her which documents to submit.
80% of the agreed total remuneration after the start of the property search. The object search begins as soon as the Principal/ Service Recipient is in contact with von Wrede Relcoation and a first exchange of information has taken place by email or via another medium. This 80% is also due if the Principal/ Service Recipient does not provide all necessary documentation as agreed. In the event of a successful search, 100% of the agreed total remuneration is due in any case, regardless of the number of properties viewed.
For visa and residence permit cases:
50% of the agreed total remuneration if von Wrede Relocation has already started its activity, that is, if a contact has been made by email or other medium between von Wrede Relocation and the Principal/ Service Recipient and the Principal/ Service Recipient is aware of the requirements related to his documents.
100% of the agreed total remuneration after the support service has been provided for the application for a visa as well as the issuance of the visa by the German mission in the respective country of origin of the Principal/ Service Recipient. The same applies after the support service has been provided for the application for a residence permit as well as the issuance of a residence permit by the foreigner’s authority in Berlin.
For all other services the following applies:
50% of the agreed amount for each booked individual service after contacting the Principal/ Service Recipient and commencement of the service.
Late payment occurs when the due date specified in the invoice is exceeded. In the event of late payment, von Wrede Relocation is entitled to payment of a flat rate of EUR 40 in accordance with § 288, Paragraph 5, Sentence 1 of the German Civil Code (BGB). In the event of late payment, von Wrede Relocation is authorized to refuse to provide services (right to refuse performance).
In the event of a slightly negligent breach of duty, the liability of Wrede Relocation and its vicarious agents is limited to the foreseeable, contract-typical, direct average damage for the type of goods. Von Wrede Relocation and its vicarious agents are not liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the execution of the contract. The above limitations of liability do not apply to claims based on physical injury, damage to health, or loss of your life.
If the client is an entrepreneur within the meaning of § 14 BGB, Wrede Relocation is liable for intent and gross negligence. Furthermore, von Wrede Relocation is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the client can regularly rely. In the latter case, von Wrede Relocation is only liable for foreseeable, contract-typical damage. If Wrede Relocation negligently breaches an essential contractual obligation, the obligation to pay compensation for property damage is limited to the compensation provided by the liability insurance taken out by Wrede Relocation. von Wrede Relocation is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences. To the extent that liability of Wrede Relocation is excluded or limited, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents. The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under product liability law remains unaffected.
Documents that von Wrede Relocation provides to the Principal, their employees, or other authorized persons (in particular real estate exposés) may not be passed on to third parties. In particular, the purchase or rental of a property is carried out exclusively by the person who originally provided the documents. The Principal is liable to Wrede Relocation for the appropriate use of the information material.
Liability for services provided by third parties who are not vicarious agents of von Wrede Relocation is excluded. Third party information is passed on to the best of our knowledge and belief. von Wrede Relocation assumes no liability for the accuracy of this information. To the extent that von Wrede Relocation is liable, this liability is limited to the amount of the agreed order sum and to such damages that are typically expected to arise within the scope of this contract. Translations or oral transmissions into other languages are not part of the contractual scope of services. If von Wrede Relocation carries these out at the request of the client, von Wrede Relocation is not liable for their accuracy.
7. Legal Status of the Contractual Partners
von Wrede Relocation acts as an independent company for the client.
Wrede Relocation may use independent third parties or its own employees to fulfill the contract.
8. Right of Retention; Set-off
The assertion of a right of retention in accordance with § 273, 320 of the German Civil Code (BGB) or offsetting by the Principal shall be excluded in principle. The Principal may only offset/exercise a right of retention with undisputed or legally established claims.
9. Data Protection and Confidentiality
von Wrede Relocation treats data and information about the Principal confidential.
Insofar as von Wrede Relocation is provided with personal data by the Principal, the Service Recipient and their families, von Wrede Relocation will only use and process such data to the extent necessary for the performance of the contractual services. These obligations also extend beyond the termination of the order.
The legal basis for such processing is Article 6, Paragraph 1, Sentence 1, Letter b) GDPR.
The Principal is obliged to ensure, in relation to its own employees, by means of suitable agreements that a transfer of personal data to von Wrede Relocation for the performance of the commissioned services is lawful.
von Wrede Relocation shall disclose the personal data received from the Principal to third parties to the extent necessary for the performance of the contract, such as to authorities in the course of visa and residence permit applications, to childcare/ schools, or for the filing and processing of other official applications, as well as to real estate agents and landlords in the course of the search for accommodation.
The parties undertake to treat as confidential all confidential matters of which they become aware in the course of the preparation, execution, and performance of the contract, in particular business or trade secrets and other information of the other party to the contract designated as confidential, insofar as the disclosure of information is not necessary for the proper performance of the contractual obligations. The parties shall oblige their own employees to maintain confidentiality in a corresponding manner. Insofar as von Wrede Relocation uses independent third parties in individual cases to fulfill the contract, these third parties shall act as order processors of von Wrede Relocation bound by instructions.
The statutory warranty claims apply.
If the Principal is an entrepreneur within the meaning of § 14 BGB, the following applies to the Principal's warranty claims: Obvious defects must be reported to von Wrede Relocation in writing immediately, at the latest within 14 calendar days after delivery of the goods; hidden defects must also be reported immediately, at the latest within within 14 calendar days of their becoming known. If the defect is not reported in a timely manner, the Principal's warranty rights in relation to the defect not reported in a timely manner are excluded. However, this does not apply if von Wrede Relocation has fraudulently concealed the defect and/or provided a corresponding guarantee. Warranty claims, except in the case of claims for damages, expire within one year of delivery of the purchased item to the entrepreneur.
11. Applicable law, Place of Jurisdiction
Applicable law is the law of the Federal Republic of Germany. The place of performance and exclusive place of jurisdiction for disputes arising from or in connection with this contract shall be Berlin. This also applies if the Principal does not have a place of residence within the European Union.
12. Final Provisions
Should individual provisions of the above General Terms and Conditions or of the contract be or become invalid, this shall not affect the validity of the remaining provisions. The parties shall replace the legally ineffective clause with one that comes as close as possible to what was originally intended in economic and legal terms. Should the contract contain a loophole, the parties shall close this loophole by an agreement which they would have made if they had ascertained the existence of this loophole before concluding the contract. § Section 139 of the German Civil Code is waived in its entirety.
Berlin, November 2023