BAT Business Services GmbH, Brückenstraße 5a, 10179 Berlin, (hereinafter referred to as "Contractor") shall provide cleaning services for commercial customers (hereinafter referred to as"Client") for instance via the website www.bookatiger.com. The cleaning services shall be performed by the cleaning staff or sub-contractors of the Contractor. If cleaning staff employed by the Contractor are used, there shall be no lease of personnel in accordance with the German Personnel Leasing Act (AÜG). Rather, the services concern contracts concluded between the Client and the Contractor for mixed types of agreements focusing on service contract law, for the fulfilment of which the Contractor makes use of cleaning staff (or vicarious agents) that are acting under its instructions.
In addition to the performance of cleaning services, the Contractor offers the Client further services such as the sale of cleaning agents and hygienic articles, the provision of foot mats, coffee machines, etc. This extra offer will be continually updated.
§ 1 Scope
The following general terms and conditions (hereinafter referred to as "GTCs") apply to all services offered by the Contractor and products, and for all agreements concluded between the Contractor and the respective Client. Contrary conditions of business/use of the respective Client shall not apply. If individual contrary conditions have been otherwise agreed between the Client and the Contractor, they shall have precedence over the provisions of these GTCs.
§ 2 Conclusion of the contract
(1) All offers of the Contractor are initially non-binding. They are merely requests to issue binding offers by the Client.
(2) The Client shall provide the Contractor with a binding offer upon the conclusion of a contract as per Section 145, BGB (German Civil Code) by clicking on the 'Place booking' button at the www.bookatiger.com platform, for a previously selected service, which is also displayed in summary during the purchasing process. Alternatively, the Client shall provide the Contractor with a binding offer upon the conclusion of a contract, if it agrees to a request of the Contractor by e-mail or telephone.
(3) The Contractor may accept the binding offer of the Client within a reasonable period of time, as per Section 147, BGB (e.g. by sending an email, in which the Client's offer is explicitly accepted, i.e. by an explicit confirmation, or by implication by sending the cleaning plan). The sole confirmation of the Client's offer by the Contractor (e.g. in the form of an automated confirmation email) does not, however, represent a binding acceptance as per Section 147, BGB
(4) If the Client sends an offer to the Contractor's sales team by means of individual communication (e.g. by telephone or email), then this offer is only accepted by the Contractor upon the receipt of the countersigned contractual document.
§ 3 Type and scope of services
(1) The Contractor is bound to execute the services within the scope of the concluded contract, professionally, in a timely and appropriate fashion.
(2) The Contractor shall provide the necessary staff, which may also comprise the provision of staff from partner companies. The Contractor shall ensure that the staff deployed to the respective property possess valid residence or work permits, and that any other registration or identification obligations have been duly met.
(3) The Contractor is obliged to remunerate the employed staff according to the legal minimum wage for building cleaning workers.
(4) The personnel are obliged to only receive instructions about the performance of the services from the Contractor or its authorised agents.
(5) Paragraphs 3.2 - 3.4 also apply to any staff employed by partner / sub-contractor companies.
(1) Any service not listed in the contract or in the Client's order (e.g. special cleaning), shall be offered, purchased, and remunerated separately.
(2) Changes and supplements to orders shall be issued to or/and received solely by the Contractor, not by the staff deployed to the respective property.
§ 5 Confidentiality and data protection
(1) The Contractor is obliged to observe confidentiality about any business and/or trade secrets, as well as all operational conditions which it becomes aware of, even after the expiry of this contract. The personnel it deploys have likewise been instructed in this regard.
(2) The personnel are also to be instructed about the applicable regulations of the Federal Data Protection Law (BDSG).
§ 6 Obligations of the Client
(1) The Client shall provide water (cold and warm), electricity and suitable premises for the storage of materials, equipment, etc. necessary for rendering the service, free of charge.
(2) The Client’s premises to be serviced must be made accessible or vacated for the Contractor's personnel at the agreed scheduled time.
§ 7 Remuneration
(1) The Contractor shall receive remuneration from the Client, for the services to be rendered as per Section 3, in accordance with the contract or the Client's order.
(2) If agreed, the Contractor shall receive remuneration from the Client, for the provision of cleaning agents, in accordance with the contract or the Client's order. The ownership of the consumable materials shall be transferred to the Client upon handover.
(3) The services rendered shall be invoiced on a monthly basis.
(4) Unless otherwise explicitly agreed, all quoted prices are subject to the legally-applicable VAT, and refer to the performance of the offered services on working days, from Monday to Saturday, explicitly excluding all working hours which are subject to a surcharge.
(5) The Contractor reserves the right to increase the agreed prices accordingly, if
a. the price calculation of the underlying hourly rates changes due to a new wage or framework collective wage agreement,
b. the applicable legal provisions for the type of employment, and their consequential costs, change,
c. the social security legislation or their contributions bring forth changes,
d. there are other legal or tax changes.
(6) The respective price increase shall amount to 80% (80/100) of the underlying cost increase factors. The contractual price agreement is subject to the collective wage agreement of the Property Service Workers Union. In the event of questions about whether wage increases exist, the collective agreements of the Property Service Workers Union are authentic.
§ 8 Order execution
(1) The services performed by the Contractor are deemed to have been rendered in accordance with the contract, and accepted, if the respective Client does not submit underlying objections in writing, immediately after the respective service has been rendered (this applies accordingly for one-off or repetitive services of the Contractor), whereby the type, scope, time and place of the asserted objections must be described in detail.
(2) In the event of non-contractual execution, the Client shall, irrespective of the provisions of Section 281, paragraph 2, BGB, provide the Contractor with a reasonable period of time to provide supplementary performance.
(3) If defects are detected by the Contractor in contractually specified services, the Contractor is obliged to provide supplementary performance. There shall be no liability assumed for defects or damages, which arise on improper information provided by the Client about the type and nature of the areas and objects to be cleaned. The same applies if the Client has not taken sufficient precautions to make the premises to be serviced accessible or reachable to the Contractor.
(4) If the defect cannot be reversed or if another supplementary performance attempt is deemed unreasonable, the Client may demand a reduction in the remuneration due or terminate the contract. In the event of a minor contractual violation, in particular minor defects, the Client is not entitled to its right of termination.
§ 9 Liability of the Contractor
(1) The Contractor is liable to the Client in the event of a violation of contractual and non-contractual obligations, generally in accordance with legal provisions. Exceptions to this are the following paragraphs:
(2) The Contractor is only liable for compensation - regardless of legal grounds - in the event of wilful intent and gross negligence.
(3) If a lesser degree of fault exists than gross negligence, the Contractor is only liable, respectively,
a. for damage due to the injury to life, limb or health;
b. for damage due to the violation of material contractual obligations (or the violation of obligations, which have to be fulfilled to allow the appropriate execution of the contract, and on whose fulfilment the Client can regularly rely on and trust [main contract/material contractual obligations]). In these cases, the liability of the Contractor is limited to compensation for the foreseeable damage which would typically occur.
(4) For damage which is verifiably due to services of the Contractor, the Contractor is liable within the scope of the business liability insurance concluded with HDI Versicherung AG.
(5) The liability of the Contractor or its performing and vicarious agents deployed for the fulfilment of its contractual obligations, is based on the regulations of Section 9, paragraph 1 to 4 of these GTCs.
(6) The Contractor is not responsible for third-party content linked to its website or application, and assumes neither liability nor guarantee for the accuracy of correspondingly linked third-party websites. The same applies with regards to the observation of data privacy law provisions and conditions on the linked third party websites.
(7) The Contractor is not liable for damage which is caused by third-party negligence or interruptions in the availability of the website which are not the Contractor's fault (e.g. technical internet problems which cannot be influenced by a party, UMTS transfer, etc.).
(8) The Contractor shall not be liable for damages incurred due to the cleaning products and other products used or offered.
§ 10 Liability and obligations of the Client
(1) The Client shall be liable to the Contractor in the event of a violation of contractual and non-contractual obligations, in accordance with legal provisions.
(2) The Contractor shall not be held liable for damages incurred due to the cleaning products and other products used or offered. To this extent, the Client must explicitly indicate special features and/or characteristics of any and all surfaces, and/or objects etc. to be cleaned, to the Contractor, so that the Contractor is able to adjust the processes and cleaning agents accordingly. Furthermore, the Client shall notify the Contractor accordingly, if certain surfaces, objects etc. which the cleaning staff of the Contractor may come into contact with through the appropriate performance of their duties, are of particular monetary value (e.g. if there are valuable vases, sculptures, paintings etc.). If the Client fails to provide corresponding information, the Contractor shall be liable for any resulting damage only to a limited degree - i.e. when calculating the damage, only the value of a comparable object of average type and quality is to be applied.
§ 11 Germany Employee’s Invention Act (AEntG)
(1) The Contractor is obliged to observe the provisions of the AEntG. This comprises, amongst other things, the payment of the binding, prescribed wage for cleaning workers. The Contractor is obliged to release the Client from its liability to pay the minimum wage.
(2) The Client is permitted to request up-to-date evidence (e.g. time sheets, wage calculations, employee lists) at any time, of the compliance with the AEntG. In the event that the requested evidence is not submitted, the Client reserves the right to withhold due payments.
§ 12 Term of contract/Cancellation/Termination
(1) The contract term begins upon the date when the first service is rendered by the Contractor.
(2) Changes or cancellations of one-off services are free of charge for up to 72 hours before the start of the service. In the event of changes or cancellation submitted less than 72 hours prior to the start of the service, the Client shall be invoiced the full amount quoted in the contract or the Client's order. The same shall apply to cancellations submitted after the start of the service, and to "de facto termination". A "de facto termination" exists if the Client makes it impossible or unreasonable for the Contractor, or its staff, to execute the booked order in accordance with the contract. This includes, in particular, but not exclusively cases in which the address cannot be found due to incorrect or inaccurate information provided by the Client, the Client is not present at the time the order begins and cannot be contacted, or access to the property associated with the booked services is not possible, etc.
(3) The termination right of contracts concluded for an indefinite period of time remains unaffected for both sides, with a period of notice of four weeks. By the end of the termination period, the Client shall be invoiced the price quoted in the contract or the Client's order, in full, for the terminated services.
(4) Contrary to Section 12, paragraph 3, the termination of contracts concluded for a fixed-term of 6 months remains unaffected for both sides, with a period of notice of 3 months to the end of the contractual term. If the contract is not terminated in due form and in due time, the contract is extended by another 6 months. The period of notice for the extended contract is also 3 months to the end of the contractual term.
(5) The basis for the concluded contract is the information provided by the Client. This includes in particular, but not exclusively, details about the type of company, area of the respective property, the frequency of the service, the scope and type of service, the number of employees, the type and quality of the furniture and equipment, etc. The Client assures that all submitted information about the conditions applicable to the performance of the service (type and scope) is correct and complete. If there is discrepancy between the actual conditions prevalent for the performance of the service (type and scope) and those conditions depicted by the Client, in the first 6 weeks of the term of contract, the Contractor is entitled to unilateral right of immediate, extraordinary termination.
(6) The termination must be made in writing.
(7) The option of extraordinary termination as per legal provisions remains unaffected by the cases depicted in Section 12, paragraphs 1 to 6.
§ 13 Non-compete clause
The contract partner is not permitted, during the term of the contract and for up to one year after its conclusion, to engage, directly or indirectly, solicit, agree to perform or perform services of any type that the Contractor can render for any entity who paid or engaged the Contractor for services.
§ 14 Payment
(1) Unless otherwise agreed in writing, all invoices shall be due for net payment, without deductions, immediately upon receipt. Discounts are not recognised.
(1) Payment can also be made directly via the PayPal account of the Client to the PayPal account of the Contractor. For further information about the use of the PayPal payment system, see: http://www.paypal.de.
§ 15 Amendments to the GTCs
In the event of legal grounds (e.g. an alteration to the legal situation, the Supreme Court rulings or market conditions, an extension or adjustment of services etc.) the Contractor is permitted, to amend individual clauses of these GTCs, with future effect, provided these changes are reasonable for the Client. Any changes shall be made only to the degree that is necessary. The Contractor shall notify the Client about any intended amendments at least 8 weeks before they are planned to come into effect, by e-mail, fax or post, and make the amended version of GTCs available. The amendments shall be deemed approved if the Client does not object to them in writing within 6 weeks of the notification. The notification shall contain a reference to the option and the deadline for raising an objection, as well as the meaning or consequences of not objecting. For the receipt of the objection on time, the date of the receipt of the objection by the Contractor is imperative. In the event of a timely objection, both parties have the right to terminate the underlying contract, with effect from the date the new GTCs come into effect.
§ 16 Closing provisions
(1) German law applies exclusively. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are explicitly excluded.
(2) Any amendments, supplements and cancellations of these GTCs must be made in written form in order to be legally valid; this also applies to this written form requirement. No verbal side agreements have been made.
(3) If individual provisions of the contracts concluded in accordance with these GTCs are or become invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. Invalid provisions are to be replaced by provisions that come as close as possible to the content and purpose of the commercial objective of the provisions intended by the parties.
(4) The place of jurisdiction for all disputes resulting from contracts concluded in accordance with these GTCs, between the Contractor and the respective Client, is Berlin.
(5) Only the German version is authentic.
Last updated: 27.11.2017