General Terms and Conditions

1. scope of application

(1) These General Terms and Conditions (hereinafter: GTC) apply to all business relationships between the Client and the security company (hereinafter: Company).

(2) The mutual obligations of the client and the company shall be agreed in special contracts.

(3) These GTC shall apply exclusively. Deviating, conflicting or supplementary GTC of the client shall only become part of the contract if and to the extent that the company has expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if the company carries out the work assigned to it without reservation in the knowledge of the client's GTC.

2. general execution of service

(1) The security industry is a trade requiring a license in accordance with § 34a of the Trade, Commerce and Industry Regulation Act (GewO). Security services can be provided as intervention services, patrol services, property protection services, plant security services or other security services.

(2) The company performs its activities as a service (as a rule, no temporary employment in accordance with the German Temporary Employment Act - AÜG), whereby it uses its personnel as vicarious agents. The selection of the personnel employed and the right to issue instructions lies with the contracted company - except in cases of imminent danger.

(3) The company is solely responsible for fulfilling all legal, official, social, labor, collective bargaining and trade association obligations towards its employees.

3. access regulation

In individual cases, only the inspection instructions / alarm plan shall be authoritative for the performance of the service. In accordance with the client's instructions, it contains the more detailed provisions on the tours, checks and other services that must be carried out. Amendments and additions to the inspection regulations / alarm plan must be agreed in text form. If unforeseeable emergencies make it necessary, planned inspections, tours and other services may be waived in individual cases.

4. keys and emergency addresses

(1) The keys required for the service must be provided by the client in good time and free of charge.

(2) The Company shall be liable for lost keys and for damage to keys caused intentionally or negligently by the service personnel within the scope of Section 11. The Client shall provide the Company with the addresses that can be notified by telephone at night if the property is at risk. The company must be informed immediately of any changes of address. In cases in which the company has to carry out alarm tracking via connected alarm systems, the client must arrange the notification sequence.

(3) The term “key” used here also includes any other object for opening and closing a device that is used to allow selected persons access to certain areas and to deny access to other persons.

5. complaints

(1) Complaints of any kind relating to the performance of the service (such as failure to commence the service, delays, poor performance of the agreed security services, etc.) must be reported to the company's management in text form immediately after discovery. However, a breach of the obligation to report complaints immediately shall not result in the loss of claims by the client.

(2) Repeated or gross violations in the performance of the service shall only entitle the customer to terminate the contract without notice if the company fails to remedy the situation within a reasonable period of time - at the latest within seven working days - after notification in text form, insofar as this is possible and reasonable for both contracting parties.

6. order duration

(1) Unless otherwise agreed in text form, the contract shall run for one year. If the client is an entrepreneur and the contract is not terminated at least three months before the end of the initial term, the contract shall be extended by a further year and then by a further year, etc.

(2) There is a right of termination in each case 3 months before the end of the annual extension.

(3) If the client is a consumer and the contract is not terminated at least one month before the end of the initial term, the contract shall be extended for an indefinite period. The consumer may terminate the extended contractual relationship at any time with one month's notice.

7. execution by other companies

(1) The company is entitled, in agreement with the client, to use companies that have a trade license in accordance with § 34a GewO and are reliable to fulfil its obligations.

8. interruption of surveillance

(1) In the event of war, strikes, riots, pandemics and other cases of force majeure, the company may interrupt the service to the extent that it becomes impossible to perform, or change it accordingly.

(2) In the event of an interruption, the company is obliged to reduce the remuneration in accordance with any wages saved for the period of the interruption.

9. early termination of contract

(1) The contractual relationship may be terminated by either party with one month's notice if the client moves, sells or otherwise gives up the contractual property or object.

(2) If the company gives up the territory, it is also entitled to terminate the contract prematurely subject to a notice period of one month.

10. legal succession

(1) In the event of the death of the client, the legal successor shall enter into the contract, unless the subject matter of the contract was primarily based on personal interests, in particular the protection of the person of the client. The contract shall not be affected by death, other legal succession or a change in the legal form of the company.

11. Liability and limitation of liability

(1) The liability of the company for property damage and financial loss in cases of slightly negligent damage caused by a legal representative or a vicarious agent is limited to the typical and foreseeable damage in comparable transactions of this type. Liability for other cases of culpable causation of property damage and financial loss remains unaffected.

(2) The liability of employees for property damage and financial loss in cases of slightly negligent damage is also limited to the typical and foreseeable damage in comparable transactions of this type (contract in favor of third parties). Liability for other cases of culpable causation of property damage and financial loss shall remain unaffected.

(3) Liability for personal injury remains unaffected. The limitations of paragraphs 1 to 2 shall only apply to property damage and financial loss.

12. assertion of liability claims

(1) Claims for damages must be asserted against the company within a period of 3 months after the claimant, his legal representatives or vicarious agents have become aware of the damaging event. If the amount of the damage cannot yet be determined within this period, it is sufficient, but also necessary, for the damage to be asserted on the merits. Claims for damages that are not asserted within this period are excluded. This does not affect the assertion of claims for damages due to personal injury or due to intentional or grossly negligent breaches of duty.

(2) Furthermore, the client is obliged to immediately give the company the opportunity to make all necessary determinations regarding the cause of the damage, the course of the damage and the amount of the damage itself or through authorized representatives. Damage expenses incurred as a result of the client not fulfilling its above obligations or not fulfilling them immediately shall be borne by the client.

13. liability insurance and proof

The company is obliged to take out liability insurance within the scope of the liability assumed. The client may request proof that such insurance has been taken out. The sums insured are specified in the Ordinance on the Security Industry (BewachV) in the version dated May 3, 2019 (BGBl. I p. 692).

14. payment of the fee

(1) The company shall invoice the client for the agreed remuneration for the provision of the service. The amount shown is then to be paid by the client within fourteen days of invoicing without any deductions, unless otherwise contractually agreed.

(2) Offsetting and retention of payment is not permitted unless there is an undisputed or legally established claim. This restriction of the right of set-off shall not apply if the monetary claim for set-off arises from a claim for which the client could or could have withheld payment.

(3) In the event of default in payment despite a reminder, the Company's obligation to perform and its liability shall be suspended without the Client being released from payment for the contractual period or from the contract altogether. Otherwise, § 286 para. 3 BGB shall apply.

15. price change

(1) In the event of a change / new introduction of statutory taxes, levies, insurance premiums, vehicle operating costs, wage costs and ancillary wage costs, in particular due to the conclusion of new wage, framework or other collective agreements which lead to an increase in the costs of the agreed service, the Company shall be entitled to change the remuneration by the same amount by which the hourly rate for the execution of the order has changed due to the change in wage costs, ancillary wage costs and other aforementioned costs, plus the applicable statutory taxes and levies.

16. start of contract

(1) The contract shall be binding from the time at which the client receives the order confirmation in text form.

17. non-solicitation clause and contractual penalty

(1) The client is not permitted to cause employees of the company to terminate their employment relationship and to establish a new service or employment relationship as an independent or dependent employee of the client. This provision shall continue to apply for six months after termination of the contract.

(2) If the client culpably violates the provisions of paragraph 1, he shall be obliged to pay the company a contractual penalty for each case of violation, to be determined by the company at its reasonable discretion, the appropriateness of which is to be reviewed by the competent court in the event of a dispute.

18. data protection

(1) The provisions of Regulation (EU) 2016/679 (General Data Protection Regulation (GDPR)) and the German Federal Data Protection Act (BDSG), as amended, shall apply to the processing and protection of personal data within the scope of the contractual relationship.

(2) In particular, Art. 5 para. 1 lit. f), Art. 28 para. 3 GDPR (integrity and confidentiality of data) and Art. 12 et seq. GDPR (information obligations).

19. place of jurisdiction and place of performance

(1) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction shall be the registered office of the company's management. This agreement on the place of jurisdiction shall also expressly apply in the event that

a) the party to be sued moves its registered office, place of residence and/or habitual abode after conclusion of the contract;

b) claims arising from the contractual relationship are asserted by way of dunning proceedings.