General Terms and Conditions
of Palladium Mobility Group GmbH (PMG)
§ 1 Subject matter of services
PMG provides services for the relocation of the client's employees.
§ 2 Scope of services
The nature and scope of PMG's contractual obligations shall be based on the contractor's written offer and the client's order confirmation in writing or by email. All offers are subject to change until they are accepted. Orders, which include consultations in legal, tax and insurance matters, can generally not be accepted by PMG.
For the representation of the client or the service recipient in legal transactions that may trigger obligations, in particular payment or liability obligations of the client or the service recipient, PMG may, at the express request of the client, suggest expert and knowledgeable partners, whereby in such a case any liability on the part of PMG is expressly excluded.
§ 3 Remuneration, payment method
PMG's remuneration shall be based on the scope of services stipulated in the offer and the order confirmation.
Additional services ordered after conclusion of the contract shall be invoiced separately according to the time spent or the agreed lump sum and shall require reconfirmation by the client before they are performed in accordance with § 2. Expenses are to be reimbursed separately against proof.
Brokerage commissions are neither included in the services of PMG nor are they to be disbursed by PMG.
Unless otherwise agreed, payments shall be made after completion of the order.
PMG's claim to remuneration shall exist independently of any further claims for commission directed against the client by third parties. This applies in particular to claims that arise as a result of the client's own activities.
In principle, PMG does not owe the success of the accepted orders, e.g. in the search for an apartment.
§ 4 Obligations of the client
The client undertakes to procure all documents, records and information necessary for PMG's performance of the contract at its own expense and to make them available to PMG in a timely and complete manner.
In the case of the search for housing for the client's employees, the client shall disclose all other efforts to find property to PMG and coordinate them with PMG from the time the order is placed with PMG. The client will influence the employee to keep appointments or to cancel them with reasonable advance notice.
§ 5 Contract duration, termination, cancellation fees
The duration of the contract is determined by the placement of the order. The client may terminate the contract without notice. PMG may terminate the contract for good cause. An important reason entitling PMG to terminate the contract exists in particular if the client violates its obligations specified in § 4 and the execution of the order is made impossible or significantly more difficult as a result.
In case of any premature termination of the contract, PMG may demand remuneration according to the progress of work in the following amount:
- 30% of the agreed total remuneration after commencement of work with the service recipient, but before the start of the property search;
- 50% of the agreed total remuneration after the start of the object search, but before the signing of the lease agreement;
- 80% of the agreed total remuneration after signing the lease agreement
- upon agreement during the handling of the authority procedures.
This regulation does not apply if the client can prove that no expense or damage has been incurred at all or that it is significantly lower than the above remuneration.
§ 6 Liability
PMG shall not be liable for damages, regardless of the legal grounds, unless these
- result from the absence of a warranted characteristic or
- are caused by culpable breach of an essential contractual obligation (cardinal obligation) by PMG in a way that endangers the achievement of the purpose of the contract or
- are due to gross negligence or intent on the part of PMG.
Liability for services of third parties who are not vicarious agents of PMG is excluded. Third-party information is provided to the best of PMG's knowledge and belief. Any liability for the accuracy of this information by PMG is excluded. Insofar as liability on the part of PMG is justified, such liability shall be limited to the amount of the agreed order sum as well as to such damages as may typically be expected to occur within the scope of this contract. Translations or oral transmissions into other languages are not part of the contractual scope of services. Insofar as PMG nevertheless undertakes such translations at the request of the client, PMG shall not be liable for their correctness
§ 7 Right of retention
The assertion of a right of retention according to § 273, 320 BGB by the client is excluded. The Client may only set off claims that are undisputed or have become res judicata.
§ 8 Data privacy
PMG commits itself not to pass on personal data of the client and the service recipient to third parties or to use them in any other way for its own purposes without the written consent of the person concerned. The data protection provisions of PMG shall apply in their latest version.
§ 9 Various regulations
There are no ancillary agreements to the service contract. Amendments or supplements to the contract must be made in writing to be effective. This also applies to the cancellation of this formal requirement.
The place of jurisdiction for any disputes arising from this contractual relationship shall be Duesseldorf.
This contract and its interpretation shall be governed exclusively by German substantive law.
Should any provision of the service agreement be invalid, this shall, in accordance with the intention of the parties, in case of doubt have no effect on the validity of the remaining provisions of the agreement.