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Mon. – Fri. 08:00 – 18:00 Gnarrenburger Straße 64
27432 Bremervörde +49 4761 99 600 99 service@personaleinsatz.eu
+49 4761 99 600 99 service@personaleinsatz.eu Mon. – Fri., 06:00 – 22:00
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GTC

General Terms and Conditions

  1. Scope of application, definitions
    1. The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between the

      W & W Personaleinsatz GmbH
      Gnarrenburger Street 64
      27432 Bremervörde

      Phone +49 4761 99 600 99
      E-Mail service@personaleinsatz.eu
      Web https://personaleinsatz-projekte.eu

      Represented by
      Managing Director Julian Wohlan

      Registered office of the company Bremervörde
      Register court local court Tostedt
      Commercial register HRB 207899
      VAT ID No. DE328993651

      (hereinafter referred to as "Broker") and the customers of W & W Personaleinsatz GmbH (hereinafter referred to as "Client" and "Contractor", jointly also referred to as "Parties").
    2. These GTC apply exclusively if the parties are entrepreneurs. Pursuant to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity. The burden of proof lies with the parties.
    3. The broker's GTC shall apply exclusively. If the client or contractor uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if the broker has expressly agreed to them.
  2. Subject matter of the contract
    1. As part of its business purposes, the client uses various subcontractors (contractors) who provide the commissioned service independently under contracts for work and services. The broker specializes in the procurement of such contractors.
    2. These GTC apply to all contracts, in particular framework agreements for the procurement of contractors, agreements on project handling and all supporting services that the parties conclude with the broker with regard to the trades offered by the broker.
    3. The broker arranges European contractors with skilled workers or helpers with the required qualifications in the requested trade. The contractors work under a contract for work and services. The direct contracting parties of the work contracts are the client and the contractor.
  3. Conclusion of contract
    1. The presentation and advertising of the services on the broker's online presence do not constitute a binding offer on the part of the broker to conclude a brokerage contract, but serve to submit a binding offer for a framework contract for brokerage including accompanying agreements.
    2. The estate agent shall contact the client immediately after the client's request and, together with the client, compile the information required for brokerage.
      The client shall specify the request in the brokerage order. Any details provided by the broker in the brokerage order are suggestions made by the broker in order to be able to award the contract in the best possible way. It is the sole responsibility of the client to specify the scope, duration and content of the work as precisely as possible so that a brokerage is possible. The client alone is liable for false, incorrect or incomplete information.
    3. The broker invites tenders for projects corresponding to the brokerage contracts and publishes them on its website. Contractors are free to take on one of these projects as a subcontractor. In this case, the Contractor shall conclude the agreements with the Broker that are necessary for the handling of the project and the further support of the Contractor.
      The broker shall be commissioned to check activity reports, time sheets and acceptance reports and shall issue invoices and collect payments on behalf of the contractor.
    4. The broker shall compile the contractual documents, including the General Terms and Conditions, upon conclusion of the contract in compliance with data protection regulations and send them to the parties in text form (by e-mail) after commissioning.
    5. The contract is concluded exclusively in German.
    6. The parties must ensure that the e-mail addresses and contact details provided by them are correct so that the e-mails sent by the broker can be received under these details. In particular, when using SPAM filters, the parties must ensure that all e-mails sent by the broker can be delivered.
  4. Costs, contractual conditions
    1. Unless otherwise stated in the broker's offer, all hourly rates quoted online are estimated net costs. They may vary slightly depending on the requirements profile and detailed job description. The current daily rates of remuneration, which depend on market developments and availability, are shown with the binding offer of a framework agreement for brokerage. The service recipient is responsible for the taxation of the remuneration in accordance with § 13b :UstG.
    2. The agreed rates include daily allowances, expenses, travel and weekend allowances as well as expense allowances.
    3. The remuneration for performance shall include everything necessary for the proper, complete and timely performance of the service, as well as all costs incurred to fulfill the Contractor's contractual obligation (excluding materials and consumables).
    4. All of the broker's services remain free of charge for the client.
      The contractor shall pay a commission for the broker's services based on the remuneration of the contract for work and services.
    5. All other conditions, such as non-competition, warranty and approvals, place of service provision, accommodation, deadlines and dates, insurance, payment terms, commission regulations, termination or acceptance are set out in the framework agreement for placement and work contract. The documents will be sent to the parties by email prior to commissioning in compliance with the GDPR.
  5. Liability of the broker
    1. The broker shall be liable in accordance with the statutory provisions in the event of intent or gross negligence for injury to life, limb or health. The broker shall have no further liability. The above limitation of liability shall also apply to the personal liability of the broker's employees, representatives and bodies.
    2. The broker assumes no liability for damages incurred by the client as a result of actions or omissions on the part of the contractor.
    3. The client shall indemnify the broker against any liability arising from or in connection with the brokerage of the contractor.
  6. Duty of confidentiality
    1. Business and trade secrets of the parties that have become known to the other party shall be treated as confidential even after the termination of the contractual relationship and may not be disclosed to third parties. The obligation to keep the information secret shall not apply if the receiving party is legally obliged to disclose the information in question by a court decision or order of an authority.
    2. The obligation to maintain confidentiality shall continue for a period of 5 years after termination of the contract.
  7. Data protection
    1. The broker collects and stores the data of the parties necessary for the transaction. When processing personal data, the broker shall comply with the statutory provisions. The broker is entitled to transfer this data to third parties commissioned with the execution of the brokerage, insofar as this is necessary for the fulfillment of the contract. Further details can be found in the privacy policy available online. Upon request, the parties will receive information about the personal data stored about them at any time.
    2. In addition, the statutory data protection regulations apply, in particular the General Data Protection Regulation (GDPR), the new version of the Federal Data Protection Act (BDSG-neu) and the Telemedia Act (TMG).
    3. The broker holds the copyrights to all texts, images and films published on its website (unless otherwise stated in the legal notice). Use of the images, films and texts is not permitted without the express consent of the estate agent.
  8. Final provisions
    1. These GTC and the contractual relationship between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is the registered office of the broker's company in Bremervörde.
    2. There are no verbal or written collateral agreements to the GTC. Amendments or supplements must be made in writing. This also applies to the waiver of the written form requirement.
    3. Should one of the provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of this agreement. The invalid provision shall be replaced by the legally permissible provision that comes closest to the intended purpose. This also applies in the event of an unintended loophole.


Status: September 2023

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