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CONTACT INFO

Telefon:
+49 391 625470
E-Mail:
info@ggpadel.de
WhatsApp:

Telephone:
+49 391 625470
Email::
info@ggpadel.de
WhatsApp:

Terms and Conditions

Für die Erbringung von Dienstleistungen von Padel GG GmbH, Padel GG GmbH, Carmerstrasse, 11, 10623 Berlin, E-Mail: info@ggpadel.de (nachfolgend „Auftragnehmer“) gegenüber seinen Kunden (nachfolgend „Auftraggeber“)

1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor with the inclusion of these GTC.

1.2 The contractor is entitled, in his own name and on his own account, to subcontract the required services to subcontractors, who may in turn use their own subcontractors. The contractor remains the sole contractual partner of the client. Subcontractors will not be used if it is evident to the contractor that their use would conflict with the legitimate interests of the client.

1.3 Insofar as other contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over these GTC in the event of a conflict.

1.4 The contractor does not recognize any GTC deviating from these terms and conditions that are used by the client, unless expressly agreed otherwise.

2.Subject Matter of the Contract and Scope of Services

2.1 The contractor, acting as an independent entrepreneur, shall provide the following services to the client:

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2.2 The specific scope of services is subject to individual agreements between the contractor and the client.

2.3 The contractor shall perform the contractual services with the utmost care and diligence according to the latest standards, rules, and knowledge.

2.4 The contractor is obligated to provide the contractually owed services. However, in carrying out his activities, he is not subject to any instructions regarding the manner of performance, the place of performance, or the time of performance. He will, however, schedule the working days and the allocation of time on these days in such a way that optimal efficiency is achieved in his activities and in the realization of the contract’s objectives. The contractor’s performance is carried out only in consultation and coordination with the client.

3.Duties of Cooperation by the Client

The client is responsible for providing the information, data, and other content necessary for the fulfillment of the service completely and correctly. The contractor is not responsible in any way for delays in service delivery caused by the client’s late or necessary cooperation; the provisions under the heading “Liability/Indemnification” remain unaffected by this.

4. Compensation

4.1 The remuneration is agreed upon individually in the contract.

4.2 The remuneration is to be paid after the performance of the services. If the remuneration is based on time periods, it is to be paid after the expiration of the individual time periods (§ 614 BGB). In the case of effort-based billing, the contractor is entitled, subject to any differing agreements, to bill the services provided on a monthly basis.

4.3 The contractor shall issue an invoice to the client after the services have been provided, either by mail or by email (e.g., as a PDF). The remuneration is due for payment within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The contractor is liable, without limitation and on any legal basis, for intent or gross negligence, for intentional or negligent injury to life, body, or health, based on a promise of guarantee, unless otherwise regulated in this regard or due to mandatory liability. If the contractor negligently breaches a fundamental contractual obligation, liability is limited to typical, foreseeable damage under the contract, unless unlimited liability applies according to the preceding sentence. Fundamental contractual obligations are those duties that the contract imposes on the contractor according to its content to achieve the contract’s purpose, the fulfillment of which enables the proper execution of the contract in the first place, and upon whose compliance the customer may regularly rely. Otherwise, the contractor’s liability is excluded. The aforementioned liability provisions also apply with regard to the contractor’s liability for its agents and legal representatives.

5.2 The client indemnifies the contractor against any claims of third parties made against the contractor due to the client’s violations of these contractual conditions or applicable law.

6. Contract Duration and Termination

6.1 The parties agree individually on the duration of the contract and the notice periods for ordinary termination.

6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.

6.3 Upon termination of the contract, the contractor must promptly either return or destroy all documents and other contents provided to him, at the customer’s choice. Any right of retention regarding these documents is excluded. Electronic data must be completely deleted. Documents and data subject to longer statutory retention periods are exempted, but only until the end of the respective retention period. Upon request, the contractor must provide written confirmation of the deletion to the company.

7. Confidentiality and Data Protection

7.1 The contractor shall treat all matters coming to his knowledge in connection with the contract strictly confidential. The contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the contractual information. The obligation of confidentiality shall apply indefinitely beyond the duration of this contract.

7.2 The contractor undertakes to comply with all data protection regulations in the execution of the contract, in particular the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

8. Final Provisions

8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.

8.2 Should any provision of these terms and conditions be or become invalid, the validity of the remaining terms and conditions shall not be affected thereby.

8.3 The client shall support the contractor in the performance of their contractual services through appropriate cooperation actions, as necessary. In particular, the client shall provide the contractor with the information and data necessary for the fulfillment of the contract.

8.4 If the client is a merchant, a legal entity under public law, or a special fund under public law, or if the client does not have a general place of jurisdiction in Germany, the parties agree that the contractor’s place of business shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected.

8.5 The contractor is entitled to amend these terms and conditions for objectively justified reasons (e.g., changes in case law, legal framework, market conditions, or business or corporate strategy) and with a reasonable notice period. Existing customers will be notified by email at least two weeks before the amendment takes effect. If the existing customer does not object within the deadline set in the notification of the amendment, their consent to the amendment shall be deemed granted. If they object, the amendments shall not take effect; in this case, the contractor is entitled to terminate the contract with immediate effect upon the entry into force of the amendment. The notification of the intended amendment to these terms and conditions shall indicate the deadline and the consequences of objection or failure to object.

9. Information on Online Dispute Resolution / Consumer Mediation

The EU Commission provides an online platform for dispute resolution, which you can access via the following link: https://ec.europa.eu/consumers/odr/main /index.cfm?event=main.home.chooseLanguage

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obligated to participate in a consumer dispute resolution procedure under the VSBG.

You can find our email address in the header of these terms and conditions.