Legal information
General Terms and Conditions – Cleaning Services
Stölting Service Group GmbH (Stölting company/contractor)
These terms and conditions are for viewing purposes only and are subject to change and errors.
Type and scope of the service
Stölting undertakes to perform the services to be rendered under this contract in a proper and professional manner.
Cleaning work shall generally be carried out on normal working days; any deviations from this shall be agreed between the contracting parties.
right to issue instructions
The selection of employees and the right to issue instructions lie solely with Stölting, except in cases of imminent danger. The client shall refrain from integrating Stölting employees into its own operations or issuing them with instructions. In the event of a breach of these obligations, the client shall indemnify Stölting against any disadvantages arising therefrom.
Cleaning agents and equipment
Stölting shall provide the equipment, cleaning agents and care products required for cleaning work in sufficient quantities at its own expense.
Stölting provides your employees with uniform workwear for their assignments.
The client shall provide the water, electricity, paper and rubbish bins, towels and toilet paper required for cleaning, as well as a lockable room, cupboard or similar for storing the cleaning equipment (materials, machines and devices), and shall bear the costs thereof.
lounges
The client undertakes to provide suitable rooms for Stölting employees free of charge. The client shall ensure that all legal and official requirements are complied with when using the rooms and inspecting the property.
key provisions
The keys required for the service must be provided by the client in good time and free of charge.
Execution by other companies
Stölting is entitled to use other companies – licensed in accordance with Section 34a of the German Trade Regulation Act (GewO) – to fulfil its obligations. If these are not companies belonging to the Stölting service group, the client is entitled to withdraw from the contract.
Force majeure
In the event of war or strike, unrest and other cases of force majeure, Stölting may interrupt or appropriately adjust the service if its performance becomes impossible.
In the event of an interruption, Stölting is obliged to reduce the remuneration in accordance with the wages saved for the duration of the interruption.
delay
In the event of late payment, Stölting's performance obligations and your liability shall be suspended without the client being released from payment for the contract period or from the contract itself.
If the client is in default with the acceptance of the agreed contractual services, Stölting may demand compensation in lieu of performance if the legal requirements are met. However, Stölting shall be entitled not to specify the amount of its claim for damages in lieu of performance in detail and instead to claim an amount of 30% of the hourly rate as damages in lieu of performance for each cleaning hour not accepted. The client shall, however, have the right to prove that Stölting has not incurred any damage or has only incurred damage of a lesser amount as a result of the delay in acceptance.
legal successore
In the event of the client's death, the legal successor shall enter into the contract, unless the subject matter of the contract was primarily based on the client's personal interests.
Legal changes affecting Stölting shall not affect the contract.
loyalty clause
The client undertakes not to poach any employees deployed by Stölting to carry out cleaning work at the client's premises during the term of the contract and for six months after termination of the contract, and not to employ them for tasks in its own company. If the client violates this provision, it undertakes to pay a contractual penalty of €3,000 for each employee poached.
Liability and limitation of liability
Stölting shall be liable within the scope of the statutory provisions if the client asserts claims for damages based on intent or gross negligence on the part of Stölting, its representatives or vicarious agents. If the damage is caused by slight negligence, Stölting shall only be liable if essential contractual obligations have been breached.
If Stölting is liable for slight negligence in accordance with paragraph 1, liability shall be limited to foreseeable, average damage typical for this type of contract, with the following maximum liability amounts:
€2,000,000 for personal injury per claim
€1,000,000 for property damage per claim
€200,000 for financial losses per claim
Consequently, all atypical, unforeseeable damage and damage resulting from production-related activities are not eligible for compensation in this area. This includes, in particular, damage that is not related to the services provided by Stölting, such as the assumption of responsibility for gritting in the event of black ice, the operation of sun protection devices or the operation and maintenance of machines, boilers, heating devices, electrical or similar systems.
The above restrictions shall not apply in the event of injury to life, limb or health.
If Stölting uses a motor vehicle belonging to the client, the client is obliged to take out comprehensive insurance with an excess of €500 at their own expense. Stölting's liability for damage to the motor vehicle is limited to this agreed excess of €500. This also applies if the client has not taken out comprehensive insurance contrary to its obligation.
claims for defects
Obvious defects must be reported immediately after completion of the cleaning work. If this is not done, claims for defects are excluded in this respect. Stölting is entitled to rectify the cleaning work at any time.
Claims for non-obvious defects must be asserted against Stölting within one year after the client, its legal representatives or vicarious agents become aware of them.
If negotiations between the client and Stölting regarding the claim or the circumstances giving rise to the claim are pending, the limitation period shall be suspended until one or the other party refuses to continue the negotiations. The limitation period shall commence no earlier than three months after the end of the suspension.
payment of the fee
Unless otherwise agreed, payment for services under the contracts or other flat-rate invoices is due immediately.
The client is only entitled to offset and withhold payment against undisputed or legally established counterclaims.
For services provided on public holidays and on 24 December and 31 December of each year, a standard public holiday surcharge of 100% will be invoiced. Otherwise, surcharges will be charged to the client in accordance with standard or statutory provisions.
price change
In the event of changes in wage costs and ancillary wage costs, in particular as a result of the conclusion of new wage, framework or other collective agreements or changes in the law, the cleaning fee shall increase by the same percentage as the aforementioned costs, plus statutory value added tax. This shall only apply to continuing obligations.
Commencement of contract, contract amendments
The contract shall become legally effective upon receipt of the written order confirmation by the client, but no later than when the agreed service is performed.
Unless otherwise agreed in writing, the contract shall run for two years. If it is not terminated three months before the end of the contract period, the contract period shall be extended by one year in each case.
Ancillary agreements, reservations, additions and amendments to the contract require written confirmation from Stölting to be valid.
contractual validity
Should individual provisions of this contract be invalid, they shall be reinterpreted in such a way that the economic purpose associated with the invalid provision is achieved. The validity of the remaining provisions shall remain unaffected.
Non-participation in consumer arbitration proceedings
Stölting GmbH Reinigung & Service is fundamentally unwilling and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Place of jurisdiction and place of performance
The place of jurisdiction and place of performance for commercial transactions and transactions with persons governed by public law or special funds under public law is Gelsenkirchen.
Notwithstanding the above agreement on the place of jurisdiction, Stölting is also entitled to sue the client at its place of business.
The contractual relationship is governed exclusively by German law.
Changes to the General Terms and Conditions
If these General Terms and Conditions change and Stölting notifies the client of the changes by sending a revised version, the changes shall be deemed to have been approved by the client if the client does not object in writing within one month. Stölting shall expressly refer to this legal consequence when announcing the change. The date of the postmark shall be decisive for the observance of the deadline.
As of May 2019
General Terms and Conditions – Security Services
Stölting GmbH, Security & Service (Stölting company/contractor)
These terms and conditions are for viewing purposes only and are subject to change and errors.
General performance of duties
According to Section 34a of the Trade Regulation Act, the security industry is a licensed trade and provides security services in the form of patrols, separate guard services or special services.
The patrol service is carried out in uniform by individual patrol officers or radio patrol officers. Unless otherwise agreed, checks are carried out on the guarded properties grouped together in guard areas at irregular times during each patrol.
Separate guard duty is usually performed by one or more security guards or gatekeepers who are specifically assigned to one or a few spatially related guarded objects. The individual activities are specified in special service instructions.
Special services include, for example, personnel checks, personal escort and protection services, cash and valuables services, DB AG security posts, the operation of alarm and emergency call centres (service centres) and the provision of cashier, security and supervisory services for exhibitions, trade fairs, events and other services.
The mutual obligations of the client and the Stölting Dienstleistungsgruppe (contractor) shall be agreed in separate contracts.
The contractor provides its services as a service (not temporary employment in accordance with the Temporary Employment Act of 7 August 1972, as amended on 3 February 1995, last amended by the First Act for Modern Services on the Labour Market of 23 December 2002 (Federal Law Gazette I, p. 4607), using its personnel as vicarious agents. The selection of the personnel employed and the right to issue instructions lies with the contracted security company, except in cases of imminent danger.
The contractor is solely responsible for fulfilling all legal, official, social security and occupational health and safety obligations towards its employees.
access regulation
In individual cases, the written inspection regulations/alarm plan shall be solely decisive for the performance of the service. It shall contain the client's instructions and detailed provisions on the patrols, checks and other duties to be performed. Amendments and additions to the inspection regulations/alarm plan require written agreement. Insofar as unforeseeable emergencies require it, the planned checks, patrols and other services may be dispensed with in individual cases.
Keys and emergency addresses
The keys required for the service must be provided by the client in good time and free of charge.
The contractor shall be liable for lost keys and for damage to keys caused intentionally or negligently by service personnel within the scope of Section 10. The client shall provide the contractor with addresses that can be notified by telephone at night in the event of a threat to the property. Changes of address must be communicated to the contractor immediately. In cases where the contractor is required to monitor alarms via connected alarm systems, the client shall specify the order in which notifications are to be made.
complaints
Complaints of any kind relating to the performance of the service or other irregularities must be reported in writing to the property management immediately after discovery so that the contractor can remedy the situation. If notification is not provided in a timely manner, rights arising from such complaints cannot be asserted.
Repeated or gross violations in the performance of the service shall only entitle the client to terminate the contract without notice if the contractor fails to remedy the situation within a reasonable period of time – at the latest within seven working days – after receiving written notification.
contract duration
Unless otherwise agreed in writing, the contract shall run for one year. If it is not terminated three months before the end of the initial term, the contract shall be extended for a further year and thereafter for a further year, etc.
Execution by other contractors
The contractor is entitled, in agreement with the client, to use approved and reliable companies to fulfil its obligations in accordance with Section 34a of the Trade Regulation Act (GewO).
interruption of surveillance
In the event of war or strike, unrest and other cases of force majeure, the contractor may interrupt or appropriately adjust the service if its performance becomes impossible.
In the event of an interruption, the contractor undertakes to reduce the remuneration in accordance with any wages saved during the period of interruption.
Early termination of contract
In the event of the client moving house or selling or otherwise disposing of the contractual property or object, the client may terminate the contractual relationship with one month's notice.
If the contractor gives up the territory, they shall also be entitled to terminate the contract prematurely, subject to a notice period of one month.
legal succession
In the event of the client's death, 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 client's person. The contract shall not be affected by the death, other legal succession or legal change of the contractor.
Liability and limitation of liability
The contractor's liability for property damage and financial loss culpably caused by itself, its legal representatives or its vicarious agents shall be limited to the maximum amounts specified in paragraph (3) if the damage was not caused by intent or gross negligence on the part of the contractor itself, its legal representatives or its vicarious agents, or by culpable breach of essential contractual obligations.
In all cases of slight negligence, the contractor's liability shall be limited to the typical and foreseeable damage in comparable transactions of this kind.
The maximum limits referred to in paragraph (1) are:
€5,000,000 for personal injury and property damage
€1,000,000 for financial losses
Claims for compensation for property damage and financial loss directly against employees are excluded, unless the damage was caused intentionally or through gross negligence or by a breach of essential contractual obligations. In all cases of negligent damage, the liability of employees is limited to the typical and foreseeable damage in comparable transactions.
In accordance with Section 6 of the Security Services Ordinance, the contractor shall have liability insurance. The insurance contract is based without restriction on the General Liability Insurance Conditions (AHB) and the Conditions for Liability Insurance for Security Companies. This insurance cover does not include, in particular, damage that is not related to the actual security service, such as the assumption of the duty to grit in the event of black ice, the operation of sun protection devices, or the operation and maintenance of machines, boilers, heating devices, electrical or similar equipment.
Assertion of liability claims
Claims for damages must be asserted against the contractor within a period of 4 weeks after the claimant, his legal representatives or vicarious agents have become aware of the damaging event. If the amount of the damage cannot be determined within this period, it is sufficient, but also necessary, to assert the claim on the basis of the cause of the damage. Claims for damages that are not asserted within this period are excluded.
The client is also obliged to give the contractor immediate opportunity to make all necessary determinations regarding the cause of damage, the course of damage and the amount of damage, either himself or through agents. Damage expenses incurred as a result of the client's failure to fulfil his above obligations or to do so immediately shall be borne by him.
Liability insurance and proof
The contractor guarantees that liability insurance is in place within the scope of the liability assumed, the limits of which are set out in clause 10. The client may request proof of this insurance.
payment of the fee
Unless otherwise agreed, the fee for the contract shall be paid monthly in advance.
Offsetting and retention of payment are not permitted, except in the case of an undisputed or legally established claim.
In the event of late payment despite a reminder, the contractor's obligation to perform and its liability shall be suspended without the client being released from payment for the contract period or from the contract itself. In all other respects, Section 286 (3) of the German Civil Code (BGB) shall apply.
price change
In the event of changes to or the introduction of new statutory taxes, levies, insurance premiums, vehicle operating costs, wage costs and ancillary wage costs, in particular as a result of the conclusion of new wage, framework or other collective agreements, the remuneration shall be adjusted by the same amount as the change in wage costs, non-wage labour costs and other above-mentioned costs, plus the applicable statutory taxes and levies.
Commencement of contract, contract amendments
The contract shall be binding on the contractor from the moment the client receives the written order confirmation.
Side agreements, amendments, additions or restrictions to the contract must be made in writing.
Non-solicitation clause and contractual penalty
The client is not permitted to induce employees of the contractor to terminate their employment relationship and to establish a new service or employment relationship as self-employed or employed staff of the client. This provision shall remain in force for six months after termination of the contract.
If the client culpably violates the provisions of paragraph 1, they shall be obliged to pay six times the monthly fee as a contractual penalty.
data protection
Data protection is governed by the provisions of the Federal Data Protection Act (BDSG), in particular Sections 27 et seq. BDSG for non-public bodies, as amended.
In particular, Section 5 BDSG (data secrecy) applies.
In the event of non-compliance with data protection regulations, the liability provisions set out in Section 10 shall apply.
Non-participation in consumer arbitration proceedings
Stölting GmbH Security & Service is fundamentally unwilling and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Place of jurisdiction and place of performance
The place of performance is the property agreed in the order/contract. The place of jurisdiction for both contracting parties is Gelsenkirchen. This agreement on the place of jurisdiction also applies expressly in the event that
the party to be sued transfers its registered office, place of residence and/or habitual abode after conclusion of the contract.
Claims arising from the contractual relationship may be asserted by way of summary proceedings.
final provision
If individual provisions of this contract should be legally invalid, they shall be reinterpreted in such a way that the economic purpose associated with the invalid provision is achieved. The validity of all other provisions shall remain unaffected.
