1. Scope of Application
The following General Terms and Conditions shall apply for all legal transactions between the service company Marion Baum Best Relocation and their contractual partners – hereinafter referred to as Customer.
The GTC shall apply for all business relationships of Marion Baum Best Relocation from 01 October 2010 onwards. By entering into contracts on services, the Customer recognises these Terms and Conditions. Agents of Marion Baum Best Relocation shall not be entitled to make any oral subsidiary agreements or to give any warranties which deviate from the current contractual conditions. Deviating arrangements, modifications, amendments, or supplements expressly need to be in writing.
2. Subject Matter of the Contract
2.1. The subject matter of the contract between Marion Baum Best Relocation and the Customer are the individually prepared contracts or confirmations of order, . These contain detailed lists of services and the respective prices and, if applicable, the time frame for the order.
2.2 Marion Baum Best Relocation is entitled to enter into contractual relationships with more than one customer at the same time.
2.3 At no time shall there exist a contract for work and labour.
3. Entering into the Contract
3.1.The contract between Marion Baum Best Relocation and the Customer shall be deemed to be valid at the moment in which Marion Baum Best Relocation expressly confirms the contract or offer in writing. Without such confirmation, any offers by Marion Baum Best Relocation are deemed to be subject to confirmation. The contract shall not become effective if Marion Baum Best Relocation objects within one week from the placing of order by the Customer.
3.1 A contract with Marion Baum Best Relocation shall be deemed to be valid through the delivery of the signed order or the order submission by postal mail, fax or e-mail.
3.3 Upon request, Marion Baum Best Relocation will inform the Customer at regular intervals on the degree of progress of their activities.
4. Duties of the Customer
4.1 The Customer undertakes to use the documents provided by Marion Baum Best Relocation solely for order-related purposes and in particular not to make them available to any competitor of Marion Baum Best Relocation.
In order to ensure an efficient workflow for both parties, the Customer shall make every effort to support Marion Baum Best Relocation to the best of their knowledge with the provision of the respective services by means of the provision of information and disclosures.
4.2 Starting with the placing of an order with Marion Baum Best Relocation, the Customer shall notify the same about all further efforts made in order to find residential accommodation.
5. Duration of the Contract, Termination, Cancellation
5.1 The contract shall start and end on the date which was personally and contractually agreed upon.
Marion Baum Best Relocation may terminate the contract for good cause only. A reason justifying a termination of the contract would in particular be present if the Customer fails to meet their obligations to provide information and therefore prevents the execution of the order or considerably complicates it.
Should it be impossible for Marion Baum Best Relocation to render the contractually stipulated service, then they shall notify the Customer about such fact immediately. The service is then deemed to be terminated.
5.2 In the case of an premature termination of the contract by the Customer, Marion Baum Best Relocation may request a remuneration appropriate to the progress made in the contractual activity amounting as follows:
€ 200.-- following the start of the activities but before the start of the property search.
50% of the remuneration agreed upon following the start of the property search but before the lease has been signed.
80% of the remuneration agreed upon following the signing of the lease.
6.1 There shall be no liability for any services of third parties.
6.2. Marion Baum Best Relocation shall not be liable for the correctness of all information. The information provided by Marion Baum Best Relocation shall not represent legal advice.
6.3 Marion Baum Best Relocation shall not be liable for the correctness of translations and oral transmissions.
6.4 Marion Baum Best Relocation shall not be liable for any time delay with the execution of an order.
6.5 Claims for damages against Marion Baum Best Relocation shall be excluded unless they are based on intentional or grossly negligent behaviour.
The statutes of limitation for the assertion of claims for damages shall be three years. It shall start with the day on which the incident from which the claim arises was committed.
6.6 Legal disclaimer:
The information on this website has been verified with great care. Neither the author of these websites (see “legal notice”) nor third parties accept any liability for the correctness, completeness or topicality of the contents and information. For internet pages of third parties which are linked on these sites via a hyperlink, the respective operators shall be responsible. Marion Baum or her employees shall not be responsible for the content of such pages of third parties.
6.6 Communication via e-mail:
Communication via e-mail may be subject to gaps in security. On their way to us, e-mails can be kept or read by versed internet users, for example. If we receive an e-mail from you, we assume that we are also entitled to answer via e-mail. If not, you need to expressly indicate a different avenue of communication.
7.1 All payments shall be due strictly net within 30 days upon invoicing. In the case of late payment, Marion Baum Best Relocation shall be entitled without further notice to default interest amounting to 2% above the reference interest rate of the European Central Bank. The right to the claim of damages exceeding such amount shall remain unaffected thereof.
7.2 Cash expenditure and additional costs incurring for Marion Baum Best Relocation upon the express request of the Customer will be charged at cost price.
Marion Baum Best Relocation undertakes to not pass any personal data of the Customer on to third parties without the written consent of the latter or to otherwise use such data for their own purposes.
9. Place of Jurisdiction
9.1 German law shall apply exclusively for the business relationship between Marion Baum Best Relocation and the Customer.
9.2 For any legal dispute arising from this contractual relationship, the parties agree on the courts of Hamburg.
9.3 The agreement on jurisdiction shall be valid for both German customers and customers from outside German jurisdiction.
9.4 The exclusive place of performance and jurisdiction for all services and legal disputes shall be the place of business of the service provider Marion Baum Best Relocation.
10.1 Subsidiary agreements to this contract do not exist. Modifications or amendments of this contract need to be made in writing in order to become effective. This shall also apply for the waiver of this requirement of the written form.
10.2 The entire content of the website, i.e. text, logos, photographs, graphics and design are the property of Marion Baum Best Relocation.
It is prohibited to use, permanently download, copy or distribute them in any way. It shall only be permitted to use the information given on the website for personal purposes.
10.2 Should one of the regulations of this contract become invalid, the validity of the remaining contractual regulations shall remain unaffected thereof.