International Concierge Service
General Terms and Conditions for Services of Minga VIP UG (haftungsbeschränkt)
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all present and future legal relationships between Minga VIP UG (haftungsbeschränkt) (hereinafter referred to as “Minga VIP”) and the clients (hereinafter referred to as “client” or “clients”), unless otherwise agreed in accordance with these GTC. In particular, the GTC apply to contracts for the provision of services or business errands as well as for the provision of services in fulfilment of such contracts. 1.2.
1.2 The range of services offered by Minga VIP is aimed at entrepreneurs and consumers. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity with whom business relationships arise in the exercise of their independent professional or commercial activity.
1.3 General terms and conditions of the customer, insofar as they deviate in content from these GTC and/or contain additional regulations and insofar as they are not expressly recognised in writing by Minga VIP, are not binding for Minga VIP, even if they have not been expressly contradicted. If a customer refers to an agreement not confirmed in writing by Minga VIP and deviating from these GTC, he must prove this in the event of dispute.
1.4 Minga VIP has the right to amend these GTC to a reasonable extent according to the following conditions:
Changes to essential regulations affecting the main obligations of Minga VIP, in particular the type and scope of the service as well as the term and termination of the contract, are excluded from this. Minga VIP will notify the customer in writing of changes to these GTC with effect for the future due to changes in the legal situation or supreme court rulings, market conditions or for other reasonable reasons. The customer can object to the change or extension of these GTC within a period of six weeks. If the customer does not object or does not object in due time, the amended GTC shall apply exclusively after the end of the aforementioned objection period. If the customer objects in due time, Minga VIP is entitled to terminate the contractual relationship with six weeks’ notice.
2. order acceptance and contract conclusion
2.1 The services of Minga VIP described on the homepage (www.minga-vip.com) or in other advertising or communication media only represent the possibility for the customer to make an offer to Minga VIP for the provision of services with a concrete description of the expected services (“invitatio ad offerendum”). A contract is only concluded when Minga VIP accepts the offer in writing. The acceptance of the offer must be made expressly and in writing by fax, email or other mobile or internet-based written communication channels (e.g. SMS or WhatsApp), by Minga VIP. (hereinafter referred to as “order confirmation”). The request is also deemed accepted if Minga VIP actually provides the requested services without reservation (implied acceptance). Minga VIP is not obligated to accept an offer of the customer by order confirmation or by performance of services.
2.2 The obligation of Minga VIP to perform is subject to the complete, correct and timely delivery of all necessary information, documents, information, data and details which are necessary for the proper execution of the order (cf. Clause 6.1).
2.3 General information on services, in particular on the homepage, such as illustrations, service descriptions, etc., are only approximately authoritative, unless individual details are expressly designated as binding or were assured in the order confirmation.
3 Subject matter of the contract and services
3.1 Within the scope of its services, Minga VIP offers both the provision of services and business errands or comparable services for the time and cost efficiency of the customers (hereinafter referred to as “services”), as well as the mediation of services and/or purchase and/or work and/or travel contracts (hereinafter referred to as “third-party services”) by third-party providers. In addition, concierge services are offered. This includes, in particular, individual activities for the client in the form of personal support and advice as well as personal assistance (hereinafter referred to as “concierge services”), the scope of which is specified in the order confirmation.
3.2 In the order confirmation Minga VIP shall note whether the contractual services are provided by itself. Regardless of the mediation service, however, the customer has no claim to the actual conclusion of a contract between him and a third-party provider.
3.3 Insofar as Minga VIP provides services itself, Minga VIP shall make these available to the customer to the extent specified in the order confirmation. The details of the scope of the order including any general conditions or budget specifications are stated in the order confirmation.
3.4 If and insofar as third-party services are arranged, which is particularly the case with the arrangement of hotel rooms, flights and private jets and with the arrangement of business contacts, Minga VIP does not itself become a contractual partner of the customer. The contractual relationship exists with the successful mediation exclusively between the customer and the third party provider. The fulfilment of the mediated third-party services also takes place exclusively between the customer and the third-party provider. In this respect, the respective agreements made between the customer and the third party provider, in particular the latter’s general terms and conditions, also apply exclusively to the provision of third-party services. Minga VIP hereby points out that the customer must familiarise himself with the respective general terms and conditions of the third-party provider. There is no obligation for Minga VIP to check the general terms and conditions or regulations of the third-party provider for their legality and effectiveness. Rather, the customer has the obligation to independently review the general terms and conditions or regulations of the third-party provider.
3.5 Unless expressly agreed otherwise, Minga VIP does not give any assurance that the selection of the third-party provider made by Minga VIP is the comparatively most cost-effective third-party service offer available. Likewise, the customer is aware that due to availability bottlenecks third party services are to be remunerated in individual cases at a higher price than that which the third party provider itself claims from third parties (this applies in particular to entry or attendance certificates).
4. Remuneration, terms of payment and due date
4.1 The remuneration shall be agreed individually with the client. The amount of the remuneration and/or the calculation factors on which the calculation of the remuneration is based, insofar as necessary, are specified in the order confirmation. The brokered services of third-party providers shall be charged to the customer by the latter in accordance with the terms and conditions agreed separately between the customer and the third-party provider.
In all other respects, the remuneration shall be in accordance with the price list valid at the time of the order confirmation. Prices are subject to change at any time.
4.2 The remuneration shall be net plus the value added tax applicable at the time of the performance of the service.
4.3 Payments are to be made against invoice. However, the services of Minga VIP shall only become due or shall only be rendered as soon as the remuneration owed by the customer has been received in the bank account of Minga VIP. Minga VIP is entitled to demand an advance payment for its services in a reasonable amount. Payments can also be made in cash, by direct debit, by credit card or via a payment service provider (e.g. PayPal), insofar as this has been individually agreed. Insofar as payments are to be made against invoices, these are to be made within 14 (fourteen) days of receipt of the invoice, whereby the receipt of money at Minga VIP is decisive (hereinafter referred to as “payment deadline”). If the invoice amount is not received by Minga VIP within the payment deadline, the customer is in default without the need for a reminder, insofar as the default has not already occurred beforehand due to separate regulations.
4.4 Default interest is calculated according to the amount regulated in the German Civil Code. The assertion of a higher damage caused by default is not excluded.
4.5 The customer is not permitted to offset or assert rights of retention against claims of Minga VIP, unless these are undisputed or legally established claims. Minga VIP is entitled to offset payments against open claims from other legal relationships with the customer. The customer otherwise only has a right of retention insofar as it relates to the same legal relationship.
5 Cancellation and “No Show
5.1 Unless otherwise agreed, the customer may cancel the commissioned services of Minga VIP up to 48 (forty-eight) hours before the execution of the order at the latest. In the event of cancellation after this time up to 24 (twenty-four) hours before execution of the order at the latest, the cancellation fee amounts to 40% of the remuneration agreed for the complete provision of services. In the event of cancellation after this point in time up to 12 (twelve) hours prior to the execution of the order at the latest, the cancellation fee shall amount to 60 % of the remuneration agreed for the complete performance of the service. In the event of a later cancellation or in the event of non-appearance at the agreed time of performance (“no show”), the remuneration agreed for the performance of the service shall be paid in full. If a cancellation is not possible, Minga VIP shall point this out in the order confirmation. The following clauses 5.2 and 5.4 remain unaffected.
5.2 Irrespective of the cancellation fees, Minga VIP is entitled to demand compensation for higher damages actually incurred, in particular due to expenses actually incurred, in the legally permissible amount.
5.3 Insofar as Minga VIP has only acted as an intermediary, the cancellation of the services of the third party providers are subject to their general terms and conditions or the individually agreed terms and conditions between the customer and the third party provider.
5.4 Orders which have as their subject matter the ordering of admission or attendance tickets (hereinafter referred to as “tickets”) flight or train tickets cannot be cancelled. On the basis of a separate agreement, Minga VIP will endeavour to resell the tickets to third parties “on behalf of the customer” and to the extent permitted. Separate costs or reduced prices incurred for this are to be borne by the customer or reimbursed by the customer. 6.
6 Further obligations of the customer
6.1 The customer is obliged to send Minga VIP all necessary information, documents, information, data and details, which are necessary for the proper execution of the order, completely and correctly in good time before the start of service provision.
6.2 The customer is aware that the delivery of tickets is for highly personal use, i.e. in particular a resale of the tickets in any form is prohibited. If a customer should resell the tickets supplied by Minga VIP in contravention of this regulation, in particular via online platforms, the customer is obliged to pay a contractual penalty in each individual case, the amount of which is determined by Minga VIP at its reasonable discretion and depending on the value of the tickets, but in particular taking into account the concrete and individual infringement. Minga VIP reserves the right to assert a claim against the customer for any damage actually incurred in excess of the amount of the contractual penalty.
7 Warranty and liability
7.1 Mina VIP renders the contractual services with the diligence of a prudent businessman. Complaints or deficiencies of the service provision towards entrepreneurs must be reported by the client within 3 (three) working days after becoming aware of them (hereinafter referred to as “complaint period”). If, in exceptional cases, it is unreasonable to expect the customer to report the defect within the complaint period, the customer must report the defect immediately within the scope of what is reasonable. The customer shall bear the burden of presentation and proof for the unreasonableness of compliance with the complaint period. If no notification of defects is made within the complaint period, our performance shall be deemed to have been duly rendered.
7.2 In the case of mediation, Minga VIP carefully selects the third-party providers. Minga VIP is not responsible for the correctness of the information in the service offer of the respective third party provider (e.g. service description), so that we are not obliged to check in this respect.
7.3 If Minga VIP is only active as an intermediary, Minga VIP is not liable for non-fulfilment, deficiencies in performance or default of third-party providers who are not its vicarious agents. Furthermore, Minga VIP is also not liable for their intentional or grossly negligent conduct, unless Minga VIP is at fault for intentional or grossly negligent selection. In this case Minga VIP is only liable for this selection fault and limited in amount to foreseeable and contract-typical direct damages. In other cases Minga VIP is entitled to assign the claims for compensation against third parties to the customer in fulfilment of the warranty obligations in lieu of fulfilment. Minga VIP is also not liable for any kind of damage that has arisen or will arise due to recommendations. Recommendations are in particular shopping and/or restaurant tips or the suggestion to visit certain doctors, physiotherapists or similar.
7.4 Minga VIP shall not be liable for property damage and financial losses caused by its own services, unless these are based on an intentional or grossly negligent act of Minga VIP. Minga VIP shall nevertheless be liable without limitation for personal injury in accordance with the statutory provisions.
7.5 In the case of otherwise negligently caused property damage and financial loss, Minga VIP is only liable in the event of a breach of an essential contractual obligation (cardinal obligation), but limited in amount to the foreseeable and contract-typical damages at the time of conclusion of the contract. Cardinal obligations are those whose fulfilment characterises the contract and on which the customer may rely. These provisions shall also apply to damages caused by our vicarious agents and, in particular, also if claims are asserted directly against them to this extent.
8 Place of performance, place of jurisdiction and applicable law
8.1 The place of performance for all services is Munich.
8.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law. The exclusive place of jurisdiction for all disputes arising from the business relationship is Munich, insofar as this is legally permissible.
9 Partial invalidity
Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions of the agreements. The invalid provision shall be replaced by a valid provision which comes closest to the economic and feasible objectives of the parties which the invalid provision was intended to achieve. This shall also apply to a loophole
Munich, September 2016