General terms and conditions of
bestfair
§ 1 Subject matter of the contract
1.
The client instructs bestfair to provide staff for the time period in which it is required.
2.
bestfair commits itself to provide the contracting body with the staff it requests, for the requested time period. bestfair will pass on the requirements of the client concerning e.g. clothing, total activity time, place of activity, etc. to the respective staff and commits itself to make sure that the respective staff member is informed about the essential circumstances through contractual agreements.
3.
bestfair exclusively commits itself to the fulfilment of the placement described in paragraph 1. A change of the job characteristics in the running task is not covered by this agreement. In such a case a separate agreement with the respective staff member is required. The obligation to pay remuneration as described in §2 is not affected by a change of the agreement as such.
4.
Should the client need one or more further hostesses/hosts who are not a part of this contract, a new contract is to be signed. The respective person is not to be seen as a member of a group. Instead, he/she will do his/her job as an individual, as is described in the job specification in paragraph 1.
§ 2 Duration and cancellation
1.
The task is limited in time. The working times are predefined in the offer and the confirmation of the contract. A cancellation from either the client or from bestfair in the running contractual relations is excluded. A cancellation due to an important cause is not touched by this.
2.
The daily working times (in hours) are predefined through the contract. Up to a working time of 5 hours per day, our staff members are entitled to a break of 15 minutes. For all longer working times they are entitled to a break of 30 minutes. The breaks are taken after a consultation between the client and our staff member.
3.
In the case that on one single day the commitment of a further hostess/host is requested, who is not defined in this contract, the client must make a further agreement with bestfair taking paragraph 1 into consideration.
4.
Not affected by this, is the clients’ possibility to make further arrangements with the already placed staff. In this case the client commits itself to not fall below the value of the payment which is predefined in §3. The billing is done by bestfair as is described in the regulations of §3.
5.
The client commits itself to inform bestfair about every individual agreement with an already placed hostess/host. If the payment upon which is agreed in §3 is higher than the individual agreement made with our staff member, the client must pay a contract penalty of three daily rates. A daily rate in this case is equivalent to a working day of the hostess/host.
§ 3 Compensation
1.
bestfair will provide the client with an orderly bill of cost after fulfilment of the contract. After the delivery of the bill the stated payment amount is due, no later than 14 days after arrival of the bill.
2.
The right to withdrawal from the agreement is excluded for both sides. The cancellation terms and conditions are as follows:
In the case of a cancellation of an already placed staff member after the termination of the agreement, bestfair is permitted to bill the client in the following way:
Up to 4 weeks before the beginning of the task 30%, up to 14 days before the beginning of the task 50%, up to 7 days before the beginning of the task 80% and up to 3 days before the beginning of the task 100% of the cancelled size of the order.
3.
The payment of the booked staff member takes place only through bestfair. The client is not permitted to advanced payment or any other payment to this person. This also counts for the agreements of §2 paragraph 4 of this contract.
§ 4 Liability
A liability of bestfair for damages that occur in connection with the fulfilment of the task of the hostess/host , is excluded. This counts for all damages that the people cause of objects on which and with which they fulfil their job. If they are assigned to the transaction of financial matters like cash management, safekeeping, financial management or transport of money, valuables, or documents as well as payment transactions a liability of bestfair is also completely excluded.
§ 5 Miscellaneous
Additional agreements and changes of the contract must be in the written form. This also counts for changes or cancellations of these written form requirements. Oral agreements considering this contract do not exist.
Should a regulation of this contract be or become invalid, the validity of all other regulations in this contract will not be affected. A new legally permitted regulation will take the place of the invalid one, trying to stay as close as possible to the original purpose.
In case of an unexpected illness of the booked hostess bestfair guarantees an adequate substitution ( language skills German and English) without any extra costs.
§ 6 Jurisdiction agreement
The place of jurisdiction is Düsseldorf.
§ 7 Confidentiality
The client commits himself to not save, use or pass on any necessary data of the hostess/host without her/his consent.
