Terms and Conditions (B2B)
Convenience translation. This English version is provided for information only. The legally binding version is the German AGB.
Last updated: August 2026
Contents
- Part I — TEMPORARY EMPLOYMENT / STAFF LEASING
- Section 2 Offer and conclusion of contract
- Section 3 Temporary employment and assignment conditions
- Section 4 Duties of Gastro & Friends GmbH
- Section 5 Duties of the Client
- Section 6 Liability
- Section 7 Direct hire / staff takeover and contractual penalty
- Section 8 Rejection of an employee
- Section 9 Provision of replacement personnel
- Section 10 Minimum working time and reduction of working time
- Section 11 Cancellation of an assignment
- Section 12 Verification of working hours
- Section 13 Prices and payment terms
- Section 14 Protection of personal data of assigned employees
- Part II — DIRECT STAFF PLACEMENT AND RECRUITING
- Section 15 Recruiting campaign and image film
- Section 16 Applicant guarantee
- Part III — EVENT AND ARTISTIC SERVICES
- Section 17 Live acts and artistic services
- Part IV — CONSULTING AND OPTIMISATION SERVICES
- Section 18 Scope and limits of consulting
- Section 19 Cooperation, software and usage rights
- Section 20 Remuneration and liability of consulting
- Part V — COMMON PROVISIONS
- Section 21 Reference naming and self-promotion
- Section 22 Confidentiality
- Section 23 Final provisions
Part I – Temporary employment / staff leasing: Section 2 Offer and conclusion of contract · Section 3 Temporary employment and assignment conditions · Section 4 Duties of Gastro & Friends GmbH · Section 5 Duties of the Client · Section 6 Liability · Section 7 Direct hire and contractual penalty · Section 8 Rejection of an employee · Section 9 Provision of replacement personnel · Section 10 Minimum working time and reduction of working time · Section 11 Cancellation of an assignment · Section 12 Verification of working hours · Section 13 Prices and payment terms · Section 14 Protection of personal data of assigned employees.
Part II – Direct staff placement and recruiting: Section 15 Recruiting campaign and image film · Section 16 Applicant guarantee.
Part III – Event and artistic services: Section 17 Live acts and artistic services.
Part IV – Consulting and optimisation services: Section 18 Scope and limits of consulting · Section 19 Cooperation, software and usage rights · Section 20 Remuneration and liability of consulting.
Part V – Common provisions: Section 21 Reference naming and self-promotion · Section 22 Confidentiality · Section 23 Final provisions.
(1) These General Terms and Conditions (hereinafter "T&C") apply to all contracts between Gastro & Friends GmbH (hereinafter "G&F") and its Clients concerning: a) the commercial leasing of employees pursuant to the German Temporary Employment Act (AÜG) — Part I, b) direct staff placement and recruiting — Part II, c) event and artistic services — Part III, d) consulting and optimisation services — Part IV.
(2) Which provisions apply in an individual case depends on the service commissioned. The Common Provisions (Part V) apply to all services. The type of service is set out in the respective offer, order confirmation or assignment confirmation.
(3) G&F's contractual partner is the "Client". In the context of temporary employment (Part I), G&F is referred to as the "Lender".
(4) Temporary employment is additionally governed by the AÜG, the master temporary employment agreement and the respective assignment confirmation. Direct staff placement is additionally governed by Part II of the master agreement (direct staff placement); the placement fee agreed therein remains authoritative.
(5) Any deviating or conflicting terms and conditions of the Client shall not apply unless their validity has been expressly agreed to in writing.
Part I — TEMPORARY EMPLOYMENT / STAFF LEASING
Section 2 Offer and conclusion of contract
All temporary employment services are based on a master temporary employment agreement concluded between the Lender and the Client. Individual assignments are made exclusively on the basis of separate assignment confirmations that specify the master agreement.
Client requests regarding the assignment of employees may be made by telephone, e-mail or other text form and initially constitute a non-binding enquiry.
On the basis of the enquiry, the Lender sends the Client an assignment confirmation or order confirmation. This contains in particular:
place and date(s) of assignment,
activity of the assigned employees,
planned working hours,
agreed hourly rate,
names of the intended employees (insofar as already determined).
The assignment confirmation constitutes a binding offer of the Lender. The contract for the respective temporary employment is concluded as soon as the Client signs the assignment confirmation or confirms it in text form.
Section 3 Temporary employment and assignment conditions
The Lender holds an unlimited permit for the commercial leasing of employees pursuant to Section 1 AÜG. The permit was granted by the Federal Employment Agency, Nuremberg Regional Directorate, on 20 February 2010 and has been valid without time limit since 20 February 2014.
The assigned employees remain in an employment relationship with the Lender during the assignment. The employment-law right to issue instructions remains with the Lender. During the assignment, however, the employees are subject to the technical right of instruction of the Client with regard to the concrete performance of the activity.
During the assignment, the Client assumes the occupational health and safety duty of care within the meaning of the applicable statutory provisions. In particular, the Client undertakes to:
comply with all applicable occupational safety, accident prevention and working-time regulations,
carry out a risk assessment pursuant to Section 5 of the German Occupational Safety Act (ArbSchG),
instruct the assigned employees before starting work pursuant to Section 12 ArbSchG,
provide the necessary personal protective equipment and suitable working tools,
ensure first-aid measures and emergency arrangements at the place of assignment.
The Client is obliged to fulfil all organisational and coordinating duties that arise from the applicable accident prevention regulations.
The Lender is not liable for damages resulting from the breach of occupational safety or organisational duties by the Client, insofar as legally permissible.
Occupational accidents as well as other safety-relevant events must be reported to Gastro & Friends GmbH without delay. Reportable occupational accidents must also be reported without delay to the competent employers' liability insurance association in accordance with statutory requirements.
Section 4 Duties of Gastro & Friends GmbH
The Lender undertakes to select the deployed employees in accordance with the agreed activity and to inform and prepare them regarding the essential assignment conditions before the assignment. This includes in particular information regarding work attire, appearance, task description and other organisational requirements relevant to the assignment, insofar as these have been communicated to the Lender by the Client.
The Lender remains the employer of the assigned employees throughout the assignment and fulfils all statutory obligations resulting therefrom. These include in particular:
conclusion and administration of the employment contracts,
proper payroll accounting,
payment of social security contributions and taxes,
compliance with employment-law provisions towards the employees.
The occupational health and safety duty of care at the place of assignment as well as the organisation of the concrete performance of work rest with the Client during the assignment in accordance with the provisions of this agreement.
Section 5 Duties of the Client
The Client undertakes to treat the contract-relevant information, documents and assignment confirmations transmitted to it by the Lender confidentially and not to pass them on to or grant access to third parties without authorisation. If, through culpable disclosure, an unauthorised order or change of an assignment is placed, it shall be deemed to have been initiated by the Client. In this case the Client remains obliged to pay the remuneration. In the event of a cancellation, the cancellation provisions under these T&C apply.
The Client undertakes to provide the Lender, in the context of the enquiry and the assignment confirmation, with a complete and accurate description of the activity to be performed as well as all essential assignment conditions. This includes in particular special requirements or circumstances of the assignment, such as:
a religious, political or otherwise sensitive context of the event or activity,
the wearing of full-body or partial-body costumes or other special work attire,
special requirements regarding appearance or clothing,
activities or areas of responsibility that go beyond the agreed assignment description.
If material assignment conditions are concealed or if on site activities are requested which are not part of the agreed assignment description, the assigned employees are entitled to refuse to perform such activities. In this case the Lender is entitled to terminate the assignment for cause. The Client remains obliged to pay a cancellation fee amounting to 80 % of the agreed order sum insofar as the assignment cannot be carried out due to incorrect or incomplete information.
The Client is obliged to provide in good time all information necessary for the proper performance of the assignment. This includes in particular access authorisations, organisational procedures and a responsible on-site contact person, who shall be named at the latest at the start of the assignment.
If an assigned employee is to be deployed at times, at places or for activities for which special official approvals are required, the Client is responsible for obtaining them. If an assigned employee comes into contact with correspondingly sensitive or perishable foodstuffs, the Client is in particular obliged to duly carry out and document on site the instruction pursuant to Section 43(4) of the German Infection Protection Act (IfSG).
The Client undertakes, when requesting personnel, to provide the place of assignment completely and correctly and to inform the deployed employees of the exact assignment address. If the assignment address is not fully specified, the Client is obliged to define a clear meeting-point arrangement and to ensure that the employees can reach the place of assignment without delay.
The Client undertakes to duly conclude the master temporary employment agreement existing between the parties before the first assignment is carried out. Without a validly concluded master agreement, no temporary employment shall take place.
The Client undertakes to provide, completely and truthfully, all information required for the review of the equal-treatment principle pursuant to Section 8 AÜG (equal pay / equal treatment) and to notify changes without delay. In the event of incorrect or incomplete information, the Client is liable for all resulting damages, in particular subsequent wage claims, social security contributions, default interest and additional administrative work. For necessary corrections of invoices already issued, the Lender may charge a reasonable processing fee.
Section 6 Liability
Limitation to selection (culpa in eligendo). Since the assigned employees perform their activity under the technical direction and supervision of the Client, Gastro & Friends GmbH is not liable for the concrete performance of the work or for damages caused by the employees in or on the occasion of their activity. The liability of Gastro & Friends GmbH is limited exclusively to the proper selection of the assigned employees for the contractually agreed activity (culpa in eligendo).
Unlimited liability. Gastro & Friends GmbH is liable without limitation for damages arising from injury to life, body or health as well as for damages based on an intentional or grossly negligent breach of duty by Gastro & Friends GmbH.
Liability for simple negligence. In the event of a simply negligent breach of material contractual obligations (so-called cardinal duties (material contractual obligations)), liability is limited to compensation for the foreseeable damage typically arising at the time of conclusion of the contract. Cardinal duties are those duties whose fulfilment enables the proper execution of the contract in the first place and on whose observance the contractual partner may regularly rely. Otherwise, liability for simple negligence is excluded.
Consequential damages and third-party liability. Liability for loss of profit or other pure financial losses of the Client is excluded, unless caused by intent or gross negligence. This exclusion of liability also applies in favour of the statutory representatives, employees and other vicarious agents of Gastro & Friends GmbH.
Limitation and cut-off periods. Claims of the Client for defects in performance become time-barred within one year from the statutory commencement of the limitation period. Claims for damages must be asserted in writing against Gastro & Friends GmbH within a period of three months after the end of the respective assignment. After expiry of this period, assertion is excluded, unless the Client is not responsible for missing the deadline.
Force majeure. Gastro & Friends GmbH is not liable for delays or failures in performance due to force majeure or other unforeseeable events beyond the control of Gastro & Friends GmbH that make performance impossible or unreasonably difficult. Insofar as liability is excluded, this also applies to the personal liability of the statutory representatives, employees and other vicarious agents.
Claims for damages against Gastro & Friends GmbH shall not be limited if they were caused by gross fault, if there is a breach of cardinal duties of the concluded contract, or in the event of injury to life, body or health.
Section 7 Direct hire / staff takeover and contractual penalty
The Client generally has the option to take over an employee deployed by the Lender (direct hire / staff takeover). A staff takeover exists in particular if the Client or a company legally or economically affiliated with the Client takes on the employee directly or indirectly into an employment relationship, engages the employee as self-employed or as a subcontractor, or refers the employee to third parties.
The Client is obliged to notify Gastro & Friends GmbH in writing of an intended staff takeover prior to concluding a corresponding contractual relationship with the employee.
Following notification of the planned staff takeover, the Lender shall submit to the Client a takeover offer on the basis of the calculation formula agreed in the master temporary employment agreement.
The takeover fee is calculated as follows: takeover fee = 3 gross monthly salaries based on the agreed future gross annual target salary of the employee. Calculation formula: (gross annual target salary / 12) × 3. The future gross annual salary of the transferred person at the Client is decisive.
Payment of the takeover fee is made in three equal instalments:
1/3 of the takeover fee is due upon conclusion of the employment contract between the Client and the employee,
1/3 of the takeover fee is due after an uninterrupted employment relationship of three months,
1/3 of the takeover fee is due after an uninterrupted employment relationship of six months.
The non-solicitation protection applies for the duration of the master temporary employment agreement as well as for a period of 12 months after the last assignment of the respective employee at the Client.
If the Client breaches the notification obligation or if a staff takeover occurs by circumventing the Lender, a contractual penalty amounting to twice the takeover fee, but at least EUR 3,000, shall become due.
A staff takeover shall also be deemed to exist if a contractual relationship is concluded by an entity affiliated with the Client or by third parties, provided the contact with the employee was established via the Lender. The Client may prove that the takeover was not established through the contact via the Lender.
Section 8 Rejection of an employee
In the event of an intended rejection of an assigned employee, the Client is obliged to inform Gastro & Friends GmbH of the corresponding reasons in text form without delay prior to the rejection. Gastro & Friends GmbH shall then examine whether reasons exist that justify an extraordinary termination of the assignment, in particular in the case of serious breaches of duty such as refusal to work, insult, business-damaging behaviour, fraud, theft or misappropriation, suspicion of a criminal offence, unauthorised absence, threatened sick leave, sexual harassment or working-time fraud.
If Gastro & Friends GmbH determines after examination that important cause exists, the Client is entitled, after written confirmation by Gastro & Friends GmbH, to terminate the assignment of the respective employee with immediate effect. In this case, only the hours actually worked up to that point shall be remunerated.
If the Client fails to give prior notice of the reasons or if the reasons given are insufficient to justify an extraordinary termination, the rejection of the assigned employee — regardless of the reason given — shall be deemed a cancellation of the assignment pursuant to Section 11 and shall be remunerated accordingly.
Following a rejection, the Client has the option to request a replacement employee pursuant to Section 9. Gastro & Friends GmbH is only obliged to provide equivalent replacement personnel if the originally assigned employee was demonstrably not properly selected.
If the Client fails to reject the employee in time and initially deploys the employee, later (compensation) claims based on alleged unsuitability are excluded unless serious breaches of duty are present.
Section 9 Provision of replacement personnel
If an employee assigned by Gastro & Friends GmbH becomes ill or fails to appear for the assignment for reasons outside the Client's sphere of influence, Gastro & Friends GmbH shall use its best efforts to provide suitable replacement personnel at short notice.
There is, however, no entitlement to the provision of replacement personnel within a specific period.
If replacement personnel is provided, this is done without additional charge of placement or organisation costs; remuneration is based on the working time actually performed by the deployed replacement personnel.
Further claims of the Client due to the absence of an employee are excluded insofar as legally permissible.
Section 10 Minimum working time and reduction of working time of an employee
The minimum working time per assigned employee and assignment is 30 minutes, unless a different arrangement has been made in the respective assignment confirmation.
A reduction of the working time previously agreed between Gastro & Friends GmbH and the Client is permissible up to a maximum of 20 % of the confirmed assignment hours per employee.
If the Client reduces the working time by more than 20 % of the agreed assignment hours, the Client undertakes to pay at least 80 % of the originally confirmed working time, regardless of the working time actually performed.
This provision applies separately to each individual assigned employee and not to the total working time of all deployed employees.
Section 11 Cancellation of an assignment
In the event of cancellation of a confirmed assignment by the Client, Gastro & Friends GmbH is entitled to charge a cancellation fee according to the following staggered schedule. The time of receipt of the cancellation notice at Gastro & Friends GmbH is decisive:
up to 14 calendar days before the start of the assignment: cancellation free of charge,
13 to 7 calendar days before the start of the assignment: 40 % of the total working time / order sum agreed in the respective assignment confirmation,
6 to 2 calendar days before the start of the assignment: 60 % of the agreed total working time / order sum,
less than 48 hours before the start of the assignment: 90 % of the agreed total working time / order sum.
Any full or partial cancellation of an already confirmed assignment by the Client shall be deemed a cancellation.
The cancellation fee shall also apply if the Client independently informs the assigned employees that the assignment will not take place or has been cancelled and for that reason they do not appear for the assignment. In such case the Client cannot rely on the argument that the employees did not offer their work performance. The Client is permitted to prove that the Lender suffered no or substantially less damage.
Section 12 Verification of working hours
After completion of the respective assignment, the Client shall receive an e-mail with a PDF file containing the working times recorded by the assigned employees.
The Client is obliged to review the transmitted working times without delay. Objections to the stated working times must be raised in text form against Gastro & Friends GmbH within three working days of receipt of the e-mail.
If no response is received within this period, the transmitted working times shall be deemed approved and shall form the binding basis for invoicing.
A subsequent change to the working times is only possible if the payroll of the affected employee has not yet been processed. In this case Gastro & Friends GmbH may charge a processing fee of EUR 28.90.
If the payroll has already been completed, a subsequent change is only possible with significant administrative effort. In this case a processing fee of EUR 64.50 may be charged.
Invoicing is based on the actual working times performed in accordance with the transmitted assignment times.
Section 13 Prices and payment terms
Remuneration for temporary employment is set out in the price list agreed between the parties (Annex 1 to the master temporary employment agreement). All prices are exclusive of the respective applicable statutory value added tax.
Invoicing shall take place within three calendar days after completion of the respective assignment. Invoices are sent to the Client electronically by e-mail as a PDF file.
Invoices are due immediately upon issue and payable without deduction no later than within ten calendar days of the invoice date.
If the Client does not receive an invoice by e-mail within ten calendar days after execution of an assignment and this is not the fault of Gastro & Friends GmbH, the Client is obliged to inform Gastro & Friends GmbH thereof without delay. The Client cannot rely on non-receipt of the invoice to justify a delay in payment.
Missed payment deadlines shall trigger default without further reminder. In the event of default, Gastro & Friends GmbH is entitled to demand default interest at nine percentage points above the respective base interest rate of the European Central Bank.
In the event of default, Gastro & Friends GmbH is entitled to suspend further services to the Client — including under other contractual relationships — until full payment. Liability for resulting damages is excluded insofar as legally permissible.
For new customers or for orders with an increased economic risk, Gastro & Friends GmbH is entitled to demand reasonable interim payments or advance payments. The interim payment shall be credited against the final invoice.
If the Client causes assigned employees to incur expenses in the Client's interest, Gastro & Friends GmbH is entitled to invoice these expenses to the Client plus a reasonable administrative mark-up.
Section 14 Protection of personal data of assigned employees
Insofar as this is necessary for the organisation and successful execution of an assignment, the Client is permitted to pass on personal data of the assigned employees, in particular contact data such as telephone numbers or e-mail addresses, to responsible on-site contacts or participating team members involved in the respective assignment.
The Client undertakes to use this personal data exclusively for the purpose of carrying out the agreed assignment, to protect it appropriately and not to pass it on to unauthorised third parties.
Storage or use of the personal data beyond the end of the respective assignment is only permissible where a legal basis exists.
Otherwise, the handling of personal data is governed by the privacy policy of Gastro & Friends GmbH, available at: https://gastro-and-friends.de/privacy-policy/
Part II — DIRECT STAFF PLACEMENT AND RECRUITING
The services of direct staff placement are governed primarily by Part II of the master agreement (direct staff placement), in particular with regard to the placement fee. The following provisions regulate the supplementary recruiting campaign.
Section 15 Recruiting campaign and image film
(1) At the Client's request, G&F carries out a time-limited advertising campaign via social media to attract applicants for an open position (hereinafter "Campaign"). Scope, duration and the campaign flat fee are set out in the offer or order confirmation. The placement fee upon successful hire is governed exclusively by Part II of the master agreement.
(2) On request, the campaign includes the production of an image or promotional film (in one or several parts), which G&F shoots at the Client's premises, in particular at the workplace where the person sought will later work.
(3) Advertising budget. G&F itself provides the advertising budget required for running the campaign; it is included in the campaign flat fee. The advertising budget will not be shown or invoiced separately to the Client.
(4) Cooperation of the Client. The Client grants G&F access to its premises for the production, provides the information required for the position completely and accurately, and names a contact person. The Client ensures that all persons identifiable in the film have previously effectively consented to the recording and to the use pursuant to paragraph 5, and that no third-party rights, in particular image, personality, trademark or copyright rights, conflict with such use. The Client shall indemnify G&F against claims of third parties that are based on a breach of this obligation.
(5) Usage rights. All rights to the film and image material produced within the campaign belong exclusively to G&F. G&F is entitled to use the material without limitation in time, place or content, in particular for the Client's campaign as well as for G&F's own public relations and social media content. The Client acquires no rights to the material; any own use by the Client requires G&F's prior consent in text form.
Section 16 Applicant guarantee
(1) If fewer than three applications are received via the campaign during the agreed campaign period, the campaign flat fee is entirely waived; any campaign flat fee already paid will be refunded. In this case, G&F bears the advertising budget.
(2) An application within the meaning of paragraph 1 is any serious application by a person for the advertised position received via the campaign.
(3) The guarantee under paragraph 1 is conditional upon the Client fulfilling its cooperation obligations under Section 15(4), in particular enabling the production of the image film and providing accurate and complete information about the position, and upon the requirements profile remaining unchanged during the campaign. If the absence of applications is due to circumstances for which the Client is responsible, the campaign flat fee remains payable.
(4) The guarantee refers exclusively to the campaign flat fee. The placement fee upon successful hire under Part II of the master agreement remains unaffected.
Part III — EVENT AND ARTISTIC SERVICES
Section 17 Live acts and artistic services
(1) Live acts, musicians, bands, DJs, hosts and comparable artistic services and entertainment offerings (hereinafter "Acts") are not provided by G&F as its own service. In this respect G&F acts exclusively as an intermediary and does not act as employer, event organiser or client of the Acts.
(2) The contract for the artistic service is concluded directly between the Client and the respective Act. The Act invoices its service directly to the Client. No total price is formed with other services of G&F.
(3) The Act is a self-employed entrepreneur and is itself responsible for all obligations associated with its activity, in particular for the registration and payment of taxes and social security contributions including any artists' social security contribution, for reporting and payment obligations towards the Künstlersozialkasse, for copyright obligations including registration and remuneration with GEMA, for necessary approvals as well as for its own insurance coverage.
(4) G&F owes exclusively the careful selection and the proper forwarding of the enquiry. G&F is not liable for the performance of the Act or for the fulfilment of its obligations under paragraph 3.
(5) The Client and the Act shall indemnify G&F against claims arising from the activity of the Act asserted against G&F, in particular against subsequent claims of the Künstlersozialkasse or GEMA, insofar as G&F does not itself act as exploiter or client of the artistic service.
Part IV — CONSULTING AND OPTIMISATION SERVICES
Section 18 Scope and limits of consulting
(1) Upon request, G&F provides consulting and optimisation services for businesses in gastronomy and hospitality (hereinafter "Consulting"), in particular concerning procurement, merchandise management and calculation, staff and shift structure, opening hours and profitability, menu, pricing and product mix design, process and workflow organisation, setting up of documentation and hygiene systems, selection and introduction of software, digitisation and AI solutions, as well as support for repositioning and new openings. The specific scope of services is conclusively set out in the respective offer or order confirmation in text form.
(2) The Consulting is a service contract within the meaning of Sections 611 et seq. of the German Civil Code (BGB). G&F owes a careful, professional activity in accordance with recognised principles, not the occurrence of a specific result. An initial meeting to clarify the need is non-binding and free of charge for the Client, unless expressly agreed otherwise.
(3) No performance guarantee. G&F does not warrant a specific economic outcome, in particular no specific revenue, cost, earnings or profit development and no specific savings. Statements regarding possible potentials are non-binding assessments based on the available information and constitute neither an agreement on quality nor a guarantee. Recommendations by G&F are decision proposals; the entrepreneurial decision on their implementation lies exclusively with the Client on its own responsibility.
(4) Delimitation from legal and tax advice. The Consulting does not include legal services within the meaning of the German Legal Services Act (RDG) and no tax advice within the meaning of the German Tax Consultancy Act (StBerG). Insofar as legal or tax matters are affected, G&F recommends consulting a lawyer or tax adviser; engaging them is the Client's responsibility. Where G&F supports the setting up of hygiene, HACCP or other documentation systems, responsibility under food, hygiene and trade law as food business operator or operator remains exclusively with the Client. Obtaining necessary official approvals is the Client's responsibility.
Section 19 Cooperation, software and usage rights
(1) Cooperation. The Client provides G&F, in good time, with all necessary information, figures and documents completely and truthfully and names an authorised contact person. G&F may rely on the Client's information and is not obliged to check it for accuracy or completeness. G&F is not liable for disadvantages resulting from inaccurate, incomplete or belatedly provided information or from a failure to cooperate.
(2) Software and third-party services. Insofar as G&F supports the selection, introduction or setup of software, digitisation or AI solutions, G&F assumes no warranty for functionality, availability, timeliness or legal compliance of third-party products. Licence, usage and maintenance contracts are concluded exclusively between the Client and the respective provider. Responsibility for the data-protection-compliant use of introduced systems and for the backup of existing data lies with the Client.
(3) Work results and usage rights. The Client is granted a simple, non-transferable right of use to the concepts, analyses, evaluations and templates provided for internal use within its own business; the right of use is subject to full payment of the corresponding remuneration. G&F retains all rights to the methods, models, templates, tools and underlying know-how used by G&F. Passing the work results on to third parties, in particular to competitors of G&F, requires G&F's prior consent in text form.
Section 20 Remuneration and liability of consulting
(1) Remuneration. Consulting is remunerated on a time-and-effort basis at the agreed rates or at a fixed price stated in the offer. Travel and accommodation costs are invoiced separately. For ongoing mandates, monthly invoicing is possible. Section 13 applies accordingly regarding due date and default. A success fee is only owed if expressly agreed in text form.
(2) Term. Individual mandates end upon full performance of the agreed service. Ongoing mandates concluded for an indefinite period may be terminated by either party in text form with a notice period of two weeks to the end of the month. Upon termination, services duly rendered up to that point shall be remunerated.
(3) Liability. G&F is liable without limitation in cases of intent and gross negligence as well as for damages arising from injury to life, body or health. In the event of a simply negligent breach of a material contractual obligation (cardinal duty), G&F is liable limited to the contract-typical, foreseeable damage at the time of conclusion of the contract, in amount per case of damage up to the net remuneration agreed for the affected mandate, or, in the case of ongoing mandates, to the net remuneration paid for it in the last twelve months; otherwise, liability for simple negligence is excluded. G&F is not liable for the occurrence of the economic success expected by the Client or for damages resulting from the implementation of recommendations by the Client or third parties.
Part V — COMMON PROVISIONS
Section 21 Reference naming and self-promotion
The Client agrees that Gastro & Friends GmbH may use the Client's company name and company logo for reference and self-promotion purposes after the successful completion of an order. This includes in particular use as a partner or reference logo on the website of Gastro & Friends GmbH, in presentations and in digital or printed advertising materials.
Use is made exclusively for reference purposes without content evaluation or presentation of confidential project details.
The Client may object to the use of its logo or company name at any time for important cause. In this case Gastro & Friends GmbH shall discontinue such use within a reasonable period.
Section 22 Confidentiality
Gastro & Friends GmbH, its employees and the Client undertake to treat all confidential information that becomes known to them in the course of the cooperation confidentially and to use it exclusively for the purpose of carrying out the respective contractual relationship.
Confidential information includes in particular business and operational secrets, pricing structures, personnel data, assignment planning and other non-public information of the respective other contractual party.
Disclosure to third parties is only permissible insofar as this is necessary for the proper execution of the assignment or a statutory obligation to disclose exists.
The confidentiality obligation continues to exist beyond the end of the contractual relationship.
Section 23 Final provisions
Gastro & Friends GmbH is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board.
Should a provision of these T&C be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a regulation shall be deemed agreed that comes closest to the economic purpose of the original provision.
There are no oral side agreements. Amendments and additions to the contract require text form and express confirmation by an authorised representative of Gastro & Friends GmbH. The assigned employees are not authorised to make legally binding declarations on behalf of Gastro & Friends GmbH.
The law of the Federal Republic of Germany applies. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is — insofar as legally permissible — Munich.