General Terms and Conditions (GTC)
1. Scope of Application
The following General Terms and Conditions (GTC) apply to all contracts between AW Consulting (hereinafter "AWC" or "we") and our clients (hereinafter "Client" or "you") in connection with the services we offer for assistance in finding housing (relocation), real estate consulting, as well as support with administrative matters and official procedures in Germany.
Deviating or supplementary terms from the client are only valid if acknowledged by us in writing.
2. Subject Matter of the Contract
The subject of this contract is consulting and support services in the field of relocation (housing search, real estate consulting, and administrative matters) for international clients in Germany. This includes in particular:
• Support with housing search and real estate mediation
• Consulting and assistance with administrative matters (e.g., registration at the residents' registration office, visa regulations, tax matters)
• Accompaniment to official appointments
• Support with furnishing the apartment and moving organization
• Other relocation services by agreement
The exact nature and scope of the services will be defined in a separate contract, offer, or service description.
3. Conclusion of the Contract
The contract between the Consulting Firm and the client is concluded upon acceptance of the offer or by the written confirmation of an assignment by the Consulting Firm. A contract can also be concluded by mutual consent via email or electronic contract conclusion.
4. Services and Obligations of the Consulting Firm
a) The Consulting Firm commits to providing the agreed services to the best of its knowledge and in accordance with the contractual agreements.
b) The Consulting Firm ensures that all employees and subcontractors involved in the delivery of services have the required qualifications and experience for the execution of the services.
c) The Consulting Firm assumes no liability for the quality or availability of properties offered to the client, or for the conduct or outcome of administrative procedures, unless it acts intentionally or with gross negligence.
5. Obligations of the Client
a) The client commits to providing all necessary information and documents required for the provision of the service in a timely manner (e.g., copies of identification documents, information regarding housing requirements).
b) The client commits to informing the Consulting Firm of any relevant changes in their personal situation (e.g., change of address, family status, or official registrations) without delay.
c) The client agrees not to disclose the advice received to third parties without prior consent from the Consulting Firm, unless this is necessary to fulfill the contract.
6. Compensation and Payment
a) The compensation for the services rendered will be regulated in the respective contract, offer, or service confirmation. The prices for the offered services will be discussed transparently and in advance with the client.
b) Payments are due within [payment period, e.g., 14 days] after invoicing, without deduction, unless otherwise agreed.
c) In case of payment delay, the statutory default interest according to § 288 BGB will apply. The client bears all costs incurred due to payment delay, including costs for debt collection measures.
7. Liability
a) The Consulting Firm’s liability is limited to gross negligence and intent. The Consulting Firm is only liable for slight negligence in cases of violation of essential contractual obligations (cardinal duties).
b) The Consulting Firm is not liable for indirect or consequential damages arising from the use of the services offered unless the damage was caused intentionally or with gross negligence.
c) The Consulting Firm is not liable for damages caused by the client or third parties (e.g., incorrect or incomplete information provided by the client).
8. Confidentiality and Data Protection
a) Both parties commit to keeping all confidential information obtained in the course of the contractual relationship secret and to using it only for the purpose of fulfilling the contract.
b) The Consulting Firm processes the client’s personal data in accordance with the provisions of the General Data Protection Regulation (GDPR) and applicable data protection laws. A detailed privacy policy is available to the client upon request.
9. Duration and Termination
a) The contract is concluded for an indefinite period unless otherwise agreed.
b) Both parties can terminate the contract with a notice period of [e.g., 4 weeks] to the end of the month.
c) The right to terminate the contract without notice for an important reason remains unaffected. An important reason exists in particular if a party significantly violates its contractual obligations or becomes insolvent.
10. Changes to the GTC
The Consulting Firm reserves the right to change these General Terms and Conditions at any time. Changes will be communicated to the client in writing or by email. Changes are deemed accepted if the client does not object within 30 days of receiving notice of the change.
11. Final Provisions
a) The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
b) The court of jurisdiction for all disputes arising from the contractual relationship is [place, e.g., the location of the Consulting Firm].
c) Should individual provisions of these GTC be ineffective, the validity of the remaining provisions remains unaffected.
Version of the GTC: January 2025