Terms & Conditions
General Terms and Conditions for Service Contracts with HANTZSCH Personal Assistant
1. scope of application
1.1 These General Terms and Conditions apply to the business relations between Robert Hantzsch, owner of HANTZSCH Personal Assistant, Spandauer Str. 52, 13581 Berlin (hereinafter referred to as "RH"), and the client (hereinafter referred to as "customer").
1.2 The term "order" covers the contractual relationship irrespective of the type of contract in question. The term "customer" includes the respective contractual partner of RH. RH owes the agreed main service to the customer. The customer owes the payment of the remuneration to RH as well as the payment of other arising costs according to the respective order.
1.3 These general terms and conditions are also valid for deviating terms and conditions of the customer, unless they are accepted by RH in writing.
1.4 Individual agreements as well as subsidiary agreements and supplements shall take precedence over the General Terms and Conditions of Business, provided that these have been agreed in writing.
2. scope of services
2.1 The services offered by RH are exclusively services. A concrete success is expressly not owed.
2.2 In the field of personal assistance, RH offers a comprehensive portfolio of services in both the business and private sectors, such as general arrangements, research & recommendations, apartment & household service, travel planning, adventure and event planning.
2.3 In doing so, RH takes over the independent execution of services as well as the arrangement of external services that cannot be performed independently by RH.
2.4 The customer books the time of the RH by means of hour packages or subscriptions. The service requested by the customer can then be ordered by the customer, taking into account the time booked.
2.5 Hour packages must be redeemed within three months - unless otherwise described in the offer - after the order has been placed, otherwise they expire. If a voucher is purchased, it is valid for three years from the date of purchase. After the voucher has been redeemed, the available time credit must be used up within three months. Any remaining time quota expires after this.
2.6 A subscription is concluded for an indefinite period and has a minimum term of six months. With a subscription, a fixed number of hours is automatically booked each month. The subscription can be cancelled with a notice period of 4 weeks to the end of the minimum term. After expiration of the minimum term, the subscription can be cancelled at the end of a month with a period of notice of 4 weeks. Unused hours of each month within a subscription can only be transferred up to 3 months and then expire automatically.
2.7 RH informs the customer about the services rendered and about the time deducted on a monthly basis.
3. conclusion of the contract
3.1 The contract between the RH and the customer is concluded by placing an order via the RH’s website. The customer selects the time package or subscription and places it in the shopping cart. In the checkout area the customer can then pay via PayPal. By pressing the PayPal button the contract between RH and the customer is automatically concluded. All necessary data will then be transmitted from PayPal to RH. If a different payment method is chosen, the customer must select his data and the payment method. After confirming the payment method, the contract is automatically concluded between RH and the customer. A customer account is only created when a subscription is taken out. The conclusion of a subscription requires a registration on the internet page of the RH. After the order, the customer will receive an order confirmation by e-mail, in which he can view the contract details. The general terms and conditions can be viewed at any time on the RH's website and can be downloaded here.
3.2 Communication between RH and the customer is done by e-mail, WhatsApp, SMS or telephone.
3.3 The customer must be at least 18 years of age at the time the contract is concluded. A contract with customers of limited legal capacity is expressly not concluded.
4.1 The marked prices are final prices including value added tax. The amount which was shown at the time of the binding order shall apply.
4.2 The customer may pay for the payment of the remuneration by PayPal, credit card or Klarna at his choice. The payment of the remuneration by cash is not possible.
4.3 The customer has to pay in advance for external services, as far as they are to be commissioned by RH. A service provision for these services is only owed after full payment has been received.
4.4 The payment of the remuneration is due immediately after booking the hours and after billing.
4.5 RH will invoice external costs, i.e. especially required material, office material etc. These will be discussed in advance with the customer.
4.6 Additional travel costs are not charged by the RH. However, the travel time is deducted from the hourly credit. The travel time is valid from the office address (Ostseestraße 109, 10409 Berlin) of the RH.
4.7 If the payment is reversed without justification or if it is not possible to debit the means of payment, the customer is in default of payment. RH is then entitled to demand default interest in the amount of 5 percentage points above the basic interest rate p.a. announced by the Deutsche Bundesbank for the period of the contract conclusion. Insofar as RH can prove that a higher damage caused by delay has arisen, RH is also entitled to assert this damage.
5. special obligations of the customer when taking out a subscription
5.1 During the registration process for the subscription, the customer must choose a password and a member name, after which a member account is automatically created. The member account may only be used by the member himself/herself. It is strictly prohibited to pass on the access data to third parties. The customer must ensure that third parties do not gain unauthorized access to the website by selecting an insecure password (less than 8 characters and without numbers and special characters) or by storing or otherwise securing the selected password.
5.2 The customer is responsible for all activities related to his member account.
5.3 The customer is also obliged to update his contract data immediately in his member account, insofar as these data change in the course of the contractual relationship.
6. other obligations of the customer
6.1 If the customer commissions RH with the performance of a service, which is not directly performed by RH, the customer grants RH a corresponding power of attorney to conclude the commissioned legal transaction or the commissioned service. The corresponding power of attorney expires automatically upon completion of the commissioned service. Contracts with third parties are hereby concluded exclusively between the customer and the third party. At no time RH becomes a contractual partner. The power of attorney is always revocable according to § 168 BGB.
6.2 The risks of transport shall be borne by the customer. Freight increases after conclusion of the contract as well as extra costs caused by obstruction or delay of transport, which are not the responsibility of RH, are at the expense of the customer. This risk can be covered at the customer's separate request.
6.3 In the offer, the fees for the brokerage activity are shown separately and are to be paid by the customer irrespective of the success of the brokerage.
6.4 The customer is obliged to provide the necessary credit card details in the context of the mediating activity, such as booking a flight or a hotel for the customer. If RH is obliged to pay fees to third parties within the scope of the commissioned service in order to provide the service commissioned by the customer, the customer grants RH a corresponding power of attorney to use the credit card provided by the customer for this purpose and to have it charged by the third party. The power of attorney expires automatically after completion of the commissioned service. The power of attorney is always revocable according to § 168 BGB.
6.5 The customer must point out in good time if he has food or other allergies that could endanger the achievement of the contract. The same applies to all other physical ailments, infirmities, complaints, disabilities or restrictions that may influence the content of the service.
7. other special provisions for travel and hotel reservations and for reservations of events and similar services
7.1 All travel services (incl. flight tickets and package tours, hotel reservations, event bookings) arranged by RH are subject to the respective terms and conditions of the travel agency, hotels and/or tour operators. The customer is personally liable to the travel agent/hotel/organizer for the costs incurred with the reservation, including those incurred in the event of subsequent cancellation or non-utilization of the reservation by the customer.
7.2 The purchase of the event ticket shall give rise to a contractual relationship of purchase and work exclusively between the cardholder (customer) and the respective event organizer. It is possible that these legal relationships are subject to the organiser's own General Terms and Conditions of Business (AGB). Disruptions to the event as well as non-performance or poor performance, such as cancellation of the event, changes to the date or programme, changes to the cast of the event, obstruction of seats or visibility at the event location, etc., are exclusively the responsibility and risk of the organiser. Any claims of the customer due to a non-execution or defective execution of the event are directed exclusively against the organizer. In the event location itself, the terms and conditions and the house rules of the owner of the premises must be observed. The ticket prices quoted by RH include advance booking and system fees. The total price of the order including all fees is due for payment immediately after conclusion of the contract. The fee for the mediation service of RH is shown separately in the offer and is due according to the terms in the offer. A set-off with counterclaims of the customer is excluded.
7.2.1 If a deposit at the box office is possible at the booked event, RH will arrange for the deposit only after receipt of payment and upon customer request. Amounts to be paid may differ from the printed ticket prices, as procurement cannot always be guaranteed via direct sources of supply.
7.2.2 Upon receipt, the customer is obliged to check the tickets for correctness in terms of number, event and venue, price, date and time (obvious inaccuracies). Complaints due to faulty tickets must be made within 7 days of receipt of the shipment. This assertion should be made in text form (in writing, e.g. by e-mail). If obvious inaccuracies are not asserted within 7 days of receipt of the admission ticket, claims based on these inaccuracies can no longer be asserted.
8. right of withdrawal for consumers
RH grants customers, who are consumers in the sense of § 13 BGB, a right of revocation according to the following revocation instruction.
Right of withdrawal
You may revoke your contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) without giving reasons. The time limit begins after receipt of this notification in writing, but not before the conclusion of the contract and also not before we have fulfilled our obligations to provide information in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation suffices to comply with the revocation period. The revocation is to be directed:
by mail: HANTZSCH Personal Assistant, Robert Hantzsch (Owner), Ostseestrasse 109, 10409 Berlin
or by e-mail to: firstname.lastname@example.org
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return or hand over the received performance as well as uses (e.g. advantages of use) to us, or only partially or in a deteriorated condition, you must pay us compensation for the value. This may mean that you will still have to fulfil your contractual payment obligations for the period until the revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration, for us with its receipt.
Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.
End of the cancellation policy
Ordinary termination is excluded, except in the context of subscriptions (see 2.6). The parties' extraordinary right of termination shall remain unaffected. For these the text form is required.
10.1 Warranty claims for defects do not exist.
10.2 RH is only liable for further claims and rights in case of intent and gross negligence according to legal regulations.
10.3 Claims for damages from torts are excluded, unless the damage was caused intentionally or by gross negligence.
10.4 In case of slight negligence, RH is only liable by violation of an essential contractual obligation or in case of default or impossibility.
10.5 Liability for slight negligence, for tort and for compensation for futile expenses shall only apply to damages that are foreseeable and typical.
10.6 The points 10.2.-5. also apply to actions of vicarious agents and assistants of the RH.
10.7 In the case of a contractual agreement for the provision of external service providers, the following shall be liable RH not for their breaches of duty. RH is explicitly not liable for contracts concluded beyond the power of representation of the external service provider or for unauthorised acts committed by external service providers.
10.8 These limitations of liability shall not apply in cases of fraudulent intent, injury to life, body or health, for defects of title and for liability under the Product Liability Act.
11. general information duties on alternative dispute resolution under Art. 14 (1) ODR-VO and § 36
VSBG (Consumer Dispute Resolution Act)
The European Commission provides an Online Dispute Resolution (OS) platform which can be found at this address: RH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. applicable law
The concluded contract is exclusively subject to the law of the Federal Republic of Germany.
13. place of jurisdiction
13.1 Insofar as the customer is an entrepreneur, the place of jurisdiction is Berlin.
13.2 Insofar as the customer is a consumer, the place of jurisdiction is the customer's place of residence. If, contrary to his statements, the customer does not have a place of residence in the Federal Republic of Germany or moves his place of residence abroad after conclusion of the contract or his place of residence is not known at the time of filing a suit, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Berlin.
RH expressly does not offer any legal, tax or financial advice. RH will only act as a mediator for this purpose after being commissioned accordingly.
15. final provisions
15.1 Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract.
15.2 Changes or additions to this contract must be made in writing.