Definition of terms
The definitions in these conditions may be used throughout the Contract. Where a different definition is given in a document, that definition shall apply to that document. Definitions include both the singular and the plural of the terms concerned. “Bundle of packages”:
VISARIGHT offers the following bundles of packages: The Apartment Starter Bundle and the Apartment Pro Bundle. The Apartment Starter Bundle combines Temporary Apartment Package and Permanent Apartment Starter Package. The Apartment Pro Bundle combines the Temporary Apartment Package and the Permanent Apartment Professional Package. “Contract price”:
The price for a package, bundle of packages or individual service in accordance with the valid pricing on VISARIGHT’s website https://visaright.eu/business-pricing.
The contract price does not include value added tax. “Employee”:
Is the beneficiary of VISARIGHT’s apartment search services but has no contractual relationship resulting from this contract with VISARIGHT. There is the need for an Employee's contribution so that VISARIGHT can provide its services. This includes providing VISARIGHT with the forms, documents and truthful information necessary for the execution of the order in a timely, complete and truthful manner. “Employer”:
Has the contractual relationship resulting from this contract with VISARIGHT and selects a package, bundle of packages or individual service for the Employee and pays the contract price plus VAT. “Force majeure”: Unforeseeable circumstances that can prevent the Employer or VISARIGHT from fulfilling their obligations.
“Individual service”: Will be charged at a flat rate irrespective of the actual time spent for the execution of the individual service. The valid pricing and the scope of services can be found on VISARIGHT’s website https://visaright.eu/business-pricing. “Package”:
VISARIGHT offers the following packages: Temporary Apartment Package, Permanent Apartment Starter Package and Permanent Apartment Professional Package. The scope of services can be found on VISARIGHT’s website https://visaright.eu/business-pricing.§ 1 Contractual Obligations
The nature and scope of VISARIGHT’s contractual obligations depend on the package, bundle of packages or individual service selected by the Employer for the Employee.§ 2 Payment Terms
(1) The Employer must pay the contract price regarding the selected package, bundle of packages or individual service. The contract price needs to be paid 100% in advance.
(2) The contract price does not include value added tax (VAT).§ 3 Duration, Cancellation of an order
(1) The duration of the order mainly depends on the package, bundle of packages or individual service placed by the Employer. The extent of the Employee's contribution also impacts the duration of the apartment search. The order ends automatically when the agreed services have been fulfilled by VISARIGHT.
(2) Full invoice: VISARIGHT will charge the full contract price plus VAT in the invoice due the following: (a) If an apartment search package, bundle of packages or individual service is cancelled by the Employer without any reason but the apartment search has already been started by VISARIGHT. The amount of work done is not taken into account.
(b) The Employer decides not to continue the started apartment search process because the Employee declines/ends the job contract for reasons for which the Employee is responsible.
(c) The company decides not to hire the Employee after the obligations on the apartment search package, bundle of packages or individual service were fulfilled. The fulfillment regarding apartment search package and bundle of packages includes that the landlord has agreed to conclude a lease with the Employee. The fulfillment regarding individual service includes the execution of the selected individual service.
(d) The Employee acts unlawfully and/or non-contributory during the apartment search, i. e. provides VISARIGHT with false information about themselves, false documents, does not reply to offered listings at all or in a timely manner and does not attend scheduled viewings (three viewings in a row). VISARIGHT has the right to stop the service in this case.
(e) The Employee doesn’t attend an individually booked scheduled authority appointment or a scheduled apartment viewing appointment or cancels it in a short notice - 8 hours prior. In case the Employee wants to book a further appointment after not attending an appointment or cancellation in a short notice, VISARIGHT will charge the further appointment additionally.
(3) Partial contract price: VISARIGHT will charge a partial contract price plus VAT, which is calculated on the basis of the previous effort according to working time in relation to the package, bundle of packages or individual service. The partial invoice can be claimed in the following constellations:
(a) If the Employee finds an apartment himself/herself, that means they found an advertisement themselves, visited an apartment and signed a lease without any information from or consulting with VISARIGHT. For this partial contract price plus VAT the Employee needs to send the signed rental contract and landlord's confirmation for the residence registration/Anmeldung to VISARIGHT.
(b) The Employer decides not to continue the started apartment search process because the Employee declines/ends the job contract due to circumstances neither Employer nor the employee are responsible for provided the work on apartment search package, bundle of packages or individual service has been started by VISARIGHT. To claim this partial contract price, evidence of force majeure should be sent to VISARIGHT.
(4) No invoice: The requested apartment search service will not be charged / included in the invoice in the following case: If the Employer decides not to hire the Employee before VISARIGHT starts their work regarding apartment search package, bundle of packages or individual service.§ 4 Employer’s Contribution
(1) The Employer shall, to the best of its knowledge and belief, ensure that the Employee provides VISARIGHT with the forms, documents and truthful information necessary for the execution of the order in a timely, complete and truthful manner.
(2) The Employer’s duty regarding the Employee’s cooperation also refers to reminding the Employee regularly (once a week) if he or she doesn't review offered listings in a timely manner, attending the appointments or the cancellation of appointments with reasonable advance notice. These can be, among other things, appointments with authorities, visits to flats, inspections of flats or the collection and return of documents.§ 5 Liability
VISARIGHT’s liability for contractual breaches of duty and for tort is limited to intent and gross negligence. These limitations of liability shall not apply in the event of injury to life, limb and health of the customer, as well as in case of claims based on the German Product Liability Act and claims due to the breach of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardises the achievement of the purpose of the contract.§ 6 Data protection
(1) The personal data of the Employee shall be treated confidentially by VISARIGHT in accordance with the data protection regulations and shall be stored, processed, used and made accessible to third parties exclusively within the framework of the contractually agreed purposes and objectives. This obligation continues beyond the termination of the legal transaction.
(2) VISARIGHT has a data protection policy on its website, which contains further data protection principles that are effective for the Employee.§ 7 Choice of Law
German law shall apply.§ 8 Jurisdiction
The jurisdiction for all disputes arising therefrom shall be Magdeburg.§ 9 Conclusions
To the extent that any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions shall not be affected thereby.
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