(1) In accordance with § 34a Commercial Code, the sentry and security business is a permit-requiring business which carries out its security services in the form of beat or district security services, individual security services, or special security services.
a) The beat or district security service is carried out by uniformed individual patrols or radio-equipped patrol drivers. Unless otherwise agreed, each round shall check on the individual surveillance objects within a specific district, at irregular times if possible.
b) Individual security services are usually done by one or several security guards or gatekeepers who are used exclusively for one or few surveillance objects within close spatial proximity. The individual activities are defined by special operating procedures.
c) Special services may include personnel checks, personal escort and protection services, money and valuable services, security posts, the operation of alarm and emergency call centers (service centers) and the implementation of cash, regulatory and supervisory services for exhibitions, fairs, events and other services.
(2) The mutual obligations of Client and sentry and security company are specified in special contracts.
(3) Contractor performs his work as a service (no temporary workers in accordance with the Law on Temporary Workers of 7th August 1972 in its most recent version dated 3rd February 1995, last amended by law on 16th December 1997 [Federal Law Gazette I , p 2970]), wherein the Contractor uses his employees as agents. Selection of the personnel employed and authority to give instructions - except in the case of imminent danger – shall be the prerogative of the commissioned sentry and security company.
(4) Contractor shall be solely responsible for the fulfillment of all legal, official, social law and accident prevention and insurance obligations toward his employees.
In individual cases, the implementation of the security service shall be governed by the written beat instructions/alarm plan. It shall contain the instructions of Client in accordance with the detailed provisions concerning the patrols, checks and other services which need to be performed.
Changes and amendments to the beat instructions/alarm plan shall require a written agreement.
Unforeseeable events may require that patrols, checks and other services may not take place as scheduled.
(1) Any keys required for the security services shall be provided by Client in good time and free of charge.
(2) In case of lost keys and damages to the keys intentionally caused by the service personnel of Contractor, Contractor shall be liable for such damages as specified in Paragraph 10. Client shall provide Contractor with those addresses that need to be notified by phone in case of any danger to the property, even at night. All address changes must be communicated to Contractor as soon as possible. In cases where Contractor must track the alarm across bridged alarm systems, Client shall provide Contractor with a sequential order of notification.
(1) Complaints of any kind relating to the execution of the service or other irregularities shall be reported immediately upon discovery to the operational management of Contractor to resolve the problem.
(2) Repeated or gross violations in the performance of the service shall only entitle Client to the immediate termination of the contract if Contractor does not provide any remedy of same upon written notice and within a reasonable time, however no later than within seven working days.
Unless otherwise agreed in writing, the duration of the contract shall be one year. Unless the contract is terminated three months prior to the expiration of the initial duration, the contract shall be extended by one additional year and then again for another year, etc.
Contractor shall be authorized, if so agreed with Client, to fulfill its obligations through other reliable companies which are approved pursuant to § 34a GewO. If Contractor uses such companies despite a lack of agreement with Client, Client shall have the right to withdraw from the contract.
(1) In case of war or strike, unrest and other cases of force majeure which render the implementation of services impossible, Contractor shall be authorized to interrupt of modify the service as needed.
(2) In case of such an interruption, Contractor shall be obliged to reduce the remuneration in accordance with the wages saved for the period of interruption.
(3) Contractor shall inform Client immediately of any occurrence of the circumstances referred to in Sect. (1) and their probable duration.
(1) In case Client is moving or relocating, or if the object or property is sold or otherwise terminated, Contractor may terminate the contract with one month’s notice.
(2) In case Contractor discontinues serving the specific district or beat, Contractor shall also be entitled to an early cancellation of the contract with one month’s notice.
In case of the Client's death, Client’s successors shall join in the contract, unless the subject of the contract was mainly due to personal issues, in particular the personal protection of Client. Death, other legal succession or legal changes of Contractor shall not affect the contract.
The following limitations of liability shall apply only to business transactions:
(1) Liability of Contractor for property or pecuniary damages culpably caused by himself, his legal representatives or his agents shall be limited to the maximum amounts specified in Sect. (3), unless the damages are caused by intentional or grossly negligent actions of Contractor himself, his legal representatives or his agents, or by culpable violation of essential contractual obligations.
(2) In all cases of minor negligence, the liability of Contractor shall be limited to typical and foreseeable damages in comparable types of business transactions.
(3) The maximum amounts specified in Section (1) are as follows:
a) Coverage per insured event EUR 6,000,000 lump sum for personal and/or property damage
b) EUR 250,000 for financial losses
Contractor, as part of his services and to cover any damages, shall maintain an insurance policy with Provincial Versicherung AG under policy number 6683233.
(4) All direct claims for restitution of property or pecuniary damages against the employees of Contractor shall be excluded unless said damages were caused by intentional or grossly negligent conduct or breach of contract. In all cases of negligent culpability, the liability of Contractor’s employees shall be limited to typical and foreseeable damages in comparable types of business transactions.
(5) Pursuant to § 6 Security Services Ordinance, Contractor shall maintain a liability insurance policy. The General Liability Insurance Conditions (AHB) and the Terms and Conditions for Liability Insurance of Security Companies apply without restrictions to this insurance policy. No insurance coverage shall be provided to any damages not related to the underlying security services, such as the additional snow and ice removal services, operation of sun protection devices, or operation and support of machines, boilers, heaters, electrical or similar installations.
(6) The above limitations of liability shall not apply to any injury to life, limb and health based on a negligent breach of duty by Contractor or based on an intentional or grossly negligent breach of duty by a legal representative.
(1) Claims for damages must be reported to Contractor within a period of 4 weeks after the claimant, his legal representatives or agents have been informed of the injurious event. If the amount of damages cannot be determined within this period, it shall be sufficient, but also necessary to assert such claims on principle.
(2) Furthermore, Client shall be obligated to give Contractor the opportunity, without delay, to make all necessary findings on the causation of damages, course of damages and extent of damages, either by him or through designated representatives. Any claims expenditures which might arise from the fact that Client does not promptly comply with the above obligations, shall be charged to Client.
Contractor shall be obligated to purchase liability insurance as part of the liability assumed, with its limits specified in Section 10. Client may ask for proof of the signing of such insurance.
These coverage amounts are set out in the Security Services Ordinance dated 7th December 1995 in its version dated 10th July 2003.
(1) Unless otherwise agreed, remuneration for the contract services is payable monthly in advance as business transactions.
(2) No offsetting and retention of remuneration shall be permitted, unless in case of an undisputed or legally valid claim.
(3) In case of default in payment despite reminders, the performance obligation of Contractor shall be suspended, without Client being exempted from payments for the contract term or the contract itself. Elsewise, § 286 Sect. 3 BGB [German Civil Code] shall apply.
In case of any change to/introduction of statutory taxes, fees, insurance premiums, vehicle operating costs, labor costs and non-wage labor costs, in particular through the conclusion of new wage, framework or other collective bargaining agreements, the remuneration shall be changed as business transactions similar to the change in labor costs, wage costs and other costs mentioned above with regard to the hourly rate for the execution of the assignment, plus the applicable statutory taxes and fees. Sufficient for the assertion of changed labor costs shall be a confirmation of same.
(1) The contract shall be binding for Contractor upon receipt of the written order confirmation by Client.
(2) The written assignment, plus these General Terms and Conditions, reflect the contract in its entirety. Verbal collateral agreements do not exist.
(1) Client shall not be permitted to entice employees of Contractor into the dissolution of their employment and the establishment of a new service or employment relationship as independent or dependent employees of Client. This provision shall continue to apply for six months after termination of the contract.
(2) If Client is culpable of violating the provisions of Section 1, Client shall be required to pay six times the monthly fee as a contract penalty.
(1) Data privacy and data protection shall be subject to the provisions of the Federal Data Protection Act (BDSG), especially §§ 27 ff. BDSG for non-public positions in its currently valid version.
(2) In particular, § 5 BDSG (Data Secrecy) shall apply.
(3) Any failure to comply with the regulations of the Data Protection Act shall evoke the liability provisions of Paragraph 10.
If Client is a businessman, a legal entity under public law, or represents a public special asset, the place of fulfillment and jurisdiction shall be the domicile of the Management of the Contractor. This agreement on jurisdiction shall also apply expressly in the event that
a) the party against whom a claim is filed (Defendant) does relocated its domicile, place of residence and/or regular residence after the contract was signed; or
b) claims from the contractual relationship are invoked via dunning proceedings.
1. Any singular, individual agreements made with Client, including collateral agreements, supplements and amendments, shall take precedence over these General Terms and Conditions. A written agreement or a written confirmation by Contractor shall be definitive for the contents of such agreements.
2. If any provision of this contract should be or become invalid, said provision shall be reinterpreted such that the economic purpose associated with the invalid provision is achieved as much as possible. The validity of the remaining provisions shall not be affected by the invalidity of a clause.