Recital Clause

Konen & Lorenzen is specialised in placing qualified management personnel in the hotel-, catering- and tourism industry as well as in other service sectors. Konen & Lorenzen attends consultative to the recruitment process. These T&Cs governs the conditions under which the contracts between Konen & Lorenzen and their clients shall be concluded. Any deviations thereof have been confirmed in writing by Konen & Lorenzen. With the acceptance of the services of Konen & Lorenzen amended T&Cs shall be regarded as accepted. Differing Terms and Conditions of the client shall not be recognised without an explicit approval in individual cases.

1. Principles of Co-operation

1.1 Konen & Lorenzen agrees to search candidates according to the job description and the requirement profile as defined by the client, and to execute each mandate in a conscientious and careful manner

1.2 The client agrees to provide all documents, data and information that are necessary for the execution of the mandate. Konen & Lorenzen guarantees that all data and information shall be treated confidentially. These shall solely be used and stored for the purpose of processing the mandate and shall not be passed on to third parties.

1.3 The application documents submitted to the client shall only be used for the purpose of filling a vacancy and shall not be passed on to third parties, including affiliated companies, without express consent of Konen & Lorenzen, whether as original documents, as copies or in digital form. The documents, including all copies and documents in digitalised form, of rejected or rejecting candidates shall be returned in their entirety to Konen & Lorenzen or be destroyed.

1.4 Either party may terminate an individual search mandate at any time. For candidates already presented to the client, the provisions of this agreement shall continue to apply.

1.5 Should the candidate (in accordance with Section 670 of the German Civil Code [BGB – Bürgerliches Gesetzbuch]) demand the reimbursement of costs incurred in connection with a job interview with the client, he/she is obliged to reimburse these costs.

1.6 An individual search mandate is completed at the latest with the conclusion of an employment contract between the client and the candidate.

2. Warranty / Liability
2.1 All information relating to the candidate is based on details and information given by the candidate himself/herself or a third party. Konen & Lorenzen can therefore neither accept any liability for the accuracy and completeness, nor for the actual suitability of a candidate.

2.2 Konen & Lorenzen cannot guarantee that a proposed candidate is not placed elsewhere or does not decide to accept employment somewhere else.

2.3 Konen & Lorenzen will make every effort to find and recruit the best possible candidate for the client and the advertised job, and to carry out the entrusted tasks to the satisfaction of the client. If, nevertheless, damages resulting from the work of Konen and Lorenzen are incurred by the client, the following applies irrespective of the legal grounds: In case of a significant breach of contract, Konen & Lorenzen is liable up to the maximum amount of the fee paid by the client to Konen & Lorenzen for this contract, unless an intentional or grossly negligent breach of contractual obligations has taken place. Konen & Lorenzen is only liable for the violation of non-essential contractual obligations in cases of malicious intent or gross negligence. Konen & Lorenzen is only liable for grossly negligent breaches of duty up to the amount of the damage that was predictable for Konen & Lorenzen at the time of the conclusion of the contract, and taking into account all circumstances that were known or culpably unknown to Konen & Lorenzen. The limitations of warranty and liability stated above shall not apply in case of culpable damage to life, body and health.

2.4 Any liability claims against a candidate must be declared exclusively against this candidate.

3. Fees
3.1 The amount of the fee is calculated on the basis of the annual gross salary (AGS) plus statutory VAT. The gross annual salary includes tax-advantaged special payments or other special remunerations, e.g. bonus, Christmas bonus that increase the actual income of the candidate. In the case of payment of a performance-related bonus, only 50% of the bonus limit will be used as basis for calculation.

3.2 The fee is, depending on the client’s choice, and the lengths of the warranty period as defined by Clause 4.The fees are subject to statutory VAT.

An advance payment may be due which would be excl. VAT, and due immediately. Upon successful placement this advance payment will be offset against the subsequently arising commission. In case of a cancellation of the mandate or non-placement, there is no entitlement to a reimbursement of this payment. Expenses, including travel costs incurred at the request of the client, will be charged separately.

3.3 Konen & Lorenzen must be informed of the conclusion of an employment contract with a proposed candidate within one week in writing (via e-mail is sufficient) by the client. Here, the details of the contract and in particular the agreed gross annual salary plus special payments and special remuneration (Clause 3.1), the starting date of the contract, the exact job position and the billing address of the client must be stated. On request of Konen & Lorenzen, the client must provide a copy of the concluded employment contract. If the employment contract is concluded under other than the agreed terms or the proposed candidate is employed in a different position or/and in an affiliated company, this shall not affect the fee claim of Konen & Lorenzen.

3.4 If the client or an affiliated company employs a candidate proposed by Konen & Lorenzen at a later time (within 12 months) – whether for the same position or a position different to the one initially advertised – a fee entitlement remains in place in accordance with Clause 3.1 also in this case.

4. Warranty
Konen & Lorenzen agrees to search – once and at no additional cost – for a replacement for a candidate who has been placed, if the employment relationship ends within the period chosen by the client in accordance with Clause 3.2. The fee claim shall remain unaffected by this. This commitment shall apply (1st) for a period of 6 months, (2nd) solely for the vacant position and (3rd) under the condition that the fee of Konen & Lorenzen has already been paid in full for the vacant post.
5. Terms of Payment
The invoice shall be issued after the employment contract with a proposed candidate has been signed, and is due within 14 days after the invoice date without deduction.

6. Duration

This agreement is valid from the date of mutual signing and is concluded for an indefinite period. It can be terminated at any time in writing without notice.

At the time of termination, already issued individual search mandates initially remain unaffected, which means that they will still be processed unless a cancellation of the individual mandate takes place within the meaning of Clause 1.4.

7. Final Provisions
7.1 For the legal relations between the parties of the contract, the provisions in the T&Cs of Konen & Lorenzen shall apply exclusively, unless expressly agreed otherwise in an individual request.

7.2 If any provision of these T&Cs is or becomes invalid, the validity of the remaining provisions shall remain unaffected by this. The parties are obliged to replace the provision/provisions which has/have become ineffective by such provisions that most closely approximate the intended economic purpose.

7.3 These T&Cs is solely subject to German law.

to top