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General Terms and Conditions (GTC) for recruitment services in the tourism and gastronomy sector for candidates

 

This is a translation. Errors are reserved. Only the German version is legally binding. Please click here to view them. 

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1. Validity, conclusion of contract

1.1 AV Group OG, Linzerstraße 177/5, 3003 Gablitz, registered in the commercial register under number 605383 w (hereinafter referred to as "Agent") provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the Agent (AV Group) and the jobseeker (hereinafter also referred to as "candidate", "applicant", "jobseeker" or "employee"). These GTC apply exclusively to legal relationships with natural persons, i.e. B2C.

 

1.2 By contacting the agent, the candidate expressly confirms that he/she has read and accepted these GTC.

 

1.3 The agent's services and offers are subject to change and non-binding at all times.

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2. Scope of the service

2.1 The applicant entrusts the agent with the recommendation of job offers and employers in the hotel, catering or tourism sector, as well as the transmission of application documents on behalf of the applicant to potential employers in Austria, Germany and Switzerland.

 

2.2. The agent is commissioned when an application is submitted via the website www.av-lead.com, or when contact is made verbally or in writing, for example via job portals, email, social media or other channels.

 

2.3 The registration of the candidate and commissioning of the agent is non-binding for both parties and free of charge for the candidate.

 

2.4 If the criteria for successful job placement are met, the agent will contact the applicant. The subjective assessment of whether job placement is possible is the sole responsibility of the agent.

 

3. Duties and obligations of the jobseeker

3.1 The job seeker shall support the agent to the best of his/her ability in the performance of his/her duties. In doing so, he/she will provide the agent with all necessary information and any changes thereto, such as a complete and truthful CV, entry qualifications, contact details, references, etc.

 

3.2 The jobseeker is obliged to inform the agent immediately in writing of the conclusion of an employment relationship (e.g. employment contract, confirmation by e-mail, verbal contract, letter of confirmation of employment, etc.) if the agent has made the employer known to the jobseeker.

 

3.3 If the jobseeker is not (or no longer) interested in a specific job offer from the employer, he/she is obliged to send a written rejection to the agent within 3 calendar days. Otherwise, the offer is deemed to have been accepted and successfully placed.

 

3.4 The forwarding or mediation of specific job offers (i.e. the employer can be identified) to third parties or companies is strictly prohibited without the agent's prior written consent. In this case, the agent reserves the right to charge the candidate a penalty of EUR 2000 per job offer passed on or mediated.

 

3.5 If the jobseeker wishes to introduce other persons to the employer, e.g. family members, friends, acquaintances, etc., they must ask the agent for written consent in advance.

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3.6 In order to ensure that candidates are only contacted by potential employers or receive offers if they are actually interested in a placement, candidates agree to inform the agent immediately in writing if they are no longer interested in a placement by the agent or have already found another job. This helps to ensure the professionalism and effectiveness of our services for all parties involved.

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3.7 In the event that the jobseeker accepts a job offer which has been arranged by the Agent, either verbally or in writing to the employer or the Agent, but then does not start the job as agreed and without prior and timely written notification to the Agent, the Agent reserves the right to charge the jobseeker a flat rate of EUR 1.500 gross for the expenses incurred as a result. The payment period is 14 days from the invoice date and the invoice amount is payable in EUR. In the event of non-payment, the Agent reserves the right to commission external debt collection service providers and to charge the jobseeker statutory reminder fees, default interest and other charges.

 

3.8 In the event that the jobseeker accepts a job interview arranged by the Agent, via telephone, video call or in person, verbally or in writing to the employer or the Agent, but then fails to attend the interview as agreed and without prior and prompt written notification to the Agent, the Agent reserves the right to charge the jobseeker a flat rate of EUR 300 gross for the expenses incurred as a result. The payment period is 14 days from the invoice date and the invoice amount is to be paid in EUR. In the event of non-payment, the Agent reserves the right to commission external debt collection service providers and to charge the job seeker statutory reminder fees, default interest and other charges.

 

3.9 In the event that the jobseeker accepts a trial job arranged by the Agent verbally or in writing to the employer or the Agent, but then does not participate in the trial job as agreed and without prior and prompt written notification to the Agent, the Agent reserves the right to charge the jobseeker a lump sum of EUR 500 gross for the expenses incurred as a result. The payment period is 14 days from the invoice date and the invoice amount is to be paid in EUR. In the event of non-payment, the Agent reserves the right to commission external debt collection service providers and to charge the job seeker statutory reminder fees, default interest and other charges.

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4. Tasks and duties of the agent

4.1 The agent is obliged to exercise the interests of the jobseeker with the diligence of a prudent businessman when performing his duties as an authorised representative. The agent may make use of suitable persons to fulfil his tasks.

 

4.2 The agent searches for potential jobs for the jobseeker based on the written application or verbally communicated criteria and presents these to the candidate. The agent can also put the candidate in direct contact with potential employers so that the employers contact the candidate directly with job offers.

 

4.3 The agent only acts as an intermediary; any employment contracts are concluded exclusively between the employer and the jobseeker. Labour law agreements of any kind are the responsibility of the employer and the jobseeker and are not part of the placement service.

 

4.4 The agent informs the candidate immediately if one of the recommended vacancies is no longer available and the agent is informed of this.

 

5. Disclaimer of liability

5.1 The agent assumes no liability or guarantee for the accuracy of the information provided by the employer or recommended job offers, including translations. The final judgement as to whether a job offer has the desired characteristics is made exclusively by the candidate.

 

5.2 The agent acts solely as an intermediary and assumes no liability for compliance with the employment contract, labour law, working conditions or for any consequences and damages (e.g. non-payment of salary) resulting from non-compliance with the (legal) conditions and regulations.

 

5.3 All disputes or claims for compensation arising from an employment contract must be asserted directly against the employer; claims against the agent are excluded. The agent is also not obliged to provide his services in such situations (e.g. translation, advice on how to proceed, etc.).

 

5.4 The agent assumes no guarantee or warranty for a successful placement. There is also no obligation on the part of the agent with regard to a specific number of job offers or a delivery date.

 

5.5 It should be noted that the position may be filled by another candidate until the contract is signed or a binding commitment is made between the employer and the candidate.

 

5.6 If the employer cancels the employment contract before the start of employment, the agent will make every effort to place the jobseeker elsewhere. However, a new job offer cannot be guaranteed. This also applies in the event that the candidate resigns within the employment relationship, is dismissed, leaves prematurely or is made redundant.

 

5.7 It is the candidate's responsibility to inform himself/herself about the labour law provisions and procedures of the country of employment in accordance with the regulations of his/her country of origin and, if necessary, to initiate these independently.

 

5.8 In the event of premature termination of the employment relationship of the candidate or the recommended person, there is no entitlement to any bonus programmes of the agent. This applies regardless of whether the employee or the employer initiated the termination. Similarly, there is no entitlement to rewards in cases where the termination was caused by circumstances beyond the candidate's control, such as non-compliance with the employment contract, non-payment of salary by the employer or other breaches of labour law. The reward programmes are offered voluntarily by the agent and there is no legal entitlement to the reward.

 

5.9 The agent is not authorised to provide legal advice. Any information or information provided as part of the mediation activities does not constitute legal advice.

 

6. Duration and termination of the service

6.1 The agent's authorisation to act as an agent comes into force upon registration, see section 2.2, and is valid for an indefinite period.

 

6.2. The candidate may withdraw the commission at any time by contacting the agent informally in writing.

 

7. Bonus offer for candidates

7.1 The agent offers two types of bonuses for candidates:

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1. 200€ referral bonus

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• Conditions for participation: The candidate must recommend one or more persons to the agent ("recommended person") who are not known to the agent at the time. A person is deemed to be 'known' to the agent if they are or were already registered in the agent's database or have sent their CV to the agent in the past. Such persons are excluded from the referral bonus. If an already known person is recommended, the agent is obliged to inform the recommending candidate of this within 7 working days.

• Conditions of recommendation: A person is considered "recommended" when either the recommending candidate submits their name and CV in writing to the agent or the recommended person contacts the agent directly with a reference to the recommending candidate. The submission must be made in writing by e-mail and contain the name of the recommending candidate as well as the CV and contact details of the recommended person.

• Entitlement to reward: If the recommended person obtains employment through the agent and remains employed by the same for at least 3 months, the placement is considered successful and the recommending candidate is entitled to a one-off gross commission of EUR 200.

• Payment: The reward is due after 3 months from the date of registration with the relevant social insurance institution. The recommending candidate must submit the completed application form including related documents to the agent in writing, which will be made available upon written request. The agent will process the application within 5 working days and transfer the commission to the recommending candidate's bank account within 14 days of confirmation of the application.

• Further conditions: A person can only be referred to the agent once as part of our referral programme. A person may only be recommended by one candidate. The number of recommended persons per candidate is unlimited. Recommended persons can also take advantage of this bonus offer and recommend other persons.

• The bonus offer can be changed or cancelled at any time without prior notice.

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2. Loyalty bonus

 

• Claim and conditions for participation: Every candidate successfully placed via the agent is entitled to a one-time gross loyalty bonus of a maximum of € 500 gross, if previously agreed in writing, as long as they have been employed by the employer mediated by the agent for at least 3 months.

• Payment: The commission is due after 3 months from the date of registration with social insurance. The candidate must send the completed application form including related documents to the agent in writing, which will be made available upon written request. The agent will process the application within 5 working days and transfer the bonus to the referred candidate's bank account within 14 days of confirmation of the application.

• Further conditions: The bonus is only paid out once per candidate. This also applies if several jobs have been placed in succession for one candidate. The bonus offer can be changed or cancelled by the agent at any time and without prior notice.

 

7.2 In the event of premature termination of employment of the candidate or the recommended person, there is no entitlement to any bonus. This applies regardless of whether the employee or the employer initiated the termination. Similarly, there is no entitlement to a bonus in cases where the termination was caused by circumstances beyond the candidate's control, such as non-compliance with the employment contract, non-payment of salary by the employer or other breaches of labour law or sick leave. The loyalty and referral bonuses are offered voluntarily by the agent and there is no legal entitlement to these bonuses.

 

8. Disputes

8.1 All disputes arising from these GTC or relating to their breach, termination or invalidity, including the validity of this clause, may only be brought before the competent court at the registered office or place of business of the agent.

 

8.2 If the jobseeker is not domiciled in the EU, Iceland, Norway or Switzerland, the following shall apply in deviation from 8.1: All disputes arising out of these GTC or relating to the breach, termination or invalidity thereof, including the validity of this clause, shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one arbitrator in accordance with these Rules. The place of arbitration shall be Vienna. The language to be used in the arbitration proceedings shall be German.

 

8.3 These GTC shall be governed by and construed in accordance with the laws of the Republic of Austria.

 

9. Amendments and additions

9.1 The jobseeker shall be notified of any amendments to the GTC and these shall be considered agreed if the jobseeker does not object to the amended GTC in writing within 7 days; the jobseeker shall be expressly informed in the notification of the significance of silence and of the specifically amended clauses. This fictitious consent does not apply to changes to essential service contents and fees.

 

9.2 The invalidity of individual provisions of these GTC, for whatever reason, shall not affect the validity of the remaining provisions of these GTC. The invalid provision shall be replaced by a provision that comes closest to the purpose of the GTC and the interests of both parties.

 

10. Privacy policy

10.1 By submitting an application (e.g. via registration form on the homepage, e-mail, social media, telephone, etc.), the candidate consents to the processing of their personal data by the agent in accordance with the Federal Data Protection Act and the GDPR for the purpose of job placement.

 

10.2 The candidate expressly authorises and instructs the agent to process all personal and other data disclosed, as well as all information provided, and to pass it on to potential employers in Austria, Germany or Switzerland for the purpose of job placement.

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10.3 The candidate agrees that the agent may edit and change the application photos provided to him to a reasonable extent in order to increase the probability of a successful placement. The use and modification of publicly available photos, for example from profiles on social media, is also permitted without copyright information.

 

10.4 By sending the application, the jobseeker expressly agrees that potential employers from the agent's network may contact him/her directly.

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10.5 The (potential) employer and the agent are obliged to treat the CV and any candidate data confidentially and to use it only for the purpose of potential employment. As soon as this need no longer exists, the data disclosed to the (potential) employer must be deleted. Any other disclosure to third parties is prohibited. The agent is not liable for any further disclosure of data by potential employers.

 

10.6 If the Candidate recommends a person to the Agent (recommended person, see section 7.a), the Candidate is responsible for securing consent for the transfer and processing of personal data by the Agent and potential employer of the recommended person's personal data.

 

10.7 Every natural person (hereinafter referred to as "you") has the following rights in relation to the processing of their personal data:

• The right to information (Art. 15 GDPR): You have a right of access to the personal data concerning you that is processed by the agent.

• The right to rectification (Art. 16 GDPR): You have the right to rectification of data concerning you if it is stored incorrectly or incompletely.

• The right to erasure ("right to be forgotten" Art. 17 GDPR): You have the right to erasure.

• The right to restriction of processing (Art. 18 GDPR): You have the right to request the restriction of the processing of your personal data.

• The right to data portability (Art. 20 GDPR): You have the right to data portability.

• Right to object (Art. 21 GDPR): You have the right to object to the processing of personal data concerning you.

• Automated decisions in individual cases including profiling (Art. 22 GDPR): You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you.

• The right to lodge a complaint with a supervisory authority (Art. 77 GDPR): You have the right to lodge a complaint with the competent supervisory authority in the event of a suspected breach of data protection law. The competent supervisory authority is the supervisory authority at your usual place of residence, place of work or at the place of the suspected infringement.

 

10.8 If you have any questions about the use of your data or wish to withdraw your consent, please contact our office team (office@av-lead.com).

 

10.9 The Agent reserves the right to send the Employee newsletters and other relevant information in connection with the services offered electronically. If the Employee does not wish to receive this type of communication, it is possible to unsubscribe in writing at any time. A corresponding unsubscribe option can also be found in every newsletter e-mail.

 

11. Other

11.1 The place of fulfilment arising from the business activity is the agent's registered office.

 

11.2 In the spirit of equality, the agent addresses persons of all genders equally.

 

11.3 The agent's services are non-binding for the candidate at all times. Deletion from the candidate database is possible at any time after written contact.

 

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Gablitz, on 01/25/2024