General Terms and Conditions for the German Guard and Security Industry (valid from 1 January 2018)
Sehgal-Security "Detective Agency and Security Service"
1. General Service Execution
(1) According to § 34 a of the Industrial Code, the guard and security industry is a trade requiring a licence and carries out its security service as a district guard, separate guard or special service.
a) The patrol service shall be carried out in uniforms by individual patrols or radio patrol drivers. Unless otherwise agreed, checks are carried out on each tour of the guard objects grouped together in guard areas at times that are as irregular as possible.
b) As a rule, the separate guard service is carried out by one or more guards or porters who are specially assigned to one or a few guards in a spatially related context. The individual activities are defined in special service instructions.
c) The special services include, for example, personnel checks, personal escort and protection services, cash and valuables services, security posts of DB AG, the operation of alarm and emergency call centres (service centres) as well as the implementation of cash register, security and supervisory services for exhibitions, trade fairs, events and other services.
(2) The mutual obligations of the client and the security company shall be agreed in special contracts.
(3) The security and security company provides its activity as a service (no temporary employment in accordance with the Act on Commercial Temporary Employment of 7 August 1972, as amended by the Announcement of 3 February 1995, last amended by the First Act for Modern Services on the Labour Market of 23 December 2002 (Federal Law Gazette l, p. 4607), whereby it uses its staff as vicarious agents. The selection of the employed personnel and the right to issue instructions lies with the commissioned guard and security company, except in the event of imminent danger.
(4) It is solely responsible for fulfilling all legal, official, social and employers' liability insurance obligations towards its employees.
2. Inspection procedure
In individual cases, only the written inspection regulation / alarm plan is decisive for the execution of the service. In accordance with the instructions of the contracting authority, it shall contain detailed provisions on the patrols, inspections and other services that must be carried out. Changes and additions to the inspection regulations/alarm plan require a written agreement. Insofar as unforeseeable emergencies so require, planned checks, tours and other official activities may be waived in individual cases.
3. Keys and emergency addresses
(1) The keys required for the service shall be provided by the client in a timely manner and free of charge.
(2) The entrepreneur shall be liable for loss of keys and for damage to keys caused intentionally or negligently by the service personnel within the scope of Section 10. The client shall provide the contractor with the addresses, which can also be notified by telephone at night in the event of a threat to the property. Changes of address must be communicated to the entrepreneur immediately. In cases where the contractor has to carry out alarm tracking via connected alarm systems, the client must order the notification sequence.
(1) Complaints of any kind relating to the performance of the service or other irregularities shall be reported in writing to the management of the undertaking for remedial action immediately after they have been discovered. If notification is not made in good time, rights arising from such complaints cannot be asserted.
(2) Repeated or gross violations in the performance of the service only entitle the entrepreneur to terminate the contract without notice if the entrepreneur does not remedy the situation within a reasonable period of time - at the latest within seven working days - after written notification.
5. Duration of the order
Unless otherwise agreed in writing, the contract shall run for one year. If it is not terminated six months before the end of the initial term, the contract will be extended for a further year and then again for another year, and so on.
6. Execution by other entrepreneurs
The entrepreneur is entitled, in agreement with the client, to use approved and reliable companies to fulfill his obligations under § 34 a GewO.
7. Interruption of guarding
(1) In the event of war or strike, riots and other cases of force majeure, the contractor may, insofar as its execution becomes impossible, interrupt the service or change it appropriately.
(2) In the event of an interruption, the entrepreneur is obliged to reduce the remuneration in accordance with any wages saved for the period of the interruption.
8. Premature termination of the contract
(1) In the event of relocation of the client as well as in the event of sale or other abandonment of the contractual object or object, the client may terminate the contractual relationship with a notice period of one month.
(2) If the entrepreneur gives up the territory, he is also entitled to an early termination of the contract with a notice period of one month.
9. Legal succession
In the event of the death of the client, the legal successor enters into the contract, unless the subject matter of the contract was mainly aimed at personal interests, in particular the protection of the person of the client. The contract shall not be affected by death, other legal succession or change of law of the entrepreneur.
10. Liability and Limitation of Liability
(1) The liability of the entrepreneur for property damage and financial loss culpably caused by himself, his legal representatives or his vicarious agents is limited to the maximum sums specified in paragraph (3) if the damage was not caused by intent or gross negligence on the part of the entrepreneur himself, his legal representatives or his vicarious agents or by culpable breach of essential contractual obligations.
(2) In jedem Fall leichter Fahrlässigkeit ist die Haftung des Unternehmers auf den bei vergleichbaren Geschäften dieser Art typischen und vorhersehbaren Schaden beschränkt.
(3) Die in Absatz (1) genannten Höchstgrenzen betragen:
a) bis zu 250.000 € für Sachschäden
b) bis zu 25.000 € für das Abhandenkommen bewachter Sachen
c) bis zu 12.500 € für Allmählichkeits- und Bearbeitungsschäden:
d) bis zu 25.000 € Schlüsselverlust
e) bis zu 12.500 € für reine Vermögensschäden.
(4) Ansprüche auf Ersatz von Sach- und Vermögensschäden direkt gegen die Mitarbeiter sind ausgeschlossen, sofern diese den Schaden nicht vorsätzlich oder grob fahrlässig oder durch Verletzung wesentlicher Vertragspflichten herbeigeführt haben. In jedem Fall fahrlässiger Schadensverursachung ist die Haftung der Mitarbeiter auf den bei vergleichbaren Geschäften typischen und vorhersehbaren Schaden beschränkt.
(5) According to § 6 of the Guarding Ordinance, the company has liability insurance. The insurance contract is based on the General Liability Insurance Conditions (AHB) and the Conditions for the Liability Insurance of Security Companies without restriction. In particular, damage that is not related to the actual safety service, such as the assumption of the obligation to spread black ice, the operation of sun protection devices, or the operation and support of machines, boilers, heating devices, electrical or similar systems, are excluded from this insurance cover.
11. Assertion of liability claims
(1) Claims for damages must be asserted against the company within a period of 1 week after the claimant, his legal representatives or vicarious agents have become aware of the damaging event. If the amount of the damage cannot be determined within this period, it is sufficient, but also necessary, that the damage be claimed on the merits. Claims for damages that are not asserted within this period are excluded.
(2) The client is also obliged to give the contractor the opportunity without delay to make all necessary determinations on the cause of the damage, the course of the damage and the amount of damage, either itself or through agents. Damage expenses arising from the fact that the client does not fulfil his above obligations or does not do so immediately shall be borne by the customer.
12. Liability insurance and proof
The entrepreneur is obliged to take out liability insurance within the scope of the assumed liability, the limits of which result from clause 10. The client may request proof of the conclusion of such insurance. These sums insured are laid down in the Ordinance on the Security Industry in the version of 23 July 2002 (Federal Law Gazette I p. 2724).
13. Payment of remuneration
(1) The services are billed monthly. The remuneration is due immediately upon receipt of the invoice.
(2) Offsetting and retention of remuneration shall not be permitted, except in the case of an undisputed or legally established claim.
(3) In the event of default in payment despite a reminder, the contractor's obligation to perform together with his liability shall be suspended without the client being released from payment for the contract period or from the contract at all. In all other respects, § 286 para. 3 BGB applies.
14. Price change
In the event of a change/new introduction of statutory taxes, levies, insurance premiums, motor vehicle operating costs, wage costs and ancillary wage costs, in particular through the conclusion of new wage, blanket or other collective agreements, the remuneration shall be changed by the amount by which the hourly rate for the execution of the order has changed due to the change in wage costs, ancillary wage costs and other above-mentioned costs, plus the applicable statutory taxes and duties.
15. Commencement of Contract, Amendments to Contract
(1) The contract is binding for the contractor from the point in time at which the client receives the written order confirmation.
(2) Ancillary agreements, amendments, additions or restrictions to the contract must be made in writing.
16. Prohibition of poaching and contractual penalty
(1) The client is not permitted to induce employees of the entrepreneur to terminate their employment relationship and to establish a new service or employment relationship as self-employed or dependent employees of the client. This provision shall also apply six months after termination of the contract.
(2) If the client culpably violates the provisions of subsection (1), he shall be obliged to pay six times the monthly fee as a contractual penalty.
17. Place of jurisdiction and place of performance
If the client is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction shall be the registered office of the company's principal place of business. This agreement on the place of jurisdiction shall also expressly apply in the event that
a) the party to be sued by way of legal action transfers its registered office, place of residence and/or habitual residence after the conclusion of the contract.
b) claims arising from the contractual relationship are asserted by way of the dunning procedure.
18. Final provision
If individual provisions of this contract should be legally invalid, they shall be reinterpreted in such a way that the economic purpose associated with the invalid provision is achieved. This shall not affect the validity of all other provisions.
Private detective agency, business detective agency, security service
A) What needs to be determined?
4. Damage to property
7. Feigning illness
9. Identification of undeclared secondary employment
10. Customer-friendliness test
11. Review of marital misconduct
12. Custody matters
14. Hidden miniatures
1.) Affected measures......
1. Camera installation
2. Photo material
3. Video recording
7. Defensive technique
8. Bedbug Finder
B) Where does the assignment have to be carried out?
1. Patrol service/guarding/surveillance for
c. Construction site
e. Business premises
f. Private institutions
g. Property protection
2.) Affected measures......
1. Security service
2. Patrol service
3. Precinct service
4. Porter service
5. Telephone service
6. Reception service
7. Patrol service with guard dog
8. Event protection
9. Parking regulation
C) Security concept
1. Vulnerability analysis
2. Mitigation of inventory losses
3. Fire protection
4. Safety Officer
5. Data Protection Officer