§ 1 Scope
The following General Terms and Conditions (AGB) apply to the legal relationship between us, YOURCAREERGROUP International GmbH
& Co. KG, domiciled in Düsseldorf (D) and the in Baar (CH) Branch Office, and the advertiser (private customer or company).
The AGB comprise the conditions for the advertising contract (No. II), for the applicant management software "horeso" (No. III),
for the use of the applicant centre (No. IV) and the General Conditions (No. V).
§ 2 Advertising Contract
Advertising contract as defined in the following General Terms and Conditions is the contract regarding the placing of one or
more job vacancy advertisements (hereinafter also referred to as advertisements) by a recruiter or other interested party
(client) on our internet sites for the purpose of distribution.
Our General Terms and Conditions apply exclusively to the advertisement contract; contradictory General Terms and Conditions
or those of our client's which differ from our General Terms and Conditions are not part of the contract unless we have expressly
consented to them in writing.
§ 3 Conclusion of the contract
The advertising contract shall enter into force as soon as we confirm the advertisement application in writing or by e-mail or
when we publish the recruitment advertisement on the internet or if we send the client the keyword, in writing or by e-mail,
and the client therefore has access to the advertisement management.
§ 4 Access to the database for candidates
For the term of the advertising contract concluded with us, we give our customers the free possibility to access the database
of candidates and to contact them, insofar as the customer has access to its customer centre on the basis of an existing
contract or has a valid password.
Companies which work for third parties are not entitled to access the database for candidates or access to the
password-protected customer centre.
Third parties which have not concluded an advertising contract with us or whose advertising contract has ended, are not
permitted to access our database for candidates and to use these data, in particular if access to our database is to lure
away candidates or customers. In this case, we reserve the right to seek injunctive relief without prior warning.
§ 5 Right of refusal
We reserve the right not to publish advertising applications due to their content, origin or technical form according to uniform, materially justified principles. This applies, in particular, if the content of the job advertisement breaches statutory or official provisions or against the morals, or if the publication is inappropriate for use for other reasons.
We reserve the right to remove job advertisements and other advertisements whose content breaches statutory or official
provisions or against the morals, or if the publication is inappropriate for use for other reasons, without advance warning
to the client. The client shall be advised of such a measure immediately. This shall not entitle the client to claim for
§ 6 Content and rights to the advertisement/copyright
The client is solely responsible for the content, in particular for the accuracy and legal reliability, of the text and image
documents provided for use in the advertisement. We are not required to check that the advertisement does not infringe third
party rights. The client shall indemnify us from third party claims, which arise against us from the advertisement order in
Insofar as protected brand rights are used within the framework of the publication of the advertisement, the client herewith
consents to their use. The client guarantees that it is entitled to grant the consent.
The advertisements published on our sites may not be published elsewhere. Links to the clients' advertisements on internet
sites not belonging to YOURCAREERGROUP are only permitted with written consent.
All information published by us (text, images, etc.) are subject to our copyright, the copyrights are transferred to us,
insofar as the client is the holder of these rights. However, this does not include advertisements published by us, which
have been transferred by the client itself or by an agency working for the client. Only is these cases, we do not have
the copyright, and instead it lies with the respective client or agency.
The personal data provided by the clients within the framework of the advertising contract, which are needed simply for
registration but which are not included in the job advertisement, are not made accessible, forwarded or published by us
to third parties.
§ 7 Start of publication/publication of the advertisement
The publication starts at the time agreed in writing with the client. If no time is agreed in this way, publication is possible
immediately after the access data for the customer centre have been sent. These data shall be sent by e-mail. In this case,
the start of the advertisement is the day when the access data are received by the client. The client is responsible for
the full delivery of perfect, suitable advertising copy. Delays resulting from the content of the text provided by the
client for publication, or which are due to content or technical reasons, are generally not our fault.
§ 8 Right of refusal
For publication of the advertisement, the client shall pay to us the remuneration according to the pricelist available on the
internet via our domain www.hotelcareer.com, unless agreed otherwise
in writing. The valid price list published by us on the internet or otherwise at the time the client's application is received
shall apply. Upon request, the price list shall be sent to the client.
We generate the invoice immediately after publication of the advertisement and send it to the client. The invoice is payable
without deductions within 14 days of receipt by the client.
If we are able to demonstrate higher default losses than those prescribed by law, we reserve the right to claim them.
§ 8 Place of publication, linking/framing
The client shall pay the fee for publication of the advertisement on our internet sites. The client therefore is entitled to publication
there for the term of the contract.
We are also entitled but not required to make the job advertisement accessible otherwise, in particular through partner sites.
These are additional and voluntary services, for which the client shall not incur further costs. The client expressly agrees
to making its job advertisement accessible on our partner sites.
The client is advised that according to the current state of technology, it cannot be ruled out that the job advertisements
published on our internet sites are also copied, linked and/or published, disguised as their own offer, by other internet
providers. Within the framework of the technical and legal possibilities, we shall endeavour to prevent copying,
linking and/or framing as described above. To this end, the client herewith grants any required consent. However, if
there is any unauthorised linking and/or framing, which has not been caused by us culpably or negligently, this shall
be tolerated by the client. The client cannot derive any claims against us from this.
§ 10 Notice of complaint
For mutual commercial transactions, the client shall check the advertisement immediately after publication and immediately
advise of any errors. For such commercial transactions, the notice period for errors shall start, in the case of obvious
errors, with the publication of the advertisement, and in the case of concealed errors, upon their discovery. If the
client omits reporting errors, the publication of the advertisement is deemed to be free of errors.
§ 11 Safeguarding of templates - archiving of advertisements
Templates provided by the client to create the advertisement shall only be returned by us upon express written request from
the client. The duty of retention shall end three months after the end of the advertising contract.
We are not required to store published advertisements for 10 years after the end of the advertising contract.