Terms and Condition
General Terms and Conditions of Cinnamon Hospitality & Promotion GmbH
1. Scope of Application:
These General Terms and Conditions (GTC) apply to all services provided by cinnamon Hospitality & Promotion GmbH (hereinafter referred to as cinnamon GmbH), including labour leasing as well as comprehensive staffing and event concepts. Upon conclusion of the contract, or at the latest upon the use of the services, these GTC are deemed agreed upon and form part of the contract concluded between cinnamon GmbH and the client. The client’s differing terms and conditions shall only apply if expressly agreed to in writing by cinnamon GmbH.
2. Conclusion of Contract:
Contracts between cinnamon GmbH and the client are concluded only upon express acceptance by cinnamon GmbH. All offers made by cinnamon GmbH are non-binding.
3. Written Form:
Any amendments to the contract or these GTC must be made in writing. Such changes apply exclusively to the respective contractual relationship and not to previous or future agreements.
4. Scope of Services:
The contractual obligations are derived from the individually agreed-upon service descriptions, which form the basis of the contract. Cinnamon GmbH reserves the right to subcontract third parties for the full or partial fulfilment of its obligations. Whether the service involves pure labour leasing or additional agency services is determined individually for each agreement. In case of doubt, agency services are deemed to be provided.
a. Scope of Labour Leasing Services:
Labour leasing involves the provision of the required workforce and not the performance of specific tasks. There is no obligation to achieve a particular work result. Leased workers are subject to the instructions and responsibility of the client, who must adhere to all relevant legal regulations, particularly those regarding working hours, safety, and accident prevention. The client is responsible for introducing, instructing, and providing necessary safety measures, including appropriate work equipment and protective clothing.
Leased workers remain employees of cinnamon GmbH and do not enter into any employment relationship with the client. The client must ensure equal treatment and non-discrimination for the leased workers as if they were direct employees. Cinnamon GmbH reserves the right to access the worksite during working hours to monitor conditions.
The client is solely responsible for any contractual or statutory violations related to the employment of leased workers and shall indemnify cinnamon GmbH against any resulting claims or damages.
b. Scope of Agency Services and Customised Agreements:
Cinnamon GmbH develops comprehensive staffing and event concepts and ensures their on-site implementation. The scope of services is defined by individual agreements forming the basis of the contract. The client is obliged to provide cinnamon GmbH with all necessary information, documents, and data required for the preparation and execution of services.
5. Working Hours:
a. Labour Leasing Working Hours:
During the leasing period, the client is considered the employer in terms of working time regulations and must comply with all relevant statutory and collective labour law provisions.
b. Agency Service Working Hours:
Cinnamon GmbH ensures compliance with working time regulations during the execution of services. Employees are entitled to a 30-minute break if working more than six hours, with an additional 10-minute break during night shifts. These breaks are fully charged to the client. Should services exceed eight hours, cinnamon GmbH will assign workers in shifts.
6. Supplemental Agreements to Service Contracts:
Any supplemental agreements altering or expanding the contractual scope of services must be made in writing. Adjustments necessary after the conclusion of the contract are permissible if mutually agreed upon and do not substantially alter the overall concept.
7. Billing and Invoicing:
a. Labour Leasing Invoicing:
Labour leasing services are billed based on actual working hours as documented in signed timesheets. All prices are net of VAT. Break times are not considered working hours.
b. Agency Service Invoicing:
Payment terms are as per the contractual agreement. Where no specific terms are agreed, cinnamon GmbH reserves the right to invoice each service immediately upon completion. Payments are due within seven days. Cinnamon GmbH may also request advance payments to cover expenses.
Additional expenses such as transportation, accommodation, and required permits will be charged to the client.
8. Travel Expenses:
a. Labour Leasing Staff:
Second-class train tickets, 3-star hotel accommodation in double rooms, economy flights, and compact-class rental cars will be charged.
b. Supervisory and Organisational Staff:
First-class train tickets, 4-star hotel accommodation in single rooms, economy flights within Europe, and premium economy or business flights outside Europe will apply.
9. Performance Obligations:
The agreed place of performance is specified in the service description.
10. Warranty and Liability:
a. Warranty for Leased Workers:
Cinnamon GmbH warrants that leased workers are generally suitable for the assigned tasks. In cases of absence or dismissal of leased workers, cinnamon GmbH may provide replacements without obligation to supply specific personnel.
b. Warranty for Agency Services:
Any deficiencies must be reported in writing within one week of service completion. Warranty is limited to improvement, replacement, or compensation for unfulfilled main services.
c. Liability:
Cinnamon GmbH is only liable for gross negligence or intent. Indirect damages or lost profits are excluded.
11. Confidentiality and Data Protection:
Both parties agree to maintain confidentiality of all information and data exchanged during and after the contractual relationship.
12. Termination and Cancellation:
Contracts can be terminated under mutual agreement or for significant reasons, with penalties applied for cancellations close to the service date.
13. Governing Law and Jurisdiction:
Austrian law applies exclusively, with disputes settled in the jurisdiction of cinnamon GmbH’s registered office.
The gender-specific terms used in these General Terms and Conditions are to be understood as gender-neutral and, in the interest of equality, refer to both male and female genders.