GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions apply to all legal transactions with AILC GmbH, Reherstr. 24a, CH-9016 St. Gallen, hereinafter referred to as AILC. The trademark “Escort Playmates”, registered at the German Patent and Trademark Office, is also used as a synonym for AILC on the text pages of the Internet presence.
§ 1 Subject matter of the contract
AILC provides the client with one or more persons to accompany him for a business and/or private occasion for a certain period of time.
AILC may change the services and conditions promised by the contract if this is reasonable for the client, taking into account the interests of AILC.
Should the customer be late at the agreed date, he has to inform AILC immediately by telephone.
All customer data will be treated confidentially and will not be passed on to third parties.
§ 2 Obligations of the customer
The customer must inform AILC and subsequently the person mediated of the intended, concrete purpose, scope and special features of the desired service. The customer has to appear at the appointment in a well-kept appearance and in a non-alcoholized condition. The customer will not demand any legally or morally inadmissible actions from the mediated person. The customer shall ensure to the full extent that the accompanying person is not endangered in any way in his or her physical integrity during the provision of the service. The Customer shall be fully liable for any material or immaterial damage caused by the Customer to the Accompanying Person during the provision of the Service. The client undertakes to book or contact a person mediated by AILC in the future only via AILC, never directly or via third parties.
§ 3 Conclusion of contract
All offers from AILC are non-binding. A contract is only concluded with a written or telephone confirmation from AILC. If the customer cancels the agreed appointment or if he does not appear punctually at the agreed appointment, he remains obliged to pay the agreed fee. Payments already made will not be refunded. AILC is not obliged to supplementary performance. If the customer cancels more than 24 hours before the start of the appointment, the advance payment will be returned to AILC as credit for a period of seven days. In this case AILC will try to offer the customer an alternative date without further costs. If this is not successful, the customer only has to pay 30% of the agreed AILC fee. Otherwise, the customer is released from the obligation to pay.
If the customer rejects the accompanying person within the first 15 minutes of the agreed period, he has to pay only 20% of the agreed fee and the travel expenses incurred by the accompanying person up to this point in time. Otherwise, the customer shall be released from his obligation to pay. AILC is entitled to cancel an appointment if the accompanying person cannot provide the agreed service for personal or health reasons. AILC will immediately inform the customer of such a cancellation. In this case, the customer will be reimbursed in full for any payments made.
Upon order confirmation, 30% of the agreed fee shall be paid to the account of AILC. The remaining amount of the agreed fee is to be handed over to the accompanying person personally in cash at the beginning of the service provision. The accompanying person is entitled to collect the fee. All costs incurred by the accompanying person for the performance of the order (e.g. travel expenses) are to be paid to the account of AILC upon order confirmation.
All costs incurred during the provision of the service (for admission tickets, rental cars, food, drinks, etc.) shall be borne directly by the customer.
The fee for an order extension immediately following the order is to be paid directly to the accompanying person. If the contract is concluded within 24 hours before the agreed date, the entire amount is to be handed over to the accompanying person in cash at the beginning of the service provision.
§ 5 Prices
All indicated and agreed prices include the legal value added tax.
The agreed prices always apply only to the respective order.
§ 6 Liability
AILC is liable for damages resulting from injury to life, body or health which are based on a negligent breach of duty by AILC or an intentional or negligent breach of duty by a legal representative or vicarious agent of AILC. AILC is also liable for other damages which are based on a grossly negligent breach of duty by AILC or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of AILC.
Otherwise, claims for damages by the customer are excluded.
AILC does not assume any liability for the quality of the service provided by the mediated person, since the development of interpersonal, social contacts between the meeting persons is beyond the control of AILC.
§ 7 Consequences of conduct in breach of contract
In the event of breaches of contract by the customer, AILC is entitled to withdraw from the contract. AILC has to declare the withdrawal immediately to the customer.
The declaration of withdrawal releases AILC from the (further) provision of services. The customer receives a credit note for the payments made by him, a debit note is issued for the damages incurred by AILC. An existing balance is to be settled within two weeks after determination. Subject to higher proof of damage, the damages to be paid by the customer shall amount to 30% of the agreed fee. The customer is entitled to prove at any time that a lower or no damage has been incurred.
§ 8 Offsetting
The customer may only offset undisputed or legally established claims.
§ 9 Final clause
The contract language is German. For all legal disputes arising from the business relations with AILC or from this Internet presence, St. Gallen in Switzerland is agreed as the place of jurisdiction. However, AILC may also sue the customer at the place of jurisdiction of his place of residence. Should one of these provisions be ineffective, the validity of the remaining provisions shall not be affected thereby. Verbal agreements are only valid if they have been confirmed in writing by AILC.