Terms of Service

Terms of Service

GS Gentlemen’s Secret Verwaltungsgesellschaft mbH

(hereinafter referred to as “the agency” or “we”)

The agency mediates models (hereinafter referred to as “models”) for private and social events, for entertainment and leisure time and for erotic services (escort services) where applicable. The models perform their service on a self-employed basis with personal responsibility. The agency does not provide the model’s services, but advertises the models on the agency sites on the Internet and in other places and mediates potential customers. The decision as to whether a customer enquiry is confirmed is the sole responsibility of the model.

The valid version of these General Terms of Business upon conclusion of the contract applies exclusively to all contractual relationships between the agency and its clients (hereinafter referred to as “clients”). Deviating contractual offers or the client’s conditions are hereby rejected. The regulations of these GTBs also directly apply in favour of the model if mediated.

Basis of Bookings

The agency strives (with no obligation of success) to mediate a model to correspond with the client’s booking enquiry. With respect to the model’s services, the agency provides the client with declarations with the authorisation of the model. The agency does not become the contract partner with respect to the model’s services, but only mediates the contractual relationship between the client and model. The agency is therefore not liable for the model’s services.

A booking becomes binding with the confirmation of a client’s enquiry by the agency. The confirmation is provided on behalf of the model.

The service is mediated that is also the subject of the booking. All services not specified in the booking are to be agreed additionally. Subsequent changes to binding bookings require the agreement of the model.

We do not offer sexual services. The models we mediate are free to decide how the time is spent together with the client. Any type of harassment of the model and major ancillary duty violations by the client (endangering the model, threatening or exercising violence, drunkenness, drug use, crimes or lack of hygiene) entitle the model to immediate termination of the service. A refund is not paid in this case. In this case, the client must pay for the model’s time up until the end of the assignment and refund the model’s return travel costs.

The model is also entitled to terminate the service at any time and refund any advance payments by the client for services not provided.

The client must provide truthful information for the booking to the agency when making the booking and inform the agency of any change in requirements.

Cancellation and Postponement

If an assignment cannot be fulfilled, or cannot be fully carried out by the model due to circumstances that are not the model’s fault, the client owes the model a cancellation fee of 50% of the payment for the respective cancelled service as well as the refund of all external costs that can no longer be avoided (e.g. travel costs for travel that cannot be cancelled, cancellation costs, and insurances etc.).

In the case of delays that are not the fault of the model, especially non-culpable delays (e.g. due to strikes, weather conditions or transport problems), the date is postponed by the length of the unforeseeable incident. If such incidents lead to a postponement of more than one hour, the client and the model can withdraw from the contract. Claims for replacement of damages are excluded in this case.

Payment

1. The agency service is free for the client. The client must pay the agreed amount to the model. All fees are to be understood to exclude further expenses such as hotel costs, entrance fees, travel costs, flight/rail/ship tickets, kilometre flat-rates, expenses for meals/beverages and other ancillary costs during escorting and the costs of return travel. The payment is made, unless otherwise agreed, in cash by means of the client handing over an unsealed envelope to the model at the beginning of the appointment.

2. If payment is processed through the agency in exceptional cases, the agency invoices the model’s services in the name of and on account of the model.

3. Offsetting is only permitted with legally established claims or claims acknowledged from the agency and model. The client is only entitled to exercise his retention rights if the counterclaim is based on the same contractual relationship.

Liability

The agency is liable within the scope of its own range of duties for intent and gross negligence according to the legal regulations. The agency is only liable towards the client for violation of a fundamental contract duty (cardinal duty) and for damages caused by fatal injury, physical injury or damages to health. In case of slightly negligent violation of cardinal duties, liability is restricted to the typical and foreseeable contractual damages, but to a maximum of double the amount of the total payment to the model for the assignment for which liability exists.

The above-mentioned liability restrictions apply in the same way in favour of the agency’s legal representatives, associates, employees and management. They also apply correspondingly for the model\’s liability towards the client.

Final Clauses

The contract is available in German and English. The contract text will not be saved by the agency.

The client is entitled to cancel remote contracts (these are contracts that exclusively take effect using remote communication methods, such as e-mail). The client receives a detailed cancellation instruction with the booking confirmation.

We record the client’s data within the scope of processing contracts. We observe the regulations of Federal Data Protection law and Telemedia law. Without the agreement of the client, we will only record, process or use the client’s particulars and usage data if necessary to process the contractual relationship and to make use of and charge teleservices. We will not use the client’s details for advertising, market or opinion surveys without the agreement of the client, according to the legal regulations.

German law applies.

If individual clauses of these General Terms of Business are invalid, this does not affect the validity of the remaining clauses.

The place of fulfilment and court of jurisdiction for merchants, legal entities under public law and clients without a general court of jurisdiction in Germany is Hamburg.

Status: 08/09

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