Terms and Conditions
Area of Application
Angels & Devils UG operates a mediation agency for the transfer of escort ladies (hereinafter referred to as “service providers”) under the names “Emodels Escort” and “Marc van Bliss Escort Berlin”.
Customers (hereinafter referred to as “clients”) may place an order for mediation in person, in writing, by telephone or via the two internet platforms (www.emodels-escort.de/com | www.mvb-escort-berlin.de).
The services of the agency (hereinafter referred to as “intermediaries”) are exclusively based on these terms, which also regulate the basic content of the mediated contract to the service provider. Thus, for all transactions between Angels & Devils UG with the brands Emodels Escort | Marc van Bliss Escort, the following general terms and conditions apply.
These are acknowledged by the client with order confirmation and are valid for the entire duration of the business relationship. The law of the Federal Republic of Germany applies exclusively to the business relations between the agent and the customer. The contract language is German.
Conclusions, collateral agreements, changes to the contract, verbal agreements and statements by representatives require the written confirmation by the agent to be effective. This requirement cannot be resigned.
Description of Services / Subject of Contract / Conclusion of Contract
It is the task of the intermediary to mediate service providers to clients for private, social or business purposes. The intermediary, however, does not guarantee the actual condition of a corresponding service contract and / or the fulfillment of the services promised by the service provider. The specific service to be provided by the service provider is therefore not a contractual component of the mediation agreement. The intermediary shall exclude all services which are directed at legally unacceptable activities of the clients or service providers.
The actual activity of the intermediary begins after the client has given an inquiry personally, in writing, by telephone or via the two internet platforms (www.emodels-escort.de/com | www.mvb-ecort-berlin.de). The intermediary reserves the right to refuse requests. There is no claim to conclude a contract with the agent.
Based on the information provided by the client, the intermediary determines suitable service providers for the selection. As soon as the client has decided that the selected service provider should arrive, the intermediary will contact the service provider to check whether the latter wishes to accept the client’s order. On request, the contact between the client and the service provider can also be established directly.
The service provider is self-employed and provides his services for his own account. The service provider therefore decides independently whether the order is accepted. This statement of intent by the service providers to the intermediary or the client may be made by telephone, email, in writing, personally or by mail. If the client’s request is accepted by the service provider, an effective contract only arises with the promise of the provider and the order confirmation by the intermediary. This confirmation from the intermediary to the client can be made by telephone, email – in writing, personally or by mail.
The contract between the service provider and the client is an independent agreement between these two parties. Angels & Devils UG is therefore only acting as an intermediary.
The intermediary does not provide any services in the sense of a tour operator. In individual cases, if the client and / or the service provider wishes so, the intermediary assumes bookings for, for example, restaurants and / or hotels, on behalf of the client and / or the service provider. This also applies to bookings for a trip, for example for flights, train or rental car hire. These tasks may be undertaken by the intermediary on behalf of the customer and / or the service provider.
Before, during and after the provision of services by the service provider, the intermediary is the contact person of the client in the event of any questions arising, in particular of an organizational nature. In the event of differences of opinion and problems between the service provider and the client, the intermediary also acts as a coordinator.
Remuneration / Fee / Payment Agreement
The remuneration is based on the time table valid for the conclusion of the contract (available on the intermediary’s website: www.emodels-escort.com | www.mvb-escort-berlin.de). The fees are in Euros. The fee is for a booking and for a pre-determined time. Other costs, such as travel expenses or costs for food and beverages, are not included in the fees and are to be borne by the client. Each service provider decides individually and independently which fee he or she requires for the provision of the required services. These fees, which can be viewed on the intermediary’s website, are as follows: 25% to 40% of the fee is the commission of the intermediary for the mediation of the service providers. 75% to 60% of the fee is the remuneration for the provision of the service of the service provider.
The payment of the agreed remuneration, as well as possible premiums – for example for flight or train tickets – should take place in such a way that the intermediary receives his mediation commission before the provision of the service. This can be done, for example, in cash or by bank transfer. The proportion of the fee that the service provider is entitled to is generally payable directly to the service provider in cash at the beginning of the meeting. In so far as the intermediary receives, in exceptional circumstances, the remuneration for the service provider, he shall be empowered to do so. Any transactions will be made under a neutral name and without any indication of the offered service.
Disclaimer of Liability
The data and descriptions of the service providers on the intermediary’s website are based on the data provided by the service providers. The mediator assumes no liability or warranties for this information.
The agent accepts no liability for transactions resulting from the fulfillment of the service contract between the service provider and the client. This applies, in particular, to the actions and omissions of the mediated service provider, since this relates to the relationship between the service provider and the customer. The service provider is not a representative and is not an agent of the mediator. The service provider acts independently and is his own legal personality.
The intermediary only establishes contact between the service provider and the client. The relevant contract modalities of the booking, such as time, place, duration and the fee, are agreed between the intermediary and the client. Contractual partners are, in the legal sense, the contracting entity and the service provider. Upon acceptance of the order by the service provider, the latter establishes a separate independent legal relationship with the client from the intermediary business in the ratio intermediary – client and intermediary – service provider.
The client is not entitled to charge the intermediary for any failure costs, if a service promised by the service provider is not provided or the service provider does not appear at the agreed time. In the event of the non-appearance of the service provider, the intermediary shall endeavour to replace the service as quickly as possible.
Apart from that, the intermediary is only liable, as required by the statutory provisions, within the framework of the mediation contract between the intermediary and the client:
The intermediary is liable for damages resulting from injury to life, body or health as well as for damage caused by intent or gross negligence on the part of the intermediary or one of its legal representatives or vicarious agents, as well as for damages that fall within the scope of a guarantee or assurance given by the intermediary.
The intermediary is liable for damages resulting from a slight negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents, subject to the limitation of the contract-type foreseeable damage. In the case of slightly negligent breach of duty, the liability of the intermediary is limited to the foreseeable, contract-typical damage foreseeable according to the nature of the service.
Cancellation / Rescheduling of Appointment
A free cancellation is always possible within 36 hours (date of cancellation) as to the services of the intermediary and the service provider for the client – before the official start of the meeting. Already paid fees are fully refunded. The date of acknowledgment / confirmation by the agent is the date of cancellation.
Previously communicated costs connected with the meeting, for example for hotel, travel expenses (flight, train, taxi) are to be reimbursed by the client. Also, to be reimbursed by the client are costs, which arise for an appointment transfer or cancellation, for example for hotel or car rental bookings. These must be borne by the customer regardless of the date of cancellation.
In the case of a cancellation less than 36 hours before the start of the agreed meeting, 60% of the advance payment will be reimbursed as to the agreed fee.
The mediator is generally not liable for cancellations or delays of the service provider.
A time delay of up to 60 minutes is to be expected by both the service provider and the client, if the meeting is shifted by unavoidable events and / or force majeure, such as weather conditions, strikes, etc. If fulfillment of the benefits is not possible for the reasons stated above, then both the service provider and the client are exempted from their obligation to perform. If the client has already paid fees, these will be refunded.
It may happen that personal data of the client are collected, stored and processed within the framework of the legal provisions during the initiation, conclusion and execution of the contractual relationship by the intermediary. The personal data of the client are used exclusively within the framework of the transactions necessary for the intermediary activity. Further use outside the actual intermediary activity requires the express consent of the client. The intermediary assures that personal data of the client are not passed on to third parties outside the actual intermediary activity, unless the intermediary is legally obliged to do so, or the client has given the intermediary his express consent.
Applicable Law / Jurisdiction
The law of the Federal Republic of Germany applies, except for the provisions of international private law. The Berlin court of jurisdiction shall be agreed for all disputes, unless otherwise provided by law. This shall also apply if the client has no place of residence within the European Union.
Right of Revocation
The client has the right to revoke this contract within a period of fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. To exercise the right of revocation, the customer must inform Angels & Devils UG, Lützowplatz 3, 10785 Berlin (email: email@example.com) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about the decision to revoke this agreement.
To maintain the revocation period, it is sufficient that the notice of exercise of the right of revocation is sent before expiry of the revocation period.