General Terms and Conditions

Upon registration with the online job portal gastrojob.ch, the job portal of the publishing house Hotellerie Gastronomie Verlag (HGV), the client (this term applies to both job seekers and employers) accepts the following terms of use:

1. Online services for employers

The employer is provided with a range of online services of HGV in the login area. They support the employer’s search for suitable applicants.

After filling out the application form and submitting the data, the employer receives a confirmation email about the receipt of such data to the specified email address.

This concludes the contract between HGV and the client.

HGV reserves the right to refuse orders by the employer without giving any reasons, especially if the content to be published violates the permitted usage of the online services.

The HGV does not assume any responsibility whatsoever for successful staffing.

The employer is charged for the online services.

Special conditions apply for the member businesses of the Hotel & Gastro Union. They are applicable to individual businesses but not to employment agencies, central offices of hotel chains or others.

2. Permitted usage of the online services

The customers undertake to exclusively use the online services for job searching purposes and the search for applicants, respectively. Only respectable job offers and truthful application profiles are permitted.

Not permitted are, in particular:

•Content of job offers that does not serve the exclusive purpose to conclude a specific employment contract

•Content that infringes legal requirements as well as its upload

•Indecent content as well as its upload

•Applications and profiles with incorrect data

•Upload of forged documents (certificates etc.)

•Assuming a false identity

•Placing of links to service elements that lead, directly or indirectly, to websites with prohibited content

•Sending of unsolicited information to customers (or junk mails, respectively)

HGV reserves the right to remove prohibited data or data already published online without prior notice to the customer as well as to initiate legal proceedings, if applicable.

3. Use of the online services by the employer

Content

The employer alone is responsible for the content of the job openings placed and the content of the employer profile and guarantees that this data is legal, correct and up to date.

HGV investigates in the case of trustworthy indications of dubious offers or incorrect information.

In well-founded cases, HGV has the content corrected or deleted.

Obligation to comply with data protection regulations

The data of the job seekers is protected data. The employer undertakes to use the profiles retrievable in the database of applicants and the contact data for the search for suitable personnel only and to respect the personal rights of the job seekers while doing so. Any violations of the data protection act are punishable offences.

The following is not permitted in particular:

• Any processing of the data that does not serve the purpose of recruiting personnel, such as the passing on of data of job seekers to third parties like other job portals, for example

• Contacting job seekers to make them an unlawful or immoral offer.

Data handling by the employer

The employer may edit and delete the data at any time by using the login and password.

The renewed placing of ads for the sole purpose of updating the date it was placed is not permitted. In the case of infringements, HGV reserves the right to delete the data and/or the login without substitution.

Usage fee and payment modalities

The employer is to pay a usage fee to HGV for using the online services for the orders. This is payable in any case, whether the procurement was successful or not.

Under reserve of a different written agreement, the fees of the price list apply, which can be retrieved online at www.gastrojob.ch. The price list in place at the time of the placement of the order is the binding one. Special prices apply for the members of the Hotel & Gastro Union. The special conditions for members of hotelleriesuisse apply per place of business but not for employment agencies, central offices of the hotel chains or for other businesses that place job advertisements on behalf of third parties.

HGV reserves the right to demand an advance payment without giving any reasons. The release of the login data of the client and the rendering of the agreed services is then effected after the receipt of payment.

The invoice is usually created by HGV after the publishing of the advertisement. The invoice is payable immediately upon receipt without any discounts.

If the principal is in default in paying the invoice, HGV is entitled to suspend the rendering of the agreed services until the invoice amounts payable have been completely settled.

HGV reserves the right to, upon default in paying an agreed instalment by more than 2 weeks, accelerate the total amount of the invoice without any separate reminder.

HGV reserves the right to suspend registered customers from the online services without any prior warning or stating reasons or to demand changes to offers, profiles and other content, respectively.

The obligation of the employer to pay for the use of the online services remains unaffected.

Neither is there any claim for reimbursement of the principal in such cases.

6. Content of the online services

General content

HGV does not take any responsibility that the placed data is up to date, correct and complete, but acts to the best of its knowledge and belief to achieve this.

HGV renders the online services with diligence and professionally. The customer, however, cannot assert any right that the online services are available non-stop and without any errors. HGV is not liable for technical failures.

HGV reserves the right to change, complement or discontinue the online services partly or as a whole.

Suspension and deleting of customer data

HGV reserves the right to suspend registered customers from the online services without any prior warning or stating reasons or to demand changes to offers, profiles and other content, respectively.

HGV is entitled to delete any data or documents delivered to it one year after the order was placed, at the latest.

Copyright law

All content of the website is protected by copyright law. The copyright for content published and created by HGV lies with HGV.

Links

The website hoteljob.ch may contain links to other websites. HGV does not assume any responsibility whatsoever for the content of such websites. The operator of the respective website is solely liable for any illegal, incorrect or incomplete content and for any damages arising from the usage of linked information in particular.

7. Data protection regulations

General regulations

HGV undertakes to keep the personal data of the customers confidential and process it under compliance with the data protection regulations. Data is not passed on to parties that are not party to the transaction. HGV keeps statistics concerning the usage of the portal. The evaluations are done anonymously.

HGV reserves the right to, in the case of a substantiated suspicion of unlawful behaviour, pass information and registration data on to the competent civil and criminal authorities.

HGV reserves the right to inform customers about interesting products and services to a moderate extent and at regular intervals. If the customers do not want such information, they may object to this course of action at any time by writing an email to verlag@HGV.ch.

Security and storage of data

All content is stored on an external server. The customer agrees to the unencrypted transport of the data and is aware that the confidentiality is not guaranteed. The server provider has undertaken by contract to keep the stored personal data confidential and protect it from the access of third parties in a reasonable way.

User name and password

It is prohibited to pass login data on to third parties. The customers are obliged to keep the assigned user names and passwords confidential.

8. Liability

Liability of the customers

In the case of contract violations by the customer, the customers are liable for any damages they have caused to HGV or third parties, especially in the case of misuse of the services. If any damage arises from the misuse of user name and password, the customer is liable for damages in the case of grossly negligent or intentional behaviour. The registered employer becomes liable for damages and has to expect criminal charges if advertisements are published from a different user than the registered users with the login data of the employer, provided that such data has been made available by the employer by gross negligence or intentionally. The customer is liable for damages due to unlawful content or other infringements that third parties assert against HGV if such customer has been responsible for them. The liability also includes possible required legal expenses.

Liability of HGV

In the case of contract violations by HGV, it is liable for any damage caused by gross negligence or intentionally. HGV is not liable for consequential damages, lost profits, data losses or other indirect damages. HGV does not assume any liability for damages beyond its sphere of responsibility. It is particularly not responsible for any disruptions arising in the area of remote signal transmitters, access providers and hosting providers. Moreover, any liability for damages caused by computer viruses is excluded. HGV furthermore is not liable for any business interruptions serving the purpose of troubleshooting, maintenance and implementation of new technologies.

HGV is obligated to place adverts that were has published with errors in them a second time and with the correct content. There are no further claims for damages that may be asserted by the customer in this case.

9. Deviating agreements

Agreements deviating from the present general terms and conditions are only effective if they have been authorized by HGV in writing (letter, email, fax).

10. Modifications of the terms of use

HGV reserves the right to change the present general terms and conditions. The changed terms and conditions are made available to the customer on the online portal. The new conditions become effective immediately after they have been placed.

11. Applicable law and place of jurisdiction

In the contractual relationship between HGV and its customers, Swiss law applies exclusively. The exclusive place of jurisdiction is Lucerne.