1. Scope
1.1These General Terms and Conditions (GTC) govern the relationship between Rheinische Bahnpersonal- und Verkehrsgesellschaft mbH (hereinafter „RBP“) and its clients for personnel services. The following General Terms and Conditions (GTC) apply to all services provided or to be provided by RBP (the lessor) under and in connection with the service contract. Deviating GTC of the client shall not apply, even if RBP does not expressly object or the client declares that they only wish to conclude the contract under their own terms and conditions.
1.2The most recent German version of the „GTC Personnel Services RBP“ shall apply (available at https://www.rbp-bahn.de/agb/Personaldienstleistung).
1.3The customer’s General Terms and Conditions shall only apply to the extent that the contracting parties have agreed to this in writing.
1.4RBP’s business address can be found at www.rbp-bahn.de/datenschutz
2. Subject Matter
2.1RBP provides services on behalf of the Client. These include the independent planning, scheduling, and deployment of RBP employees (train drivers or shunting locomotive drivers, shunting attendants, and wagon inspectors) for trains commissioned by the Client on specified routes and with a defined quality. The Client provides the operating resources (locomotives) required to provide the services.
In addition to train travel, the services include technical and operational preparation and completion services for locomotives, train preparation and shunting operations related to train services, as well as the transfer of locomotives to/from the work site. Partial services or technical wagon inspections may also be commissioned. RBP assures the Client that only employees who have an employment relationship with RBP will be provided. Within this framework, RBP provides the following services on behalf of the client:
2.2The client is not authorized to issue instructions under labor law and is authorized to issue instructions to RBP employees only for safety-related operational instructions and in emergencies.
2.3The deployment of RBP employees for activities other than train drivers or shunting locomotive drivers, shunting attendants, and wagon inspectors is prohibited.
3. Obligations of the Client
3.1The Client shall ensure that the Contractor is provided with all operating resources, information, and documentation required to properly perform its services. In addition to properly maintained and operational locomotives, this includes local guidelines, speed books, timetables, schedules, etc., as well as the Client’s internal regulations required for the provision of services.
3.2The Client shall issue RBP with a supplementary certificate for each employee assigned as a locomotive driver and maintain the register required by the Regulation on the Granting of Driving Authorizations to Train Drivers and the Recognition of Persons and Bodies for Training and Examination (TfV).
4. RBP’s Obligations
4.1RBP undertakes to select suitable personnel for the intended work. All employees deployed have the necessary knowledge and skills for their respective duties and comply with mandatory legal and regulatory requirements, as well as the relevant accident prevention regulations. RBP guarantees that the employees it deploys are familiar with and comply with the regulations relevant to the client, which go beyond the regulations relevant to network access and are applicable to the services to be provided.
4.2RBP ensures that the employees deployed, unless they are citizens of an EEA country or Switzerland, are authorized to take up the duties under immigration law. RBP must provide appropriate documentation upon request from the client. The employees deployed must have a minimum B2 level of German proficiency.
4.3The railway medical examinations of the employees deployed must be carried out before the start of the contract and on an ongoing basis, and evidence of these examinations must be provided to the client upon request.
4.4If RBP purchases personnel from third-party companies for the provision of services, RBP guarantees that these third-party companies have been treated in RBP’s supplier management and have been reviewed with regard to expertise, reliability and performance.
5. Obligations of Third-Party Contractors
Third-party contractors are obligated to only deploy employees at RBP who meet all requirements regarding competence, qualifications, and suitability. The respective third-party contractor is responsible for monitoring all deadlines. Upon RBP’s request, the third-party contractor must provide evidence of all necessary qualifications and legal requirements of the employees provided to RBP. RBP reserves the right to independently and without prior notice to review this information on a case-by-case basis.
6. Price Adjustments
RBP is entitled to adjust the service fee at its reasonable discretion if changes in the cost situation arise. Reasonable discretion requires that the adjustment only considers the new cost situation, such as an increase in the remuneration of the personnel deployed due to a collective agreement applied by RBP.
7. Strike
If the client’s business is on strike, this is not considered force majeure. In the event of a strike, the client owes RBP the agreed service fee for that period.
8. Liability / Offsetting / Assignment / Disclosure of Data to Third Parties
8.1The liability of RBP and its legal representatives and vicarious agents is limited to intent and gross negligence. This limitation of liability does not apply to damages resulting from injury to life, body, or health. This applies to both statutory and contractual liability provisions, in particular cases of delay, impossibility, inability, breach of duty, or tort.
8.2In the event of intent or gross negligence on the part of ordinary vicarious agents, RBP is only liable for foreseeable damages.
8.3The client indemnifies RBP against all claims arising from the client’s violation of statutory provisions and/or official regulations.
8.4The Client is not entitled to offset claims against RBP’s claims or to assert a right of retention unless the counterclaim asserted by the Client is undisputed or legally established. The Client is not entitled to assign RBP’s claims to a third party.
8.5The Client undertakes to use data transmitted by RBP only to the agreed extent, in particular not to forward it to third parties without RBP’s consent; see also 8. Confidentiality below. Regarding an agreement on data protection, reference is made to 9. Data Protection.
9. Confidentiality
9.1The parties shall treat all information and data arising from the contractual relationship as confidential, unless they are publicly available or publicly accessible, even if they are not marked as confidential. In case of doubt, all information and data must be treated confidentially. Statutory disclosure obligations remain reserved.
9.2The obligation of confidentiality exists even before the conclusion of the contract and continues to apply after the termination of the contractual relationship.
9.3The obligation of confidentiality applies to third parties. The disclosure of confidential information within the Group or to third parties, such as insurers, shall not constitute a breach of the obligation of confidentiality. This applies to the Client to the extent that the disclosure is necessary for the performance of the contract.
10. Data Protection
10.1The parties undertake to comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
10.2Personal data may only be processed for the purpose of the contract and to the extent necessary for its fulfillment and implementation.
10.3RBP remains the sole owner of its personal data provided by RBP or on its behalf in connection with this contract.
10.4The Client may not disclose RBP’s personal data to third parties without RBP’s written consent.
10.5The Customer undertakes to take and continuously implement all economically reasonable and appropriate technical and organizational measures and precautions (particularly concerning its employees) to secure (personal) data and protect it from unauthorized or unlawful processing and accidental loss, destruction, or accidental damage.
10.6At RBP’s request, the processing of personal data by the Customer shall be subject to an additional data protection agreement.
11. Limitation Period
Subject to mandatory statutory provisions, all claims against RBP shall expire after one year.
12. Term of the Contract / Termination
12.1The service contract may be terminated by either party with a notice period of six months to the end of the month.
12.2The right of a contracting party to terminate for good cause remains unaffected. Good cause shall exist, in particular, if a price adjustment is not accepted by the customer.
12.3Terminations must always be in writing.
13. Place of Jurisdiction
The contracting parties agree that the courts with subject-matter jurisdiction at RBP’s registered office shall have exclusive jurisdiction for all disputes arising from or in connection with this contract.
14. Written Form
Amendments and/or additions to this contract must be in writing. There are no oral ancillary agreements. Instead of written form, electronic form (Section 126a of the German Civil Code) may also be used.