1. Cost of mediation / recruitment

In case the intermediary activities of ECR lead to an engagement in the principal’s service of one or more hospitality employees, proposed by ECR, the principal owes ECR – as from the date of signing the contract of employ, or entering the employ an amount of 10.5% of the gross yearly salary as incorporated in the labour contract between each of these hospitality employees and the principal and possibly increased by VAT/BTM. The amount due to ECR then (excl. VAT) will be not less than the 10.5% of the gross yearly salary, as mentioned in the document as referred to in A of these terms.

Principal is not obligated to any costs when the aforementioned labour contract(s) for whatever reason is (are) withdrawn by one of the parties within 4 weeks of its conclusion and in addition to this, a new labour contract between the same parties is not concluded within a year after the employees were proposed to the principal by ECR.

In the situation outlined in the preceding paragraph the assignee will forward a credit account to the principal or refund the obtained payment to the principal within 14 days after reception of a written statement in accordance with the above.

2. Forwarding copy of labour contract

In case the intermediary activities of ECR lead to the engagement into the principal’s service of one or more hospitality employees, proposed by ECR, the principal is obliged to forward a copy of the relevant labour contract to ECR, within 7 days of its conclusion.

3. Assignable interest

The benefit of an introduction made by ECR is not assignable by the principal and should the principal pass on an introduction of a by ECR suggested candidate to another party, the principal will pay the appropriate fee as set out above, if employment results. ECR’s service fee will be charged if principal engages a by ECR suggested candidate or passed on to an associated company or property within 1 year of the date of initial introduction.

4. Liability ecr

A) ECR’s engagement towards the principal is merely a tentative engagement, not an effectual engagement. Thus the only obligation of ECR towards the principal is to exert herself to the utmost in searching her database for a suitable candidate for the required position in order to propose this candidate to the principal, however, without assuming any responsibilities towards the principal of a possible eventual incompetence of this hospitality employee or these employees.

B) Consequently selection and employment of (a) employee(s), proposed by ECR, is solely the principal’s responsibility and for his own risk.

C) ECR can not be held liable towards the principal for the shortage of a suitable employees in her database either.

D) Should ECR ever be held liable (e.g. as the result of gross neglect) the liability hereby will be restricted to the amount of the account of the case in question.

5. Payment and date of payment

Payment of the amount due, in accordance with article 1, must be made within at the most 14 days after the labour contract was signed or the engagement into service (in case a labour contract was not signed on beforehand) of the hospitality employees that ECR has intermediated and must be credited to the bank account of ECR. In case of overdue payment the principal is indebted to an overdue interest of 1% per month, or part of the month, as from the aforementioned due date till the date of payment to ECR, as well as to all costs for the collection of the accounts.