• info@grabhelfer.de
  • Ridlerstrasse 57, 80339 Munich
Request grave care

Our general terms and conditions for cemetery gardening work by Grabhelfer.de

A. Planting

  1. If planting is specifically ordered in individual cases, this must be carried out by the contractually agreed standard time, insofar as the weather permits. If a service is not possible by this time due to weather conditions, it must be carried out within 4 weeks of this time at the latest, provided that the weather permits this.
  2. If planting is to be carried out regularly as part of an annual maintenance contract, this must be carried out within the time frame specified in the contract. Seasonal areas may be left empty for technical and operational reasons.
  3. If no specific plants have been agreed, we will select suitable, seasonal plants of average type and quality for the grave site.
  4. The growth of the planting depends on proper and professional subsequent care, in particular watering. If this is not carried out by us as part of a care contract, we point out to the customer that he must ensure proper and professional care himself. We cannot be held liable for damage, in particular also for inadequate growth, resulting from a lack of care by the customer.
  5. Grave vases, bowls, other planters and similar items located on the grave will be left on the grave by us. Liability on our part for any damage to such objects is excluded, subject to the following provision in section “J”.
  6. If there are planters on the grave that we have not been expressly commissioned to plant and care for, we are not responsible for caring for or watering them. We shall not be liable for such plantings – subject to a specific order.
  7. If we are not expressly commissioned in this respect, the removal of planters, vases, wreaths, flower arrangements and the like is not part of the scope of services. In the absence of an express agreement, we will leave these on the grave site. However, we are authorized to remove wreaths, flower arrangements and other plants when they have withered.

B. Grave care

We provide the following services as part of a grave maintenance contract: Cleaning the grave site, keeping it free of weeds, pruning the plants, watering and fertilizing as well as planting as agreed. The following services are only covered by grave care contracts if they are agreed separately or specified in the order:

  1. a) Seasonal plantings
    b) Other plantings (e.g. for holidays/memorial days)
    c) Arrangements, wreaths and other grave decorations

As part of the grave maintenance contract, we provide our aforementioned services regularly, as far as is customary in the area and necessary from a professional point of view, on a monthly basis, from March to November. However, even within the framework of the maintenance contract, it cannot be ruled out that damage to the plants may occur due to special weather conditions or the effects of wildlife; such damage does not constitute a defect in our service if it could not be avoided with regular maintenance within the framework of the contractual agreement.

In the case of pure watering orders without planting services, the client is responsible for ensuring that the planting is appropriate and customary for the location of the gravesite from a professional point of view.

C. Services to be agreed separately

The following services are not covered by planting or grave care contracts, but must be agreed separately:

  1. a) Gravestones and grave borders
    b) Gravestone cleaning
    c) Removal of damage caused by third parties (e.g. vandalism)
    d) Special services after burials
    e) Repair of sinkhole damage

D. Acceptance

Services within the scope of the initial or new installation as well as other services are provided within the scope of a contract for work and services. In accordance with § 640 BGB, the customer is obliged to accept our services. We can therefore inform the customer of this after providing the respective services and set him a deadline for acceptance; if the customer does not accept within this deadline, our services shall nevertheless be deemed to have been accepted. We shall inform the customer of this when setting the respective deadline.

E. Warranty

  1. All warranty claims of the customer shall expire within one year.
  2. If the customer asserts a justified claim for defects in due time, we shall initially only be obliged to provide subsequent performance (rectification of the defect or new work performance). The customer shall only be entitled to further rights if we refuse subsequent performance or if this fails.
  3. Claims for damages by the customer due to defects for which we are responsible are excluded, subject to the following provision in section “J”.
  4. The limitations of our warranty shall not apply if we have fraudulently concealed defects or if we have assumed a guarantee for the quality of our service.

F. Guarantee

All descriptions and definitions of the scope of services provided by us are purely descriptive. In no case do they constitute the assumption of guarantees for the quality of our services. A guarantee in the legal sense only exists if it is expressly given and designated as such.

G. Term of the contract / extension

  1. The term of the contract is agreed individually and recorded in writing.
  2. Depending on the individual agreement, the contract runs for a maximum of two years, unless it is only concluded for individual services.
  3. The contract is then extended by one year in each case if it is not terminated at least 3 months before the end of the contract year or the respective extension year.

H. Change of contractual partner

If contracts are not for one-off services but run for a longer period, we are entitled to transfer our position to another cemetery gardener, namely

a) to the successor to the business if our business is transferred to another party,

b) to another local cemetery gardener if we cease our operations. In this case, we shall notify the customer in advance. In this case, the customer shall be entitled to an extraordinary right of termination at that time, notwithstanding his ordinary right of termination.

I. Calculation / Payment / Price adjustment

  1. In the case of contracts for one-off performance, our remuneration shall be due upon invoicing. After completion of individual services, we shall be entitled to invoice these by means of partial invoices. In the case of longer-term contracts, we are entitled to adjust the agreed prices to the changed costs at our reasonable discretion. Unless otherwise agreed, invoicing shall take place annually in advance. We are entitled to refuse to provide the service if payment of our claims is outstanding. Prices shall only be adjusted at the beginning of a new year. In this case, the customer shall have an extraordinary right of termination at that time, without prejudice to his ordinary right of termination.
  2. Irrespective of price adjustments in accordance with Section I. 1., we are entitled to pass on the corresponding increase or decrease to the customer after the end of the first year in the event of increases or decreases in the statutory value added tax.

J. Compensation

  1. We are liable in accordance with the statutory provisions,

a) for damages resulting from injury to life, body or health which are based on a negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents,

b) for other damages resulting from a grossly negligent breach of duty by us or from a willful or grossly negligent breach of duty by one of our legal representatives or vicarious agents.

2. all further claims for damages by the customer are excluded.

K. Exclusions of liability

  1. We are generally not liable for changes to a gravesite, in particular the sinking of the earth or the toppling of gravestones, unless this was caused by us or our vicarious agents intentionally or through gross negligence.
  2. The customer alone is responsible for the stability of the gravestones. We do not assume the customer’s duty to ensure road safety.
  3. We shall not be responsible for any damage to the planting carried out by us as a result of events within the meaning of Section K. 1.

L. Inclusion of new GTC

  1. If we change our General Terms and Conditions in the future, we can send these to the customer and ask him to agree to the inclusion of these new General Terms and Conditions in the existing contract.
  2. Consent shall be deemed to have been given and the new GTC shall become part of the contract for the future if the customer does not object to their inclusion within 4 weeks of receipt of the request and sending of the new GTC. We will inform the customer of this when sending the new GTC. If the customer objects, the contract shall remain in force under the previous conditions.

M. Legal relationship of the gravesite

With his signature, the client confirms his authorization for the gravesite in question. He accepts any liability that affects the legal relationship of the gravesite.

N. Place of performance, place of jurisdiction, partial invalidity

  1. The place of performance for all mutual services and disputes arising from this contract is Munich.
  2. Should a provision in this contract be or become invalid, the remainder of the contract shall continue to apply.
  3. In place of the invalid clauses, the parties undertake to agree a provision that comes as close as possible to the economic intent of the invalid clause.

Cancellation policy

Right of withdrawal

Both contracting parties have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us, Grabhelfer.de, attn. Loyamo GmbH, Herzogspitalstraße 10a, 80331 München, phone: 089/693125609, e-mail: info@grabhelfer.de, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). In order to maintain the right of withdrawal, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form

If you wish to cancel the contract, please fill out this form and send it back to us.

To Grabhelfer.de, attn. Loyamo GmbH, Ridlerstraße 57, 80339 Munich, phone: 089/693125609, e-mail: info@grabhelfer.de

I/we hereby revoke the contract concluded by me/us on _____________

Name and address of the customer Date and signature of the customer

Last status: 08.08.2023