General Terms and Conditions

Part A – Provisions common to all users

§ 1 Provider, scope

1.1 These General Terms and Conditions (the GTC) govern the use of the online platform GastroSubs, available at https://gastrosubs.net and through the associated applications (together: the Platform).

1.2 The Platform is operated by

GastroSubs GmbH

[street, number]

[postcode, town], Austria

Companies register number: [FN …], companies register court: [Landesgericht …]

VAT identification number: [ATU…]

Trade: [Arbeitsvermittlung – employment agency], trade authority: [Bezirkshauptmannschaft / Magistrat …]

Member of the Wirtschaftskammer [federal province], trade group [trade group]

Email: [kontakt@gastrosubs.net] · Telephone: [+43 …]

(GastroSubs or we).

1.3 These GTC apply to all users of the Platform. Part A applies to everyone. Part B applies in addition to Businesses, Part C in addition to Helpers. Where Part A and a special part conflict, the special part prevails.

1.4 Deviating, conflicting or supplementary terms of a user do not become part of the contract unless we have expressly agreed to their application in text form.

1.5 We make these GTC available in a form that allows them to be stored and reproduced (§ 11 ECG – E-Commerce-Gesetz, E-Commerce Act). The version in force at any given time is available at https://gastrosubs.net/agb.

§ 2 Definitions

In these GTC:

§ 3 What GastroSubs is – and what GastroSubs is not

3.1 What we do. GastroSubs provides a technical platform on which Businesses can advertise short-notice Shifts and Helpers can find those Shifts, apply for them and get in touch with the Business. Our service consists exclusively in providing this Platform and its associated functions (search, application, messaging, management of Shifts and Business Locations).

3.2 We do not become a party to the contract. The Assignment Contract for a Shift is concluded exclusively between the Business and the Helper. GastroSubs becomes neither a party to that contract nor a representative of either side, and owes neither the Helper's work nor the Business's payment.

3.3 We are not an employer and not a labour-leasing undertaking. GastroSubs is not the employer of Helpers, does not supply temporary agency workers within the meaning of the Arbeitskräfteüberlassungsgesetz (Temporary Agency Work Act) and gives no instructions on how an assignment is to be carried out. The Helper decides freely whether, when and for which Business to apply; the Business decides freely whom to accept.

3.4 We do not review content in advance. Shift advertisements, profiles, messages and other content originate from users. We do not check them in advance for accuracy, completeness, currency or lawfulness, and we give no warranty in that regard. There is no general monitoring obligation (Art 8 Regulation (EU) 2022/2065).

3.5 We promise no outcome. GastroSubs does not warrant that an advertised Shift will be filled, that an Application will be answered or accepted, or that an assignment once agreed will actually be performed.

3.6 We do not pay wages. Payment is owed exclusively by the Business to the Helper. GastroSubs does not process wage payments, does not act as a paying agent and is not liable for outstanding remuneration.

3.7 We do not verify identity or suitability. Where we do check individual details (for example confirmation of an email address, or checking a place name against our place database), this is a technical plausibility check. It is not a warranty that the details are correct, that a Helper is suitable or reliable, or that a Business complies with its obligations.

§ 4 User account and conclusion of the Platform Agreement

4.1 Registration. Use of the Platform requires a user account, with the exception of the publicly accessible Shift search and shared links (§ 5.7). On registration you must select your role (Business or Helper) and provide the details marked as mandatory completely and correctly.

4.2 Minimum age. A user account as a Helper may only be created by a person who has reached the age of 15. For persons under 18, the restrictions of the Kinder- und Jugendlichen-Beschäftigungsgesetz (Employment of Children and Young Persons Act) apply; the Business must comply with them.

4.3 Conclusion of contract. By submitting the registration form you make an offer to conclude the Platform Agreement. The Platform Agreement is concluded as soon as we activate the account; for Helpers and Businesses, confirmation of the email address provided, via the confirmation link sent to it, is additionally required. The confirmation link is valid for 24 hours. We reserve the right to refuse a registration without giving reasons. We draw the attention of consumers to their right of withdrawal under § C5.

4.4 One account per person or undertaking. Each person and each undertaking may maintain only one user account. A Business may create several Business Locations within its account.

4.5 Access credentials. Access credentials must be kept secret and protected against access by third parties. If there is reason to suspect that a third party has obtained them, the password must be changed without delay and we must be notified. The account holder is responsible for actions carried out through their own user account, provided they are responsible for the misuse.

4.6 Accuracy of information. All information in profiles and advertisements must be true, complete and current. Changes must be updated in the account without delay.

4.7 Technical information under § 9 ECG. The technical steps leading to conclusion of the contract follow from the registration form. Input errors can be corrected before submission by amending the form fields. We store the contract text and it can be retrieved in the user account; the GTC in force at any given time are available at https://gastrosubs.net/agb. The contract language is German; the Platform is additionally available in other languages, whereby in the event of discrepancies the German version of these GTC prevails. We have not submitted to any particular code of conduct.

4.8 Notifications. We send messages that form part of the provision of the service – such as confirmations, notices of new Applications, Acceptances, Rejections and messages from the other side – to the email address held in the account or as a notification in the application. These notifications form part of the Platform Agreement and cannot be unsubscribed from for as long as the account exists; their scope can be adjusted in the account settings. We send promotional messages only with prior consent; that consent may be withdrawn at any time.

§ 5 How a Shift comes about

5.1 Advertisement as an invitation. A Shift published by a Business is a non-binding invitation to Helpers to apply. It is not yet a binding contractual offer by the Business.

5.2 Application as an offer. By applying for a Shift, a Helper makes a binding offer to take on that Shift on the terms advertised. The Helper may withdraw the Application up to Acceptance and at the latest until the Shift begins; thereafter withdrawal through the Platform is no longer possible (§ C3.2 and § C3.3).

5.3 Acceptance. With the Business's Acceptance, the Assignment Contract between Business and Helper comes into existence. The content and legal nature of that contract – in particular whether an employment relationship, a free service relationship or another legal relationship is created – are determined exclusively by the Business and the Helper. GastroSubs has no influence on this.

5.4 Open Applications. Once a Shift is filled, the remaining Applications stay open. The Platform does not reject anyone of its own accord. Under § B1.6 the Business is obliged to respond to open Applications promptly; a bulk rejection function is available to it on the Platform.

5.5 Arrangements outside the Platform. All details of the assignment – in particular start and end, the specific work, pay, place of work and arrangements for cancellation – are agreed directly between the Business and the Helper. Any disputes arising from them are to be resolved between them.

5.6 Visibility. A Business may advertise a Shift publicly or restrict it to the Helpers on its saved list. A non-public Shift cannot be found in the public search; it is accessible only to Helpers on the saved list and to personally invited Helpers.

5.7 Shared links. A link can be generated for any Shift, through which the Shift, together with the details of the Business Location, can be accessed without a user account. Anyone who generates and passes on such a link thereby deliberately makes that information available to an indeterminate group of people. Contact details marked as hidden remain hidden there as well. The link remains valid for as long as the Shift exists.

§ 6 Obligations of all users, impermissible content

6.1 The Platform may be used only within the framework of the applicable law and these GTC.

6.2 The following are impermissible in particular:

a) untrue, misleading or incomplete information, in particular as to identity, undertaking, qualifications, age or entitlement to work;

b) appearing under another person's name or pretending to be a Business;

c) content that infringes criminal law, the Gleichbehandlungsgesetz (Equal Treatment Act), copyright, personality rights or other law;

d) discriminatory, degrading, harassing, inflammatory, violence-glorifying, pornographic or erotic content;

e) advertisements that do not concern genuine employment, in particular promotion of multi-level marketing schemes, offers involving advance performance, purchase or payment obligations on the part of the Helper, and offers of sexual services;

f) advertising, chain letters, bulk messages and other messages unrelated to a Shift or an Application;

g) posting special categories of personal data within the meaning of Art 9 GDPR (for example concerning health, religion, philosophical beliefs, ethnic origin, political opinions, trade union membership or sex life) in free-text fields – neither about oneself nor about third parties;

h) automated extraction, copying or analysis of the Platform or its content (in particular by means of bots, scripts, crawlers or comparable methods), and the building of one's own databases from Platform content;

i) acts that impair the availability, integrity or security of the Platform, and circumvention of access, visibility or security measures.

6.3 Handling the other side's data. Personal data and contact details that become known through the Platform may be used exclusively for initiating and carrying out the assignment concerned. Passing them on to third parties, using them for advertising purposes or storing them beyond that purpose is impermissible.

6.4 Content of communications. Messages sent through the Platform must be kept factual. We do not read messages without cause; in the context of a report under § 8, or where there is reasonable suspicion of misuse, we may consult them for the purpose of review.

§ 7 User content, rights of use

7.1 Responsibility. Users are themselves responsible for the content they post (texts, images, logos, profile and business details, advertisements, messages). They warrant that they hold the necessary rights and do not infringe the rights of third parties.

7.2 Right of use granted to us. For the term of the Platform Agreement, users grant GastroSubs a non-exclusive, royalty-free right of use in the posted content, limited in territory and subject matter to the operation of the Platform, to the extent necessary for the provision of our services – in particular for storing, displaying, translating the user interface, reformatting and displaying on different devices.

7.3 After the contract ends. On termination of the Platform Agreement this right of use ends, unless the content is still required in order to comply with statutory retention obligations or to pursue legal claims. Message histories remain with the other side to the extent that it has a legitimate interest in retaining them.

7.4 Our rights. All rights in the Platform itself – in particular in the software, databases, design, trade marks and other signs – belong to GastroSubs or to the respective rights holders. Users receive a non-exclusive, non-transferable, revocable right to use the Platform as intended. Reverse engineering, reproduction, renting out or resale is impermissible; § 40e UrhG (Urheberrechtsgesetz, Copyright Act) remains unaffected.

7.5 Third-party content. The Platform uses place data from GeoNames (CC BY 4.0) and icons from Google's Material Symbols (Apache-2.0). The licence notices are available at https://gastrosubs.net/lizenzen.

§ 8 Reporting unlawful content, moderation

8.1 Reports. Anyone may report to us content they consider unlawful – via the reporting form at https://gastrosubs.net/melden or by email to meldung@gastrosubs.net. The report should contain a statement of reasons, the exact location (link) and the contact details of the reporting person.

8.1a Breaches of these GTC. The same channel may also be used to report breaches of these GTC that do not relate to published content – in particular failure to pay remuneration, failure to register a person for social insurance, or other breaches by a Business of § B2. We review such reports according to the same principles; they may lead to measures under § 9.3. Claims arising from the Assignment Contract remain to be resolved between the Business and the Helper.

8.2 Handling. We confirm receipt without delay, review the report carefully, objectively and without arbitrariness, and communicate our decision together with reasons and the available remedies. Where the review is carried out wholly or partly by automated means, we say so.

8.3 Measures. If we consider content to be unlawful or to breach these GTC, we may remove it, restrict its visibility, block access to it or restrict the user account concerned. The user concerned receives a statement of reasons setting out the factual basis, the legal basis or GTC provision relied on, whether the decision was automated, and the available remedies.

8.4 Objection. Such a decision may be objected to informally within six months at beschwerde@gastrosubs.net. We review the objection afresh and communicate the outcome with reasons.

8.5 Points of contact. The point of contact under Art 11 and 12 DSA for authorities and for users is: dsa@gastrosubs.net. The languages of communication are German and English. Communication is not conducted solely by automated means. The competent supervisory authority in Austria is KommAustria as Digital Services Coordinator (administered by RTR GmbH).

8.6 Criminal offences. Where there are indications of a criminal offence that threatens the life or safety of persons, we inform the competent authorities.

§ 9 Suspension, termination of the Platform Agreement

9.1 Termination by you. Users may terminate the Platform Agreement at any time without giving reasons, by deleting their user account or by notifying us. For a Business with paid access, deletion of the account does not end the subscription concluded in the app store; it must additionally be cancelled there (§ B4.5 and § B4.5a).

9.2 Ordinary termination by us. We may terminate the Platform Agreement on one month's notice to the end of a month. For paid access held by Businesses, § B4.6 applies.

9.3 Suspension and extraordinary termination. We may temporarily suspend a user account, restrict individual functions or terminate the Platform Agreement with immediate effect where there is good cause. Good cause exists in particular in the case of

a) a serious breach of § 6, or a repeated breach despite having been asked to desist;

b) reasonable suspicion of identity misuse, deception or fraudulent conduct;

c) information that constitutes a significant danger to other users;

d) a breach by a Business of mandatory employment or social insurance law;

e) a Business being in default of payment despite a reminder and a reasonable period of grace;

f) failure to meet the minimum age under § 4.2.

9.4 Proportionality and reasons. We choose the least intrusive suitable measure and give reasons for it in accordance with § 8.3. Before a permanent suspension we issue a warning, unless this is unreasonable given the severity of the breach or because of a statutory obligation.

9.4a Businesses. As regards Businesses, we communicate the reasons for a restriction or suspension in text form before, or at the latest at the time of, its taking effect; we give reasoned notice of a complete termination at least 30 days in advance, unless a case under § 9.3 lit a to e or a statutory obligation requires an immediate measure.

9.5 Consequences. On termination, the right to use the Platform ends. Assignment Contracts already concluded between Business and Helper remain unaffected and are to be performed outside the Platform. There is no entitlement to have a deleted account restored.

9.6 Data. The deletion of personal data is governed by the privacy policy and by statutory retention obligations. We recommend saving any content you need before terminating.

9.7 Inactive accounts. We may delete accounts in which no log-in has taken place over a period of 24 months, following prior notice in text form and the expiry of a period of one month. For paid access held by Businesses, this applies only after the paid access has ended.

§ 10 Availability, changes to the Platform

10.1 We endeavour to keep the Platform available as far as possible, but we do not owe any particular level of availability. Maintenance work, internet disruptions, force majeure and circumstances outside our control may lead to restrictions.

10.2 According to the state of the art it is not possible to produce entirely error-free software. There is no entitlement to the Platform operating without error at all times.

10.3 We may develop the Platform further and change, add to or discontinue individual functions, provided this is reasonable for users and the core of the agreed service is preserved. Where functions subject to a fee for Businesses are substantially restricted, the Business has a right of termination under § B4.10.

10.4 Data backup. We carry out regular backups, but we do not owe archiving. Users are themselves responsible for backing up content that matters to them.

§ 11 Liability

11.1 Unlimited liability. GastroSubs is liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, under the Produkthaftungsgesetz (Product Liability Act), and to the extent of any guarantee expressly given.

11.2 Slight negligence. Otherwise, liability for damage caused by slight negligence is excluded.

11.3 Businesses. As regards Businesses, compensation for lost profit, indirect damage, consequential damage and loss of data is additionally excluded. Without prejudice to § 11.1, liability towards a Business is limited per calendar year to the amount that Business has paid to GastroSubs in the preceding twelve months, but at least to EUR 500.

11.4 No liability for the other side. Without prejudice to § 11.1, GastroSubs is not liable for the conduct of Businesses or Helpers, for the conclusion, content or performance of Assignment Contracts, for the accuracy of information provided by other users, for outstanding remuneration, for damage occurring during an assignment, or for damage caused by one user to another.

11.5 Third-party offerings. We accept no responsibility for linked third-party content.

11.6 Indemnification. If a user culpably breaches these GTC or the rights of third parties and GastroSubs is for that reason subjected to claims by third parties, that user shall indemnify and hold us harmless and reimburse us for the reasonable costs of legal defence. We shall inform them of the claim without delay and give them an opportunity to comment.

§ 12 Data protection

12.1 GastroSubs processes personal data as controller within the meaning of Art 4(7) GDPR. The details – purposes, legal bases, recipients, retention periods and data subject rights – are set out in the privacy policy at https://gastrosubs.net/datenschutz. The privacy policy does not form part of the contract.

12.2 Separate controllership. Where a Helper transmits data to a Business with their Application, the Business becomes an independent controller for that data from the moment of receipt. There is no processing on our behalf.

12.3 The Business's obligations in handling applicant data are governed by § B3.

§ 13 Amendment of these GTC

13.1 We may amend these GTC where there is objective justification for doing so – in particular a change in the law or in the case law of the highest courts, a change or extension of the Platform's functions, a change to the fee model under § B4, or the closing of a gap in the rules.

13.2 We give notice of amendments at least two months before they take effect, in text form (email to the address held on file), and in doing so set out the affected provisions in their old and their new version side by side. In that notice we point out separately and clearly that the amendments are deemed accepted unless objected to before they take effect, and that in the event of an objection there is a right to terminate the Platform Agreement free of charge and with immediate effect up to the date they take effect.

13.3 The deemed acceptance under 13.2 does not apply to amendments that substantially shift the balance between performance and consideration, nor to the introduction of new payment obligations. Such amendments require express consent.

13.4 The following remains unaffected: use of the Platform is permanently free of charge for Helpers (§ C1). That provision cannot be amended by way of an amendment under this section.

§ 14 Final provisions

14.1 Choice of law. Austrian law applies, to the exclusion of its conflict-of-laws rules and of the UN Convention on Contracts for the International Sale of Goods. As regards consumers, this choice of law applies only to the extent that it does not displace mandatory protective provisions of the law of the state in which they have their habitual residence.

14.2 Place of jurisdiction. For disputes with Businesses, the court having subject-matter jurisdiction in Linz shall have exclusive jurisdiction. For actions against consumers, the statutory place of jurisdiction applies; § 14 KSchG remains unaffected.

14.3 Dispute resolution. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body. The Internet Ombudsstelle is available as the Austrian conciliation body.

14.4 Severability. Should a provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. As regards entrepreneurs, the invalid provision shall be replaced by one that comes closest to its economic purpose; as regards consumers, the statutory rules apply.

14.5 Assignment. We may transfer rights and obligations under the Platform Agreement to an affiliated undertaking or, in the context of a transfer of the business, to a legal successor. We give notice of this in text form at least one month before it takes effect and in doing so point out separately that the contract may be terminated with immediate effect up to that date and for one month thereafter.

14.6 Text form. Declarations under this contract may be made in text form (in particular by email to the address held in the account).

Part B – Additional provisions for Businesses

§ B1 Advertising Shifts

B1.1 Own Shifts only. A Business may advertise only Shifts that it intends to fill in its own name and for its own account. Advertising on behalf of third parties, commercial onward placement, and use of the access by recruitment agencies or agencies acting for external clients are impermissible without our prior consent in text form.

B1.2 Complete and accurate information. Every advertisement must describe the work actually to be performed accurately, completely and without being misleading. In particular, the date, start and end, place of work, position, pay and the number of Helpers required must be stated correctly. The advertising Business must be identifiable as such.

B1.3 Statement of the minimum pay. The Business is obliged to state in every advertisement the minimum pay applicable to the advertised position under the collective bargaining agreement (Kollektivvertrag), or otherwise laid down by statute or by norms of collective labour law, and to indicate a willingness to pay above that rate where such willingness exists (§ 9 para 2 GlBG). For hospitality this is generally the Kollektivvertrag für das Hotel- und Gastgewerbe in the version in force at the time. The pay entered on the Platform must not fall below the applicable minimum pay.

B1.3a Responsibility for the statement of pay; information provided by the Platform.

(1) The Business alone is responsible for the accuracy of the statement of pay and for stating the legal basis on which it rests – in particular for which collective bargaining agreement applies in which version, and which pay grade and classification follow from it for the advertised work. Before every publication the Business must itself check what rate follows from this for the specific work, the extent of the engagement and the place of work.

(2) Where the Platform displays, suggests or pre-fills an input field with pay rates, names of collective bargaining agreements, pay grades or comparable information, this is non-binding assistance. Such information is not legal advice, not a warranty of its accuracy, completeness or currency, and not a recommendation for the individual case. It may be incorrect, out of date or inapplicable to the specific assignment – for example because a different collective bargaining agreement applies, because the rates have changed in the meantime, or because the work is to be classified differently.

(3) The Business must check any suggested value before publication and correct it if it is not accurate. By publishing the advertisement, the Business declares that it has carried out that check. Adopting a suggestion made by the Platform does not release the Business from its responsibility under B1.3.

(4) GastroSubs does not owe advice on employment law, collective bargaining law or social insurance law. Claims and official proceedings arising from an incorrect statement of pay – in particular by Helpers, by social insurance institutions, or under the Lohn- und Sozialdumping-Bekämpfungsgesetz (Act on Combating Wage and Social Dumping) – concern the Business; the indemnification under B2.5 applies.

B1.4 Non-discriminatory advertising. Shifts must not be advertised by reference to gender, nor by reference to a particular age, ethnic origin, religion or belief, or sexual orientation, unless such a characteristic is an indispensable requirement for the work (§§ 9, 23 GlBG). Wordings such as "young team", "student wanted", "up to 25 years" or "German as a native language" are impermissible.

B1.5 Review and refusal. We are entitled to refuse, amend or remove advertisements that breach these GTC, statutory provisions, official prohibitions or the rights of third parties. § 8.3 applies.

B1.6 Rejections. The Business is obliged to respond to Applications within a reasonable time and to reject, via the Platform, those Applications it does not take up. The Platform does not issue rejections of its own accord.

B1.7 Cancellation or change after an Acceptance. If the Business cannot or does not wish to carry out an already accepted Shift as agreed, it must notify the Helper concerned without delay. The legal consequences are governed exclusively by the Assignment Contract; the statutory provisions on continued payment where the work is not performed for reasons on the Business's side (in particular § 1155 ABGB – Allgemeines bürgerliches Gesetzbuch, Civil Code) remain unaffected. Repeated short-notice cancellations constitute good cause within the meaning of § 9.3.

§ B2 The Business's responsibility under employment and social insurance law

B2.1 Assignments in Austria. The Business is solely responsible for correctly establishing and performing the legal relationship with the Helper. For assignments in Austria this includes in particular:

a) registration for social insurance before work begins (§ 33 ASVG – Allgemeines Sozialversicherungsgesetz, General Social Insurance Act), including in the case of marginal, daily or occasional employment and even for a single assignment;

b) payment of remuneration at least at the level of the applicable minimum pay under the collective bargaining agreement, and the withholding and remittance of wage tax and social insurance contributions;

c) compliance with the Arbeitszeitgesetz (Working Time Act), the Arbeitsruhegesetz (Rest Periods Act) and the record-keeping obligations (§ 26 AZG), and with the Lohn- und Sozialdumping-Bekämpfungsgesetz;

d) compliance with the rules on the employment of young persons (KJBG) and, in the case of third-country nationals, with the Ausländerbeschäftigungsgesetz (Employment of Foreign Nationals Act);

e) compliance with occupational health and safety rules and with the duty of care during the assignment;

f) checking whether the Helper is entitled to take up the work in Austria and meets the necessary requirements.

B2.2 Assignments outside Austria. These GTC and the provisions referred to in B1.3 and B2.1 are framed by reference to Austrian law. Where a Business advertises a Shift that is to be performed outside Austria, or where the assignment relationship is for another reason not governed by Austrian law, the following applies:

a) The Business is solely responsible for complying with the rules of employment, social insurance, tax, residence and trade law applicable at the place of work. The list in B2.1 applies accordingly, with the corresponding provisions of the law applicable at the place of work.

b) The Business shall ensure that the advertisement complies with the rules applicable there on stating pay or a pay range and on non-discriminatory advertising, and that the pay stated does not fall below the lower limit applicable there.

c) The Business warrants that it is entitled to employ persons at the place of work and holds the registrations, notification arrangements and contribution accounts required for that purpose.

d) Where the assignment requires a posting of workers or other cross-border activity, the Business alone bears responsibility for the associated notification, pay and documentation obligations.

e) The Business warrants that the advertisement and the assignment do not otherwise breach mandatory provisions of the law applicable at the place of work.

B2.3 No review, no advice by us. GastroSubs does not check which law applies to an assignment relationship and owes neither information nor advice in that regard. Specifications, pre-filled values, text modules and example entries on the Platform are framed by reference to Austria; they are not a warranty that an advertisement or an assignment complies with the rules of another state. The Business must check all information on its own responsibility for accuracy under the law applicable at the place of work.

B2.4 GastroSubs owes the Helper no remuneration, is not the employer and does not supply temporary agency workers. The Business gives all instructions and bears the responsibility of the employer or principal alone.

B2.5 Indemnification. The Business shall indemnify and hold GastroSubs harmless against all claims brought against us by third parties – in particular Helpers, social insurance institutions, tax, labour or other administrative authorities in Austria or abroad – on account of a breach of the obligations under B1 or B2, together with the reasonable costs of legal defence.

§ B3 Handling applicant data

B3.1 Personal data that the Business receives from Helpers through the Platform may be used by it exclusively to assess and carry out the specific Application and the assignment arising from it.

B3.2 Impermissible in particular are the passing on of such data to third parties, its use for advertising, the building of the Business's own applicant database from Platform content, and any automated analysis.

B3.3 From receipt of the data, the Business is an independent controller within the meaning of the GDPR. It must give effect to data subject rights, delete the data once the purpose no longer applies, having regard to statutory retention periods, and take appropriate technical and organisational measures.

B3.4 The Business must not invite Helpers to disclose special categories of personal data (Art 9 GDPR) and must not ask impermissible questions.

B3.5 Retention beyond the Application. Beyond the specific Application, the Business may retain the data transmitted only if the Helper has given consent under C2.6, and only for the purpose stated there – being considered for the Business's own future Shifts. Passing the data on to third parties, using it for other purposes, and retaining it beyond a withdrawal of consent or beyond the expiry of the consent are impermissible. If we notify the Business of a withdrawal, it must delete the data concerned without undue delay, unless a statutory retention obligation prevents this, and confirm the deletion to us on request.

§ B4 Fees, purchase through the app store, term and termination

B4.1 Chargeable use and final prices. Use of the Platform by Businesses is subject to a fee. The nature and scope of the services that can be booked and the fees payable for them follow from the price list displayed at the time of the order, which is also available at https://gastrosubs.net/preise. All prices stated are final prices in euro. We neither charge nor separately show any VAT; the reasons for this follow from B4.4.

B4.2 Purchase through the app store, free trial period. Paid access is purchased through the app store from which the Business installed the application ([Apple App Store or Google Play Store]). On registration, the Business is granted a free trial period; its duration and the price applying after it expires are displayed before the order is placed. No fee is payable during the trial period. If the access is not terminated by the end of the trial period, it converts into paid access without further action. The trial period is granted only once per Business. The details of the ordering process, the trial period and subscription management are governed by the terms of the relevant app store operator.

B4.3 Billing period. Paid access runs in the billing period chosen at the time of the order, of either one month or twelve months, and is automatically extended by the same duration for as long as it is not terminated. The first billing period begins on the day after the end of the trial period. The fee is payable in advance.

B4.4 Payment and invoicing through the app store. Payment, billing and invoicing are handled exclusively by the operator of the relevant app store. The Business therefore receives the payment receipt or the invoice from that operator and not from us. The app store operator treats any VAT in accordance with the provisions applicable to it; we do not charge any VAT and do not show any (B4.1). Payment methods, late payment, chargebacks and refunds are governed by the app store operator's terms; we have no influence over these. The Business can retrieve the receipt at any time from its account with the app store operator; where that operator additionally provides an invoice showing VAT, it is available for download there as well. If the app store operator suspends or ends the access because payment is not made, the paid access to the Platform ends with it.

B4.5 Termination by the Business. The Business may terminate paid access at any time without giving reasons. Termination is effected in the subscription management of the relevant app store, not with us; we can neither end a subscription concluded there nor refund any amounts. Termination takes effect in accordance with the app store operator's terms, as a rule at the end of the current billing period; until then, access may continue to be used without restriction. Any refund of fees already paid is governed exclusively by the app store operator's terms.

B4.5a Deleting the account does not end the subscription. Deleting the user account does not end the subscription concluded in the app store. Anyone wishing to stop using the service must additionally terminate the subscription there; otherwise it continues on a paid basis.

B4.6 Termination by us. We may end paid access on one month's notice to the end of a billing period. The right to suspend and to terminate extraordinarily for good cause (§ 9.3) remains unaffected. If we end the access without the Business being responsible for good cause, we support it in a request for a refund to the app store operator; the decision on this rests with the operator.

B4.7 Price changes. We may change the fees with effect for future billing periods. The announcement of a price change and any consent to it are governed by the terms of the relevant app store; in addition, we give notice of a change in text form at least two months before it takes effect. The Business may terminate the access up to the date the change takes effect, in the subscription management of the app store.

B4.8 Consequences of termination. Access ends when the termination takes effect. Shifts that have not yet passed are removed from the search. Assignment Contracts already concluded remain unaffected and are to be performed outside the Platform. We recommend saving any data required beforehand.

B4.9 No fees from Helpers. The Business must not demand any fee or contribution to costs from Helpers in connection with placement through the Platform.

B4.10 Termination on a substantial change to the service. Where we substantially restrict functions subject to a fee (§ 10.3), the Business may terminate the paid access extraordinarily up to the date the change takes effect. On request, we support it in a request for a refund to the app store operator.

§ B5 Use of the access

B5.1 The access is not transferable and must not be made available to third parties, resold or rented out.

B5.2 The Business shall ensure that only authorised persons within its undertaking use the access, and is responsible for their actions.

§ B6 Ranking and visibility

B6.1 Search results are ranked exclusively according to objective criteria. The determining factors are – in this order of weight – the match with the search criteria entered (position, period, days of the week), the distance from the chosen location and, where results are equivalent, the date of the Shift or the surname.

B6.2 Ranking is not influenced by payments. There are no paid placements. Should we offer paid highlighting in future, it will be identified as such and its effect on ranking described here.

B6.3 The number of results displayed is limited for reasons of clarity; the total number of results found is displayed.

Part C – Additional provisions for Helpers

§ C1 Free of charge

C1.1 Use of the Platform is permanently and entirely free of charge for Helpers. No fee, commission, charge or contribution to costs is demanded from Helpers for registration, the profile, the search, Applications, messages or any other function – neither by GastroSubs nor by a Business.

§ C2 Profile and your own information

C2.1 The information in the profile must be true. This applies in particular to name, date of birth, place of residence, experience, skills and availability.

C2.2 The Helper warrants that they are entitled to take up employment in Austria.

C2.3 The Helper decides for themselves which contact details to transmit with an Application. Contact details marked as hidden are not shown to the Business. Name, place of residence and age are excepted from this (C2.4), and address and date of birth from an Acceptance onwards (C2.5).

C2.4 Visibility of the profile. Businesses with valid access can search for Helpers. In the Helper search, the photo, full name, place of residence and age as well as experience, skills and availability are visible. Street address, date of birth, gender and contact details are never displayed there. The Helper releases those details only with an Application; in the case of the contact details (email address, telephone number), only to the extent they have not hidden them.

C2.4a Not appearing in the Helper search. The Helper can remove their profile from the Helper search in the account settings. Businesses are then unable to find them there and cannot view the details listed in C2.4 either. In that case those details only become visible once the Helper applies for a Shift on their own initiative – C2.5 then applies. Searching for Shifts and applying are unaffected by this setting.

C2.4b With an Application, the full name, the place of residence and the age are in any event disclosed to the Business; these details cannot be hidden.

C2.5 Transmission on Application and on Acceptance. On submission of an Application, the full name, the place of residence, the age, the remaining information held in the profile and the contact details that have not been hidden are transmitted to the advertising Business. The address (street, postcode, place and country) and the date of birth are transmitted only upon the Acceptance – the Business needs them in order to register the Helper for social insurance before work begins, but not for the selection decision. These two details likewise cannot be hidden. The Business becomes an independent controller for the data transmitted (§ 12.2).

C2.6 Consent to further retention by the Business. When making an Application, the Helper may give separate consent for the Business to retain the data transmitted beyond the specific Application, in order to consider the Helper for future Shifts and to make contact for that purpose. The consent is voluntary: the Application is also possible without it, and no disadvantage arises. It is not pre-selected and must be given separately from the Application itself. It applies for [24 months] from being given, unless it is withdrawn earlier.

C2.7 Withdrawal of consent. The consent under C2.6 may be withdrawn at any time and without giving reasons, with effect for the future – using the relevant setting in the user account or by an informal declaration to [dse@gastrosubs.net]. We pass on any withdrawal that reaches us to the Businesses concerned without undue delay. The lawfulness of the retention carried out up to the withdrawal remains unaffected.

§ C3 Application, Acceptance, Rejection

C3.1 An Application is a binding offer to the Business (§ 5.2). Anyone who applies should be able and willing to take on the Shift.

C3.2 An Application may be withdrawn through the Platform for as long as it has not been accepted and the Shift has not yet begun. Withdrawal deletes the Application; a fresh Application is possible.

C3.3 An Application that has already been accepted can no longer be withdrawn through the Platform. If the Helper is unable to attend a Shift they have been accepted for, they must notify the Business without delay. The legal consequences are governed exclusively by the Assignment Contract between Business and Helper; GastroSubs is not involved in it and charges neither fees nor contractual penalties in that regard.

C3.4 The Helper is not obliged to submit Applications, to accept invitations or to keep to any particular availability. Declining an offer gives rise to no disadvantages for them vis-à-vis GastroSubs.

§ C4 Invitations, the Business's saved list, blocking

C4.1 Invitations. A Business may offer a Helper one or more Shifts. Such an invitation is a request to apply; § 5.1 applies accordingly. It creates no obligation to take on the Shift or to reply. A personal invitation gives the invited Helper access to the Shift in question, even where it has not been advertised publicly.

C4.2 Saved list. A Business may save Helpers it has already worked with to a list of its own and offer them Shifts that have not been advertised publicly. Inclusion on that list requires either an Acceptance given, prior correspondence, or the Helper's express consent. Inclusion creates no obligation to take on Shifts.

C4.3 Blocking. A Helper may block a Business. The blocked Business then no longer sees them in the Helper search and cannot make new contact with them. Existing Applications and message histories remain unaffected. The Business is not informed of the block.

§ C5 Right of withdrawal

C5.1 Consumers have the right to withdraw from the Platform Agreement within 14 days of its conclusion, without giving reasons.

C5.2 A clear statement to ruecktritt@gastrosubs.net or to the address given in § 1.2 is sufficient to exercise the right. The model withdrawal form attached may, but need not, be used. Sending the statement in good time is sufficient to meet the deadline.

C5.3 As use is free of charge for Helpers, no payments fall to be refunded in the event of withdrawal. We delete the user account and the associated data in accordance with the privacy policy.

C5.4 Withdrawal from the Platform Agreement with GastroSubs does not affect Assignment Contracts already concluded with Businesses.

Annex 1 – Model withdrawal form

If you wish to withdraw from the contract, please complete this form and return it.

To: [company name], [address], [email]

I/We () hereby withdraw from the contract concluded by me/us () for the use of the GastroSubs platform.

Ordered on () / received on (): ______________

Name of the consumer: ______________

Address: ______________

Signature (only if this form is notified on paper): ______________

Date: ______________

(*) Delete as appropriate.