Introduction

General terms and conditions, often abbreviated as GTC, are pre-formulated contractual terms and conditions that one party (usually a company) provides to the other party (usually a customer) when entering into a contract. T&Cs are common in many industries, including online retail, banking services, telecommunications, travel bookings and more.

Purpose and content

The main purpose of GTCs is to simplify and accelerate the conclusion of contracts by standardizing recurring contractual terms. This makes it easier for companies to do business with a large number of customers without having to negotiate an individual contract for each case.

Typical components of the GTC are:

• Subject matter of the contract: A description of the service or product that is the subject of the contract.
• Prices and payment terms: Information about how much a product or service costs and how payment should be made.
• Terms of delivery and performance: How and when the service is performed or the product is delivered.
• Exclusions of liability and warranty: Regulations on the company’s responsibility in the event of defects or damage.
• Termination conditions: Information on the circumstances under which the contract may be terminated.
• Data protection: How the company handles the customer’s personal data.

Legal framework

In many countries, including Germany, GTCs are regulated by law to prevent misuse of GTCs and to protect consumers’ rights. In Germany, the German Civil Code (BGB) regulates the use of general terms and conditions. There are certain requirements and restrictions, such as the transparency obligation, which states that GTCs must be formulated in a clear and understandable manner. Clauses that unreasonably disadvantage the customer may be deemed invalid.

Criticism

Although GTCs can simplify the contract process, they are often criticized because in practice they are rarely fully read or understood by customers. This can lead to customers agreeing to terms that they might not accept if they were aware of the details.

Conclusion

GTCs are an important part of modern business transactions. They can greatly simplify the process of concluding a contract, but it is important that they are clearly worded and respect consumers’ rights. Customers should take the time to read the T&Cs carefully before agreeing to a contract to avoid any surprises.