T&C

General Terms and Conditions (GTC) for shuttle services

of MWM-Solutions GmbH

(last update: 11.09.2024)

§ 1 Scope of application

MWM-Solutions GmbH, hereinafter also referred to as the contractor, provides all services exclusively on the basis of these following General Terms and Conditions (GTC). These GTC apply to all current and future contracts and offers, even if they are not expressly agreed. The GTC shall be deemed binding and accepted at the latest when the services of MWM-Solutions GmbH are utilized.
Deviating, conflicting or supplementary general terms and conditions of our customers or other third parties are hereby rejected, unless there is an agreement in text form between the contracting parties regarding the deviation in question.
Individual agreements made with the client in individual cases shall in any case take precedence over these GTC. A written contract or our written confirmation is required for the content of such agreements.
Declarations made by the client to MWM-Solutions GmbH after the conclusion of the contract must always be made in writing to be effective.
Unless otherwise agreed between the contractor and the customer or other third parties, the statutory provisions shall apply. References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in the GTC.

§ 2 Offer and conclusion of contract

The offers of MWM-Solutions GmbH are, unless otherwise agreed in writing, subject to change and non-binding.
The acceptance of the contract offer is made either in text form or by providing the service to the customer.
The customer warrants to the contractor that all information necessary for the performance of the service is complete and correct.
The employees of MWM-Solutions GmbH, the subcontractors or other third parties are not authorized to make verbal collateral agreements or to give verbal assurances that go beyond the content of the written contract.
The customer is obliged to pay the agreed fare on the due date.

§ 3 Subject matter of the contract
MWM-Solutions GmbH transports persons, animals, goods and documents within the scope of passenger transportation in rental car services. MWM-Solutions GmbH arranges passenger transportation services to qualified and carefully selected third parties (cooperation partners) if it is unable to carry out the journey itself. There is no obligation to provide transportation.

§ 4 Exclusion from transportation / Prohibited use

Persons or goods that represent a danger to safety and order are excluded from transportation. Passengers who have already boarded the vehicle may also be excluded from further transportation if they pose a threat to the safety and order of the transport operation.
Dangerous substances and objects, in particular explosive, highly flammable, radioactive, malodorous or corrosive substances, are generally excluded from transportation. The same applies to unpackaged or unprotected goods if they could injure passengers.
The transportation of animals is only permitted by prior agreement. The driver may refuse to transport the animal if no suitable transport box is provided by the customer or if the safety of the driver or passengers is impaired. Animals are generally not to be accommodated on seats. If the transportation of the animal is not possible for the above-mentioned reasons, the Contractor shall be entitled to withhold or charge the full fare.
The driver may refuse to transport luggage if it restricts safe transportation or exceeds the capacity limit.
The provisions of the Highway Code apply to all passengers during the entire journey. The driver's instructions must always be followed. Passengers who do not comply with the driver's reasonable instructions despite being warned may be excluded from transportation, particularly if they represent a danger to the safety and order of the operation, a danger to the driver or to themselves. In this case, no additional notification is required to terminate the journey and the entitlement to remuneration remains in force without exception.
Smoking and the consumption of food are prohibited in the passenger compartment of the vehicles. In the event of excessive soiling or damage to the vehicle, the customer is obliged to bear the costs of cleaning and/or repairing the damage.
The transportation of children must always be specified when ordering the vehicle. The same applies to the number of children, age, height and weight, so that the statutory child seats can be ensured. If the customer fails to provide this information, the driver may refuse the journey and the contractor is entitled to withhold or charge the full fare.

§ 5 Customer's duty to cooperate

As far as it is necessary for the performance of the service, the customer or the beneficiary/third party shall cooperate and accept the service at the agreed place at the agreed time. If this is not done or is done late or contrary to the agreement, additional expenses shall be charged in accordance with the current price list.

§ 6 Withdrawal from the contract

MWM-Solutions GmbH is entitled to withdraw from the contract at any time if the performance of the service is impossible. Reasons for this can be, for example, force majeure or other events that could not be foreseen at the time of the conclusion of the contract (e.g. strike, lack of manpower, lack of energy or raw materials, operational disruptions of all kinds, transport delays). The contractor shall inform the customer of such circumstances as soon as he becomes aware of them. MWM-Solutions GmbH is also entitled to withdraw from the contract if the customer breaches his contractual obligation. All possible claims due to services not rendered by MWM-Solutions GmbH in accordance with the contract must be made in writing within three working days of completion of the order.

§ 7 Cancellation fees

Cancellations or terminations are only effective if they are made in writing. Verbal cancellations are only effective after confirmation by the contractor. In the event of termination by the customer, costs already incurred may be invoiced. This also applies if the customer does not start the journey in accordance with the contract, even if the customer is not at fault.
the flat-rate entitlement to cancellation fees for one-way transfers is regulated as follows: Cancellations up to 48 hours before the start of the order: free of charge
Less than 48 hours 50% of the order value
Less than 12 hours 100% of the order value
for events and functions (more than three vehicles/chauffeurs), the following cancellation rules and fees apply:
If canceled more than 14 days before the start of the event, 10% of the order value
7 days before the start of the event 50% of the order value
Less than 7 days before the start of the event 100% of the order value
Individual agreements are possible and must be recorded in writing.
for hourly bookings (more than 3 hours), the following cancellation rules and fees apply:
Cancellation of the order by the customer 72 hours (3 days) before the start of the order: free of charge
Cancellation of the order by the customer less than 72 to 24 hours before the start of the order: 50% of the order value
Cancellation of the order by the customer less than 24 hours before the start of the order: 100% of the order value
if the respective chauffeur is already on the way to the customer or if the customer does not appear at the agreed pick-up location at the agreed pick-up time (no-show), a cancellation fee of 100% will be charged.
Cancellation by MWM-Solutions GmbH
MWM-Solutions GmbH reserves the right to cancel for the following reasons:
Non-availability of the requested vehicle due to damage, repairs or maintenance work.
Non-payment or insufficient payment by the customer.
Unforeseen circumstances such as natural disasters or strikes.
The customer has provided incorrect information when booking.
The customer behaves inappropriately or disrespectfully towards the driver or the company

§ 8 Rebookings
Rebookings are always treated as new bookings. The cancellation conditions (§ 7) for the originally agreed service shall continue to apply. MWM-Solutions GmbH can assert the claim for remuneration for the originally agreed service, unless otherwise agreed.

§ 9 Right of withdrawal
You can revoke the contract concluded with us within two weeks in text form (by letter or e-mail) without giving reasons.
In order to exercise your right of revocation, you must send us your decision to revoke the contract by means of a clear declaration.
The timely dispatch of the revocation is sufficient to comply with the revocation period.
In the case of short-term bookings (less than 14 days before the start of the contract), the right of withdrawal does not apply.
If you withdraw from the contract within the time limit, we must refund all payments that we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from the contract.
Please send your revocation to the contact address that you will find in the imprint.

§ 10 Waiting time
Waiting times of up to 30 minutes are included in the invoice price for normal transfers. Waiting times in excess of this will be charged according to the current price list. If the customer does not appear at the agreed location after 30 minutes without having communicated this to the contractor, the driver may leave the location without further notice. If the waiting time is exceeded to such an extent that a subsequent order cannot be carried out on time, the Contractor may cancel the order and claim the agreed invoice amount in full. Flight delays must be reported to the contractor as soon as they become known. In the event that the customer does not notify MWM-Solutions GmbH of a known flight delay, the contractor reserves the right to charge the parking fees resulting from the additional waiting time.

§ 11 Prices and terms of payment

Unless otherwise agreed, the prices of MWM-Solutions GmbH apply according to the current price list (which can be requested by e-mail at any time) plus the statutory value added tax.
The invoice amount is due after the service has been rendered, but at the latest after the invoice has been issued - without deduction - on the terms of payment stated on the invoice.
The invoice can be paid by bank transfer or by credit card in the vehicle.
If payment is made by credit card, payment is due immediately.
Services not provided can also be invoiced in accordance with the cancellation conditions of MWM-Solutions GmbH (§ 7) and are due at the latest after invoicing on the terms of payment stated on the invoice.
For contracts with an invoice value of more than EUR 3,000.00 net, MWM-Solutions GmbH is entitled to demand a down payment of 50% of the invoice amount. The down payment is due after invoicing according to the terms of payment stated in the invoice.
The contractor is also entitled to issue partial invoices for services already rendered, even if the service has not yet been rendered in full.
Upon expiry of the payment period stated in the invoice, the customer shall be in default of payment. In the event of late payment, additional default interest of 5% p.a. above the respective base interest rate shall be charged. MWM-Solutions GmbH reserves the right to commission a debt collection agency after the second reminder. The costs for commissioning a debt collection agency will be charged to the customer. A reasonable fee may also be charged for each reminder.
For non-redeemable credit card debits, MWM-Solutions may charge the customer the fees incurred as well as a reasonable processing fee.

§ 12 Liability of MWM-Solutions GmbH

MWM-Solutions GmbH shall only be liable to the customer for damages to life, body and health in the event of intent or gross negligence within the framework of the statutory provisions. Any further liability is excluded.
In the event of simple negligence, MWM-Solutions GmbH shall only be liable if essential obligations (cardinal obligations) have been violated during the execution of the contract. Cardinal obligations are essential obligations of a contract that must be fulfilled in order to achieve the specified contractual objective. Otherwise, liability for slightly negligent breach of other contractual obligations and for loss of profit, additional personnel expenses incurred by the customer, loss of use and/or loss of sales is excluded.
The above restrictions shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
MWM-Solutions GmbH shall not be liable for the impossibility of the service. An impossibility of the service occurs for the following reasons, among others: force majeure, strikes and lockouts, riots, acts of war or terrorism, traffic accidents, road blockades, official measures, other unforeseeable events.
MWM-Solutions GmbH may commission third party service providers (cooperation partners) in its own name to fulfill and execute the service in whole or in part. In this case, the responsibility of MWM-Solutions GmbH is limited to the instruction of the selected third party company. MWM-Solutions GmbH assumes no liability for breaches of contract or the proper fulfillment of the contract by third parties. When orders are placed with cooperation partners and external companies, the customer and the executing company are always contractual partners. In this case, MWM-Solutions GmbH acts exclusively as a contact broker and is not liable.

§ 13 Performance of services by vehicles provided
If the customer provides the contractor with its own vehicles for the fulfillment of the service, the customer or the vehicle owner is obliged to take out fully comprehensive and liability insurance for these vehicles with a maximum deductible of 1,000.00 euros. Furthermore, commercial passenger transportation of the vehicles must be permitted (entry rental car or self-drive rental vehicle in the registration certificate part I). In this case, the customer must provide all vehicle documents required by the licensing authority, e.g. vehicle rental contract, confirmation of license, copies of vehicle registration certificates, order confirmation, confirmation of insurance cover in the motor vehicle liability insurance for the commercial transportation of passengers.

§ 14 Liability of the customer

The customer shall be personally and unlimitedly liable for all damage culpably caused by him to the vehicle and to the driver.
In the event of damage caused by prohibited use, the customer shall also be personally and unlimitedly liable.
The customer shall also be liable for transmission errors, misunderstandings and errors that arise in communication traffic and are not attributable to the fault of the contractor.

§ 15 Claims for damages
Claims by the customer must be reported in writing immediately after the end of transportation.

§ 16 Reservation of right to make changes
Should it not be possible to provide the ordered vehicle for internal company reasons, the Contractor reserves the right to provide another vehicle. If this is a vehicle in a lower price category, the invoice amount can be adjusted accordingly. There is no right to terminate the contract due to the use of another vehicle.

§ 17 Data storage
The customer agrees that MWM-Solutions GmbH may store personal data for company purposes. If a cooperation partner is used to provide the service, your personal data will be passed on to this partner in order to fulfill the order. If you do not wish this, please inform us in writing.

§ 18 Photographs
The customer authorizes the contractor to use photographs and video recordings taken at events to the full extent and to publish them for its own advertising purposes. Any objection by the customer must be made in writing.

§ Section 19 Place of jurisdiction
The place of jurisdiction for all disputes arising from the contract is Berlin, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 20 Text form
All additions, amendments and ancillary agreements must be made in writing to be legally effective.

§ 21 Choice of law
The contractual relationships between the contracting parties are subject to German law.

§ 22 Severability clause
Should individual provisions, including this provision, be or become invalid in whole or in part, or should the GTC contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The respective statutory provisions shall replace the invalid or missing provisions.

MWM-Solutions GmbH
Kurfürstenstr. 33
10785 Berlin
Germany

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