General terms and conditions of AMS Advanced Mobility Solutions GmbH

1. Scope:

The following terms and business conditions apply to all services of the company AMS Advanced Mobility Solutions GmbH, especially for passenger services such as casual transportation, rented bus transportation, rented car transportation and excursions with passenger cars. Terms and business conditions of customers do not apply, even if the company AMS Advanced Mobility Solutions GmbH does not contradict explicitly in each case.
Thus the business conditions of the company AMS Advanced Mobility Solutions GmbH also apply for all future business relations, even if not agreed upon explicitly. At the moment the services of the company AMS Advanced Mobility Solutions GmbH are accepted by the customer, our business conditions apply. Contradictions of our customers with regard to their business conditions or purchase conditions are already opposed to herewith.
Deviations from these terms and conditions are only effective if they are agreed upon by AMS Advanced Mobility Solutions GmbH in writing.

2. Placing of orders:

When placing an order, the customer is obliged to inform us about all factors necessary for the fulfillment of the order, such as dates, number of passengers, kind and size of the luggage or other items to be transported.
The quotations of the company AMS Advanced Mobility Solutions GmbH are subject to alteration without notification and are not binding. Confirmations of orders and agreements as well as collateral or side agreements require the written form in order to become effective. This also applies to contract supplements or changes.
The employees of the company AMS Advanced Mobility Solutions GmbH are not authorized to make oral side agreements or commitments as supplement to the written contracts.

3. Prices:

Prices are subject to the tariffs valid at the time of fulfillment of the services, if not agreed upon otherwise in writing.
In case of further agreements the prices quoted by the company AMS Advanced Mobility Solutions GmbH will be binding 30 days after the date of the written quotation. The prices confirmed and mentioned in the order confirmation prevail. Value Added Tax is not included in the prices; the legally required amount will be included in the invoice. Additional services will be invoiced separately.

The invoice will be made immediately after the fulfillment of the services. Payments, without any deductions, are due immediately after receipt of the invoice. Deviating billing procedures must be agreed upon in written form when placing an order.

4. Subject-matter of the contract and exemption from transportation:

Persons who could be a security risk are exempted from the transportation; especially

• Persons who have taken alcoholic beverages or any other narcotic drugs,
• Persons with weapons, unless they are authorized to carry a weapon.

Passengers who use our facilities and vehicles must act according to the safety and order of the traffic, their own safety as well as respect to other persons. Instructions from our personnel or chauffeurs must be obeyed.
In case of violation of his duties after admonition, the passenger can be excluded from transportation.
Damages to the vehicles or other damages by the passengers have to be reimbursed by the person who caused the damage or by our contract partner. In case of pollution extra cleaning charges will be invoiced.
In case the perpetrator and our contract partner are not identical, both are liable as joint debtor. The liability is also applicable if our contract partner is not guilty of the damage.

5. Order withdrawal by the customer:

In case the customer withdraws from the order or if he does not use the service of the company AMS Advanced Mobility Solutions GmbH without notice, AMS Advanced Mobility Solutions GmbH is entitled to invoice a reasonable price for their expenses and inconveniences caused by the withdrawal. A reimbursement for the financial loss can also be demanded.
The reimbursement obligation also applies if the customer is not responsible for the loss.
The company AMS Advanced Mobility Solutions GmbH is entitled to pose global claims for compensation of damages. In case the contract is cancelled less than 48 hours before the agreed beginning of the service, the customer has to pay 50% of the agreed price. If the contract is cancelled less than 24 hours before the agreed time, the customer has to pay 75% of the agreed price.
If the customer does not take the service without prior cancellation, he has to pay the agreed price in full. A possible cancellation has to be made in writing.

6. Liability:

The liability of AMS Advanced Mobility Solutions GmbH is limited to the threefold agreed price. Further claims for compensation of damages against AMS Advanced Mobility Solutions GmbH or their auxiliary persons are excluded, unless the damage has occurred due to deliberate or grossly negligent behavior.
In case AMS Advanced Mobility Solutions GmbH will not be able to keep an agreed date caused by technical troubles, act of God or distressed weather conditions or legal conditions (such as smog), the customer cannot waive a claim for execution of the contract. Already made payments will be returned to the customer. In case of technical break-downs AMS Advanced Mobility Solutions GmbH is entitled to offer a substitute vehicle. AMS Advanced Mobility Solutions GmbH cannot be held liable for further claims of the customer.
AMS Advanced Mobility Solutions GmbH cannot be held liable for exceeding the transportation time due to circumstances and their consequences, which were unavoidable despite great care.

7. Notice of claims and limitation:

AMS Advanced Mobility Solutions GmbH must be informed about obvious damages and claims in written form immediately after the end of the transportation. Other concealed damages must be claimed in writing within 7 days after the end of the transportation.
Furthermore, all other claims against AMS Advanced Mobility Solutions GmbH fall under the statute of limitation 1 year after the end of the transportation. Damages due to deliberate and grossly negligent behavior have a limitation period of 3 years.

8. Place of performance, venue, others:

Place of performance is Hamburg.
Place of venue for all disputes with merchants, legal persons or persons who do not have their general place of venue in Germany is Hamburg; also in case of uncovered check claims or letter of credits. The company AMS Advanced Mobility Solutions GmbH is entitled, at our choice, to bring judicial actions against the customer at his place of business.
Additional agreements and deviations from these terms and conditions must be agreed upon in writing. Should any term of these general terms and business conditions become ineffective due to further agreements, the validity of all other conditions or agreements will not be effected.
These terms and conditions and the complete business relationship between the company AMS Advanced Mobility Solutions GmbH and the customer are subject to the laws of the Federal Republic of Germany.