Terms and conditions
AMS Advanced Mobility Solutions GmbH General Terms and Conditions
1. Validity
The following terms and conditions apply to all services provided by AMS Advanced Mobility Solutions GmbH, in particular for occasional passenger transport, bus rental services, car rental services and sightseeing trips with passenger cars. Customers' terms and conditions are not binding on us even if AMS Advanced Mobility Solutions GmbH does not expressly object to them in individual cases.
The terms and conditions of AMS Advanced Mobility Solutions GmbH therefore also apply to all future business relationships, even if they are not expressly agreed again. Our conditions are considered accepted at the latest upon receipt of the service provided by AMS Advanced Mobility Solutions GmbH. Counter-confirmations from our customers with reference to their terms and conditions of purchase are hereby already rejected.
Deviations from these terms and conditions are only effective if confirmed in writing by AMS Advanced Mobility Solutions GmbH.
2. Placing an order
When placing an order, the client is obliged to inform us of all significant factors relating to the execution of the contract, such as dates, number of persons to be transported, the type and extent of luggage and other items carried.
The offers from AMS Advanced Mobility Solutions GmbH are subject to change and non-binding. Declarations of acceptance and agreements require our written confirmation in order to be legally effective. This also applies to additions, amendments or ancillary agreements.
The employees of AMS Advanced Mobility Solutions GmbH are not authorized to make additional oral agreements or give oral assurances that go beyond the content of the written contract.
3. Prices
The prices of the tariffs valid at the time the service is provided apply, unless otherwise agreed in writing.
In the event of an agreement to the contrary, AMS Advanced Mobility Solutions GmbH is bound to the prices contained in its offers 30 days from the date of the offer. The prices stated in your order confirmation plus the respective statutory value added tax are then decisive. Additional services will be charged separately.
Invoicing takes place immediately after the service has been provided. The customer must pay the invoice amount without any deductions immediately upon receipt of the invoice. Billing arrangements deviating from this must be agreed in writing when the order is placed.
4. Subject matter of contract and exclusion of carriage
Persons who pose a risk to safety and order are excluded from transportation, in particular
- persons who are under the influence of mental drinks or other intoxicating substances,
- People with firearms, unless they are authorized to carry firearms.
When using our facilities and vehicles, passengers must behave in accordance with the safety and order of operation, their own safety and consideration for other persons. Instructions from our staff or chauffeur must be followed.
If, despite a warning, a passenger breaches his duties, he may be excluded from transportation.
Damages to vehicles or other damage caused by passengers must be compensated by the person responsible or our contractual partner. Cleaning fees are charged separately in the event of contamination.
If the polluter and our contractual partner are not the same, both are jointly and severally liable. Liability exists even if the client is not at fault.
5. Withdrawal by the client
If the client withdraws from the contract or does not make use of the services provided by AMS Advanced Mobility Solutions GmbH without withdrawal, AMS Advanced Mobility Solutions GmbH may claim reasonable compensation for the measures and expenses made and compensation for any damage that has arisen.
The obligation to pay compensation applies even if the client is not at fault.
AMS Advanced Mobility Solutions GmbH is entitled to lump sum the claim for compensation. If the cancellation is made 48 hours before the agreed start of service, the customer must pay 50% of the agreed price; if the contract starts less than 24 hours before the agreed start of service, the customer must pay 75% of the agreed price.
If the service is not used without cancellation, the customer must pay the agreed price without deduction. Any cancellation must be made in writing.
6. Liability
The liability of AMS Advanced Mobility Solutions GmbH is limited to a maximum of 3 times the agreed service price. Further claims for damages against AMS Advanced Mobility Solutions GmbH as well as against its vicarious or vicarious agents are excluded, unless the damage was caused intentionally or through gross negligence.
Should AMS Advanced Mobility Solutions GmbH be unable to meet an agreed deadline due to technical breakdowns, force majeure, weather-related emergencies or legal requirements (e.g. smog), the customer has no right to fulfill the contract. The customer receives back the payment that has already been made. In the event of a technical failure, AMS Advanced Mobility Solutions GmbH is entitled to provide a replacement vehicle. Further claims by the customer are excluded.
AMS Advanced Mobility Solutions GmbH is exempted from liability insofar as an excess of the transport time is due to circumstances which, even with the greatest care, we were unable to avoid and whose consequences we were unable to avert.
7. Notification of claims and statute of limitations
Identifiable damage and claims must be reported in writing immediately after completion of transportation. In the event of damage that is not immediately apparent, these must be claimed in writing 7 days after the end of transportation.
In addition, claims against AMS Advanced Mobility Solutions GmbH expire 1 year after completion of transportation. For damages based on intent or gross negligence, the limitation period is 3 years.
8. Place of Fulfilment, Jurisdiction, Miscellaneous
The place of fulfilment is Hamburg.
The place of jurisdiction for all disputes with merchants, legal entities under public law or with persons who do not have a general place of jurisdiction in Germany — including claims for bills of exchange and check — is Hamburg.
AMS Advanced Mobility Solutions GmbH may, at its option, also claim claims against the client before the court responsible for its registered office.
Additional agreements and deviating agreements must be made in writing. Should individual provisions in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the effectiveness of all other provisions or agreements.
The laws of the Federal Republic of Germany apply to these terms and conditions and the entire legal relationship between AMS Advanced Mobility Solutions GmbH and customers.