Dear Customers, the following Terms and Conditions for Coach Hire, hereinafter abbreviated as “MOB”, shall, where validly agreed, form part of the contract concluded in the event of the hire of coaches between us, Evro Bus GmbH, hereinafter referred to as the “bus company” and abbreviated as “BU”, and the customer, hereinafter abbreviated as “AG”. Please read these MOB carefully before placing an order. We recommend that you carry these MOB with you during the journey and inform your tour guides and other representatives as well as your passengers of the contents of these contractual terms so that they can at any time acquaint themselves with their rights and obligations as the AG and with the effects these have on the conduct of tour guides, representatives and passengers. Further below you will also find the terms applicable to our locations

• Truck Wash Hirschberg
• Weinheim Workshop

Overview of our terms

1. Legal basis, scope of application of these Terms and Conditions
2. Conclusion of the contract
3. Services and scope of the BU’s contractual obligations, time-critical transport, seat allocation
4. Changes to services, changes relating to the vehicle used
5. Prices, payment
6. Price increases
7. Withdrawal and termination by the customer
8. Withdrawal and termination by the BU
9. Limitation of the BU’s liability
10. Obligations and liability of the customer, its employees and passengers, notices of defects (complaints)
11. Limitation periods
12. Special provisions in connection with pandemics (in particular the coronavirus)
13. Information on consumer dispute resolution
14. Choice of law and place of jurisdiction

1. Legal basis, scope of application of these Terms and Conditions 1.1. The entire legal and contractual relationship between the BU and the AG shall be governed primarily by the agreements made in the individual case (in particular regarding prices and services), by these contractual terms insofar as they have been validly agreed, and subsidiarily by the provisions of German tenancy law governing the hire of movable property (§§ 535 et seq. BGB). 1.2. Insofar as validly agreed, these contractual terms apply to contracts with natural persons and groups where the contract cannot be attributed to either their commercial or their self-employed professional activity (consumers within the meaning of § 13 BGB). These contractual terms also apply to contracts with commercial or self-employed customers insofar as they conclude the contract in the course of their commercial or self-employed professional activity (entrepreneurs within the meaning of § 14 BGB). 1.3. The following contractual provisions apply only to entrepreneurs acting as the AG: a) These contractual terms also apply to all future contracts between the AG and the BU, even if these contractual terms have not been expressly agreed, referred to or declared applicable. b) For all future contracts between the AG and the BU, the BU and the AG agree under this framework agreement pursuant to § 651a para. 5 no. 3 BGB that the provisions of §§ 651a et seq. BGB (Subtitle 4) shall not apply to any travel services provided by the AG for its business purposes. The AG and the BU agree that the service is intended for business purposes where the invoice is issued to the AG’s company. c) General terms and conditions of the AG shall not apply to the contractual relationship with the BU, even if the AG has declared them applicable and even if the BU does not object to such terms. 1.4. Mandatory statutory provisions applicable to the contractual and legal relationship between the AG and the BU, in particular provisions of trade law and passenger transport law, as well as applicable provisions of European Union regulations (in particular the Passenger Rights Regulation), shall remain unaffected by these contractual terms.

2. Conclusion of the contract 2.1. The AG may communicate its interest in hiring a bus orally, by telephone, in writing, by email, by fax and – where the BU provides for this on its website – online using an appropriate enquiry form. 2.2. On the basis of the information provided, the BU informs the AG about the vehicles available, prices, services and other conditions. This information does not yet constitute a binding contractual offer by the BU to the AG. At the same time, the BU informs the AG of the form in which any order is to be placed. 2.3. By placing an order, the AG makes a binding offer to the BU to conclude a hire contract. Unless a specific form is expressly stipulated in the BU’s information on the contractual conditions, the order may be placed orally, in writing, by telephone, by email, by fax or – where provided for by the BU – online. 2.4. If the BU offers the option of making a binding online booking via the BU’s website, the BU shall inform the AG on the website about the individual steps required for a binding booking and the further procedure for concluding the contract. In this case, the online booking becomes binding on the AG by clicking the button „Book with obligation to pay“, meaning that by clicking this button the AG submits to the BU a binding contractual offer to conclude a hire contract which, if accepted by the BU, results in a contract with the AG that entails an obligation to pay. The provisions in Sections 2.5 to 2.7 shall apply accordingly to this booking process. 2.5. Unless another period has been expressly agreed, the AG shall be bound for 7 working days by the contractual offer made when placing the order. 2.6. The basis of the AG’s contractual offer to the BU is the information on the vehicle, prices and services contained in the information on the contractual conditions pursuant to Section 2.2, together with these contractual terms. 2.7. The contract becomes legally binding on the BU and the AG upon receipt by the AG of the BU’s order confirmation. 2.8. If the BU, where applicable after first clarifying the availability of the coach-hire services requested or envisaged by the AG, submits an offer expressly designated as binding, then, by way of derogation from Sections 2.1 to 2.3 and 2.5 to 2.7, the contract shall be concluded as follows: a) In this case, the BU’s offer constitutes the binding offer to conclude the corresponding hire contract on the basis of the prices and services specified in that offer and these MOB. b) The contract becomes legally binding when the AG accepts this offer without additions, restrictions or other changes in the form specified by the BU and the BU receives this declaration of acceptance within any period specified by the BU. The BU is entitled, but not obliged, to accept declarations of acceptance received late. It shall inform the AG of this without delay. c) The BU shall confirm receipt of the AG’s declaration of acceptance. In this case, however, the contract is already legally binding upon receipt by the BU of the AG’s declaration of acceptance, and the legal binding effect of the contract therefore does not depend on the AG receiving this confirmation of receipt. 2.9. In the case of groups, authorities, associations, institutions and companies, the customer and contractual partner of the BU is exclusively the respective group, authority, etc. or the respective legal entity, unless the order is expressly placed for another natural or legal person or plurality of persons as the AG, or the circumstances indicate that the order is intended to be placed in their name. The person who places the order on behalf of a group, authority, association, institution or company shall be liable for the obligations of the AG for whom they act as for their own obligations, insofar as they have assumed this special liability by means of an express and separate declaration or, under the statutory provisions (§ 179 BGB), have acted as a representative without authority.

3. Services and scope of the BU’s contractual obligations, time-critical transport, seat allocation 3.1. The BU’s obligation to perform consists of providing the vehicle on a hire basis, including the driver(s), for the transport of persons in accordance with the contractual agreements. Accordingly, the BU does not owe the transport itself as a specific result within the meaning of a contract for work and services. 3.2. The occasion and/or purpose of the transport covered by the contract does not form part of the contractual basis unless expressly agreed with the BU. The cancellation or change of the occasion and purpose (in whole or in part), in particular the cancellation or non-occurrence of destinations, events, visits or similar, therefore does not give the AG any entitlement to withdraw from the contract free of charge, terminate it, reduce the price or otherwise adjust the contract. 3.3. If the contractually agreed use of the bus serves to reach destinations or events by a specified time, the following shall apply: a) Taking account of the route, weather conditions, driving times and necessary breaks, the BU plans the time required and the resulting departure time. b) It is the responsibility of the AG, in particular where the AG is an entrepreneur and especially where the AG has relevant experience with the destination, the event and/or the route, to raise appropriate information and concerns with the BU in good time regarding the planned route or the time required. c) Provided that the BU does not breach any contractual or statutory obligations, the BU shall not be liable for reaching the destination or event on time. Costs incurred by the AG or its passengers as a result of delay shall be borne by the AG. d) If, in order to avoid delays or as a consequence of them, the BU takes measures on the instructions of or in agreement with the AG or its representatives (e.g. communication, deployment of additional drivers, use of alternative means of transport), the AG shall reimburse the BU for the corresponding expenses. 3.4. The BU’s obligation to perform does not include supervision of passengers. In particular, when transporting minors, the BU assumes no contractual duty of supervision. 3.5. The following applies to the BU’s obligation to perform in relation to persons with disabilities or persons with reduced mobility: a) The BU is obliged to provide assistance and care services only where this has been expressly agreed or is required by law. b) The AG is obliged, before conclusion of the contract, to inform the BU of the expected number of persons requiring assistance and to provide precise information on their limitations and assistance needs; the information must be supplemented and specified in good time before the start of the journey. If a substantial increase in the number of persons requiring assistance compared with the information provided before conclusion of the contract necessitates the use of another bus, additional drivers or other special measures, the AG shall pay an additional charge for this over and above the agreed remuneration. 3.6. The BU is under no obligation to supervise items left by the AG or its passengers in the passenger compartment of the vehicle; nor is the BU under any obligation to supervise luggage during loading and unloading. This does not affect claims by the AG and its passengers arising from breaches of duty by the BU and/or the driver concerning the proper parking and locking of the bus and the luggage compartments, or technical defects in the bus relating thereto. 3.7. Unless expressly agreed otherwise, the following applies to information and provisions connected with the journey, especially journeys abroad: a) The BU is not obliged to provide the AG or its passengers with information on visa, entry, foreign-exchange and customs regulations. The AG is itself responsible for observing and complying with these regulations and for obtaining the necessary documents, permits and records. It is obliged to instruct its passengers to comply with the regulations and to carry the relevant documents and identification papers. b) The BU owes the AG no advice on the legal consequences arising from the hire of the bus or from the occasion, destination, purpose and conduct of the journey. In particular, it is solely the responsibility of the AG to determine whether, by placing the order with the BU and/or carrying out the journey, it assumes the legal status of an organiser of package travel or otherwise incurs its own contractual or statutory obligations towards its passengers in relation to the journey. The AG alone is responsible for complying with any corresponding provisions. c) Without an express agreement with the AG, the BU is not obliged to take out insurance for the benefit of the AG or its passengers beyond the insurance required of it by law, nor to advise them of such insurance. This applies in particular to travel cancellation insurance, trip interruption insurance or insurance covering the costs of repatriation in the event of accident or illness. 3.8. Within the framework of the applicable statutory provisions (in particular compliance by the BU with provisions concerning bus transport of persons with disabilities or persons with reduced mobility), the allocation of specific seats on the bus and any related contractual agreements with passengers are exclusively at the discretion and within the responsibility of the AG. 3.9. Without an express contractual agreement to this effect, the BU, its drivers or other representatives are under no obligation to organise, implement or ensure specific seat allocations; in particular, they are under no obligation to provide information or instructions to passengers in this regard. 3.10. However, the BU, its drivers or other representatives are entitled to change seat allocations made by the AG or its representatives, in particular to assign passengers, on a binding basis, seats other than those intended or agreed with the AG, where this is necessary in order to comply with statutory obligations (in particular towards passengers with disabilities or reduced mobility) or for safety reasons. This also applies where such seat allocation constitutes a measure taken, for the reasons set out in Section 10.5 a) to f), instead of excluding a passenger from carriage.

4. Changes to services, changes relating to the vehicle used 4.1. Changes to essential contractual services, in particular a change to the intended vehicle type, which become necessary after conclusion of the contract and were not brought about by the BU contrary to the principle of good faith, are permitted only insofar as the changes are not substantial and do not impair the purpose of the contract. 4.2. Any warranty claims shall remain unaffected insofar as the changed services are defective. 4.3. The BU is obliged to inform the AG without delay of any substantial changes to services once it becomes aware of the reason for the change. 4.4. In the event of a substantial change to an essential contractual service, the AG is entitled to withdraw from the contract free of charge. The AG must exercise this right against the BU without delay after the BU has notified it of the substantial change to the contractual services. 4.5. If, as a result of a unilateral request for change by the AG for which the AG has no contractual or statutory entitlement, or on the basis of corresponding agreements in the contract or after conclusion of the contract, the seating capacity, route, route length, contract duration or other essential contractual services are reduced, the BU is entitled to use a vehicle other than the one provided for in the contract and, where applicable, to use a maximum of two other or smaller vehicles instead of one vehicle. These vehicles may differ in type and equipment from the vehicle contractually agreed. Any claims by the AG for a reduction in price in the event of such substitute use shall remain unaffected. 4.6. The provision in Section 4.5 applies accordingly if the use of a contractually agreed vehicle has become impossible due to circumstances outside the BU’s sphere of risk and control. These include, in particular, breakdown or loss due to force majeure or unavoidable, extraordinary circumstances (weather damage, theft, vandalism), as well as damage caused by motor-vehicle accidents for which neither the BU nor its vicarious agents or assistants are responsible.

5. Prices, payment 5.1. Unless otherwise agreed, the hire price agreed at the time the contract is concluded shall apply, unless the requirements for a price increase pursuant to Section 6 of these contractual terms are met. 5.2. The agreed hire price includes the costs of fuel, oil and other operating materials, as well as personnel costs for the driver(s), in accordance with the agreed hire/deployment period and the agreed route. Other additional and ancillary costs, in particular tolls and parking fees, shall be borne by the AG. Where possible, the BU shall inform the AG before conclusion of the contract of the type and anticipated amount of such additional and ancillary costs. If accommodation and meal costs for the driver are not included in the price, the BU shall point this out to the AG before conclusion of the contract (in particular in the offer). 5.3. Additional costs arising from changes to services requested by the AG shall be charged separately. 5.4. Invoices are due for payment upon receipt without deduction. Payment methods other than cash or bank transfer are possible only if expressly agreed in advance. Payments in foreign currencies are expressly excluded. 5.5. Bank transfers, especially from abroad, must be made free of costs and charges. 5.6. For a payment to be deemed timely, the decisive factor is when the amount is credited to the BU’s account. 5.7. If advance payments have been agreed, the BU is entitled, provided that it is ready and able to perform the contractual services and the AG has no statutory or contractual right of retention, to withdraw from the contract after a reminder setting a deadline and to charge the AG withdrawal costs pursuant to Section 7 of these terms. 5.8. If the AG is in default vis-à-vis the BU with undisputed payment claims arising from earlier contracts or with statutory payment claims of the BU, the BU may refuse to perform the contractual services under subsequent orders until the undisputed claim, including default interest, reminder costs, court costs and lawyers’ fees, has been paid in full. The AG may make payment, subject to reservation of the right to reclaim it, in order to avert the BU’s right of retention. If there is default in payment in respect of disputed contractual or statutory payment claims, the BU may refuse contractual services under subsequent contracts unless the AG first provides security by means of an unconditional, irrevocable and directly enforceable bank guarantee or by depositing the amount in an escrow account held by a lawyer or notary designated by the BU.

6. Price increases 6.1. Unless otherwise agreed in the individual case, the BU is entitled to demand a price increase of up to 10% of the contractually agreed price in the event of increases in fuel costs, personnel costs, taxes and levies, insofar as such increases affect the agreed hire price. 6.2. An increase is permissible only if more than 4 months lie between conclusion of the contract and the contractually agreed start of the transport service, and if the circumstances giving rise to the increase had not yet occurred before conclusion of the contract and were not foreseeable by the BU at the time of conclusion. The BU must inform the AG without delay after becoming aware of the reason for the increase, assert the increase and provide evidence of the reason for it. 6.3. In the event of a permissible increase exceeding 3% of the agreed basic hire price, the AG may withdraw from the contract without any payment obligation towards the BU. The declaration of withdrawal is not subject to any particular form and must be made to the BU without delay after receipt of the request for the increase. However, in order to avoid misunderstandings, the AG is advised to make the declaration of withdrawal in text form.

7. Withdrawal and termination by the customer a) Following withdrawal, which is possible at any time, the traveller is generally obliged to pay the following flat-rate compensation: if withdrawal takes place up to 28 days before the start of the journey, 20% of the total travel price; if withdrawal takes place 27 to 22 days before the start of the journey, 30% of the total travel price; if withdrawal takes place 21 to 15 days before the start of the journey, 40% of the total travel price; if withdrawal takes place 14 to 8 days before the start of the journey, 55% of the total travel price; and if withdrawal takes place 7 to 1 day before the start of the journey, 75%. If withdrawal takes place on the day of travel (no-show), 100% of the total travel price shall be charged as cancellation costs. b) The decisive factor for calculating the periods is receipt of the declaration of withdrawal by the tour operator or booking office. The traveller is advised to withdraw in writing. c) The traveller is expressly permitted to prove that no claim to compensation arose at all or that the compensation is substantially lower than the flat-rate amount.

8. Withdrawal and termination by the BU In addition to the case of payment default by the AG regulated in these contractual terms, the BU may

• withdraw from the contract before the start of the journey
• or terminate the contract after performance has begun (start of the journey),

a) if, despite an appropriate warning from the BU, the AG substantially breaches contractual or statutory obligations, or such breaches are objectively to be expected, and such breaches are objectively capable of substantially endangering, hindering or impairing the proper performance of the contractual services by the BU. If these requirements are met, the BU is entitled to withdraw or terminate only if, because of the breach of duty and taking into account the AG’s interest in performance of the contract, it would objectively be unreasonable to expect the BU to adhere to the contract. b) insofar as the AG and/or its representatives and/or its passengers breach safety or health regulations or otherwise objectively endanger the safety of the bus, the driver, the occupants of the bus, other road users or other third parties, c) if performance of the service is substantially hindered, endangered or impaired by force majeure or by substantial difficulties, hazards or impairments resulting from unavoidable and unforeseeable circumstances such as war or warlike events, hostilities, insurrection or civil war, arrest, seizure or obstruction by state authorities or other persons, roadblocks, quarantine measures, as well as strikes, lockouts or work stoppages for which the BU is not responsible. 8.2. In the event of withdrawal or termination pursuant to Section 8.1 lit. a) and b), the BU’s claim to the agreed remuneration shall remain in force. The provisions of Section 7 shall apply accordingly. 8.3. If the BU terminates the contract after the start of the journey for the reasons stated in Section 8.1 lit. c), the BU is obliged, at the AG’s request, to transport the passengers back, whereby there is an entitlement to return transport only by one bus. The obligation to provide return transport ceases if and insofar as return transport is impossible for the BU or is unreasonable even taking into account the interests of the AG and/or its participants. If such termination results in additional costs for the return transport itself, these shall be borne in equal shares by the AG and the BU. Other additional costs, in particular costs for additional meals or accommodation (lodging) for the AG’s passengers, shall be borne by the AG. 8.4 If the BU terminates the contract for the reasons stated in Section 8.1 lit. c), it shall be entitled to reasonable remuneration for services already rendered. Section 7 shall apply accordingly to the remaining days of the original hire period after termination.

9. Limitation of the BU’s liability 9.1. The BU’s liability for contractual claims, with the exception of liability for property damage to which Section 9.2 applies, is limited to ten times the hire price. This limitation of liability does not apply a) to damage arising from injury to life, limb or health resulting from a negligent breach of duty by the BU or an intentional or negligent breach of duty by a legal representative or vicarious agent of the BU, b) to claims for other damage resulting from a grossly negligent breach of duty by the BU or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the BU, c) to typical and foreseeable damage resulting from the negligent breach of essential performance obligations of the BU. 9.2. § 23 PBefG shall remain unaffected. Liability for property damage is therefore excluded insofar as the damage exceeds €1,000 per item of luggage carried and is not based on intent or gross negligence.

10. Obligations and liability of the customer, its employees and passengers, notices of defects (complaints) 10.1. The AG is responsible for the conduct of its passengers during transport. 10.2. The AG, its tour guides or other representatives and its passengers must comply with instructions given by the driver or other employees of the BU, a) insofar as these instructions relate to the implementation of and compliance with statutory provisions in Germany and abroad, in particular compliance with safety and entry regulations, b) insofar as such instructions are objectively justified in order to enable or ensure the proper conduct of the journey, c) insofar as the instructions serve to prevent or stop unreasonable interference with or inconvenience to the driver and/or passengers. 10.3. The AG itself shall be liable, where applicable jointly and severally with its passengers, tour guides or representatives, for property or financial damage suffered by the BU and caused by its passengers, tour guides or representatives, in particular damage to the vehicle, insofar as the AG’s own breach of contractual or statutory obligations caused or contributed to the damage and the AG does not prove that neither it nor its passengers, tour guides or representatives are responsible for the damage. 10.4. Pursuant to § 21 StVO, prescribed seat belts must be worn while the vehicle is in motion. Seats may be left only briefly. Every passenger is obliged to maintain a secure hold in the vehicle at all times, in particular when briefly leaving their seat. The AG must ensure compliance with these safety rules by passengers, in particular by providing appropriate express written or oral information to its passengers and appropriate instructions to its tour guides or other representatives. 10.5. Passengers who, despite being warned, fail to comply with objectively justified instructions of the driver or other representatives of the BU, in particular instructions based on these provisions, may be excluded from carriage and required to leave the bus if the failure to comply with the instructions a) results in or perpetuates a breach of statutory provisions in Germany or abroad, b) results in a breach of safety regulations, c) objectively endangers or impairs passenger safety even without a breach of safety regulations, d) objectively and substantially hinders, endangers or impairs the proper conduct of the journey, e) substantially and unreasonably inconveniences the passengers f) for other substantial reasons makes continued carriage objectively unreasonable for the BU, even taking into account the affected passenger’s interest in continued carriage. 10.6. In the event of justified exclusion from carriage, there is no entitlement to return transport and the AG has no recourse claims against the BU. 10.7. Notices of defects (complaints) concerning the manner in which the journey is carried out and/or the vehicle used and/or the driving style or conduct of the driver or other representatives, as well as defects in other contractual services of the BU, must initially be addressed to the driver or the BU’s other representatives. The AG must instruct its tour guides or other responsible representatives to raise corresponding notices of defects with the driver or other representatives of the BU, regardless of whether corresponding complaints are made or have already been made by the passengers themselves. 10.8. The driver or other representatives of the BU are instructed and entitled to remedy justified notices of defects. They are entitled to refuse to provide a remedy if it is impossible or possible only with disproportionate effort. In the event of such refusal to remedy, the AG’s claims, in particular claims for a reduction in price or damages, shall remain unaffected. The AG is obliged, within reasonable limits, to cooperate in remedying disruptions to performance in order to avoid possible damage or keep it as low as possible. It must instruct its tour guides or other representatives to act accordingly before the start of the journey.

11. Limitation periods 11.1. Contractual claims of the AG arising from injury to life, limb or health that are based on an intentional or negligent breach of duty by the BU or by a legal representative or vicarious agent of the BU shall become time-barred after three years. The same applies to claims for compensation for other damage based on an intentional or grossly negligent breach of duty by the BU or by a legal representative or vicarious agent of the BU. 11.2. All other contractual claims shall become time-barred after one year. 11.3. The limitation periods pursuant to Sections 11.1 and 11.2 shall begin at the end of the calendar year in which the claim arose, but not before the point in time at which the AG became aware, or without gross negligence ought to have become aware, of the grounds for the claim and of the BU as the party against which the claim is directed. If the last day of the period falls on a Sunday, an officially recognised public holiday or a Saturday, the next working day shall take its place. 11.4. If negotiations concerning the claim or the circumstances giving rise to the claim are pending between the AG and the BU, the limitation period shall be suspended until the AG or the BU refuses to continue the negotiations. The claim shall become time-barred no earlier than three months after the suspension ends. 11.5. The foregoing provisions do not affect mandatory statutory limitation rules, in particular those arising from the liability of the BU or its vicarious agents and assistants (especially the drivers) under liability provisions of road traffic, motor vehicle and passenger transport law. In relation to AGs that are entrepreneurs, this applies only insofar as deviating agreements with them are likewise not permissible.

12. Special provisions in connection with pandemics (in particular the coronavirus) 12.1. The parties agree that the agreed coach-hire services shall always be provided by the BU in compliance with and in accordance with the official requirements and conditions applicable at the relevant time of performance. 12.2. The parties expressly agree that, under this agreement, any right of termination due to force majeure or unreasonable changes to services caused by official requirements for the conduct of journeys is excluded. 12.3. The customer agrees to comply with reasonable rules or restrictions on use imposed by the BU when making use of services and to instruct all passengers to notify the BU’s office and the driver without delay if typical symptoms of illness occur. 12.4. The contract is expressly concluded subject to the BU’s right to withdraw if, at the time of performance, carriage of the contractually agreed maximum number of persons (unless expressly agreed otherwise, the permitted maximum passenger capacity of the agreed bus shall apply) is not permissible at all times under the official requirements applicable to the coach-hire journey.

13. Information on consumer dispute resolution The BU does not participate in voluntary consumer dispute resolution. Should consumer dispute resolution become mandatory for the BU after these contractual terms have gone to press, the BU will inform consumers of this in an appropriate manner. For all contracts concluded by electronic means pursuant to Section 2.4, the BU refers to the European Online Dispute Resolution platform at http\://ec.europa.eu/consumers/odr/.

14. Choice of law and place of jurisdiction 14.1. The contractual relationship between the AG and the BU shall be governed exclusively by German law. This also applies to the entire legal relationship. 14.2. Insofar as, in proceedings brought by the AG against the BU abroad, German law is not applied to the basis of the BU’s liability, German law shall apply exclusively to the legal consequences, in particular to the nature, scope and amount of the AG’s claims. 14.3. The AG may bring proceedings against the BU only at the BU’s registered office. 14.4. For proceedings brought by the BU against the AG, the AG’s place of residence or registered office shall be decisive. For proceedings against AGs that are merchants, legal entities under public or private law, or persons or companies whose place of residence, registered office or habitual residence is abroad, or whose place of residence, registered office or habitual residence is unknown at the time proceedings are initiated, the BU’s registered office is agreed as the place of jurisdiction. 14.5. The foregoing provisions shall not apply a) if and insofar as mandatory provisions of international agreements applicable to the contract between the AG and the BU provide otherwise in favour of the AG, or b) if and insofar as mandatory provisions applicable to the contract in the EU Member State to which the AG belongs are more favourable to the AG than the foregoing provisions or the corresponding German provisions. Version: 04/08/2020

Truck Wash Hirschberg

Vehicles are cleaned in the Truck Wash Hirschberg car wash on the basis of the statutory provisions and subject to the following General Terms and Conditions: The car wash operator guarantees proper and gentle cleaning of the vehicles in accordance with the current state of car wash technology. The user must assert any claims for rectification due to inadequate cleaning immediately after leaving the car wash. The car wash staff may refuse any vehicle where, due to special circumstances apparent to the staff, use of the car wash could result in damage. The user of the car wash is obliged, in good time before washing, to draw the staff’s attention to all circumstances known to them that could lead to damage to the vehicle, following vehicles or the car wash. This applies in particular to vehicles with pre-existing damage. The car wash operator shall be liable to the user for compensation for any damage insofar as it is based on circumstances that the operator could have prevented by exercising the required care. If damage occurs as a result of the washing process in the car wash, the car wash operator shall be liable for the direct damage. Consequential damage shall not be compensated unless the car wash operator is liable due to gross fault. The facility operator’s liability is excluded in particular where damage is caused by improperly secured vehicle parts that are not part of the vehicle’s standard equipment (e.g. trim strips, mirrors, antennas, spoilers, headlight washer systems or similar), unless the car wash operator or its staff acted with gross negligence or intent or there has generally been a breach of essential contractual obligations. Liability is also excluded for damage caused by failure to observe clearly displayed and unambiguous entry and usage instructions, unless the car wash operator is liable due to gross fault. The user must notify the facility operator or facility staff of claims for compensation relating to obvious damage before leaving the premises. Liability is excluded for:

• Tyres and rims with a width of more than 34 cm
• Tyres and rims with a height of less than 9 cm
• Rims with a protruding rim edge (rims wider than the tyres)
• Vehicles with wheel spacers on the rear axle
• Vehicles with retrofitted parts not installed at the factory
• Damage triggered by vehicle sensors
• Classic vehicles more than 20 years old

If these exclusions of liability are disregarded, the vehicle is washed entirely at the user’s own risk. Should any clause of these General Terms and Conditions or any part thereof be or become invalid, the validity of the remaining provisions shall remain unaffected.

Weinheim Workshop

Placing an order

• The services to be provided must be specified in the order form or in a confirmation letter, together with the expected or binding completion date.
• The customer shall receive a copy of the order form.
• The order authorises the contractor to place subcontracts and to carry out test drives and transfer journeys.

Price information in the order form; cost estimate

• At the customer’s request, the contractor shall also state in the  order form the prices expected to be charged when the order is carried out.
• Price information in the order form may also be provided by reference to the relevant items in the price and labour-time catalogues available at the contractor’s premises.
• If the customer requires a binding price quotation, a written cost estimate is required; this must list the work and spare parts individually and state the respective price for each. The contractor shall be bound by this cost estimate until the expiry of 3 weeks after it is issued.
• Services performed for the preparation of a cost estimate may be charged to the customer if this has been agreed in the individual case.
• If an order is placed on the basis of the cost estimate, any costs for the cost estimate shall be credited against the invoice for the order, and the total price may be exceeded when invoicing the order only with the customer’s consent.
• If the order form contains price information, VAT must be stated, as it must in the cost estimate.

Completion

• The contractor is obliged to meet a completion date designated in writing as binding. If the scope of work changes or expands compared with the original order and this causes a delay, the contractor must without delay state a new completion date and the reasons for the delay.
• If, in the case of orders concerning the repair of a motor vehicle, the contractor culpably fails by more than 24 hours to meet a completion date that was bindingly agreed in writing, the contractor shall, at its option, either provide the customer free of charge with a replacement vehicle of as nearly equivalent a type as possible under the contractor’s terms applicable at the time, or reimburse 80% of the costs actually incurred for hiring a replacement vehicle of as nearly equivalent a type as possible. The customer must return the replacement or hired vehicle without delay after being notified that the subject matter of the order has been completed; further compensation for damage caused by delay is excluded except in cases of intent or gross negligence. The contractor shall also be responsible for impossibility of performance occurring by chance during the period of delay, unless the damage would have occurred even if performance had been timely.
• In the case of commercially used vehicles, instead of providing a replacement vehicle or assuming hire-car costs, the contractor may compensate the loss of earnings caused by delayed completion.
• If the contractor is unable to meet the completion date as a result of force majeure or operational disruptions for which it is not at fault, there shall be no obligation to pay damages for delays caused thereby, in particular no obligation to provide a replacement vehicle or reimburse the costs actually incurred for hiring a vehicle. The contractor is, however, obliged to inform the customer of the delays insofar as this is possible and reasonable.

Acceptance

• Unless otherwise agreed, the customer shall accept the subject matter of the order at the contractor’s premises.
• The customer is obliged to collect the subject matter of the order within 1 week of receiving notice of completion and being handed or sent the invoice. In the event of failure to accept, the contractor may exercise its statutory rights.
• For repair work carried out within one working day, the period is reduced to 2 working days.
• In the event of delay in acceptance, the contractor may charge the customary local storage fee. At the contractor’s discretion, the subject matter of the order may also be stored elsewhere. The costs and risks of storage shall be borne by the customer.

Calculation of the order

• The invoice shall separately show the prices or price factors for each technically self-contained item of work and for the spare parts and materials used.
• If the customer requests collection or delivery of the subject matter of the order, this shall take place at the customer’s expense and risk. Liability in the event of fault shall remain unaffected.
• If the order is carried out on the basis of a binding cost estimate, reference to the cost estimate shall be sufficient, with only additional work to be listed separately.
• Calculation of the exchange price under an exchange scheme requires that the removed assembly or part corresponds to the scope of supply of the replacement assembly or part and that it has no damage making reconditioning impossible.
• VAT shall be borne by the customer.
• Any correction of the invoice by the contractor, as well as any objection by the customer, must be made no later than 6 weeks after receipt of the invoice.

Payment

• The invoice amount and prices for ancillary services are due for payment in cash upon acceptance of the subject matter of the order and handover or dispatch of the invoice, but no later than within 1 week after notification of completion and handover or dispatch of the invoice.
• The customer may set off claims against claims of the contractor only if the customer’s counterclaim is undisputed or has been established by a final and binding judgment; a right of retention may be asserted only insofar as it is based on claims arising from the order.
• The contractor is entitled to demand an appropriate advance payment when the order is placed.

Extended lien The contractor has a contractual lien, in respect of its claim arising from the order, over items that have come into its possession as a result of the order. The contractual lien may also be asserted in respect of claims arising from work previously performed, spare-part deliveries and other services insofar as they are connected with the subject matter of the order. For other claims arising from the business relationship, the contractual lien applies only insofar as such claims are undisputed or have been established by a final and binding judgment and the subject matter of the order belongs to the customer. Material defects

• The customer’s claims due to material defects shall become time-barred one year after acceptance of the subject matter of the order. If the customer accepts the subject matter of the order despite being aware of a defect, the customer shall have claims for material defects only if these were reserved at the time of acceptance.
• If the subject matter of the order is the supply of movable items to be manufactured or produced and the customer is a legal entity under public law, a special fund under public law or an entrepreneur acting, when concluding the contract, in the course of its commercial or self-employed professional activity, the customer’s claims due to material defects shall become time-barred one year after delivery. In this case, the statutory provisions apply to other customers (consumers).
• Further claims shall remain unaffected insofar as the contractor is mandatorily liable by law or otherwise agreed, in particular where a guarantee has been assumed.
• Claims due to material defects must be asserted by the customer against the contractor; in the case of oral notification, the contractor shall provide the customer with written confirmation of receipt of the notification.
• If the subject matter of the order becomes inoperable due to a material defect, the customer may, with the contractor’s prior consent, contact another qualified motor-vehicle repair business. In this case, the customer must have it recorded in the order form that the work concerns rectification of a defect for which the contractor is responsible and that removed parts are to be kept available to the contractor for a reasonable period. The contractor is obliged to reimburse the repair costs demonstrably incurred by the customer.
• Claims for material defects lapse immediately if, following a tyre change or repair, the wheel nuts or bolts are not retightened after 50 km of driving, provided that we informed our customer of this requirement upon delivery.
• In the event of rectification, the customer may assert claims for material defects arising from the order in respect of the parts installed to remedy the defect until expiry of the limitation period applicable to the subject matter of the order.
• Replaced parts become the property of the contractor.
• Section VIII Material Defects does not apply to claims for damages; Section IX Liability applies to such claims.

Liability

• If, under the statutory provisions, the contractor is liable for damage caused by ordinary negligence, the contractor’s liability shall be limited:
• Liability exists only in the event of a breach of essential contractual obligations, such as obligations that the order, according to its content and purpose, is specifically intended to impose on the contractor, or whose fulfilment is essential for the proper performance of the order in the first place and on whose compliance the customer regularly relies and is entitled to rely. Liability is limited to the typical damage foreseeable at the time the contract was concluded. Insofar as the damage is covered by insurance taken out by the customer for the relevant loss event (excluding fixed-benefit insurance), the contractor shall be liable only for any associated disadvantages suffered by the customer, e.g. higher insurance premiums or loss of interest until settlement of the claim by the insurer. Liability for the loss of money and valuables
• of any kind that have not expressly been accepted for safekeeping is excluded.
• If the customer is a legal entity under public law, a special fund under public law or an entrepreneur acting, when placing the order, in the course of its commercial or self-employed professional activity, and claims for damages due to material defects are asserted after expiry of one year following acceptance or – in the case of supplies of movable items to be manufactured or produced – following delivery of the subject matter of the order, the following applies: the above limitation of liability also applies to damage caused by gross negligence, but not where such gross negligence is attributable to legal representatives or executive employees of the contractor, nor to grossly negligently caused damage covered by insurance taken out by the customer for the relevant loss event.
• Irrespective of any fault on the part of the contractor, any liability of the contractor for fraudulent concealment of a defect, from the assumption of a guarantee or procurement risk, and under the German Product Liability Act shall remain unaffected.
• Personal liability of the contractor’s legal representatives, vicarious agents and employees for damage caused by them through ordinary negligence is excluded. For damage caused by them through gross negligence, with the exception of the legal representatives and executive employees, the limitation of liability applicable to the contractor in this respect shall apply accordingly.
• The limitations of liability in this section do not apply in the event of injury to life, limb or health.

Retention of title Insofar as installed accessories, spare parts and assemblies have not become essential components of the subject matter of the order, the contractor retains title to them until full and indefeasible payment has been made. Arbitration Board (arbitration procedure)

• If the business is a member of the locally competent motor-vehicle trade guild, the customer may, in the event of disputes arising from this order, or the contractor may with the customer’s consent, refer the matter to the arbitration board of the motor-vehicle trade or industry responsible for the contractor. Referral must be made in writing without delay after the point in dispute becomes known.
• The decision of the arbitration board does not exclude recourse to the courts.
• Referral to the arbitration board suspends the limitation period for the duration of the proceedings.
• Proceedings before the arbitration board are governed by its rules of procedure and business, which the arbitration board will provide to the parties on request.
• Referral to the arbitration board is excluded if court proceedings have already been initiated. If court proceedings are initiated during arbitration-board proceedings, the arbitration board shall discontinue its activities.
• No fees are charged for using the arbitration board.

Place of jurisdiction For all present and future claims arising from the business relationship with merchants, including claims based on bills of exchange and cheques, the exclusive place of jurisdiction shall be the contractor’s registered office. The same place of jurisdiction applies if the customer has no general place of jurisdiction in Germany, moves its residence or habitual place of residence outside Germany after conclusion of the contract, or if its residence or habitual place of residence is unknown at the time proceedings are initiated.