GENERAL TERMS AND CONDITIONS (GTC) of BS-Fahrservice - owner Bernd Sommer (hereinafter referred to as BS-Fahrservice)

1. General

The following terms and conditions apply to the business relationship between BS-Fahrservice and the transport services offered by BS-Fahrservice to customers. We reserve the right to make changes to the General Terms and Conditions. The currently valid version of the General Terms and Conditions is published on the Internet.

The version of the General Terms and Conditions that is current at the time the contract is concluded and, in the case of continuing obligations, at the time the transport service is ordered shall apply. Deviating or conflicting terms and conditions are only valid if BS Fahrservice has accepted them in writing.

2. Conclusion of contract and withdrawal from contract

(1) BS-Fahrservice accepts driving orders verbally, by telephone, by e-mail, by fax, in writing or online at the current conditions. However, a contract is only concluded if BS-Fahrservice has confirmed this order in writing or if the journey is actually started. Should an order be accepted on the basis of a printing, calculation or writing error, BS-Fahrservice reserves the right to withdraw.

(2) A specific pick-up time can be agreed for appointment trips to the airport or train station or port or pick-ups from airports, ships or train stations. In these cases, the customer must notify BS-Fahrservice of changes to the timetable in good time so that a change in the pick-up time can be agreed between the parties. Otherwise the customer is liable for any damage incurred by BS Fahrservice. Collections from airports can also refer to the arrival of certain flights, unless a specific collection time has been agreed. In this case, it is the customer's responsibility to inform BS Fahrservice of the exact flight details, in particular the flight number. Collection at the time of scheduled arrival is always contractually owed, unless the customer notifies BS-Fahrservice of the changed arrival time in good time or it was reasonable and possible for BS-Fahrservice to find out about the exact arrival time in good time.

(3) If the customer withdraws an order for the confirmed travel date, the following cancellation fees apply: Less than 2 hours before the agreed travel date (short-term or missed cancellation) 100% of the respective expected transport fee up to the termination of the travel service carried out up to that point. With regard to the calculation of cancellation fees, BS-Fahrservice reserves the right to decide at its own discretion whether cancellation fees should be charged within the framework of the specifications mentioned here or not, the above regulations for cancellation fees still apply in subsequent cases.

3. Prices

(1) Unless otherwise stated, all prices are in EURO. It is expressly noted whether VAT is included and at what rate. The tariffs agreed by BS-Fahrservice and the customer are decisive for additional expenses and possible traffic route usage fees (ferries, tunnel fees, etc.).

(2) Price changes are permitted if there are more than four months between the conclusion of the contract and the agreed travel date. If the wages, the material costs or the market acquisition prices then increase before the service is rendered, BS-Fahrservice is entitled to increase the price appropriately in accordance with the cost increases. The customer is entitled to withdraw if the price increase exceeds the increase in the general cost of living between order and delivery by more than 25%.

4. Carriage of people and things

(1) Customers must behave at all times in such a way that the safety of the vehicle and the driver, their own safety and the safety of other passengers and other third parties are not endangered. You are responsible for complying with the obligation to buckle up for yourself and for supervising and complying with the obligation to secure any minors accompanying you, as well as for supervising and properly securing any animals you are bringing with you. Customers must ensure that they or any minor passengers accompanying them only open the vehicle doors when requested by the driver. Customers and persons accompanying them are nevertheless obliged to check whether it is safe to open the doors. In the event of damage, customers and persons accompanying them are liable for all damage caused by them.

(2) BS-Fahrservice is free to select and equip the vehicle. Customers must point out special transport requests, in particular due to health requirements, or arrival dates when ordering and starting the journey.

(3). In the case of mileage-based fare calculation, the route to be taken as a basis is determined together with the customer at the customer's request before the start of the journey.

(4) Baggage taken along and animals being transported are in the care of the customer during transport, even if BS-Fahrservice is happy to help with proper loading and securing. If it is not possible to secure the load or objects can only be loaded at the risk of endangering the driver or vehicle, such objects can be excluded from carriage.

(5) Food is only transported in closed containers. Opening such containers or consuming tobacco or food while driving is prohibited without the express consent of BS-Fahrservice.

(6) When accepting courier goods suitable for transport, BS-Fahrservice will only check them for completeness at the express request of the customer. For this purpose, the customer must submit a corresponding written acceptance confirmation upon acceptance. Courier goods are suitably loaded and secured by BS-Fahrservice. Is displayed when the courier goods are delivered to the destination

Shortage or a defect compared to the confirmed acceptance confirmation, BS-Fahrservice is to be informed in writing directly upon delivery, stating the type and extent of the damage.

5. Maturity and Payment, Default and Extended Lien

(1) The fare for services is due upon provision and is charged in cash/invoice. The only exceptions to this are orders for which a different written agreement has been made in advance. credit u. EC cards are accepted as a means of payment.

(2) In the case of invoice customers, payments for services must be made within 14 days of receipt of the service-related invoice at the latest. Deductions and deviating payment periods require express written agreement.

(3) Payment is only deemed to have been made when BS-Fahrservice can freely dispose of the amount. Checks and bills of exchange only count as payment after they have been redeemed without reservation.

(4) If the customer is in default of payment, BS-Fahrservice is entitled to demand default interest of 8% pa above the base interest rate. If BS-Fahrservice has demonstrably incurred a higher damage caused by delay, BS-Fahrservice is entitled to assert this as well (§ 288 Para. 3 BGB).

(5) BS-Fahrservice is entitled to a lien on objects provided or in its possession as a result of transport due to its claim(s) from transport. BS-Fahrservice is also entitled to use the right of lien to satisfy claims from other contractual relationships with the customer. BS-Fahrservice is entitled, at its own discretion, to sell seized objects 14 days after their seizure at a reasonable price and to use the income generated to settle the customer's outstanding debt if the customer does not settle the outstanding claim beforehand. BS-Fahrservice is entitled to charge a processing fee of 20 euros for taking a deposit.

6. Warranty, Liability and Limitation of Liability

(1) Natural wear and tear on transported goods, luggage, etc. is excluded from the warranty. Suitcases, bags and other transport containers are used appropriately during transport by BS Fahrservice and are subject to natural wear and tear during transport. Damage to the paintwork of bicycles, wheelchairs and prams etc. transported by BS Fahrservice cannot be ruled out, even with proper loading and transport, and must therefore also be regarded as natural wear and tear.

(2) Courier goods that are transported without personal accompaniment by the customer are excluded from the guarantee unless a suitable acceptance confirmation has been countersigned by BS-Fahrservice before the start of the journey (cf. 4 item (6)).

(3) Possible warranty claims regarding damage to transport goods must be reported to BS Fahrservice immediately at the end of the journey.

(4) Customers are responsible for any bodily harm or property damage resulting from their own consumption of tobacco or food in the vehicle, even if they were permitted to do so by BS-Fahrservice.

(5) BS-Fahrservice is only liable for damage caused to the customer by unpunctual departure or arrival at the destination if

a) compliance with a specific departure and arrival time between BS-Fahrservice and the customer has been expressly agreed in advance and

b) the performance disruption is not caused by natural disasters, unforeseen technical defects, traffic jams or accidents or for reasons that are within the sphere of the customer. This applies in particular to airport trips. Furthermore, BS-Fahrservice is not liable if the customer has determined the departure or arrival time himself and has ignored normal travel delays such as traffic jams etc. In particular, short-term flight plan changes or an earlier or later arrival of the customer than the planned arrival time does not release the customer from his obligation to perform.

(6) Finally, warranty claims arising from scheduled performance defects are excluded if they are not asserted in writing within 14 days of the provision of the service.

(7) The liability of BS-Fahrservice for damage that is not bodily injury or damage to health is limited to twice the fare, insofar as damage to the customer was not caused intentionally or through gross negligence by BS-Fahrservice.

(8) The customer is liable within the framework of the statutory provisions for all property damage or bodily harm caused by him. This also applies to damage caused by minors accompanying persons, by animals or by goods being transported. which, for health or negligent reasons, on

property of BS-Fahrservice or third parties. This also applies in particular to damage caused by contamination through vomiting, incontinence, food or tobacco products brought along. When quantifying such damage, BS-Fahrservice will claim not only the elimination but also lost profit due to failure damage caused by ventilation or drying.

7. Privacy

(1) BS-Fahrservice processes personal data (Art. 4 Para. 2 GDPR) on the basis of Art. 6 Para. 1 Sentence 1 Letter b GDPR. The processing serves to carry out our contracts or pre-contractual measures with you and to carry out your order, as well as all activities required for the order.

(2) If necessary, the customer will conclude agreements with BS-Fahrservice that are necessary under data protection law for the handling of personal data.

8. Applicable Law, Place of Performance and Jurisdiction

German law applies. Place of performance for delivery and service as well as payment is Mannheim. Place of jurisdiction for all disputes is Mannheim.

9. Severability

Should provisions of the contract or these General Terms and Conditions or a future provision be wholly or partially invalid or unenforceable or later lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The same applies if it turns out that there is a loophole. The parties agree that instead of the ineffective or unenforceable provisions or to fill the gap, an appropriate regulation should come into effect which, as far as legally possible, comes closest to what they wanted or would have wanted according to the meaning and purpose of the contract, if the invalidity, unenforceability or gap would have been known. This also applies if the invalidity of a provision is based on a measure of performance or time (deadline or date) prescribed in the contract; a legally permissible measure of performance or time (deadline or date) that comes as close as possible to what is intended should then be considered agreed.

(Status: 01/23/2022)