General Terms and Conditions

§ 1 Scope
1. The following general terms and conditions (Allgemeine Geschäftsbedingungen) apply to all services rendered by Valet Parking & More GmbH. In addition, customer agrees to follow any other valid terms and conditions of Valet Parking & More GmbH, for example those stated in the offers and price lists. In case of conflicts, these general terms and conditions are subordinate to any other terms and conditions of Valet Parking & More GmbH including the German version hereof.
2. These general terms shall be exclusive. Variant, opposing, or supplementary customer terms and conditions are only valid so long as Valet Parking & More GmbH’s management explicitly agreed to such terms and conditions.

§ 2 Offers
 The offers by Valet Parking & More GmbH are non-binding and without obligation.

§ 3 Commissions
1. Manner, scope, and procedure of the contractual performance shall exclusively be determined by the offers of Valet Parking & More GmbH.
2. So long as the customer wishes to verbally, via telephone, e-mail, or fax, confirm or modify services during the course of the contract, Valet Parking & More GmbH reserves the right to obtain a written confirmation within the meaning of § 126 No. 1 of the German Civil Code (BGB) concerning such requests.
3. The contract with the customer does not materialize through the customer’s confirmation, but rather through a separate order confirmation from Valet Parking & More GmbH. This is also necessary when the customer wishes to modify performance during the course of contract.
4. Material declarations and notifications made after conclusion of contract by a customer to Valet Parking & More GmbH (i.e., deadlines, notice of defect, declaration of rescission of contract) must be in written form.
5. Modifications and amendments of the contract ensue from Valet Parking & More GmbH’s management or from Valet Parking & More GmbH’s exclusive authorization. Oral declarations to personnel only become effective when approved in writing by Valet Parking & More GmbH’s management.

§ 4 Online Booking
In addition to § 3 hereof, the following terms regarding online booking of transfer or limousine services made via Valet Parking & More GmbH’s internet portal shall apply:
1. Upon filling out the booking-forms and concluding the booking-agreement by clicking button “complete booking,” customer has entered into a binding booking-request. After submitting request customer can correct, change, or accept the data using “previous” or “back” buttons. The booking-request can, however, only be submitted and transferred when customer clicks on button “I accept at this time valid AGB for transfers, regarding limousine services, as well as the privacy policy statement and price list.” and thus accepts and incorporates the above in his booking-request. 
2. Thereupon, Valet Parking & More GmbH sends customer an automatic receipt of confirmation per e-mail, in which the customer’s order along with contract conditions are again specified, and which customer can then print it using “print” function. The automatic receipt of confirmation merely documents that that customer’s order from Valet Parking & More GmbH was received and constitutes no acceptance of the request. The valid contract is first formed through a declaration of acceptance from Valet Parking & More GmbH about agreement, which in this event will be sent to the acceptor via a special e-mail.
3. No right of withdrawal exists for customer pursuant to § 312b Abs. No. 3-6 BGB.
4. A booking can only be effectuated in the German or English language.

§ 5 Payment
1. At contract conclusion the agreed prices apply in due consideration of the price list of Valet Parking & More GmbH.
2. After conclusion of the contract, Valet Parking & More GmbH is authorized to charge a deposit fee amounting to 70% of the offer price. The deposit is to be paid at latest 2 days before services commence. Receipt of money by Valet Parking & More GmbH, particularly the credited amount in its business bank account, is essential.
3. The remaining balance and any additional accrued charges, i.e., additional costs, are subsequently included on the invoice upon fulfillment of services.
4. Payments may be made by bank credit transfer, credit card, cash, or check.
5. Notwithstanding § 5 No. 2 above, owed amount of invoice must be paid in full amount no later than 14 days after billing and fulfillment of services. Receipt of money by Valet Parking & More GmbH, particularly the credited amount in its business bank account is essential, failing to do so leads to default by customer.
6. In absence of a special agreement, performance of payment without deductions is required.
7. Customer is entitled to compensation for outstanding charges only when he has a valid legally-binding counterclaim or one approved by Valet Parking & More GmbH, or when customer’s counterclaims are indisputable.
8. If payment is delayed, Valet Parking & More GmbH charges a fine from 5,--Euro each time an overdue notice is given. The first overdue notice, however, is free of charge.

§ 6 Notice of Defect
If customer’s defect falls within the meaning of code of commercial law (HGB), then he must indicate the obvious defect within seven days, proceeding from time he could have recognized defect. Otherwise, warranty or guarantee claims are excluded.

§ 7 Rescission of Contract
1. Both contracting parties have a right to rescind the contract in compliance with statutory provisions; the customer only when Valet Parking & More GmbH committed a breach of duty. § 6 of these general terms and conditions remains unaffected. 
2. In case of breach of duty, customer must notify Valet Parking & More GmbH within a reasonable amount of time if he wants to rescind the contract due to breach of duty or if he insists on performance.
3. Furthermore, Valet Parking & More GmbH is entitled to rescind, if, from no fault of itself, it is incapable due to force majeure of completing performance of services. The same is true if a different unforeseeable impediment to performance occurs, which Valet Parking & More GmbH cannot overcome through reasonable expenses, provided that the impediment is not in its responsibility.

§ 8 Liability
1. Valet Parking & More GmbH is liable for due diligence of adequate completion of performance. 
2. Valet Parking & More GmbH is not liable for performance failures due to force majeure, i.e., road blockades, hindrance by government body, respectively uprisings or industrial actions, such as strikes, that it does not champion.
3. The liability of Valet Parking & More GmbH, its employees, its legal representatives or vicarious agents for contractual breaches of duty and tort is limited to intentional behavior and gross negligence. This does not apply to damages resulting from fundamental contractual obligations, meaning a duty whose completion generally enables adequate performance of the contract. In the case of ordinary negligence, liability is limited to foreseeable and typically eventuating damages and to three times the amount of the agreed price.
4. The liability for property damage with respect to each transported person is in this respect excluded when damages exceed 1,000.00 Euros, unless liability results from intentional behavior or gross negligence.
5. The customer bears damages arising from communication errors or errors in the transmission of messages with the customer or third parties, unless Valet Parking & More GmbH is responsible for such damages.
6. Valet Parking & More GmbH is not liable for theft, losses, or damages occurring to items carried along while in vehicle, provided that Valet Parking & More GmbH is not responsible for such damages.
7. Claims for damages by customer lapse three months after the contractually allotted conclusion of contract, provided that claims are not made valid within the time frame. In case customer demands compensation due to non-compliance, the aforementioned time period amounts to only one month. After expiration of the time period, the customer claim can only be made valid if he was not to blame for being prevented from complying with deadline.
8. All claims for damages are time-barred after one year of their accruement. This does not apply to claims arising from tort.
9. The aforementioned restrictions also apply to employees, legal representatives or vicarious agents of Valet Parking & More GmbH, to the extent that claims are made directly against them.
10. For claims arising from product liability as well as from other strict liability or from damages to life, body or health, the aforementioned limitations of liability are not applicable.
11.  The customer is liable for all attributable damages to vehicle and, driver and according to relevant statutory provisions.

§ 9 Applicable Law, Venue
1. All legal relationships between Valet Parking & More GmbH and the customer are governed by the law of the German Federal Republic and exclude laws from international and supranational legal systems, particularly UN-Sale of Goods law.
2. If customer falls within the meaning of code of commercial law (HGB) or is deemed a
legal entity under public law or special property law, or if customer does not have a permanent residence in Germany, the exclusive place of jurisdiction for any disputes resulting directly or indirectly from contractual relations shall be the court responsible for the place of business of Valet Parking & More GmbH. Valet Parking & More GmbH remains entitled to bring an action in the place of jurisdiction of the customer.

§ 10 Severability Clause
Should individual terms of this contract be considered void, the rest of the contract remains valid.

The current effective version of these general terms and condition is available for your attention under the URL http://www.valet-parking.de/terms-conditions at your disposal.