Terms & Conditions (AGB)

zumflieger.de is a brand of T&M Limousinen Service Gesellschaft mbH. The following General Terms and Conditions (AGB) of T&M Limousinen Service Gesellschaft mbH apply to all services requested and commissioned via zumflieger.de — version 2.1, dated 14 August 2026. This English version is provided for information purposes; the legally binding version is the German original (AGB).

§ 1 General provisions, scope and provision of services

(1) These General Terms and Conditions apply to all current and future business relationships between T&M Limousinen Service Gesellschaft mbH, hereinafter “T&M”, and its clients.

The Client is the natural or legal person who concludes the contract with T&M, irrespective of whether that person uses the agreed service themselves or through or for third parties. The passenger is the person for whom a carriage service is provided.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their trade, business or profession.

(3) The subject matter of the services offered by T&M is exclusively the carriage of persons together with the organisation directly connected with it and the associated ancillary services. These include in particular driving and chauffeur services with limousines, vans, sprinters and buses, transfer and shuttle services, hourly and daily bookings, the provision of vehicles and driving personnel for events as well as the planning, coordination and dispatching of such carriage services.

As ancillary services, T&M may, subject to separate agreement, in particular undertake the procurement of transport tickets, courier and errand journeys as well as purchases for the Client or the passenger. Such ancillary services are non-independent additions to the carriage service.

(4) T&M neither provides nor arranges accommodation services, the rental of motor vehicles for the Client’s or passenger’s own use, or any other independent tourism services. The subject matter of the contract is exclusively carriage services and the ancillary services referred to in paragraph 3.

A package tour or a linked travel arrangement within the meaning of sections 651a et seq. of the German Civil Code (BGB) is therefore not the subject matter of the contract; T&M acts neither as a tour operator nor as an intermediary of linked travel arrangements. If the Client wishes to receive services going beyond paragraph 3, this requires a separate agreement; such services are shown separately in the offer and invoiced separately. The legal classification of a specific combination of services is governed by the mandatory statutory provisions; where their requirements are met in an individual case, the resulting statutory obligations of T&M remain unaffected.

(5) Where air carriage is included at the Client’s request, in particular a charter or private flight or the procurement of flight tickets, T&M acts exclusively as an intermediary. The contract of carriage for the air transport is concluded directly between the Client or the passenger and the respective air carrier or flight operator; that operator is named to the Client before conclusion of the contract.

In this respect T&M owes exclusively the careful arrangement and organisation, not the performance of the air carriage. The conditions of carriage and tariffs of the respective air carrier as well as the applicable aviation law provisions apply to the air carriage. The costs of the air carriage are shown separately and invoiced separately.

(6) With regard to the land carriage services owed by T&M, T&M is the Client’s contractual partner and not a mere intermediary. T&M is entitled, to the extent permitted by law, to provide the agreed services in whole or in part with its own vehicles and its own personnel or to have them provided by carefully selected independent partner and subcontracted companies in Germany and abroad. Separate consent of the Client to the use of a partner or subcontracted company is not required unless personal performance by T&M or by a particular company has been expressly agreed as a binding part of the contract.

(7) Unless expressly stated otherwise in the offer or in the order or booking confirmation, T&M remains the Client’s contractual partner even where a partner or subcontracted company is used, and remains responsible for the provision of the contractually owed service in accordance with these Terms.

(8) Beyond paragraph 5, a pure intermediary service exists only if T&M expressly designates it as such before conclusion of the contract and makes clear to the Client that the contract for the arranged service is concluded directly with a separately designated third-party provider. In this case T&M owes exclusively the agreed arrangement or organisation service.

(9) Conflicting, differing or supplementary general terms and conditions of the Client do not apply unless T&M expressly agrees to their validity. This also applies where T&M provides the service without reservation in the knowledge of conflicting or differing terms of the Client.

(10) Individual agreements between T&M and the Client take precedence over these Terms. Amendments and additions should be recorded in text form for evidence and documentation purposes. The statutory precedence of individual agreements actually concluded remains unaffected.

(11) Unless otherwise provided in these Terms or by individual agreement, the statutory provisions apply.

§ 2 Conclusion of contract

(1) Enquiries from the Client as well as price information, cost estimates and offers transmitted by T&M are subject to change and non-binding unless they are expressly designated as a binding offer.

(2) By submitting a booking or order, the Client makes an offer to conclude a contract for the requested service. The contract is concluded when T&M confirms the booking by an order or booking confirmation in text form or, with the Client’s consent, begins performing the agreed service.

(3) An automated acknowledgement of receipt merely confirms receipt of an enquiry or booking and does not yet constitute acceptance of the order, unless it is expressly designated as an order or booking confirmation.

(4) If T&M expressly submits a binding offer to the Client, the contract is concluded by the Client’s acceptance of that offer within the applicable period. An additional order confirmation by T&M is not required for the conclusion of the contract in this case.

(5) If an order or booking confirmation deviates from the Client’s booking or order in respect of essential elements of the contract, in particular the type of service, the service period, the scope of services or the price, it constitutes a new offer by T&M in that respect.

The use of a different vehicle make or vehicle model within the agreed or a higher booking class/vehicle category does not constitute a material deviation. § 13 of these Terms remains unaffected.

(6) T&M provides the Client with these Terms in the respective applicable version, identified by a version date, in text form at the latest together with the offer, but in any event before conclusion of the contract. Only the version attached to the offer or to the order or booking confirmation is decisive for the respective contractual relationship. A subsequent amendment of these Terms does not have retroactive effect on contracts already concluded.

§ 3 Right of withdrawal for consumers

(1) Consumers have no statutory right of withdrawal in the case of contracts for the carriage of persons. Under section 312(2) no. 14 of the German Civil Code (BGB), contracts for the carriage of persons are excluded from the scope of the provisions on contracts concluded away from business premises and on distance contracts. Contractually granted cancellation and rebooking options under these Terms remain unaffected.

(2) For other services of T&M for which consumers have a right of withdrawal under the statutory provisions, the statutory provisions apply. T&M provides the consumer separately with the legally required information on the right of withdrawal and, where necessary, with the statutory model withdrawal form.

§ 4 Duties of the Client to cooperate and to provide information

(1) The Client must provide T&M with all information required for the planning and proper performance of the agreed service in good time, completely and correctly. This includes in particular the pick-up location and pick-up time, the destination, the number of passengers, the contact details of the passenger or of a responsible contact person, the extent and type of luggage carried as well as any known special requirements for the carriage.

(2) In the case of pick-ups in connection with air, rail, ship or other transport connections, the Client must provide the connection data required and available for performing the booking, in particular flight or train numbers, completely and correctly.

Changes or delays which come to the knowledge of the Client or the passenger and which cannot be reliably determined from the transmitted connection data must be communicated to T&M without undue delay.

(3) Special requirements, in particular additional or bulky luggage, animals, required child restraint systems, a number of passengers higher than in the booking, special pick-up or hand-over situations as well as other special requests, must be communicated to T&M if possible already at the time of booking, but at the latest without undue delay after they become known.

They are owed only to the extent that they have been confirmed by T&M or form part of the agreed service. Paragraph 4 applies exclusively to wheelchairs and other mobility aids, and § 8 paragraph 12 to assistance dogs.

(4) If a passenger brings a wheelchair or another mobility aid, the Client should notify this at the time of booking. The notification serves solely to dispatch a vehicle suitable for taking on board and safely carrying the mobility aid; it is not subject to any reservation of consent by T&M.

Following receipt of the required information, T&M examines without undue delay whether safe carriage is possible and confirms the dispatch of a suitable vehicle. If, exceptionally, safe carriage is objectively impossible for reasons relating to the design of the vehicle or due to mandatory safety regulations, T&M will notify this without undue delay and will offer the Client a suitable alternative or arrange one. A refusal for economic reasons or on account of mere additional expense does not take place.

(5) Changes to the agreed service, in particular regarding the pick-up time, pick-up location, destination, duration of the journey, number of passengers, route or additional intermediate stops, must be communicated to T&M without undue delay. Their implementation is subject to actual and operational availability. The provisions of these Terms on rebookings and changes to services remain unaffected.

(6) The Client must ensure that the passenger or a responsible contact person named by the Client can be reached at the contact details provided to T&M around the time of the agreed pick-up. The Client is responsible for providing the passenger with the booking information required for carrying out the journey.

(7) If the actual number of passengers or the quantity of luggage or other requirements exceed the capacity permitted or safely transportable for the agreed vehicle or the agreed booking class/vehicle category, T&M is not obliged to carry out the carriage going beyond that capacity or to provide additional vehicles at short notice.

T&M will endeavour, as far as operationally possible, to find a suitable solution. Additional services and costs arising as a result may be charged additionally after prior agreement.

(8) The Client bears the consequences arising under the statutory provisions and the necessary additional costs to the extent that these are based on incorrect, incomplete or belatedly communicated information or changes for which the Client or the passengers registered by the Client are responsible.

(9) The Client or passenger is responsible for carrying the personal documents required for the respective carriage and for complying with the entry, residence, customs and other travel regulations applicable to them, unless obtaining or checking such documents is expressly part of the service undertaken by T&M.

§ 5 Prices, terms of payment and securities

(1) The respective offer as well as the order or booking confirmation from T&M are decisive for the type, scope and price of the agreed services. Unless otherwise agreed, services ordered in addition or subsequently required are invoiced separately. Vis-à-vis consumers, services ordered in addition after conclusion of the contract which give rise to a payment obligation exceeding the agreed remuneration require the express order or confirmation of the consumer. Components of remuneration and cost arrangements already effectively agreed upon conclusion of the contract remain unaffected.

(2) Vis-à-vis consumers, total prices stated include the applicable statutory value added tax. Vis-à-vis entrepreneurs, prices are stated plus the statutory value added tax unless otherwise indicated in the respective offer or order confirmation.

(3) Third-party and ancillary costs not included in the agreed price which are necessary for performing the agreed service or which are caused by the Client or the passenger may be charged additionally.

These include in particular parking and access fees, toll and road charges, ferry costs, admission and event costs as well as necessary accommodation and travel costs of the driving personnel. This does not apply where such costs are expressly included in the agreed price.

Where third-party or ancillary costs arise during performance of the order and their nature or amount was not yet known or could not be reliably determined upon conclusion of the contract, they may be passed on to the Client in the amount actually incurred.

For the procurement, organisation, pre-financing or handling of third-party services, T&M may additionally charge a handling fee of 10 % of the third-party costs concerned, provided this is shown in the offer or in the order or booking confirmation or has otherwise been agreed with the Client. Vis-à-vis consumers, such a handling fee is charged only if it has been expressly agreed.

§ 7 paragraph 9 applies additionally to third-party and external costs in the event of a cancellation.

(4) In the case of credit card payments by entrepreneurs, T&M may levy a payment processing fee to the extent permitted by law. This requires that the amount or the method of calculating the fee was communicated to the Client before use of the payment method concerned.

The fee may not exceed the costs actually incurred by T&M through the payment processing concerned and amounts to a maximum of 5 % of the amount payable.

Vis-à-vis consumers, T&M does not levy a separate credit card fee. No corresponding fee is levied for means of payment for which a payment charge is excluded by law.

(5) In the case of new clients, one-off and occasional clients as well as clients to whom T&M has not granted payment by invoice or an individual credit limit, a valid credit card accepted by T&M must generally be deposited as security, unless T&M expressly confirms a different payment or security arrangement.

In individual cases T&M may waive the deposit of a credit card or accept another suitable security.

Where a credit card is used whose holder is not identical with the Client, T&M may require suitable evidence that the cardholder agrees to the intended use of the card.

(6) T&M is entitled, before the start of the service, to have the expected total amount of the agreed service plus a reasonable security amount pre-authorised or reserved on the deposited means of payment.

The security amount may in particular cover foreseeable additional claims for remuneration arising from extensions, waiting times, additional journey distances or intermediate stops as well as ancillary and additional costs likely to arise.

The specific amount to be authorised or reserved is communicated to the Client or cardholder before the authorisation. A pre-authorisation does not in principle constitute a final debit of the means of payment.

(7) If the expected total amount increases during performance of the service due to an extension or change of the service effectively ordered under these Terms or for any other reason attributable to the Client or the passenger, T&M may, to the extent technically and legally permissible, request an additional or increased authorisation.

If a required additional authorisation cannot be obtained, T&M is not obliged to provide additional services beyond the scope of services already agreed and secured.

(8) Following final invoicing, authorisation amounts no longer required are released by T&M. The point in time at which the amount concerned is actually available again within the cardholder’s credit limit depends on the respective payment service provider or card-issuing institution.

(9) Irrespective of the above provisions, T&M may make the conclusion of the contract or the acceptance of the order conditional upon a reasonable advance payment or other security, in particular in the case of an increased order volume, extensive third-party services, international services, special projects or an increased risk of payment default. The amount and due date are communicated to the Client before conclusion of the contract.

(10) Unless otherwise agreed or stated on the invoice, invoices are due for payment without deduction within seven calendar days of receipt.

(11) The statutory provisions apply to the consequences of default in payment. The default interest rate is five percentage points above the applicable base rate vis-à-vis consumers and nine percentage points above the applicable base rate for payment claims in business transactions not involving a consumer.

Vis-à-vis debtors who are not consumers, T&M may additionally assert the statutory lump sum for default as well as any further damage caused by default.

(12) In the interest of a prompt review, complaints regarding the service provided or an invoice should be communicated to T&M as soon as possible, preferably within 14 days of performance of the service or of receipt of the invoice.

Statutory warranty, damages and other rights of the Client as well as statutory limitation periods remain unaffected.

§ 6 Liability

(1) T&M is liable without limitation for damage based on an intentional or grossly negligent breach of duty by T&M, its legal representatives or vicarious agents.

T&M is likewise liable without limitation in the event of culpable injury to life, body or health as well as in all cases in which liability may not be excluded or limited on account of mandatory statutory provisions.

(2) In the case of simple negligence, T&M is liable for other damage only in the event of a breach of a material contractual obligation.

Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely.

In such cases liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for the service concerned.

(3) The above liability provisions apply accordingly to legal representatives, employees and other vicarious agents of T&M. Where T&M uses a partner or subcontracted company to fulfil a service owed to the Client, the same liability principles apply.

The cases of a pure intermediary service expressly designated as such under § 1 remain unaffected.

(4) Where a transfer service is owed, T&M owes carriage in accordance with the contract between the agreed pick-up, intermediate and destination points.

Unless expressly agreed otherwise, a particular journey time or arrival time as well as catching a particular flight, train, ship, appointment, connection or other event are not owed and are not guaranteed.

(5) In the case of hire car journeys, the Client determines the purpose, destination and agreed course of the journey within the framework of the statutory and contractual requirements.

The specific routing between the agreed points is chosen taking into account the wishes of the Client or passenger as well as the current and expected traffic and road conditions, road closures, official requirements, safety aspects and other circumstances relevant to the performance of the journey.

The chauffeur is entitled to deviate from a requested or originally intended routing for objective reasons. In particular, T&M does not owe the choice of the route which, viewed in hindsight, was the shortest or fastest.

(6) If the Client or passenger requests a particular route, an additional intermediate stop, a waiting time, a change of destination or any other deviation from the originally agreed course of the journey during performance of the service, that person bears the additional journey times and delay risks caused thereby, unless T&M is responsible for them on other grounds.

(7) Statements or recommendations by T&M regarding expected journey times, arrival times or suitable pick-up times are based on the circumstances known and typically to be expected at the relevant time and constitute, in principle, non-binding planning values.

This also applies where T&M is aware of a subsequent flight, train, ship, appointment or other connection.

A particular arrival time or catching a particular connection is owed only if T&M has expressly confirmed this as a binding arrival time or connection guarantee.

(8) The Client is obliged to plan reasonable safety margins for customary traffic, weather, handling and other delay risks when setting the pick-up time.

If the Client or passenger opts for a later pick-up time despite a recognisably tight time window or contrary to a recommendation by T&M, the resulting delay and connection risks are to be taken into account under the statutory provisions when assessing any liability.

(9) T&M is not liable for delays, impediments to performance or the failure to catch connections or keep appointments where these are based on circumstances which T&M could not avoid even when exercising the care customary in transport or for which T&M is not responsible.

These may include in particular unforeseeable or exceptional traffic disruptions, accidents caused by third parties, short-notice road closures, demonstrations, official measures, border or security checks, significant weather influences as well as comparable external events.

(10) Where T&M is liable for a culpably caused delay, liability is governed by the above provisions.

The Client must inform T&M in good time of the risk of unusually high damage which was not apparent to T&M at the time of conclusion of the contract. The statutory provisions on contributory negligence and mitigation of damage remain unaffected.

(11) T&M bears no responsibility for personal items, valuables and luggage left behind in the vehicle by passengers merely on account of their being left behind.

Liability for a subsequent culpable breach of statutory or assumed custody or safekeeping duties remains unaffected.

Items found are dealt with in accordance with the statutory provisions. Return or dispatch may take place, subject to agreement, at the expense of the person entitled to receive them.

(12) Mandatory statutory liability provisions, in particular liability under the German Road Traffic Act and under the German Product Liability Act, remain unaffected.

(13) In the case of carriage by bus falling within the scope of Regulation (EU) No 181/2011, its mandatory provisions take precedence over the provisions of this § 6. If wheelchairs, other mobility aids or assistive devices are lost or damaged during such carriage, T&M provides compensation in accordance with the Regulation in the amount of the replacement value or the repair costs; no limitation of the amount applies in this respect.

§ 7 Cancellation and rebooking by the Client

(1) T&M grants the Client the option of cancelling confirmed services before the start of the service in accordance with the following provisions.

(2) The project-specific cancellation conditions shown in the offer or in the order or booking confirmation take precedence. The following cancellation scales apply in addition only where nothing to the contrary is shown there. Paragraphs 3 and 4 apply to clients who are not consumers; paragraph 5 applies exclusively to consumers.

(3) Limousine and van services (clients who are not consumers)

Cancellation is possible free of charge up to and including the fifth calendar day before the agreed start of the service.

In the case of a later cancellation, the lump-sum claim of T&M for remuneration and compensation for loss amounts to:

(4) Sprinter and bus services (clients who are not consumers)

Cancellation is possible free of charge up to and including the 28th calendar day before the agreed start of the service.

In the case of a later cancellation, the lump-sum claim of T&M for remuneration and compensation for loss amounts to:

(5) Special provision for consumers

If the Client is a consumer, the following cancellation conditions apply to all booking classes/vehicle categories, by way of derogation from paragraphs 3 and 4:

(6) The above lump sums take into account the losses typically arising from a cancellation as well as the expenses usually saved and other possible uses of the reserved resources.

The Client is expressly permitted to prove that T&M suffered no loss at all or a substantially lower loss as a result of the cancellation; such proof may also relate to individual cost items. In that case the amount claimed by T&M is reduced accordingly.

(7) Paragraphs 3 to 5 apply only to cancellations declared by the Client without a reason for which T&M is responsible.

They do not apply where the Client terminates the contract on account of a breach of duty for which T&M is responsible or on the basis of a statutory right of withdrawal, termination or other right of termination to which the Client is entitled, or where the provision of the service by T&M is itself prevented by force majeure within the meaning of § 20. In such cases the legal consequences are determined by the statutory provisions or by § 20; a lump-sum claim of T&M for remuneration or compensation for loss does not arise in that respect.

Circumstances arising exclusively within the sphere of the Client or passenger, in particular the cancellation or postponement of the event, the flight or the other occasion for which the carriage was booked, do not in themselves give rise to a right of free cancellation, unless otherwise provided by law or by individual agreement.

(8) The value added tax treatment of cancellation, no-show, rebooking and other compensation amounts is governed by the applicable tax provisions. T&M shows value added tax to the extent that it is legally owed for the respective amount.

(9) Third-party and external costs already incurred and unavoidable as a result of the cancellation, in particular for bindingly commissioned partner companies, permits, ferry services, admission or event costs as well as comparable obligations entered into in connection with the order, may be charged additionally to the extent that they are not already taken into account in the respective cancellation lump sum.

Refunds or credits actually received by T&M are set off. Double charging does not take place.

(10) For major events, special projects, long-term commitment of resources, services involving several vehicles or other orders with particular planning, procurement or coordination effort, differing project-specific cancellation conditions may be agreed.

The conditions agreed in the respective offer or order confirmation are decisive.

(11) A rebooking, in particular a change of the service date, the service time, the pick-up or destination location, the scope of services, the booking class/vehicle category or the number of vehicles required, requires the consent of T&M.

There is no entitlement to a rebooking. T&M may in particular make a rebooking conditional upon the availability of the required capacities as well as upon the assumption of any additional costs arising as a result.

(12) If, by its nature or scope, the requested change is economically equivalent to a cancellation and new booking, or if the originally reserved resources cannot be used otherwise as a result of the change, T&M is entitled to invoice the original booking in accordance with the above cancellation conditions and to create a new booking for the changed service.

The Client is informed of this in the course of processing the rebooking.

(13) Cancellations must be declared to T&M in text form, in particular by e-mail. The time of receipt of the cancellation by T&M is decisive for calculating the cancellation period.

A cancellation received outside business hours may be processed on the following business day; the time of its receipt remains unaffected by this.

(14) The provisions of § 15 apply in addition to services not taken up, late arrival and the non-appearance of a passenger.

§ 8 Conduct of passengers, use of the vehicles and exclusion from carriage

(1) Throughout the service, passengers must conduct themselves in such a way that the safety and order of the operation, the vehicle, the driving personnel, other passengers and other persons are not impaired.

Statutory safety regulations, in particular the applicable obligation to wear seat belts, must be observed. The safety-related and operational instructions of the driving personnel must be followed.

(2) Passengers are in particular prohibited from distracting or obstructing the driver during the journey in a manner impairing the safe operation of the vehicle, from operating vehicle doors or safety devices improperly or contrary to safety requirements, from allowing objects to protrude from the vehicle or throwing them out, and from otherwise interfering with the safe operation or running of the vehicle.

(3) Smoking as well as the use of e-cigarettes, vapes, tobacco heaters and comparable smoking or vaping products is prohibited in all vehicles used by T&M. This applies accordingly to the smoking or vaping of cannabis and comparable substances.

The consumption of food and of alcoholic beverages is permitted only with the consent of the driving personnel. Consent given may be revoked for the remainder of the journey for reasons of safety or cleanliness.

(4) The carriage of dangerous substances or objects, in particular explosive, highly flammable, radioactive, corrosive or otherwise safety-endangering substances, is prohibited.

Weapons, ammunition or comparable objects may only be carried if their carriage is legally permissible and has been expressly agreed with T&M in advance. Mandatory statutory carriage rights remain unaffected.

(5) T&M or the driving personnel deployed is entitled to refuse the carriage of a passenger or to interrupt or terminate carriage already begun if, on the basis of specific facts, it must be assumed that the passenger

a) endangers the safety or order of the carriage,

b) threatens, seriously harasses or attacks the driving personnel or other persons,

c) violates essential safety instructions despite being requested to comply,

d) on account of their condition gives reason to expect significant endangerment, damage or extraordinary soiling of the vehicle,

e) carries prohibited or dangerous objects or substances, or

f) otherwise seriously violates statutory provisions or the duties of conduct set out in this § 8.

Insofar as the circumstances and safety permit, the passenger must be given the opportunity to cease their conduct in breach of contract before being excluded. In the case of immediate or serious danger, a prior request is not required.

(6) If carriage is justifiably refused or terminated under paragraph 5 for a reason culpably caused by the Client or passenger, the service no longer used is treated, with regard to remuneration, in principle as a cancellation or non-use on the day of the service.

Services already provided as well as additional necessary costs incurred may be charged separately to the extent that they are not already covered by the remuneration. The Client retains the options of proof provided for in § 7.

(7) Customary soiling arising from proper use is covered by the agreed remuneration.

If the Client or a passenger culpably causes extraordinary soiling going beyond this, the additional cleaning costs necessary and reasonable as a result may be asserted in accordance with § 9. This applies in particular in the case of significant beverage or food soiling, vomit, urine, blood, smoke, nicotine or cannabis residues as well as comparable significant odour or hygiene impairments.

If the cleaning is carried out by an external service provider, the necessary costs actually incurred may be asserted. If the cleaning is carried out by T&M itself, the demonstrably necessary and reasonable internal personnel and material expenditure may be asserted.

Further demonstrably incurred damage, in particular necessary odour or hygiene treatments or demonstrably incurred damage due to a vehicle being out of service as a result of the soiling, remains unaffected in accordance with the statutory provisions. The same item of damage is not charged twice.

(8) Children must be carried in compliance with the statutory provisions applicable at the place of carriage and with the necessary suitable restraint systems.

The Client must inform T&M in good time of the need for a child restraint system. If legally required safe carriage cannot be carried out due to missing or unsuitable restraint systems, T&M is entitled to refuse carriage.

(9) The carriage of unaccompanied minors requires prior coordination with and consent by T&M.

For this purpose T&M is entitled to request in particular information on the age of the minor, contact details of a person with parental authority, information on the collection and hand-over as well as consent of the person with parental authority in text form.

(10) Within the scope of the carriage, T&M assumes the statutory and contractual duties of protection, care and safety.

Supervision or care of a minor going beyond this is owed only if this has been expressly agreed.

(11) The carriage of animals generally requires prior coordination with T&M. Animals must be accommodated and supervised in such a way that the safety, order and cleanliness of the vehicle are not impaired; they may not be accommodated on seats. Other mandatory statutory carriage rights remain unaffected.

(12) By way of derogation from paragraph 11, recognised assistance dogs are always carried without prior consent by T&M. The carriage of an assistance dog is free of charge; no animal surcharge, separate cleaning fee or use of a transport box is required for this. There is no restriction to the footwell where the compensation required on account of the disability calls for something else.

T&M may require that the assistance dog be identified as such in accordance with the statutory requirements and that the liability insurance provided for by law exists for it. If a specific health-related reason on the part of the intended driving personnel precludes carriage, T&M will primarily deploy other suitable driving personnel.

§ 9 Liability of the Client and the passengers

(1) The Client is liable in accordance with the statutory provisions for damage and additional expenses caused by a culpable breach of their contractual obligations.

(2) The Client is liable for damage caused by a passenger registered by the Client or travelling with the Client to the extent that the passenger’s conduct is attributable to the Client under the statutory provisions or the damage is based on the Client’s own culpable breach of duty.

The direct statutory liability of the passenger causing the damage remains unaffected.

(3) The Client is obliged to inform the passengers registered by them of the conduct and safety provisions of these Terms that are essential for performing the carriage, in particular the provisions of § 8, to the extent that this is necessary in the circumstances and reasonable for the Client.

(4) Within the scope of the statutory requirements, compensation may be claimed in particular for the repair, cleaning, expert, towing, transport and other necessary costs required for restoration as well as for any diminution in value actually incurred as a result of the damage.

(5) Where a vehicle cannot be used, or can only be used to a limited extent, for the performance of further services as a result of damage for which the Client is responsible, T&M may also assert, in accordance with the statutory provisions, the necessary replacement vehicle costs actually incurred as a result as well as demonstrably incurred loss of earnings or lost profit.

(6) The above provisions apply accordingly to damage to vehicles, equipment or other property of partner or subcontracted companies which T&M uses to provide the agreed service.

T&M may pass on to the Client justified and demonstrably incurred third-party claims to the extent that the Client is responsible for them under the above provisions and T&M remains obliged to make payment to the third party.

(7) Extraordinary soiling and the resulting cleaning costs are additionally governed by § 8 of these Terms. The same item of damage is not charged twice.

(8) Damage or extraordinary soiling must be reported to T&M or the driving personnel without undue delay as soon as the Client or passenger becomes aware of it.

The Client and the passengers must cooperate to a reasonable extent in establishing and documenting the course of events. Statutory rules on the burden of proof remain unaffected.

(9) T&M must allow expenses saved, compensation payments and other benefits to be set off to the extent required by the statutory provisions.

§ 10 Data protection and confidentiality

(1) T&M processes personal data in connection with the initiation, performance and settlement of the agreed services in accordance with the applicable data protection provisions.

Details of the processing of personal data, in particular on processing purposes, legal bases, recipients, storage periods and the rights of data subjects, can be found in the applicable data protection information of T&M.

(2) Where this is necessary for the planning, organisation or performance of the agreed service, the booking, contact, travel and other service data required for this purpose may be transmitted to the partner and subcontracted companies deployed as well as to other service providers involved in providing the service.

In the case of international services, this may also concern recipients outside the European Union or the European Economic Area. Processing and transmission take place in accordance with the applicable data protection provisions.

(3) The above provisions do not constitute consent under data protection law. Where consent is legally required for a particular data processing operation, it is obtained separately.

(4) Where personal data are transmitted to recipients in countries outside the European Union or the European Economic Area, this takes place exclusively in compliance with the applicable requirements for international data transfers. Further information on categories of recipients and transfer mechanisms can be found in the data protection information of T&M.

(5) T&M treats as confidential all non-public information of the Client and the passengers which becomes known in connection with the performance of the contract and which is designated as confidential or is recognisably confidential in the circumstances, in particular identities, travel movements, appointments and business matters, and uses such information exclusively for the performance and settlement of the contract, unless there is a statutory obligation or entitlement to disclose it.

T&M obliges its own employees as well as the partner and subcontracted companies deployed, insofar as they require access to such information, to maintain confidentiality in an appropriate manner. No image or sound recording takes place in the passenger compartment by T&M or by companies deployed by T&M. Statutory data protection obligations remain unaffected.

§ 11 Creditworthiness and securities

(1) T&M is entitled, before accepting an order as well as during an existing business relationship where there is legitimate cause, to check the Client’s creditworthiness to the extent permitted by law.

Legitimate cause may exist in particular in the case of a first-time business relationship, payment by invoice, an increased order or receivables volume, extensive advance services or third-party costs, the agreement or extension of a payment term, existing payment arrears or other specific indications of an increased risk of payment default.

(2) For this purpose T&M may, to the extent permitted by law, take into account its own payment experience as well as information from recognised credit agencies, company information services and publicly accessible registers.

Where personal data are processed in this context, this takes place in accordance with the applicable data protection provisions. Further information can be found in the data protection information of T&M.

(3) Irrespective of a credit check, the requirements set out in § 5 regarding means of payment, advance payments, credit card authorisations and securities apply.

If a credit check additionally reveals an increased risk of payment default or if there are other objective reasons for further securing the claim for remuneration, T&M may make the acceptance of further orders or their performance conditional upon additional or increased advance payments or securities, to the extent permitted by law and by contract.

(4) Where decisions concerning natural persons are based on credit information or scoring values, T&M observes the statutory requirements for scoring and automated decision-making.

A decision based solely on automated processing with legal or similarly significant effect is taken only where the statutory requirements for this are met.

§ 12 Set-off and rights of retention

(1) The Client is entitled to set off against claims of T&M only if the Client’s counterclaim is undisputed, has been acknowledged by T&M or has been established with legal effect. Mandatory statutory set-off rights remain unaffected.

(2) The Client may assert a right of retention only to the extent that their counterclaim is based on the same contractual relationship. Mandatory statutory rights to refuse performance and rights of retention remain unaffected.

§ 13 Booking class/vehicle category, vehicle model and replacement vehicles

(1) The booking class/vehicle category is the vehicle group designated in the offer or in the order or booking confirmation, for example “Business Class”. Unless expressly agreed otherwise in the offer or in the order or booking confirmation, the Client’s entitlement relates to the agreed booking class/vehicle category and not to a particular make, vehicle model or individual vehicle.

Illustrations, model designations and vehicle examples generally serve to illustrate the respective booking class/vehicle category.

An entitlement to a particular vehicle colour, a particular registration number, year of manufacture, a particular model variant or individual equipment features exists only if the feature concerned has been expressly confirmed as a binding part of the agreed service.

(2) T&M is entitled to deploy a different make or vehicle model within the agreed booking class/vehicle category. This does not constitute a deviation from the agreed service and does not give rise to any claim by the Client to a reduction, refund or other compensation.

(3) T&M may deploy a vehicle of a higher booking class/vehicle category at no additional charge, provided that it is suitable for the agreed purpose of carriage and the change is reasonable for the Client taking the circumstances into account.

(4) A guarantee for a particular make, model, individual vehicle or special equipment feature exists only if T&M has expressly designated this as binding or guaranteed in the offer or in the order or booking confirmation.

The mere naming or illustration of a vehicle model as well as formulations such as “e.g.”, “or comparable” or “vehicles of this class” do not give rise to such a guarantee.

(5) If the agreed booking class/vehicle category is unavailable at short notice due to a technical defect, an accident, damage, a safety- or registration-related vehicle failure, an unforeseeable significant delay of the intended vehicle, a short-notice failure of an intended partner vehicle, force majeure or a comparable circumstance that was unforeseeable at the time of conclusion of the contract and unavoidable by reasonable measures, T&M will first endeavour to provide an equivalent or higher-value replacement vehicle.

If such a vehicle is not available in good time despite reasonable efforts, T&M is entitled, in order to avoid a complete failure of the service, to offer and deploy a vehicle of a lower booking class/vehicle category as a replacement, provided that it is functionally suitable for the agreed purpose of carriage and reasonable for the Client taking their legitimate interests into account.

(6) The necessary passenger capacity and safe carriage must also be ensured in the case of a replacement vehicle.

Requirements expressly agreed as essential, in particular required accessibility, special carriage capacities or other characteristics indispensable for the purpose of the contract, must be taken into account when assessing reasonableness.

(7) If a vehicle of a lower category is deployed or if a special vehicle characteristic expressly agreed as binding cannot be provided, the agreed remuneration is reduced appropriately in line with the reduced value of the service compared with the agreed service.

T&M will inform the Client of a material vehicle deviation as soon as it becomes known and informing the Client is still possible and reasonable in the circumstances.

(8) If the replacement vehicle offered is objectively unsuitable on account of the expressly agreed purpose of the contract or is unreasonable for the Client for other significant reasons, the Client’s statutory rights remain unaffected.

Further claims for damages are governed by § 6 of these Terms.

§ 14 Permits, driving personnel and partner companies

(1) Where a carriage service owed by T&M is subject in Germany to the provisions of the German Passenger Transport Act or to other provisions of permit, driving licence, operating or insurance law, it is performed in compliance with the applicable statutory requirements.

The companies deployed must hold the permits or other authorisations required for the respective type of transport and carriage; the vehicles and driving personnel deployed must meet the statutory requirements applicable to their respective use.

(2) In the case of cross-border services or services provided entirely abroad, the statutory and regulatory requirements applicable at the respective place of performance or to the carriage concerned apply to the actual performance of the carriage.

T&M deploys its own resources or partner or subcontracted companies for this purpose, which must be authorised to provide the respective service under the provisions applicable to their activity.

(3) T&M is entitled, to the extent permitted by law, to provide the agreed service in whole or in part itself or to have it provided by suitable partner and subcontracted companies in Germany or abroad.

Separate consent of the Client to the use or change of a partner or subcontracted company is not required unless personal performance by T&M or by a particular company has been expressly agreed as a binding part of the contract.

(4) The use of a partner or subcontracted company does not affect the position of T&M as the Client’s contractual partner.

T&M remains responsible for the proper provision of the service contractually owed by T&M in accordance with these Terms. The cases of a pure intermediary service expressly designated as such under § 1 remain unaffected.

(5) An entitlement to the deployment of a particular chauffeur, driving personnel or partner company exists only if their personal or specific deployment has been expressly confirmed as a binding part of the agreed service.

Information about an intended chauffeur or performing partner otherwise serves organisational information purposes and may be changed for operational reasons.

(6) T&M is entitled to replace an intended partner, subcontractor or chauffeur, in particular in the event of changes in availability, illness, vehicle failure, exceedance of statutory working, driving or rest periods, operational disruptions or for other objective reasons, provided that the agreed service can thereby still be provided in accordance with the contract overall.

§ 15 Delays of the passenger, waiting times and no-show

(1) The pick-up or service time or the service period specified in the offer, in the service description or in the order or booking confirmation is decisive for the start of the agreed service.

(2) The Client books a reserved chauffeur service from T&M. The subject matter of the service is the exclusive provision of a vehicle and the driving personnel for the agreed period. The provision period therefore begins at the agreed pick-up or service time and runs from that point in time, irrespective of whether the passenger actually makes use of the service at that time.

This also applies in the event of a delay of a flight, train, ship or other means of transport. The reason for this is that the vehicle and driving personnel are reserved exclusively for the Client for the agreed period and are not available for other orders; the reserved time is incurred by T&M irrespective of whether it is actually used.

(3) The extent of the free waiting time included in the agreed price as well as the tariff for waiting time beyond this are set out in the respective offer or in the order or booking confirmation; they depend on the booking class/vehicle category booked.

If the offer contains no information in this respect, 15 minutes are free of charge in the case of a pick-up at an address and 45 minutes in the case of a pick-up at an airport, railway station or port, calculated from the agreed pick-up or service time. Waiting time beyond this is charged as follows: for limousines 71.40 EUR and for vans 65.45 EUR per commenced half hour; for sprinters with up to nine seats including the driver 136.85 EUR per commenced hour; for vehicles with more than nine seats including the driver — buses including correspondingly converted sprinter buses — 178.50 EUR per commenced hour. The amounts include the applicable statutory value added tax.

(4) If the passenger does not appear on time for the agreed start of the service, T&M will endeavour, within the scope of its operational possibilities, to perform the service nevertheless and to allow a reasonable additional waiting time.

However, this does not give rise to any entitlement to an extension of the waiting time or to a postponement of the agreed service.

Whether and for how long it is possible to wait depends in particular on the type of service booked, the further deployment planning for the vehicle and driving personnel, follow-up orders already confirmed, the availability of replacement capacities as well as the statutory working, driving and rest periods to be observed.

(5) T&M is not obliged to impair confirmed follow-up orders, to provide additional vehicles or additional driving personnel, or to exceed statutory working, driving or rest periods in order to enable the Client or passenger to make use of the service late.

(6) Where a correct connection number has been provided to T&M for an airport, rail, ship or comparable pick-up, T&M may take publicly or otherwise available arrival information into account in order to adjust its deployment planning.

Such monitoring serves to ensure that the service runs as smoothly as possible and, unless expressly agreed otherwise, does not constitute a guarantee that the originally agreed pick-up time can be adjusted without limit to the actual arrival in the event of any delay.

Where an adjustment of the pick-up time to the actual arrival has been expressly agreed for a particular service, this applies to the extent agreed and under the conditions communicated for this purpose.

(7) In the event of a delay of the flight, train, ship or other means of transport, T&M will endeavour, within the scope of its operational possibilities, to adjust the pick-up accordingly.

In the case of significant time deviations, however, there is no entitlement to have the originally intended vehicle, driving personnel or partner company kept available until the actual arrival.

T&M is entitled to reschedule the service and to deploy another suitable vehicle, driving personnel or partner company.

(8) If performance at the delayed time is no longer possible despite reasonable dispatching measures, this does not constitute a disruption of performance for which T&M is responsible, provided that T&M could have properly provided the service originally owed under the agreed scope of services and that later performance is no longer possible solely on account of the significantly delayed use of the service.

(9) If the service can no longer be performed on account of the passenger’s late appearance or late arrival because T&M or the vehicle or driving personnel deployed is no longer available for operationally necessary reasons, the claim for remuneration and compensation for loss in respect of the service not used is governed by the provisions on cancellation or non-use on the day of the service.

In particular, the Client retains the right, provided for in § 7, to prove that T&M suffered no loss or a substantially lower loss.

(10) If T&M waits beyond a waiting time included in the agreed price, the additional waiting time may be charged at the tariff agreed for the service concerned.

In the case of hourly and time-based bookings, the agreed booking period generally continues to run from the confirmed start of the service, unless T&M expressly confirms a postponement of the start of the service.

(11) A no-show exists in particular where the passenger does not make use of the agreed service in good time and T&M can no longer perform the service after expiry of an expressly agreed waiting time or after exhausting the waiting time operationally possible in the specific case.

It is not necessary for classification as a no-show that the passenger is unreachable by telephone or otherwise. In particular, being reachable does not give rise to any entitlement to have T&M keep the vehicle or driving personnel available without limit.

(12) The Client and passenger are obliged to inform T&M without undue delay of any significant delays known to them.

Notification of a delay alone does not constitute a rebooking accepted by T&M or a binding postponement of the start of the service. A corresponding change becomes binding only once it has been confirmed by T&M.

(13) If the passenger cannot find the vehicle or chauffeur deployed at the agreed pick-up location, the passenger must contact T&M or the contact point communicated to them without undue delay and give T&M a reasonable opportunity to clarify the situation.

If the passenger leaves the pick-up location or independently arranges alternative transport without prior contact, although T&M provides the service in accordance with the contract or can arrange it at short notice, this does not without more give rise to a claim for reimbursement or damages.

§ 16 Impediments to performance within the Client’s sphere

(1) If T&M is willing and able to provide the agreed service but the service cannot be performed, cannot be performed in full or cannot be performed as agreed on account of a circumstance within the sphere of the Client or passenger, the following provisions apply.

(2) Such a circumstance may exist in particular where

a) information required for the carriage was provided incorrectly, incompletely or not in good time by the Client or passenger,

b) required personal travel, entry, residence or other documents of the passenger are missing,

c) access, an access authorisation, accreditation, permit or other prerequisite for providing the service which is to be obtained or organised by the Client is not available,

d) the actual quantity of passengers, luggage or special luggage exceeds the agreed or safely transportable capacity,

e) a required safety or restraint system is missing and was not provided due to missing or incorrect information,

f) the Client or passenger requests performance which would violate statutory provisions, official requirements or safety requirements, or

g) any other necessary cooperation of the Client or passenger is not provided in good time.

(3) T&M will endeavour, to the extent reasonable taking its operational possibilities into account, to find an alternative way of performing the service.

However, this does not give rise to any entitlement to the provision of additional vehicles or additional driving personnel, to a significant postponement of the agreed service or to the impairment of follow-up orders already confirmed.

(4) If the impediment to performance cannot be removed in good time and the agreed service can therefore no longer be performed in whole or in part, T&M is entitled to refuse performance or to terminate a service already begun.

To the extent that the Client or passenger is responsible for the impediment to performance or the risk concerned is allocated to their sphere under these Terms, the provisions on cancellation or non-use on the day of the service apply accordingly in respect of the service no longer used.

The Client retains the right, provided for there, to prove that T&M suffered no loss or a substantially lower loss.

(5) Services already duly provided as well as necessary additional expenses arising from the impediment to performance may be charged additionally in accordance with the contractual and statutory provisions.

Expenses saved and other income are to be set off to the extent required by law. The same cost or remuneration item is not charged twice.

(6) The Client or passenger must inform T&M of any impediment to performance that becomes known without undue delay and must cooperate to a reasonable extent in removing it.

(7) This provision does not apply to the extent that T&M is responsible for the impediment to performance. Delays of air, rail, ship or comparable connections are governed in particular by § 15; cases of force majeure and exceptional external events by § 20.

§ 17 Applicable law, place of jurisdiction and final provisions

(1) The substantive law of the Federal Republic of Germany applies to all contractual and legal relationships between T&M and the Client.

Where, in the case of contracts with consumers, mandatory provisions of a law applicable under the statutory conflict-of-law rules irrespective of this choice of law cannot be effectively excluded, those provisions remain unaffected.

The same applies to other mandatory statutory provisions whose application cannot be excluded by a choice of law.

(2) If the Client is a merchant, a legal entity under public law or a special fund under public law, or if an agreement on jurisdiction is permissible on other statutory grounds, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship is Hamburg, unless a mandatory statutory jurisdiction provides otherwise.

Vis-à-vis consumers, the statutory places of jurisdiction apply.

(3) Should individual provisions of these Terms be or become wholly or partly invalid or not become part of the contract, the validity of the contract and of the remaining provisions remains unaffected.

The statutory provisions take the place of the invalid provision or of the provision not incorporated.

§ 18 Consumer dispute resolution

T&M is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 19 Group and third-party bookings

(1) The Client may book services for other persons as well as for groups of passengers. The Client remains the contractual partner of T&M in such cases unless expressly agreed otherwise.

(2) If the Client transmits personal data of passengers or other participants to T&M, the Client must ensure that they are entitled to transmit such data for the purposes of planning, organising, performing and settling the service commissioned.

Consent of the respective data subject is required only to the extent that the data processing concerned must actually be based on consent under the applicable data protection provisions.

(3) The Client must limit personal data of passengers and participants to the information required for performing the agreed service and must ensure that the information transmitted by them is, to the best of their knowledge, complete and correct at the time of transmission.

Changes must be communicated to T&M without undue delay.

(4) The Client should inform the passengers or participants registered by them in a suitable manner that their data will be transmitted to T&M for the purpose of performing and settling the services booked, and give them the opportunity to take note of the applicable data protection information of T&M.

The own statutory information obligations of T&M vis-à-vis data subjects remain unaffected.

(5) In the case of group and event bookings, T&M may require the Client to name one or more responsible contact persons who are authorised to coordinate organisational matters and to make declarations in connection with the performance of the services booked.

Individual passengers are not entitled, without corresponding authorisation, to materially change the contract on behalf of the Client or to order chargeable additional services at the Client’s expense.

(6) Instructions from a passenger which relate merely to the specific performance of their journey within the agreed scope of services may be taken into account by the driving personnel, provided that they are compatible with the existing booking, the operational possibilities and the statutory and safety requirements.

Material chargeable extensions of the agreed scope of services, in particular significant extensions, additional journey distances, further vehicles or other additional services, generally require confirmation by the Client or by a person named by the Client or recognisably authorised by them before they are carried out.

Vis-à-vis clients who are not consumers, the following applies by way of derogation: extensions up to an additional amount of 250.00 EUR including value added tax per order may also be ordered by the respective passenger, unless the Client has stipulated otherwise vis-à-vis T&M.

In the case of consumers, the above 250 EUR exception does not apply; chargeable extensions require the express confirmation of the Client.

Irrespective of this, the confirmation requirement does not apply to measures which are necessary to avert an immediate danger or to prevent significant damage.

(7) The provisions of these Terms applicable to minor passengers and to special carriage requirements apply in addition.

§ 20 Force majeure and exceptional external events

(1) Force majeure within the meaning of these Terms means exceptional external events or circumstances which lie outside the reasonable sphere of influence and responsibility of the affected contracting party and whose effects cannot be prevented or overcome even when exercising the care required and reasonable in the circumstances.

These may include in particular natural disasters, exceptional storm events, war or war-like events, terrorist attacks, significant civil unrest, official prohibitions or far-reaching official measures, border or territorial closures, exceptional strikes or industrial action outside the sphere of influence of T&M, large-scale failures of essential transport, energy, communication or other infrastructure as well as comparable exceptional events.

(2) Customary traffic disruptions, ordinary weather influences, customary seasonal traffic conditions as well as ordinary delays of air, rail, ship or other means of transport do not in themselves constitute force majeure within the meaning of this provision.

In particular, the provisions of §§ 6 and 15 apply to such cases.

(3) If the performance of an agreed service is temporarily impaired or prevented by force majeure, T&M is entitled and will endeavour, within the scope of what is reasonable, to enable the service nevertheless by suitable dispatching measures.

These may include in particular changes to the vehicle, driving personnel or partner company deployed, alternative routes, partial performance or — where this is sensible according to the nature and purpose of the agreed service and reasonable for the Client — a postponement in time.

The provisions on vehicle substitution and partner companies remain unaffected.

(4) T&M is not obliged to take measures to overcome an event of force majeure which would be legally impermissible, unjustifiable in terms of safety law, actually impossible or associated with grossly disproportionate effort taking the subject matter of the contract into account.

(5) If the agreed service becomes finally impossible due to force majeure, or if later performance no longer makes sense according to the recognisable purpose of the contract or is unreasonable for the Client, the performance obligations and claims for remuneration are determined by the statutory provisions.

To the extent that T&M is not required to provide the agreed service due to such an event and has not provided it, the corresponding claim for remuneration lapses in principle. Payments already made are refunded accordingly or set off against outstanding claims.

(6) If the agreed service is divisible and was partly duly provided before the occurrence of the event of force majeure or despite it, the remuneration for the part provided or still capable of being provided in accordance with the contract remains owed.

Only the portion of the remuneration attributable to a part of the service that can definitively no longer be provided is reduced accordingly.

(7) Third-party and external costs incurred separately on the Client’s order and distinguishable from the actual carriage service may also be borne by the Client in the event of force majeure, in accordance with the agreement reached, to the extent that T&M remains obliged to pay the respective third party despite the failure of the service and these costs cannot be avoided, cancelled or recovered.

Refunds, repayments or credits actually received by T&M are set off. Double charging does not take place.

(8) If an originally agreed service cannot be provided unchanged due to force majeure but T&M offers a substitute solution which is permissible under these Terms, in accordance with the contract and reasonable for the Client, the general provisions of these Terms apply to its acceptance or rejection.

(9) Claims for damages on account of the effects of force majeure exist only to the extent that T&M is responsible for the event giving rise to the damage or its effects under the statutory provisions. In all other respects the liability provisions of § 6 apply.

§ 21 Extraordinary termination of the contractual relationship

(1) The right of both contracting parties to extraordinary termination, withdrawal or other termination of a contractual relationship for good cause under the statutory provisions remains unaffected.

(2) Good cause may exist in particular where the other contracting party seriously or repeatedly breaches a material contractual obligation and the terminating party can no longer reasonably be expected to continue the contractual relationship, taking into account all the circumstances of the individual case and weighing the interests of both parties.

(3) Good cause for T&M may exist in particular where the Client

a) fails to make a material payment, agreed advance payment or required security despite it being due and despite the unsuccessful expiry of a reasonable period,

b) repeatedly or seriously breaches the safety, conduct or cooperation obligations set out in these Terms,

c) threatens, attacks or otherwise seriously endangers T&M, driving personnel, partner companies or other persons involved in providing the service,

d) intentionally makes materially false statements or withholds information whose knowledge is necessary for the safe or lawful performance of the service,

e) requests a service that is unlawful, contrary to safety requirements or unreasonable for T&M or the driving personnel deployed, or

f) otherwise commits a serious breach of duty on account of which T&M cannot reasonably be expected to continue the contractual relationship.

(4) If the good cause is based on a remediable breach of duty, extraordinary termination is generally permissible only after the unsuccessful expiry of a reasonable period for remedy or after an unsuccessful warning.

A prior period for remedy or warning is not required to the extent that it is dispensable under the statutory provisions, in particular in the case of a serious and definitive refusal to perform or where special circumstances justify immediate termination when weighing the interests of both parties.

(5) Where T&M justifiably terminates a service already begun on account of good cause or withdraws from a service not yet begun, the claims for remuneration, reimbursement of expenses and damages are determined by the statutory provisions and the relevant provisions of these Terms.

Services already duly provided remain subject to remuneration. Claims are not charged twice.

(6) The opening of, or an application for, insolvency proceedings concerning the assets of a contracting party does not in itself give rise to any automatic right of termination or withdrawal under these Terms going beyond the statutory provisions.

(7) Declarations of extraordinary termination of the contract should be made in text form for evidence purposes. Statutory rights and formal requirements remain unaffected.