top of page

Terms and conditions

General Terms and Conditions (GTC) for Shuttle Service Operations of MWM Solutions GmbH

(last updated: September 11, 2024)

§ 1 Scope of application

  1. § 1 Scope of Application

  2. MWM Solutions GmbH, hereinafter referred to as the Contractor, provides all services exclusively on the basis of the following General Terms and Conditions (GTC). These GTC apply to all current and future contracts and offers, even if they are not expressly agreed upon. At the latest upon making use of the services of MWM Solutions GmbH, these GTC shall be deemed binding and accepted.

  3. Any deviating, conflicting, or supplementary general terms and conditions of the customer or other third parties are hereby expressly rejected, unless a written agreement between the contracting parties exists regarding the respective deviation.

  4. Individual agreements concluded with the client on a case-by-case basis shall in all cases take precedence over these GTC. The content of such agreements requires a written contract or our written confirmation.

  5. Any declarations made by the client to MWM Solutions GmbH after the conclusion of the contract must always be in written form to be effective.

  6. Unless otherwise agreed between the Contractor and the client or third parties, the statutory provisions shall apply. References to statutory provisions are made for clarification purposes only. Even without such clarification, the statutory provisions shall apply insofar as they are not directly amended or expressly excluded by these GTC.

§ 2 Offer and Conclusion of Contract

  1. § 2 Offer and Conclusion of Contract

  2. Unless expressly agreed otherwise in writing, all offers made by MWM Solutions GmbH are non-binding and subject to change.

  3. Acceptance of the contractual offer shall take place either in text form or through the provision of the service to the client.

  4. The client warrants toward the contractor that all information required for the execution of the service is complete and accurate.

  5. Employees of MWM Solutions GmbH, subcontractors, or other third parties are not authorized to make verbal side agreements or give verbal assurances that go beyond the content of the written contract.

  6. The client is obliged to pay the agreed fare upon due date.

§ 3 Subject Matter of the Contract

MWM Solutions GmbH provides transportation services within the scope of passenger transport by hire vehicles, including the transport of persons, animals, goods, and documents. MWM Solutions GmbH may arrange passenger transport services through qualified and carefully selected third parties (cooperation partners) if it is unable to carry out the trip itself. There is no obligation to provide transportation.

§ 4 Exclusion from Transportation / Prohibited Use

  1. Persons or goods that pose a risk to safety and public order are excluded from transportation. A passenger who has already boarded may also be excluded from further transport if they represent a danger to the safety and order of the transport operation.

  2. Transportation is generally excluded for hazardous substances and objects, in particular explosive, highly flammable, radioactive, foul-smelling, or corrosive materials. Unpackaged or unprotected goods are also excluded if they could cause injury to passengers.

  3. The transportation of animals is permitted only by prior arrangement. The driver may refuse to transport an animal if the customer does not provide a suitable transport crate or if the safety of the driver or passengers is compromised. Animals may never be placed on seats. If transport of the animal is not possible for the reasons stated above, the contractor is entitled to retain or charge the full fare.

  4. The driver may refuse to transport luggage if it restricts safe transport or exceeds the vehicle’s capacity limits.

  5. Throughout the entire journey, all passengers must comply with the provisions of the German Road Traffic Regulations (StVO). The driver’s instructions must always be followed. Passengers who, despite warning, fail to comply with the driver’s justified instructions may be excluded from transport—particularly if they pose a risk to the safety and order of operations, to the driver, or to themselves. In such cases, the trip may be terminated without further notice, and the entitlement to remuneration remains in full.

  6. Smoking and the consumption of food are prohibited in the passenger compartment of the vehicles. In the event of excessive soiling or damage to the vehicle, the customer is obliged to bear the costs of cleaning and/or repair.

  7. The transportation of children must always be stated at the time of vehicle booking, including the number of children, their age, height, and weight, in order to ensure that the legally required child seats can be provided. If the customer fails to provide this information, the driver may refuse the trip, and the contractor is entitled to retain or charge the full fare.

§ 5 Customer’s Obligation to Cooperate

If required for the performance of the service, the customer or the beneficiary/third party shall cooperate in a timely manner and accept the service at the agreed place and time. If this does not occur, or occurs late or contrary to the agreement, any additional effort incurred shall be charged in accordance with the current price list.

§ 6 Withdrawal from the Contract

MWM Solutions GmbH is entitled to withdraw from the contract at any time if the provision of the service becomes impossible.
Reasons for this may include force majeure or other events that were unforeseeable at the time the contract was concluded (e.g. strikes, labor shortages, shortages of energy or raw materials, operational disruptions of any kind, or transport delays). The contractor will inform the customer of such circumstances immediately upon becoming aware of them.

MWM Solutions GmbH is also entitled to withdraw from the contract if the client breaches their contractual obligations. Any claims arising from services not rendered in accordance with the contract by MWM Solutions GmbH must be submitted in writing within three working days after completion of the assignment.

§ 7 Cancellation Fees

  • ancellations or terminations are only valid if made in writing.

    Verbal cancellations become effective only once confirmed by the contractor. In the event of cancellation by the client, any costs already incurred may be invoiced. This also applies if the client fails to commence the journey in accordance with the contract, even if the client is not at fault.

  • Cancellation fees for standard transfer services:

  • Cancellations up to 48 hours before the start of the assignment: free of charge

  • Less than 48 hours before start: 50% of the order value

  • Less than 12 hours before start: 100% of the order value

  • Cancellation terms for events and functions

  • (applicable when more than three vehicles/chauffeurs are deployed):

  • More than 14 days before event start: 10% of the order value

  • 7 days before event start: 50% of the order value

  • Less than 7 days before event start: 100% of the order value

  • Individual agreements are possible and must be documented in writing.

  • Cancellation terms for hourly bookings

  • (bookings exceeding 3 hours):

  • Cancellation up to 72 hours (3 days) before start: free of charge

  • Less than 72 to 24 hours before start: 50% of the order value

  • Less than 24 hours before start: 100% of the order value

  • If the chauffeur is already en route to the client or if the client fails to appear at the agreed pick-up location at the scheduled time (no-show), a cancellation fee of 100% applies.

  • Cancellation by MWM Solutions GmbH

  • MWM Solutions GmbH reserves the right to cancel an assignment for the following reasons:

  • Unavailability of the requested vehicle due to damage, repairs, or maintenance

  • Non-payment or insufficient payment by the client

  • Unforeseeable circumstances such as natural disasters or strikes

  • Provision of incorrect information by the client during booking

  • Inappropriate or disrespectful behavior by the client toward the driver or the company

§ 8 Rebookings

Rebookings are generally treated as new bookings.
The cancellation conditions (§ 7) continue to apply to the originally agreed service. MWM Solutions GmbH is entitled to claim remuneration for the originally agreed service, unless otherwise expressly agreed.

§ 9 Right of withdrawal

You may withdraw from the contract concluded with us within two weeks without giving any reasons, in text form (by letter or email).
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement. Timely dispatch of the notice of withdrawal is sufficient to meet the withdrawal deadline.

For short-notice bookings (less than 14 days before the start of the assignment), the right of withdrawal does not apply.

If you withdraw from the contract within the prescribed period, we shall refund all payments received from you without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal.

Please address your notice of withdrawal to the contact details provided in the Imprint.

§ 10 Waiting Time

Waiting times of up to 30 minutes are included in the invoice price for standard transfers.
Any waiting time exceeding this will be charged in accordance with the current price list. If the client does not appear at the agreed location after 30 minutes without having communicated this to the contractor, the driver is entitled to leave the pickup location without further notice.

If the waiting time is exceeded to such an extent that a subsequent assignment cannot be carried out on time, the contractor may cancel the assignment and claim the full agreed invoice amount.

Flight delays must be communicated to the contractor immediately upon becoming known. If the client fails to inform MWM Solutions GmbH of a flight delay known to them, the contractor reserves the right to charge any parking fees incurred as a result of the additional waiting time.

§ 11 Prices and Payment Terms

  1. Unless otherwise agreed, the prices of MWM Solutions GmbH apply in accordance with the current price list (which can be requested at any time by email), plus statutory value-added tax (VAT).

  2. The invoice amount is due for payment after the service has been rendered, at the latest upon issuance of the invoice, without deduction, in accordance with the payment terms stated on the invoice.

  3. Invoices may be settled by bank transfer or by credit card in the vehicle.

  4. Payments by credit card are due immediately.

  5. Services not rendered may also be invoiced in accordance with the cancellation terms of MWM Solutions GmbH (§ 7) and are due for payment at the latest upon issuance of the invoice under the payment terms stated therein.

  6. For contracts with an invoice value exceeding EUR 3,000.00 net, MWM Solutions GmbH is entitled to require an advance payment of 50% of the invoice amount. The advance payment is due upon issuance of the invoice in accordance with the payment terms stated on the invoice.

  7. The contractor is also entitled to issue partial invoices for services already rendered, even if the overall service has not yet been fully completed.

  8. Upon expiry of the payment deadline stated on the invoice, the client shall be in default of payment. In the event of default, default interest shall be charged at 5% per annum above the applicable base interest rate. MWM Solutions GmbH reserves the right to engage a debt collection agency after the second reminder. Any costs incurred for commissioning a debt collection agency shall be charged to the client. An appropriate fee may also be charged for each reminder notice.

  9. For credit card charges that cannot be processed, MWM Solutions GmbH may charge the client the fees incurred as well as a reasonable handling fee.

§ 12 Liability of MWM-Solutions GmbH

  1. MWM Solutions GmbH shall be liable to the customer for damage to life, body, or health only in cases of intent or gross negligence, in accordance with statutory provisions. Any further liability is excluded.

  2. In the case of simple negligence, MWM Solutions GmbH shall only be liable if essential contractual obligations (cardinal obligations) have been breached during the performance of the contract. Cardinal obligations are those duties that are essential to achieving the purpose of the contract. Otherwise, liability for slight negligent breaches of other contractual obligations, as well as for lost profits, additional personnel expenses incurred by the customer, loss of use, and/or loss of revenue, is excluded.

  3. The above limitations of liability also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.

  4. MWM Solutions GmbH shall not be liable for the impossibility of performing the service. Impossibility of performance may arise, among other reasons, due to force majeure, strikes or lockouts, civil unrest, acts of war or terrorism, traffic accidents, road blockages, official measures, or other unforeseeable events.

  5. MWM Solutions GmbH may, in its own name, commission third-party service providers (cooperation partners) to perform and execute the service in whole or in part. In such cases, the responsibility of MWM Solutions GmbH is limited to the proper instruction of the selected third party. MWM Solutions GmbH assumes no liability for contractual breaches or the proper performance of services by third parties. When arranging services through cooperation partners or external companies, the customer and the executing company shall generally be the contractual parties. In such cases, MWM Solutions GmbH acts solely as an intermediary and shall not be liable.

§ 13 Performance of Services Using Provided Vehicles

If the customer provides their own vehicles to the contractor for the performance of the service, the customer or the vehicle owner is obliged to take out comprehensive (fully comprehensive/casco) and liability insurance for each vehicle, with a maximum deductible of EUR 1,000.00 per claim.

In addition, the vehicles must be approved for commercial passenger transportation (entry as hire vehicle or self-drive rental vehicle in the vehicle registration certificate, Part I).

In this case, the customer must provide all vehicle-related documents required by the licensing authority, including, but not limited to:

  • a vehicle lease agreement,

  • confirmation of the transport license (concession),

  • copies of the vehicle registration documents,

  • order confirmation, and

  • confirmation of valid motor vehicle liability insurance covering commercial passenger transport.

§ 14 Liability of the Customer

  1. The customer shall be liable, without limitation, for all damage culpably caused by them to the vehicle and for any damage caused to the driver personally.

  2. The customer shall also be personally and unlimitedly liable for any damage resulting from prohibited use of the vehicle.

  3. Furthermore, the customer shall be liable for transmission errors, misunderstandings, and inaccuracies arising in the course of communication, insofar as these are not attributable to fault on the part of the contractor.

§ 15 Claims for Damages

Any claims by the customer must be reported in writing without delay after completion of the transport.

§ 16 Right to Make Amendments

If, for internal operational reasons, the contractor is unable to provide the booked vehicle, the contractor reserves the right to supply an alternative vehicle.
If the replacement vehicle belongs to a lower price category, the invoice amount may be adjusted accordingly. The use of an alternative vehicle does not entitle the customer to terminate the contract.

§ 17 Data Storage

The customer agrees that MWM Solutions GmbH may store personal data for business purposes.
If a cooperation partner is engaged to provide the service, personal data will be passed on to this partner for the purpose of fulfilling the assignment. If you do not wish this to happen, please notify us briefly in writing.

§ 18 Photo and Video Recordings

The customer grants the contractor permission to use, without restriction, photo and video recordings taken at events and to publish them for the contractor’s own promotional purposes. Any objection by the customer must be submitted in written form.

§ 19 Place of jurisdiction

The place of jurisdiction for all disputes arising from the contract shall be Berlin, provided that the customer is a merchant, a legal entity under public law, or a special fund governed by public law.

§ 20 Text Form

All amendments, changes, and supplementary agreements require text form in order to be legally valid.

§ 21 Choice of Law

The contractual relationship between the contracting parties is governed by German law.

§ 22 Severability Clause

If individual provisions, including this provision, are or become wholly or partially invalid, or if these General Terms and Conditions contain a regulatory gap, the validity of the remaining provisions or parts thereof shall remain unaffected. In place of the invalid or missing provisions, the respective statutory provisions shall apply.

bottom of page