The following general terms and conditions govern the contractual relationship between our customers (hereinafter referred to as customer) and adena GmbH, Nuremberg (hereinafter referred to as adena-mobil) and are accepted by you upon registration.
1.1 The contract is concluded by email, upon written, verbal, or telephone registration by the customer and subsequent written confirmation by adena-mobil. All agreements, ancillary agreements, and additional agreements must be made in writing.
1.2 The customer is bound to his/her registration for 10 days. Within this period, usually immediately after registration, adena-mobil will send confirmation. If there are less than three working days between registration and the start of transport, registration by phone is required due to the short notice.
1.3 If the confirmation deviates from the customer's registration, this confirmation shall contain a new contractual application to which adena-mobil is bound for 10 days. The customer can accept the offer within this period. The date of receipt of the declaration of acceptance by adena-mobil is decisive.
2.1 Payment shall be made in accordance with the method of payment chosen upon registration, but no later than the start of the first drive ordered. If no payment has been made before the start of the drive, adena-mobil may refuse carriage.
2.2 Changes to services after conclusion of the contract at the request of the customer will be invoiced additionally with a flat-rate processing fee of 15 EUR.
2.3 The customer is responsible for the payment of the carriage charge for his/her registered passengers, provided that he/she has accepted this obligation at the time of registration by means of a separate express declaration.
3.1 Through the contract, adena-mobil undertakes to carry out the agreed transport with the agreed vehicle or an equivalent replacement one. Equivalent replacement vehicles from other companies can also be used.
3.2 The price includes the following basic services: Carriage according to the type of transfer booked and the number of persons, as well as carriage of luggage (1 suitcase 20 kg + 1 piece of hand luggage per person). Not included are services resulting from requests for changes, extensions due to non-notified pick-up addresses, or the behaviour of the customer or his/her passengers. Pick-up is from a single address per booking. We charge a surcharge in accordance with adena-mobil's published rates for additional addresses within a booking made directly from or to the airport, for excess baggage exceeding the free baggage allowance, bulky items (skis, sports equipment, surfboards, etc.) and other services not included or agreed in the basic price. However, the precondition is the registration of these special services with adena-mobil prior to transportation. If this registration is omitted by the customer, the transport will always be carried out according to the agreed basic services. A change in performance is then not given.
3.3 adena-mobil is solely responsible for determining the customer's pick-up times. Decisive factors in determining this are the chosen mode of transport, travel time, road and weather conditions as well as the regulations of clinics, rehabilitation facilities, and charter and scheduled airlines. Deviating regulations must be agreed with adena-mobil and require written confirmation.
3.4 The customer is obliged to be ready at the agreed pick-up point at the specified pick-up time, otherwise the transport claim expires. If, after receipt of the order confirmation, changes are made to the admission times/discharge times, the flight times, the airline or the airport, the customer is obliged to inform adena-mobil of these in writing or by telephone, as otherwise the obligation to transport also expires. adena-mobil is not liable for damages caused by delay of the customer or incorrect information at conclusion of the contract as well as for delays due to traffic jams, extreme weather conditions, air traffic controller strikes and force majeure, unless they are based on intent or gross negligence on the part of adena-mobil.
3.5 Dangerous, perishable, flammable or explosive items are not transported. Animals are only admitted to the vehicle after express agreement with adena-mobil (only for exclusive transport). Furthermore, soiled objects, bulky, inadequately secured or poorly packed luggage etc. are only permitted in the vehicle if damage, soiling or hazards are excluded.
3.6 Furthermore, the liability of adena-mobil is regulated in Clause 7, insofar as claims of the customer from traffic safety obligations or the violation of duties of care come into consideration.
4.1 The customer and the persons registered with him/her must follow the necessary, objectively required instructions of the driver. This applies above all to safety and order-related instructions.
4.2 If serious disruptions which impair transport safety are not terminated at the request of adena-mobil or its personnel, adena-mobil may refuse further transport. The right to compensation remains unaffected, taking into account saved expenses. The right to compensation for further damages remains unaffected.
5.1. adena-mobil may withdraw from the contract in accordance with the statutory provisions. The customer may withdraw from the contract at any time, subject to the following flat-rate cancellation fees:
Cancellation within 36 hours before departure: Full fare
Earlier withdrawal: free of charge
The receipt of the declaration of withdrawal by adena-mobil is decisive for determining the time. The written form is recommended to the customer, telephone cancellations are not possible. Proof of lower cancellation damage is open to the customer.
6.1 adena-mobil and the customer may terminate the contract if there is an important reason for which they are not responsible and which makes the continuation of the transport unreasonable, in particular in cases of force majeure such as war, riots, epidemics, weather and road conditions which are considerably endangering, considerable violations of the customer and his/her accompanying persons pursuant to Clause 4.2 etc., or if the contract is terminated by the customer.
6.2 In such cases, adena-mobil shall take the necessary organisational measures during the transport period in agreement with the customer. adena-mobil receives payment for services rendered at its usual rates. Any additional costs incurred shall be borne by the customer.
7.1 adena-mobil is generally liable for damage to property within the scope of § 23 of the German Passenger Transport Act (exclusion of liability if the damage to property exceeds EUR 1000 and is not based on intent and gross negligence).
7.2 In all other respects, the contractual liability, irrespective of the legal basis, is limited to three times the transport price, unless there is intent or gross negligence or warranted characteristics are missing. This shall not affect claims arising from tortious acts in accordance with §§ 823 ff BGB (German Civil Code), the Liability Act and the Road Traffic Act.
7.3 Any further liability is excluded, whereby reference is made to Section 3 of this contract.
The contract shall be governed exclusively by German law.
The customer can only sue adena-mobil at its registered office.
The ineffectiveness of individual conditions does not in principle justify the ineffectiveness of the remaining conditions.