General Terms and Conditions VOHR Global Mobility
General Terms and Conditions of VOHR Global Mobility GmbH, business address Franz-Joseph-Str. 48, 80801 Munich, Germany, represented by the Managing Director Philipp Storz.
- Scope of application
- The following General Terms and Conditions (GTC) shall apply exclusively to all current and future legal relationships between VOHR Global Mobility GmbH and its customer. If the GTC conflict with the terms and conditions of the customer or other third parties entering into business relations with VOHR Global Mobility GmbH, these GTC shall take precedence, even if VOHR Global Mobility GmbH, being aware of conflicting/different GTC of the customer/third party, has not objected to them and provides the service without reservation.
- Express provisions in the individual orders shall take precedence over the provisions of these GTC insofar as they regulate contradictory provisions.
- Services of the VOHR Global Mobility GmbH
- VOHR Global Mobility GmbH arranges ride services & concierge services through worldwide partners.
- VOHR Global Mobility GmbH itself does not own or operate its own vehicles. All companies providing services on behalf of VOHR Global Mobility GmbH are licensed and insured in accordance with the legal requirements of the respective country.
- The individual contract specified by VOHR Global Mobility GmbH shall be used for the conclusion of the respective individual orders to be placed.
- The following services are expressly not provided:
- All companies operating on behalf of VOHR Global Mobility GmbH have been checked in advance to ensure that the respective companies are licensed and insured and that it complies with the respective country guidelines.
- VOHR Global Mobility GmbH may reject individual orders without giving reasons. VOHR Global Mobility GmbH must be notified of the rejection without delay.
- Within the framework of the processing of these individual orders, VOHR Global Mobility GmbH shall act either in its own name or as an open representative of the principals.
- Contract drafting
- A contract is concluded by the client placing an order in text form (§ 126b BGB, i.e. e.g. by letter, e-mail, WhatsApp or other permanently readable communication media) or the transmission of a guaranteed credit card number. VOHR Global Mobility GmbH usually confirms the placed order without delay, at the latest however within 48 hours. A contract shall also be concluded by VOHR Global Mobility GmbH actually providing the services ordered. The provisions in the preceding sentences shall also apply to additions or amendments to an order placed.
- With regard to transport, the contract is concluded as follows:
- The client shall first receive a non-binding, individual offer from VOHR Global Mobility GmbH for the requested services. This may be VOHR’s own offer or an offer made on behalf of an external service provider or the mediation of such an offer.
- With the subsequent sending of a corresponding offer, VOHR Global Mobility GmbH submits the binding application – in its own name or in the name of a third party – for the conclusion of a contract or forwards the offer of a third party service provider to submit such an offer.
- Invoicing and expiry date
- VOHR Global Mobility GmbH shall issue the customer with a proper invoice for the agreed remuneration after the performance of the service to be rendered.
- The invoice shall be issued immediately after fulfilment of the order. The invoice amount is due 14 days after receipt of the invoice. The amount is to be paid to the following account at Commerzbank:
VOHR Global Mobility GmbH
IBAN: DE17 7814 0000 0234 4232 00
- If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract. The agreed remuneration includes the statutory value added tax. As of a scope of services of EUR 50,000.00 of the commissioned services, the Client shall generally be obliged to pay in advance, unless the parties individually agree otherwise.
- From a scope of services of EUR 12,500.00, the Client shall be obliged to make a down payment of two thirds, unless the parties have individually agreed otherwise.
- The customer may cancel orders at any time or only make use of partial services of orders. In this case VOHR Global Mobility GmbH shall charge a flat-rate cancellation fee of: 10% of the agreed price up to 7 days before the start of the order, 20% of the agreed price up to 2 days before the start of the order, 50% of the agreed price up to 1 day before the start of the order, 80% of the agreed price on the day the order starts. The date of receipt of the cancellation by VOHR Global Mobility GmbH shall be decisive for the date of cancellation. Cancellations are generally accepted from Monday to Friday between 09:00 and 18:00. In the event of later receipt, the following working day shall be deemed the cancellation date.
- Diligence and safeguarding of interests: The clients undertake to safeguard the interests of VOHR Global Mobility GmbH and not to undertake anything that could be suitable to jeopardise the reputation, market position or creditworthiness of VOHR Global Mobility GmbH.
- VOHR Global Mobility GmbH does not assume any liability for the activities of the subcontractors commissioned. VOHR Global Mobility GmbH offers comprehensive transport solutions through a network of affiliated companies and partners. VOHR Global Mobility GmbH does not own or operate vehicles for the purpose of professional ground transportation. All companies providing services on behalf of VOHR are licensed and insured in accordance with the legal requirements of the country in which they operate.
- In no event shall VOHR Global Mobility GmbH or any of its subcontractors or affiliates be liable or responsible for any damages of any kind caused by any delay in performing or failure to perform, in whole or in part, any of its obligations in connection with the Services if such delay or failure is due in part to fire, earthquake, weather, traffic, road construction, strikes, government-imposed embargoes, floods, acts of God, acts of war or terrorism, governmental or sovereign acts, riots, delays of air or ground carriers, or other circumstances beyond the control of VOHR, its subcontractors or affiliates.
- Revocation policy
- When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which VOHR Global Mobility GmbH informs them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph 12.2. Paragraph 12.3. contains a model withdrawal form.
- Right of cancellation
- You have the right to withdraw from this contract within fourteen days without giving any reason.
- The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods and/or the services have been received.
- In order to exercise your right of withdrawal, you must inform VOHR Global Mobility GmbH of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory.
- In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
- Folgen des Widerrufs
- If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
- We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
- You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
- You shall bear the direct costs of returning the goods.
- You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
- Das Widerrufsrecht gilt nicht für:
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
- Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
- Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
- Contracts for the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract but which can be supplied at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence.
VOHR Global Mobility GmbH informs about the model withdrawal form according to the legal regulation as follows:
Model cancellation form
(If you wish to revoke the contract, please complete and return this form).
- To: VOHR Global Mobility GmbH, Franz-Joseph-Str. 48, 80801 Munich, Germany; by e-mail to: [email protected]
- I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*) Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete as applicable
- With the following exception, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
- The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More detailed information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
- The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Storz Service Group, provided that the customer is a merchant or a legal entity under public law. The same shall apply if a contracting party has no general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is not known at the time the action is brought.
- In the event of any discrepancies between the German version and the English version, the German version shall prevail.
- Should current or future provisions of these GTC be wholly or partially invalid or unenforceable or subsequently lose their validity or enforceability, this shall not affect the validity of the remaining GTC.