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Terms and Conditions

The provider of "Mosel on Wheels" is the

 

Moselle on Wheels
Owner: Nicole Orio.
sunken road 12
54492 Erden, Germany
Phone +49 (0) 6532 – 954 70 10

info@mosel-on-wheels.de
 

hereinafter referred to as "MoW".

 

conclusion of contract

The following general terms and conditions apply exclusively to all deliveries and services of MoW.

They also apply to all future business relationships between the customer and us, even if we do not expressly refer to them again when concluding the contract. These conditions are deemed to have been accepted at the latest when the goods or services are received.

MoW objects to the inclusion of deviating general terms and conditions of the customer.

Contract offers from MoW are non-binding. The MoW is bound to its contract offers for 30 days. Deviations from these contractual conditions, written contract offers from MoW and other agreements with the customer are only effective if they are confirmed in writing by MoW.

The employees of MoW, insofar as it is not the owner (Nicole Orio), have no authority to conclude contracts and are only authorized to accept written offers.

In particular, they are not authorized to make binding promises or assurances about the subject matter of the contract or delivery dates and are also not entitled to collect payments.

The conclusion of the order only becomes legally effective with our written order confirmation.

Conditions of Participation

 

To participate in the events or use a Segway, certain requirements must be met:

  •   Minimum age 14 years (according to eKFV from 16.06.2019)

  •   Under 18 years only when accompanied by a legal guardian

  •  Body weight at least 45 kg and at most 118 kg

  •   Pregnant women are not advised to take part in the tour.

 

The customer assures MoW that the requirements for participation have been met.

Helmets are compulsory on our tours (we provide them free of charge, but you are welcome to bring them with you)

No physical fitness is required, but there must be no physical disabilities or cardiovascular problems.

Before using a Segway PT, the liability waiver must be signed and participation in the safety briefing is mandatory.

These conditions can also be read at www.mosel-on-wheels.de under "Questions & Answers" .

 

event dates

 

All events begin at the meeting and time stated in the offer.

In the event of imminent danger and/or force majeure, MoW is entitled to adapt or change the event, to offer an alternative or to cancel it entirely.

Liability

For claims for damages, regardless of the legal basis, MoW is liable to the full statutory amount in the event of intent or gross negligence on the part of its legal representatives or executives.

In the event of intent or gross negligence on the part of another vicarious agent, MoW is only liable for typical, foreseeable damage.

Liability for consequential damage, such as lost profits, missed savings or other indirect damage as well as for recorded data, is excluded in all cases

The above limitation of liability also applies to MoW employees.

Any liability on our part for personal injury and/or damage to property that arises in the course of using a Segway PT is excluded.

The use of rented equipment is at the lessee's own risk, the same applies to demo systems.

The lessee must handle the rented item carefully, responsibly and with care and may not make any changes to it.

If the rented model is damaged or stolen during the term of this contract, the renter must in any case pay full compensation at the purchase price, regardless of fault.

 

General terms of payment

The delivery of services to private individuals takes place exclusively in advance, otherwise the terms of payment on the order confirmation/invoice apply.

The customer can only offset the delivery against payment claims by MoW or assert a right of retention if his counterclaim is undisputed or has been legally established.

The assertion of rights of retention that are not based on the same contractual relationship is excluded.

In the event of default of payment, the customer owes interest on arrears at least in the statutory amount of 8% above the base rate of the European Central Bank. MoW reserves the right to assert further rights.

 

Cancellation of a booking

Upon receipt of the  order confirmation or invoice, the booking is considered binding. In the event of a cancellation, the following cancellation fees will be charged: Cancellation from 24 hours before the event 50% of the respective order or invoice total.
 

Place of Performance, Jurisdiction and Applicable Law

The place of performance is the MoW premises specified in the contract form.

The assignment of all customer claims against us to third parties requires our express written consent in order to be effective, unless a monetary claim is involved.

The place of jurisdiction for all legal disputes in connection with this contract, including documents, check and bill of exchange processes, is the court responsible for our headquarters in Erden, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.

Irrespective of this, MoW is entitled to sue the customer at his general place of jurisdiction.

This contract is subject to German law to the exclusion of the International Sales Convention (CISG).

 

confidentiality

MoW and the customer undertake not to disclose business secrets of the other that have become known to third parties and to instruct their employees accordingly.

data storage

MoW is entitled to store data about the customer that it has received as a result of the business relationship and to use it for business purposes within the meaning of the Federal Data Protection Act.

MoW reserves the right to change or supplement the General Terms and Conditions. The terms and conditions that are specified on the internet portal at www.mosel-on-wheels.de at the time of booking apply to the respective business transaction.

 

Severability Clause

 

Should one or more provisions of these General Terms and Conditions violate mandatory law or be ineffective for other reasons, the remaining provisions shall nevertheless be deemed to have been agreed.

In place of the ineffective provision(s), the contracting parties undertake to consider that legally permissible provision as agreed that comes closest to the originally agreed provision in terms of its economic content.

Subsidiary agreements, supplements or changes to these conditions are only valid in writing. This also applies to the written form requirement.



Status 01/2021

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