Terms and Conditions
The provider of Mosel on Wheels is the
Mosel on Wheels
Owner: Nicole Orio
Hollow Way 12
54492 Erden, Germany
Tel. +49 (0) 171 1240347
hereinafter referred to as "MoW".
Conclusion of contract
The following General Terms and Conditions apply exclusively to all deliveries and services provided by MoW.
These terms and conditions 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 terms and conditions are deemed accepted at the latest upon receipt of the goods or services.
MoW objects to the inclusion of any differing general terms and conditions of the customer. Contract offers from MoW are non-binding. MoW is bound by its contract offers for 30 days. Deviations from these terms and conditions, written contract offers from MoW, and other agreements with the customer are only valid if confirmed in writing by MoW.
MoW employees, except for owners (Nicole Orio) or partners (Michael Orio), have no authority to conclude contracts and are only authorized to receive written offers.
In particular, they are not authorized to make binding promises or assurances regarding the subject matter of the contract or delivery dates, and they are also not authorized to collect payments.
The order only becomes legally binding upon our written order confirmation.
Conditions of participation
To participate in the events or use a SEGWAY, certain requirements must be met:
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Minimum age 14 years
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Body weight minimum 45 kg and maximum 118 kg
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Pregnant women are advised against participating in the tour.
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The customer assures MoW that the necessary requirements for participation are met.
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Helmets are mandatory on our tours (we provide them free of charge, but you are welcome to bring your own).
No physical fitness is required; however, physical disabilities or cardiovascular problems are not permitted. Before using a Segway, the liability waiver must be signed and participation in the safety briefing is mandatory.
Event dates
All events begin at the meeting point and time specified in the order confirmation or invoice. MoW reserves the right to adjust, modify, offer an alternative, or cancel the event entirely in the event of imminent danger and/or force majeure.
Liability
MoW shall only be liable for claims for damages, regardless of the legal basis, in the full amount permitted by law in cases of intent or gross negligence on the part of its legal representatives or senior employees.
In the case of intent or gross negligence on the part of another vicarious agent, MoW is only liable for the typical foreseeable damage.
Liability for consequential damages, such as lost profits, lost savings or other indirect damages, as well as for recorded data, is excluded in all cases.
The foregoing limitation of liability also applies in favor of MoW's employees.
We exclude all liability for personal injury and/or property damage resulting from the use of a SEGWAY.
The use of rented equipment is entirely at the renter's own risk; the same applies to demo systems.
The tenant must handle the rented item carefully, responsibly and respectfully and may not make any changes to it.
If the rented model is damaged or stolen during the term of this contract, the renter shall in any case be liable to pay full replacement at the purchase price, regardless of fault.
General terms of payment
Services are provided to private individuals exclusively via prepayment.
The customer may only offset the delivery against payment claims from MoW or assert a right of retention if his counterclaim is undisputed or legally established.
The assertion of rights of retention that are not based on the same contractual relationship is excluded.
In case of late payment, the customer owes default interest at least at the legally prescribed rate of 8% above the base interest 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 becomes binding. In case of cancellation, the following cancellation fees will be charged:
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Cancellation up to 48 hours before the event: free of charge
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Cancellations made less than 48 hours before the event: 50% of the respective order/invoice amount.
Place of performance, jurisdiction and applicable law
The place of performance is the MoW business premises specified in the contract form.
The assignment of any claims of the customer against us to third parties requires our express written consent to be effective, unless it concerns a monetary claim.
The place of jurisdiction for all legal disputes in connection with this contract, including actions relating to documents, checks and bills of exchange, is the court responsible for our headquarters in Erden, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
Notwithstanding the foregoing, MoW is entitled to sue the customer at his general place of jurisdiction.
This contract is governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Confidentiality
MoW and the customer undertake not to disclose any known trade secrets of the other to third parties and to instruct their employees accordingly.
Data storage
See here
MoW reserves the right to amend or supplement these terms and conditions. The terms and conditions applicable to each transaction are those displayed on the website www.mosel-on-wheels.de at the time of booking.
Severability clause
Should one or more provisions of these terms and conditions violate mandatory law or be invalid for other reasons, the remaining provisions shall nevertheless be deemed agreed.
Instead of the ineffective provision(s), the contracting parties undertake to consider as effectively agreed that legally permissible provision which, according to its economic content, comes closest to the originally agreed provision.
Any side agreements, additions, or amendments to these terms and conditions are only valid if made in writing. This also applies to the requirement of written form itself.
As of January 2025