General Terms & Conditions of OMT Global Ltd

General Terms & Conditions of OMT Global Ltd

1. General Information
1.1. These General Terms & Conditions (hereinafter “GTC”) apply to all offers and services of OMT Global Ltd (hereinafter “OMT”) in the version valid at the time of contract conclusion.
1.2. By placing an order, the contractual partner acknowledges the validity of the current GTC of OMT. This also applies to any follow-up business, unless the contractual partner is a consumer. Any deviating general terms and conditions of the contractual partner are hereby objected to, even in the case of letters of confirmation and unconditional deliveries or services.
1.3. OMT offers chauffeur and mobility services (hereinafter “services”) via its website and app. OMT is entitled to engage subcontractors to perform the services.

2. Offers, Prices, Contract Conclusion and Cancellations via the Website / /
2.1. All offers issued by OMT are non-binding.
2.2. All prices are in euros and include taxes and fees.
2.3. The contractual partner submits a binding order to OMT by clicking on the “Order” button after entering the required information on the booking screen online or in the app.
2.4. The contractual partner’s assignment is only considered accepted once confirmed in writing by OMT. The invoice is also a valid order confirmation.
2.5. Any subsequent changes to orders by the contractual partner must also be confirmed in writing by OMT.
2.6. OMT may decide to only partially accept orders from the contractual partner; i.e. it may make changes or reservations. The vehicle selected when placing the order cannot be guaranteed by OMT. OMT reserves the right to provide the contractual partner with a similar vehicle from the same category.
2.7. The contractual partner may cancel the service free of charge up until 6:00 p.m. on the day before the date of departure. If the contractual partner cancels the order after this point in time, they will be liable to pay the full price of the service unless they can prove that OMT has not suffered any damage or that it has suffered less damage than expected.

3. Payment Term and Default
3.1. Payments are due immediately without any deductions.
3.2. OMT only accepts payment by credit card.
3.3. In the event of default, all liabilities of the contractual partner as well as all claims of OMT against the contractual partner become due immediately. In such cases, OMT is entitled to make the further processing of the contractual partner’s orders dependent on an advance payment or security, or to refuse further performance after an appropriate grace period has elapsed without completion of payment. Further claims of OMT remain unaffected.

4. Custom Offers, Prices, Contract Conclusion
4.1 OMT is in the business of performing services, in particular chauffeur services, and providing high-end transport vehicles.
4.1. By ordering services, the customer submits a binding contractual offer. Unless otherwise stated in the customer’s order, OMT is entitled to accept this contractual offer within 30 days after receipt of the order.
This acceptance can be declared either in text form or through provision of the requested services to the customer.
4.2 Unless the contracting parties have reached an agreement to the contrary, the prices of OMT apply as displayed in the price list; this price list can be requested from OMT.
4.2. The customer is obliged to pay the fee for the service specified in the offer, the order confirmation and/or the contract plus the applicable statutory value added tax. The payment terms specified in the invoice apply.
4.3 Payment for the utilised services must be made exclusively to the bank account of OMT. The deduction of discounts is only permitted following express agreement in text form between OMT and the customer. Complaints about the service performed by OMT must be submitted to OMT in text form within 14 days.
4.4 OMT is entitled to demand advances on costs and expenses from the customer. For orders worth more than €8,000.00 net, OMT may demand advance payment from the customer of up to 2/3 of the invoice total one (1) week before performance of the service. Furthermore, OMT is entitled to issue partial invoices for services it has already performed.
4.5 Unless a concrete payment term is specified in the invoice, all payment amounts become due after complete performance of the service at the latest. Interest on arrears shall be charged to customers who are entrepreneurs at a rate of 12% p.a. above the respective base interest rate and to customers who are consumers at a rate of 8% p.a. above the respective base interest rate. OMT expressly reserves the right to assert claims for higher damages caused by delay. OMT’s claim to commercial default interest (§ 353 German Commercial Code – HGB) remains unaffected.
4.6 Unless the contracting parties have reached a fixed price agreement, OMT reserves the right to adjust its prices for services performed three (3) or more months after conclusion of the contract as appropriate in response to changed wage, material or distribution costs. The agreed prices are based on the raw material costs for petrol at the time of contract conclusion.
4.7 If raw material costs increase by more than 10%, the contracting parties must enter negotiations to agree on a new price for the services. If the contracting parties are unable to agree on a new price within a period of fourteen (14) days, both parties shall be entitled to withdraw from the contract. In case of credit card payments, the incurred fee (5%) is added to the invoice total.

5. Custom Offers / Termination and Cancellation Fees
5.1 If the customer terminates the contract, the customer may be invoiced for any costs already accrued. The customer is free to prove that the stated costs have not been incurred, or that they have only been incurred in a lesser amount. If an order is cancelled by 6:00 p.m. on the day before the performance of the service, any additional costs will not be invoiced to the customer. If the driver is already en route to the customer or at the location specified in the order and the customer fails to embark on the journey or cancels the service later than 6:00 p.m. on the day before, the full order total will be invoiced to the customer.
5.2 For large events, OMT reserves the right to adjust the cancellation conditions and the prices. Large events are organised meetings between persons which last a specific amount of time and are held at a specific location, or at various locations simultaneously, for a predefined purpose.
5.3 Unless otherwise agreed, a cancellation period of five (5) working days (including Saturdays) applies for events and/or special prices, whereby 60% of the order total is invoiced; in the event of cancellation two (2) working day before the start of the event, 100% of the order total becomes due. If the driver is already en route to the event location (day of arrival) where the driver/coordinators, or staff provided by OMT, are staying in hotels, 100% of the order total will be invoiced.
5.4 Termination must be in writing; it should be sufficient to send advance notice via email and then the original letter by post to ensure compliance with form and deadline.
5.5 OMT may terminate the contract before commencing the service if it is unable to do so for a compelling reason such as force majeure as defined in § 3 (1). In this case, the customer receives appropriate notification immediately.

6. Limitation of Liability
6.1 Regardless of the legal grounds, OMT, plus its representatives, employees and vicarious agents (hereinafer collectively referred to as “OMT”) are liable exclusively for intent and gross negligence, except in cases of culpable breach of essential contractual duties or violation of a guarantee of quality.
6.2 Except in cases of culpable breach of essential contractual duties, or grossly negligent or intentional breach of contract, OMT is not liable for lost profits, missed savings, indirect damage or consequential damage.
6.3 Except in cases of grossly negligent or intentional breach of contract, the liability of OMT is limited to the damage reasonably foreseeable at the time of contract conclusion.
6.4 Liability for culpable injury to life, limb or health and mandatory liability provided by law remain unaffected by the above-mentioned limitations of liability.

7. Closing Provisions
7.1 The contractual partner is advised that OMT processes and stores the personal data gained through the business relationship according to the provisions of the Federal Data Protection Act.
7.2 The contractual partner can only offset against claims of OMT if the contractual partner’s counterclaim is undisputed or has been recognised by declaratory judgement. The contractual partner may only assert a right of retention if it relates to claims arising from the same contractual relationship.
7.3 Without the express written consent of OMT, the contractual partner may not assign receivables from the contractual relationship to third parties.
7.4 The place of performance and exclusive place of jurisdiction for all disputes arising from or related to these GTC or the underlying contract is the headquarters of OMT, provided that the contractual partner is a company, a corporate body under public law or a special fund under public law.
7.5 These GTC and the underlying contract between OMT and the contractual partner are subject to Cyprus law, with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG) and the regulations on international private law.
7.6 If individual provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision is superseded by a substitute provision which comes as close as possible to the purpose pursued by the invalid provision.