GTC

§1 – Validity of the Terms and Conditions

1. The services and offers of KKS Hahn GmbH are provided exclusively on the basis of these terms and conditions.
   These therefore also apply to all future business relationships, even if they are not expressly agreed again
   .
   These terms and conditions are deemed to be accepted at the latest when the service is used.
   Any counter-confirmations by the contractual partner with reference to its terms and conditions of business or purchase are hereby rejected
   .
2. Deviations from these terms and conditions are only effective if KKS Hahn GmbH confirms them in writing.

§2 – Offer and conclusion of contract

1. The offers made by KKS Hahn GmbH are subject to change and non-binding. Declarations of acceptance and all
   orders require written confirmation from KKS Hahn GmbH to be legally valid. The same applies to
   additions, amendments, or subsidiary agreements.
2. The employees and staff of KKS Hahn GmbH are not authorized to make verbal side agreements or give verbal assurances that go beyond the content of the written contract.

§3 – Prices

1. Unless otherwise agreed in writing, the current general price list of KKS
   Hahn GmbH shall apply.
2. Unless otherwise agreed, prices do not include ancillary costs incurred in connection with the order
   . These include, in particular, vehicle operating costs, parking costs, and all expenses advanced in connection with the service ordered by customers or passengers at
   .
3. Unless otherwise stated, KKS Hahn GmbH shall be bound by the prices contained in its offers for ten
   days from the date of the offer. The prices stated in the order confirmation from KKS Hahn GmbH
   plus statutory sales tax shall apply. Additional services shall be invoiced separately.
4. Unless otherwise agreed, prices do not include a flat-rate travel allowance, which is generally calculated
   based on actual costs. A minimum of half an hour is charged for travel to and from the location,
   which is added to the agreed hourly rate.

§4 – Cancellations / Cancellation of partial services

1. The client may withdraw from orders at any time or only make use of partial services from orders
   . In this case, KKS Hahn GmbH will charge flat-rate cancellation fees as follows:
   – up to 3 days before the start of the order: 10% of the agreed price
   – up to 2 days before the start of the order: 20% of the agreed price
   – up to 1 day before the start of the order: 50% of the agreed price
   – on the day the order begins: 80% of the agreed price
   The date of cancellation is determined by the date on which KKS Hahn GmbH receives the cancellation. Cancellations
   are generally accepted between 9:00 a.m. and 6:00 p.m. Monday through Friday. If
   is received later, the following business day is considered the cancellation date.
2. The client shall remain free to prove that KKS Hahn GmbH has not incurred any damage at all or has incurred significantly less damage than
   .

§5 – Performance period / Partial/ Changes to the service / Changes to the service

1. The performance period is based on the general conditions of the order and is determined independently by KKS
   Hahn GmbH.
2. KKS Hahn GmbH is entitled to provide partial services.
3. If, after the start of the order and in the course of a project, it becomes apparent that the requested or contractually agreed
   service deviates significantly from the existing contracts, KKS Hahn GmbH is entitled to make a
   price correction in accordance with the general price list. This can also be done retrospectively upon presentation of proof of the
   hours worked.

§6 – Payments

1. Payments are due two weeks after receipt of the invoice, unless otherwise agreed
   . Invoices are payable without deduction, depending on the agreement, by bank transfer to one of the bank accounts specified in the invoice
   or by cash on delivery by crossed check.
2. KKS Hahn GmbH may require a down payment of 25% of the expected
   sales volume before commencing the service.
3. KKS Hahn GmbH is entitled, despite any provisions of the contractual partner to the contrary, to first offset payments against older debts at
   . If costs and interest have already been incurred, KKS Hahn GmbH is entitled to first offset the payment against the costs, then against the interest, and finally against the principal performance at
   .
4. Payment shall only be deemed to have been made once KKS Hahn GmbH has access to the amount requested.
5. If the contractual partner defaults, KKS Hahn GmbH shall be entitled to charge interest at the rate charged by commercial banks for open current account loans (
   ) from the relevant date.
6. If the contractual partner fails to meet its payment obligations, in particular if it fails to honor a check
   or suspends its payments, or if KKS Hahn GmbH becomes aware of other circumstances that call into question the
   creditworthiness of the contractual partner, KKS Hahn GmbH shall be entitled to demand payment of the entire remaining debt
   . In this case, KKS Hahn GmbH is also entitled to demand advance payments or security deposits
   .
7. In the event of default, KKS Hahn GmbH shall also be entitled to withdraw from all contracts not yet listed at
   .
8. The contractual partner shall only be entitled to offset, retain, or reduce payments, even if complaints or
   counterclaims are asserted, if the counterclaims have been legally established
   or are undisputed.

§7 – Limitation of Liability / Statute of Limitations

1. Claims for damages arising from impossibility of performance, positive breach of contract, culpa in contrahendo, and tort are excluded against both KKS Hahn GmbH and its vicarious agents, unless there is evidence of intent or gross negligence.
2. All claims arising from the non-contractual provision of our services must be submitted to KKS Hahn GmbH in writing within one calendar month of completion of the order.
3. KKS Hahn GmbH shall not be responsible for delays in performance due to force majeure and events that significantly impede or render impossible the performance of KKS Hahn GmbH (including, in particular, strikes, lockouts, official orders, demonstrations, etc.), even if they occur at suppliers of KKS Hahn GmbH or their sub-suppliers, for which KKS Hahn GmbH is not responsible, even in the case of bindingly agreed deadlines and dates. They entitle KKS Hahn GmbH to postpone performance for the duration of the hindrance plus a reasonable start-up period, or to withdraw from the contract in whole or in part due to the unfulfilled part.
4. If KKS Hahn GmbH is responsible for failing to meet binding deadlines and dates or is in default, the contractual partner shall be entitled to compensation for delay up to a maximum of the net invoice amount for the services affected by the delay.
5. Liability for damages that are not physical injuries (e.g., financial losses due to canceled promotional events or concerts) is limited to €10,000.
6. Personal injury is covered by motor vehicle liability insurance up to a maximum of €7,669,379 per injured person.

§8 – Obligation of the contracting party to cooperate

1. 
   KKS Hahn GmbH shall receive from the client all documents, information, and data necessary for the performance of the service project, insofar as the contractual partner is aware of the requirement. The documents,
   information, and data must be made available to KKS Hahn GmbH within a reasonable period of time in a final and binding
   version. KKS Hahn GmbH is not obliged to check the documents, information, and data
   to be handed over for defects.

§9 – Confidentiality

1. KKS Hahn GmbH shall not disclose information declared as confidential to third parties during the term of the contractual relationship and after its termination
   , unless and to the extent that this information has become generally known in another way
   or the client has waived the requirement for confidential treatment in writing.
   The client shall have a corresponding obligation towards KKS Hahn GmbH.
2. The client is solely responsible for the legality of the use of documents, information, and data provided to KKS Hahn GmbH. KKS Hahn GmbH is not obliged to verify the legality of the use of
   . Should KKS Hahn GmbH be held liable for injunctive relief or claims for damages by third parties due to the use of such documents, information, and
   data, the
   client shall indemnify KKS Hahn GmbH against all claims.

§10 – Warranty

1. If a service is not provided or is not provided in accordance with the contract, the client may demand remedial action within a reasonable period of time
   . KKS Hahn GmbH is entitled to remedy the situation by providing a replacement service of equal or
   higher value. However, KKS Hahn GmbH may refuse to remedy the situation if this
   requires disproportionate effort.

§11 General provisions

1. The law of the Federal Republic of Germany applies to these business relationships and all legal relationships between KKS Hahn GmbH and the
   contractual partner.
2. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship
   is Leverkusen.
3. Should any provision in these general terms and conditions or any provision within the framework of other
   agreements be invalid, this shall not affect the validity of all other provisions or agreements
   . The parties undertake to replace any invalid provision with one that corresponds to its
   economic purpose.