Section 1 Validity of the Terms and Conditions
1) The services offered by PDMM Holding GmbH shall be performed solely on the basis of these General Terms and Conditions of Business. These shall apply for all future business relationships, even if they have not been expressly agreed again. These Terms and Conditions shall be considered accepted upon using the service at the latest. Any counterclaims from the contractual partner with reference to these General Terms and Conditions of Business and Sale are hereby excluded.
2) Deviations from these General Terms and Conditions are only effective if confirmed in writing by PDMM Holding GmbH.
Section 2 Offer and conclusion of contract
1) Offers provided by PDMM Holding GmbH are subject to change and non-binding. Declarations of acceptance and all orders require the written confirmation of PDMM Holding GmbH to be legally valid. This also applies to any additions, amendments or side agreements.
2) Employees of PDMM Holding are not authorised to conclude verbal side agreements or give verbal assurance that deviate from the content of the written contract.
Section 3 Prices
1) Unless otherwise agreed, the current general price list of PDMM Holding GmbH shall apply.
2) Unless otherwise agreed, prices are exclusive of any ancillary costs that may occur as part of the order. In particular, any vehicle operating costs, parking fees and all advanced expenses ordered by the customer or transported persons are not included in the price.
3) Unless stated otherwise, PDMM Holding GmbH shall honour the prices stated in its quotations for up to ten days from the date of their issue. The prices stated in the order confirmation by PDMM Holding GmbH shall be decisive and are exclusive of statutory value added tax. Additional services shall be calculated separately.
4) Unless otherwise agreed, prices shall be exclusive of arrival and departure flat rates which are calculated based on time. A minimum of half an hour shall be calculated for arrival and departure based on the agreed time tariff.
Section 4 Cancellations / Refusal of partial services
1) The Client may cancel an order or request only partial services at any time. In this case PDMM Holding GmbH shall charge a flat-rate cancellation fee in the amount of:
– 15% of the agreed price up to 30 days prior to the service provision date
– 50% of the agreed price up to 20 days prior to the service provision date
– 75% of the agreed price up to 10 days prior to the service provision date
– 90% of the agreed price up to 5 days prior to the service provision date
– 100% of the agreed price on the service provision date
The date of receipt of the cancellation request by PDMM Holding GmbH shall form the basis for the cancellation window. Cancellations are typically received from Monday to Friday between 9 am and 6 pm. After this time, the following working day shall be considered the date of cancellation.
2) The Client is entitled to prove that PDMM Holding GmbH has not incurred damage at all or only to a significantly lower amount.
Section 5 Period of service / Partial services / Change to services
1) The period of service is based on the specific context of the order and is independently coordinated by PDMM Holding GmbH.
2) PDMM Holding GmbH is entitled to provide partial services.
3) Should it become apparent during the course of a project that the service requested and contractually agreed differs significantly from the existing agreements, PDMM Holding GmbH is entitled to adjust the pricing according to the general price list. This may also take place retrospectively upon proof of the hours worked.
Section 6 Payment
1) Unless otherwise agreed, payments are due one week after receiving the invoice. Invoices are due without discount by bank transfer to our bank account provided on the invoice or by crossed cheque.
2) PDMM Holding GmbH may request payment in advance of 100% of the total expected amount prior to providing the service.
3) PDMM Holding GmbH shall be entitled, irrespective of any contrary terms and conditions of the purchaser, to assign any payments first of all to any older debts. If costs and interest have already occurred, PDMM Holding GmbH shall be entitled to assign the payment first of all to the costs, then to the interest, and last of all to the main debt.
4) Payment shall be regarded as having been received when PDMM Holding GmbH can access the respective amount in its accounts.
5) If the contractual partner falls into arrears, PDMM Holding GmbH is entitled to charge interest in the amount of the interest rate calculated by commercial banks for open current account loans, particularly if a check cannot be cashed.
6) If circumstances become known to PDMM Holding GmbH to query the creditworthiness of the contracting partner, PDMM Holding GmbH is entitled to request payment of all outstanding debts. In this case, PDMM Holding GmbH is furthermore entitled to demand prepayment or securities.
7) In case of default, PDMM Holding GmbH is furthermore entitled to withdraw from any contracts that have not yet been fulfilled.
8) The contracting partner is only entitled to the compensation, retention or decrease, even if notice of defects or counterclaims are asserted, if the counterclaims were ascertained legally or are indisputable.
Section 7 Limitation of liability / Statute of limitations
1) Compensation claims against PDMM Holding GmbH or its assistants or service agents arising from impossibility of performance, from negligence in the conclusion of the contract, from positive breach of contract and impermissible conduct are excluded, unless deliberate or gross negligence can be proven.
2) All claims to be considered for non-performance of services in violation of the agreement must be submitted to PDMM Holding GmbH within one calendar month after the end of the contract.
3) Delays in delivery on the basis of force majeure and events significantly impairing or rendering the delivery of services by PDMM Holding GmbH impossible (including strikes, lockouts, official orders, protests etc.), including if they take place at the location of a supplier of Movemanagement GmbH or its subcontractors, are not the responsibility of PDMM Holding GmbH even if binding dates and deadlines have been agreed on. In these circumstances, Movemanagement GmbH is entitled to postpone the provision of services for the duration of the hindrance or to withdraw completely or partially from the contract insofar as it has not yet been fulfilled.
4) If PDMM Holding GmbH is responsible for the non-observance of agreed terms and dates or if it is in default, the contracting party is entitled to claim compensation for damage due to delay up to a maximum of the net sum of the services affected by the delay.
5) Liability for non-physical damages (e.g. damages to assets due to special promotional events or concerts) is limited to a maximum amount of EUR 10,000.
6) Third-party liability insurance covers personal damages up to a maximum of EUR 8,000,000 for each injured person.
Section 8 Duty of the contracting party to cooperate
1) PDMM Holding GmbH shall receive from the Client all of the documents, information and data necessary for the purpose of providing the requested service insofar as the contracting party is aware of this requirement. These documents, information and data must be provided to PDMM Holding GmbH within a reasonable time frame in their currently valid version. PDMM Holding GmbH is not obliged to check the documents, information and data for accuracy.
Section 9 Confidentiality clause
1) For the duration of and following the end of the contractual agreement, PDMM Holding GmbH shall not make any information deemed confidential and provided to it accessible to third parties, for as long as and provided that this information has not entered the public domain by other means or the Client has waived confidential handling in writing. The same shall apply on behalf of the Client with regard to PDMM Holding GmbH.
2) The Client shall be solely liable for the legality of the documents, information and data provided to PDMM Holding GmbH. PDMM Holding GmbH is not obliged to check the legality of this information received. Should any prohibition of use or third-party claims be made against PDMM Holding GmbH based on the use of such documents, information and data, the Client shall release PDMM Holding GmbH from all such claims.
Section 10 Guarantee
1) Should a service not be provided, or is not provided within the context of the agreement, the Client is entitled to demand corrective measures within a reasonable period. PDMM Holding GmbH is entitled to take corrective measures by providing a service of a similar or higher standard. PDMM Holding GmbH may refuse to take corrective action if this would give rise to disproportionate difficulties.
Section 11 General provisions
1) The law of the Federal Republic of Germany applies to all legal relations between PDMM Holding GmbH and the Client.
2) The sole legal venue for all disputes arising directly or indirectly from the contractual relationship shall be Berlin.
3) PDMM Holding is entitled to use brands and other hallmarks of the Client as a reference.
4) PDMM Holding is entitled to produce photo and video material for events and to use and publish these without restriction.
5) If one of the provisions of these General Terms and Conditions of Business has become or becomes invalid, this shall not affect the validity of the remaining provisions. The parties shall undertake to replace the invalid provision with one that most closely reflects the original provision.