LEGAL NOTICE & DATA PROTECTION

Responsible for this website:

Swiss ComforDrive
Melanie Flügge-Würl
Bühlstrasse 11
CH-8200 Schaffhausen

CHE-459.839.912

Phone  +41 43 444 02 51          E-Mail  info@s-c-d.ch         www.s-c-d.ch

Concept und design: DiehlZwei | www.diehlzwei.de

General terms and conditions for Swiss ComforDrive Melanie Flügge-Würl

1. Applicability of these GTC
These General Terms and Conditions (hereafter called “GTC”) apply to the entire business
area of Swiss ComforDrive Melanie Flügge-Würl (hereafter called “the Company”). The
Company provides commercial passenger transportation in the form of chauffeur and
limousine services to a client (hereafter called “the Customer”).

2. Ratification of a contract
The contract is ratified when the Company confirms the agreement regarding the purchase of
services by the Customer. The contract is ratified in any case if the Customer makes use of
the services offered by the Company.

3. Prices
Unless agreed otherwise between the parties, all prices are in Swiss francs (CHF). All prices
include any applicable value added tax (VAT), but do not include any other taxes which may
be applicable. The Company reserves the right to modify prices at any time. The prices
which are valid when the contract is ratified apply.

4. Payment
The Company offers the Customer the following payment options: invoice, credit card,
advance payment. The Customer must pay the invoiced amount within 14 (fourteen) days
from the invoice date. If the invoice is not paid within the aforementioned payment period, the
Customer will receive a reminder. If the Customer does not pay the outstanding amount
within the reminder period, the Customer shall automatically be in default. From the time of
default, the Customer shall be liable for default interest of 5% (five percent). Offsetting of the
invoiced amount with a possible claim of the Customer against the Company is not
permissible. The Company reserves the right to refuse delivery or service in case of default
of payment.

5. Obligations of the Company
5.1. Provision of services
Unless agreed otherwise between the parties, the Company fulfils its obligation by providing
the agreed service. If no further provisions are agreed upon, the place of fulfilment shall be
the registered office of the Company.
5.2. Helpers
The parties shall have the express right to engage the services of helpers in order to meet
their contractual obligations. They must ensure that the engagement of helpers is in
compliance with all mandatory legal provisions and any collective employment agreements.

6. Obligations of the Customer
The Customer is obligated to promptly carry out all necessary measures for the provision of
the service by the Company. In particular, the Customer must be present at the agreed
location at the stipulated time. Depending on the circumstances, this includes the provision of
the appropriate information and documents for the Company.

7. Prohibition of recruitment and employment
The Customer is not allowed to recruit or employ the Company’s employees or other helpers
without express written consent, either on his/her own account or on behalf of a third party.
Even after the termination of the contractual relationship, the Customer is prohibited from in
any way directly or indirectly employing staff or other helpers of the Company. This
prohibition is valid until one year after the end of the contract and is limited to the area of
activity of the corresponding employee or helper.

8. Cancellations
Cancellations are free of charge up to 24 (twenty-four) hours before the agreed time for the
provision of the contractual service. In the case of a later cancellation, a cancellation fee of
CHF150 will be claimed.

9. Liability
Liability is fully excluded for any indirect damages and consequential damages resulting from
a defect. Liability for direct damages is limited to the price of the service. This limitation of
liability does not apply to direct damage caused by gross negligence or intent. The Customer
is obligated to immediately report any damages to the Company. Any liability for helpers is
excluded in full. In case the agreed service, in particular the timely transport, becomes
impossible to provide due to accident, breakdown, technical defect, traffic jam or security
closure of traffic routes, an appropriate discount on the service is granted or the contract is
cancelled.

10. Intellectual property rights
All rights to the products, services and any brands belong to the Company or it has been
granted their use by the owner. Neither these GTC nor associated individual agreements
shall have the effect of transferring any intellectual property rights, unless explicitly
mentioned. Furthermore, any further use, publication and granting of access to information,
images, texts or any other data which the Customer receives in connection with these
provisions is prohibited, unless explicitly approved by the Company. If, in connection with the
Company, the Customer uses content, texts or pictorial material to which third parties have a
protective right, the Customer must ensure that no third-party proprietary rights are infringed.

11. Privacy policy
The Company may process and use the data included in the contract to fulfil the obligations
arising from the contract. The Company shall take the necessary measures to protect the
data in accordance with the legal requirements. The Customer declares himself/herself in full
acceptance of the storage and contractual use of his/her data by the Company and is aware
of the fact that the Company, on the order of courts or authorities, is obliged and entitled to
disclose Customer data to them or to third parties. If the Customer has not specifically
prohibited it, the Company may use the data for marketing purposes. The data necessary for
providing the service can also be passed on to commissioned service partners or other third
parties.

12. Amendments
These GTC may be amended by the Company at any time. The new version becomes
effective 30 (thirty) days after the Company posts it on the website. For Customers, the
version of the GTC which is in effect at the time of the ratification of the contract always
applies, unless the Customer agreed to a newer version of the GTC.

13. Priority
These GTC have priority over all previous provisions and contracts. Only provisions from
individual contracts which further specify the provisions of these GTC have priority over
these GTC.

14. Severability clause
Should any provision of this contract or any supplement to this contract be or become invalid,
this shall not otherwise affect the validity of the contract. The Contracting Parties shall
replace the invalid provision with an effective provision which is as close as possible to the
intended economic purpose of the invalid provision. This also applies to any contractual
gaps.

15. Confidentiality
Both parties, as well as their helpers, agree to keep all information which has been submitted
or acquired in connection with the services confidential. This obligation shall continue to exist
even after the termination of the contract.

16. Force majeure
If the timely fulfilment by the Company, its suppliers or supporting third parties is made
impossible due to force majeure such as natural catastrophes, earthquakes, volcanic
eruptions, avalanches, storms, thunderstorms, wars, unrest, civil wars, revolutions and
uprisings, terrorism, sabotage, strikes, nuclear accidents and/or reactor damage, the
Company shall be exempted from the requirement of fulfilling the obligations concerned
during the period of force majeure as well as during a reasonable start-up period after it is
over. If the force majeure lasts longer than thirty (30) days, the Company can withdraw from
the contract. The Company must reimburse the Customer for already paid remuneration in
full. Any further claims, in particular claims for damages due to vis major, are excluded.

17. Applicable law / Jurisdiction
These GTC are subject to Swiss law. Insofar as no compulsory statutory provisions take
precedence, jurisdiction lies with the court at the registered office of the Company. The
Company is free to file a suit within the defendant’s jurisdiction. The United Nations
Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly
excluded.

Disclaimer of liability

The author will not be liable for the correctness, accuracy, timeliness, reliability and completeness of the site’s content and information. Liability claims against the author due to damages of a material or immaterial nature resulting from the access or use and/or non-use of the published information, the misuse of the connection, or from technical faults, are excluded. All offers are non-binding. The author expressly reserves the right to modify, amend or delete parts of pages or the entire offer without prior notice, or to temporarily or permanently discontinue the publication.

Liability for links

References and links to third-party websites are outside our sphere of responsibility. Any responsibility for such websites will be rejected. A user accesses and utilizes such websites at his or her own risk.

Copyrights

The copyrights and all other rights regarding content, images, photos or other files on the website are exclusively owned by Swiss ComforDrive or the specifically named right holders. The copyright owners’ written consent must be obtained in advance of the reproduction of any elements from the site.

Data protection

Based on Article 13 of the Swiss Federal Constitution and Swiss national data protection provisions (Federal Data Protection Act, DSG), every person is entitled to protection of his/her personal privacy as well as protection against misuse of their personal data. We comply with these provisions. Personal data is kept strictly confidential and is neither sold nor passed on to third parties. Working in close collaboration with our hosting providers, we aim to safeguard the databases as well as possible from unauthorized access, loss, misuse or fraud. When accessing our websites, the following data is stored in log files: IP address, date, time, browser request and generally transmitted information on the operating system or browser, respectively. This usage data forms the basis for statistical, anonymous evaluations, so that trends are recognizable on the basis of which we can improve our offers accordingly.

Privacy policy for the use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and which allow an analysis of the use of the website by you. The data generated by the cookie about your use of this site are usually sent to a Google server in the USA and stored there. However, in case of the activation of the IP-anonymization on this website, your IP address will first be abbreviated by Google within the member states of the European Union or other signatories of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and abbreviated there. Google will use this data to evaluate your use of the website, to generate reports on website activities for the website operators, and to provide further services connected to your website- and internet use. Google may also transmit this data to third parties, provided this is legally required or as far as third parties are processing this data on behalf of Google. The IP address transmitted by your browser through Google Analytics will not be linked with other Google data. You can avoid the installation of cookies by selecting the appropriate software settings in your browser; however, please note that in this case you may not be able to fully use the entire range of functions of this website. By using this website, you agree to the processing of the data collected by Google in the manner and for the designated purpose described above.