MOTUS Holdings, LLC Terms and Conditions
1. General
MOTUS Holdings, LLC (hereinafter referred to as “MOTUS”) enables its Users to book travel services over its online platform, through the association with other online platforms, as well as through the applications for mobile devices. The service of MOTUS is made up only by the arrangement of an entitlement to carriage for a User over a transportation service provider (“TSP”) as an intermediate, and not in the provision of the travel service itself.
These Terms and Conditions (hereinafter referred to as “Terms”) are part of every agreement between Users with the arrangement of a travel service by MOTUS. They also describe in detail the travel services which are offered through the direct entitlement created by MOTUS between the User and the TSP.
Deviations from the User Terms, even in the case of letters of confirmation and unreserved services, are hereby rejected. Only if the management of MOTUS has expressly agreed in writing, does this not apply.
2. Contractual Relationship and Conclusion of Contract
2.1 Contractual Relationship
MOTUS arranges for the User simply an entitlement to carriage over a TSP independent of MOTUS.
Therefore, MOTUS makes the necessary arrangements with the TSP in its own name, which provides the User with an entitlement to carriage over the TSP ("Third-Party Beneficiary", also called "Contract of Carriage for the Benefit of the User"). Consequentially, Users are entitled to demand travel services and other claims directly from the TSP.
The User uses MOTUS only as an intermediate or an arranger and not as a transport service. The compensation claim of MOTUS is made up of arrangement fees as well as the advance payment made by MOTUS to the TSP.
2.2 Conclusion
By submitting a payment to MOTUS in the amount indicated on the Trip Quote email or SMS, the User makes an offer for the conclusion of an arrangement agreement. The object of this agreement is the arrangement of the travel service to meet the User’s Ride Request.
MOTUS next sends the User an email confirming the receipt of the ride details for the travel service which is to be arranged. Through this, MOTUS confirms only the receipt of the User’s Ride Request.
The arrangement agreement between MOTUS and the User for the requested travel service comes into effect only through a separate statement ("Booking Confirmation") by MOTUS per email or SMS. The User themselves is then entitled to demand the transportation services from the TSP directly as well as to make further claims directly against the TSP.
3. User Registration Requirements
It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to MOTUS is complete and accurate. Registration using automated methods is prohibited.
4. Selected Topics of the Contract of Carriage for the Benefit of the User
Under Paragraph 4 described details of the User’s Ride Request (collectively, "Travel Arrangements"), the User can only make demands to the TSP, if they are agreed upon in the arrangement agreement with MOTUS.
The following conditions apply to the MOTUS -arranged entitlement to carriage of the User directly over the TSP:
4.1 Transfer Rides / Hourly Bookings, Changes to Service
The User can choose between transfer rides and hourly bookings for their Ride Request. If, according to the express wishes of the User, or guest, the actual Ride Request requires additional effort compared to the original Ride Request, the TSP should carry this out where possible. The extra effort may result in additional costs for the individual arrangement (for more details see Paragraph 5 below).
Changes in Travel Arrangements are subject to the availability of the TSP and can be made by the User, or the guest, even after conclusion of the contract in accordance with Paragraph 5 and the payments described therein.
4.1.1
In the case of transfer services the price quoted is valid for a start and destination address. An additional fee, according to the current price structure (see Paragraph 5 below), accrues per stopover on the direct route.
4.1.2
For hourly bookings, the trip must always end in the municipal area of the pickup location. An hourly booking always starts at the pick-up time confirmed upon booking.
4.2 Vehicle Class / Vehicle Model, Upgrade
The User can choose from different vehicle classes for their Ride Request. These are not connected with any right to a particular vehicle model for the booked vehicle category - regional differences are especially possible.
Subject to availability, an upgrade from the vehicle class to a higher vehicle class (such as "Luxury Sedan" to "Luxury SUV"), at no additional cost to the User, may be possible.
4.3 Transport Safety, Consequences
4.3.1 Luggage, Animals
The price given in the Booking Confirmation includes the number of pieces of luggage specified on the quote form. Excess luggage, bulky luggage, or the transportation of animals not stated as an additional comment upon booking could lead to corresponding surcharges; the arrangement fee will also be higher, as stated in the Booking Confirmation (see Paragraph 5 below).
The TSP reserves the right to refuse the carriage of luggage and/or animals which was/were not agreed to. This also applies to animals which are not contained in a closed and suitable transport box.
4.3.2 Carriage of Children
The need for safety seats for children should be requested by the User as an additional comment by specifying the number and age of children to be transported as well as the required type of seating.
4.3.3 Information on Number of Guests and Pieces of Luggage
The maximum number of guests and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of guest and luggage. These are therefore not binding. The TSP can refuse the carriage of guests or luggage if they believe they compromise the space and safety conditions.
4.3.4 Prevention of Carriage
The TSP reserves the right to refuse carriage if compelling (for example under applicable laws) requirements under Paragraph 4.3 were not at all, or not correctly, communicated by the User as an additional comment.
If, due to this, carriage is not possible, this has no influence on the payment of MOTUS Holdings, LLC through the arrangement agreement with the User for the transportation booked.
4.4 Delays
Exceptional situations such as air-traffic controller strikes, extreme weather conditions, etc. can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by Users.
4.5 Cancellations, Changes to Booking, and No-Shows
4.5.1 Cancellation
(a) Transfer Services
For transfer services, cancellation charges are at the discretion of the TSP. The terms of cancellation will be conveyed on the Quote email or SMS.
(b) Hourly Bookings
For transfer services, cancellation charges are at the discretion of the TSP. The terms of cancellation will be conveyed on the Quote email or SMS.
4.5.2 Changes to Booking
Changes to bookings are generally treated as new bookings. The policy for dealing with cancellations (see Paragraph 4.5.1 above) therefore apply to the ride originally agreed upon. A compensation claim by MOTUS for the originally agreed ride may be made accordingly.
4.5.3 No-Shows without cancellation, Delay to the User
In case of a no-show without cancellation, the User loses their entitlement to carriage over the TSP, however this does not affect the compensation claim of MOTUS towards the User.
(a) Transfer Services
A ride is considered a no-show if the User, or guest, has not shown up without cancellation within 30 minutes after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
For airport or train station (only long-distance train stations) pickups the ride is considered a no-show when the User, or passenger, has not shown up without cancellation within 60 minutes after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
From this rule situations are excluded in which the TSP and the guest have agreed on a later pickup time by phone. Possible surcharges for waiting time have to be remunerated as described under Paragraph 5.3.1. Generally, the passenger is not entitled to change the pickup time.
(b) Hourly Bookings
A ride is considered a no-show if the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full.
For airport or train station (only long-distance train stations) pickups the ride is considered a no-show when the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full.
From this rule situations are excluded in which the TSP and the guest have agreed on a later pickup time by phone. An hourly booking always starts at the pickup time confirmed upon booking as described under Paragraph 4.1.2. In consequence possible extensions of the hourly booking have to be remunerated as described under Paragraph 5.2. Generally, the passenger is not entitled to change the pickup time.
4.6. Behavior in the Vehicle
The following behavioral standards apply to the User when traveling with the TSP:
During the entirety of the ride, all guests must follow the regulations which apply to the relevant Road Traffic Act, especially the seatbelt regulations. Any instructions given by the TSP must be followed. It is the responsibility of the TSP to ensure a safe ride. It is therefore prohibited for guests to open the doors while driving, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If the User wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the TSP.
Smoking is prohibited in the guest part of the vehicle. If the User, or guest, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle.
The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent.
5. Compensation and Payment
5.1 Principles
The compensation claim of MOTUS is specified in the Quote page as well as the final invoice if additional charges are incurred.
Key factors for its amount (including reimbursement of expenses to MOTUS for the arranged transportation service) are: the chosen vehicle class, the distance, how far in advance the ride is booked, as well as the pickup time and possibly the location.
Additionally booked special requests, e.g. multilingual chauffeur, individual vehicle labeling, additional stops, bulky luggage, car seats for children, etc. may cause the price to increase.
5.2 Ride Changes
Even after the conclusion of the arrangement agreement and even after the start of the ride, provided it is possible for the TSP, the User (and the guest) can make changes to the Travel Arrangements.
If a ride is spontaneously lengthened (distance or number of hours) according to the wish of the User, or guest, the actual service (total distance or number of hours) will be newly calculated and priced according to the current price structure. In the case of hourly bookings, each additional 30-minute block is considered for invoicing, i.e. from the first additional minute, a half hour will be rounded up to ensure more reliable planning.
Accordingly, the compensation claim increases for the User, due to MOTUS’s expenses for the Contract of Carriage for the Benefit of the User increasing.
If the distance or number of hours are less than originally booked, the price remains unaffected.
5.3 Other Premiums
5.3.1 Waiting Times for Transfer Services
For transfer services, complimentary driver wait times are indicated in the Quote. Any additional wait time by the driver may be subject to additional charges to the user once the final invoice is received by the TSP.
5.3.2 Additional Miles for Hourly Bookings
Hourly bookings contain the miles (per hour) that are stated on the Quote. Any additional miles are subject to surcharge, including taxes, and are calculated according to the price per mile of the particular municipal area as well as the vehicle category.
5.4 Terms of Payment and Transaction Fees
The User can pay for their ride by credit card by utilizing the pay link provided in the Quote email or SMS. Any transaction fees when making payments via bank transfer (e.g. due to different currencies or different local accounts) are carried by the User. If additional charges are incurred on the day of the ride, MOTUS will send the User a final invoice and explain the additional charges. A pay link will be provided in the email or SMS. The User is expected to pay the additional charges upon receipt.
5.5 Payment Reminders, Unpaid Credit Card Invoices
For each payment reminder, MOTUS may charge an appropriate penalty fine.
For unpaid credit card debts, MOTUS charges the User for the incurred expenses (bank, credit card company) and reserves the right to assert an appropriate handling fee per incident.
5.6 Sending of Invoices, Payment Dates
MOTUS provides the User with the respective invoice via email or SMS. When paying by credit card, payment is due immediately. When paying by bank transfer, the payment date referred to in the invoice must be kept.
5.7 Vouchers
Vouchers are only redeemable individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash.
6. Liability
6.1 Principles
MOTUS Holdings, LLC is liable for damage caused by MOTUS or their vicarious agents or subcontractors either intentionally or due to gross negligence. The TSP as well as all chauffeurs employed for the travel service are neither vicarious agents nor subcontractors of MOTUS. Rather, MOTUS arranges, for the User, a direct entitlement to carriage over a TSP.
In case of damage caused by simple negligence, MOTUS is liable only for breach of fundamental contractual obligations and for foreseeable and typical damage. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and upon which the User can rely.
Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act.
6.2 Websites of Third Parties
MOTUS accepts no responsibility for the content, accuracy, legality and functionality of third-party websites which are referred to through links. Accessing these pages through hyperlinks is done at the risk of the User.
6.3 Accuracy of Transmitted Information, Disruption of Access
MOTUS accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or chauffeur in time. This does not apply to content in the Booking Confirmation.
6.4 Release of Liability by the User
The User releases MOTUS Holdings, LLC of all claims and expenses, including appropriate attorneys fees, levied against MOTUS by a third party or by the User which violates the contract or is a breach of these Terms.
7. Final Provisions
7.1 Entirety, Writing
These Terms are the entire agreement between MOTUS and the User for the service. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement.
7.2 Subject to Change
MOTUS reserves the right to change these Terms. Notification of the change is made as a unilateral declaration by publishing the new Terms on the website of MOTUS and informing Users of this. If the User does not object to the new Terms within 14 days of the information being published, the new Terms then apply to the User. Continued use of MOTUS’s services is then dependent on the acceptance of the Terms by the User.
7.3 Offsetting, Retention, and Assignment
The User may only offset against undisputed or legally determined counterclaims against MOTUS. This also applies to the User's notice of defects.
The User may only exercise a right of retention, if their counterclaim is derived from the same contractual relationship.
The assignment of the User's claims from the contractual relationship against third parties without the written consent of MOTUS is excluded.
7.4 Severability
If any provisions of these Terms prove invalid, unenforceable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and the intent of the parties.