1. General

• 1.1. These General Terms and Conditions of Ottho CommV located at Eduard Arsenstraat 41, BE-2640 Mortsel, with company number 0798.114.317, (hereinafter: Terms and Conditions), apply to all offers, proposals, quotations, works, performances and agreements between Ottho CommV and the client (hereinafter: Client), in its own name or on behalf of a third party, unless otherwise agreed. These Terms apply both in a B2B context (hereinafter: Client-entrepreneur) and a B2C context (hereinafter: Client-consumer).

• 1.2. These Terms and Conditions cover the entire agreement between Ottho CommV and the Customer and relate to all entrusted orders/services. By accepting an offer or placing a reservation or order, the Client accepts these Terms and Conditions to the exclusion of its own general terms and conditions.

• 1.3. Deviations from these Terms are only possible with the express written consent of Ottho CommV. In such case, the other provisions of these Terms and Conditions shall remain in full force and effect. The Customer cannot derive any rights from permitted deviations for future or other orders or agreements.

• 1.4. Should one or more provisions of these general terms and conditions be declared invalid, illegal or inapplicable, this shall not affect or diminish the validity, legality or opposability of the other provisions. Instead of the inapplicable part, that which is closest to what the parties would have agreed in a legally permissible manner if they had known about the illegality shall be deemed agreed.

2. Unilateral modification

• 2.1. Ottho CommV may modify these Terms and Information at any time and without notice, to the extent permitted by law. The version of the Terms and Conditions in effect at the time of order or acceptance of an offer shall continue to apply to the resulting order.

3. Formation of agreement

• 3.1. Unless otherwise stated in writing, offers prepared by Ottho CommV are valid for 30 days from the date of preparation. After this period, the quotation automatically expires. Earlier quotations do not automatically apply to future assignments.

• 3.2. The contract between Ottho CommV and the Customer is established by the acceptance of the offer or quotation, or the placing of a reservation by the Customer during the validity period.

• 3.3. Until the offer is accepted, Ottho CommV reserves the right to correct errors in this offer or withdraw the offer at any time. Ottho CommV is only bound by an accepted quotation. Ottho CommV cannot be bound by a quotation which the Client can reasonably understand contains an obvious mistake or clerical error.

• 3.4. Quotes are strictly personal and cannot be provided to third parties for inspection without Ottho CommV's consent, nor can third parties rely on the contents.

• 3.5. The mention of a make or model of vehicle on Ottho CommV's website and in the quotation does not guarantee the availability of such make or model on the requested date or hour. If the requested make or model is not available for the predetermined date, Ottho CommV will propose an alternative.

• 3.6. For international coach tours, Ottho CommV may decide up to 4 weeks before scheduled departure not to proceed with the trip if there are insufficient registrations.

4. Prices and price revisions

• 4.1. Prices are always expressed in euros. With regard to Customer-entrepreneurs, prices are exclusive of VAT and with regard to Customer-consumers they include VAT, unless otherwise stated. Taxes and duties other than VAT are not included in the price. Increases in taxes and VAT rates after the conclusion of the agreement may be passed on to the Customer. The price of international travel may change due to changing exchange rates.

• 4.2. As long as the offer has not been accepted, Ottho CommV reserves the right to revise the price. Prices stated on the website, in price lists or in other media are purely indicative and do not bind Ottho CommV, to the extent permitted by law.

5. Obligations of the Customer

• 5.1. The Client undertakes to provide in a timely manner all information necessary for the performance of the contract, such as, but not limited to: the departure and arrival location(s) of the transport, any special requirements and the nature of the transport. Ottho CommV is not liable for damages or delays and defects in performance caused by the lack of this information.

• 5.2. If the transportation services are performed with the Customer's own vehicle, the Customer shall be responsible for the required maintenance, fuel, necessary documentation and insurance and the functioning of the vehicle. Ottho CommV is not liable for damages or delays and defects in the performance of the services caused by defective maintenance, lack of fuel, defective functioning or absence of the required documentation and insurance of the vehicle. The Customer guarantees that its own vehicle will be covered by "full comprehensive" insurance throughout the performance of the service and that its insurer -where legally or contractually required- was notified in advance of the transport service.

• 5.3. The Customer warrants the conduct of all passengers and is liable for all damages resulting from unsafe or careless conduct exhibited by passengers. Among other things, the Customer warrants that all passengers shall refrain from theft, smoking or defiling Ottho CommV's vehicles. If deep cleaning is required as a result of the acts or defects of passengers, the full cost of this will be charged to the Customer.

• 5.4. The Customer shall notify Ottho CommV in writing no later than 24 hours before the execution of the contract of any valuable goods (in particular: goods with a value exceeding an amount of 1,500 euros at the time of execution of the contract) to be transported. Ottho CommV shall not be liable for the damage or loss of items not timely mentioned.

• 5.5. Complaints related to travel must be communicated by the traveler, in an evidentiary manner, to Ottho CommV without delay. Complaints that cannot be settled on site must be reported in writing to Ottho CommV within 24 hours upon return home.

6. Performance of services

• 6.1. Ottho CommV agrees to take all reasonable measures to ensure the timely arrival of the passenger and/or goods. Ottho CommV cannot be held responsible for late arrival at the address of departure and/or destination due to traffic congestion, accident, bad weather conditions, breakdown or due to incorrect information provided by airports, airlines, stations or transport companies.

• 6.2. Ottho CommV reserves the right prior to or during the performance of the contract to deny persons access to its vehicles for reasons of: drunkenness or influence of other narcotics, aggressive behavior, poor hygiene or dirty clothing, poor morals. If such problems have occurred in the past, Ottho CommV may also deny access.

7. Payment modalities

• 7.1. Payments shall be made by electronic payment into the account number BE86 7512 1230 4950 of Ottho CommV. The Client Entrepreneur shall make the payment according to the instructions included in the invoice. Ottho CommV may determine that part or all of the Customer Entrepreneur's payment must be made prior to the performance of the services.

• 7.2. In case of non-payment of the invoice by the Client, Ottho CommV reserves the right to suspend the performance of the services. In this case, the Customer shall be obliged to reimburse all costs already incurred for the execution of the services and the Customer-consumer shall owe a penalty equal to 35% of the principal amount, incl. VAT. The non-paying Customer-consumer shall owe a penalty equal to 10% of the principal sum, including VAT.

• 7.3. In the event of non-payment by the Customer-consumer on the due date, interest at the rate of 1.50% of the total amount of the invoice on an annual basis shall be due automatically and without prior notice. In the event of non-payment by the Customer-Consumer on the due date, interest at the rate of 1% per month shall be payable by operation of law and without prior notice of default.

• 7.4. In order to be valid, any complaint regarding payments and invoices must be made by registered mail to the Ottho CommV headquarters within seven calendar days from the date of sending the invoice. The invoice date is presumed to be the date of dispatch of invoice.

8. Force majeure

• 8.1. Ottho CommV shall not be obliged to fulfill contractual obligations whose performance has become impossible. In any case, Ottho CommV shall not be held liable for the non-performance of its contractual obligations or resulting damages of the Customer due to wars and their consequences, strikes, pandemics or similar, total or partial stagnation of transport (traffic jams), severe weather or other meteorological conditions preventing performance, problems in the supply chain, electricity and telecommunication failures, business disturbances, defaults and/or force majeure of its suppliers, all of which shall be considered force majeure.

• 8.2. In the event of force majeure, Ottho CommV's obligations shall be suspended. In such case, it shall only be obliged to deliver, or perform its other obligations, as soon as reasonably possible. If the force majeure situation lasts or threatens to last longer than the period determined for the performance of services, Ottho CommV is entitled to terminate the contract immediately, without prior recourse to a court and without any compensation. Such dissolution must be done in writing by postal, e-mail, SMS or direct-messaging message. In such case, Ottho CommV will be entitled to the payment by the Customer of all goods or services already delivered and of the costs already incurred in view of the future performance of the contract.

9. Liability

• 9.1. Ottho CommV shall not be liable for damage to property of the Customer Entrepreneur, except in case of willful intent, fraud or deceit on the part of Ottho CommV or its appointees.

• 9.2. Ottho CommV shall not be liable for damage to property of the Customer-Consumer except in case of willful intent, fraud, deceit or gross misconduct on the part of Ottho CommV or its appointees.

• 9.3. In no event shall Ottho CommV be liable for indirect damages such as, but not limited to, loss of revenue, loss of contracts, limitation of returns or any other type of consequential or indirect damages, both to the Customer and third parties.

• 9.4. In no event shall Ottho CommV be liable for damage to the Customer's vehicle resulting from faulty maintenance, incomplete instructions or defects inherent in the vehicle. Nor shall Ottho CommV be liable for damages resulting from the lack of required documents or insurance or the failure to report the services to the insurer.

• 9.5. The total amount of Ottho CommV's liability to the Customer because of damages, regardless of their origin, shall be limited, for each event or series of related events, to the price incl. VAT paid to Ottho CommV under the contract of services whose non-performance is the sole cause of damage. This provision shall not apply to death or personal injury caused by Ottho CommV to a Customer-consumer.

• 9.6. Customer shall be liable for all property damage or injury to Ottho CommV's appointees resulting from unsafe or careless behavior of passengers during transportation services.

10. Termination of Agreement.

• 10.1. If the Customer cancels or terminates the assignment prior to or during the performance of the services, the Customer shall be obliged to reimburse the costs already incurred and services already performed. This compensation shall be increased by a fee equal to 30% of the price of the order, including VAT. This compensation is increased to 50% of the price if the cancellation occurs less than 96 hours before the start of the assignment and to 75% if the cancellation occurs less than 72 hours before the start. If the cancellation occurs less than 48 hours before the start of the assignment, the compensation amounts to 100% of the price.

• 10.2. If Ottho CommV itself cancels or terminates the Agreement, or the Agreement is terminated by its actions, the Customer-Consumer shall be entitled to equal compensation at the expense of Ottho CommV.

• 10.3. In accordance with Art. VI.53, 12° WER, the Customer-Consumer cannot invoke the right of withdrawal to revoke the contract of carriage.

• 10.4. Ottho CommV reserves the right to consider the contract terminated by operation of law and without prior notice of default in case of bankruptcy, manifest insolvency, admission to the collective debt settlement scheme, application for judicial reorganization as well as in case of any drastic change to the legal situation of the Customer entrepreneur.

11. Intellectual property rights

• 11.1. The Client expressly acknowledges Ottho CommV's full ownership of the brand name Ottho CommV, the trade name Ottho CommV, the domain name Ottho.be and the copyright and other intellectual rights to the name, logo and graphic branding of Ottho CommV, as well as to the content of the website www.ottho.be.

12. Confidential information and personal data

• 12.1. The parties shall process, use or store personal data only for legally permitted purposes in compliance with applicable laws.

• 12.2. The parties shall treat as strictly confidential all information, obtained orally or in writing, in any form whatsoever, which can reasonably be assumed to be confidential, and shall not disclose it to any third party without the prior, express and written consent of the other party except in the case required by law or judicial authorities. In the latter case, the disclosing party shall immediately notify the other party.

13. Electronic billing

• 13.1. Ottho CommV's original invoices will be delivered electronically via the e-mail address obtained from the Customer.

14. Disputes and applicable law

• 14.1. The General Terms and Conditions are governed by and have been drawn up pursuant to Belgian law. The application of the Vienna Sales Convention of April 11, 1980 is expressly excluded.

• 14.2. In case of dispute, only the courts of the jurisdiction of Antwerp shall have jurisdiction.