General Terms and Conditions

Valid from 1 January 2026

§ 1 · General Provisions, Scope of Application

(1) These General Terms and Conditions (“GTC”) govern all present and future business relationships between FIVEWAY, Proprietor Robert Jahnel (hereinafter “FIVEWAY”), and its clients (hereinafter “Client”). The Client is the natural or legal person who enters into the contract with FIVEWAY, regardless of whether that person or a third party (e.g., passengers) makes use of the service.

(2) These GTC apply to all contracts in the field of commercial passenger transportation, in particular chauffeur services, limousine services, airport transfers, city transfers, trade fair and event transportation, and all other transportation and mobility services provided by FIVEWAY.

(3) Any terms and conditions of the Client that deviate from, conflict with, or supplement these GTC shall only become part of the contract if FIVEWAY has expressly agreed to them in text form. Verbal collateral agreements shall only be valid if confirmed by FIVEWAY in text form.

(4) Individual agreements made with the Client take precedence over these GTC and must be made in text form.

(5) Legally relevant declarations by the Client (e.g., cancellation or withdrawal) must be made in text form (e.g., email) to be effective.

(6) Unless expressly provided otherwise in these GTC, statutory provisions shall apply.

(7) Note on right of withdrawal: No right of withdrawal exists for scheduled passenger transportation services. See § 3 for details.

§ 2 · Formation of Contract

(1) By making a booking or placing an order, the Client submits a binding contractual offer to FIVEWAY.

(2) A contract is formed exclusively upon FIVEWAY’s written order confirmation. All offers by FIVEWAY remain non-binding until an order confirmation has been issued.

(3) The order confirmation may be transmitted by email or in any other text form. FIVEWAY is entitled to decline booking requests without stating reasons.

§ 3 · Right of Withdrawal

The right of withdrawal applies exclusively to consumers within the meaning of § 13 of the German Civil Code (BGB).

Exception – Passenger Transportation

No right of withdrawal exists for contracts whose subject matter is the provision of passenger transportation services where a specific date or time period has been agreed for performance (cf. § 312 para. 2 no. 5 BGB in its currently applicable version). This applies in particular to chauffeur rides, airport transfers, trade fair and event transportation, and all other booked journeys with a fixed date. [Note: The exact statutory basis should be verified by a legal professional if required.]

Other Services

For services not tied to a fixed date (e.g., vouchers without a specified date of performance), the statutory right of withdrawal of 14 days from the date of contract formation applies.

§ 4 · Contractual Obligations of the Client

(1) The Client is obliged to provide all information relevant to the performance of the order completely and in a timely manner – in particular the pick-up time, pick-up address, destination address, number of passengers, luggage, flight or train number, and any special requests.

(2) Delays, changes, or special requirements must be communicated immediately. Any additional costs arising from waiting times, additional effort, parking fees, or necessary detours shall be borne by the Client.

(3) The Client is obliged to inform FIVEWAY in good time before the start of the journey of the presence of any children who are required by law to use a child restraint system, so that appropriate equipment can be provided. Provision of suitable restraint systems is the responsibility of the Client unless expressly supplied by FIVEWAY. The transport of minors is additionally subject to the provisions of § 10 of these GTC.

§ 5 · Prices and Payment Terms

(1) The agreed price covers exclusively the services expressly listed in the offer. Parking fees, toll charges, ferry costs, airport fees, overnight accommodation costs for the driver, and other incidental costs shall be charged separately unless expressly included.

(2) All prices are stated exclusive of applicable statutory VAT, unless expressly stated as gross prices.

(3) Invoices are due for payment in full within 14 days of receipt, without deduction.

(4) For first-time orders, payment in advance is the agreed default. FIVEWAY additionally reserves the right to require advance payment for individual orders within existing business relationships. In cases of advance payment, the full invoice amount must be received in FIVEWAY’s account no later than 48 hours before the start of the assignment.

(5) Individual payment arrangements, deposits, or payment schedules may be agreed for any order. Where such arrangements are made, they will be communicated during the quotation process and confirmed in the respective order confirmation. This applies in particular, but not exclusively, to large-scale orders (e.g., events, multi-vehicle bookings, long-term projects).

(6) In the event of default, the following default interest rates apply:

• Towards consumers (§ 13 BGB): 5 percentage points above the base interest rate (§ 288 para. 1 BGB)
• Towards business clients (§ 14 BGB): 9 percentage points above the base interest rate (§ 288 para. 2 BGB)

The right to claim further damages resulting from default is reserved.

(7) For payments by credit card made by business clients (entrepreneurs within the meaning of § 14 BGB), a processing fee of 3.5% on the net invoice amount will be charged. No payment surcharges will be levied on consumers (§ 13 BGB).

(8) Complaints regarding the service rendered or the invoice must be submitted to FIVEWAY in text form within 7 days of receipt of the invoice. After expiry of this period, the service shall be deemed to have been properly rendered and accepted.

(9) Set-off against claims of FIVEWAY is only permitted where the Client’s counterclaims have been established by final court judgment, are undisputed, or have been acknowledged by FIVEWAY. A right of retention may only be exercised if the counterclaim arises from the same contractual relationship.

§ 6 · Cancellation Policy

Unless alternative arrangements have been agreed, the following provisions apply:

Limousine and Van Services

• More than 72 hours before service commencement: free of charge
• 72 to 48 hours before service commencement: 25% of the agreed price
• 48 to 24 hours before service commencement: 50% of the agreed price
• Less than 24 hours before service commencement and in the event of a no-show (§ 7): 100% of the agreed price

Sprinter, Coach, and Large-Scale Orders

For orders requiring increased coordination, alternative cancellation terms may apply. These will be communicated during the quotation process and expressly stated in the respective order confirmation.

Non-Refundable Costs Associated with the Order

All costs incurred in connection with the performance of the order that cannot be recovered upon cancellation shall be borne by the Client in full. This includes in particular pre-booked or pre-paid third-party services such as overnight accommodation for the driver, ferry reservations, parking tickets, or admission tickets, where a free cancellation with the respective third-party provider is not possible. This applies regardless of the time at which the main order is cancelled.

General Notes

Cancellations must be submitted exclusively in text form (e.g., by email) and must be received by FIVEWAY during business hours (Monday to Saturday, 08:00–20:00). Cancellations received outside these hours will be deemed received on the next working day. The Client retains the right to demonstrate that no loss or a lesser loss has been incurred.

§ 7 · No-Show

(1) A no-show occurs when the passenger fails to appear at the agreed pick-up location by the agreed pick-up time, remains absent until the expiry of the contractually included waiting period pursuant to § 9, and has given no indication as to when their arrival may be expected.

(2) FIVEWAY is obliged to proactively attempt to contact the passenger or the Client by telephone or message prior to the expiry of the waiting period in order to ascertain the expected time of arrival. If this contact attempt receives no response, the journey may be treated as a no-show.

(3) In the event of a no-show, the journey shall be treated as cancelled and charged at 100% of the agreed price.

§ 8 · Amendments

(1) Amendments to a booking (e.g., changes to pick-up time, pick-up location, route, or vehicle category) are only possible in text form and subject to prior agreement with FIVEWAY.

(2) Short-notice amendments or those entailing comparable effort to a cancellation may be charged on a pro-rata basis in accordance with the cancellation terms in § 6.

(3) There is no legal entitlement to amendments. Where FIVEWAY processes an amendment, this constitutes a goodwill gesture and does not give rise to any entitlement to future amendments.

§ 9 · Waiting Times

Airport Transfers

(1) FIVEWAY actively monitors current flight data and aligns the pick-up time with the actual landing time as displayed by the airport. In the event of early landings, FIVEWAY will endeavour to bring forward the pick-up time accordingly; however, no entitlement to this exists. If a passenger takes an alternative means of transport following an early landing and no longer wishes to use the booked transportation service, FIVEWAY must be notified immediately; otherwise the no-show provisions of § 7 shall apply.

The following waiting period is included free of charge from the actual landing time:

• Business Class vehicles: 40 minutes
• First Class vehicles: 60 minutes

Flight Delays

a) In the event of a flight delay of up to 30 minutes relative to the originally scheduled landing time, the transportation order including the included waiting period shall be maintained without restriction.

b) In the event of a flight delay of more than 30 minutes, the entitlement to service lapses unless the passenger arrives at the agreed pick-up point within a window of 30 minutes from the scheduled landing time plus the applicable included waiting period. Within this window, an unconditional right to transportation exists without any separate availability check.

c) After expiry of this window, the journey may be treated as a no-show pursuant to § 7.

d) If the transportation order can be maintained, the journey will be provided at no additional charge until the end of the included waiting period. Additional waiting time beyond the included period will be charged in accordance with § 9 para. 3.

Train Stations, Hotels, and Other Pick-Up Addresses

(2) Included free-of-charge waiting period:

• Business Class vehicles: 15 minutes from the agreed pick-up time
• First Class vehicles: 30 minutes from the agreed pick-up time

In the event of the passenger arriving earlier than the agreed pick-up time, the same principle applies as for flight arrivals: FIVEWAY will endeavour to bring forward the pick-up time, but no entitlement to this exists.

(3) Waiting times beyond the included periods are charged per half-hour, for each commenced 30-minute block, in accordance with the applicable hourly rate for the respective vehicle category. Any additional parking fees incurred will be invoiced separately.

(4) By completing a booking, the Client agrees to the charging of up to 60 minutes of additional waiting time beyond the included waiting period. Where no authorisation exists for the billing of additional waiting time, this must be communicated to FIVEWAY in writing prior to the completion of the booking.

(5) FIVEWAY will proactively attempt to contact the Client or the passenger both before the expiry of the included waiting period and after the commencement of any additional waiting time, in order to ascertain the expected time of arrival. This applies unless a deviating arrangement has been agreed in the individual case.

§ 10 · Conditions of Carriage and Usage Restrictions

(1) All transportation is provided exclusively using licensed and insured vehicles in accordance with the requirements of the German Passenger Transport Act (PBefG) and by qualified driving personnel. Where necessary, FIVEWAY may engage suitable subcontractors who hold the required licences and insurance coverage.

(2) Passengers are required to comply with applicable safety and road traffic regulations during the journey, including the obligation to wear seat belts where fitted. Instructions given by the driving personnel must be followed.

(3) Smoking (including e-cigarettes and comparable products) is strictly prohibited in all vehicles. The consumption of food is only permitted with the prior agreement of the driving personnel. Non-alcoholic beverages in sealed containers are permitted.

(4) The consumption of alcohol in vehicles is not permitted as a general rule. By way of exception, the consumption of alcohol in small quantities (a classic aperitif) is permissible, provided this has been expressly requested in advance by the Client and approved by FIVEWAY. The carriage of persons who are visibly intoxicated prior to the commencement of the journey is not permitted; FIVEWAY is entitled to refuse transportation in such cases. FIVEWAY’s right to remuneration shall remain unaffected in such cases.

(5) The carriage of dangerous, explosive, flammable, radioactive, malodorous, or otherwise hazardous substances is prohibited.

(6) Passengers who, during the journey, endanger the safety of the operation or third parties, harass the driving personnel, or violate statutory provisions (e.g., through gross soiling, aggressive or abusive behaviour) may be excluded from further transportation. In such cases, the full fare remains due; any additional costs arising from the interruption of the journey shall be borne by the Client.

This also applies where passengers present a specific risk to the proper execution of the journey prior to departure. In the case of event-related risks (e.g., identifiable occasions with elevated potential for conflict) or person-related risks, FIVEWAY may exclude transportation at the time of booking. Where the risk-creating circumstance was already known to FIVEWAY at the time of booking, no right to remuneration shall exist in the event of a subsequent refusal or cancellation by FIVEWAY.

(7) The Client shall be liable for any soiling beyond normal levels. FIVEWAY is entitled to charge the following cleaning flat rates (net amounts plus VAT):

• Minor to moderate soiling (e.g., spilled drinks, food residues): up to EUR 500.00 net
• Severe or health-hazardous soiling (e.g., vomit, strong odour contamination, nicotine residue): up to EUR 1,000.00 net

The Client retains the right to demonstrate that a lesser loss has been incurred.

(8) The carriage of pets is only permitted subject to prior express agreement with FIVEWAY.

(9) Children who are required by law to use a child restraint system (in particular pursuant to § 21 of the German Road Traffic Regulations, StVO) may only be transported with a suitable restraint system in place. The Client’s obligation to notify FIVEWAY is governed by § 4 para. 3 of these GTC.

§ 11 · Quality Standards and Conduct of Driving Personnel

(1) FIVEWAY’s driving personnel are bound by applicable road traffic regulations and FIVEWAY’s internal quality and conduct standards. These include in particular a well-groomed, professional demeanour and the discreet handling of all order-related information.

(2) Instructions given by the Client or passengers that violate statutory provisions, operational safety, or the standards of a professional chauffeur service need not be followed by the driving personnel. FIVEWAY is entitled to terminate the assignment in such cases; the right to remuneration shall remain unaffected.

§ 12 · Luggage

(1) FIVEWAY accepts no liability for damage to, loss of, or theft of luggage or other items carried, unless FIVEWAY or its personnel have acted with intent or gross negligence.

(2) The Client is obliged to provide complete and accurate details of the luggage to be carried at the time of booking, including in particular the number, type, and size of items. If more luggage is brought than declared at the time of booking (and confirmed by FIVEWAY) and cannot be fully accommodated in the booked vehicle, all resulting additional costs – in particular for an additional vehicle or a separate journey – shall be borne exclusively by the Client.

(3) Where no specific luggage quantity has been confirmed at the time of booking and no other arrangement has been made, FIVEWAY assumes a maximum of one medium-sized suitcase (up to 15 kg, standard dimensions approx. 65 × 41 × 26 cm) and one piece of hand luggage (up to 7 kg, standard dimensions approx. 40 × 35 × 20 cm) per person. If this is exceeded and the luggage cannot be properly accommodated in the vehicle, § 12 para. 2 shall apply accordingly.

§ 13 · Liability of FIVEWAY

(1) FIVEWAY is liable in accordance with statutory provisions for intent and gross negligence.

(2) In cases of ordinary negligence, FIVEWAY is only liable for breach of material contractual obligations and only to the extent of the foreseeable, typically occurring damage. Liability for consequential loss such as lost profit or loss of use is excluded in such cases.

(3) FIVEWAY is not liable for losses caused by delays or failures resulting from force majeure (e.g., natural disasters, strikes, official orders, unforeseeable road closures, extreme weather events).

(4) Information regarding journey duration or arrival time is provided as a non-binding estimate. Delays caused by traffic congestion, weather conditions, or other circumstances for which FIVEWAY is not responsible do not give rise to liability or claims for reduction in price. An exception applies solely where the parties have expressly agreed a fixed-date transaction (time-of-the-essence). A fixed-date transaction within the meaning of these GTC exists where the time of performance has been designated in writing as a material element of the contract and the timely performance of the service is of evidently critical importance to the Client. In such cases, the Client has a right of withdrawal in the event of a material delay attributable to FIVEWAY.

(5) FIVEWAY accepts no liability for items left behind in the vehicle. Found items will be stored for 4 weeks (provided they are not hazardous to health or perishable) and will be returned upon proof of entitlement, or forwarded at the Client’s request and expense.

(6) In the event of a mechanical breakdown, FIVEWAY will endeavour to arrange a replacement vehicle of the same or higher vehicle category as quickly as possible. No entitlement to a replacement vehicle exists.

(7) Claims by the Client for material or financial damages shall become time-barred within twelve months of the statutory commencement of the limitation period, provided FIVEWAY has not acted with intent or gross negligence. The statutory limitation periods for personal injury claims shall remain unaffected.

§ 14 · Liability of the Client

(1) The Client is liable for all losses caused intentionally or negligently by the Client or any passengers to the vehicle or its equipment, including repair costs, cleaning costs, and any loss of earnings.

(2) The Client is also liable for negligent breaches of obligation by passengers.

(3) Should third parties assert claims against FIVEWAY arising from the conduct of the Client or passengers, the Client shall indemnify FIVEWAY against such claims upon first demand. The indemnification obligation extends to all costs reasonably incurred in the defence of such claims.

§ 15 · Right to Substitute Vehicle

(1) FIVEWAY reserves the right to replace the originally assigned vehicle with a model of equivalent or higher quality for operational reasons. No right to a price reduction arises from this, provided the agreed service remains equivalent overall.

(2) The Client’s entitlement refers to the booked vehicle category (e.g., Business Class, First Class), unless a specific vehicle model or vehicle specification has been individually agreed in writing.

(3) If exceptionally no equivalent or superior replacement vehicle is available, FIVEWAY is entitled to deploy a vehicle of lower quality. In this case, the agreed price shall be reduced proportionately to reflect the difference between the originally booked and the deployed vehicle category. Further claims for damages are excluded unless FIVEWAY is responsible for the deviation due to intent or gross negligence.

§ 16 · Cross-Border Journeys

(1) All transportation services provided by FIVEWAY are governed exclusively by German law, including for cross-border journeys, unless mandatory foreign law provisions apply.

(2) Additional costs arising in connection with cross-border journeys – in particular toll charges, vignette costs, road usage fees, foreign levies, and any border-related waiting times – shall be borne by the Client and charged separately unless expressly included in the offer.

(3) Compliance with all entry and residence requirements applicable to the passenger under foreign law (e.g., travel documents, visas, health-related requirements) is the sole responsibility of the Client. FIVEWAY accepts no liability for losses or additional costs arising from non-compliance with such requirements; FIVEWAY’s right to remuneration shall remain unaffected in such cases.

§ 17 · Price Adjustment for Framework Agreements

(1) In the case of framework agreements or long-term contractual relationships with fixed agreed rates, FIVEWAY reserves the right to adjust prices in the event of significant cost increases. A cost increase shall be deemed significant in particular where fuel prices, toll charges, statutory levies, or other essential operating costs increase by more than 10% relative to the level at the time the contract was concluded.

(2) FIVEWAY will notify the Client of any intended price adjustment in text form at least 4 weeks before it takes effect. The Client is entitled to terminate the framework agreement with immediate effect within 14 days of receipt of such notification.

(3) For individual orders without a framework agreement, § 5 of these GTC applies.

§ 18 · Data Protection and GPS Tracking

(1) FIVEWAY processes personal data exclusively for the purposes of contract initiation and performance pursuant to Art. 6 para. 1 lit. b GDPR, and to protect legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR (e.g., for operational planning, billing, safety, and quality assurance).

(2) All FIVEWAY service vehicles are equipped with GPS systems. Tracking is carried out exclusively during operational use and serves the purposes of real-time dispatch, route optimisation, vehicle security, and emergency response. Access to GPS data is restricted to authorised personnel. Stored GPS data is automatically deleted no later than 28 days after recording.

(3) Personal data is shared with subcontractors or other third parties only to the extent necessary and subject to appropriate data protection safeguards.

(4) FIVEWAY retains invoices and tax-relevant documents in accordance with statutory retention obligations (generally 10 years pursuant to § 147 of the German Fiscal Code, AO). Order confirmations and other correspondence are retained for at least the duration of applicable statutory limitation periods.

(5) For further information on data processing and your rights, please refer to our privacy policy at: https://fiveway.eu/privacy-policy/

§ 19 · Duty of Discretion

(1) FIVEWAY and all its personnel are obliged to maintain strict confidentiality with respect to all information obtained in the course of performing an order – in particular regarding the identity of passengers, travel destinations, travel data, and any personal or business information – and not to disclose such information to third parties.

(2) This duty of discretion continues beyond the end of the respective business relationship and ceases to apply only where FIVEWAY is required by law to disclose such information.

§ 20 · Creditworthiness

(1) FIVEWAY reserves the right to conduct credit checks on the Client prior to entering into a contract or during the course of an ongoing business relationship, in particular for first-time orders or high-value orders. The processing of credit data is carried out in accordance with Art. 6 para. 1 GDPR.

(2) FIVEWAY is entitled to make outstanding services conditional upon advance payment or the provision of security where, following conclusion of the contract, circumstances become known that materially impair the Client’s creditworthiness or that appear to jeopardise the settlement of outstanding amounts owed to FIVEWAY.

(3) In the event of the Client’s insolvency, FIVEWAY is entitled to withdraw from the contract.

§ 21 · Reference Permission

By concluding a contract, the Client grants FIVEWAY the right to use the services rendered – without disclosure of confidential content or personal data – as a reference and for self-promotional purposes (e.g., on the website, in social media, in presentations or proposals). The use of the Client’s company name or brand logos requires prior written consent or may be expressly prohibited by the Client.

§ 22 · Force Majeure

(1) Force majeure shall be deemed to exist in the case of unforeseeable events beyond FIVEWAY’s control that render performance of the service impossible – in particular natural disasters, pandemics, strikes, official orders, or extreme weather events.

(2) Where FIVEWAY itself is prevented from performing the service due to force majeure, FIVEWAY shall be released from its obligation to perform. In such cases, the Client is entitled to reimbursement of amounts already paid to the extent that the service was not rendered. FIVEWAY will notify the Client without delay upon becoming aware of the force majeure event.

(3) Where the Client or passenger is prevented from making use of the service due to force majeure – for example through cancellation of a connecting flight, official travel restrictions, or comparable circumstances – FIVEWAY remains ready and able to perform. In such cases, FIVEWAY’s right to remuneration is determined by the cancellation terms pursuant to § 6. Force majeure within the Client’s sphere of risk does not release the Client from payment obligations in accordance with the applicable cancellation periods.

(4) For time-specific individual services (in particular transfers, airport pick-ups, and event journeys), force majeure within the meaning of para. 2 shall result in the cancellation of the order. Postponement to a later date requires the express agreement of both parties.

§ 23 · Inability of the Client to Use the Service

(1) Where the Client is prevented from using the service for reasons not attributable to FIVEWAY, FIVEWAY’s right to remuneration shall be determined by the cancellation terms in § 6 of these GTC. This applies regardless of whether the prevention is due to the Client’s own fault, circumstances within the Client’s sphere of risk, or force majeure within the meaning of § 22 para. 3.

§ 24 · Text Form

(1) Amendments, additions, or collateral agreements to these GTC must be made in text form (e.g., email) to be legally effective.

(2) This also applies to the waiver of this text form requirement itself.

§ 25 · Jurisdiction and Final Provisions

(1) Where the Client is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be FIVEWAY’s registered place of business.

(2) The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), even where the Client is domiciled or has its registered seat abroad.

(3) For consumers, the statutory rules on jurisdiction apply.

(4) The contract language is German. In the event of any discrepancy between this English translation and the German original, the German version shall prevail exclusively.

(5) Severability clause: Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory rule.

§ 26 · Note on Consumer Dispute Resolution

FIVEWAY is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission provides a platform for online dispute resolution at: http://ec.europa.eu/consumers/odr

§ 27 · Termination

(1) Either party may terminate the contract for cause with immediate effect in text form. Cause exists in particular in the event of insolvency of either party, repeated or serious breaches of contractual obligations, or permanent incapacity to perform.

(2) In the event of force majeure, the provisions of § 22 of these GTC apply.

Translated for our English-speaking guests. The German originals remain the legally binding documents: Impressum, AGB, Datenschutzerklärung.

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