General
Terms and Conditions

1. General

1.1 All our offers, agreements, and the execution thereof are governed exclusively by the conditions stated below, unless otherwise agreed with us in writing.

1.2 If these general terms and conditions have once applied to a legal relationship between us and the client, the client is deemed to have agreed in advance to the applicability of these general terms and conditions to agreements subsequently concluded and to be concluded.

1.3 If an agreement concluded with us contains provisions that deviate from the general terms and conditions, the remaining provisions of these terms and conditions shall remain in full force and effect.

1.4 In the event of the invalidity of one or more of these provisions, the remaining provisions shall remain in full force and effect.

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2. Services

2.1 The employee shall be dressed in a representative manner.

2.2 If the client requires special clothing for the driver, this must be communicated no later than 96 hours prior to the relevant service.

2.3 We reserve the right to replace the employee during his work if it consists of carrying out more than one assignment.

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3. Offers, acceptance of orders

3.1 All our offers are entirely without obligation.

3.2 An agreement is only concluded after the client has given an order for the provision of a service, either orally or in writing, followed by an order confirmation from our side, and only after we have received back a signed copy of our general terms and conditions for approval.

3.3 Agreements or changes made after the order confirmation has been sent are only valid if they have been confirmed by us in writing.

3.4 Oral promises or agreements made with the employee are only binding on us if they have been confirmed by us in writing.

3.5 The minimum assignment duration is three hours, unless expressly agreed otherwise.

3.6 Cancellations of services can be submitted up to 96 hours in advance. After this, standard hours requested will be charged. 3.7 The Client is not permitted, within a period of 1 year after the last service provided by the employee to the Client through the intervention of D&B MOBILITY, to continue or commence the agreement with the employee outside of D&B MOBILITY, except with the written consent of D&B MOBILITY. If the Client acts in violation of the provisions of this paragraph, the Client shall forfeit a penalty of € 250 per day that an agreement between the Client and the employee lasts, without prejudice to the right to claim compensation.

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4. Prices

4.1 Unless stated otherwise, all our quotations are subject to price changes. If the price is increased within three months after the conclusion of the agreement, the client has the right to terminate the agreement.

4.2 Deviations from the rates set by us are only valid if agreed upon with us in writing.

4.3 Call-out charges will be applied for picking up and dropping off the employee.

4.4 Between 00:00 and 06:00, D&B MOBILITY applies a surcharge of 50%.

4.5 D&B MOBILITY applies a surcharge of 100% on national holidays.

4.6 We provide a meal allowance for the drivers. These costs are at the expense of the client.

4.7 For multi-day trips, accommodation costs are at the expense of the client. 16 hours per 24-hour period are charged at the standard rate. 4.8 The costs for the use of the means of transport, such as depreciation, fuel costs, parking fees, tolls, etc., are for the account of the

client.

4.9 The assignment begins at the location and time as agreed upon in your reservation and ends at the final destination. If the starting and ending locations are not the same, any extra travel hours will be charged.

4.10 The employee will be present 15 minutes before the start of the relevant trip.

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5. Liability

5.1 We accept liability only for direct damage suffered by the Client resulting from an attributable failure in the performance of our obligations or from a tortious act, if and to the extent that this liability is covered by our insurance, up to the amount of the payout made by the insurance.

5.2 If the damage in question is not insurable by us at an acceptable rate (related to the income generated by us), or if, in the event of insured damage, our insurer for any reason does not pay out, or if the damage is not covered by our insurance, our liability is limited to the net invoice value of the relevant service provided by us, increased by the net amount that we can recover from third parties in this regard.

5.3 We are not liable for consequential damage caused by or resulting from a defect in the assignments performed by us, including, but not limited to, the failure or late appearance of one of our drivers or for any delay, for whatever reason. 5.4 We are not liable for fines caused by traffic violations committed at the instruction of the Client.

5.5 We are not liable for damage of any nature arising from our reliance on incorrect and/or incomplete information provided by the Client, unless such inaccuracy or incompleteness should have been known to us.

5.6 The Client is obliged to ensure that the vehicle made available by him is insured against all risks, covering damage to the vehicle itself as well as damage suffered by third parties, including but not limited to personal injury.

5.7 Notwithstanding the above, we are not liable if damage is due to intent and/or gross negligence, or to injudicious or improper conduct by the Client.

5.8 The limitations of liability for direct damage included in these General Terms and Conditions do not apply if the damage is due to intent and/or gross negligence on our part.

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6. Payments

6.1 Unless otherwise agreed, payment of the invoice must be made within fourteen days of the invoice date by deposit or transfer to a bank account designated by us.
6.2 Any payment shall first be applied to costs owed by the Client to D&B MOBILITY, then to accrued interest, subsequently to outstanding invoices, and finally to the oldest outstanding invoices.

6.3 If payment is not received within the aforementioned period of fourteen days, the Client shall be in default by operation of law and shall owe interest of 5% per month on the outstanding amount from the invoice date. D&B MOBILITY reserves the right to charge these interest costs.

6.4 All judicial and extrajudicial costs incurred as a result of non-payment, late payment, or incomplete payment shall be for the account of the Client.

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7. Advertisements

7.1 Any complaints will only be processed if they are submitted in writing within 5 working days after discovery of the defect in the relevant service, with a precise description of the nature and grounds of the complaint.

7.2 Complaints regarding invoices must be submitted in writing within 10 working days after the invoice date.

7.3 After the expiration of this period, the client shall be deemed to have approved the delivered goods or the invoice, respectively.

7.4 The client has no right to demand dissolution of the agreement or to withhold or postpone payment in whole or in part. If a complaint is based on valid grounds, we will still ensure proper performance provided that the complaints have reached us within the periods referred to above, or, at our discretion, refund the fee or grant a price discount. In the event of complaints, the undisputed portion of the invoice must be paid on the indicated payment date.

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8. Toepasselijkrecht en geschillen

8.1 All our offers, agreements, and the execution thereof are governed exclusively by Dutch law. The District Court of Amsterdam has exclusive jurisdiction to settle disputes.