Mosaik Motors & Mosaik Drivers | Sole Proprietorship (Einzelunternehmen)

Owner: Renan Serpen

Weihenstephaner Str. 12, 81673 Munich, Germany | mosaikmotors.com / mosaikmotors.de

(1) These Terms and Conditions apply to all contracts concluded by the brands Mosaik Motors and Mosaik Drivers (hereinafter referred to as "Mosaik") with consumers (within the meaning of § 13 BGB) and entrepreneurs (within the meaning of § 14 BGB) – hereinafter referred to as the "Customer" or "Renter".

(2) Any deviating conditions of the Customer shall only apply with the express written consent of Mosaik.

(3) The contract is concluded upon mutual signature, confirmation in text form (e.g., email, messenger services), or upon provision of the service.

(4) For time-specific contracts (rentals, chauffeur services, vehicle transfers), there is no statutory right of withdrawal (Widerrufsrecht) for consumers pursuant to § 312g para. 2 no. 9 BGB.

(1) The scope of services is determined by the respective offer. The primary focus is on Munich and the surrounding areas; selected services may be provided throughout Europe by prior agreement. Mosaik is entitled to deploy qualified subcontractors and independent freelancers.

(2) Mosaik is entitled to rent equivalent vehicles from third-party providers to fulfill rental requests and shall act as the sole contractual partner. In the event of an unpreventable unavailability of the vehicle (e.g., mechanical defect, damage caused by a previous renter), Mosaik will provide an adequate replacement vehicle of the same or a higher category; any further liability is excluded.

(1) Refuelling Policy: Vehicles are handed over with a full tank and are expected to be returned with a full tank. In the event of incorrect refuelling (misfuelling), a flat fee of €25.00 plus the actual fuel costs shall apply.

(2) Cleaning: In the event of excessive soiling or a violation of the smoking ban, the Renter shall pay a cleaning fee of at least €50.00. For special cleaning procedures (e.g., ozone treatment), a fee of €250.00 shall be charged.

(3) Prohibited Use & Contractual Penalty: Sports usage, racing, and driving on race tracks (e.g., Nürburgring) are strictly prohibited. Launch-control starts and the deactivation of ESP/DSC are forbidden. In the event of a violation, a contractual penalty of €2,000.00 shall become due; Mosaik reserves the right to assert further damages (the penalty will be offset against any further claims).

(4) Telematics: The vehicles are equipped with GPS tracking and telematics systems, which read out vehicle data within the framework of the GDPR (DSGVO) in cases of reasonable suspicion of misuse.

(5) Accidents & Loss of Use: Accidents/damages must be reported immediately to the police and to Mosaik. Mosaik shall select the repair workshop and the independent appraiser. For the duration of the repair, the Renter owes a flat-rate compensation for loss of use amounting to 60% of the daily rental rate.

(1) Detailing/Valeting: The Customer must inform Mosaik in advance of all pre-existing damages (repaints, stone chips, rim damages). Mosaik shall not be held liable for damages to pre-damaged parts or adverse material reactions, except in cases of intent or gross negligence.

(2) Vehicle Transfer (Delivery/Collection): For collection, delivery, and workshop transits, Mosaik shall only be liable for vehicle damage in cases of intent or gross negligence; in cases of ordinary negligence, liability is limited to the breach of material contractual obligations (cardinal obligations). The Customer guarantees the roadworthiness of the vehicle and ensures that their motor vehicle liability and fully comprehensive insurance cover professional third-party drivers (Mosaik) both domestically and abroad. The Customer indemnifies Mosaik against third-party claims.

(3) Advance Payments: Expenses incurred for third-party services (workshops, TÜV inspection, third-party vehicle refuelling) will be passed on one-to-one and are due immediately upon invoicing.

(4) Storage: In the case of vehicle storage, Mosaik's liability is governed by statutory safekeeping law (§§ 688 et seq. BGB). The Customer must independently insure the vehicle against theft, vandalism, and environmental damages (force majeure).

(1) This service includes passenger, luggage, and VIP transportation in Mosaik vehicles or customer-owned vehicles. Passengers must comply with all safety instructions issued by the chauffeur.

(2) If safety is compromised (e.g., due to aggressive behavior or severe intoxication), the chauffeur may exclude passengers from transport; the claim to remuneration remains fully intact. The Customer is jointly and severally liable for any vehicle damage or extreme soiling caused by passengers.

(1) For event and large-scale orders (e.g., weddings, corporate events), Mosaik owes a duty of diligent effort, but does not guarantee the availability of specific vehicles/drivers.

(2) In the event of an unpreventable cancellation (illness, unpreventable defect/accident), Mosaik will endeavor to find an equivalent replacement. If this is not successful, liability is limited in accordance with paragraph 3.

(3) In the event of a cancellation for which Mosaik is responsible, advance payments will be refunded. Liability for indirect damages, lost profits, or short-term replacement procurement costs incurred by the Customer is limited to the agreed total order value in cases of ordinary negligence.

The Renter/Customer is fully and unrestrictedly liable for all traffic violations and criminal offenses committed during the usage or transfer period. Mosaik charges an administrative handling fee of €25.00 per incident for processing official authority inquiries.

In the event of a cancellation of a binding reservation without fault on the part of Mosaik, the following flat fees based on the gross total order value shall become due:

Up to 4 weeks prior to the date: free of charge

4 to 2 weeks prior to the date: 40%

2 weeks to 1 week prior to the date: 60%

Less than 1 week to 72 hours prior to the date: 85%

Less than 72 hours prior to the date / No-Show: 95%

Right to Prove Lesser Damage (applicable to sections 3, 7, 8): In all cases, the Customer retains the right to prove that Mosaik incurred either no damage/expense or a significantly lower damage/expense than the specified flat rate.

(1) Mosaik has unlimited liability for damages resulting from injury to life, body, or health.

(2) For other damages, Mosaik is only liable in cases of intent or gross negligence. In the event of a slightly negligent breach of essential contractual duties (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract.

(3) Liability for unpreventable service disruptions due to force majeure, extreme weather conditions (e.g., black ice), strikes, or unpreventable traffic congestion is excluded.

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory rights of their home country remain unaffected.

(2) If the Customer is a merchant (Kaufmann), a legal entity under public law, or has no general place of jurisdiction in Germany, Munich shall be the exclusive place of jurisdiction. Mosaik is also entitled to bring action at the Customer's place of business/residence.

(3) Should any provision of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected (Severability Clause / Salvatorische Klausel).