Terms and conditions of sale

1. GENERAL PROVISIONS

The company CONNECT SMART DRIVE enables its users to book the following services:

• Any type of passenger transport service provided by vehicles of all sizes
• Concierge services
• Design and organization of all types of corporate events
• All types of wedding services
• Tourist excursions

On its own online platform, through integration with other online platforms or through mobile applications for mobile devices (the "applications", which together constitute the "CONNECT SMART DRIVE technology tools").

CONNECT SMART DRIVE services require the use of licensed providers and for which CONNECT SMART DRIVE acts as a guarantor.

These terms and conditions of use (the "GTC") are an integral part of any agreement between the user and the transportation services offered by CONNECT SMART DRIVE. They also describe in detail the transportation services resulting from the direct connection between the user and the transportation provider with driver via CONNECT SMART DRIVE.

A change to the GTC by the user will not be considered, even if confirmed in writing and without reservation. Any modification requires the express and written confirmation of the management of CONNECT SMART DRIVE.

2. CONTRACTUAL RELATIONSHIPS AND CONTRACT CONCLUSION

2.1 CONTRACTUAL RELATIONSHIPS

In the context of its technology tools, CONNECT SMART DRIVE provides the user with a right to transportation only, which is carried out by an independent transportation provider with driver. To do so, CONNECT SMART DRIVE concludes the necessary agreements with the transportation provider with driver, and thus enables the user to access the transportation service proposed by the transportation provider with driver (the "third-party contract" or "user transport contract"). The user is then entitled to claim the provision of the transportation service and other rights directly from the transportation provider with driver.

The agreement concluded between CONNECT SMART DRIVE and the user only concerns access to the service and not the provision of transportation. CONNECT SMART DRIVE's right to remuneration includes the remuneration of the organization of access to the service as well as the reimbursement of the remuneration advanced to the transportation provider with driver.

2.2 CONCLUSION OF CONTRACT

The user concludes a contract of arrangement by filling out a reservation form via the CONNECT SMART technology tools. The object of this contract is the organization of a transportation service with driver according to the user's request.

CONNECT SMART DRIVE sends the user an e-mail containing a confirmation of receipt with the details of the requested transportation service. CONNECT SMART DRIVE hereby confirms the receipt of the order for the transportation service with driver transmitted by the user.

The agreement between CONNECT SMART DRIVE and the user for the requested transportation service with driver comes into effect only after the dispatch by CONNECT SMART DRIVE of an e-mail containing a distinct declaration (the "Reservation Confirmation"). The user is then entitled to claim the provision of the transportation service proposed by the transportation provider with driver and to assert other rights directly against the latter.

3. USER REGISTRATION OBLIGATION FOR THE USE OF THE CONNECT SMART DRIVE TECHNOLOGY TOOLS

The user is required to ensure that all information transmitted to CONNECT SMART DRIVE by himself or on his behalf by a third party is complete and correct. Registrations made by automated procedures are prohibited.

4. SELECTED TOPICS FROM THE USER TRANSPORT CONTRACT

The details described in paragraph 4 concerning a request for a transportation service with driver issued by the user (collectively referred to as the "transportation terms") can only be claimed by the user against the transportation provider with driver if they have been agreed upon in the context of the contract of access to the service concluded with CONNECT SMART DRIVE. The following conditions apply to the connection of the user and the transportation provider with driver via CONNECT SMART DRIVE:

4.1 SINGLE JOURNEYS/RESERVATIONS BY THE HOUR; SERVICE MODIFICATION

The user can choose between a single journey and a reservation by the hour. If, at the request of the user or the guest, the actual journey requires additional services compared to the initial order, the transportation provider with driver undertakes, as far as possible, to comply with this request. Individual services not initially planned may generate additional costs, please refer to paragraph 5.

Subject to the availability of the transportation provider with driver, the user or the guest has the right to modify the transportation terms even after the conclusion of the contract in accordance with paragraph 5 and the remunerations described in it.

4.1.1 In the case of single journeys,

The price indicated is valid for a ride with driver between the pickup address and the destination address. Each stop on the direct route may generate additional costs in accordance with the price structure in effect (see paragraph 5).

4.1.2 In the case of reservations by the hour,

The ride with driver must end within the municipal area of the pickup location. An hourly reservation always starts at the pickup time specified in the reservation.

4.2 VEHICLE CATEGORY/VEHICLE MODEL, UPGRADE

For his order of ride with driver, the user can choose between different vehicle categories (for example "Mercedes E-Class Business Class", "Mercedes V-Class Business Van/SUV", "Mercedes S-Class First Class" or "Motorcycle-taxi").

The vehicles displayed in the context of the CONNECT SMART DRIVE technology tools are only examples. These images reflect the vehicle models commonly used in France and Europe for the reserved vehicle category; regional differences are possible, especially in the Americas.

Subject to availability, an upgrade of the vehicle category "Business Class" to a higher category (for example "Business Van" or "First Class") without additional costs for the user is possible at any time.

4.3 TRANSPORT SAFETY; CONSEQUENCES

4.3.1 LUGGAGE, ANIMALS

The price indicated in the reservation confirmation includes the number of pieces of luggage mentioned in the reservation form. Excess luggage, particularly bulky luggage, or the transport of animals not mentioned in the reservation form may generate additional costs. The costs associated with access to the service may then be higher than the costs indicated in the reservation confirmation (please refer to paragraph 5 below).

The provider of ride with driver may also refuse to transport luggage and/or animals not provided for in the contract. This clause also applies if the animals do not have an appropriate and closed transport box.

4.3.2 CHILD TRANSPORTATION

The user is required to indicate in the course order, if necessary, the number and age of children to be transported as well as the type of devices required for their transport.

4.3.3 INFORMATION ON THE NUMBER OF GUESTS AND LUGGAGE

The maximum number of guests and luggage specified for a particular vehicle corresponds to an estimate of certain factors such as the size and weight of the guests and luggage. These specifications are not binding. The provider of ride with driver may refuse to transport people or luggage if it estimates that the space and safety requirements are not met.

4.3.4 IMPOSSIBILITY OF TRANSPORT

The provider of ride with driver reserves the right to refuse a service if, in the context of the order of that service, the user has omitted to mention or has not correctly mentioned binding requirements (for example, in accordance with applicable law) as mentioned in this paragraph 4.3.

If an impossibility of transport results from this omission, this has no impact on the amount owed to CONNECT SMART DRIVE and provided for in the contract of access to the service concluded with the user for the concrete transport.

4.4 DELAYS

Exceptional situations, such as a strike by air traffic controllers, extremely bad weather conditions, etc. can only be partially compensated, so that in such cases, the user is required to accept extended waiting periods or last-minute cancellations.

4.5 CANCELLATIONS, RESERVATION CHANGES AND NO-SHOW AT THE RIDE WITH DRIVER SERVICE

4.5.1 CANCELLATION

(A) SINGLE JOURNEYS

For single journeys, cancellation is free of charge if there are more than 1 hour left before the pickup time. If there are 1 hour or less left before the pickup time, the full price must be paid. A cancellation can only be validated after sending an e-mail to contact@connect-smartdrive.com or by filling out the contact form on our website www.connect-smartdrive.com

(B) RESERVATIONS BY THE HOUR

For reservations by the hour, cancellation is free of charge if there are more than 24 hours left before the pickup time. If there are 24 hours or less left before the pickup time, the full price must be paid. A cancellation can only be validated after sending an e-mail to contact@connect-smartdrive.com or by filling out the contact form on our website www.connect-smartdrive.com

5.3.2 EXCESS MILEAGE FOR HOURLY BOOKINGS

Hourly bookings include twenty kilometers (20 km) per hour as mentioned in the booking form. Additional kilometers will be charged at the applicable rate excluding tax, depending on the municipal zone concerned and the selected vehicle category.

5.4 PAYMENT METHODS AND TRANSACTION FEES

The user can pay for the Ride with Driver service using the method of their choice:

* Credit card

* Bank transfer

* Cash in the vehicle

CONNECT SMART DRIVE covers the fees associated with credit card payments. In the case of bank transfers, the user is responsible for any fees related to currency exchange, exchange rates, or different local accounts.

5.5 REMINDER OF PAYMENT, UNPAID CREDIT CARD BILL

For each reminder of payment, CONNECT SMART DRIVE reserves the right to charge suitable fees.

For unpaid credit card bills, CONNECT SMART DRIVE will charge the user for any fees incurred (bank, credit card institution) and reserves the right to charge suitable processing fees on a case-by-case basis.

5.6 INVOICING, DEADLINE

The user receives an electronic invoice that can be downloaded via their user account. For credit card payments, the payment is immediately due. For bank transfers, the deadline is indicated on the invoice.

For cash payments, the payment is due at the end of the service when the user leaves the vehicle.

5.7 PROMOTIONAL CODES

Promotional codes are valid individually only. They cannot be combined with other promotional codes. A promotional code cannot be exchanged for cash.

6. LIABILITY

6.1 PRINCIPLES

CONNECT SMART DRIVE is responsible for any damage caused intentionally or through gross negligence by its vicarious agents or employees. Concerning the transportation service, the Ride with Driver provider and all drivers employed by them are not considered vicarious agents or employees of CONNECT SMART DRIVE. CONNECT SMART DRIVE is only responsible for connecting the user with the Ride with Driver provider for the purpose of organizing transportation.

In the case of damage caused by simple negligence, the liability of CONNECT SMART DRIVE is only engaged if it results from a breach of a material contractual obligation and if it is a typical and foreseeable damage. Material contractual obligations are those which, when fulfilled, enable the proper execution of the transportation contract to which the user can regularly rely.

Exclusions of liability do not apply in the case of guaranteed claims, damage to life, physical integrity and health, and claims based on the Product Liability Act.

6.2 CONTENT OF THE TECHNOLOGICAL TOOLS

CONNECT SMART DRIVE is not responsible for the accuracy, reliability, completeness, and timeliness of the content and programs made available free of charge to users and provided within the scope of the CONNECT SMART DRIVE technological tools, or for any damage resulting from their use unless such damage is caused intentionally or through gross negligence by CONNECT SMART DRIVE. This applies to all types of damage, in particular damage resulting from errors, delays, technical failures, or data loss, or any damage resulting from the use of this online offer. Furthermore, CONNECT SMART DRIVE does not assume any responsibility for the availability and reliability of the functions offered.

6.3 THIRD-PARTY WEBSITES

CONNECT SMART DRIVE disclaims any responsibility for the content, accuracy, legality, and reliability of third-party websites referred to via links. The user visits these websites at their own risk.

6.4 ACCURACY OF TRANSMITTED INFORMATION, INTERRUPTION OF ACCESS

CONNECT SMART DRIVE is not responsible for ensuring the accuracy and completeness of the transmitted information, or for ensuring that it is received on time by the user or driver. However, this does not apply to the content of the booking confirmation.

CONNECT SMART DRIVE disclaims any responsibility for quality issues related to access to the technological tools caused by force majeure or events beyond the control of CONNECT SMART DRIVE, in particular communication network failures and/or gateway failures. CONNECT SMART DRIVE cannot guarantee uninterrupted and error-free operation of the websites or the correction of any errors that may occur.

6.5 USER'S INDEMNITY

The user indemnifies CONNECT SMART DRIVE against any claims and costs, including legal fees, arising from third-party claims against CONNECT SMART DRIVE due to the user's non-contractual use of the technological tools or violation of these terms of use.

4.5.2 RESERVATION CHANGES

In general, reservation changes are processed as a new reservation. The cancellation regulations (Section 4.5.1) apply to the Ride with Driver booking made when departing. The amount charged by CONNECT SMART DRIVE for the booking made when departing may then remain unchanged.

4.5.3 NO SHOW WITHOUT CANCELLATION, USER DELAY

In the event of a no show without cancellation, the user loses all rights vis-à-vis the Ride with Driver provider. However, this does not affect the right of CONNECT SMART DRIVE to compensation from the user.

(A) SINGLE JOURNEYS In the case of a single journey, a no show is deemed to have occurred if the user or passenger does not arrive at the pick-up location within 30 minutes of the agreed pick-up time without cancellation. In the case of a no show, the Ride with Driver booking must be paid in full, and any waiting time will not incur additional costs.

For airport or railway station transfers (excluding main railway stations), a no show is deemed to have occurred if the user or passenger does not arrive at the agreed pick-up location within 60 minutes of the agreed pick-up time without cancellation. However, if the flight or train is delayed or arrives early, the driver is able to adjust the pick-up time to match the agreed delay between the arrival time and the agreed pick-up time in the contract. In the case of a no show, the Ride with Driver booking must be paid in full, and any waiting time will not incur additional costs.

These rules do not apply if the Ride with Driver provider and the passenger have agreed by telephone to a new pick-up time. Additional waiting time costs may then need to be paid (see Section 5.3.1). In principle, the user is not entitled to modify the pick-up time.

(B) TIME-BASED BOOKINGS In the case of time-based bookings, a no show is deemed to have occurred if the user or passenger does not arrive at the pick-up location within 30 minutes of the agreed pick-up time without cancellation. In the case of a no show, the user must pay the Ride with Driver booking in full.

For airport or railway station transfers (excluding main railway stations), a no show is deemed to have occurred if the user or passenger does not arrive at the agreed pick-up location within 1 hour of the agreed pick-up time without cancellation. However, if the flight or train is delayed or arrives early, the driver is able to adjust the pick-up time to match the agreed delay between the arrival time and the agreed pick-up time in the contract. In the case of a no show, the user must pay the Ride with Driver booking in full.

These rules do not apply if the Ride with Driver provider and the passenger have agreed by telephone to a new pick-up time. As mentioned in Section 4.1.2, the booking time always starts at the agreed pick-up time in the contract. If the booking time is extended, the payment is made as described in Section 5.2. In principle, the user is not entitled to modify the pick-up time.

4.6 CONDUCT IN THE VEHICLE

The user is required to observe the following conduct rules:

During the entire duration of the booking, all passengers are required to comply with the applicable traffic regulations, in particular the requirement to wear seatbelts. The user is required to follow any instructions given by the Ride with Driver provider. The provider is responsible for safety during the journey. It is therefore prohibited to open the doors while the vehicle is in motion, to throw objects out of the vehicle, or to stick body parts out of the vehicle or to shout. If the user wants to use any equipment or devices installed in the vehicle, they are required to follow the instructions given by the Ride with Driver provider.

Smoking is prohibited in the passenger compartment of the vehicle. If the user or a passenger does not comply with this rule, they will be required to pay the cleaning costs and a fee to compensate for the time during which the vehicle was unavailable.

Eating is not permitted in the vehicle. The consumption of alcohol is only permitted with the prior consent of the Ride with Driver provider.

5. PAYMENT AND FEES

5.1 GENERAL

The payment terms of CONNECT SMART DRIVE are set out in the booking confirmation.

The main factors influencing the payment amount are the following: the category of vehicle, distance, booking time, pick-up time and - if applicable - additional services.

Special requests, such as a multi-lingual driver, individual signage on the vehicle, intermediate stops, bulky luggage, child seats, etc. may incur additional costs.

5.2 CHANGES TO THE BOOKING

The user (as well as the passenger) has the option to modify the booking, even after the contract has been concluded, or - if the Ride with Driver provider is able to accept - during the journey.

If the user or passenger wants to extend the booking spontaneously (distance or number of hours), the actual service (total distance or number of hours) will be recalculated and billed at the end of the journey in accordance with the applicable price structure. For time-based bookings, each block of 30 minutes that is started will be invoiced. To make planning easier, the first minute of additional time will be rounded up to half an hour.

The payment amount owed by the user will then be adjusted upwards due to the increased costs of CONNECT SMART DRIVE for the transport contract with the user.

If the distance or number of hours booked is less than originally agreed in the contract, the payment amount calculated at the outset will not be adjusted.

5.3 ADDITIONAL CHARGES

5.3.1 WAITING TIME FOR SINGLE JOURNEYS

For single journeys, if the pick-up location is an airport or railway station (excluding main railway stations), waiting times of up to 60 minutes from the agreed pick-up time will not incur additional costs. However, if the flight or train is delayed or arrives early, the driver is able to adjust the pick-up time to match the agreed delay between the arrival time and the agreed pick-up time in the contract. Any additional waiting time will be invoiced according to a flat rate, taking into account the municipal zone and the category of vehicle booked.

 

5.3.2 ADDITIONAL KILOMETERS FOR TIME-BASED BOOKINGS

Time-based bookings include 20 kilometers (20 km) per hour as specified in the booking form. Additional kilometers will be invoiced at the applicable rate, taking into account the municipal zone and the category of vehicle booked.

5.4 PAYMENT METHODS AND TRANSACTION FEES

The user can pay for the Ride with Driver booking using the following methods:

* Credit card

* Bank transfer

* Cash on board the vehicle

CONNECT SMART DRIVE bears the costs associated with credit card payments. If payment is made by bank transfer, the user bears any transaction fees arising from currency conversion, exchange rates or different local accounts.

5.5 REMINDER OF PAYMENT, UNPAID CREDIT CARD CHARGES

For each payment reminder, CONNECT SMART DRIVE reserves the right to charge a suitable reminder fee.

For unpaid credit card charges, CONNECT SMART DRIVE will charge the user any costs incurred (bank, credit card issuer) and reserves the right to charge a suitable processing fee.

5.6 INVOICING, PAYMENT DEADLINE

The user receives an electronic invoice which can be downloaded from their user account. For credit card payments, payment is due immediately. For bank transfers, the payment deadline is specified on the invoice.

For cash payments, payment is due at the end of the booking when the user takes leave of the driver.

5.7 PROMOTIONAL CODES

Promotional codes are valid for individual use only. They cannot be combined with other promotional codes. A promotional code cannot be exchanged for cash.

6. LIABILITY

6.1 PRINCIPLES

CONNECT SMART DRIVE is responsible for any damage caused intentionally or by gross negligence by its agents or assistants. Regarding the transportation service, the provider of Ride with Driver and all the drivers employed by them are neither considered agents nor assistants of CONNECT SMART DRIVE. CONNECT SMART DRIVE is only responsible for connecting the user with the Ride with Driver provider for the purpose of organizing transportation.

In the case of damages caused by simple negligence, CONNECT SMART DRIVE's liability is only engaged if these arise from a breach of fundamental contractual obligations and involve foreseeable and typical damages. Fundamental contractual obligations are those obligations which, when fulfilled, allow the transportation contract to be properly executed, upon which the user can regularly rely.

Liability restrictions do not apply within the scope of specified guarantees, in cases of harm to life, physical integrity, and health, as well as in claims based on product liability law.

6.2 CONTENT OF TECHNOLOGICAL TOOLS

CONNECT SMART DRIVE is not responsible for the accuracy, reliability, completeness, and timeliness of the content and programs made available free of charge to users and issued within the framework of CONNECT SMART DRIVE's technological tools, or for damages resulting from their use unless such damages are caused intentionally or due to gross negligence by CONNECT SMART DRIVE. This applies to all kinds of damages, especially damages resulting from errors, delays, failures in technical installations or services, incorrect content, omissions, data loss or deletion, viruses, or, in general, the use of this online offer. Furthermore, CONNECT SMART DRIVE assumes no responsibility for the availability and reliability of the offered functions.

6.3 THIRD-PARTY WEBSITES

CONNECT SMART DRIVE declines all responsibility regarding the content, accuracy, legality, and reliability of third-party websites to which it links. Visiting these sites via the links is at the user's own risk.

6.4 ACCURACY OF TRANSMITTED INFORMATION, ACCESS INTERRUPTION

CONNECT SMART DRIVE is not obliged to ensure the accuracy and completeness of the information transmitted, or that it is received on time by the user or the driver. However, this does not apply to the content of the booking confirmation.

CONNECT SMART DRIVE declines all responsibility for quality issues in accessing technological tools caused by force majeure or events beyond CONNECT SMART DRIVE's control, in particular failures in communication networks and/or gateways. CONNECT SMART DRIVE cannot guarantee uninterrupted and error-free operation of the websites or the correction of any errors.

6.5 DISCLAIMER OF LIABILITY BY THE USER

The user releases CONNECT SMART DRIVE from any claims and costs, including attorney fees, raised by a third party against CONNECT SMART DRIVE for non-compliant use of technological tools or for breach of these general terms and conditions.

7. MODIFICATION OF OFFER BY CONNECT SMART DRIVE

CONNECT SMART DRIVE reserves the right to modify its technological tools at any time for the benefit of the user to develop and improve their quality. Furthermore, if compelling reasons require, CONNECT SMART DRIVE reserves the right to temporarily or permanently interrupt its offer regarding its technological tools without prior notice to the user.

8. CONTENT PROTECTION; GRANTING OF USER RIGHTS FOR THE USE OF TECHNOLOGICAL TOOLS

The contents of the technological tools are protected by intellectual property laws.

CONNECT SMART DRIVE grants the user a revocable authorization, subject to the resolutory condition of compliance with these general terms and conditions, to use its technological tools in accordance with the provisions. Any use outside of this scope (modifications, copies, re-editions, transmissions, distributions, or other use for illegal purposes) is prohibited.

9. FINAL PROVISIONS

9.1 COMPLETENESS, WRITTEN FORM

These GTC represent the entire agreement concluded between CONNECT SMART DRIVE and the user for the service. There are no ancillary agreements. Modifications and additions to this agreement require the written form. The electronic form or text form without signature is not sufficient. This also applies to any modification or addition regarding this written form requirement.

9.2 RESERVATION OF MODIFICATIONS

CONNECT SMART DRIVE is authorized to modify its general terms and conditions. Notification of this modification is transmitted by a unilateral declaration via the publication of the new GTC on CONNECT SMART DRIVE's website and the information made available to the user on this subject. If the user does not oppose the new GTC within 14 days following the date of notice, the GTC are then considered applicable to the user. The user can only continue to use the services provided by CONNECT SMART DRIVE insofar as they accept the GTC.

9.3 COMPENSATION, RETENTION, AND ASSIGNMENT

The user can only offset their claims against Blacklane and assert their rights of retention to the extent that their counterclaims against Blacklane or their counterclaims are legally established or undisputed. This also applies in the event of a claim on the part of the user.

The user can assert their rights of retention for claims according to this paragraph 9.3, paragraph 1, insofar as these are based on the same contractual relationship.

The user is not authorized to assign to a third party the rights arising from the contractual relationship without Blacklane's explicit and written consent.

9.4 APPLICABLE LAW, COMPETENT JURISDICTION

For all legal relations between Blacklane and the user, the only applicable law is the law of the Federal Republic of Germany as it is stipulated in the case of legal relations between German parties.

The place of performance is Berlin.

The only competent jurisdiction is Berlin, insofar as the user is a merchant within the meaning of the commercial code or does not have a permanent residence in Germany. Jurisdictions imposed by legislation are not affected.

9.5 SEVERABILITY CLAUSE

If any clause of these Terms proves invalid, unenforceable, or contains gaps, the remaining provisions remain in force. The parties are obliged to replace the invalid, illegal, or impracticable clauses with the closest clauses in sense and economic purpose as well as the intention of the parties.

Status: Berlin, March 2014