General terms and conditions of business

Scope

These General Terms and Conditions (GTC) apply to all contracts concluded between SHB AG and its customers (Customer) for the provision of services with or on Customer vehicles. The Customer accepts these General Terms and Conditions by accepting the offer from SHB AG or by clicking the "Submit booking now" button.

Conclusion of contract

The offers on the SHB AG website are non-binding and subject to change; that is, they constitute a non-binding offer within the meaning of Art. 7 of the Swiss Code of Obligations (OR). SHB AG is therefore free to reject customer inquiries at any time without giving reasons. By clicking the "Submit booking now" button, the customer submits a binding order or accepts the offer. The contract is concluded upon sending the order confirmation by email to the customer (acceptance by SHB AG) (conclusion of contract). A written offer from SHB AG is binding for SHB AG for one month from the date of dispatch, unless otherwise stipulated in the offer. SHB AG is not obligated to provide any services not listed in the offer. The parties recognize scanned signatures on the offer as legally valid. Oral and implied order placement by the customer is equivalent to written acceptance of the offer (conclusion of contract).

Prices, payment terms and price adjustments

Prices are quoted in CHF and include statutory VAT. The customer can choose from the payment methods offered by SHB AG. Unless otherwise agreed in writing, payment is due within 14 days of the contract being concluded. A default interest rate of 5% applies from the respective due date. SHB AG reserves the right to adjust prices at any time if, between the time of the offer and the contractual fulfillment, manufacturer prices, wage rates, material or energy prices, or exchange rates change.

valet parking service

SHB AG's service consists of parking customer vehicles. The vehicle key remains in SHB AG's custody during the use of the parking service and for the entire time the customer's vehicle is on SHB AG's premises. SHB AG excludes all liability for damage to the customer's vehicle (in particular, damage caused by weather conditions such as hail, snow, or sunshine, by third parties, by the need for jump-starting a dead battery, or by damage caused by standing idle) or for theft of the vehicle and/or items from the vehicle. In the event of key loss by SHB AG, SHB AG will provide the customer with transportation home, collect a replacement key from the customer within a reasonable timeframe, and transport the vehicle back to the customer. SHB AG will cover the costs for obtaining a replacement key, as billed by the vehicle manufacturer. The replacement of locks and any further claims for damages by the customer are excluded in all cases. The customer is responsible for ensuring the vehicle is roadworthy.

Car wash/Interior cleaning

SHB AG's service consists of cleaning customers' vehicles, both inside and out. The customer is obligated to point out any circumstances that could lead to damage to the vehicle or the car wash during the washing or detailing process. SHB AG is liable for damage to vehicles only if it was caused intentionally or through gross negligence by SHB AG personnel. In the event of damage occurring during the cleaning process, SHB AG is liable for direct damages. Liability for any indirect or consequential damages is expressly excluded.

Transfer service

SHB AG's service consists of transporting customers and any additional passengers in the customer's vehicle. This service is offered throughout Switzerland and in the border regions. All SHB AG drivers are required to comply with the applicable traffic regulations. The customer is responsible for ensuring the vehicle is roadworthy and agrees to comply with all traffic regulations (especially seatbelt requirements).

Defects

The user must assert any claims for rectification due to inadequate cleaning immediately after leaving the facility, otherwise these claims will be forfeited. SHB AG expressly reserves the right to rectify the situation. Claims for cancellation, price reduction, or damages are excluded with regard to car wash services.

cancellation

A confirmed order can be cancelled free of charge at any time. Cancellation must be made in writing, by telephone, or via the website.

Liability of SHB AG

In the event of an accident involving a customer vehicle caused by a driver of SHB AG, the damage will be reported to the vehicle owner's insurance policy – ​​this also applies to damage occurring during parking services. If the customer's insurance does not cover the damage, SHB AG's insurance will be liable to the extent specified in the relevant policy. SHB AG's maximum liability is CHF 5 million per claim or policy year.

Force Majeure

If SHB AG is prevented from fulfilling its contractual obligations on time due to force majeure, SHB AG is released from its contractual obligations. In particular, technical malfunctions, weather-related emergencies, strikes, and lockouts release SHB AG from its contractual obligations. During the winter months, especially in the event of icy conditions and snow-covered roads, the execution of confirmed orders may be refused for safety reasons.

Insurance

SHB AG has business liability insurance. Upon request, SHB AG will provide the customer with proof of insurance, specifying the sum insured and the scope of coverage. Obtaining liability and comprehensive insurance is the customer's responsibility.

Electronically captured signatures

Electronically captured signatures (scan, digital signature via mobile devices, etc.) are recognized by the parties as legally valid.

Involvement of third parties

SHB AG is authorized to engage third parties to provide the agreed services.

Privacy Policy

By accepting these terms and conditions, the customer confirms that he has read and accepted the privacy policy (available at: www.shb-cs.ch) of SHB AG.

Changes to the General Terms and Conditions

The customer agrees to observe and comply with these Terms and Conditions. SHB AG reserves the right to amend these Terms and Conditions at any time. The customer will not be informed of any changes to these Terms and Conditions by email or other means. Amendments will be made available on the website www.shb-cs.ch and will come into effect upon publication.

Further agreements

No further agreements or warranties exist between the customer and SHB AG beyond those contained in the offer, the contract, or these General Terms and Conditions. Agreements concluded between the parties after the conclusion of the contract (in particular, amendments) remain reserved, whereby SHB AG is only bound by such agreements if its declaration is made in writing.

Applicable law and jurisdiction

Swiss law applies. The parties will endeavor to resolve any disputes amicably, if possible. If no agreement can be reached through negotiation, the place of jurisdiction shall be the registered office of SHB AG (Lucerne).

Severability clause

Should any provision of these Terms and Conditions be or become invalid, or should the contract contain a gap, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed agreed upon which most closely approximates the economic intent of the parties; the same applies in the case of a gap.

I have read and understood the present terms and conditions of SHB Car Solution AG.