10 Q - General Terms and Conditions

1.1 Scope of application and contracting parties

10 Q e.U., with its registered office in 1020 Vienna, Wehlistraße 157/19 (hereinafter "10 Q"), offers passenger transportation services and the brokerage of such services. These services are provided either by 10 Q itself with its own staff and vehicle fleet ("own services") or by carefully selected, legally independent partner companies ("sub-partners").

These General Terms and Conditions ("GTC") apply to all offers, bookings and contracts between 10 Q and the customer - irrespective of whether they are individual or long-term contracts. By using the services, these GTC are deemed to have been accepted as legally binding.

1.2 Service types: personal contribution and mediation

10 Q provides services:

(a) either with its own drivers and vehicles,

(b) or arranges a service of a sub-partner on behalf of the customer (agency agreement within the meaning of §1002 ABGB).

In these cases, the transportation contract exists directly between the customer and the sub-partner. Sub-partners are no vicarious agents of 10 Q within the meaning of §1313a ABGB. Liability for acts or omissions of these third parties is therefore - subject to §10 - excluded.

1.3 Priority of the GTC

Deviating terms and conditions of customers or third parties shall not apply, even if 10 Q does not expressly object to them. The version of these GTC valid at the time the contract is concluded shall always apply.

1.4 Written form and amendments

Amendments or additions to these GTC must be made in text form (§126b BGB analogously) and apply only to the respective individual case. 10 Q reserves the right to amend the GTC with effect for future contracts. Amendments shall be published on the website and shall enter into force upon publication.

2.1 Formation of the contract

A contract with 10 Q is only concluded by electronic booking (via the website or by e-mail for corporate clients) and after written confirmation by 10 Q. A mere confirmation of receipt does not constitute acceptance. The mere confirmation of receipt does not constitute acceptance.

2.2 Booking process

The booking process is as follows:

1. selection of the desired service (transfer type, additional options)

2. indication of pick-up and destination address, date, time

3. entry of customer data (incl. UID/company data for B2B)

4. selection of the vehicle category

5. selection of payment method (credit card only, see §3.3)

6. completion of the booking by sending

By submitting the booking, the customer declares a binding offer. The booking confirmation by e-mail constitutes acceptance and also contains the current version of the GTC (see §1.3). The customer is obliged to check the information in the confirmation immediately.

2.3 Contractual partners and representation of third parties

The person making the booking is deemed to be the contractual partner, even if the journey is made for third parties. He assures that he is authorized to represent any fellow travelers. Any rights arising from the contractual relationship shall accrue exclusively to the contractual partner.

2.4 Contract language and documentation

The contract language is German. Only the German version of these GTC shall be authoritative. The customer shall receive all documents relevant to the contract in text form (by e-mail). It is the customer's responsibility to save these permanently.

3.1 Price components

All prices are in euros, including statutory VAT, unless expressly stated otherwise. The binding price results exclusively from the booking confirmation (§2.2). Online price calculators do not constitute a legally binding offer.

Surcharges may arise due to, among other things:

• Stopovers or route changes during the journey (see §3.2)
• Waiting times, additional baggage, special requirements
• Costs such as tolls, parking fees or hotel accommodation for long journeys

3.2 Changes after the start of the journey

Spontaneous changes during the current journey - in particular additional stops, detour or time delays at the customer's request - are only permitted in agreement with the driver. 10 Q reserves the right to invoice these changes retrospectively according to the tariffs valid at the time the service is provided (see also §4.2).

3.3 Payment methods

Payments are exclusively cashless:

• Credit card (Visa, Mastercard, Amex)
• Corporate customers on account if applicable - subject to a positive credit check by 10 Q or a commissioned credit agency
• New customers: Advance payment no later than 5 working days before departure

3.4 Default in payment

The following provisions shall apply in the event of late payment:

• Default interest: 5 % above the respective prime rate (for consumers)
• 10 Q reserves the right to charge reminder, collection and legal fees additionally
• Withdrawal from the contract possible in case of default of payment according to §12.2

3.5 Complaints and refunds

Complaints about the price or service must be addressed to 10 Q exclusively in text form within 14 working days from the date of performance. Thereafter, the right to a refund shall lapse, unless a case pursuant to §10 (Liability) exists. Refunds shall be made in accordance with the provisions of §4 (Cancellation & No-Show).

4.1 Cancellation conditions and deadlines

The customer can cancel booked services free of charge up to 12 hours before the start of the journey. After this time, the following cancellation fees apply:

Note: This staggering also applies to partial cancellations. The time of receipt by 10 Q is decisive (§13.2).

4.2 No-show

A "no-show" exists if the customer does not appear at the agreed meeting point at the agreed time and cannot be reached by telephone. In this case, the service is deemed to have been provided in full and will be charged at 100 %. The regulation also applies if the customer arrives late through his own fault and the agreed waiting time is exceeded (see §5.3).

4.3 Special regulation for premium customers

For registered business customers and frequent travelers ("premium customers"), an extended cancellation period of 2 hours may apply, provided this has been contractually agreed. This regulation is not transferable and is subject to prior written confirmation by 10 Q.

4.4 Withdrawal by 10 Q

10 Q reserves the right to withdraw from the contract in exceptional cases (e.g. technical impossibility, failure of the sub-partner, force majeure). In this case, the fee already paid will be refunded in full.

5.1 Provision of services by 10 Q and sub-partners

The booked journey is carried out either by 10 Q with its own drivers and vehicles or by a carefully selected sub-partner (see §1.2 and §6). The selection of the specific driver or vehicle is at the discretion of 10 Q, unless otherwise agreed in writing.

5.2 Reasons for exclusion from transportation

10 Q or the assigned driver is entitled to refuse or cancel transportation if:

• the behavior or condition of the person being transported (e.g. heavily intoxicated, aggressive or unfit to drive) poses a danger to themselves, the driver or third parties,
• the safety or order of driving operations is endangered,
• infectious diseases or unhygienic conditions are present,
• animals are carried without a suitable transport container.

5.3 Waiting time and no-show rule

The driver waits at the pick-up location until 15 minutes at no extra cost. Afterwards - after a single attempt to establish contact - the return journey takes place. The journey is considered "No-Show" within the meaning of §4.2.

For airport pick-ups the free waiting time is extended to 45 minutes after actual landingprovided that the flight number was entered correctly when booking. Further waiting times are subject to a charge and will be invoiced in accordance with §3.2.

5.4 Exclusion of certain types of baggage and transport items

The transportation of hazardous, explosive, flammable, toxic or radioactive substances is prohibited. The same applies to objects that could damage the vehicle or endanger safety. Bulky luggage, animal crates or unusually large quantities of luggage must be registered in advance (see §2.2 and §3.1).

5.5 Vehicle categories and upgrades

The booking is made in a desired vehicle class. There is no entitlement to a specific model or license plate number. 10 Q reserves the right, subject to availability, to provide a free Upgrade to a higher vehicle class, e.g. in the event of bottlenecks or in the customer's interest (see §3.1).

5.6 Force majeure

If force majeure events (e.g. storms, strikes, official orders, natural disasters, political unrest or pandemics) make it impossible or considerably more difficult to carry out the trip, 10 Q is entitled to withdraw from the contract (§4.4). Liability under §10 is excluded in these cases.

5.7 Missed connections

10 Q accepts no liability whatsoever for Missed connections such as flights, trains, ferries or appointments, if their timely arrival was prevented by traffic disruptions, weather conditions or other unforeseeable delays. This also applies if the planned arrival time is exceeded (see §10.3).

6.1 Contractual relationship for sub-partner assignments

If a journey is not provided by 10 Q itself but by a sub-partner, the transportation contract is concluded between the customer and the respective sub-partner. In this case, 10 Q arranges the service within the framework of an agency agreement (§1.2).

6.2 No vicarious liability

The sub-partners used are no vicarious agents within the meaning of §1313a ABGB. Liability of 10 Q for its conduct, errors or omissions is - subject to §10 - excluded.

6.3 Information obligations and communication

Communication for implementation is primarily via 10 Q. In exceptional cases, particularly in the event of last-minute changes or queries on the day of the journey, direct communication between the sub-partner and the customer may be necessary.

6.4 Quality assurance

10 Q obliges all sub-partners to comply with the applicable legal regulations, to maintain confidentiality and to adhere to a high standard of quality. Complaints about services provided by sub-partners must be submitted via 10 Q and will be dealt with centrally (see §3.5).

7.1 Duty to cooperate

The customer must provide all information required for the execution in full and correctly (§2.2). This includes in particular

• Names and contact details of all passengers,
• correct pick-up time and address,
• Flight number for airport pick-up,
• Special requests (e.g. child seat, animal transportation, additional stops).

7.2 Rules of conduct during the journey

The following obligations apply during the journey:

• Seat belt obligation,
• no consumption of alcohol, drugs or smoking in the vehicle,
• No impairment of the driver (e.g. loud music, distraction),
• Luggage must be stowed securely and not placed on seats.

7.3 Passenger behavior and exclusion

In the event of gross misconduct (e.g. verbal abuse, willful soiling, destruction), the driver is entitled to terminate the journey. In this case, the fare will not be refunded (§4.2, §10.3). Any cleaning costs or damage will be charged to the customer.

8.1 Trip interruptions at the request of the customer

If the customer wishes to make additional stops or detours en route, this requires the driver's consent. Additional waiting or travel times will be charged in accordance with §3.2.

8.2 Rebooking before departure

Changes to bookings (e.g. new time, destination address, vehicle class) are possible free of charge up to 6 hours before the originally planned departure at the latest, provided no other availability is required. Thereafter, the regulations under §4 (Cancellation) apply.

8.3 Modification by driver or 10 Q for safety reasons

10 Q or the driver is entitled to deviate from the originally planned route if this is necessary to ensure the journey (e.g. closures, traffic jams, dangerous situations). This does not constitute a defect in the service.

9.1 General liability framework

10 Q shall only be liable for damage caused by its own fault or that of its legal representatives or employees through gross negligence or intent. In the event of slight negligence, 10 Q shall only be liable for breach of material contractual obligations ("cardinal obligations"), whereby liability shall be limited to the foreseeable damage typical of the contract.

9.2 Liability for the use of sub-partners

If a journey is carried out by a sub-partner in accordance with §1.2 and §6, the sub-partner is the sole contractual partner of the customer with regard to the transportation service. 10 Q assumes no liability for damages or breaches of duty resulting from the behavior of a sub-partner. Sub-partners are not vicarious agents within the meaning of §1313a ABGB.

➡️ For queries or complaints in connection with sub-partner services, see also §3.5 and §6.4.

9.3 Liability for luggage and items carried

Liability for loss, theft or damage to items carried (including luggage) is excluded, unless the damage was caused intentionally or through gross negligence by 10 Q. Transportation is at the customer's own risk. Valuables (e.g. laptops, documents, cash) must be secured separately and must not be left unattended by the driver.

9.4 Exclusion for connection failures

Liability for missed connections - e.g. flights, trains, ferries, business appointments - is expressly excluded unless 10 Q or the sub-partner has acted with intent or gross negligence (see §5.7).

9.5 Insurance cover

Vehicles of 10 Q or sub-partners used have legally compliant liability insurance in accordance with the applicable provisions of the AKB. The insurance cover includes property damage and personal injury.

10.1 General regulation

Refunds are made exclusively within the framework of the provisions in §3.5 (Complaints) and §4 (Cancellations). The prerequisite is a timely and justified claim by the customer.

10.2 Cases of full reimbursement

A full refund will be made in the following cases in particular:

• Trip was canceled by 10 Q in accordance with §4.4 (e.g. force majeure, technical failure),
• booking canceled by the customer in due time according to §4.1,
• Amount wrongly debited (e.g. double payment or system error).

10.3 Cases of partial refund / credit note

A pro rata reimbursement claim exists if:

• the service was not used in part by the customer (e.g. premature termination of the journey),
• an excessive waiting time was canceled at the customer's request,
• reduced performance is demonstrably due to 10 Q (e.g. wrong vehicle category, inadequate service).

10.4 Exclusion of reimbursement

There is no entitlement to reimbursement if:

• the customer has been classified as a "no-show" in accordance with §4.2,
• a passenger has been excluded from transportation due to his/her own misconduct in accordance with §5.2 or §7.3,
• there is a breach of the obligations to cooperate under §7.1 (e.g. false information when booking).

10.5 Form and deadline

Refunds must be made exclusively in writing (e-mail is sufficient) within 14 working days of the service being provided (§3.5). Refunds will be made to the original means of payment used, unless the customer expressly requests a credit note for later offsetting.

11.1 Scope of application

The processing of personal data by 10 Q is carried out in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). By making a booking, the customer consents to the collection, processing and use of their data to the extent necessary (see: https://www.10-q.at/datenschutzerklaerung/)

12.1 Rights of withdrawal in the event of force majeure or operational disruptions

10 Q is entitled to withdraw from the contract if:

• unforeseen events (force majeure, official measures, natural disasters, strikes) make it impossible or unreasonable to carry out the journey (see §5.6),
• technical defects occur in the vehicle that cannot be repaired in time and no equivalent replacement vehicle is available,
• the subcontracted partner drops out at short notice and no replacement can be provided despite efforts.

In such cases, the fare paid will be refunded in full (§10.2). Further claims are excluded (§9.1).

12.2 Withdrawal in the event of late payment or creditworthiness problems

10 Q may withdraw from the contract before the start of the journey if:

• payment is not made on time despite a reminder (§3.4),
• it turns out that the customer has provided false information about his person or solvency,
• there is a negative credit report (§11.4) and no security is provided.

12.3 Withdrawal in the event of repeated misconduct

In the event of repeated misconduct or gross violations of the rules of conduct from §7.2 and §7.3, 10 Q reserves the right to terminate the contractual relationship permanently or to reject individual bookings. There is no entitlement to reinstatement or compensation.

13.1 Text form requirement

All legally binding declarations, complaints or notices of withdrawal must be made in text form (e-mail or PDF is sufficient). Telephone messages are not legally binding unless expressly confirmed.

13.2 Receipt and start of deadline

The time of receipt of the declaration by 10 Q is decisive for deadlines. Declarations are deemed to have been received:

• for e-mail: upon receipt on the mail server of 10 Q,
• if sent by post: on the third working day after posting at the post office.

The deadlines in §3.5 (Complaints), §4.1 (Cancellations) and §10.5 (Refunds) only begin to run upon receipt of the declaration by 10 Q.

13.3 Customer communication through 10 Q

Communication by 10 Q takes place exclusively via the e-mail address provided by the customer during the booking process. The customer is obliged to check this address regularly and to notify any changes immediately.

14.1 Applicable law

Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law.

14.2 Place of jurisdiction

For all disputes with entrepreneurs within the meaning of §1 KSchG, the competent court in Vienna, Inner City exclusively responsible. The statutory jurisdiction regulations apply to consumers.

14.3 Alternative dispute resolution

10 Q is not obliged to participate in a dispute resolution procedure before a consumer arbitration board. 10 Q voluntarily participates in the EU's online dispute resolution platform:

https://ec.europa.eu/consumers/odr

14.4 Severability clause

Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose.

14.5 Contract language

The contract language is exclusively German. Translations are for information purposes only and have no legal effect.

15.1 Validity and amendment

These GTC shall enter into force upon publication on the 10 Q website on 03.07.2025 and replace all previous versions.

15.2 Archiving

Earlier versions of the GTC can be viewed on request or made available in text form. Changes are documented transparently in the current version.