General Travel Terms and Conditions of Daimler AG

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1 Please observe these General Travel Terms and Conditions, which are sent to you prior to booking and become an integral part of the contract when the travel agreement is concluded. These provisions supplement Sec. 651 a 651 m BGB [ Bürgerliches Gesetzbuch : German Civil Code] as well as the provisions of Secs BGB InfoV (German directive governing duties to provide information and documentation in accordance with civil law). We urgently recommend taking out travel cancellation insurance and travel interruption insurance to cover the costs of repatriation in the event of an accident or illness. 1. Concluding the Travel Agreement 1.1 By registering, the customer makes the tour operator a binding offer to conclude a travel agreement. This offer is based on the travel package descriptions and supplementary information provided by the operator for the relevant trip. The relevant form should be used for registration. 1.2 The registration of the customer covers all co-travelers. The customer is responsible for their contractual obligations as well as his/her own insofar as he/she has assumed this responsibility through a separate, explicit declaration. 1.3 The travel agreement is concluded upon receipt of the tour operator s notification of acceptance, which may take any form. Once the contract has been concluded, the tour operator shall send the customer written confirmation of travel. If the content of the booking confirmation deviates from the content of the registration, this shall constitute a new offer from the tour operator which shall be binding for ten days. The contract shall be concluded on the basis of the new offer if the customer accepts the offer within this period. 1.4 Since experience has shown that only a small number of spaces for participants are available to satisfy a large number of booking requests, it is to be expected that not every customer will be able to get the requested places. Customers are asked to understand that no reasons can be given for the failure to conclude a travel agreement. 2. Payment 2.1 The full amount must be paid no later than 28 days before departure provided your trip is certain to go ahead as booked and can no longer be cancelled for the reasons given in Section 7 in return for the handover of the complete travel documentation. The operator has taken out insolvency insurance with R+V Allgemeine Versicherung AG to protect customers money. The bond certificate is printed on the reverse of the confirmation, or will be provided separately. Sec. 651 k III BGB requires that a bond certificate is to be issued for any payments made before travel commences. 2.2 If due payments are not paid in part or in full, and if the customer defaults payment despite receiving a written reminder stating a period of grace, the operator shall be entitled to withdraw from the agreement unless a material defect has already been identified in the trip. Daimler AG shall be entitled to demand cancellation fees as compensation in accordance with Section Compensation for cancellations, handling fees, rebooking costs and insurance premiums shall be due immediately upon billing. 2.4 The customer must contact the tour operator if he/she has not received the travel documentation seven days prior to departure at the latest. It is in the customer s own interest to inspect the travel documents carefully upon receipt. 3. Performance 3.1 The performance specifications (e.g. in a prospectus, flyer or the internet) and any related information provided in the booking confirmation determine the scope of performance under the present agreement. Ancillary agreements that alter the scope of contractual performance must be expressly confirmed by the operator. The operator may change the performance specifications at any time before the contract is concluded, and the customer must be informed of any changes.

2 3.2 Since July 16, 2006, EU Regulation (EC) 2111/2005 requires the operator to notify the customer of the identity of the air carrier for all air transportation services to be provided in connection with the booked trip upon booking. If a carrier has not yet been finalized at the time of booking, you will be notified of the carrier that is likely to service the flight. You will be notified as soon as the identity of the carrier has been finalized. If the carrier is changed after the booking has been made, you will be informed of the change as quickly as possible. The public list of air carriers banned from operating in the EU can be found at 4. Changes to Price and Performance 4.1 Changes or deviations in individual travel services from the content of the travel agreement are permitted if they are not brought about in bad faith by the operator, are not substantial, and do not affect the overall nature of the booked travel. This does not affect claims under warranty if the changed services are defective. 4.2 The tour operator must notify the traveler without delay of a permissible change to a material travel service as soon as the reason for the change becomes apparent. 4.3 In the event of a substantial change to a material travel service, the customer shall be entitled to either withdraw from the contract or demand a replacement trip of at least equal value provided the operator is able to offer such a trip at no extra cost to the customer. 4.4 The customer must exercise his/her rights under Section 4.3 without delay following notification by the operator. 4.5 The tour operator reserves the right to change the prices advertised and confirmed upon booking after the contract has been concluded in the event of increased transportation costs or increases in charges for particular services such as harbor or airport fees, as follows: In the event of increases in the cost of transportation relative to the time when the contract is concluded, including but not limited to fuel costs, the operator shall be entitled to raise the price of the trip in accordance with the following calculation: a) If the increase is specific to the seat, the operator may demand the full amount of the increase from the traveler. b) In all other cases, the increased transportation costs charged by the transportation company for each mode of transportation shall be divided by the number of seats in the agreed mode of transportation. The tour operator may charge the customer the resulting increase for the individual seat If the amounts charged to the operator at the time the travel agreement is concluded (such as harbor or airport fees) are raised, the price of the trip may be raised by the corresponding prorated amount An increase is only permissible if there are more than four months between the conclusion of the contract and the agreed date of travel, and the circumstances resulting in the increase had not yet arisen and could not be foreseen by the operator at the time the contract was concluded. 4.6 A price increase may only be charged at least 21 days before the agreed date of departure. The operator must notify the traveler of any price increases without delay as soon as they become apparent. 4.7 In the event of price increases of more than 5% of the total price of the trip, the traveler shall be entitled to withdraw from the contract free of charge or demand a replacement trip of at least equal value, provided the tour operator is able to offer such a trip at no extra cost to the traveler. Section 4.4 applies mutatis mutandis.

3 4.8 Permissible reasons for adjusting the price before the contract is concluded include, but are not limited to, the following: a) Due to an increase in transportation costs or charges for certain services such as harbor or airport fees, occurring after the prospectus was published b) If a package trip requested by the customer and advertised in the prospectus can only be offered by purchasing additional contingents following the publication of the prospectus. The tour operator and the traveler may agree to a performance that differs from the information given in the prospectus. 5. Cancellation by Customer, Designation of Replacement Traveler 5.1 The customer may cancel the trip at any time before travel commences. Cancellation shall be effected by receipt of the notice of cancellation by the tour operator. The tour operator s contact details are given in Section 15. We recommend that the customer give notice of cancellation in writing, while at the same time returning any travel documents already received. 5.2 Prior to the date of departure, the traveler may demand that a third party assume the rights and obligations in connection with the travel agreement in his/her stead. The tour operator may veto the involvement of the third party if he/she does not meet the particular requirements of the trip or if his/her participation is prevented by statutory provisions or official directives. If a third party enters into the contract, he/she and the registered participant shall be jointly and severally liable for the price of the trip and any additional costs incurred as a result of the involvement of the third party. If the customer withdraws from the travel agreement or if he/she does not embark on the trip, and if no third party has entered into the present agreement, the tour operator shall lose its claim to the price of the trip. Instead, it may demand compensation for the travel preparations already carried out and expenses already incurred, provided it is not responsible for the cancellation or failure to embark on the trip, and in the absence of force majeure. Saved expenses and the alternative use of travel services are usually taken into account when calculating compensation. A fixed rate may be agreed as compensation. The timing is determined by the receipt of the customer s written notice of cancellation by the operator. If the customer is of the opinion that a reduced or even no loss was incurred due to savings or the alternative use of travel services, he/she is at liberty to provide corresponding substantiation. However, if he/she does not provide such substantiation, he/she shall be obliged to pay the amount calculated on the basis of the fixed rates given below. 5.3 The fixed cancellation fees are as follows for each registered participant: When travelling to the destination independently: Up to 31 days prior to departure: 20% of the price of the trip From 30 days prior to departure: 35% of the price of the trip From 22 days prior to departure: 50% of the price of the trip From 15 days prior to departure: 60% of the price of the trip From 3 days prior to departure or if travel not commenced: 80% of the price of the trip The above provision notwithstanding, the cancellation fees for trips including air travel to the destination are as follows: Up to 31 days prior to departure: 25% of the price of the trip From 30 days prior to departure: 40% of the price of the trip From 22 days prior to departure: 55% of the price of the trip From 15 days prior to departure: 75% of the price of the trip From 3 days prior to departure or if travel not commenced: 90% of the price of the trip 5.4. The operator reserves the right to charge specific compensation instead of the above fixed rates if it can substantiate that it has incurred significantly higher costs than the applicable fixed rate. In this case, the tour operator is required to quantify and substantiate the compensation being demanded taking saved expenses and any alternative use of travel services into account. This does not affect the customer s right to designate a replacement participant. 6. Unutilized Services If the traveler does not utilize individual travel services as a result of curtailing the trip or for other important reasons, the operator shall attempt to reclaim the expenses spared from the service providers. This obligation shall not apply to utterly immaterial services or if the reimbursement is prevented by statutory or official regulations. The operator is entitled to retain

4 20% of the reimbursed amount as compensation for additional expenses. The customer may still demonstrate that lower costs were incurred. 7. Cancellation and Termination by Tour Operator 7.1 The tour operator may withdraw from the travel agreement before travel commences or terminate the travel agreement following the commencement of travel in the following cases: Without notice if the traveler persistently disrupts the implementation of the trip despite receiving warnings from the operator, or if he/she breaches the provisions of the agreement to the extent that the operator is justified in revoking the agreement with immediate effect. The operator shall still have a claim to the full price of the trip. The instigator of the disruption shall bear any additional costs incurred for the return transport. However, the operator must allow the value of any saved expenses or benefits from the alternative use of unutilized services to be offset, including reimbursements from service providers If the trip description and booking confirmation include an explicit reference to a minimum number of participants, the operator may withdraw at least 28 days before departure upon receipt of this notification if the minimum number of participants is not reached. The amount already paid by the traveler shall be reimbursed without delay. 7.2 The operator shall notify the customer without delay if it becomes apparent at an earlier date that it will be impossible to carry out the trip. 7.3 If the tour operator terminates the travel agreement in accordance with Section 7.1.2, the customer shall be entitled to demand a replacement trip of at least equal value provided the operator is able to offer such a trip at no extra cost to the customer. The customer must exercise this right without delay following notice of cancellation by the operator. If the customer waives his/her right to a trip of equal value, he/she shall be reimbursed the price paid for the trip. 8. Revocation of Agreement Due to Unusual Circumstances Force Majeure 8.1 The operator refers to the wording of Sec. 651 j BGB with regard to the termination of the travel agreement in cases of force majeure. 8.2 The customer can access German Foreign Office travel advice on the internet at or by calling +49 (0) Warranty and Duty to Cooperate 9.1 If a travel service is not provided or not performed in accordance with contractual provisions, the customer may demand redress. The operator can also offer redress by providing a replacement service of equal or higher value. The operator may refuse redress if it would incur an unreasonable expense. 9.2 The customer may demand a reduction in the price of the trip relative to the duration of the failure to implement the trip in accordance with the provisions of the contract. This reduction shall not apply if the traveler culpably fails to report the defect without delay. 9.3 If a trip is materially impacted by a defect and if the operator fails to offer redress within a reasonable period stipulated by the customer, the customer may terminate the travel agreement in accordance with the statutory provisions (preferably in writing). The same applies if the traveler cannot reasonably be expected to embark on the trip due to a defect for good cause that is apparent to the operator. A deadline for redress need not be set only if redress is impossible, the tour operator refuses redress or the immediate termination of the agreement is justified by a special interest of the traveler. If the agreement is later revoked, the customer retains the right to return transportation and shall owe the operator the portion of the price attributable to the services already received provided said services were not of absolutely no value to him/her. 9.4 Notwithstanding reduction or termination, the traveler may demand compensation for non-performance unless the defect in the trip results from a circumstance for which the operator is not responsible.

5 9.5 In the event of disruptions to services, the customer is obliged to cooperate in order to prevent or minimize damages in accordance with statutory provisions. 9.6 If the customer has any complaints he/she must contact the local branch office which will attempt to offer redress. If the customer fails to report identified defects to the branch office he/she shall not have any claim to reduction or compensation at a later date. If the operator has not made use of a local representative and if no representative is required by contract, the customer shall be obliged to notify the operator of the complaint without delay and seek redress directly. The operator can be contacted at the address given in Section If the branch office is unable to remedy the customer s complaints, the customer should write a letter concerning their complaint. However, the act of composing the letter does not replace the requirement to assert claims within one month. 10. Limitation of Liability 10.1 Notwithstanding reduction or termination, the traveler may demand compensation in the event of a defect unless the defect in the trip results from a circumstance for which the operator is not responsible. The traveler may also demand compensation for any vacation taken if the trip is impeded or substantially limited Contractual liability: The tour operator s contractual liability is limited to three times the price of the trip provided the damages suffered by the traveler (excluding physical injury) are the result of neither willful intent or gross negligence, and insofar as the operator is responsible for damages suffered by a traveler solely as a result of a fault on the part of a service provider Liability in tort: Liability for damage to property is limited to three times the price of the trip unless claims are based on willful intent or gross negligence. The above limits on liability apply per traveler per trip. Any more extensive claims under the Montreal Convention or air traffic law are not affected by this limitation The operator is not generally liable for third-party services that do not form part of the booked trip (e.g. day trips, sports etc.). These kinds of additional services can be offered by the local agency or the hotel, at their own initiative. Even if these services are offered by a representative acting on behalf of the operator, these are third-party services for which the local service provider is liable and not the operator. If such third-party services are brokered, any liability on the part of the operator for brokerage errors is excluded in the absence of willful intent or gross negligence. The operator s liability is limited to the services listed in the booking confirmation. However, the tour operator is liable a) for services relating to transportation from the advertised starting point of the trip to the advertised destination, as well as intervening transportation and accommodation during the trip b) if and to the extent that damages incurred by the customer are caused by a breach of the operator s duties to notify, provide information or organize 11. Exclusion of Claims and Limitation Period 11.1 The traveler must assert all contractual claims based on the failure to implement the trip in accordance with the provisions of the contract within one month of the end date of the trip as provided for by the contract. Claims may only be asserted against the tour operator during the aforementioned period at the following address: Daimler AG, Mercedes Benz Classic Club Management, HPC R051, Stuttgart Tel.: +49 (0) 711 / , Fax: +49 (0) 711 / We recommend asserting claims in writing. Once the limitation period has expired, the traveler may only assert claims if he/she was prevented from complying with the period of limitation through no fault of his/her own. Please refer to Section 12.2 with regard to the reporting of damage to baggage, the delayed delivery of baggage or the loss of baggage.

6 11.2 Claims accruing to the traveler in accordance with Sec. 651 c to 651 f BGB expire after one year unless they are contractual claims for damages pursuant to Secs. 651 c to 651 f BGB based either on compensation for injury to the traveler s body or health due to a defect for which the tour operator is responsible, or on gross culpability on the part of the tour operator or one of its vicarious agents. Such claims expire after two years Claims based on tort expire after three years The period of limitation begins on the day after the day on which the trip is supposed to end in accordance with the contract. If the traveler asserts claims, the period of limitation is interrupted until the day on which the operator refuses to continue negotiations or rejects the claims in writing. Claims may not expire until at least three months after the end of the interruption. 12. Baggage, Loss of Baggage and Damage to Baggage 12.1 Baggage for Air Travel Each paying guest may take up to 20kg of baggage at no extra cost Damage to or the loss of surrendered baggage must be reported immediately to the carrier upon arrival (at the airport), or within seven days at the latest, using a property irregularity report (PIR). The customer should bear in mind that the carrier s terms and conditions of transportation apply. No claim can be asserted against the carrier without a copy of the PIR. The liability of the carriers is limited depending on the weight of the luggage entered on the flight ticket when it is surrendered. The customer must provide the flight ticket and baggage tag in order to assert a claim. Confirmation from a representative or other person not acting on behalf of the carrier is meaningless. Claims relating to delayed baggage must be reported to the relevant carrier in writing within 21 days using a PIR. The passenger bears the risk for any money, valuables, technical devices or medications in surrendered baggage. The loss, damage or misdirection of baggage must be reported to the representative or local branch office of the operator immediately Special baggage (sports equipment, wheelchairs etc.) may be transported by the relevant carrier if it is registered in advance, potentially for a surcharge. Transportation prices are to be requested from the carrier, which bears sole responsibility for organizing and implementing transportation as well as collecting payment. Transporting the special baggage from the destination airport to the hotel and back is the sole responsibility of the passenger. 13. Passports, Visas, Health Regulations, Customs 13.1 The tour operator is responsible for ensuring that citizens of the EU member state in which the trip is being offered are informed of passport, visa and health regulations and any changes to them before travel commences. The relevant consulate shall inform citizens of other countries The operator is not liable for the prompt issuance and delivery of visas by the consulate in the event that you have charged it with obtaining a visa, unless the operator itself is responsible for any delay The traveler is responsible for compliance with all regulations that are important for the implementation of the trip. All disadvantages arising from failure to comply with this provision, including but not limited to cancellation charges, shall be borne by the customer unless they are the result of culpable misinformation or failure to provide information on the part of the operator. We recommend carrying appropriate documents / declarations of consent with you if you are bringing children who are not your own or who have different surnames to one or both of their parents The traveler should learn about vaccination and protection against infection as well as other prophylactic measures in god time, including obtaining advice from a doctor if necessary. We refer you to generally available information, particularly from health authorities, physicians with experience in the field of medical treatment for travelers, tropical disease specialists, medical travel information services or the German Federal Center for Health Education (Bundeszentrale für gesundheitliche Aufklärung) Customs and currency exchange regulations are strictly enforced in many countries. The customer alone is responsible for compliance with these regulations.

7 14. Data Protection Any personal data provided to the operator by the customer is processed and used by computer to the extent that it is required for the performance of the contract. 15. Court of Competent Jurisdiction and Validity 15.1 The parties agree to the application of the law of the Federal Republic of Germany, and the competence of the German courts. This applies to the entire legal relationship If German law does not apply to suits brought by the customer against the operator in other countries, it shall apply exclusively to the legal consequences including but not limited to the nature, scope and extent of the customer s claims The traveler may only bring a lawsuit against the operator at the operator s domicile. The customer s domicile is definitive for suits brought by the operator against the customer. The courts of the tour operator s domicile shall have jurisdiction over suits brought against customers or contracting partners of the tour operator who are fully qualified merchants or for persons with no general court of competent jurisdiction in Germany as well as persons who transfer their domicile or habitual abode to another country following the conclusion of the contract, or whose domicile or habitual abode is unknown at the time that the suit is brought However, the above provisions shall not apply a) If and to the extent mandatory provisions of international treaties that apply to the travel agreement between the customer and the tour operator provide for something different to the benefit of the customer, or b) If and to the extent applicable, mandatory provisions in the EU member state of which the customer is a citizen are more favorable to the customer than the above provisions or the corresponding German provisions 15.5 All information provided in the prospectus is current at the time of printing in May Changes may be made to this information up to the time the contract is concluded. The invalidity of individual provisions of the travel agreement shall not affect the validity of the remaining provisions. The same applies to the present Travel Terms and Conditions. Tour operator: Daimler AG Mercedes-Benz Classic Club Management HPC R Stuttgart HR Stuttgart Commercial Register No.: Tel.: +49 (0) 711 / Fax: +49 (0) 711 /