Terms and conditions

General Terms and Conditions of Business, Booking, and Transportation NEST Mobility GmbH ("Nox")

These General Terms and Conditions of Business, Booking, and Transportation (“GTC”) apply to the use of the website www.noxmobility.com (the “Website”) as well as to the booking and fulfillment of train trips with NEST Mobility GmbH, Rudi-Dutschke-Straße 23, 10969 Berlin (“Nox,” “we”). Part A of these Terms and Conditions governs the terms of business and booking, and Part B governs the terms of carriage for train trips operated by Nox.

Part A – General Terms and Conditions of Business and Booking

1. Scope of Application, Contracting Parties

1.1 These Terms and Conditions of Business and Booking apply to the use of the website and to the booking of train travel with Nox. 1.2 The contracting party for the booking of trips (ticket sales) and the use of the website is NEST Mobility GmbH, Rudi-Dutschke-Straße 23, 10969 Berlin (“Nox”). 1.3 It is not permitted to use the website for commercial or non-private purposes. The automated extraction of data from the website for commercial purposes (screen scraping) is prohibited.

2. Conclusion of the Contract

2.1 The display of routes and prices on the website does not constitute a legally binding offer, but rather an invitation to the user to submit an offer. By clicking the “Book” or “Proceed to Payment” button, the user submits a binding offer to enter into a contract of carriage. 2.2 The contract of carriage is concluded as soon as Nox has accepted the booking by issuing a booking confirmation. This may be sent together with the automated confirmation of receipt or separately at a later time. 2.3 One ticket is issued per person per trip. All personal data required to complete the booking must be provided during the booking process. 2.4 Since the contract of carriage is a contract for the transportation of persons, consumers are not entitled to a statutory right of withdrawal under § 312g of the German Civil Code (BGB); this applies regardless of whether the booking is made online, by telephone, or by any other means. The contractual provisions regarding cancellation and rebooking set forth in Section 4, as well as the statutory passenger rights set forth in Part B, Section 8 of these Terms and Conditions, remain unaffected by this. 3. Payment

3.1 The fare must be paid at the time of booking using the payment methods offered on the website. 3.2 The customer is entitled to set off claims only if his counterclaims have been legally established or are undisputed or acknowledged by Nox. A right of retention exists only to the extent that the counterclaim is based on the same contractual relationship.

4. Cancellation and rebooking

4.1 Nox offers the “Basic” and “Flex” fare options. Cancellation of a reservation by the passenger entitling the passenger to a (partial) refund of the fare is governed by the provisions of sections 4.2 through 4.5 below. 4.2 If the passenger cancels before the scheduled departure, the fare will be refunded minus a cancellation fee. The amount of the cancellation fee depends on the fare class booked and the time of cancellation prior to the scheduled departure, as follows:

a) "Basic" fare: 

• 10% for cancellations made 30 days or more before departure;

• 25% for cancellations made between 30 and 7 days before departure;

• 50% for cancellations made between 7 and 1 day before departure;

• 75% for cancellations made between 1 day and 3 hours before departure.

b) "Flex" fare: 

• 0% (no cancellation fee) up to 3 hours before departure. Cancellations are not permitted within 3 hours of departure.

If the time of cancellation falls exactly on one of the aforementioned deadlines, the schedule that is more favorable to the passenger applies.

4.3 The passenger may no longer cancel or change the reservation less than 3 hours before the scheduled departure. If no cancellation or change is made by this time, the reservation expires without replacement, and no refund of the fare will be issued. Additional services (such as bicycle transport, pets, bedding, or pre-ordered food and beverages) will always be fully refunded to the passenger in the event of a cancellation, regardless of the cancellation fee charged on the fare in accordance with Section 4.2. 4.4 If the passenger wishes to rebook their reservation to a different connection, the sliding scale specified in Section 4.2 applies accordingly to the rebooking fee ( “Basic” fare: 10% to 75%, depending on the time of rebooking prior to departure; “Flex” fare: 0%). Rebooking is no longer possible less than 3 hours before the scheduled departure. If the fare for the new route exceeds that of the original booking, the difference must be paid; if it is lower, no refund of the difference will be issued. 4.5 The passenger’s statutory claims, in particular the passenger rights set forth in Part B, Section 8 of these Terms and Conditions, remain unaffected by a cancellation or rebooking by the passenger.

5. Customer Account

5.1 A reservation can be made either as a guest or through a registered customer account. 5.2 The user is responsible for maintaining the confidentiality of their login credentials and is liable for any activities carried out through their customer account, to the extent that they are responsible for such activities. 5.3 The user may voluntarily save a payment method in their customer account to expedite future bookings. Saving a payment method requires that the user explicitly confirm, by checking a box, that they have read these Terms and Conditions and agree to them. The user may delete or change a saved payment method at any time in their customer account.

6. Prohibited Use

6.1 Commercial use, in particular the resale of tickets, is not permitted. In the event of a violation, Nox may block tickets and assert claims for damages. 6.2 In the event of a criminal offense, such as fraud or deception, in connection with the purchase, return, or transfer of tickets, Nox is entitled to close the affected customer account and declare the affected tickets invalid.

7. Jurisdiction

7.1 The place of jurisdiction for merchants, legal entities, and persons without a general place of jurisdiction in Germany is Berlin.

Part B – General Conditions of Carriage

1. Scope of Application

1.1 These Conditions of Carriage apply to the transportation of passengers on Nox trains. 1.2 In addition, Regulation (EU) 2021/782 on the rights and obligations of rail passengers, as well as the applicable railway regulations, apply.

2. Right to Promotion

2.1 The right to transportation is governed by the transportation contract entered into and entitles the passenger to travel between the origin and destination specified on the ticket. 2.2 The booking confirmation, whether printed or presented in electronic form, serves as a valid ticket when accompanied by the passenger’s valid government-issued photo ID. 3. Passenger Responsibilities

3.1 Passengers must make a valid reservation before boarding and, upon request by the train crew, present their ticket and a valid photo ID. 3.2 Passengers must follow the instructions of the train crew. The crew is authorized to deny transportation to persons who are significantly intoxicated or under the influence of drugs, or who significantly jeopardize the safety or well-being of other passengers.

4. Seating

4.1 If a seat reservation has been made, it will be listed in the booking confirmation. 4.2 Nox may reassign seats for operational or safety reasons, even after the trip has begun.

5. Start of the trip

5.1 Passengers are advised to arrive at the departure location in a timely manner, generally 15 minutes before the scheduled departure time. 5.2 If the passenger is not present at the departure location for the booked trip at the scheduled departure time, the right to transportation for that trip is forfeited. 5.3 If the passenger has been informed of a delayed departure, the right to transportation is forfeited only from the notified delayed departure time if the passenger is not present.

6. Children and Minors

6.1 Children and minors under the age of 10 may only be transported if they are accompanied by an adult during the trip. 6.2 Children and minors between the ages of 10 and 14 may travel unaccompanied only if a legal guardian has confirmed in writing during the booking process that the minor is capable and able to undertake the trip alone and unsupervised. In this case, Nox expressly assumes no duty of supervision toward the minor. 6.3 Adolescents aged 14 and older may travel unaccompanied.

7. General Obligations of Passengers

7.1 Smoking is not permitted on the train, including the use of electronic cigarettes. 7.2 The passenger is liable for any damage he or she culpably causes to the train. 7.3 Nox may terminate the contract of carriage without notice if, despite a warning, the passenger behaves in such a disruptive manner that it is no longer reasonable for Nox and/or the other passengers to continue the journey. The same applies if the passenger fails to comply with objectively justified instructions, such as safety instructions. In this case, Nox remains entitled to the fare.

8. Passenger Rights in the Event of Delays, Cancellations, and Missed Connections

8.1 In the event of a delay, cancellation, or missed connection, the passenger is entitled to the rights set forth in Chapter IV of Regulation (EU) 2021/782, in particular: (a) the right to a refund of the fare or to continued travel under comparable conditions if the expected delay at the destination is 60 minutes or more; (b) the right to compensation amounting to 25% of the fare in the event of a delay of 60 to 119 minutes and 50% of the fare in the event of a delay of 120 minutes or more; (c) the right to free meals and refreshments, as well as, if an overnight stay becomes necessary, to free lodging and transportation to the lodging, in each case within the limits prescribed by law. 8.2 Nox is exempt from the obligation to pay compensation to the extent that the delay, cancellation, or missed connection is due to extraordinary circumstances, the passenger’s fault, or the conduct of third parties within the meaning of Article 19(10) of Regulation (EU) 2021/782. 8.3 Any further legal claims of the passenger remain unaffected. 8.4 Passengers with Disabilities or Limited Mobility

Nox transports passengers regardless of whether they have a disability or reduced mobility. Reservations and tickets are offered to passengers with disabilities or reduced mobility at no additional cost. Passengers with a disability or reduced mobility will be provided with assistance with boarding, alighting, and transferring upon request, provided that Nox has been notified of the need for assistance in accordance with legal requirements, currently no later than 24 hours before the start of the trip. Service dogs are permitted to accompany the passenger in accordance with applicable legal regulations. If Nox causes the loss of or damage to mobility aids, assistive devices, or service dogs belonging to passengers with a disability or reduced mobility, Nox will immediately provide compensation in accordance with legal requirements.

Passenger Information, Complaints, and Service Quality

Nox informs passengers at the time of booking, as well as on its website, at the station, and on the train, about their rights and obligations under Regulation (EU) 2021/782 and about the relevant national enforcement body. 8.5 For complaints regarding the rights and obligations under Regulation (EU) 2021/782, passengers may use the Nox contact information provided in Section 1.2 of these Terms and Conditions. Complaints must be submitted within three months of the incident in question; Nox will respond to complaints within one month of receipt or inform the passenger of a later response date. 8.6 If a complaint is not addressed within the statutory time limit or is not resolved to the passenger’s satisfaction, the passenger may contact the competent national enforcement authority under Regulation (EU) 2021/782.

9. Liability

9.1 Nox is generally liable to the passenger only in cases of willful misconduct or gross negligence; in cases of breach of material contractual obligations (cardinal obligations) and in cases resulting in death, bodily injury, or harm to health, NOX is also liable in cases of slight negligence. The obligations toward the passenger under Regulation (EU) 2021/782 remain unaffected. 9.2 Nox is liable for the death or injury of a passenger and for damage to property that the passenger is wearing or carrying in accordance with generally applicable provisions. 9.3 Essential contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party regularly relies and is entitled to rely. In the event of a breach of essential contractual obligations, however, liability for damages is limited to typical, foreseeable damages. 9.4 The passenger, or the passenger transporting the animal or item, is liable for damage to the vehicle caused by the passenger or by animals or items carried on board. The passenger must reimburse the costs incurred. 9.5 Except in cases of willful misconduct, gross negligence, or a breach of material contractual obligations, liability for property damage to any passenger is limited to a maximum amount of €1,500. 9.6 The provisions of the Liability Act (HPflG) and Regulation (EU) 2021/782 remain unaffected in all other respects.

10. Final Provisions

10.1 Nox’s booking services are intended exclusively for individuals who are at least 18 years of age. 10.2 The laws of the Federal Republic of Germany apply exclusively. If you made the booking as a consumer and have your habitual residence abroad at the time of booking, the application of mandatory legal provisions of the country in which you have your habitual residence remains unaffected by the choice of law set forth in the first sentence. 10.3 If you are a merchant and have your registered office in Germany at the time of booking, the exclusive place of jurisdiction is Berlin. In all other respects, the statutory provisions governing local and international jurisdiction shall apply. 10.4 Should any individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. Any invalid provisions shall be replaced by valid provisions that most closely reflect the intent and purpose of this provision.

As of September 2026 ***