General Termsand Conditions
Our general terms and conditions
General Terms and Conditions | AGB
German Limousines Network GmbH & Co. KG
63785 Obernburg am Main
Phone: +49 (0) 6022 508 7000
Fax: +49 (0) 6022 508 7001
Status: June 2016
German Limousines Network GmbH & Co KG (hereinafter referred to as “GL”) is a provider of limousine services. Unless otherwise agreed, the following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to the client, who is also an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), for all services provided by GL, in particular for passenger transportation in shuttle, rental bus or rental car services and for excursions by car or bus, as well as for services in the event management sector. The GTC shall also apply to future business relationships, even if they are not expressly agreed again. The customer’s general terms and conditions shall not apply, even if they are not expressly contradicted. Deviating or conflicting general terms and conditions shall only become part of the contract if they are confirmed in writing by GL. The statutory regulations apply to consumers within the meaning of § 13 BGB.
1. conclusion of contract; service content
- Offers from GL are not to be understood as an offer to conclude a contract, but are intended to invite the client to submit a binding offer (order). The customer can place his order in writing, by telephone or by using the online booking form. The customer shall be bound to a placed order for two weeks. An order is only accepted by GL by declaration on a durable medium (e.g. by letter, email or fax); verbal acceptance is only binding to the extent of the subsequent confirmation on a durable medium. If the content of this declaration deviates significantly from the content of the customer’s order, a declaration of acceptance by the customer is required in order to conclude a contract; in the case of insignificant deviations, the content of the confirmation is binding unless the customer objects to it within 2 working days.
- The details in GL’s declaration are decisive for the scope of the contractual performance. § Section 2 of this contract remains unaffected by this. Additions, amendments or ancillary agreements must be made in writing.
The agreed service does not include
supervising passengers, in particular children, young people and persons in need of assistance supervising or checking the completeness and integrity of items that the customer or an accompanying person brings into the passenger compartment or luggage compartment or leaves behind in the passenger compartment supervising luggage during loading and unloading of the vehicle providing information on the relevant regulations for all passengers, in particular on foreign exchange, passport, visa, customs and health regulations and compliance with the obligations arising from these regulations
2 Changes to services after conclusion of the contract
- GL may change the contractual performance if the circumstances leading to the change in performance have not been brought about by GL in bad faith and the changes in performance are reasonable for the client. The customer shall be informed of the scope of the change.
- Changes in performance by the client require the written consent of GL.
3. obligations of the customer
- When placing the order, the customer must provide all information relevant to the execution of the order, e.g. order location, date, number of persons, desired vehicle, number of pieces of luggage, etc. Subsequently transmitted information and data must be available to GL in a final, binding version within a reasonable period of time prior to the provision of the service. GL is not obliged to check the accuracy of the data or documents provided.
- When using GL’s vehicles, the client must behave in such a way as is required by the safety and order of the company, his own safety, the safety of the driver and consideration for other persons. The customer is responsible for the conduct of the accompanying persons. For safety reasons, the driver’s instructions must always be followed. If the Client or an accompanying person does not handle the vehicle in accordance with the contract, GL may terminate the contract with immediate effect if the Client or the accompanying person does not respond appropriately to a warning from the chauffeur. In this case, the termination of the transportation does not require a separate written notification and can be pronounced verbally by the chauffeur. In this case, GL is entitled to demand the agreed remuneration in full. However, GL must allow credit for any expenses it saves as a result of the termination of the contract or acquires or maliciously refrains from acquiring through other use of its labor. In such cases of withdrawal after commencement of the journey, GL may apply a lump sum of 100% to calculate the claim for remuneration, but the client may prove that GL is entitled to less remuneration. This shall not affect the claim for compensation for damage caused by the non-contractual handling of the vehicle provided or any other recourse claims.
- Passengers who do not comply with the driver’s reasonable instructions despite being warned may be excluded from transportation if disregarding the instructions endangers safety and order, in particular if the integrity of other passengers or the vehicle is endangered or if GL cannot reasonably be expected to continue transportation for other reasons. In such cases, the customer shall not be entitled to withdraw from the contract.
4. prices; terms of payment
- Unless otherwise agreed, the prices are exclusive of incidental costs incurred in the course of carrying out the order, such as parking costs, tolls, road and ferry charges and all expenses incurred in advance, which are ordered separately by the customer or his accompanying persons in the course of providing the service. Additional costs incurred due to changes in performance on the part of the customer shall also be charged separately. The assertion of costs resulting from damage to or contamination of the vehicle caused by the customer or an accompanying person remains unaffected.
- Invoices are due for payment immediately upon receipt. The statutory regulations regarding the consequences of late payment shall apply. Invoices are payable in cash, by bank transfer to one of the bank accounts specified on the invoice, by cash on delivery, credit card or by crossed check. Prepayment is also permitted.
- The withholding of payments due to or offsetting against counterclaims of the customer shall only be permissible if these counterclaims are undisputed or have been legally established.
- Non-compliance with the terms of payment or circumstances which become known to GL after the conclusion of the respective contract and which give rise to justified doubts as to the solvency of the client shall result in all claims of GL becoming due immediately. In this case, GL shall be entitled to withdraw from the contract and demand compensation for the damage incurred by it as a result, unless the customer makes advance payment or provides sufficient security.
- The customer has no right to withhold security deposits.
5. termination; cancellation fee
- The customer may terminate the contract at any time up to the completion of the journey. In this case and also in the event that the client does not make use of GL’s services at the agreed time of provision without notification, GL shall be entitled to demand the agreed remuneration. However, GL must allow credit for any expenses it saves as a result of the termination of the contract or acquires or maliciously refrains from acquiring through other use of its labor. GL may charge the following flat rates, unless otherwise agreed:
- 10% if canceled 30-15 days before provision
- 25% if canceled 14-8 days before provision
- 50% if canceled 7-4 days before provision
- 75% if canceled 72 hours or more before provision
- 100% if canceled 24 hours before provision
- 100% if canceled 24 hours before provision
- GL may prove that a higher amount remains despite offsetting saved expenses. The client shall in any case be entitled to prove that GL is entitled to a lower remuneration.
- If changes to the agreed services become unavoidable after the start of the journey and if these are unreasonable for the customer, then he is entitled – without prejudice to further claims – to terminate the contract extraordinarily. GL may – without prejudice to further claims – terminate the contract extraordinarily after commencement of the journey if the provision of the agreed service is considerably impeded, jeopardized or impaired by circumstances for which the client is responsible. In such cases of extraordinary termination, GL is obliged to transport the client back to the place of departure at the client’s request, whereby this right to return transportation only exists if the contractually agreed means of transport is used. Any other termination for good cause remains unaffected by this. GL’s right of termination pursuant to § 3 para. 2 of this contract also remains unaffected by this.
- GL shall only be liable for contractual or non-contractual claims for damages caused by intentional or grossly negligent acts and for damages resulting from slightly negligent breaches of material contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of this contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer therefore relies and may rely. In the event of a breach of a material contractual obligation, liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
- Section 23 PBefG remains unaffected. Liability for damage to property is therefore generally excluded if the damage per transported person exceeds EUR 1,000.00 and is not due to intent or gross negligence.
- 7 StVG remains unaffected.
- Insofar as GL’s liability is excluded or limited, this shall also apply to the personal liability of GL’s legal representatives and vicarious agents.
- The above limitations of liability shall not apply in the event of injury to life, limb or health or in the event of the assumption of express guarantees.
- The customer shall be liable for damage caused by items brought along by the customer if the damage is due to circumstances for which the customer is responsible.
- The transportation of freight is not intended. If the customer or his accompanying persons are carrying luggage, liability for damage to or loss of the luggage shall be limited in accordance with para. 2 excluded.
7. delays in performance and loss of performance
GL shall not be responsible for delays in performance and service failures due to force majeure or due to events that make performance significantly more difficult or impossible for GL (including, in particular, technical breakdowns, weather-related emergencies, legal requirements, strikes, lockouts, demonstrations, unusually high traffic volumes, etc.), even in the case of bindingly agreed deadlines and dates. They entitle GL to postpone performance for the duration of the hindrance plus a reasonable start-up period, or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
8. partial invalidity; place of jurisdiction; choice of law; miscellaneous
- Should any of the above provisions be invalid, this shall not affect the validity of the contract concluded.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Aschaffenburg; this shall not affect GL’s right to file suit at another existing place of jurisdiction. The same applies if the customer is domiciled abroad.
- German law applies to the conclusion and execution of all contracts. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
- Due to our international business relations, these GTC can also be found translated into English on GL’s English homepage. In the event of deviations in the content of the English translation from the German original text, only the version of the German original text shall apply.
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