ROBERT DIX CHAUFFEUR SERVICE
General Terms and Conditions
63785 Obernburg am Main (bei Frankfurt)
Telephone: +49 (0) 6022 508 7000
Telefax: +49 (0) 6022 508 7001
Date: June 2016
Robert Dix Chauffeur Service (herein after referred to as „RDCS“) is a provider of chauffeur services. Unless otherwise agreed, the following terms and conditions apply to the purchaser, who is also the contractor as defined in § 14 of the German Civil Law Code, for all services carried out by RDCS, in particular for carriage of passengers in shuttle buses, rental coaches, rented cars, journeys with cars or buses and for services in the event management sector. These terms and conditions also apply to all future business relationships, even if they are not explicitly agreed again. The terms and conditions of the purchaser will not be applied, even if it has not been objected to. Deviating or conflicting terms and conditions will only be an integral part of the contract if they are confirmed in writing by RDCS. Statutory rights as defined in § 13 of the Civil Law Code apply to consumers.
§ 1 Completion of contract; services provided
(1) Offers made by RDCS should not be regarded as completion of contract, but as a request to the client to make a binding order. The client can place an order in writing, over the telephone or by using the online form. The offer is valid for two weeks. An order will only be accepted by RDCS in hardcopy form (e.g. letter, email or fax). A verbal order is only binding when confirmed in writing. If the written confirmation differs essentially from the verbal order, this must be clarified by the client before the contract can be completed. If the differences are minor, the written confirmation is binding unless the client confirms otherwise within two working days.
(2) The information in the declaration by RDCS is decisive for the scope of the contractual services. § 2 of this contract is not affected by this. Amendments, modifications or supplements to the contract must be in writing.
The agreed service does not include:
– Supervision of guests, in particular children, youths and people in need of care
– Supervising or checking that property of a customer or his companion, carried in the vehicle or boot or left behind in the vehicle is not damaged or lost
– Supervising luggage when loading or unloading the vehicle
– Information about relevant rules for guests, in particular currency, passport, visa, customs and health regulations and ensuring that guests comply with these regulations.
§ 2 Amendments to the contract
(1) RDCS reserves the right to amend the contractual service if acting in good faith and the amendments are just and reasonable to the client. The client will be informed of the amendments.
(2) Amendments by the client must be agreed in writing by RDCS.
§ 3 Client obligations
(1) When placing an order, the client must supply all relevant information necessary to complete the contract, e.g. location, date, number of passengers, desired vehicle, number of luggage items, etc. Subsequent information and data must be submitted to RDCS in final and binding form within a reasonable time before the contract date. RDCS is under no obligation to examine the accuracy of the given data and documents.
(2) When using RDCS vehicles, the client is obliged to conduct himself in such a manner as the safety and rules of the company demand, not to endanger the safety of himself or the driver and to be considerate of other people. The client is responsible for the behavior of his companions. For security reasons, the instructions of the chauffeur should always be followed. Should the client or a companion not handle the vehicle as per the agreement or not follow a warning from the chauffeur, RDCS has the right to terminate the contract immediately. In this case no separate notice of termination of carriage is required. Verbal notification by the chauffeur will suffice and RDCS is entitled to charge the full amount of the agreed payment.
(3) RDCS must however allow for the costs saved in cancelling the contract or for the driver carrying out other work during this time, or for willfully refraining from carrying out other work. In the case of withdrawal after commencement of travel, RDCS is entitled to a lump sum remuneration of 100%. The client, however, has the possibility to prove that RDCS is entitled to a lower sum. Claims for compensation for damage through non-contractual handling of the vehicle and other recourse claims shall remain unaffected.
(4) Guests who, despite warning, do not follow justified instructions from the chauffeur will be denied carriage if disregard of instructions endangers safety and organization, in particular the safety of other guests or the vehicle, or if for other reasons carriage is unacceptable for RDCS. In these cases, the customer is not entitled to claim against cancellation.
§ 4 Prices, conditions of payment
(1) If not otherwise agreed, prices are exclusive of additional costs incurred during execution of the contract, such as car park fees, tolls, road charges or any prepaid charges for services ordered by the client or his companions. Additional costs arising from changes to the service ordered by the client will also be charged separately. Claims for costs for willful damage or soiling of the vehicle by the client or his companions remain unaffected.
(2) Payment is due immediately on receipt of invoice. Legal regulations apply in the case of delayed payment. Invoices can be paid in cash, by bank transfer to one of the accounts listed on the invoice, payment on delivery, credit card or cheque. Prepayment is also acceptable.
(3) Payment by credit card in the vehicle immediately after the journey is also possible. Mastercard, Visacard & American Express are accepted. The payment is not regarded as settled until RDCS has received the balance due in the invoice. Cash payments in the vehicle are also accepted.
(4) Withholding payment or offsetting payment against claims is only permitted if the claim is indisputable and legally valid.
(5) If payment obligations are not fulfilled, or RDCS becomes aware of circumstances which question the creditworthiness of the client, all claims by RDCS are due immediately. In this case, RDCS is entitled to withdraw from the contract and demand compensation for any damage incurred, unless the client makes advance payment or provides sufficient security.
(6) The client has no right to returned security.
§ 5 Cancellation and cancellation fee
(1) The client has the right to cancel the contract at any time up to the end of the journey. In this case, and in the case of the client not utilizing the services at the agreed time without prior notice, RDCS is entitled to the agreed payment. RDCS must however allow for the costs saved in cancelling the contract or for the driver carrying out other work during this time or for willfully refraining from carrying out other work. If not otherwise agreed, RDCS is entitled to the following payments:
10% cancellation fee 30-15 days before contract begin
25% cancellation fee 14-8 days before contract begin
50% cancellation fee 7-4 days before contract begin
75% cancellation fee from 72 hours before contract begin
100% cancellation fee from 24 hours before contract begin
100% cancellation fee from 24 hours before contract begin
(2) RDCS is entitled to prove that despite consideration of saved costs, a higher charge remains. It is up to the client to prove that RDCS is entitled to lower costs.
(3) Should changes be necessary to the agreed services after the journey commences and these are not reasonable to the client, then he is entitled – irrespective of further claims – to cancel the contract immediately. RDCS can immediately cancel the contract after the journey commences – irrespective of further claims – if providing the agreed services is made considerably more difficult, is endangered or hindered by circumstances caused by the client. In this case, RDCS is obligated to immediately cancel the contract and, if the client wishes, to take him back to the place of departure, although the right to return to the place of departure is only possible by the transport means contractually agreed. Any other termination of agreement for good cause remains unaffected. The right to cancel on the part of RDCS according to § 3 section 2 of this contract also remains unaffected.
§ 6 Liability
(1) For contractual or non-contractual claims, RDCS is only liable for damage caused by deliberate or grossly negligent actions or for damage caused by careless breaches of fundamental contractual obligations. Fundamental contractual obligations are those which enable the contract to be carried out properly and which the client can expect and rely on being observed. If a fundamental contractual obligation is breached, liability is limited to damage which, on signing the contract, is foreseeable and typical for the contract.
(2) § 23 of the Passenger Transfer Act remains unaffected. Liability for damage to property is therefore excluded if the damage per passenger exceeds 1,000.00 Euros and was not caused deliberately or through gross negligence.
(3) § 7 of the Road Traffic Act remains unaffected.
(4) As far as liability of RDCS is excluded or limited, this also applies to the personal liability of legal representatives and assistants of RDCS.
(5) The aforesaid liability limitations do not apply to death, or injuries to body or health or in the case of delivering explicit guarantees.
(6) The client is liable for damage caused to his personal property, if the damage is caused by circumstances brought about by himself.
(7) The carriage of freight is not provided for. Should the client or his companion have luggage, liability is excluded according to section 2 should this luggage be damaged or lost.
§ 7 Delays and failure to provide service
RDCS is not responsible for delays and failure to provide service, even for agreed and binding deadlines and appointments, when this is due to force majeure or because of circumstances which make it considerably more difficult or impossible to carry out the service (this includes, in particular, technical break-downs, emergencies due to the weather, legal restraints, strikes, lockouts, demonstrations, exceptionally high volume of traffic, etc.) RDCS is entitled to postpone the service for the duration of the obstruction plus a reasonable start-up time, or to withdraw fully or partly from that part of the contract which has not yet been fulfilled.
§ 8 Partial invalidity; Place of Jurisdiction; Choice of Law and Jurisdiction; Other
(1) Should any single or aforesaid regulation become void, the effectiveness of the rest of the contract remains unaffected.
(2) If the client is a business man, a legal person under public law or a special fund under public law, the court ofjJurisdiction for all disputes arising directly or indirectly from the contractual relationship is Aschaffenburg, notwithstanding the right of RDCS to appeal to another court of jurisdiction. The same applies if the client is based abroad.
(3) Completion and processing of all contracts is governed by German law. The CISG Treaty is excluded.
(4) These general terms and conditions have been translated into English on the RDCS website due to our international business relationships. In the case of minor deviations in the English translation to the German original text, the German version of the original text always applies.
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