General conditions of transportation
When booking a passenger transport service using MyChauffeur, the following conditions shall be deemed to apply for the transportation of the passenger (hereinafter "USER") by the party obliged to undertake the transportation (hereinafter "PROVIDER") and the conclusion of the contract between PROVIDER and USER:
§ 1 Special booking details
The USER is advised to provide the PROVIDER with certain booking details via MyChauffeur, otherwise the right to refuse transportation exists. In particular, this includes the following information:
- Number of persons to be transported;
- Number of pieces of luggage to be transported;
- Bulky luggage, for example, ski or golf equipment;
- Number and weight of children to be transported. Children up to the age of 12 or a height of up to 150 cm must be seated and strapped into an officially approved child seat due to traffic regulations.
Child seats are supplied by the PROVIDER based on the information given above.
§ 2 Procedure of mediation and transportation
(1) After receipt of the binding booking confirmation, the USER must arrive at the agreed place at the agreed time.
(2) The USER must identify him/herself to the driver through requested individual booking data and must authorise the payment by signing or specifying his/her MyChauffeur PIN number generated specifically for the respective trip at the end of the journey.
(3) Booking changes are to be reported promptly to the PROVIDER via MyChauffeur. In the event of late changes, additional costs will incur (see § 4.1).
(4) Should the PROVIDER be prevented from carrying out the booked trip due to force majeure, the PROVIDER reserves the right to carry out the transportation through a replacement driver and an equivalent replacement vehicle. The USER will be notified by a new confirmation text message and email.
§3 Prices, fees, and payment conditions
(1) As far as the fees for transport services of a rental car company are concerned, by accepting the transportation service on MyChauffeur the PROVIDER is obligated to carry out the trip at the price offered on the platform. The price quoted on MyChaffeur is based on the PROVIDER's price logistics and is a fixed price, in which all other possible fees are included (in particular any fees such as parking, toll, waiting time, etc.).
(2) The fixed price does not cover USER-caused costs which arise due to changes to the route made by the USER (especially extension of the route), additional waiting time and other extras such as additional parking fees, extra luggage and vias (additional pick-ups/stops on the way). Changes to the booking after the defined deadlines may cause additional costs to be incurred (especially for route changes, vias and pick-up time changes, see no. 4.2).
§ 4 Cancellation of transport contracts and the consequences
§ 4.1 Cancellation and re-booking of the trip by the USER
(1) In the case of cancellation and re-booking of the trip with car rental companies, a distinction is made between the cancellation period and the re-booking period:
(1a) The cancellation period is 24 hours before the planned departure time. Before the cancellation period expires, re-booking can be undertaken free of charge. A cancellation, however, costs a processing fee of €1. After the cancellation period has expired, the full fare will be charged. Re-booking is then still possible for a fee of €5 after the cancellation period unless the rebooking period has also expired.
(1b) The re-booking period expires 2 hours before the scheduled departure time. After the booking period has expired, no changes to the booking can be made and the full fare will be charged.
(2) When re-booking the trip, whether before or after the deadlines mentioned above, the fare will be recalculated and a new PROVIDER will be determined. This depends on the re-booking and the availability of the PROVIDER. The USER will be notified immediately of any changes to the re-booking.
(3) No extra costs will be charged for changes in travel time due to delay of a plane, bus or train. The USER must notify the PROVIDER immediately of this delay.
§ 4.2 Late arrival and no-show of the USER
(1) The USER must notify the driver if he/she will be late.
(2) If the PROVIDER is a rental car company, the waiting time costs estimated by the PROVIDER will be charged after the waiting time included in the fare has expired (the duration of waiting time depends on the place of departure and the booking class). In case of a no-show without cancellation, the PROVIDER can charge the USER for the full trip.
§ 4.3 Exceptions
(1) In the case of an unavoidable event (for example, vehicle breaks down, etc.), the PROVIDER reserves the right to use the next best substitute vehicle. In this case, it may happen that booking classes cannot always be met (e.g., taxi instead of business class).
(2) In these exceptional situations, the PROVIDER reserves the right to cancel orders. Any costs already paid will be refunded. A claim for damages or additional claims is excluded.
§ 5 Liability
(1) Except for liability under the Product Liability Act and for injury to one’s life, limbs or health, the PROVIDERS's liability is limited or excluded as follows:
In the case of negligence, the PROVIDER's liability is limited to the replacement of the typical foreseeable damage. The PROVIDER is however only liable for simple negligence if it has violated an obligation of which the fulfilment makes a lawful performance of the contract, in particular a commercially reasonable use of the booking platform, considering the interests of both parties, possible in the first place and to which the USER can rely on the adherence.
(2) The aforementioned restrictions also apply in favour of the PROVIDER's legal representatives and vicarious agents if claims are asserted directly against them.
§ 6 Legal validity of versions in other languages
This document is subject to German law and should be interpreted in accordance with German understanding of the law. It is executed in English and German. In case of deviations between the English and the German version, the German version takes precedence.