General terms and conditions of MyChauffeur GmbH
(hereinafter: Limousine Service)
The following terms and conditions apply to all contracts for the rental of sedans and all related ancillary services. The renter expressly acknowledges these terms and conditions by signing an order confirmation, by sending an email or by placing an order via the online form on the following website: www.mychauffeur.com
Deviating terms and conditions of contractors are hereby expressly excluded by the Limousine Service.
2. Realisation of a contract
Effective rental contacts only come about through written confirmation by the Limousine Service. Changes and additions as well as ancillary agreements are only valid if they have been confirmed in writing by the Limousine Service. If orders are executed in favour of a third party, the contract shall be deemed to have been concluded with the client and, in case of doubt, the corresponding fee shall be paid by the client. All offers made by the Limousine Service are non-binding. For the fulfilment of written requirements, faxes and emails are also deemed to be sufficient.
3. Cancellation by the client/rescission by the Limousine Service
Cancellations are only deemed to be effective if they are made in writing. For cancellations, the Limousine Service calculates the following amount of the agreed fare as reimbursement of expenses:
- Up to 48 hours before departure, no costs will be charged to the client.
- Up to 24 hours before commencement of service, the customer bears 50% of the cost of the fee.
- If cancelled less than 24 hours before departure, the full rental price will be charged.
For the timely written cancellation, the actual receipt and access to the cancellation notification is paramount. The onus of proof is borne by the client.
The same applies in the event that the client does not show up for the trip after the driver has arrived at the agreed pick-up point.
The client is entitled to substantiate the occurrence of minor damages to the Limousine Service.
The Limousine Service is entitled to a rescission of the contract, if carrying out the trip should become impossible, unless this was caused by the Limousine Service through intent or gross negligence.
4. Prices and payment conditions
The accruing prices are based on the current price list and are a basic plus the statutory VAT. Each started hour will be charged in full. If no other written agreement has been made, the agreed fee is due at the latest upon completion of the trip. If an invoice has been agreed upon, the payment will be due upon receipt of the invoice. Any additional costs, such as telephone, parking fees, hotel accommodation, entrance fees or the like, will be charged separately. Each order to the Limousine Service requires the transfer of a valid credit card number by the client. In case of late payment, the Limousine Service charges the customer 10% interest and dunning fees of €5.00 for each warning.
If payment by PayPal is desired and has been agreed upon, the client gives the Limousine Service the authorisation to collect the amount due from the customer's PayPal account upon contract conclusion.
5. Claims/notice of defects/liability
Additional costs and damages caused by delays shall be borne by the client, unless the respective delay is due to a fault of the Limousine Service. Any defects in the provision of services by the Limousine Service must be reported immediately.
The customer is liable for all culpable, i.e., intentionally and negligently caused damage to the vehicle and to the driver personally and indefinitely. Other than that, the customer is liable indefinitely and personally for all damages incurred in a sedan for a prohibited purpose/application.
Smoking is prohibited in rental vehicles. Failure to adhere to this rule will result in a contractual penalty of €200 incl. VAT.
The Limousine Service is liable to the renter for damages, for whatever reason, only in the case of intentional or grossly negligent breach of legal or contractual obligations. In the interest of the renter’s safety, wearing of the seat belt is mandatory.
Force majeure, road or bridge closures, traffic accidents, etc. are not always calculable. In the event of delays or hindrances, the Limousine Service immediately sends a respective message by telephone, fax or email to the renter. Any recourse claims resulting from this against the Limousine Service are expressly excluded.
The Limousine Service may, in its own name, entrust third parties in whole or in part with the execution of all transactions assigned to it, if this is justified by weighing the interests of the client. If the Limousine Service makes use of this right, then its responsibility and thus liability are limited to the careful selection and instruction of the commissioned third party.
6. Form requirements/effectiveness
Subsidiary agreements are not made; changes and additions to the contract must be made in writing in order to be legally valid. The same applies to the waiver of the written form requirement.
Should parts of these general terms and conditions become ineffective, this does not affect the validity of the remaining clauses. Rather, the ineffective clause shall be replaced by one that comes closest, economically and legally, to the purpose intended by the invalid clause.
7. Data storage
The client agrees to the Limousine Service storing his/her personal data for company/business purposes. Disclosure to third parties does not take place.
8. Place of jurisdiction
For all disputes arising from or about the contract or the contractual relationship, the headquarter of the Limousine Service is agreed as the place of jurisdiction, insofar as
- the customer is a registered trader according to § 1 HGB;
- he/she is a person equated to a registered trader according to § 38 (1) ZPO;
- he/she has no general jurisdiction in Germany;
- he/she moved his/her place of residence or habitual residence abroad after conclusion of the contract;
- his/her domicile or habitual residence is unknown at the time of the commencement of proceedings.
Apart from that, the legal regulations apply.