Copyright © 2018 DB-Limousinen
§ 1 Liability of these conditions
1. DB limousines based in Freising near Munich (Bavaria / Germany) provides all services (hereinafter collectively referred to as “PERFORMANCE / -EN”) solely on the basis of these General Terms and Conditions (“GTC”). These terms and conditions apply to all offers and contracts in the context of current and future business relationships, even if they should not be expressly agreed again. At the latest when claiming the agreed SERVICE these terms and conditions apply in commercial transactions as accepted.
2. Any existing, deviating, conflicting or supplementary terms and conditions of the CUSTOMER are hereby expressly excluded, unless there is an agreement in writing (by e-mail) between the contractual parties regarding the relevant deviation.
3. Each individually concluded agreement with the CUSTOMER takes precedence over these GTC, since this then corresponds to the will of the contracting parties. The conflicting terms and conditions are irrelevant in this respect. It requires a corresponding contract for the validity of the conflicting terms and conditions in text form. Declarations made by the CUSTOMER to DB-LIMOUSINEN after the date of conclusion of the contract also need to be in writing in order to be effective, as otherwise the declarations made are without legal significance.
4. Insofar as nothing contrary has been agreed between DB-LIMOUSINEN and the CUSTOMER, the statutory provisions shall apply. Any references to legal regulations are purely declaratory.
§ 2 Offer and conclusion of contract
1. The corporate purpose of DB-LIMOUSINEN is the provision of services, in particular chauffeur service and the provision of upmarket transport vehicles.
2. The order of the SERVICES by the CUSTOMER is considered a binding contract offer. Unless otherwise stated in the order of the CUSTOMER, DB-LIMOUSINEN is entitled to accept this contractual offer within 30 days after receipt of the order at DB-LIMOUSINEN.
3. The acceptance may be declared either in writing or by providing the SERVICE to the CUSTOMER.
4. The offers of DB-LIMOUSINEN are contrary to § 145 BGB subject to change, unless DB-LIMOUSINEN this expressly marked as binding.
§ 3 Service provision
1. DB-LIMOUSINEN is not liable for the impossibility of the SERVICE, as far as this by force majeure or other, at the time of the contract unforeseeable events (eg malfunctions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, legitimate lockouts, lack workers, energy or raw materials, difficulties in obtaining regulatory approvals, official measures or the lack of, incorrect or untimely supply from suppliers), which is not the fault of DB-LIMOUSINEN. DB-LIMOUSINEN will inform the CUSTOMER of such circumstances immediately after becoming aware.
2. The occurrence of a performance delay is determined by the statutory provisions. In any case, a reminder from the CUSTOMER is required.
§ 4 prices and payment methods
1. Unless the Contracting Parties have agreed otherwise in text form, the prices of DB-LIMOUSINEN shall apply in accordance with the price list which can be obtained from DB-LIMOUSINEN. 2. The CUSTOMER is obligated to pay for the SERVICE plus the respective statutory value added tax stated in the offer, in the order confirmation or in the contract. The terms of payment stated on the invoice apply. 3. Payment of the SERVICE claimed must be made exclusively to the account of DB-LIMOUSINEN. The deduction of discount shall only be permitted in the form of an express agreement between DB-LIMOUSINEN and the CUSTOMER. The PERFORMANCE provided can be reliably calculated based on the tracking data. The CUSTOMER can consult the data within 30 days before they are irretrievably deleted. Complaints concerning the performance provided by DB-LIMOUSINEN must be reported in text form to DB-LIMOUSINEN within 14 days.
4. DB-LIMOUSINEN is entitled to demand advance payments from the CUSTOMER. For an order value of more than € 3,000.00 net, DB-LIMOUSINEN is entitled to demand a down payment of up to 2/3 of the invoice amount from the CUSTOMER one (1) week prior to performance. Furthermore, DB-LIMOUSINEN is entitled to create partial invoices for services already provided.
5. Unless a specific term of payment has been specified in the invoice, all payment amounts shall become due for payment at the latest after full performance of the SERVICE. Default interest will be charged to the CUSTOMER who is an entrepreneur in the amount of 8% p.a. above the respective base interest rate and the CUSTOMER who is a consumer, in the amount of 5% p.a. calculated over the respective base interest rate. The assertion of a higher damage caused by default remains expressly reserved for DB-LIMOUSINEN. The claim of DB-LIMOUSINEN on the commercial maturity interest (§ 353 HGB) remains unaffected.
6. Unless the Parties have made a fixed price agreement, reasonable price changes remain reserved due to changes in labor, material and distribution costs for SERVICES, which occur three (3) months or later after the conclusion of the contract. The agreed prices are based on the raw material costs for petrol valid at the time of conclusion.
7. If commodity prices increase more than 10%, the contracting parties will enter into negotiations to determine a new price for the SERVICES. If the Parties are unable to agree on a price adjustment within a period of 14 days, either Party may withdraw from the contract.
8. For payments by credit card, the resulting fee (4.99%) will be added to the invoice amount.
§ 5 termination and cancellation fees
1. Upon termination by the CUSTOMER, costs already incurred by the CUSTOMER may be charged. This person is free to prove that the costs reported are incurred to a lesser extent or not. If an order is canceled by 18:00 the day before, any additional costs will not be charged. If the driver is already on the way to the CUSTOMER or at the place ordered, and the CUSTOMER does not start the journey or declines service after 6:00 pm of the previous day, the full order volume will be charged. The CUSTOMER is free to prove that INTERLINE incurred less damage. 2. In so-called major events, DB-LIMOUSINEN reserves the right to adjust the cancellation conditions and the prices. Large events are organized meetings of people over a certain period of time in one place or several places at the same time for a predetermined purpose. Events are scheduled ahead of time. Major events – often referred to as “events”, are such events with a very large number of expected participants, with a) they can be of different nationality, language, social class, political view and religious confession and have a differentiated cultural background, b) the inhabitants are also particularly involved,
c) the event is of particular importance to the region, national or even international, and the event is usually located in the core of the city or on special land. Spontaneous or regular crowds of people without fixed organization, such as unannounced demonstrations, New Year’s Eve celebrations or carnival customs, do not meet these requirements. 3. Unaffected by this is the mutual right to termination without notice for good cause. In the event of dissolution or closure of the CUSTOMER’s company or in the case of application for judicial or extra-judicial insolvency proceedings over the assets of DB-LIMOUSINEN and / or the assets of its shareholders, DB-LIMOUSINEN has the right to terminate the contract without notice for good cause.
4. Notice of termination must be in writing, whereby the transmission should be sufficient in advance by fax and then in the original by post for the preservation of formalities and deadlines. 5. DB-LIMOUSINEN may terminate the contract prior to commencement of SERVICE if DB-LIMOUSINEN may terminate due to an important reason such as: Force majeure within the meaning of § 3 para. 1 can not render the SERVICE. In this case, the CUSTOMER will receive a notification immediately. 6. In case of obstacles of a temporary duration, the service dates are postponed by the period of the disability, provided there is no fixed business.
§ 6 Obligation to cooperate of the CUSTOMER u. prohibited use 1. Insofar as it is necessary for the performance of the SERVICE / -EN, the CUSTOMER or the beneficiary / third party shall cooperate in good time, in particular accepting the concrete service at the agreed place and at the agreed time. If this is not done or not in time and / or contrary to the agreements or requirements, a time-based or cost-related additional expenditure incurred by DB-LIMOUSINEN shall be additionally compensated. DB-LIMOUSINEN is entitled to render the SERVICE / SERV at a later date or to additionally demand the additional time or expense incurred as a result of the CUSTOMER’s delay in relation to the aforementioned obligation to cooperate.
2. Transportation of DB-LIMOUSINEN may not be used: a) for the transport of dangerous substances of any kind b) to commit offenses within the meaning of the German Criminal Code (§§ 1-9 StGB), even if they are only punishable under the law of the crime scene c) trips that go beyond the contractual use 3. The CUSTOMER shall continue to be prohibited from calling the driver under § 6 lit. a) to c) to request or persuade.
§ 7 set-off and right of retention
1. The CUSTOMER shall only be entitled to offset if his counterclaims have been legally established or are undisputed. 2. The CUSTOMER is only authorized to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
§ 8 Subject to change
Basically the ordered vehicle is provided. Should it not be possible for company-internal reasons or objective impossibility to fulfill the order, DB-LIMOUSINEN reserves the provision of another vehicle. DB-LIMOUSINEN endeavors to keep the deviation from the ordered vehicle as low as possible with regard to the contractual use. If the vehicle is in a lower price category, the CUSTOMER is entitled to a reduction in the price difference. A right to terminate the contract is not associated with this.
§ 9 Liability
1. Claims for compensation for damages of any kind, for whatever legal reason are excluded, unless DB-LIMOUSINEN or their legal representatives or vicarious agents have acted willfully or by gross negligence or the claims for damages result from the lack of an assumed guarantee. In the latter case, the liability is limited to such damage covered by the warranty. Furthermore, the liability is not excluded in case of injury to life, limb and health caused by DB-LIMOUSINEN. 2. For damages based on simple negligence, DB-LIMOUSINEN shall only be liable if essential obligations (so-called cardinal obligations) have been violated during the performance of the contract. In this case the liability is limited to the typical and foreseeable damage; compensation for consequential damages such as lost profits and loss of use is excluded. 3. For damages that have arisen due to prohibited use within the meaning of § 6 para. 2, the CUSTOMER and any possible beneficiary / third party are liable indefinitely, personally and jointly and severally.
§ 10 creditworthiness and bankruptcy
1. DB-LIMOUSINEN is entitled to perform or provide outstanding services only against advance payment or security if, after the conclusion of the contract, circumstances become known which are capable of significantly reducing the creditworthiness of the CUSTOMER and which the payment of outstanding debts of DB-LIMOUSINEN be threatened by the CUSTOMER from the respective contractual relationship. This applies in particular if the CUSTOMER is already in default with DB-LIMOUSINEN with due claims. 2. In the event of the CUSTOMER’s insolvency, DB-LIMOUSINEN is entitled to withdraw from the contract.
§ 11 Text form
All supplements, changes and subsidiary agreements require the text form, ie. in writing, by e-mail. Oral side agreements only become effective if the text form clause has previously been canceled in compliance with the text form.
§ 12 Jurisdiction
The place of jurisdiction is – as far as the CUSTOMER is a registered trader, a legal entity under public law or a special fund under public law – Frankfurt. DB-LIMOUSINEN is entitled to sue in a court having jurisdiction over the seat or branch of the CUSTOMER.
§ 13 Choice of law
The contractual relations between the contracting parties are subject to German law to the exclusion of the UN sales law, even if the CUSTOMER has his domicile or his place of business abroad.
§ 14 Severability clause
Should one or more provisions of the contract or these terms and conditions be or become invalid and / or unenforceable, the validity of the remaining provisions shall remain unaffected. The ineffective or impracticable clause shall be replaced by a provision which comes closest to the intended purpose of the provision in legal and economic terms, provided that this does not bring about a material change in the content of the contract; the same should apply if a condition requiring regulation is not expressly regulated.
Whether it revolves around our prices, fleet or the different booking options we provide, we will be happy to answer any question/s you may have. Just send us an email or give us a call. We will be happy to hear from you!
Copyright © 2018 DB-Limousinen