General Terms and Conditions
Frankfurt Limousine Service
operated by
German Limousines Network GmbH & Co. KG
Bergstraße 5
63785 Obernburg am Main
Telephone: +49 (0) 6022 508 7000
Fax: +49 (0) 6022 508 7001
Email: service@german-limousines.com
Version: 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 “GTC”) apply to the customer, 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 transport in shuttle, coach or hire car traffic and for excursions with passenger cars or buses, as well as for services in the event management sector. The GTC also apply to future business relationships, even if they are not expressly agreed again. General terms and conditions of the customer do not apply, even if they are not expressly objected to. Divergent or conflicting general terms and conditions shall only become part of the contract if confirmed in writing by GL. For consumers within the meaning of Section 13 BGB, the statutory provisions apply.
- Conclusion of Contract; Scope of Services Offers by GL are not to be understood as an offer to conclude a contract, but are intended to invite the customer to submit a binding offer (order). The customer may place an order in writing, by telephone or by using the online booking form. The customer is bound by the order for two weeks. An order is only accepted by GL through a declaration on a durable medium (e.g. letter, email or fax); oral acceptance is only binding to the extent of the subsequent confirmation on a durable medium. If the content of this declaration deviates substantially from the content of the customer’s order, a declaration of acceptance by the customer is required for the conclusion of the contract; in the case of minor deviations, the content of the confirmation is binding unless the customer objects within 2 working days.
The scope of the contractual service is determined by the statement of GL. Section 2 of this contract remains unaffected. Supplements, amendments or collateral agreements require written form.
The agreed service does not include
- supervision of passengers, in particular children, adolescents and persons in need of assistance
- supervision or control of the completeness and integrity of items brought by the customer or their companions into the passenger or luggage compartment or left in the passenger compartment
- supervision of luggage during loading and unloading of the vehicle
- information about regulations applicable to all passengers, in particular foreign exchange, passport, visa, customs and health regulations, and compliance with the obligations arising from these regulations
- Changes to Services after Conclusion of Contract GL may change the contractual service if the circumstances leading to the change were not caused by GL in bad faith and the changes are reasonable for the customer. The extent of the change will be communicated to the customer.
Changes to the service by the customer require the written consent of GL. - Obligations of the Customer When placing the order, the customer must provide all information relevant to the execution of the order, such as place, date, number of persons, desired vehicle, number of pieces of luggage, etc. Information and data submitted later must be received by GL in a final, binding version within a reasonable time before the service is provided. GL is not obliged to verify the accuracy of the transmitted data or documents.
The customer must behave when using GL’s vehicles in a manner that ensures the safety and order of the operation, their own safety, the safety of the chauffeur and consideration for other persons. The customer is responsible for the behaviour of their companions. For safety reasons, the chauffeur’s instructions must always be followed. In the event of non-contractual behaviour by the customer or a companion towards the vehicle, GL may terminate the contract with immediate effect if the customer or companion does not respond appropriately to a warning by the chauffeur. In this case, termination of the transport does not require a separate written notification and may be pronounced orally by the chauffeur. GL is entitled to claim the full agreed remuneration. However, GL must credit what it saves in expenses or earns or maliciously fails to earn through alternative use of its labour. GL may apply a flat-rate charge of 100% in such cases after the start of the journey; the customer may prove that GL is entitled to a lower remuneration. Claims for damages due to non-contractual use of the provided vehicle as well as further recourse claims remain unaffected.
Passengers who do not comply with justified instructions from the chauffeur despite warnings may be excluded from transport if their disregard endangers safety and order, in particular the integrity of other passengers or the vehicle, or if for other reasons continuation of transport is unreasonable for GL. In these cases, the customer has no right to withdraw from the contract. - Prices; Payment Terms Unless otherwise agreed, prices are exclusive of incidental costs incurred in the course of executing the order, such as parking fees, tolls, road and ferry charges, and all expenses advanced for services separately ordered by the customer or their companions. Additional costs arising from changes to the service by the customer will be charged separately. Claims for costs resulting from damage or contamination of the vehicle caused by the customer or companions remain unaffected.
Invoices are due for payment immediately upon receipt. The statutory provisions regarding the consequences of late payment apply. Invoices may be paid in cash, by bank transfer to one of the bank accounts specified on the invoice, by cash on delivery, credit card or cheque. Advance payment is also permitted.
Withholding payments or offsetting against counterclaims by the customer is only permitted if such counterclaims are undisputed or legally established.
Failure to comply with payment terms or circumstances known to GL after conclusion of the contract that give rise to justified doubts about the customer’s ability to pay result in immediate maturity of all claims by GL. In this case, GL is entitled to withdraw from the contract and claim damages unless the customer makes advance payment or provides sufficient security.
The customer has no right to withhold security deposits. - Termination; Cancellation Fees The customer may terminate the contract at any time before completion of the journey. GL is entitled in this case, and also if the customer does not use GL’s services at the agreed time without notification, to claim the agreed remuneration. GL must credit what it saves in expenses or earns or maliciously fails to earn through alternative use of its labour. GL may charge the following flat rates unless otherwise agreed:
Bus/Sprinter:
10% for cancellation 30 to 15 days before provision
25% for cancellation 14 to 8 days before provision
50% for cancellation 7 to 4 days before provision
75% for cancellation from 72 hours before provision
100% for cancellation from 24 hours before provision
Limousine/Van/SUV:
100% for cancellation from 24 hours before provision
GL may prove that a higher amount remains due despite deducting saved expenses. The customer may always prove that GL’s claim to remuneration is lower.
If changes to the agreed services become unavoidable after the start of the journey and are unreasonable for the customer, they are entitled – without prejudice to further claims – to terminate the contract extraordinarily. GL may also terminate the contract extraordinarily – without prejudice to further claims – if the provision of the agreed service is significantly impeded, endangered or impaired by circumstances for which the customer is responsible. In such cases, GL is obliged, at the customer’s request, to transport them back to the starting point, whereby this return transport claim exists only when using the contractually agreed means of transport. Termination for other important reasons remains unaffected. GL’s right of termination under Section 3 (2) of this contract also remains unaffected.
- Liability GL is liable for contractual or non-contractual claims only for damages caused intentionally or by gross negligence and for damages resulting from slight negligence in the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place, whose breach endangers the achievement of the contract’s purpose and on whose compliance the customer may rely. In case of breach of an essential contractual obligation, liability is limited to the foreseeable, typical damage at the time of contract conclusion.
Section 23 PBefG remains unaffected. Liability for property damage is generally excluded insofar as the damage exceeds EUR 1,000.00 per passenger and is not due to intent or gross negligence.
Section 7 StVG remains unaffected.
Where GL’s liability is excluded or limited, this also applies to the personal liability of GL’s legal representatives and vicarious agents.
The above limitations of liability do not apply in cases of injury to life, body or health, or in case of assumption of explicit guarantees.
The customer is liable for damages caused by items brought along by them if the damage is based on circumstances for which they are responsible.
Transport of freight is not intended. If the customer or their companions carry luggage, liability for damage or loss of luggage is excluded according to paragraph 2. - Delays and Non-Performance
Delays and non-performance due to force majeure or events that make performance substantially more difficult or impossible for GL (including technical breakdowns, weather emergencies, legal requirements, strikes, lockouts, demonstrations, unusually heavy traffic, etc.) are not attributable to GL, even if deadlines or appointments have been contractually agreed. They entitle GL to postpone the service for the duration of the impediment plus a reasonable start-up period or to withdraw wholly or partially from the contract regarding the unfulfilled part.
- Partial Invalidity; Jurisdiction; Applicable Law; Miscellaneous Should individual provisions of these terms be invalid, the validity of the concluded contract shall remain unaffected.
If the customer is a merchant, a public-law legal entity or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Aschaffenburg; GL reserves the right to bring an action at any other existing place of jurisdiction. The same applies if the customer has their registered office abroad.
German law applies to the conclusion and execution of all contracts. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Due to our international business relations, these GTC are also available in English on GL’s website. In case of discrepancies between the English translation and the German original text, only the German original shall be authoritative.