TERMS & CONDITIONS
§ 1 Scope of application
1. The limousine service, Daetz service provides all services exclusively on the basis of the general terms and conditions named here ("GTC"). These include, in particular, passenger transport and car trips. These General Terms and Conditions apply to all offers and contracts within the framework of current and future business relations, even if they should not be expressly agreed again. At the latest by claiming the agreed service, these General Terms and Conditions shall be deemed accepted in commercial traffic.
2. Individual agreements between the parties have priority over these General Terms and Conditions. Inconsistent GTCs are thereby invalid. A corresponding contract is necessary for the validity of the opposing GTC in text form. Any statements made by the customer against the Daetz service after the date of conclusion of the contract shall also be legally binding. Otherwise, the declarations made are without legal significance.
3. Regulations which have not been formulated in writing between the customer and Daetz service are subject to the statutory provisions.
§ 2 Offer and Conclusion of Contract
An order and declaration of acceptance is always required by law to ensure the written confirmation by Daetz-Service. Order-relevant information and data must be available to Daetz-Service within a reasonable period and in a binding version. Daetz-Service is also not obliged to check the provided data for your correctness. Amendments, amendments or collateral agreements also require written confirmation. Daetz service usually confirms the order placed immediately. A contract also comes about,
That Daetz service provides the services rendered.
§ 3 Service provision
1. Daetz-Service shall not be liable for the impossibility of the performance, as far as this is caused by force majeure or other events unforeseeable at the time of the conclusion of the contract (eg operational disturbances of all kinds, difficulties in material or energy procurement, transport delays, strike, legal lockouts, lack Labor, energy or raw materials, difficulties in procuring special permits, governmental measures, or the failure to supply suppliers in a timely manner or in a timely manner, which Daetz Service is not responsible for.
2. Daetz-Service is not reliable for 3rd Party influence. And cannot promise or guaranty a certain vehicle. If you book a certain Class, we'll try to provide the booked Car. But for 3rd Party influence, like Car Accidence or Car malfunction or so, we'll offer you the best vehicle possible!
§ 4 Prices and payment modalities
1. Unless otherwise agreed, the prices quoted by the Daetz service according to the customer's request are always valid.
2. The customer is obligated to pay for the service mentioned in the offer, in the order confirmation or in the contract, plus the respective statutory value-added tax.
The payment conditions stated on the respective invoice apply.
3. Additional services are charged separately. Unless agreed otherwise, the prices are exclusive of the ancillary costs incurred in the course of the order.
4. Waiting times are considered individually depending on the type of order. For a pick-up at the airport, a waiting period of 30 minutes is included in the transfer price free of charge. Should the actual flight arrival be earlier than the planned arrival, the customer is obliged to wait for the driver. The waiting time runs from the time of landing indicated by the airport operator. The free waiting time is 15 minutes for any pick-up point that is not designated as an airport, and in the case of premature arrivals, the same applies to flight arrivals. After the waiting time has elapsed, waiting fees will be charged and 50% of the hourly rate of the city tariff of the vehicle category used by the customer will be charged for each additional 30 minutes waiting period.
5. If the customer does not arrive at the agreed meeting point at the agreed pick-up time, nor is he able to reach him personally or by telephone within the included waiting times, and has not informed Daetz service in writing or by telephone about his delay, 100% of the transfer costs will be charged and the order Is considered to be executed.
6. Daetz-Service is entitled to request costs and expenses from the customer and accordingly to demand a down payment of up to 2/3 of the invoice sum by the customer at the latest one week before performance. Furthermore, Daetz-Service is entitled to prepare partial settlements for services already rendered.
7. If no specific payment objective is stated in the invoice, all payment amounts shall be due for payment at the latest after completion of the performance.
8. Interest on arrears will be paid to customers who are entrepreneurs, amounting to 8% p.a. Above the respective base rate and customers who are consumers, in the amount of 5% p.a. Above the respective base rate. Daetz-Service expressly reserves the right to assert a higher arrears liability. This shall not affect the claim on the commercial maturity interest (§ 353 HGB).
9. In the case of a price increase of the raw material costs of more than 10%, it is necessary that Daetz-Service and the customer again enter into negotiations in order to determine a new price for the services. If the contracting parties can not agree on a price adjustment within a period of 14 days, each contracting party may withdraw from the contract.
§ 5 Cancellation and Fees
1. In the event of termination by the customer, costs already incurred may be charged to the customer. This also applies if the customer is not at fault. The cancellation fee will be refunded. If the agreed service is not used without written cancellation, the customer has to pay the full agreed price.
2. Cancellation fees
A) AirPort Shuttle's, city tours, long-distance trips or sightseeing tours (within Munich):
- up to 24 hours prior to delivery -> 0% of the agreed invoice amount
Less than 24 h prior to delivery -> 100% of the agreed invoice amount
B) for major events, sightseeing tours (outside Munich) or multi-day bookings:
Up to 7 days before delivery -> 25% of the agreed invoice amount
Up to 4 days before delivery -> 50% of the agreed invoice amount
Up to 48 hours prior to delivery -> 75% of the agreed invoice amount
Up to 24h and less before delivery -> 100% of the agreed invoice amount
C) prepaid rides, must be cancelled 7 days in advance, to get 90% back (100% - Credit Card and other fees). If not cancelled 7 days in advance, there will be no refund possible.
3. The notice of termination must be sent by mail, SMS or original by post.
4. Daetz service may terminate the contract before the start of the service, insofar as there is an unforeseeable reason (for example force majeure) and the performance is not possible as a result.
5. In the case of events which prevent the execution of a temporary period, the performance dates are postponed by the period of the hindrance.
§ 6 Collaboration requirements of the customer and prohibited use
1. The customer is obliged to behave in the use of our vehicles in the same way as the safety and order of the company, the customer's own safety, the safety of the driver and the consideration of other persons. The instructions of the chauffeur must always be followed during transport. In the case of non-contractual handling of the customer with the vehicle, the contract can be terminated with immediate effect insofar as the customer does not react to an admonition. In this case, the termination of the carriage does not require a separate notification. The compensation claim of Daetz service for the entire agreed duration of the order remains unaffected. This shall not affect the right to compensation for the damage caused by the non-contractual handling of the vehicle provided. If the polluter and our contractual partner are not identical, both are jointly and severally liable. Liability also exists if the customer is not at fault. In the case of impurities, cleaning fees are levied separately.
2. Vehicles of Daetz service may not be used:
(A) for the transport of dangerous substances of any kind
B) to commit criminal offenses as defined by the German Criminal Code (§§ 1-9 StGB), even if these are only punishable under the law of the crime scene
(C) to journeys beyond the contractual use
3. It is forbidden for the customer to ask the driver for criminal offenses, to persuade or to compel him.
§ 7 Offsetting and right of retention
The customer is only entitled to the right to set-off if his counterclaims are legally established or undisputed and are based on the same contractual relationship.
§ 8 Change in reservation
In principle, the vehicle ordered according to the order is made available. Should a contractual delivery not be possible for reasons of impossibility, Daetz-Service reserves the right to provide another vehicle. If the vehicle is in a lower price category, the customer is entitled to reduce the invoice amount in the amount of the price difference. The right to terminate the contract is not connected with this.
§ 9 Liability
1. Claims for damages of any kind, irrespective of the legal basis, are excluded, unless Daetz-Service and / or its vicarious agents have acted intentionally or with gross negligence.
2. Claims for damages arising out of impossibility of performance, from contractual breach of duty or another offense are excluded both against Daetz service and against their fulfillment allowances, unless intentional or grossly negligent acts. The liability of Daetz-Service is limited to 2 times the agreed price. Personal injury is limited by the motor vehicle liability insurance according to legal requirements. All eligible claims for non-contractual services provided by Daetz-Service must be in writing, within 5 working days after termination of the order Daetz-Service. Delays in performance due to events that make Daetz service particularly difficult or impossible (including, in particular, technical breakdowns, force majeure, weather-related emergency, legal requirements, strike, lockout, demonstrations, etc.), even if they occur at suppliers Service is not responsible for bindingly agreed deadlines and deadlines. Daetz service is also exempted from liability if the duration of the journey is based on circumstances which they could not have avoided, even with the utmost care, and which could not have averted their consequences. The replacement of consequential damages such as loss of profit and lost use advantages is excluded.
3. The customer and any beneficiaries are liable indefinitely, personally and jointly and severally for damages caused by prohibited use.
§ 10 Jurisdiction
Jurisdiction is the business seat of Daetz-Service, Munich, in so far as the customer is a full-time buyer or a legal person of public law or a public-law special fund.
§ 11 Choice of law
The contractual relations between the contracting parties are governed by German law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), even if the customer is domiciled abroad.