Terms & Conditions
1. General Terms
All following general conditions refer to all services provided by 089Chauffeure; they apply to passenger transportation in occasional and rental car transfer and all excursion trips by car. They apply to all future business relations and don’t have to be additionally stipulated by future contracts. The services are considered as bindingly accepted as soon as the client makes use of the service. Changed General Terms are valid only upon a written confirmation from us. General Terms of the company 089Chaffeure are 100% valid in all cases, even when they conflict with a third party or the client. We preserve the right to change the General Terms and Conditions.
2. Object of the contract /Conclusion und exclusions from transport
1. The contractor accepts driving contracts orally, by telephone, per fax, in written form or online and under the valid conditions that he has published in print form or on the Internet. However the conclusion of a contract takes place only when the contractor confirms this order in advance and written form, or when the drive actually begins. Should the acceptance of an order result form a print, computer or writing mistake, the contractor preserve the right to withdraw. The client is obliged to provide 089Chauffeure with all information relevant for the fulfilment of the contract, such as place, date, number of passengers, wanted car, luggage number. The aforementioned information needs to be given to the company 089Chauffeure within reasonable time and in final, obliging form. A transportation contract is only then valid, when the client takes his place in the car and announces his destination.
2. The object of the contract is passenger transportation and further services. The company 089Chauffeure preserves the right to exclude certain persons from the transportation, who present a danger to safety and order, don’t comply with the drivers instructions or damage the car through intent or gross negligence.
3. For transport to airports, train stations, harbours or pickups from airports, ships or train stations, a specific pickup time can be arranged. In such cases possible changes in the driving plan made by the client have to be reported to the contractor in due time that so that the contract parties can change the stipulated pickup time. Otherwise, the client is liable for consequential damages to the contractor. Pickups from the airport, if no specific pickup time was stipulated, can refer to the arrival of specific flights. In this case it is the client’s responsibility to inform the contractor about the exact flight information, especially the flight number. Contractually binding in terms of pickup time is always the planed arrival time, except if the client informs the contractor in good time about the changed arrival time or if it was reasonable and possible to expect that the contractor finds information about the exact arrival time. A precondition for a punctual pickup is essentially that the client places the order on time. Placing an order on time means that in the city of Munich the client places the order 60 minutes before the pickup. In case of too late pickups or arrivals, especially to airports, train stations and journeys, subsequent to the fact that the client did not place his order on time, the contractor does not assume any liability. The contractor is liable for damage that the client suffers due to unpunctual pickup or arrival at the airport only when (1) it was expressly agreed by the contractor and the client to comply with a specific departure and arrival time and (2) the impairment of contractual obligations is not due to natural disasters, unforeseeable technicaldeficiencies, crisis caused by weather conditions, legal requirements, strike, lockouts, protests, traffic status or accidents or reasons that the client is liable for. This especially applies to airport and train station transfers. Furthermore, the contractor is not liable in cases when the client alone determines the departure or arrival time and does not take the usual delay, due to for example traffic jam etc., into consideration. Short-term flight plan changes or too early or to late arrivals of the client, do not exempt him contractual obligation. Even when they occur with sub-contractors, suppliers or sub-suppliers, the company 089Chauffeure does not have to perform services even in case of bindingly stipulated deadlines and appointments. 089Chauffeure is not liable in cases when the transportation time is exceeded due to circumstances that we would not have been able to avoid even with greater care nor could we have prevented their consequences.
4. Warranty claims arising from deadline related deficiencies in services are excluded, except when they are asserted in writing within 3 days of the service provided by us.
If not otherwise stipulated, generally valid is the current rate list of 089Chauffeure. Additional services are charged extra. Except when otherwise stipulated, all prices are quoted excluding incidental expenses as well as additional expenses and possible traffic fees (fairy, tunnel fees etc.), that incur within the framework of the contract. Especially costs incurred by the client or persons who are to be transported are not included in the price and will be charged separately. The company 089Chauffeure is bound by the prices stated in its offer for a period of 14 days, after that a new arrangement is necessary. Should in the period from that point to the performance of the service the wages, material costs or market driven acquisition prices increase, the contractor has the right to change the price accordingly. When not otherwise indicated, all prices are in euro and include the value added tax.
4. Terms of payment
The fare is due upon service delivery and is paid in cash. Excepted are only contracts for which a different written agreement was reached. With bigger contracts the client is obligated to make a deposit in the amount of 50%. After the service has been completed and the invoice has been issued, the remaining 50% need to be paid. Balance payments are due two weeks after the invoice was received, except when agreed otherwise in written. The invoices are to be paid into one of the accounts that are indicated on the invoice, via bank transaction and without any deductions, or if credit cards are available, they will be charged with the amount immediately. It is possible to pay via bank transaction with a valid EC-card for invoices of at least 25 euro, credit cards are accepted as means of payment in every car. Advanced payments and cash payments in the car are also possible, advanced payments by new clients from abroad are the rule. The payment becomes effective as soon as 089Chauffeure can dispose with the requested and invoiced amount. If the contract partner does not duly meet his payments, after a period of 14 days 089Chauffeure will be entitled to charge interest on the outstanding amount, based on the interest rate of business banks for overdrafts. In case of return debit or other default, the return debit fees invoiced by the respective bank from the contractor will be then in full invoiced from the client. In case of reminders, the contractor charges a reminder fee of 12,50 euro for reminder level I and if reminder level II is necessary another 12,50 euro will be charged. Should the contract partner not meet his payment obligations, the company 089Chauffeure is entitled to make the entire remaining debt due and demand advance payments or financial guarantees. The company 089Chauffeure is furthermore entitled to withdraw from all contracts in case of default.
Should the client withdraw from the agreement or should he not want to use the services of our company without withdrawing, the contractor is then entitled to demand a reasonable compensation for arrangements and provisions which have already been made. This is also the case, even if the customer is not to blame. 089Chauffeure is entitled to a lump sum compensation. Should the agreed service not be utilised without cancellation, the contracting party must then pay the agreed price in full. The contractor can withdraw from contracts at any time or deliver a part of the service. In such cases the company 089Chauffeure will charge the cancelled contracts in the amount of:
75% of the total price if the contract is cancelled 5 days before it begins
100% of the agreed price on the day on which the contract starts
6. Responsibilities and liability of the client and the passenger
Our passengers are obligated to behave in a manner that complies with safety and good order requirements of traffic, their own safety and they must be considerate of other persons. For safety reasons, instructions of the driver are always to be followed. It is your responsibility to make sure that all underage persons in your company conform to seat belt regulations, and that animals that you have brought along are supervised properly. Clients must ensure that they or underage persons in their company open the door only when instructed to do so by the driver. Clients and their company are also obligated to make sure that they open the door without risking danger. In case of damage clients and persons in their company are liable for all damages that they have inflicted. Luggage and animals that are brought along are the responsibility of the client, even though the contractor can help with stowage and securing. If the securing of the cargo is not possible or is possible only under the risk of danger for the driver or car, such items can be excluded from the transport. In case the client treats the car in a manner that does not comply with the contract, the contract can be immediately terminated should the client not respond to warnings. In this case the termination does not require any special notice and the company 089Chauffeure preserves the right to a full payment for the entire stipulated duration of the contract. This also does not affect the right to the compensation of damage incurred because the provided car was treated in a way that does not comply with the contract. Damages to the car or any other type of damage are to be compensated for by the perpetrator or our contract partner. If the perpetrator and our contract partner are not one in the same person, both are liable as joint debtors. This also applies when the client holds no blame. In case of deliberate soiling, cleaning costs will be separately charged.
7. Guarantee, liability and limitation of liability
1. Natural wear of goods in transit, luggage, etc. are not covered by the guarantee. Suitcases, bags and other transport containers are properly stored by the contractor and are subject to natural wear. Even paint defects of bicycles, wheel chairs and prams that are transported by the contractor cannot be excluded even when properly stored and transported.
2. Possible claims of guarantee concerning damage to goods in transit are to be reported to the driver immediately when the transport ends.
3. Clients hold responsibility for all injuries and damages that occur as a consequence of tobacco, alcohol or food consume in the car, even when the contractor allowed the consume of such products.
4. The contractors liability for damage, except when injuries or damage to health are in question, is limited to twice the fare, under the condition that the contractor did not deliberately or through recklessness cause damage to the client.
5. Within the framework of legal regulations the client is liable for all damages and injuries he causes. This also applies to damage that an underage person, animals or goods in transit cause, and that was incurred to the property of the contractor or third parties due to health reasons or recklessness. It especially applies to damage caused by soiling in case of vomiting, incontinence, or because of groceries or tobacco products that were carried into the car. When quantifying such damage, the contractor will claim the cleaning costs but also loss of profit caused by damage, ventilation or drying.
8. Data protection
The contractor collects, processes and uses company and personal data within the framework of the legal regulations. The client gives explicit consent for the collecting, processing and usage of his personal data (§ 4 art. 1 of the German Federal Data Protection Act).
9. Applicable Law
These business relations and the entire legal relationship between the company 089Chauffeure and its partners shall be governed by the laws of the Federal Republic of Germany. If the client is a merchant, a legal entity under public law or a special fund under public law, the court of jurisdiction is determined according to the principle place of business of the company 089Chauffeure.
10. Salvatory clause
Should provisions of this agreement or of these general terms and condition, or a future provision in full or in part be invalid or unenforceable, or subsequently cease to be valid or enforceable the legal validity of the other provisions shall not be affected by this. The same applies in case of a regulatory gap. The parties agree that the invalid or unenforceable provisions, shall be replaced by an appropriate provision, if this is legally possible, that comes closest to what they wanted or would have wanted according to the sense and purpose of the contract, had they known that provisions were invalid, unenforceable or that there was a gap. This also applies when the invalidity of a provision is based on for example a measure of performance or time stipulated in the contract (deadline or date), in which case a measure of performance or time (deadline or date) that comes closest to that which was first stated will then be considered as agreed.