1. General, scope
(1) The present General Terms and Conditions (GTC) apply to all our business relationships with our customers (hereinafter: “Client”)
(2) The General Terms and Conditions apply to contracts for services rendered, particularly in the area of personnel transportation.
(3) Our terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the client only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in any case, for example, even if we carry out the ordered service without reservation, knowing the terms and conditions of the customer.
(4) Individual agreements made with the client in individual cases take precedence over these terms and conditions. A written contract or our written confirmation is decisive for the content of such agreements.
(5) Legally relevant declarations and notifications that the client must submit to us after the contract is concluded (e.g. declaration of withdrawal or termination) must be in writing in order to be effective.
(6) References to the validity of legal regulations are only of clarification. Therefore, even without such a clarification, the statutory provisions apply, unless they are directly modified or expressly excluded in these terms and conditions.
2. Conclusion of contract
(1) Our offers are subject to change and non-binding.
(2) The client can make his contract offer in writing or orally.
(3) Acceptance of the contract offer is declared in text form.
(4) The service includes the framework specified in the order confirmation, the provision of a vehicle of the type agreed with the driver and the performance of the transport.
3. Contractual obligations of the customer
(1) The customer is obliged to pay the agreed fee on the due date.
(2) When the contract is concluded, the customer must submit a valid credit card number.
4. Prices and terms of payment
(1) Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded apply. Our current price lists can be made available to the customer at any time by email. If a third party provides services, the prices are based on their respective offers.
(2) The invoice amount is due and payable within 14 days without deduction from the date of invoice. For contracts with an invoice value of more than € 4,000.00 (net), we are entitled to make a down payment i. H. v. To request 50% of the invoice amount. The down payment is due and payable within 14 days of invoicing, but at least one day before the corresponding service is performed.
(3) Upon expiry of the above payment period, the customer is in default. The invoice amount is to be paid interest at the applicable statutory default interest rate during the delay
(1) Unless otherwise stated in these General Terms and Conditions, including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We assume no liability for the breach of contract or the proper performance of a contract by a third party.
(3) We are liable for damages – for whatever legal reason – in the event of intent and gross negligence.
We are only liable for simple negligence
a) for damage resulting from injury to life, limb and health,
b) for damages from the violation of an essential contractual obligation; in this case our liability is limited to the replacement of the foreseeable, typically occurring damage.
We are liable to the same extent for the fault of vicarious agents and representatives.
(1) A booking made in accordance with these terms and conditions is binding.
(2) A cancellation can be made in writing or by email. The customer has to pay the costs or expenses already incurred.
(3) In the event of cancellation or non-use, we require appropriate compensation depending on the services ordered, provided that we are not responsible for the cancellation and there is no case of force majeure.
(4) The lump-sum claim to cancellation fees for the services to be provided or provided by us is generally
- up to the 2nd day before the provision of the service 25%,
- up to the 1st day before the service is provided, 50%,
- thereafter 75%.
If the respective chauffeur is already on the way to the customer or if the customer does not appear at the agreed pick-up location at the agreed pick-up time without informing us of this, a cancellation fee of 100% will apply.
(5) The cancellation fee is to be set higher or lower if we can prove higher costs or expenses or the customer can demonstrate that lower or no costs or expenses have arisen.
7. Offsetting against counterclaims
The customer can only offset against our claims if the customer’s counterclaim is undisputed or if there is a legally binding title. A right of retention can only be asserted if it is based on claims from the same contractual relationship.
8. Exclusion of carriage, carriage of dangerous substances
(1) The respective chauffeur is free to exclude persons from the transport who willfully or grossly negligent damage the vehicle.
(2) Our vehicles may not be used for the transport of dangerous substances.
9. Data storage
The customer agrees that we will store all customer data necessary for order processing.
10. Liability of the customer
(1) The customer is culpably liable for all of them, i.e. deliberate and negligent damage to the vehicle and to the driver personally and unlimited.
(2) In addition, the customer is unlimited and personally liable for all damage that has occurred during use for a prohibited purpose.
(3) The statutory liability regulations remain unaffected. The customer bears the damage resulting from transmission errors, misunderstandings and errors in the telephone, (telefax), written or e-mail communication with the customer or with third parties, unless the damage was caused by T&M Limousinen Service GmbH. For security reasons, T&M Limousinen Service GmbH reserves the right to obtain confirmation of orders received by telephone, (telefax), in writing or by e-mail. If telephone, (telephonic) written or e-mail notifications are confirmed in writing, the customer must immediately object to deviations between these notifications and the written confirmation.
11. Place of jurisdiction
If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business. However, we are also entitled to file suit at the general place of jurisdiction of the customer.
12. Severability clause
Should one or more provisions of these general terms and conditions be or become wholly or partially ineffective or void, or if this agreement contains a loophole, the validity of the provisions of these general terms and conditions remains unaffected.