1 .General, scope of application
(1) These General Terms and Conditions (GTC) apply to all our business relationships with our customers (hereinafter: “Client”)
(2) The GTC apply to contracts for services provided, in particular in the area of personnel transportation.
(3) Our GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the client shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the ordered service without reservation in the knowledge of the client’s general terms and conditions.
(4) Individual agreements made with the client in individual cases shall always take precedence over these GTC. A written contract or our written confirmation shall be decisive for the content of such agreements.
(5) Legally relevant declarations and notifications to be made to us by the client after conclusion of the contract (e.g. declaration of withdrawal or termination) must be made in writing to be effective.
(6) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
2. Conclusion of contract
(1) Our offers are subject to change and non-binding.
(2) The client may submit his contractual offer in writing or verbally.
(3) Acceptance of the contract offer shall be declared in text form.
(4) The service shall include the provision of a vehicle of the agreed type with driver and the execution of the transportation within the scope specified in the order confirmation.
3. Contractual obligations of the customer
(1) The customer is obliged to pay the agreed fee when due.
(2) Upon conclusion of the contract, the customer must provide a valid credit card number.
4. Prices and terms of payment
(1) Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply. Our current price lists can be made available to the customer by e-mail at any time on request. If services are provided by a third party, the prices shall be based on their respective offers.
(2) The invoice amount is due and payable within 14 days without deduction from the date of invoice. In the case of contracts with an invoice value of more than € 4,000.00 (net), we are entitled to demand a down payment of 50 % of the invoice amount. 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 deadline, the customer shall be in default. During the period of default, interest shall be charged on the invoice amount at the applicable statutory default interest rate
(1) Unless otherwise stated in these GTC including the following provisions, we shall be 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 breaches of contract or the proper fulfillment of the contract by third party service providers.
(3) We shall be liable for damages – irrespective of the legal grounds – in the event of intent and gross negligence.
In the event of simple negligence, we shall only be liable
a) for damages resulting from injury to life, body and health,
b) for damages arising from the breach of a material contractual obligation; in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
We shall be liable to the same extent for the fault of vicarious agents and representatives.
(1) A booking made in accordance with these GTC is binding.
(2) Cancellation can be made in writing or by e-mail. The customer must pay the costs or expenses already incurred.
(3) In the event of cancellation or non-utilization, we shall demand reasonable 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 flat-rate claim to cancellation fees for the services to be provided or provided by us is generally
up to the 2nd day prior to the provision of the service 25%,
50% up to the 1st day before the service is provided,
75 % thereafter.
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% shall be charged.
(5) The cancellation fee shall be set higher or lower if we prove higher costs or expenses or the customer proves that lower costs or expenses or none at all were incurred.
7. Offsetting against counterclaims
The customer may only offset against our claims if the customer’s counterclaim is undisputed or a legally binding title exists. A right of retention can only be asserted if it is based on claims from the same contractual relationship.
8. Exclusion of transportation, transportation of hazardous substances
(1) The respective chauffeur is free to exclude persons from transportation who willfully or grossly negligently damage the vehicle.
(2) Our vehicles may not be used for the transportation of hazardous substances.
9. Data storage
The customer agrees that all customer data necessary for proper order processing will be stored by us.
10. Liability of the customer
(1) The customer shall be personally and unlimitedly liable for all damage to the vehicle and to the driver caused by him culpably, i.e. intentionally and negligently.
(2) In addition, the customer shall be personally liable without limitation for all damage caused during use for prohibited purposes.
(3) The statutory liability regulations remain unaffected. Damage arising from transmission errors, misunderstandings and errors in telephone, (telex) written or e-mail correspondence with the customer or third parties shall be borne by the customer, provided that the damage was not caused by T&M Limousinen Service GmbH. For reasons of security, T&M Limousinen Service GmbH reserves the right to obtain confirmation of orders received by telephone, (telex) mail or e-mail. If telephone, (telex) written or e-mail messages are confirmed in writing, the customer must immediately object to any discrepancies between these messages 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 shall be our registered office. However, we are also entitled to bring an action at the customer’s general place of jurisdiction.
12. Severability clause
Should one or more provisions of these GTC be or become invalid or void in whole or in part, or should this agreement contain a loophole, this shall not affect the validity of the remaining provisions of these GTC.