AGB – General Terms and Conditions Bavaria Limousines

AGB – General Terms and Conditions Bavaria Limousines

§ 1 Scope

The following terms and conditions apply to all services provided by the company Bavaria Limousines GmbH & Co. KG Chauffeur- und Limousinenservice München, in particular for passenger transport in occasional traffic, rental bus traffic, rental car traffic and excursions with passenger cars as well as for services from the event management sector. These shall therefore also apply to all future business relations, even if they are not expressly agreed again. Our terms and conditions are considered binding and accepted at the latest when our services are used. Deviations from our terms and conditions shall only be effective if confirmed by us in writing. If the GTC of our customers or other third parties should be in conflict with the GTC of Bavaria Limousines, our terms and conditions shall prevail, even if we had knowledge of the conflicting GTC, did not object to them and rendered the service without reservation.

§ 2 Placing of orders and conclusion of contracts

The offers of Bavaria Limousines are subject to change and non-binding. Orders and declarations of acceptance always require written confirmation by us to be legally effective. Furthermore, the client undertakes to inform us of all factors relevant to the execution of the order, such as the place of the order, date, number of persons, desired vehicle, number of pieces of luggage. Information and data must be provided to Bavaria Limousines within a reasonable time and in a final, binding version. Bavaria Limousines is not obligated to check the accuracy of the provided data or documents. Additions, amendments or collateral agreements shall also require written confirmation. Bavaria Limousines usually confirms the placed order immediately, at the latest within 7 working days. A contract is also concluded by the fact that Bavaria Limousines actually provides the ordered services.

§ 2.1 Online price calculator

For online price requests of transfer or limousine services via the internet portal of Bavaria Limousines GmbH & Co.KG. the following provisions shall apply in addition to § 2 of these GTC:

1. by filling out and submitting the inquiry form and completing the inquiry process via the “Complete inquiry” button, the customer merely submits a non-binding cost inquiry. Before sending the request, the customer can correct, change and view the data at any time using the “Forward” and “Back” buttons. At this point, no contract is concluded.

2. Bavaria Limousines GmbH und Co.KG will then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s request together with the terms of the contract are listed again and which the customer can print out. The automatic confirmation of receipt merely documents that the request of the customer has been received and is being processed by Bavaria Limousines GmbH & Co. KG, but does not yet constitute an acceptance of a driving order. The contract is concluded only by the submission of the declaration of acceptance by Bavaria Limousines GmbH & Co.KG, which in case of acceptance will be sent with a separate e-mail reservation confirmation in .pdf format.

3. a right of revocation of the customer exists according to § 312b para. 3 number 6 BGB not.
4. an inquiry can only be made in German or English.

§ 3 Prices

Unless otherwise agreed, the current prices published on the homepage in the online price calculator or the prices quoted by us in the offer after customer inquiry shall always apply. The prices calculated and quoted by the online price calculator are not legally binding for Bavaria Limousines GmbH and may differ from the price calculated online after checking the capacity and if the route to be driven differs. Binding is only a price that was not automated, but separately by offer in .pdf format transmitted by us.

Additional services will be charged separately. Unless otherwise agreed, prices are exclusive of incidental expenses incurred in connection with the order. In particular, parking costs and all advance expenses ordered by the customer or by persons to be transported as part of the service are not included in the price and will be charged separately. The company Bavaria Limousines is bound to the prices given in its offer for 7 days, beyond that a new agreement is required.

3.1. For pickups at the airport a waiting time on the part of the transfer service provider of 30 minutes is included free of charge. If the actual flight arrival is earlier than the scheduled arrival, the customer is obliged to wait for the driver. The waiting time runs from the landing time indicated by the airport operator, but calculated from the scheduled arrival time.

In case of pick-up at the train station or individual addresses the free waiting time is 15 minutes, in case of early arrivals the same applies as for flight arrivals.

3.2 Fees for non-attendance

If the customer does not appear at the agreed pick-up meeting point at the agreed pick-up time, nor can he/she be reached either in person or by telephone within the waiting times (§ 3.1) and has also not informed the transfer service provider responsible for his/her trip of his/her delay in writing or by telephone, 100% of the transfer costs will be incurred as cancellation fees.

3.3 Fees for waiting times

If the customer calls the executing transfer service provider within the free waiting period and wishes to start the transfer journey, any additional waiting time and parking fees incurred will be charged or invoiced in accordance with the selected payment method and vehicle category after the expiry of the free waiting period:

– For every 30 minutes or part thereof after the free waiting period: 50 % of the hourly rate of the City tariff of the vehicle category used by the customer.
– Additional parking fees

§ 4 Terms of payment

Payments are due two weeks after receipt of invoice, unless otherwise agreed. Invoices shall be paid as agreed without deduction by bank transfer to one of the bank accounts specified in the invoice, by cash on delivery or by crossed check. Prepayment or cash payment in the car are also allowed, prepayment for new customers from abroad the rule. Credit cards such as Master, Visacard and American Express are also accepted. In the case of a customer’s credit card carried in the car, the payment can also be made immediately in the car after the completion of the driving order. Payment shall only be deemed to have been made as soon as Bavaria Limousines can dispose of the requested and invoiced amount. If the contracting party is in default, Bavaria Limousines shall be entitled to charge interest on the outstanding amount at the interest rate charged by commercial banks for open overdrafts upon expiry of the 14-day payment period. In case the contracting party does not meet its payment obligations or if we become aware of circumstances that call the creditworthiness into question, Bavaria Limousines shall be entitled to call due the entire remaining debt and to demand advance payments or securities. Furthermore, Bavaria Limousines is entitled to withdraw from all contracts in case of default of the customer.

§ 5 Cancellations

Should the client withdraw from the contract or should he not use the services of our company without withdrawal, the contractor is entitled to demand reasonable compensation for arrangements and planning made. This also applies if the client is not at fault. The company Bavaria Limousines is entitled to lump-sum compensation for damages. Decisive for a cancellation is the receipt of the cancellation. Cancellations are accepted only on working days ( Mon-Fri) between 09:00 – 20:00. If the agreed service is not used without written cancellation, the client must pay the agreed price without deductions.

Cancellation fees for limousines and minivans (up to max. 8 guest seats):

no cancellation fees for cancellations up to 24 hours before deployment
Cancellation fees within 24 h before provision – 100% of the booking of the agreed amount.
For event bookings, with the offer may be different individual cancellation fees available
For agencies & resellers, the cancellation conditions apply according to the current contractual agreements

Cancellation fees for minibuses, coaches and VIP buses (from 9 guest seats)

Cancellation fees from booking to 30 days before provision – 10% of the booking of the agreed amount.
Cancellation fees 29 – 15 days before the provision – 25% of the booking of the agreed amount.
Cancellation fees 14 – 4 days before provision – 50% of the booking of the agreed amount.
Cancellation fees from 72 h before provision – 75% of the booking of the agreed amount.
Cancellation fees within 24 h before provision – 100% of the booking of the agreed amount.
For event bookings, with the offer may be different individual cancellation fees available
For agencies & resellers, the cancellation conditions apply according to the current contractual agreements

§ 5.1 HOTDEAL

Our HOTDEAL rate (restricted rate) is a guaranteed booking.
The vehicle will be kept free for you in any case.
Should you request a HOTDEAL vehicle online, by mail or by phone, you expressly agree to the following additional booking conditions:

The guaranteed booking can no longer be canceled free of charge
The guaranteed booking cannot be rebooked or changed
In case of cancellation or no-show, Bavaria Limousines GmbH & Co. KG charges
Your credit card in any case with a cancellation fee of 100%.

§ 6 Duties and liability of the customer

It is the duty of our customers to behave during the use of our vehicles in such a way as the safety and order of the company, their own safety, the safety of our chauffeur and the consideration for other persons require. For safety reasons, the instructions of the chauffeur must always be followed. If the customer does not handle the vehicle in accordance with the contract, the contract can be terminated with immediate effect, if the guest does not respond to a warning. In this case, the termination of the transportation does not require a separate notification and the company Bavaria Limousines nevertheless retains the full claim to remuneration for the entire agreed duration of the order. This shall also not affect any claim for compensation for damage caused by the non-contractual handling of the vehicle provided. Damages to the vehicles or other damages are to be compensated by the causer or our contractual partner. If the causer and our contractual partner are not identical, both shall be liable as joint and several debtors. The liability exists even if the client is not at fault. Cleaning fees will be charged separately for wilful soiling.

§ 7 Subject matter of the contract and exclusion of carriage

The subject of the contract is the transportation of passengers subject to authorization and other services. Bavaria Limousines reserves the right to exclude from transportation persons who pose a threat to safety and order, do not comply with the instructions of the chauffeur or damage the vehicle wantonly or through gross negligence.

§ 8 Limitation of Liability/Limitation of Actions

Claims for damages resulting from impossibility of performance, from breach of contractual obligations as well as from tort are excluded against Bavaria Limousines as well as against its vicarious agents or persons employed in the performance of its obligations, unless intentional or grossly negligent acts are involved. The liability of Bavaria Limousines is limited to a maximum of 3 times the agreed service price. Personal injuries are limited by the motor vehicle liability insurance to a maximum of € 7,669,379 per injured person. All possible claims for services not rendered according to the contract must be submitted to Bavaria Limousines in writing within 3 working days after completion of the order. Bavaria Limousines shall not be responsible for delays in performance due to force majeure and due to events which make the performance of Bavaria Limousines considerably more difficult or impossible (this includes in particular technical breakdowns, force majeure, weather-related emergency, legal requirements, strike, lockout, demonstrations etc.), even if they occur at subcontractors, suppliers or sub-suppliers, even in case of bindingly agreed deadlines and dates. They entitle Bavaria Limousines to postpone the performance for the duration of the impediment plus a reasonable start-up time, or to withdraw from the contract in whole or in part due to the part not yet fulfilled. Bavaria Limousines shall also be exempt from liability if an overrun of the transportation time is due to circumstances which it could not have avoided even with the utmost diligence and the consequences of which it could not have averted.

§ 9 Place of Jurisdiction, Choice of Law, Written Form Requirement

For these business relations and the entire legal relations between the company Bavaria Limousines Chauffeur Service and the contracting party the law of the Federal Republic of Germany shall apply. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Munich, even if the customer has his place of jurisdiction in another EU member state. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the court having jurisdiction for the registered office of Bavaria Limousines, whereby Bavaria Limousines shall be entitled to file a claim against the customer at the court having jurisdiction for the registered office of the customer at its discretion. Due to international business relations, these General Terms and Conditions can also be found on the English homepage of Bavaria Limousines, translated into English. In the event of deviations in the content of the English translation from the German original text, the version of the German original text alone shall apply.

§ 10 References

The client expressly grants Bavaria Limousines GmbH & Co KG the right to use the services performed for him, including his brand logo, as a reference and for self-promotion.

§ 11 Customer service

You can reach the customer service of Bavaria Limousines Monday to Saturday: 08:00 – 20:00 and Sunday 10:00 – 18:00 at Tel. +49 89 55274891 or by fax +49 89 52032227 or by e-mail to info@bavaria-limousines.com

§ 12 Data protection

Bavaria Limousines processes personal data of the customer for a specific purpose and in accordance with the legal provisions. The personal data provided for the purpose of booking services (such as name, e-mail address, address, payment data) will be used by Bavaria Limousines to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the booking process or the provision of the service. The customer has the right to receive, upon request and free of charge, information about the personal data stored by Bavaria Limousines about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, provided that there is no legal obligation to retain such data. Further information on the nature, scope, location and purpose of the collection, processing and use of the required personal data by Bavaria Limousines can be found in the Privacy Policy.

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