General Terms and Conditions - AGB
(current version as of 01.01.2019)
§ 1 Scope of these terms and conditions
(1) LP Limousine Plus GmbH (hereinafter referred to as "Limousine Plus") provides all services (hereinafter referred to as "Service(s)") exclusively on the basis of the General Terms and Conditions (hereinafter referred to as "GTC"). This includes, in particular, the provision of occasional passenger transportation, bus rental services, rental car services and excursions by passenger car, as well as event management services. These GTC apply to all offers and contracts within the scope of current and future business relations, even if they should not be expressly agreed upon again. These General Terms and Conditions shall be deemed to have been accepted in commercial transactions at the latest when the agreed service is used.
2. supplementary, deviating, conflicting or deviating terms and conditions of the customer are hereby expressly rejected.
This would only be permissible if there is an agreement in text form (in writing, by e-mail or by fax) between the contracting parties regarding the deviation in question.
Individual agreements between the parties shall take precedence over these GTC. Conflicting GTC shall thereby become invalid. This requires a corresponding agreement on the validity of the conflicting GTC in text form. Declarations made by the customer to Limousine Plus after the time of conclusion of the contract must also be made in text form in order to be effective, otherwise the declarations made are of no legal significance.
4. regulations that have not been formulated in writing between the client and Limousine Plus are subject to the legal regulations.
§ 2 Offer and conclusion of contract
An order and declaration of acceptance always requires written confirmation by Limousine Plus to be legally effective. Offers are subject to availability at the time of booking.
Information and data relevant to the order must be provided to Limousine Plus within a reasonable period of time and in a binding version. Limousine Plus is furthermore not obliged to check the provided data for correctness. Additions, changes or subsidiary agreements also require written confirmation. Limousine Plus usually confirms the placed order immediately, but no later than within 30 days. A contract is also concluded as a result,
that Limousine Plus provides the ordered services. The offers of Limousine Plus are, contrary to § 145 BGB (German Civil Code), subject to change, unless they are expressly marked as binding.
§ 3 Service provision
1 Limousine Plus is not liable for the impossibility of performance, insofar as this has been caused by force majeure or other events unforeseeable at the time of the conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strike, lawful lockouts, shortage of labor, energy or raw materials, difficulties in obtaining special permits, official measures or the failure to deliver, incorrect delivery or late delivery by suppliers), for which Limousine Plus is not responsible.
2. the occurrence of a delay in performance shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the customer is required.
§ 4 Prices, payment modalities and mediation conditions
Unless otherwise agreed, the prices quoted by Limousine Plus in the offer after the customer's request shall always apply. The company contracted by Limousine Plus will be named at the time of booking confirmation, if possible. But at the latest with the announcement of the driver data.
2. the customer is obligated to pay the remuneration for the service stated in the offer, in the order confirmation or in the contract. of the respective statutory value added tax.
The terms of payment stated on the respective invoice shall apply.
3. additional services will be charged separately.
However, the fixed prices agreed before the start of the journey apply to the booked service (starting point and destination).
A change in the route, does not affect the fare, unless it is a significant change in service with one or more stops.
Should there be any changes to the conditions due to significant changes to the order,
these are not announced by the assigned driver, but by the office of Limosine Plus after recalculation.
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.
4. waiting times are considered individually depending on the type of order and, in the case of transfers, refer to the time before the guest enters the vehicle or leaves the vehicle during the order and the driver must wait accordingly to fulfill the promised service. If you are picked up at the airport, a waiting time of 30 minutes is included in the transfer price 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. For any pick-up locations not designated as an airport, the free waiting time is 15 minutes; for early arrivals, the same applies as for flight arrivals. After the expiration of the included waiting time, parking fees will be charged and 50% of an hourly fee of the vehicle category used by the customer will be charged for each additional 30 minutes of waiting time incurred.
5. if the client does not appear at the agreed meeting point at the agreed pick-up time, nor can he/she be reached personally or by telephone within the included waiting times, and has also not informed Limousine Plus of his/her delay in writing or by telephone, 100% of the transfer costs will be incurred and the order will be considered to have been executed.
6 Limousine Plus is entitled to demand advance payments for costs and expenses from the customer and accordingly to demand an advance payment of up to 2/3 of the invoice amount from the customer at the latest one week before the performance of the service. Furthermore, Limousine Plus is entitled to issue partial invoices for services already rendered.
7. unless a specific payment term is stated in the invoice, all payment amounts shall be due for payment at the latest after complete performance of the service.
8. default interest shall be charged to customers who are entrepreneurs at a rate of 8% p.a. above the respective prime rate and to customers who are consumers at a rate of 5% p.a. above the respective prime rate. Limousine Plus expressly reserves the right to assert a higher damage caused by delay. The claim to the commercial due date interest (§ 353 HGB) remains unaffected by this.
9. in case of price increase of raw material costs more than 10%, it is necessary for Limousine Plus and the customer to enter into negotiations again in order to determine a new price for the service(s). If the contracting parties cannot reach an agreement on a price adjustment within a period of 14 days, either contracting party may withdraw from the contract.
10. in principle we do not allow cash payment of the services ordered at the place of performance.
(Payment in the vehicle is not possible).
Only payment by credit card or bank transfer is possible after receiving the invoice, which you will receive by mail or e-mail.
For payments by credit card, the resulting fee (5%) will be added to the invoice amount.
§ 5 Cancellation conditions and fees
1. in the event of termination by the customer, the customer may be charged for costs already incurred. This also applies if the client is not at fault. Decisive for a cancellation is the receipt of the cancellation. Cancellations can only be accepted during normal office hours. If the agreed service is not used without written cancellation, the customer must pay the full agreed price.
2. cancellation fees
a) for vehicles up to max. 8 guest seats:
i) 7-6 days before provision -> 25% of the agreed invoice amount
ii) 5-3 days before provision -> 50% of the agreed invoice amount
iii) 48 h before provision -> 75% of the agreed invoice amount
iv) 24 h before provision -> 100% of the agreed invoice amount
b) for buses with 9 or more guest seats:
i) from 30 days before provision -> 10 % of the agreed invoice amount
ii) 29 - 11 days before provision -> 25 % of the agreed invoice amount
iii) 10 - 3 days before provision -> 50 % of the agreed invoice amount
iv) from 48 h before provision -> 100% of the agreed invoice amount
c) for vintage buses:
i) from 30 days before provision -> 50% of the agreed invoice amount
ii) from 7 days before provision -> 60 % of the agreed invoice amount
iii) from 48 h before provision -> 90% of the agreed invoice amount
iv) from 24 h before provision -> 100% of the agreed invoice amount
d) Fees for other services:
i) Packing & delivery of catering to a vehicle ordered from us: 35.00 € plus. VAT
ii) Packing & delivery of catering to a vehicle not ordered from us: 100,00 € plus. VAT
iii) Handling costs for additional services that are not related to the direct transportation of persons and cause administrative expenses (such as catering, hostesses, guides or similar): 30.00 € plus. VAT
(2) This shall not affect the right of both parties to terminate the contract without notice for good cause. An important reason can be, among other things, the application for judicial or extrajudicial insolvency proceedings over the assets of Limousine Plus or the customer and establishes a mutual right to terminate the contract.
3. the notice of termination must be in writing by fax or in original by mail.
4 Limousine Plus may terminate the contract before the start of the service, insofar as there is an unforeseeable reason (e.g. force majeure) and the service is not possible as a result.
5. in case of events preventing the execution of temporary duration, the dates of performance shall be postponed by the period of the hindrance.
§ 6 Obligations of the Customer to Cooperate and Prohibited Use
1. the customer is obliged to behave during the use of our vehicles in such a way as the safety and order of the operation, the customer's own safety, the safety of the driver and the consideration for other persons requires. The instructions of the chauffeur must always be followed during transportation. If the customer does not handle the vehicle in accordance with the contract, the contract can be terminated with immediate effect, insofar as the customer does not respond to a warning. In this case, the termination of transportation does not require a separate notification. The remuneration claim of Limousine Plus for the entire agreed duration of the order remains unaffected. This shall also not affect any claim for compensation for damage caused by the non-contractual handling of the vehicle provided. 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 in the event of soiling.
2. vehicles from Limousine Plus may not be used:
a) for the transport of hazardous substances of any kind
b) for the commission of criminal offenses within the meaning of the German Criminal Code (§§ 1-9 StGB), even if these are only punishable under the law of the place where the offense was committed
c) to journeys that go beyond the contractual use
3. the customer is prohibited from soliciting, persuading or coercing the driver to commit criminal acts.
§ 7 Offsetting and right of retention
The customer shall only have the right to offset if his counterclaims have been legally established or are undisputed and are based on the same contractual relationship.
§ 8 Reservation of right of modification
In principle, the vehicle ordered in accordance with the order will be provided. If for any reason of impossibility of performance a contractual delivery is not possible, Limousine Plus reserves the right to provide another vehicle. If the vehicle is in a lower price category, the customer is entitled to a reduction of the invoice amount in the amount of the price difference. The right to terminate the contract is not associated with this.
§ 9 Liability
1. claims for damages of any kind, regardless of the legal basis, are excluded, unless Limousine Plus or its agents have acted intentionally or with gross negligence.
2 Claims for damages arising from impossibility of performance, from breach of contractual duty or another tort are excluded both against Limousine Plus and against its vicarious agents, insofar as no intentional or grossly negligent action is involved. The liability of Limousine Plus is limited to a maximum of 3 times the agreed service price. Personal injuries are limited by the motor vehicle liability insurance in accordance with legal requirements. All possible claims for services not rendered in accordance with the contract on the part of Limousine Plus must be submitted to Limousine Plus in writing within 5 working days after completion of the order. Limousine Plus is not responsible for delays in performance due to events that make performance particularly difficult or impossible for Limousine Plus (this includes in particular technical breakdowns, force majeure, weather-related emergency, legal requirements, strike, lockout, demonstrations, etc.), even if they occur at suppliers, even in the case of bindingly agreed deadlines and dates. Limousine Plus is also exempt from liability insofar as an overrun of the transport period is due to circumstances which it could not have avoided even with the greatest care and the consequences of which it could not have averted. Compensation for consequential damages such as lost profits and lost benefits of use is excluded.
3. the customer as well as possible beneficiaries are liable unlimited, personally and jointly and severally for damages caused due to prohibited use.
§ 10 Jurisdiction
The place of jurisdiction is - insofar as the customer is a fully qualified merchant or a legal entity under public law or a special fund under public law - the registered office of Limousine Plus, Cologne.
§ 11 Choice of law
The contractual relations between the contracting parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the customer is domiciled or has its registered office abroad.