General Terms and Conditions of Driversline GmbH

Terms of Service
1. General, Scope

(1) These General Terms and Conditions (GTC) apply to all our business relationships with our customers (hereinafter: “Principal”)

(2) The GTC apply to contracts for services rendered, in particular in the area of ​​personnel transport.

(3) Our terms and conditions 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 consented to their validity. This approval requirement applies in any case, for example, even if we carry out the ordered service without reservation in knowledge of the terms and conditions of the client.

(4) In individual cases, individual agreements with the client have priority over these terms and conditions. For the content of such agreements, a written contract or our written confirmation shall prevail.

(5) Legally relevant declarations and advertisements which are to be submitted by the customer to us after conclusion of the contract (eg declaration of resignation or termination) must be made in writing in order to be valid.

(6) References to the validity of statutory provisions are only of clarifying significance. Even without such clarification, therefore, the statutory provisions, unless they are amended or expressly excluded in these terms and conditions.

2. Conclusion of contract

(1) Our offers are non-binding.

(2) The client may submit his contract offer in writing or verbally.

(3) The acceptance of the contract offer is explained in text form.

(4) The service includes the scope specified in the order confirmation, the provision of a vehicle of the agreed type 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 at maturity.

(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 apply at the time of conclusion of the contract. Our current price lists can be made available to the customer by e-mail at any time upon request. If services are provided by a third party, the prices are based on their respective offers.

(2) The invoice amount is due and payable within 14 days without deduction from billing. For contracts with an invoice value of more than € 4,000.00 (net) we are entitled to pay a down payment i. H. v. 50% of the invoice amount. The deposit is due and payable within 14 days from the date of invoice, but at least one day before the performance of the service.

(3) Upon expiry of the above payment period, the customer is in default. The invoice amount is subject to interest during the default at the applicable statutory default interest rate

5. Liability

(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 the breach of contract or the proper performance of the contract by third party service providers.

(3) We are liable for damages – for whatever legal reason – in the case of intent and gross negligence.

With simple negligence we are liable only

a) for damage resulting from injury to life, limb and health; b) for damage resulting from the breach of a material contractual obligation; In this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.
We are liable to the same extent for the fault of vicarious agents and representatives.

6. Cancellation

(1) A booking made in accordance with these Terms and Conditions is binding.

(2) A cancellation can be made in writing or by e-mail. The customer has to pay the already incurred costs or expenses.

(3) In the event of cancellation or non-utilization, we require reasonable compensation depending on the services ordered, unless we are responsible for the cancellation and there is no case of force majeure.

(4) The lump-sum claim to cancellation fees usually amounts to the services to be provided or provided by us

up to the 2nd day before the service provision 25%,
up to the first day before the service provision 50%,
then 75%.
If the respective chauffeur is already on the way to the customer or the customer does not appear at the agreed pick-up time at the agreed pick-up time, without informing us about this, a cancellation fee of 100% will apply.

(5) The cancellation fee is to be set higher or lower if we prove higher costs or expenses or the customer proves that less or no costs or expenses have arisen.

7. Offsetting against counterclaims

The customer can only set off against our claims if the counterclaim of the customer is undisputed or a legally valid title exists. A right of retention can only be asserted if it is based on claims from the same contractual relationship.

8. Exclusion of carriage, transport of dangerous substances

(1) The respective chauffeur is free to exclude persons from the carriage who willfully or grossly negligently damage the vehicle.

(2) Our vehicles may not be used for the carriage of dangerous substances.

9. Data storage

The customer agrees that all customer data necessary for the proper order processing will be stored by us.

10. Liability of the customer

(1) The customer is responsible for all culpable of him, i. intentionally and negligently caused damage to the vehicle and to the driver personally and indefinitely.

(2) In addition, the customer is liable indefinitely and personally for all damages incurred during use for a prohibited purpose.

(3) The statutory liability provisions remain unaffected. The damage caused by transmission errors, misunderstandings and errors in the telephone, (written) or written by mail or e-mail with the customer or with third parties, the customer, unless the damage was caused by the company Driversline GmbH. Driversline GmbH reserves the right to ask for confirmation by telephone, (by mail) or by e-mail in order for reasons of security. If telephone, (remote) written or e-mail messages are confirmed in writing, the customer must immediately object to deviations between these notifications and the written confirmation.

11. Jurisdiction

If the customer is a merchant within the meaning of the 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 bring an action at the customer’s place of general jurisdiction12

12. Severability clause

Should one or more provisions of these terms and conditions be or become wholly or partially invalid or void, or should this agreement contain a gap, the validity of the provisions of these terms and conditions shall otherwise remain unaffected.