General Terms and Conditions of Driversline GmbH
General terms and conditions
1. General, scope of application
(1) These General Terms and Conditions (GTC) apply to all our business relations with our customers (hereinafter: “Customer”).
(2) The GTC apply to contracts for services rendered, 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 to the extent that we have expressly consented to their application. This requirement of consent shall apply in any case, for example even if we perform the ordered service without reservation in the knowledge of the client’s GTC.
(4) Individual agreements made with the Client in individual cases shall in any case take precedence over these GTC. A written contract or our written confirmation shall be authoritative for the content of such agreements.
(5) Legally relevant declarations and notifications to be made to us by the Customer after conclusion of the contract (e.g. declaration of withdrawal or termination) must be made in writing to be effective.
(6) References to the applicability of statutory provisions shall only have clarifying significance. Therefore, even without such clarification, the statutory provisions shall 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 Customer may make its offer to enter into a contract in writing or orally.
(3) Acceptance of the contractual offer shall be declared in text form.
(4) The service includes the framework specified by order confirmation, the provision of a vehicle of the agreed type with driver and the performance of transportation.
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 is required to 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 upon request. In the event of a service being 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 shall be entitled to demand a down payment in the amount of 50 % of the invoice value. of 50 % of the invoice amount. The down payment shall be due and payable within 14 days from the date of the invoice, but at least one day prior to the performance of the relevant service.
(3) Upon expiration of the aforementioned payment period, the Customer shall be in default. During the period of default, interest shall be charged on the invoice amount at the statutory default interest rate applicable at the time.
(1) Insofar as nothing to the contrary arises from these General Terms and Conditions 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 shall not assume any liability for the breach of contract or the proper performance 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 case of simple negligence we shall only be liable
a) for damages resulting from injury to life, body and health, b) for damages resulting from the breach of an essential 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 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%,
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.
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.