General Terms and Conditions of Chicago Luxury Limousines
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§ 1 Scope of
Application
The following General Terms and Conditions are exclusively
applicable to all current and future legal relationships between Chicago
Luxury Limousines (hereinafter referred to as "CLL") and
its clients. If these General Terms and Conditions are inconsistent with
provisions of the client or other third parties, these General Terms and
Conditions shall prevail even if CLL was aware of and did not oppose
the conflicting/deviating General Terms and Conditions of the client/third
parties and if CLL performs the services unreserved.
§ 2
Conclusion of the Agreement
An agreement is deemed to be concluded by the
written confirmation of the order. CLL will immediately confirm the
order, as a rule, however within 14 days at the latest. An agreement will also
be deemed to have been concluded when CLL actually renders the
services which have been ordered. The provisions in the above mentioned
sentences shall also apply to supplements and changes of the order which has
been placed.
§ 3 Services of CLL
CLL
undertakes to provide the customer with a vehicle in accordance with the
provisions of the Local Law which is roadworthy and in a perfect technical condition. The
vehicle will always be freshly cleaned at the start of the journey. The vehicle
will be insured in accordance with the Valid Insurance which are applicable from time to time: coverage in case of
property and financial damages 50 Mi; in case of bodily injury, the
insurance assumes a liability of up to Euro 8 million per person who has
suffered damages. CLL may provide the client with a different vehicle
type than the one he has rented. However this vehicle must be of the same or a
higher category (upgrade). All offers of CLL are exclusively
applicable to drives with driver. All chauffeurs hired by CLL hold a
valid passenger transport license according to the Passenger Transport Law in connection with the Regulation on
the Execution of the Passenger Transport Law. CLL reserves the right
to transfer all rights and obligations resulting from the agreement to another
company/another entrepreneur. The client will be informed about such a transfer
of the agreement. The client is entitled to rescind from the agreement within 3
days after having received the information on the transfer of the agreement.
§ 4 Obligations/Liability of the Client
The client is obliged to
use the vehicle with great care and to comply with all provisions which are
decisive for the use as well as with all technical regulations. The
vehicle-specific instructions given by the driver shall be abided by. If the
client does not use the vehicle in accordance with the agreement, the agreement
may be terminated without notice and without any separate information. CLL reserves the right of compensation in case of the above mentioned
immediate termination of the agreement for the entire duration which has been
agreed upon. In addition, CLL may claim for damages which resulted
from the non-conforming handling of the provided vehicle. The client is reserved
the right to proof that the actual damage which has been caused is lower than
the one specified. If the service of CLL cannot be rendered for
reasons which fall under the responsibility of client, e.g., if the client does
not comply with his contractual obligation to cooperate, the client is obliged
to pay the agreed compensation.
§ 5 Payment Conditions
Payments
are usually made after the issue of an invoice which is sent to the client's
invoice address which has been stated before the conclusion of the agreement.
Payments shall be made within 14 days after receipt of the invoice, the date on
which CLL receives the money is decisive. Cash payment in advance or
at the vehicle are also possible, an invoice will be sent by mail to the client
upon request. All common credit cards are accepted (American Express, Master
Card, Visa & Diners). The payment using a personal credit card can be
made directly after the end of the order in the vehicle. In case of presentation
of credit card data of third parties, an authorization of the credit card holder
concerning the expected invoice amount, a copy of the card (by fax, if
appropriate) and a copy of the DNI of the card holder will be required. The same
shall apply if the credit card cannot be presented for any reason, i.e. if the
person does not have it on hand.
§ 6 Cancellation
Conditions
Unless otherwise agreed, a unique expense allowance of Euro
50.- plus applicable VAT will become payable if the client cancels the agreement
up to 12 hours before the start of the order. If the client cancels within 12
hours to the actual start of the order, a cancellation fee of 50 % of the
expected invoice amount will become payable. Notwithstanding the cancellation
fees specified in the both above mentioned sentences, CLL reserves
the right to request the reimbursement of a higher damage/of higher expenses
from the client which may have arisen. In case of no show of the client at the
agreed place or in case of cancellations which are made directly on site, 100 %
of the expected invoice amount will become payable. The charging of the expected
order costs will always be made in favor of the client and may be limited to an
expense allowance of an adequate amount depending on the type and scope of the
order. The client may proof that the expenses which have arisen or the damage
which has actually been caused is lower than the one specified herein.
§
7 Liability of CLL
The liability of CLL for the
breach of obligations and for offences is limited to cases of intent and gross
negligence and, in case of clients who conclude an agreement with CLL
as entrepreneur (= natural/legal person or joint partnerships with legal
capacity which execute their commercial or self-employed profession upon
conclusion of the legal transaction), the liability is limited to the
replacement of the damages which arise typically. This shall not apply in case
of injury of life, body and health of the client as well as in case of claims
due to the breach of cardinal obligations and the replacement of damages caused
by default (§ 286 BGB [German Civil Code]). Insofar, CLL shall be
liable for every degree of the breach. The liability in case of breach of
cardinal obligations will be limited to damages which are regularly foreseeable.
In case of clients which conclude an agreement as entrepreneur, the liability
which does not result from the injury of life, body and health of the client is
limited to the damage which will typically be caused. Property damages which are
caused to clients due to the culpable behavior of CLL will only be
replaced if they do not exceed Euro 1,000.00 and which were caused by gross
negligence or intent. The liability irrespective of the fault in accordance with
the will remain unaffected by the provisions in §
7. Promises on dates are always expected times even if they are made in writing.
CLL does not assume any liability for the provision of vehicles which
is not on schedule and which is caused by adverse external effects. Any
resulting claims for damages made by the client shall be excluded in every case.
§ 8 Notice of Defects
The client must notify CLL of
any complaints or defects of the transport services within three working days
after the client has become aware of them. If no notification has been received,
the service is deemed to have been duly rendered and the claim for fees of
CLL to the person who rented the vehicle remains unaffected. If, as
an exception, the client cannot be reasonably expected to fulfill the
notification period, he shall notify the defect as soon as possible. The client
shall proof the unreasonableness to comply with the notification period.
§ 9 Place of Jurisdiction, Applicable Law, Written-Form Clause,
Translation of GTC
If the client does not have a general place of
jurisdiction in Germany or in any other EU member state, the seat of CLL shall be the exclusive place of jurisdiction for any and all disputes
arising from this agreement. If the client is a merchant, a legal person of the
public law or a public legal special asset, the place of jurisdiction shall be
the court which is competent for the seat of CLL and CLL
shall be entitled to sue the client at his general place of jurisdiction. The
law of the Federal Republic of Germany shall apply to this agreement. Any oral
commitments made by CLL, its representatives or other agents shall be
confirmed in writing by CLL, to be effective. These General Terms and
Conditions will also be available as a translation into English due to the
international business relations of CLL. In case of deviations
between the contents of the English translation and the German original, the
German original shall prevail.
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