§ 1 Binding nature of these conditions
1. The company Omid Jafarzadehpour (hereinafter referred to as “Limousine Drive”) provides all services (hereinafter collectively referred to as “SERVICES”) exclusively on the basis of these General Terms and Conditions (“GTC”). These General Terms and Conditions apply to all offers and contracts in the context of current and future business relationships, even if they are not expressly agreed again. At the latest when the agreed SERVICE is used, these GTC are deemed to have been accepted in commercial transactions.
2. Any existing, deviating, conflicting or supplementary terms and conditions of the CUSTOMER are hereby expressly rejected, unless there is an agreement in text form (in writing, by e-mail) between the contracting parties with regard to the deviation in question.
3. Each individually made agreement with the CUSTOMER takes precedence over these GTC, as these then correspond to the will of the contracting parties. The conflicting terms and conditions are irrelevant in this respect. This requires a corresponding contract on the validity of the conflicting terms and conditions in text form. Declarations that the CUSTOMER makes to Limousine Drive after the conclusion of the contract must also be in text form to be effective, otherwise the declarations made are without legal significance.
4. Unless otherwise agreed between Limousine Drive and the CUSTOMER, the statutory provisions shall apply. Any references to legal regulations are purely declaratory.
§ 2 Offer and conclusion of contract
1. The corporate purpose of Limousine Drive is the provision of services, in particular chauffeur services and the provision of upscale vehicles for the transport of people.
2. The ordering of the SERVICES by the CUSTOMER is considered a binding contract offer. Unless otherwise stated in the CUSTOMER’s order, Limousine Drive is entitled to accept this contract offer within 30 days of receipt of the order.
3. Acceptance can be declared either in text form or by providing the SERVICE to the CUSTOMER.
4. Contrary to § 145 BGB, Limousine Drive’s offers are non-binding unless they are expressly marked as binding.
§ 3 Provision of Services
1. Limousine Drive is not liable for the impossibility of the PERFORMANCE if this is due to force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, labor shortage, energy or raw materials, difficulties in obtaining official permits, official measures or non-existent, incorrect or late delivery by suppliers) for which Limousine Drive is not responsible. Limousine Drive will inform the CUSTOMER of such circumstances immediately after becoming aware of them.
§ 4 Prices and terms of payment
1. Unless the contracting parties have agreed otherwise in text form, the prices of Limousine Drive apply in accordance with the price list, which can be requested from Limousine Drive. We reserve the right to correct calculation offers, price changes or errors. If an order exceeds the value of EUR 5,000.00 net when calculating the price, an advance payment of 50% of the total price must be made. Furthermore, Limousine Drive is entitled to issue partial invoices for services already rendered. Payments can be made by credit card, cash or bank transfer.
2. When paying by credit card, the resulting fee (3%) will be added to the invoice amount.
3. Unless a specific term of payment is specified in the invoice, all payment amounts are due for payment at the latest after the SERVICE has been rendered in full. Default interest will be charged to the CUSTOMER who is an entrepreneur at 8% p.a. above the respective base rate and for the CUSTOMER who is a consumer at 5% p.a. above the respective base rate. Limousine Drive expressly reserves the right to claim higher damages caused by delay. Limousine Drive’s claim to the commercial default interest (§ 353 HGB) remains unaffected by this.
§ 5 Language
The accepted languages for communication and contracts by telephone, letter and email with Limousine Drive are English and German.
§ 6 Termination and Cancellation Fees
1. If the customer withdraws from a contractual booking, the costs incurred can be charged to the customer. The client is entitled to prove in writing that the costs are lower than stated or have not been incurred.
2. In the event of cancellation 24 hours before the ordered/agreed time, any additional costs will be charged at 100% of the amount. If the chauffeur/vehicle is already on the way to the customer or at the agreed place and the customer does not make the trip or cancels the service on the same day, the full booking value will be charged by invoice. A cancellation 48 hours before ordered time will be charged with 50% of the total amount. In this case, the customer is free to prove the loss of Limousine Drive.
3. For larger events, our cancellation fees may be temporarily adjusted to meet requirements.
4. The mutual right to terminate the contract without notice for good cause remains unaffected. In the event of the dissolution or closure of the CUSTOMER’s company or in the event of an application for judicial or extrajudicial insolvency proceedings against the assets of Limousine Drive, the right to termination without notice for good cause.
5. The termination must be in writing.
6. Limousine Drive can terminate the contract before the start of the SERVICE if Limousine Drive is unable to provide the SERVICE for an important reason, such as force majeure within the meaning of Section 3
paragraph 1, in this case, the CUSTOMER will immediately receive a corresponding message.
§ 7 CUSTOMER’S obligations to cooperate and prohibited use
1. Limousine Drive vehicles and personnel may not be used for:
a) Transportation of hazardous, explosive, hazardous materials.
b) To commit criminal offenses under German law (StGB with all its sections).
c) For journeys outside of the contractually agreed journeys, it is expressly forbidden to expressly request the chauffeur to commit criminal offenses with or without a vehicle in accordance with numbers a, b & c.
2. The customer is personally and unlimitedly liable for all culpable, intentional and negligent damage caused to the chauffeur and the vehicle. The customer has unlimited personal liability for damage resulting from the use of prohibited purposes and materials. The statutory liability provisions remain unaffected. The customer is liable for damage resulting from communication errors, mistakes and misunderstandings during calls, letters or e-mail communication with the customer or even third parties, insofar as the damage is not caused by Limousine Drive. For certain reasons, Limousine Drive reserves the right to request confirmation of bookings made by telephone, e-mail, fax or in writing. The customer promptly queries any discrepancies between this notice and the written confirmation.
§ 8 Set-off and right of retention
1. The CUSTOMER only has the right to offset if his counterclaims have been legally established or are undisputed.
2. The CUSTOMER is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 9 Subject to change
In principle, the vehicle ordered in accordance with the order is made available. Should it not be possible to fulfill the order for internal company reasons or objective impossibility, Limousine Drive reserves the right to provide another vehicle. In doing so, Limousine Drive endeavors to keep the deviation from the vehicle ordered as small as possible with regard to the contractual purpose. If the vehicle is in a lower price category, the CUSTOMER is entitled to a reduction in the amount of the price difference. A right to terminate the contract is not associated with this.
§ 10 Liability
Limousine Drive is liable to the customer for all culpable, intentional and negligent damage, insofar as the damage is covered by motor vehicle liability insurance for the vehicle in question. In the event of default, liability is only assumed in the event of gross negligence or intent. Limousine Drive may hire third parties to carry out all or part of the commissions assigned to it if it deems this to be justified, taking into account the interests of the customer. If Limousine Drive makes use of this option, this is limited to the careful selection and instruction of the selected third party.
§ 11 confidentiality clause
The chauffeur is bound to confidentiality at all times. What is spoken or discussed in our vehicles or with our chauffeurs is not passed on to third parties.
§ 12 Claims for damages
Claims for damages against Limousine Drive are only due if they are free from all causes of action and complaints, depending on the reason and amount of the asserted amount. When claims for damages result from traffic accidents, a claim can only be legitimate if the investigation file has been pre-examined. For all other claims against Limousine Drive, Limousine Drive will only provide compensation on the basis of invoices that meet general legal requirements.
§ 13 Credit and Bankruptcy
1. Limousine Drive is entitled to perform or provide outstanding SERVICES only against advance payment or security if circumstances become known after conclusion of the contract which are likely to significantly reduce the CUSTOMER’s creditworthiness and which require the payment of open claims of Limousine Drive by the customer CUSTOMERS appear endangered from the respective contractual relationship. This applies in particular if the CUSTOMER is already in arrears with due claims against Limousine Drive.
2. If the CUSTOMER becomes insolvent, Limousine Drive is entitled to withdraw from the contract.
§ 14 Text form
All additions, changes and ancillary agreements must be in text form, i.e. in writing or by email, to be legally effective. Verbal ancillary agreements only become effective if the text form clause has previously been canceled in compliance with the text form.
§ 15 Jurisdiction
Choose your chauffeur seat as the place of jurisdiction for all disputes or in connection with the contract or the contractual relationship, provided that:
1. The domicile or habitual abode of the customer is not known at the time legal proceedings are initiated.
2. The customer has no domestic general place of jurisdiction.
3. The customer relocates his domicile or habitual abode abroad after conclusion of the contract.
4. The customer is a person who is a registered merchant within the meaning of Section 38 (1) of the German Code of Civil Procedure (ZPO).
5. The customer is a merchant within the meaning of § 1 HGB.
§ 16 Severability Clause
Should one or more provisions of the contract or these General Terms and Conditions be or become invalid and/or unenforceable, the validity of the remaining provisions shall not be affected. The ineffective or unenforceable clause should be replaced by a provision that comes as close as possible to the intended purpose of the provision in legal and economic terms, provided that this does not result in any significant change in the content of the contract; the same should apply if a situation that requires regulation is not expressly regulated.