General Terms and Conditions
MB Limousine Service
General Terms and Conditions
§ 1 Scope of application
The following terms and conditions apply to all services provided by MB Limousinenservice to date. They shall also apply to all future utilization of our services without expressly agreeing to them again. The binding acceptance of our terms and conditions occurs at the latest when our services are used.
If the terms and conditions of MB Limousinenservice are in conflict with the customer or other third parties, these shall take precedence, even if there was knowledge of deviating terms and conditions, these were not contradicted and the service was provided without reservation.
Deviations or changes are only effective if they have been confirmed in writing.
§ 2 Placing of order, subject matter of contract and conclusion of contract
Offers made by MB Limousine Service are non-binding and subject to change. Written confirmation of the order is required for acceptance. Any ancillary agreements or amendments are always subject to written confirmation.
The subject of the contract is the transportation of passengers as a whole and the associated services. A contract is also concluded if the services ordered are actually provided.
The client shall provide all information relevant to the execution of the order, including the number of persons, pieces of luggage, flight number, etc., within a reasonable period of time prior to the execution of the order.
§ 3 Benefits and transportation
All services are offered exclusively with a chauffeur. The vehicle is cleaned at the start of the journey and is in a visually and technically perfect condition. The vehicle used complies with the legal requirements for rental cars for passenger transportation.
If the rented vehicle type is not available, MB Limousinenservice may use another, comparable vehicle type from another manufacturer.
All chauffeurs employed are in possession of the necessary driving licenses, including the passenger transport license, and receive regular professional training.
MB Limousinenservice reserves the right to transfer the rights arising from this contract to another company in exceptional cases. The client will be informed of this immediately. The client has the right to withdraw from the contract within 2 days of becoming aware of this. MB Limousinenservice reserves the right to exclude persons if there are compelling reasons for exclusion from transportation which would result in a risk to safety, or if the chauffeur’s instructions are not complied with, or if the vehicle is wilfully or grossly negligently damaged.
§ 4 Prices
The current prices listed on the homepage apply. Exceptions are made by flat-rate agreements. The offers made by MB Limousine Service are valid for a period of 10 days. Additional services will be charged separately if not agreed separately. This includes parking fees, tolls and highway tolls, hotel costs and all expenses that are not included in the price and are ordered by the customer or the transported persons in connection with the service.
§ 5 Terms of payment
Unless otherwise agreed, payments are due 14 days after receipt of the invoice. The receipt of payment is decisive for meeting the deadline. The invoice amount is to be transferred without deduction to an account specified on the invoice. Cash payment in the vehicle in euros or payment by crossed check is also possible. For new customers from abroad, payment must be made in advance. Major credit cards, Visa, Master Card and American Express and EC cards are accepted. Payment by credit or EC card can also be made in the vehicle.
Payment shall be deemed to have been made when MB Limousine Service has the invoice amount at its disposal.
If the contractual partner is in default of payment, the usual bank interest for overdrafts at that time shall be charged after expiry of the payment period. If the contractual partner does not meet his payment obligations, or if there is reason to question his creditworthiness, MB Limousinenservice is entitled to declare the total debt due or to demand securities. If the creditworthiness is in question, MB Limousinenservice can withdraw from all contracts.
§ 6 Cancellations
If the client withdraws from the contract or if the commissioned services are not used, irrespective of any fault on the part of the client, MB Limousine Service is entitled to charge a reasonable fee for the planning and activities already undertaken to fulfill the order. This compensation for expenses can be fixed at a flat rate and will be limited to a reasonable amount in favor of the client, depending on the type and scope of the order.
A cancellation must be made in writing, the date of receipt of the cancellation is decisive. If the service is not utilized by the client without written cancellation, the full invoice amount is due for payment.
In the event of cancellation, MB Limousine Service will charge the following proportion of the agreed amount:
7-5 days before departure: | 15 % |
4-3 days before departure: | 25 % |
from 48 hours before departure: | 50 % |
from 24 hours before departure: | 95 % |
§ 7 Liability and obligations of the client
The customer must behave during the journey in such a way that in particular his own safety and that of our chauffeur is not endangered. The vehicle must be handled with care and the technical instructions must be observed during use.
For reasons of road safety, the customer undertakes to follow the chauffeur’s instructions. If the instructions are not followed or if the vehicle provided is not used in accordance with the contract, the customer is entitled to terminate the contract immediately without further notice. In this case, MB Limousine Service is entitled to invoice the service for the entire order. In case of non-contractual handling of the vehicle, a claim for damages arises. Any damage to the vehicle or other damage is to be compensated by the customer or the client. If the customer and the client are not identical, they shall be jointly and severally liable even if the client is not at fault. If the vehicle is soiled due to gross negligence or negligence, the cleaning will be invoiced separately.
The client is at liberty to provide evidence that the actual damage is lower.
§ 8 Liability of the Contractor
If it is impossible to provide the contractual service or if there is a breach of duty from a contractual point of view, claims for damages against MB Limousinenservice and its vicarious agents are excluded. This applies insofar as there is no willful misconduct or gross negligence. In the event of liability, this is limited to a maximum of three times the order amount against MB Limousinenservice. The motor vehicle liability insurance covers personal injury up to a maximum of 8,000,000 euros per injured person. In the event that possible claims for damages due to non-fulfillment of contractual services come into consideration, these must be submitted in writing to MB Limousinenservice no later than the 3rd working day after completion of the order. No liability is assumed if the service cannot be provided in whole or in part due to force majeure or special events, even if orders with fixed dates or deadlines have been agreed. This is to be understood as: Force majeure due to weather conditions, technical malfunctions and breakdowns of the vehicle, legal regulations, or even strikes. The exclusion of liability also applies if the aforementioned reasons occur at partner companies required to fulfill the order. Under these circumstances, MB Limousinenservice is entitled to set a new date for the provision of the service for the duration of the impairment plus a reasonable period of time, or to withdraw from the contract in whole or in part, taking into account the part not yet fulfilled. An exclusion of liability is also given if the duration of the transportation has been exceeded, but this is based on the fact that even with the greatest care an overrun and its consequences could not have been avoided.
§ 9 Place of jurisdiction, choice of law and translation of the GTC
The law of the Federal Republic of Germany shall apply to all previous business and legal relationships between the contractual partner and MB Limousinenservice. For all disputes arising from the contractual relationship, the exclusive place of jurisdiction is the court responsible for the registered office of MB Limousinenservice. If the customer is a merchant, a legal entity under public law or a special fund under public law, the competent court of the registered office of MB Limousinenservice is agreed as the place of jurisdiction. MB Limousinenservice is also entitled at its own discretion to choose the competent court of the contractual partner as place of jurisdiction.
The General Terms and Conditions are also available in English due to the international business relations. In the event of any discrepancies between the English translation and the German text, the German version shall prevail.