§ 1 Scope

1. Marcel von Angern, hereinafter referred to as the contractor or Grunewald Limousine Service, provides all services exclusively on the basis of these general terms and conditions. These terms and conditions apply to all current and future contracts and offers, even if they are not expressly agreed. At the latest with the use of the services of the Grunewald Limousine Service, the terms and conditions are considered binding and accepted.

2. Deviating, conflicting or supplementary general terms and conditions of our customers or other third parties are hereby expressly contradicted, unless there is an agreement in text form between the contracting parties with regard to the relevant deviation.

3. Individual agreements made with the client on a case-by-case basis always take precedence over these terms and conditions. A written contract or our written confirmation is required for the content of such agreements.

4. Declarations that the client makes to Grunewald Limousine Service after the contract is concluded must always be in writing to be effective.

5. Unless otherwise agreed between the contractor and the customer or other third party, the statutory provisions apply. References to the validity of legal regulations only have a clarifying meaning. Even without such a clarification, the statutory provisions apply, unless they are directly changed or expressly excluded in the GTC.

§ 2 Offer and conclusion of contract

1. Unless otherwise agreed in writing, the offers from Grunewald Limousine Service are subject to change and non-binding.

2. The contract offer is accepted either in text form or by providing the service to the customer.

3. The customer guarantees to the contractor that all information necessary to carry out the service is complete and correct.

4. The employees of the Grunewald Limousine Service, the subcontractors or other third parties are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contract.

5. The customer is obliged to pay the agreed fare when due.

§ 3 subject matter of the contract

The Grunewald Limousine Service transports people, animals, goods and documents in the context of passenger transport in rental car traffic. The Grunewald limousine service arranges passenger transport services to qualified and carefully selected third parties (cooperation partners), if they are unable to drive themselves. There is no obligation to carry.

§ 4 Exclusion from Carriage / Prohibited Use

1. Persons or goods that pose a threat to security and order are excluded from transport. A passenger who is already boarding can also be excluded from further transport if he or she poses a threat to the safety and order of the journey.

2. Dangerous substances and objects, in particular explosive, easily flammable, radioactive, bad-smelling or caustic substances are generally excluded from transport. Likewise, unpackaged or unprotected goods, if this could injure passengers.

3. The transport of animals is only permitted by prior agreement. The driver can refuse to transport the animal if the customer does not provide a suitable transport box or if the safety of the driver or passengers is impaired. Animals are generally not allowed to be accommodated on seats. Should the animal be transported from the above If this is not possible for reasons, the contractor is entitled to withhold or invoice the full fare.

4. The driver can refuse to transport luggage if this restricts the safe transport or exceeds the capacity limit.

5. During the entire journey, the road traffic regulations apply to all passengers. The instructions of the driver must always be followed. Passengers who do not follow the driver’s justified instructions despite being warned can be excluded from carriage, especially if they pose a threat to the safety and order of the company, to the driver or to themselves. In this case, the interruption of the journey does not require any additional notification and the entitlement to remuneration remains unaffected.

6. Smoking and the consumption of food are prohibited in the passenger compartment of the vehicles. In the event of excessive contamination or damage to the vehicle, the customer is obliged to bear the costs of cleaning and / or removing the damage.

7. Means of transport of the Grunewald limousine service may not be used to commit criminal offenses within the meaning of the German Criminal Code (§§ 1-9 StGB).

8. The transport of children must always be specified when ordering the vehicle. Likewise, the number of children, age, height and weight, so that legal child seats can be taken along. If the customer fails to provide information about this, the driver can refuse the journey and the contractor is entitled to withhold or invoice the full fare.

§ 5 Customer’s obligation to cooperate

As far as it is necessary for the performance of the service, the customer or the beneficiary / third party cooperates in good time and accepts the service at the agreed place at the agreed time. If this is not done or is delayed or contrary to the agreement, additional expenses must be remunerated in accordance with the current price list.

§ 6 Withdrawal from the contract

1. The Grunewald Limousine Service is entitled to withdraw from the contract at any time if it is impossible to carry out the service. Reasons for this can be: B. Force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. strike, shortage of workers, shortage of energy or raw materials, operational disruptions of all kinds, transport delays) The contractor will inform the customer about such circumstances immediately after becoming aware of them. The Grunewald Limousine Service is also entitled to withdraw from the contract if the client violates his contractual obligation. All possible claims due to non-contractual performance of the Grunewald limousine service must be made in writing within three working days after completion of the order.

§ 7 cancellation fees

1. Cancellations or terminations are only effective if they are made in writing. Oral cancellations are only effective after confirmation by the contractor. In the event of termination by the customer, costs already incurred may be invoiced. This also applies if the customer does not start the journey in accordance with the contract, even if the customer is not at fault.

2. The lump-sum entitlement to cancellation fees in the context of simple transfer trips is regulated as follows:

Cancellations up to 48 hours before the start of the order: free of charge
Cancellations less than 48 to 12 hours before the start of the order: 50% of the order value
Cancellations less than 12 hours before the start of the order: 100% of the order value

3. The following cancellation rules and fees apply to events (more than three vehicles):

Cancellation of the order by the customer up to 14 days before the start of the order: free of charge.
Cancellation of the order by the customer less than 14 days up to 7 days before the start of the order: 50% of the order value
Cancellation of the order less than 7 days before the start of the order: 100% of the order value

4. The following cancellation rules and / or fees apply to hourly bookings (more than 3 hours) and city transfers:
Cancellation of the order by the customer 72 hours (3 days) before the start of the order: free of charge
Cancellation of the order by the customer less than 72 to 24 hours before the start of the order: 50% of the order value
Cancellation of the order by the customer less than 24 hours before the start of the order: 100% of the order value

5. If the respective chauffeur is already on the way to the customer or if the customer does not appear at the agreed pick-up location at the agreed pick-up time (no-show), a cancellation fee of 100% will apply.

§ 8 Rebooking

Rebookings are basically treated like new bookings. The cancellation conditions (§ 7) for the originally agreed service continue to apply. The Grunewald Limousine Service can assert the remuneration claim for the originally agreed service, unless otherwise agreed.

§ 9 right of withdrawal

You can revoke the contract concluded with us within two weeks without giving reasons in writing (by letter or email).
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear declaration.
Timely dispatch of the cancellation is sufficient to meet the cancellation deadline.

The right of cancellation does not apply to short-term bookings (less than 14 days before the start of the order).

If you cancel the contract in due time, we have to reimburse you for all payments that we have received from you immediately and at the latest within fourteen days from the date on which we received notification of your cancellation of the contract.

Please send your revocation to the contact address that you can find in the legal notice.

§ 10 waiting time

Waiting times of up to 10 minutes are included in the invoice price for normal transfers. Any further waiting times will be billed according to the current price list. If the customer does not appear at the agreed location after 10 minutes without having communicated this with the contractor, the driver may move away from the order location without further notification. If the waiting time is exceeded so that a follow-up order cannot be carried out on time, the contractor may cancel the order and claim the agreed invoice amount in full. Flight delays are to be reported to the contractor after they have been immediately acknowledged. In the event that the customer does not communicate a flight delay known to him to the Grunewald limousine service, the contractor reserves the right to invoice the parking fees resulting from the additional waiting time.

§ 11 prices and payment methods

1. Unless otherwise agreed, the prices of the Grunewald limousine service apply in accordance with the current price list (which can be requested at any time by e-mail) plus statutory VAT.

2. The invoice amount is due after the service has been provided, but no later than after the invoice has been issued – without deduction – in accordance with the payment terms stated on the invoice.

3. The invoice can be paid by bank transfer, credit card or PayPal. Transaction fees when paying by bank transfer are borne by the customer.

4. When paying by credit card or PayPal, payment is due immediately.

5. Services that have not been provided can also be invoiced in accordance with the cancellation conditions of the Grunewald Limousine Service (§ 7) and are due at the latest after the invoice has been issued under the terms of payment stated in the invoice.

6. In the case of contracts with an invoice value of more than EUR 3,000.00 net, the Grunewald Limousine Service is entitled to request a down payment of 50% of the invoice amount. The deposit is due after the invoice has been issued under the terms of payment stated in the invoice.

7. The contractor is also entitled to issue partial invoices for services already rendered, even if the service has not yet been fully rendered.

8. When the payment deadline specified in the invoice has expired, the customer is in default of payment. In the event of default in payment, default interest in the amount of 5% p.a. above the respective base rate arises. The Grunewald Limousine Service reserves the right to commission a debt collection company 10 days after the second reminder. The cost of commissioning a debt collection company will be billed to the customer. A reasonable fee can also be charged for each reminder.

9. In the event of a price increase in raw material costs of more than 15%, the price can be increased appropriately by the contractor. The price increase requires the consent of the contractor. If the contractor does not agree to the price increase within a period of 10 days, both contracting parties can withdraw from the contract.

10. For non-redeemable credit card withdrawals, the Grunewald limousine service can invoice the customer for the fees incurred as well as a reasonable processing fee.

§ 12 Liability of the Grunewald limousine service

1. The Grunewald limousine service is only liable to the customer for damage to life, body and health in the event of intent or gross negligence within the framework of the statutory provisions. Any further liability is excluded.

2. In the case of simple negligence, the Grunewald Limousine Service is only liable if essential obligations (cardinal obligations) have been violated in the performance of the contract. Cardinal obligations are essential obligations of a contract that must be fulfilled in order to achieve the specified contractual objective. In addition, liability for slightly negligent breach of other contractual obligations and for lost profit, additional personnel expenses for the customer, loss of use and / or loss of sales is excluded.

3. The above restrictions also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.

4. The Grunewald limousine service is not liable for the impossibility of the service. An impossibility of the service occurs inter alia. for the following reasons: force majeure, strikes and lockouts, riots, acts of war or terrorism, traffic accidents, road blockades, official measures, other unforeseeable events.

5. The Grunewald Linousinendienst can, in its own name, commission third party service providers (cooperation partners) to fulfill and carry out the service in whole or in part. In this case the responsibility of the Grunewald limousine service is limited to the instruction of the selected third company. The Grunewald Limousine Service assumes no liability for breaches of contract or the proper fulfillment of contracts by third parties. When placing orders with cooperation partners and external companies, the customer and the executing company are fundamentally contractual partners. In this case, the Grunewald Limousine Service acts exclusively as a contact agent and is not liable.

6. Risks during film and photo jobs or similar jobs outside of pure passenger transport are only to be covered by additional insurance for the customer.

§ 13 Performance by provided vehicles

If the customer provides the contractor with their own vehicles to perform the service, the customer or the vehicle owner is obliged to take out fully comprehensive and liability insurance for these vehicles with a maximum deductible of EUR 1,000. Furthermore, the commercial use of the vehicles must be permitted.

§ 14 Liability of the customer

1. The customer is personally and indefinitely liable for all damage caused by him to the vehicle and to the driver.

2. In the event of damage caused by prohibited use, the customer is also personally and indefinitely liable.

3. The customer is also liable for transmission errors, misunderstandings and mistakes that have arisen in communications and are not due to the fault of the contractor.

§ 15 Claims for Compensation

Claims of the customer must be reported in writing immediately after the end of the transport.

§ 16 Subject to change

If, for internal company reasons, it is not possible to provide the vehicle ordered, the contractor reserves the right to provide another vehicle. If this is a vehicle in a lower price category, the invoice amount can be adjusted accordingly. There is no right to terminate the contract by using another vehicle.

§ 17 data storage

The customer agrees that the Grunewald limousine service stores personal data for company purposes. If a cooperation partner is used to provide the service, your personal data will be passed on to them in order to fulfill the order. If you do not wish this, we ask for a short written notification.

§ 18 Photographs

The customer permits the contractor to use photos and video recordings taken at events in full and to publish them for their own advertising purposes. Any objection by the customer must be in writing.

§ 19 place of jurisdiction

The place of jurisdiction for all disputes arising from the contract is Berlin, provided the customer is a businessman, a legal entity under public law or a special fund under public law.

§ 20 text form

All additions, changes and side agreements must be made in writing to be legally effective.

§ 21 Choice of law

The contractual relationships between the contracting parties are subject to German law to the exclusion of the UN sales law, even if the customer has his place of residence or his company headquarters abroad.

§ 22 Severability Clause

Should individual provisions including this provision be wholly or partially ineffective or become in the future or should the terms and conditions contain a loophole, the effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The respective statutory provisions come into force instead of the ineffective or missing provisions.