First Class Chauffeur Service Ralph Zoberbier: you enjoy the ride!
Photos: Ralph Zoberbier
Photos: Denis Rozhnovsky © fotolia
This is the English translation of the "Allgemeine Geschäftsbedingungen" of the chauffeur service Ralph Zoberbier. This text is provided for the convenience of our non-German-speaking customers and for information only. Legally binding is the original German-language version.
§ 1 Scope
These Terms and Conditions (hereafter referred to as "T&C") govern the relationship between the chauffeur service Ralph Zoberbier (hereafter referred to as "chauffeur service") and customers who use this chauffeur service. The T&C apply, unless they are explicitly changed, for all individual contracts between customers and the chauffeur service.
The current version of the T&C is also available on the web site of the chauffeur service (currently www.firstclasschauffeur.de) for customers of chauffeur service. The T&C apply in that version which is entered into the contract at the time of contract conclusion.
Possibly different, contrary or additional terms and conditions of the customer which are not in accordance with these T&C are hereby explicitly excluded. Such conditions are customers only and to the extent part of a contract between the customer and the chauffeur service when the chauffeur service has expressly agreed to their validity in writing.
§ 2 Chauffeur Service
The chauffeur service has its company office in 85258 Weichs north of Munich and is a passenger transportation enterprise within the meaning of § 49 of the Passenger Transport Act (Personenbeförderungsgesetz - PBefG), which regulates the commercial passenger transport. The chauffeur service is certified by the local Chamber of Commerce and Industry and approved by the appropriate approval authority.
The chauffeur service provides the customer for the agreed upon duration and purpose with a passenger vehicle and a driver as a service. Both vehicle and driver comply with all applicable German rules and regulations.
§ 3 Conclusion of individual contracts and subsequent changes requested by the customer
Individual contracts between the customer and the chauffeur service are concluded at the time when the chauffeur service sends an order confirmation to the customer or begins providing the service.
The order confirmation may be sent on paper or in e-mail form.
As long as the order confirmation has not yet arrived at the customer’s, or the chauffeur service has not yet started providing the service, the customer may cancel the booked passenger transportation service free of charge.
Changes to the agreed upon details of the transportation service after a booking confirmation has been sent are subject to the acceptance by the chauffeur service and shall be confirmed by an updated booking confirmation.
Subsequent spontaneous changes to the booked transportation service by the customer may lead to changes to the agreed upon price. If the customer is not the passenger the rights and obligations of changes to the transportation service switch to the passenger.
The chauffeur service reserves the right to have customer orders fulfilled by a cooperation partner.
§ 4 Service preconditions
Unless agreed upon otherwise in the order confirmation, the customer is entitled to receive passenger transportation services for up to three persons, including children and adults.
For the transportation of children under 12 years of age or less than 150 cm of height, the customer has to mention this fact explicitly at the time of booking as there are legal requirements for approved safety equipment for the transportation of children (children safety seats). The chauffeur service shall make a best effort to provide suitable children safety seats, but this cannot be guaranteed in all cases before conclusion of the contract. Children are transported only in accordance with the above provisions.
The customer has the right to take along luggage to the extent that it can be transported in the trunk space of the vehicle.
Animals can be transported only if the safety of the driver and passengers is not compromised and if the space in the vehicle allows.
Dogs can be transported in the footwell of the front passenger seat only.
If the preconditions listed above in this paragraph are not met and the trip is not carried out for reasons of non-fulfillment of the above preconditions, the customer is obligated to pay the agreed upon price in full.
§ 5 Cancellations, passenger delays and no-shows of passengers
Exceptional situations including but not limited to traffic or weather conditions may affect the extent of the agreed upon transportation service and may lead to delays or cancellations by the chauffeur service on short notice. These force-majeur conditions need to be accepted by the customer without compensation to the customer. The customer is not obligated to pay for transportation services cancelled by the chauffeur service.
In case of a passenger no-show situation without prior cancellation of the customer in accordance with § 3 section 3, the full agreed upon price of the transportation service will be billed to the customer. The passenger shall be deemed a no-show, if the passenger or passengers have not appeared at the agreed upon pickup location within 30 minutes after the agreed upon pickup time, unless the pickup location is at an airport or a train station in which case the no-show window ends after 60 minutes. If the customer has requested the chauffeur service to wait, a waiting time surcharge shall be added to the agreed upon price for the transportation service.
§ 6 Prices and payments
The price for the transportation service specified in the order confirmation includes all applicable taxes.
The customer is obliged to pay the agreed price in full within the agreed payment method and within the agreed period of time (e.g. at the time of service in cash or through mobile payment systems or thereafter by bank transfer).
Invoices detailing applicable taxes for passenger transport services are offered to the customer in paper or electronic form at the option of the customer.
§ 7 Obligations of passengers
The passenger or passengers are obligated to use and treat the vehicle with great care and to observe the regulations of the relevant national Road Traffic Acts during the entire ride including but not limited to the obligation to wear seat belts.
The passengers are obligated to follow the instructions of the driver as the driver bears the responsibility for the safety and welfare of the passengers.
Smoking in the vehicle is prohibited. The consumption of beverages or food provided by the passengers in the vehicle is prohibited unless agreed by the driver.
The chauffeur service reserves the right to claim from the customer compensation for damages inflicted by the passenger or passengers (especially repair costs, impairment, revenue loss due to service failure).
In that regard, the customer shall be liable for compliance with the provisions of this contract and the behavior of the passengers as well as for his or her own behavior.
§ 8 Limitation of liability
The chauffeur service is not liable for abandoned items left behind on the passenger seat, after the end of the drive objects of the passenger. This does not apply in cases of intent or gross negligence of the chauffeur service, his delegates or his assistants.
The chauffeur service is liable in cases of intent or gross negligence by the statutory provisions. In addition, the chauffeur service is only liable for the culpable breach of essential contractual obligations. The claim for damages for a negligent violation of essential contractual obligations is limited to the contract-typical, foreseeable damage. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary. The liability for culpable injury to life, body or health remains unaffected.
§ 9 Confidentiality
The chauffeur service is all information obtained in connection with the provision of passenger transport services treat data and knowledge private and confidential.
§ 10 Copyright
All figures and data published on the website of the chauffeur service are protected by copyright and are subject to German copyright law.
Any use and evaluation of copyrighted material requires the prior written consent of the chauffeur service. This applies in particular to copying, editing, storage, processing and reproduction of contents in databases or other electronic media and systems. Copies and downloads may only be used for personal, private and non-commercial use.
As far as the content is not created on these pages by the operator, the copyrights of third parties are respected. In particular, such content will be identified as such.
If you still be aware of copyright infringement, we ask for information. Upon notification of violations, such content will be removed immediately.
§ 11 Applicable law, place of jurisdiction, severability clause
The law of the Federal Republic of Germany for all contractual relationships between the chauffeur service and its customers and / or passengers.
If the customer is a merchant, a legal entity under public law or a public law special fund, will have exclusive jurisdiction in the place of business of the chauffeur service for all claims arising out of or under this Contract result, agreed. The same applies to persons who have or those who transferred their residence or habitual residence outside of Germany after conclusion of the contract or whose domicile or habitual residence at the time of action is unknown no general jurisdiction in Germany.
Not or belatedly exercising any rights vested in the chauffeur service can not be construed as waiving of such rights. The partial exercise of a right does not exclude exercising the remainder of this right. Waiving any single right does not mean waiving any other rights vested in the chauffeur service.
If any provision of the Contract or these Conditions or any future provision be taken wholly or partially invalid or unenforceable or lose their legal validity or enforceability later on, the validity of the remaining provisions shall not be affected.
The same applies if it should turn out that there is a gap or omission. The parties agree that in place of the invalid or unenforceable provision or to fill the gap for appropriate regulation is to come, which, extent legally possible, comes closest to what they wanted or would have intended from the meaning and purpose of the contract, if the invalidity, unenforceability or gap would have been known. This also applies if the invalidity of a provision based (deadline or date) as prescribed in the contract on a measure of performance or time; it should then apply (deadline or date) agreed as a justice to the intentions coming as close as possible, legally permissible level of performance or time.
Issue: November 9, 2022
Website: March 5, 2021, Version 2.3
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