General Terms and Conditions
§ 1 Scope of application
The following terms and conditions apply to all contracts regarding the hire of limousines, buses and vintage cars.
Customers (hereinafter referred to as the "Client") within the meaning of these General Terms and Conditions may be both consumers and entrepreneurs.
Entrepreneurs within the meaning of these General Terms and Conditions are natural or legal persons or legal partnerships which exercise their commercial or independent professional activities. "Consumers" within the meaning of these General Terms and Conditions are natural persons in whom the purpose of their order can not be attributed to their commercial or independent professional activity.
In the event that the client uses our own general terms and conditions deviating from the content, our general terms and conditions shall apply exclusively. We are not responsible for any application or inclusion of the General Terms and Conditions of the Client.
§ 2 Conclusion of contract
1. General order process
A contract for the provision of services in the field of transport comes into effect only if the date and the contract content of XXL limousines has been confirmed in writing by means of booking confirmation.
2. Booking confirmation
If the automatic confirmation of booking is not made by e-mail within 24 hours of receipt of the order (eg due to technical problems with the sending / receiving e-mail server or settings of the spam filter), the customer has himself according to the current status of his order And, if necessary, to request a confirmation of booking in the form of customer support in writing or by telephone. In this case the customer is responsible for proof of his participation in the transaction.
In the case of email shipping problems, the telephone booking confirmation of XXL-Limousinen.com is legally binding.
§ 3 Cancellation of contract
1. Cancellation possibility
The client can at any time withdraw from the booked voyage before the beginning of the journey. To avoid misunderstandings, the rescission should be declared in writing. Decisive for the date of withdrawal is the receipt of the withdrawal declaration for XXL sedans.
If the customer withdraws from the contract or does not accept the journey, the agreed price is not applicable. Instead, XXL limousines may require the Client to make reasonable compensation for the expenses of XXL limousines, provided that the cancellation or non-arrival of the journey is not represented by XXL limousines and is not a case of force majeure.
3. Non-entry of the trip
The cancellation fees are also payable if the voyage is not accepted at all. If the customer does not appear at the agreed agreed-upon pick-up point at the agreed agreed-upon times, the journey will not take place.
4. Cancellation fees
Unless expressly agreed otherwise, the following cancellation rates apply:
0% of the agreed total amount: up to 8 weeks before the start of the trip
50% of the agreed total amount: under 8 to 4 weeks before the start of the trip
100% of the agreed total amount: less than 4 weeks until the day of the trip
100% of the agreed total amount: in case of non-arrival of the trip
It is expressly reserved for the customer to prove XXl-limousines against the fact that XXL-limousines have not suffered damage or only a significantly lower damage.
§ 4 Mediation to third parties / cooperation partners in the category "savings prices"
When arranging orders / partial orders, which are offered by third parties / cooperation partners, a contract is concluded exclusively between you and the third parties / cooperation partners. XXL Limousines are only active as contact mediators in these cases and are in no way involved in the contractual relationship between you and the third parties / co-operation partners.
The terms and conditions of the third parties / co-operation partners, who are also exclusive contact persons for all matters related to these contracts / partial contracts, apply exclusively to the individual offers of the third-party companies / cooperation partners, as well as partial offers within the framework of a so-called "combination package" of the third-party companies / co-operation partners.
§ 5 Inability to drive
1. Force majeure in general
If it is impossible to carry out the journey (for example, the road is impassable due to snow, ice or flooding), the obligation to carry out the journey is void. The fare will not be charged or partially calculated according to the exported part of the contract. If, however, the customer is solely or largely responsible for the circumstances in which the journey becomes impossible, XXL limousines retain the right to payment of the fare.
2. Force majeure at XXL-Limousinen.com
In the event of force majeure on the part of XXL-Limousinen.com (eg unanticipated defect of the ordered vehicle), XXL-Limousinen.com reserves the right, in the event of foreseeable failures, in time or in the case of unforeseeable breakdowns as soon as possible and in any event free of charge for the customer (Eg another model of the same vehicle class, or two models of a smaller vehicle class).
3. Price reductions in case of force majeure
Price reductions for special price offers are also not possible in the case of force majeure since the "full service including the perks" is booked at an already discounted price.
In the case of normal price offers, XXL-Limousinen.com can offer the customer, at his own discretion, a discount of the total price, provided a replacement service as described under point 2 is reached.
If a replacement service is not possible for XXL-Limousinen.com as described under point 2, there is the possibility of a free cancellation of the entire order.
§ 6 Terms of payment
1. Method of payment and order execution
The agreed total price has to be paid in cash on the day of the journey before the start of the trip (minus a previously paid down payment). In the case of non-payment or non-payment, the driver is entitled to refuse the execution of the further order as soon as it becomes known. The customer nevertheless remains liable for the open total amount of the agreed order.
2. Additional costs
Additional costs (such as short-term travel extensions or drinks purchased in the limousine) must be paid in cash at the end of the trip with the driver. If the client is no longer to be found at the place of arrival, these additional costs will be invoiced subsequently.
3. Advance payment and order execution
Deposits which have not been entered into the account by XXL-Limousinen.com up to the day of the journey are considered "not paid" and are payable immediately in cash on the day of the journey when the limousine arrives (eg as a consequence of later transfer or Longer bank transactions). On the actual arrival of the deposit amount on the account of XXL-Limousinen.com, too much paid amounts will be returned to the customer immediately.
In the event of a delay in payment, Creditreform will be charged directly after expiration. Any further costs and disadvantages resulting therefrom (for example, entries in debtor directories) shall be borne by the customer.
If the customer is a consumer, the supplier is entitled to demand interest on arrears in the amount of 5 percentage points above the base interest rate in the event of a default of payment.
If the customer is a company like this, the supplier is entitled to demand default interest of 8 percentage points above the base interest rate from the day of the due date of the receivable
In the event of the delay in payment, XXL limousine is entitled to charge reminder fees in the amount of a flat rate of 1.50 € per reminder. It is expressly reserved for the client to prove to XXL-limousines that XXL-limousines have suffered damage or only a significantly lower damage.
In addition, XXL limousines reserves the right to demonstrate that a higher damage has occurred.
§ 7 Delays / extensions of the rental period
If delays exceed the booked rental period, the additional costs will be charged to the client by delays (eg due to waiting time for missing passengers), unless the delays are due to the fault of XXL-Limousinen.com (eg later arrival due to the current traffic situation ). Extensions of the agreed rental period are possible, if XXL-Limousinen.com agrees to the extension after prior agreement with the client.
§ 8 Promotion
1. Transport obligation
There is no obligation to transport in the occasional traffic. In particular, XXL limousines may refuse carriage if there are facts which justify the assumption that one or more persons to be carried is a risk to the safety and organization of the holding or to the passengers.
2. Obligations of the sponsor and passengers during transport
Passengers must behave in the same way as the safety and order of the holding and the respect for other persons. Passengers must comply with the instructions of the chauffeur.
Passengers are, in particular,
To open the doors independently during the journey,
Safety devices are misused,
To throw objects out of the vehicle or to have them removed,
To jump up or down during the ride,
If a passenger violates the duties which he has to perform, he may be excluded from transport. In this case, the group shall designate a person responsible for the safety of the excluded passengers who remain with them at the exit point. In the case of exclusion, the full fare including the kilometer price and all additional and special services will be charged.
3. Transportation of goods
In accordance with § 15 BOKraft, the following applies: Passengers are required to keep things (hand luggage, travel luggage) so that the safety and organization of the operation is not jeopardized. There is no transport of animals or baby carriages in our stretch limousines.
Passages and exits and exits are to be kept free. Dangerous substances and dangerous goods are excluded from the transport, in particular explosive, highly inflammable, radioactive, malignant or corrosive substances - unpacked or unprotected items which can be injured by passengers - objects which extend beyond the boundaries of the car.
4. Ticket price indicator
Our Stretchlimousines are exempt from the installation of ticket markers, contrary to § 37 BOKraft. It is not usual to choose the shortest route in the industry, but we try to choose the route that is most suitable for the construction. If the previously agreed cost frame is exhausted, the driver will point out the additional costs incurred (new hourly rates or possibly future multi-kilometers) in good time. In the case of multi-kilometers, the shortest route calculated by a navigation device is decisive - not the actual distance traveled. We also round off in your favor.
In general, kilometers are counted starting from the location Saarbrücken. Exception: For special packages with discos and restaurants the radius around the business address of our partner is decisive. The rental period starts from the arrival of the booked vehicle at the order site.
5. Belt duty
As in taxis and travel coaches, there is also a belt requirement in stretch limousines, which is pointed out at this point.
6. Fines and administrative offenses
Each passenger is personally responsible for fines, administrative offenses or claims for damages caused by his conduct (such as non-compliance with the applicable laws or damage caused by his conduct).
7. Seating for disabled persons
The design-oriented design of stretch limousines does not provide any special access or seating for people with severe walking impairments.
8. Safety equipment
Our stretch limousines are equipped with fire extinguishers of the fire class A / B / C in the immediate vicinity of the driver's seat. For each passenger, reflective warning vests are held by the driver.
9. Breaks / Breaks
Breaks, such as for visiting toilets, for smoking or for the independent making of reminder photos, are part of the current running time.
If photos are made by XXL-Limousinen.com at the end of the journey or its cooperation partners, the time and effort required for the photographers' performance will not be invoiced separately.
In your own interest, we recommend that all passengers arrive in advance to arrive in advance. Try to enjoy the tour without interruptions.
§ 9 Liability of the Customer
The customer is liable for all damages caused by him or the other passengers or excessive pollution.
Depending on the cost, the client will be charged for damage or pollution:
Gross contamination (eg vomit, excessive pollution of the limousine, ice cube battles, sparkling showers) = 250 EUR damage compensation
Special cleaning after smoking in the limousine (despite smoking ban) = 250 EUR damage compensation
Damage = 250 EUR damage compensation plus costs for repair of the damage incurred
Broken or lost glass = 10 EUR damages compensation per piece
The compensation shall be based on the number of personnel and time and the possible cancellation / deferral of a subsequently ordered journey.
The inscriptions, attachments and decorations (for example, wedding flower jewelery or signboards) applied by the client (or by third parties commissioned by him) must be removed by the customer at the end of the journey. The customer is liable for all consequential damages.
Risks during film / photo orders or similar actions outside the pure transport of persons must be insured by means of supplementary insurance (for example property insurance) to be concluded by the client.
It is expressly reserved for the client to prove to XXL-limousines that XXL-limousines have suffered damage or only a significantly lower damage.
§ 10 beverages
In general, there are no free drinks in the usual hourly or daily rents. There is a compulsory choice between minimum order value or the choice of the so-called cleaning fee. The minimum order value from the drinks offer according to the price list of XXL-Limousinen.com is 15 EUR (Lincoln Stretchlimousine) or 30 EUR (Hummer-Stretchlimousine). Alternatively, own beverages can be brought along. A one-time cleaning fee of 15 EUR (Lincoln Stretchlimousine) or 30 EUR (Hummer-Stretchlimousine) is charged for taking your own drinks.
For package offers (combi packages in the category "savings prices") drinks are available according to the current article description during the journey. If this is not enough, drinks can be purchased directly from the driver. If the beverage text is not already provided with your own beverages, this can be booked on request. A one-time cleaning fee of 15 EUR (Lincoln Stretchlimousine) or 30 EUR (Hummer-Stretchlimousine) will be charged for taking your own drinks.
When opening sparkling wine bottles, so-called "champagne showers" are forbidden.
Passengers must ensure that the drinks are not excessively filled during the journey. In general, we are looking for a "gentle driving", but unforeseen situations can lead to emergency braking.
§ 11 Protection of minors
1. General provision
The client is responsible for compliance with all provisions for the protection of minors in the passengers who are brought by him.
2. Drinks and drinks
All pre-ordered beverages are transferred directly to the customer's order at the start of the order. The customer must also pay attention to the consumption of the respective group of persons when the drinks are bought or brought in by way of intermediate stops.
Extract from the Jugendschutzgesetz: The distribution of spirits (including spirits, including mixed spirits) to children and young people under the age of 18 is prohibited. Consumers must not be allowed to eat under 18-year-olds. Other alcoholic products (beer, wine, sparkling wine, also: mixed drinks) may not be given to children and adolescents under 16 years of age or their consumption by under 16 year olds is not permitted.
3. Access restrictions
If there are age restrictions for a co-operation partner on the day of the journey, passengers can not circumvent this by simply taking part in a limousine trip. It is the customer's responsibility to know the limitations of the co-operation partner in good time and, if necessary, to bring along so-called "under 18" forms and corresponding identification documents.
4. Board videos
The films in the limousine equipment contain no age restriction.
§ 12 photos
1. Use of photos
The team of XXL-Limousinen.com produces group and portrait photos of the ride as a reminder, which are also used by us on the Internet or in brochures (usually on the Facebook page of XXL-Limousinen.com) , On the homepage of XXL-Limousinen.com as well as in advertising brochures of XXL-Limousinen.com).
The professionally prepared photos are available free of charge to each passenger free of charge on our Facebook page www.facebook.com/XXLLimousinencom.
2. Photographing permission
The client has to inform his guests in advance of this, as well as photograph authorizations from all persons as well as from persons entitled to education of minors, if possible in writing.
On site, our employee will also ask the client of the trip whether photos are desired and meet the general requirements.
In the case of legal claims of the photographed persons against XXL-Limousinen.com please refer to the information given by the client. The client is responsible, if necessary, for proof of the correctness of his or her photographically permitted passively or passively, and is liable in the case of legal claims.
3. Deletion of individual images
If desired by individual passengers, we remove individual photos from our online offer, specifying the respective source of the photos.
§ 13 Advertising
There are separate terms and conditions for the rental of advertising spaces on the limousines.
§ 14 Liability of XXL-Limousinen.com
XXL limousine is liable for damages, irrespective of the legal grounds, only if XXL limousines, the legal representative or a fulfillment aid caused these damages intentionally or grossly negligently.
This limitation does not apply
For damage to life, body or health.
In the event of a breach of obligations, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely and rely (essential contractual obligations).
§ 15 Video monitoring
For your safety, our limousines are video surveillance. The recordings serve to document disturbances of the service company, to protect property and physical integrity, and are made available to investigating authorities as necessary. The video erasure is carried out according to § 6b paragraph 5 of the Federal Data Protection Act promptly by automatic overwriting. A recording of the spoken word does not take place according to § 201 of the Criminal Code. The monitored limousines are properly marked.
§ 17 Commercial jurisdiction
Jurisdiction for all disputes arising from the contractual relationship between the XXL limousine and the customer is the place of business of XXL limousines, provided that the customer is a merchant, a legal person of public law or a public-law special fund.
Reproduction, imitation and duplication are also permitted.
Copyright: XXL-Limousinen.com / RA Tobias Beltle, Saarbrücken
Status: May 13, 2015