Terms and conditions of
FISCHER-EXECUTIVE-SERVICES & FISCHER-LIMOUSINES e.K.
Executive Chauffeur & Limousinen Service
§ 1 Applicability
The following terms and conditions apply to Fischer-Limousines e.K. especially on transport of passengers on scheduled services, rented bus service, rented vehicles and trips with private automobiles as well as services from the event management field. They also apply to all prospective trademarks with a secondary meaning, even if they are not expressly agreed. As long as usage of our services lasts, our conditions are binding and assumed. Deviations from our terms and conditions are only taken by a written confirmation on our part effectively.
§ 2 Contract issue and contract conclusion
The offers of Fischer-Limousines are non-binding. Orders and declarations of acceptance confirmed in written forms can be legally binding. Furthermore, the client agrees to all of order-related factors, such as order location, date, number of persons, desired vehicle, number of pieces of baggage, delay. Information and data must be available to the company Fischer-Limousines within a reasonable time and in a final, binding version. Fischer-Limousines has no obligation to verify the traditional data or documentation and their correctness. Amendments, modifications or subsidiary agreements must be in written form. Fischer-Limousines confirms the order, as a rule immediately, latest within 3 working days. A contract is also concluded that Fischer-Limousines actually renders the services ordered. A booking via the online booking form is legally binding, but it is also always confirmed in written form by Fischer-Limousines.
§ 3 Prices
Unless otherwise agreed, in general the current offered price by Fischer-Limousines is valid within the specified period. Unless otherwise agreed, incidental costs for extra service and special expenses which may arise during the service execution, are not included and will be charged separately. We reserve the right to keep the submitted quotations 7 (seven) days valid, unless otherwise agreed.
§ 4 Terms of Payment
Payments are due to pay two (2) weeks after receipt of invoice, unless otherwise agreed. The full amount due shall be paid by bank transfer to our bank account specified in our invoice. We also accept payment in cash at delivery. Contracts with clients resident outside of Germany is possible only with prepayment. We accept credit cards like Master Card, Visa and American Express. When paying with the credit card we may find it necessary to have a credit card authorization form completed and signed by the credit card holder and sent to us via scanned e-mail, depending on security criteria, together with a colour copy of the credit card.
The payment shall be deemed effected once the invoiced amount has been credited to our bank account. In case of default, after expired 14-day payment period, Fischer-Limousines shall be entitled, to charge interest on the outstanding amount at the current interest rates for bank overdrafts.
In the event that the contractor has not completed or if circumstances become known that the credit is to call into question the company Fischer-Limousines reserves the right to provide the overall legal debt due and to demand advance payments or security deposits. Furthermore, the company Fischer-Limousines is entitled, in the event of default by the Customer, to withdraw from all contracts. Contracts over 5000,- Euro will be charged with 50% prepayment and is due to pay right after billing.
§ 5 Fees for cancellation and / or cancellation (termination)
Should the customer cancel the contract or should he not resign without using our service, Fischer-Limousines shall be entitled to demand a reasonable compensation for arrangements and planning. This is true even if the client is not at fault. Fischer-Limousines is entitled to estimate sum compensation. Decisive for the cancellation is a cancellation receipt. Cancellations are accepted only on weekdays between 09:00 - 20:00 (UTC+1). If case the ordered service hasn’t been used without a written cancellation in advance, the client has to pay the contractual price without any deductions. The cancellation procedure shall be applied as follows:
In case the order is cancelled wholly or partly 24 hours or immediately before the ride, the agreed cancellation policy become effective so that all costs already incurred as weIl as the order value is due to pay. The client remains free to prove that no damage, or much less than the amount demanded, was incurred.
For all major events like a congress, summit, gala- and benefit-event or festival, Fischer-Limousines reserves the right to adapt the prices and the cancellation conditions accordingly. A major event is defined as a time-limited, planned and organized project, which takes place in one or several locations involving a large group of people. Such events have a defined objective and a special program sequence (agenda) aimed to match thematically an objective purpose.
§ 6 Transport exclusion
In general, all chauffeurs employed or hired by Fischer-Limousines have a valid licence for passenger transport. In contrast to taxi business, our service sector is not subject to the obligation to carry. Our passengers and chauffeurs are prohibited from taking food into vehicle. Also not allowed is to carry along any pets, unless otherwise agreed in advance. Categorically prohibited is to smoke in our vehicles. All passenger must fasten their seatbelts, in the event of non-compliance Compensation claims cannot be made.
Contract is a subject of approval of the transportation of passengers and other services. Fischer-Limousines reserves the right to exclude from the transport people who pose a threat to security and order, or who do not follow the instructions of the chauffeur or damage the vehicle intentionally or by gross negligence.
In such case Fischer-Limousines shall be entitled to charge the full contractual amount, plus all costs for caused damage.
Furthermore, in cases due to force majeure like political unrest, natural disaster or total traffic ban due to a smog alert, that are beyond our control or influence, Fischer-Limousines shall be exempted from his contractual obligations for as long as these disturbances persist.
§ 7 Prohibited uses
We reserve the right to terminate the contract fully, as soon we gain knowledge that our client or chauffeur intends to carry prohibited items and dangerous substances of any kind or misuse our vehicle for illegal purposes, which constitutes a criminal offence, according to German Criminal Code (StGB). The client is furthermore prohibited to oblige our chauffeur for purposes listed above.
§ 8 Duties and liabilities of our client
Duty of our customers is to behave when using our cars as the security and order of operation requires, their own safety, the safety of our chauffeur and consideration for other people. For safety reasons, the instructions of the chauffeur must always be followed. For non-contractual use of the vehicle, the contract may be terminated with immediate effect, if the guest does not react to a warning. In this case when the completion of the transportation requires no separate notice the Fischer-Limousines reserves the full right to compensation for the entire agreed term of the contract. This shall not affect a claim for damages by the non-conformity with the handling and disposal, a claim for compensation of damage caused by the non-conforming use of the vehicle are provided. Damage to the vehicle or other damage should be replaced by the polluter or our contract partners. If cause and our party are not identical, both jointly and severally are liable. The liability exists even if the client is not at fault. By wanton denials cleaning fees will be charged separately.
§ 9 Limitation of Liability
Compensation claims from impossibility of performance, sound, and breach of duty in tort are excluded both against the company Fischer-Limousines as well as against its vicarious aids, unless intentional or grossly negligent. The liability of Fischer-Limousines is limited to a maximum of 3 times the price agreed upon performance. Personal injuries are by the car insurance limited to a maximum of 2500,- Euro per injured person. Any claims based on work performance by Fischer-Limousines that come into consideration must be presented in written form, within tree (3) working days after termination of the contract with Fischer-Limousines.
Delays or performance failures due to certain force events or the events which the Fischer-Limousines considers more difficult or impossible to complete (this includes in particular technical failures, weather-related emergency, government regulations, strikes, lockouts, demonstrations, etc.), even if they occur with subcontractors, suppliers or subcontractors, Fischer-Limousines even with binding dates and deadlines is not responsible. Entitle them to delay start-up time, or withdraw from the unfulfilled portion of the contract in whole or in part. Fischer-Limousines is also exempted from liability, unless the journey time is exceeded due to circumstances which, despite the utmost care could not be avoided and whose consequences could not have averted.
§ 10 Right of Modification
In general Fischer-Limousines will provide a vehicle as ordered. In case not only because of technical reasons and company internal reasons, but also due to other reasons of objective impossibility, for which Fischer-Limousines does not bear responsibility, we reserve the right to provide our client an adequate vehicle of same price category and comparable specifications. Thereby Fischer-Limousines is eager to keep the deviations from ordered vehicle at their minimum. In such case the customer shall have no claim to a specific vehicle model or a particular chauffeur.
Fischer-Limousines takes the protection of your personal data and its confidentiality very serious and complies strictly with the principles of the applicable Data Protection Act. All your personal data provided via our contact form will be used only for purposes of quotation and order processing. Without your prior explicit consent none of these data be forwarded to a third party.
§ 12 Jurisdiction & Applicable Law
Responsible for this relationship and the legal relationship between the Fischer-Limousines and the contractor is the German law. The exclusive jurisdiction for all, has the contractual relationship directly in another EU Member state. If the customer is a businessman, a legal person of Fischer-Limousines court, it is entitled to inform the client of the competent court of law. The terms and conditions of service are translated for international business terms to the English home page of Fischer-Limousines In case of deviations between the contents of the English translation from the German original text only German version of the original text is valid.
§ 13 Severability clause
If any one or more terms of this Agreement shall be for any reason whatsoever held invalid, then such terms shall be deemed severable from the remaining terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.