§ 1 General
The below-mentioned General Terms apply to all business relations between Flughafentransfer & Taxi Acksteiner and all clients who make use of the offered passenger and goods transport services. The General Terms are subject to changes. The General Terms currently in force are published in the internet, and are available for reference in the vehicles of Flughafentransfer & Taxi Acksteiner. The General Terms which are effective at the time of contract conclusion are applicable, and in case of continuing obligations the currently effective version of the General Terms. For trips abroad the passenger/s are obliged to carry valid identification papers with them.
§ 2 Contract conclusion and cancellation of a contract
- Flughafentransfer & Taxi Acksteiner accepts driving and transport jobs by oral agreements, by phone, by fax, by written documents or online at the current conditions which are published at that time in printing or in the internet. Booking confirmations are executed in written forms by fax, by email or by mail.
The contract will only be concluded if Flughafentransfer & Taxi Acksteiner have confirmed the order in advance, either in writing or by phone or in the case the journey is actually started.
- For tours to an airport, station or port or collections from airports, ships or stations at fixed times a certain pick-up time can be agreed. In such cases, Flughafentransfer & Taxi Acksteiner have to be informed about changes in the timetable by the client in due time, so that the parties might agree on a change of the pick-up time. Otherwise the client is liable for any damage caused to Flughafentransfer & Taxi Acksteiner.
- The client can withdraw from the contract until 72 hours before the journey starts without giving reasons and without a cancellation fee. If a client withdraws from the journey that has been confirmed in writing later, we will charge the following cancellation fees:
- from 72 h before the journey starts = 25 % of the transfer price
- from 48 h before the journey starts = 50 % of the transfer price
- from 24 h before the journey starts = 100 % of the transfer price
§ 3 Prices
- Unless otherwise specified, all prices are to be understood in EUR, they are including VAT at statutory rate plus expenses and, if applicable, fees or charges for traffic infrastructure (such as ferries, tolls for tunnels, etc.). The current prices that are published in the internet and on the premises by Flughafentransfer & Taxi Acksteiner are binding.
- Changes in prices are legitimate, if there is a period of three months or more between contract conclusion and the agreed date of journey. If wages, costs for material or acquisition prices on the market increase before service delivery, Flughafentransfer & Taxi Acksteiner are entitled to increase their prices in accordance with the cost increase.
§ 4 Transport of passengers and goods
- At all times, the clients have to behave in a way that does not endanger the safety of the vehicle, the driver, other passengers and third parties. Clients bear responsibility for the compliance with regulations such as mandatory seat belt wearing and the supervision and compliance with their obligation to maintain safety for accompanied minors and pets they carry along. The clients have to take care of themselves and accompanied minors, and open vehicle doors only after being told so by the driver. Clients and passengers accompanying them are also obliged to check whether it is possible to open the doors safely. In case of damage or staining and dirtying caused by the client, the client and accompanying passengers are held responsible. Any cleaning costs that may arise will also be charged to the client. For all our vehicles there is a general non-smoking rule. The use of electronic media such as mobile phones, laptops, and MP3 players is allowed. But basically, the driver can veto the use of such equipment because of disturbances. In order to prevent noise nuisance to fellow passengers ear phones have to be worn. Instructions of the staff have to be followed at all times.
- Responsibility for the selection and features of vehicles lies upon Flughafentransfer & Taxi Acksteiner. Clients are asked to inform us about special arrival times and transport requests, especially due to health reasons, when booking transfer and when starting the journey.
- If the fare is charged on the basis of kilometres, the route is planned together with the clients upon their request before the journey starts. If the fare is not charged on the basis of the covered distance, especially for group transfers, Flughafentransfer & Taxi Acksteiner can choose the route.
- Any baggage taken along and accompanied pets are in charge of the client during the transport, although Flughafentransfer & Taxi Acksteiner would be pleased to assist with their proper loading and safeguarding. Objects can be excluded from transport if safeguarding is not possible or if transport might endanger the driver or the vehicle.
§ 5 Due date and payment, delay
- The fee for services is due when delivering the service, and is to be paid cash or by bank transfer in advance. This applies to all orders; exceptions can be agreed upon in writing in advance. Transfer not paid hitherto will not be affected. Exceptions require agreement with Flughafentransfer & Taxi Acksteiner directly. Credit cards cannot be accepted as means of payment.
- Clients who are invoiced have to execute payment within 7 days after receipt of invoice. Discounts and differing terms of payment require an explicit written agreement.
- Payment is only considered executed, when Flughafentransfer & Taxi Acksteiner have the amount at their unrestricted disposal. When payments are made by cheques and bills of exchange, the payment is only considered to have been settled after the cheque/bill has been cashed without reservation.
- If there is a delay in payment, Flughafentransfer & Taxi Acksteiner are entitled to charge default interest of 3% p.a. above the basic interest rate. If Flughafentransfer & Taxi Acksteiner can prove higher damage caused by the delay, Flughafentransfer & Taxi Acksteiner are entitled to claim these too (§ 288 par. 3 German Civil Code).
§ 6 Warranty, liability and limitation of liability
- One suitcase and one piece of hand luggage per person are included in the price, for any further not registered piece of baggage we charge a supplement of 8.00 EUR. Excess baggage, bulky baggage as well as wheel chairs, bicycles, etc. require an extra agreement. Such baggage may be subject to extra charges.
Natural wearout of transport goods, baggage, etc. is excluded from warranty. Suitcases, bags and other transport repositories are subject to natural wearout during appropriate use and transport by Flughafentransfer & Taxi Acksteiner. Also damage to the paintwork of bicycles, wheel chairs, prams, etc. transported by Flughafentransfer & Taxi Acksteiner cannot be prevented by proper loading and cannot be avoided and have to be considered as natural wearout.
- Courier goods, which are not accompanied by the client, are excluded from warranty, unless an appropriate confirmation of handover has been signed by Flughafentransfer & Taxi Acksteiner before the journey starts (cf. § 4 No. 6).
- Flughafentransfer & Taxi Acksteiner have to be made aware of possible warranty claims due to damage to the transport goods immediately after finishing the journey.
- Flughafentransfer & Taxi Acksteiner are only liable for damage caused to clients by late departure or arrival at the destination, if (1) the observance of a certain departure or arrival time has been agreed between Flughafentransfer & Taxi Acksteiner and the client in due time and (2) the impairment of performance has not been caused by natural catastrophes, unforeseen technical defects, traffic jams and accidents or by reasons that are in the client’s sphere of responsibility. This applies especially to airport transfer. Furthermore, Flughafentransfer & Taxi Acksteiner cannot be held liable if the client has determined the departure or arrival time himself without taking usual delays caused by traffic jams, etc. into account. Especially short-notice changes of flight schedules or an earlier or later arrival time than expected do not absolve the client from the obligation to perform.
- Warranty claims which result from scheduling deficiencies are finally excluded if not claimed within 14 days after performance of service in written form.
- The client is held liable for all damage to property or persons caused by him within the scope of the legal regulations. This also applies to damage caused by accompanied minors, pets or transport goods through negligence or health reasons, and which result in damage to property belonging to Flughafentransfer & Taxi Acksteiner or to third parties. This goes for particularly for damage caused by vomiting, incontinence, food carried along or tobacco products. When claiming compensation, besides cleaning costs Flughafentransfer & Taxi Acksteiner will claim loss of profit due to downtime for airing and drying.
- We cannot be held liable if clients do not show up at the meeting point at least 30 minutes after the agreed time on the departure day. This is considered a withdrawal from the contract on the client’s part, and 100% of the agreed fare will be invoiced.
If the client gives wrong information about departure or arrival times, or mixes them up, we are entitled to claim additional expenditures that result from wrong specifications regarding time or place. The passenger is obliged to inform us immediately about delays in arrival time by phone.
Also in case of a delay in arrival of the flight of more than 90 minutes we cannot take responsibility and we are no longer obliged to execute the transfer. If the car is not in the agreed meeting place at least 15 minutes after the agreed time, the client is obliged to call at +49 (0)152/24246214 before using other means of transport, and to explain the situation. This also applies to individual transfers when arriving at the meeting point, and for group transfers after a maximum of 90 minutes after the agreed pick-up time.
The client is obliged to inform us about delays in arrival time immediately. Pick-up time at the airport solely depends on the arrival time given when booking the vehicle.
§ 7 Data protection
Flughafentransfer & Taxi Acksteiner ascertain process and use company-related or personal data within the scope of legal regulations. The client agrees with the elicitation, processing and use of company-related and personal data explicitly (§ 4 par. 1 Federal Data Protection Act).
§ 8 applicable law, place of performance and court of jurisdiction
German law is applicable. Court of jurisdiction for all disputes is the company’s domicile.
§ 9 Cancellation
If a transfer cannot be executed due to reasons beyond our scope of influence, such as acts of God, extreme weather conditions, strikes, etc, you will be informed as soon as possible. In such cases, your payment will be refunded without any deductions. In addition to that, any mutual obligations will terminate.
§ 10 Salvatory clause
Should one of the provisions of this contract be invalid, the remaining provision will be unaffected.
Should there be an omission in this contract, a provision will be understood which is nearest in meaning to the one intended by the parties.