General terms and conditions of Carrosse DeLouis Deutschland GmbH for its German service unit.
For other countries, the general terms and conditions of the respective national companies shall apply.
All offers of Carrosse DeLouis Deutschland GmbH are subject to change.Customers may place their order verbally, by phone, electronically or in written form. The contract comes into effect after written confirmation of the order by Carrosse DeLouis Deutschland GmbH.The customer shall immediately check the confirmation of order for accuracy.If the customer does not object to the confirmation in a timely manner, the contract shall come into effect according to the written confirmation.
The scope of service is based on the information/data stipulated in the written confirmation. The services comprise the provision of a vehicle of the agreed upon type with driver and the transportation within the framework stipulated in the written confirmation. The agreed upon service does not comprise the supervision of the passengers, the supervision of things which the customer or one of his/her passengers leaves in the passenger compartment of the vehicle, the supervision of luggage, in particular within the scope of loading and unloading.
The fee agreed upon when concluding the contract as well as the payment conditions agreed upon on this basis shall apply.
Should the customer cancel the contract prior to the end of the ride or should he/she not use the service as agreed upon, he/she continues to be obliged to pay the fee agreed upon unless the cancellation is due to circumstances for which Carrosse DeLouis Deutschland is responsible.
Carrosse DeLouis Deutschland GmbH shall take account of any expenses saved and advantages accruing from another use of the vehicle.
In these cases the customer has to pay the following flat fees:
In case the customer decides not to use the service and informs Carrosse DeLouis Deutschland up to 30 days before the scheduled date: 10 %
In case the customer decides not to use the service and informs Carrosse DeLouis Deutschland up to 11 days before the scheduled date: 25 %
In case the customer decides not to use the service and informs Carrosse DeLouis Deutschland less than 11 days before the scheduled date: 50 %
In case the customer decides not to use the service and informs Carrosse DeLouis Deutschland less than 3 days before the scheduled date: 80 %
The amount of compensation is higher or lower respectively if Carrosse DeLouis Deutschland provides evidence of a higher damage or the customer provides evidence of a lower damage.
Carrosse DeLouis Deutschland and the customer shall be allowed to cancel the contract for important reasons for which they are not responsible and which would make it unacceptable to continue the carriage, in particular in cases of force majeure such as war, unrest, epidemics, severe adverse weather and road conditions, closing of borders and roadblocks.
In case of vehicle breakdowns beyond the control of the carrier, in particular due to accidents not caused by the carrier, technical defects at the vehicle despite proper maintenance, etc., Carrosse DeLouis Deutschland shall provide an equivalent vehicle. If such a vehicle is not available due to the same reasons as the ones mentioned above or due to a lack of availability, Carrosse DeLouis Deutschland and the customer shall be released from their obligations.
In both cases, Carrosse DeLouis Deutschland shall make the necessary organizational arrangements during the carriage period in agreement with the customer. Carrosse DeLouis Deutschland shall obtain remuneration according to its usual rates for the services rendered. Additional expenses that arise shall be borne by the customer.
Carrosse DeLouis Deutschland shall be liable for any damages to property in accordance with Article 23 of the German Law on the Carriage of Persons (Personenbeförderungsgesetz) (liability is excluded if the damage to property exceeds Euro 1,022.58 per person and is not based on intent or gross negligence on the part of Carrosse DeLouis Deutschland).
The Federal Ministry of Justice has published the text of the German Law on the Carriage of Persons on the following website (only available in German): www.gesetze-im-internet.de/pbefg/
Liability of Carrosse DeLouis Deutschland for any violations of obligations under the contract of carriage for whatever legal reason shall be limited to three times the carriage fee unless they are based on intent or gross negligence.
This shall be without prejudice to the liability of Carrosse DeLouis Deutschland due to negligent violation of major obligations under the contract.
Tort claims which are not based on the contractual relationship between Carrosse DeLouis Deutschland and the customer shall not be affected by the limitation of liability.
There shall be no further liability of Carrosse DeLouis Deutschland. Reference shall be made to Article 2(3) in this context.
The place of jurisdiction for Germany shall be the registered seat of the respective national company, particularly and provided that the customer is a merchant, a public law entity or a special fund under public law.
The law of the Federal Republic of Germany shall apply