TERMS AND CONDITIONS
stand: September 2023
Table of Content
§ 1 Prices and Payments
Our prices are listed in our current price list and will be provided after the booking request. We reserve the right to correct calculation offers, price changes, or errors. If an order exceeds a value of 7,000.00 Euros in the price calculation, a prepayment of 100% of the total price is required. Payment can be made by credit card, cash, or bank transfer.
§ 2 Language
The accepted languages for communication and contracts via phone, written correspondence, fax, and email with Choose Your Chauffeur are English and German.
§ 3 Booking
Bookings are only accepted in the general manner of phone calls, in writing, by fax, email, or through our contact form on our website and only take place when we confirm them in writing. All bookings must explicitly define the subject matter with all necessary details. Changes, repetitions, or confirmations must be marked as such. For bookings made through a third party, the fee will be borne by the customer in case of doubt.
Oral agreements must always be confirmed in writing. Terms and conditions from orderers or third parties are not accepted and are contradicted. Any booking is carried out under Choose Your Chauffeur’s terms and conditions without exception.
§ 4 Compensation
Upon completion of bookings, the fee becomes due. When invoiced, the invoice is due upon receipt. The amount is to be paid within 14 days after receiving the invoice (§ 288 BGB). After this period, enforcement proceedings will be initiated. When commissioning a commercial debt collection agency, the customer bears the resulting costs. A fee of 5.00 Euros is charged for each reminder.
§ 5 Cancellation/Withdrawal Fees
If a customer withdraws from a contractual booking, the resulting costs can be charged to the customer. The client has the right to provide written evidence that the costs were lower than stated or did not occur at all. For cancellations 24 hours before the booked execution day, additional costs amounting to 100% of the amount will be invoiced. If the chauffeur is already en route to the customer or at the agreed location, and the customer does not undertake the journey or cancels the service on the same day, the full booking value will be invoiced. A cancellation 48 hours before execution will be charged at 50% of the total amount. In this case, the customer is free to prove the loss of Choose Your Chauffeur. For larger events, there may be a temporary adjustment to our cancellation fees based on requirements.
§ 6 Prohibition of Use
Vehicles and staff from Choose Your Chauffeur must not be used for: 1. Transport of hazardous, explosive, health-endangering materials. 2. Committing criminal offenses under German law (StGB with all its sections). 3. For trips outside of the contractually agreed journeys, it is expressly forbidden to explicitly request the chauffeur to commit crimes with or without a vehicle according to numbers 1-3.
§ 7 Client Liability
The customer is personally and unlimitedly liable for all culpable, intentional, and negligent damages caused to the chauffeur and the vehicle. The customer is personally and unlimitedly liable for damages resulting from the use of prohibited purposes and materials. Legal liability regulations remain unaffected. The customer is liable for damages resulting from communication errors, mistakes, and misunderstandings during calls, written correspondence, fax, or email communication with the customer or even third parties, as long as the damage is not caused by Choose Your Chauffeur. For specific reasons, Choose Your Chauffeur reserves the right to obtain confirmation for bookings made by phone, email, fax, or in writing. The customer promptly checks all discrepancies between this message and the written confirmation.
§ 8 Liability
Choose Your Chauffeur is liable to the customer for all culpable, intentional, and negligent damages, as long as damage coverage exists within a car liability insurance for the respective vehicle. In the event of delay, liability is only assumed in cases of gross negligence or intent. Choose Your Chauffeur can commission third parties to carry out all or part of the assigned provisions if he considers this justified considering the interests of the customer. If Choose Your Chauffeur makes use of this option, it is limited to the careful selection and instruction of the chosen third party.
§ 9 Confidentiality Clause
The chauffeur our customer uses for their journey is bound to confidentiality at all times. What is spoken or discussed in our vehicles or with our chauffeurs will not be passed on to third parties.
§ 10 Claims for Damages
Claims for damages against Choose Your Chauffeur are only due if they are free from all reasons for complaint and objections, depending on the reason and amount of the claimed amount. If claims for damages result from traffic accidents, a claim can only be lawful if the investigation file was checked in advance. For all other claims against Choose Your Chauffeur, Choose Your Chauffeur only compensates based on invoices that meet general legal requirements.
§ 11 Reservation of Rights
As a rule, the ordered chauffeur and the contractually agreed vehicle are provided. If the chauffeur or the vehicle cannot be provided as specified in the booking, Choose Your Chauffeur reserves the right to provide the customer with another chauffeur than the one they chose and/or the vehicle they selected. Choose “Your Chauffeur” does its best to minimize the deviation from the booking in terms of regular use and application.
§ 12 Cancellation Policy
In the event of a cancellation of the contract with Choose Your Chauffeur, the cancellation must be sent in writing, by fax, or by email to the headquarters of Choose Your Chauffeur (address as stated in the imprint). The schedule is set at 14 days after the conclusion of the contract. The cancellation form is at the end of this page in the form of a PDF document. For prepayments, this will then be repaid to the customer within 14 days after receipt of the properly completed and fully filled out PDF form at the end of this page.
§ 13 Data Protection
§ 14 Jurisdiction
Choose Your Chauffeur’s headquarters are the jurisdiction for all disputes arising from or in connection with the contract or contractual relationship, provided:
- The customer’s residence or habitual abode is unknown at the time of initiating legal proceedings.
- The customer does not have a domestic general place of jurisdiction.
- The customer relocates their residence or usual place of residence abroad after the conclusion of the contract.
- The customer is a person equivalent to a registered merchant under § 38 para. 1 of the German Code of Civil Procedure (ZPO).
- The customer is a merchant within the meaning of § 1 HGB.