General terms and conditions of Vera Cornelius VIPTOURS
The following terms and conditions apply exclusively to the provision of transport services between the excursion company Vera Cornelius VIPTOURS, hereinafter referred to as VT, and the customer booking excursions with the company VT.
2.1. Services that are included are the provision of the vehicle, drivers and travel to the requested tourist destination. VT agrees to provide Customer with a safe vehicle complying with the regulations of the Straßenverkehrsgesetz (StVG) [Road Transport Law] and the Straßenverkehrszulassungsordnung (StVZO) [Road Traffic Licensing Regulations]. The vehicles are insured in accordance with the respective applicable Allgemeine Bedingungen für die Kraftfahrtversicherung (AKB) [general terms and conditions for the insurance of motorised vehicles]. The vehicle shall be clean at the beginning of the trip.
2.2. The drivers used by VT hold the required official licences pursuant to the Personenbeförderungsgesetz (PBefG) [Passenger Transportation Act] in conjunction with the implementation regulation regarding the PBefG.
2.3. The scope of contractual services shall be solely based on the confirmation/contract by VT. As regards services provided by other service providers, VT only acts as broker if the services are brokered by VT.
3. Booking and reservation, conclusion of contract
3.1. Customer can make an enquiry either online or by phone. VT will then send Customer an individual offer. Any and all offers of VT shall initially be non-binding and noncommittal. Package deals only apply to the order specified in the enquiry. Afterwards, Customer can, at his choice, place the order in writing, verbally or by e-mail. After acceptance of the order, VT shall send a binding written order confirmation. A contractual commitment is only created by sending the booking confirmation.
3.2. Binding acceptance of an order by VT requires Customer to provide the correct and complete information regarding address and time. Customer agrees to provide the following truthful information as basis for provision of the service: name, postcode, place, house number, street (place of pick-up) as well as pick-up time in Heidelberg.
4. Payment / payment transactions, due date of the fare
4.1. The fare must always be paid by no later than 24 h (receipt of payment on the account of VT) before the start of the trip. In exceptional cases, VT reserves the right to only charge an advance payment amounting to a partial amount of the fare before start of the trip or to only demand payment of the fare after the contract was fulfilled by way of invoicing or cash payment.
4.2. The fares are given including any charges and including statutory value-added tax. Cash prices are payable immediately after provision of the service and must be paid either in cash or using a cash-free method such as Maestro/credit card (Visa-/MasterCard). If amounts are being invoiced, these shall be payable immediately after invoicing.
Individual rights and obligations of the parties, liability
5. Delay and non-attendance of Customer
5.1. In case of non-attendance of Customer at the agreed time, VT agrees to wait at least half an hour at the agreed pick-up location.
5.2. If Customer is delayed, VT shall have the right to provide Customer with a vehicle different from the one agreed. However, the vehicle must be of the same size or bigger than the originally agreed type of vehicle.
5.3. Im Fall der Verspätung des Kunden ist VT berechtigt, dem Kunden einen anderen als den vereinbarten Fahrzeugtyp zur Verfügung zu stellen. Es muss sich jedoch um einen Fahrzeugtyp der gleichen oder einer höheren Kategorie handeln.
6. Behaviour in the vehicle, transport of luggage
6.1. When using the vehicle, the behaviour of passengers must ensure safe and orderly operation, their own safety and consideration towards other persons. Instructions of drivers must be followed. All of the vehicles are strictly non-smoking and seatbelts must be worn. Eating any food the passengers bring with them is not permitted. The passengers must treat the vehicle with care.
6.2. If passengers fail to comply with these provisions despite instruction by the driver, the driver shall have the right to terminate the trip immediately. In this case, VT shall maintain its demand for the agreed fare to be paid in full. Furthermore, VT shall be entitled to demand from Customer reimbursement for any and all costs and expenses for removal of any damage and soiling of the vehicle the passengers are responsible for.
7. Retaining fare in case of cancellation
Unless agreed otherwise, the following charges are payable for cancellations: Up to 6 hours before the booked pick-up time, cancellation is free. In case of cancellation up to 4 hours before start of the trip, 50 % of the fare must be paid. In case of cancellation less than 4 hours before start of the trip, VT shall retain the entire fare.
8.1. In case of violation of essential contractual duties and in case of injury to life, limb or health, VT shall assume liability pursuant to statutory provisions. In case of material damage, liability of VT shall be limited to EUR 1,000.00 per passenger. Apart from the above, VT shall only assume liability for intent and gross negligence. This shall also apply to its legal representatives and vicarious agents.
8.2. VT shall not assume liability for missed appointments and economic consequences thereof.
8.3. VT shall not assume liability towards Customer or passengers for damage caused by erroneous transfer of information by Customer.
9. Unreasonableness due to force majeure
Obstructions of traffic occurring without warning that make fulfilment of the contract impossible (e.g. as a result of adverse or severe weather, storms, black ice, traffic jams, road closures, vehicle breakdowns or traffic accidents) shall entitle VT to refuse provision of the service. The entitlement to a return service of VT shall also expire in this case. Any fare or advance payments already effected shall be returned. No compensation shall be owed in this case.
10. Exclusion of transportation
10.1. Excluded from transportation are persons who pose a threat to safety and orderliness of operation, especially people under the influence of alcoholic beverages and other intoxicating substances.
10.2. Also excluded from transportation are persons carrying firearms, unless they are licensed for carrying arms (the firearms license has to be shown without being asked to do so).
10.3. If a passenger violates the obligations set out under section 6, the passenger may be excluded from transportation.
10.4. Entitlement to payment of the fare in full as well as of any additional waiting time subject to a charge shall remain in effect in the aforementioned cases.
11. Data protection
We inform Customer in accordance with section 33 clause 1 Bundesdatenschutzgesetz (BDSG) [Federal Data Protection Act] that VT stores and processes the information required for fulfilment of the contract in machine-readable form. Customer agrees to this procedure. The information is not disclosed to third parties.
12. Place of jurisdiction, place of performance, applicable law
Place of jurisdiction is Heidelberg if Customer is a businessman or a legal person under public law. The business relationship between Customer and VT is subject to the law of the Federal Republic of Germany.
13. Severability clause
If one of the provisions of this contract is or becomes ineffective, the validity of the remaining provisions shall remain unaffected.