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Terms and conditions

Scope of services in the organization of transfer and hourly rental cars

1. NiceCarDriver LLC provides all services solely on the basis of the General Terms and Conditions. These include, but are not limited to, carriage of passengers in personal services, car rental and car excursions, as well as services from the event management area. These conditions apply to all offers and contracts in the context of current and future business relationships, even if they do not need to be directly agreed. Not later than upon receipt of the agreed service, these conditions apply to commercial transactions in the form in which they are accepted.
2. The present provision directly contradicts the additional, deviating and contradicting conditions of the client. The terms of derogation will only be accepted if there is a written agreement (by email or fax) between the parties regarding the derogation in question.
3. Individually concluded agreements between the parties shall prevail by law. Conflicting conditions become invalid, as they require an appropriate agreement for the validity of conflicting conditions in text form. The statements made by the client to NiceCarDriver LLC after the date of conclusion of the contract must also be in text form in order to be effective, since otherwise the statements made have no legal significance.
4. Rules that have not been formulated in writing between the client and NiceCarDriver LLC are subject to legislative provisions.

Offer and contract

An order and a declaration of acceptance always require written confirmation of NiceCarDriver LLC for legal force. Information and data related to the order must be available by NiceCarDriver LLC within a reasonable time and in a mandatory version. NiceCarDriver LLC is also not obligated to check the data provided for accuracy. Additions, changes or additional agreements also require written confirmation. NiceCarDriver LLC usually confirms the order immediately, but no later than within 30 days. The contract for the provision of the ordered services of NiceCarDriver LLC shall also enter into force immediately upon agreement of the parties. The offers of NiceCarDriver LLC are subject to § 145 of the German Civil Code (Bürgerliches Gesetzbuch - BGB) without participation, unless explicitly indicated as binding.

Service Delivery

1. NiceCarDriver LLC is not responsible for the inability to perform the service, including due to force majeure or other circumstances during the contract that predetermine unforeseen events (for example, failures of any kind, difficulties with the procurement of materials or energy, delays in transportation, strikes, legal lockouts, lack of staff, difficulties obtaining special permits, official measures, incorrect or untimely delivery from suppliers), for which NiceCarDriver LLC is not responsible.
2. The occurrence of delays in the performance of services is determined by the provisions of the law. In any case, however, a notification of the delay will be sent to the client.

Prices and payment methods

1. Unless otherwise agreed, the prices indicated in the offer of NiceCarDriver LLC are always valid.
2. The customer is obliged to pay for the service specified in the offer, in the order confirmation or in the contract, plus the corresponding statutory VAT.
Terms of payment are indicated in the relevant invoice.
3. Additional services are paid separately. Prices are quoted unless otherwise agreed, with the exception of contingencies incurred in the context of the order. In particular, parking costs, as well as all additional costs that are paid by the customer or persons who will be transported as part of the service, are not included in the price and are paid separately.
4. The waiting time is considered individually depending on the type of order. Upon receipt at the airport, a waiting period of 30 minutes is included in the transfer price for free. If the actual arrival of the flight is earlier than the planned arrival, the client must wait for the driver. The waiting period begins with the landing time displayed by the airport operator. For all venues that are not designated as airports, the free waiting time is 15 minutes, for latecomers - the same as for arrivals. After the specified waiting time, a parking fee will be charged, and each additional 30 minutes of waiting will be charged 50% of the hourly rate of the city tariff of the vehicle category used by the client.
5. If the client does not arrive at the agreed meeting place at the agreed time, and he cannot be contacted in person or by phone during the included waiting time, and he has not notified NiceCarDriver LLC either in writing or by phone about his delay, 100% of the cost of the transfer cost will be charged. The order will be deemed completed.
6. NiceCarDriver LLC has the right to demand an advance payment from the client to cover expenses and, accordingly, to demand an advance payment of up to 2/3 of the invoice amount no later than one week before the customer completes the order. In addition, NiceCarDriver LLC has the right to create partial invoices for services already provided.
7. If the invoice does not indicate a specific payment term, all payment amounts must be paid no later than after the full implementation of the service.
8. By default, customers who are entrepreneurs are charged interest at a rate of 8% per annum above the corresponding base rate and customers that are consumers at a rate of 5% per annum are calculated at the corresponding base interest rate. A statement of higher damage caused by the delay is expressly reserved for NiceCarDriver LLC. The requirement for commercial interest in repayment (§ 353 Handelsgesetzbuch) remains unchanged.
9. If the cost of raw materials increases by more than 10%, it is necessary that NiceCarDriver LLC and the client enter into negotiations again to set a new price for services. If the Parties cannot agree on a price adjustment within 14 days, either Party may withdraw from the contract.

Cancellation Policy and Fees

1. In the event of termination of the relationship by the client, expenses already incurred by the client may be charged. This also applies if the customer is not at fault. Decisive for cancellation is the cancellation of the receipt. Cancellations can only be accepted during normal business hours. If the agreed service is not claimed without a written cancellation, the client must pay the full agreed price. Cancellation within 24 hours prior to the provision of the service is free of charge. 24 hours before delivery -> 50% of the agreed invoice amount. 12 hours before delivery -> 100% of the agreed invoice amount.
2. This is not affected by the mutual right to termination without prior notice for a good reason. An important reason may be, for example, a statement of court or extrajudicial insolvency proceedings against the assets of NiceCarDriver LLC or the client and establishes a bilateral right to terminate the contract.
3. Termination must be in writing by fax or in original by mail.
4. NiceCarDriver LLC may terminate the contract before starting service, if there is an unpredictable reason (for example, force majeure circumstances) and the resulting service is not possible.
5. For events that impede the execution of temporary periods, the performance dates are delayed for the period of incapacity for work.

Customer Engagement Commitment

1. The client is obliged to behave appropriately when using our vehicles, as this requires safety and operating procedures, client safety, driver safety and accounting of other persons. The driver’s instructions must always be followed during the transfer service. In case of improper handling by the client of the vehicle, the contract can be terminated with immediate entry into force, as the client does not respond to the warning. In this case, the termination of the contractual relationship does not require separate communication. The claim of NiceCarDriver LLC remains valid throughout the agreed term of the contract. In addition, the claim for damages caused to the vehicle remains valid. If the client and our contractual partner do not match, then they are jointly and severally liable. In case of impurities, the cleaning fee is paid separately.
2. Cars from NiceCarDriver LLC cannot be used:
a) for the transport of hazardous substances of any kind,
b) for the purpose of committing a crime within the meaning of the German Penal Code (§§ 1-9 StGB), even if they are punishable only in accordance with the legislation of the crime scene,
c) for travel outside the scope of the contractual use.
3. It is forbidden to ask, persuade or force the driver to commit crimes.

Bill payment and retention

The client has the right to pay the bill only if his counterclaims are legally established or not disputed, and based on the same contractual relationship.

Subject to change

Basically, the ordered car is always provided to the customer. If contract delivery is not possible due to the impossibility of its implementation and a hopeless situation, NiceCarDriver LLC reserves the right to provide another vehicle. If the car belongs to a lower price category, the client has the right to reduce the invoice amount in the amount of the difference in price and receive this difference. The right to terminate the contract is not connected with this.

Responsibility

1. A claim for damages of any kind for any legitimate reason is excluded if NiceCarDriver LLC or its deputies did not act intentionally or through gross negligence.
2. Claims for damages for the impossibility of performance, contractual violation of duties or other offense are excluded both against NiceCarDriver LLC and against their deputies, as there are no deliberate or negligent actions. The liability of NiceCarDriver LLC is limited to a maximum of 3 times the agreed execution price. Personal injury is limited to motor vehicle liability insurance in accordance with legal requirements. All acceptable claims for non-contractual services by NiceCarDriver LLC must be made in writing within 5 business days from the date of execution of the order. Delays in work due to events that complicate or make impossible work for NiceCarDriver LLC (including, but not limited to technical malfunctions, force majeure, weather-related emergencies, legal requirements, strike, lockout, demonstrations, etc. e.), Even if they occur with suppliers, Nicecardriver GmbH has no liability even for the agreed terms. If the duration of the carriage is exceeded, NiceCarDriver LLC is also exempted from liability, since the excess of the carriage time is based on circumstances that the company could not have avoided even with great care, and its consequences could not be prevented. Replacement of indirect damages, such as lost profits and lost profits, is excluded.
3. For damage resulting from the prohibited use of vehicles, the client and any beneficiaries are liable for an indefinite period, personally and jointly.

Jurisdiction

The place of jurisdiction is the commercial company LLC NiceCarDriver, Frankfurt, if the client is a registered trader or legal entity in accordance with public law or a special fund in accordance with public law.

Choice of law

Contractual relations between the contracting parties are governed by German law, with the exception of the UN sales law, even if the client has his place of residence or his business abroad.

The current version of the document is 04/02/2019.

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