General Terms and Conditions

General Terms and Conditions
Status 01.03.2024

§ 1 Scope of application
The following GTC apply exclusively to all present and future legal relationships between EXCELLENT DRIVE 24 GMBH and its customers. If these GTC conflict with the terms and conditions of the customer or other third parties who enter into business relations with EXCELLENT DRIVE 24 GMBH, these GTC shall take precedence. The customer’s terms and conditions shall not apply, even if EXCELLENT DRIVE 24 GMBH does not separately object to their validity in individual cases. Deviations from these GTC are only effective if they are confirmed in writing by EXCELLENT DRIVE 24 GMBH.

§ 2 Offer and conclusion of contract
The offers of EXCELLENT DRIVE 24 GMBH are subject to change and non-binding. Declarations of acceptance and all orders require the written confirmation of EXCELLENT DRIVE 24 GMBH in order to be legally effective. The same applies to supplements, amendments or subsidiary agreements. The employees of EXCELLENT DRIVE 24 GMBH and subcontractors are not authorized to make verbal collateral agreements or give verbal assurances that go beyond the content of the written contract. A contract is concluded by written confirmation of the order by EXCELLENT DRIVE 24 GMBH. EXCELLENT DRIVE 24 GMBH usually confirms the placed order immediately, but at the latest within 7 days. A contract is also concluded by EXCELLENT DRIVE 24 GMBH providing the services ordered. When placing the order, the client is obliged to inform EXCELLENT DRIVE 24 GMBH of all essential factors relating to the execution of the contract, in particular dates, start and destination address, number of persons to be transported, type and scope of luggage/cargo. If animals are to be transported with or alone, the type and breed must be stated when the order is placed. For better organization in confusing places, e.g. airports, train stations, etc., it is helpful to provide the mobile phone number of the person to be transported. EXCELLENT DRIVE 24 GMBH reserves the right to carry out a credit check before concluding a contract.

§ 3 Price
Unless otherwise agreed in writing, the current price lists shall apply. In the event of an agreement to the contrary, EXCELLENT DRIVE 24 GMBH shall be bound by the prices contained in its offers for 30 days from the date of the offer. The prices stated in its order confirmation shall then apply. The applicable value added tax shall always be shown. Additional services will be charged separately. The invoice shall be issued promptly after booking or completion of the order. The customer must pay the invoice amount without deductions by invoice within the period specified in the invoice. Employees are not authorized to collect payments.

§ 4 Subject matter of the contract and exclusion of carriage
Passengers, animals, goods and documents are transported using a state-of-the-art exclusive transportation service. The respective vehicle is insured in accordance with the applicable General Terms and Conditions for Motor Vehicle Insurance (AKB) as follows:
For property damage and financial loss, a lump sum of 100 million euros. In the event of personal injury, the insurance is liable up to 8 million euros per injured person. Persons or goods that represent a danger to safety and order are excluded from transportation. A passenger who has already boarded the vehicle can also be excluded from further transportation if
they pose a concrete threat to the safety and order of the transport operation. Generally excluded from transportation are dangerous substances and objects, in particular explosive, highly flammable, radioactive, foul-smelling or corrosive substances, unpackaged or unprotected goods that could injure passengers. All luggage must be stored in the trunk or luggage compartment of the vehicle. The driver may refuse to transport items of luggage that are too large for the luggage compartment or generally too numerous for safe transportation to be guaranteed.
Animals are generally carried. However, they must be accommodated in such a way that the safety and order of the company is not jeopardized. Exceptionally, there is no obligation to carry animals if the animal is particularly dangerous or if the driver’s fear of the animal impairs his ability to drive the vehicle safely. Documents are deemed to have been delivered when they are handed over to the addressee or his employees or assistants, unless a personal handover has been agreed in advance. The customer must handle the vehicle with care and observe all regulations and technical rules applicable to its use. The driver’s instructions must be followed at all times. Smoking in the vehicles of EXCELLENT DRIVE 24 GMBH is generally prohibited. EXCELLENT DRIVE 24 GMBH reserves the right not to transport persons of unsound mind in extreme cases. In the event of violations of these GTC regulations or improper behavior, the contract may be terminated with immediate effect without the need for a separate notification. However, a prior reminder will usually be sent by the driver. In this case, EXCELLENT DRIVE 24 GMBH shall retain the claim to remuneration for the entire agreed duration, less the expenses saved. In addition, there is a claim for compensation for damages resulting directly from the non-contractual handling of the vehicle by the customer, as well as against the respective client, unless they are identical. In this case, they shall be jointly and severally liable. Liability shall also exist if the client is not at fault. If the customer’s vehicles are used, the customer shall indemnify EXCELLENT DRIVE 24 GMBH from any liability to the extent permitted by law. If the client withdraws from the contract or does not make use of the services of EXCELLENT DRIVE 24 GMBH without withdrawing, the following cancellation fees shall be due:
Cancellation conditions for limousines and minivans in the day service:
– 72 hours before provision of the service: 50% cancellation fee of the agreed amount
– from 24 hours before provision: 100% cancellation fee of the agreed amount
– For partners, the cancellation conditions apply in accordance with the current contractual agreements
Cancellation conditions for limousines and minivans multi-day bookings / events (multiple vehicle bookings per day) / trade fair events or similar. Cancellations from booking up to 30 days before provision – 10% cancellation fee of the agreed amount
– Cancellations 29-15 days before provision – 25% cancellation fee of the agreed amount
– Cancellations 14-4 days before provision – 50% cancellation fee of the agreed amount
– Cancellations from 72 hours before provision – 75% cancellation fee of the agreed amount
– Cancellations from 24 hours before provision – 100% cancellation fee of the agreed amount
Decisive for the cancellation date is the date of receipt of the written cancellation by EXCELLENTDRIVE 24 GMBH. If the services of EXCELLENT DRIVE 24 GMBH are not utilized without cancellation, the customer must pay the agreed price without deduction.

§ 5 Liability
The liability of EXCELLENT DRIVE 24 GMBH for contractual breaches of duty and tort is limited to intent and gross negligence and, in the case of customers who conclude a contract with EXCELLENT DRIVE 24 GMBH as entrepreneurs (= natural and legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction), to compensation for the typically occurring damage. This shall not apply in the event of injury to life, body and health of the customer or in the event of claims for breach of cardinal obligations. In this respect, EXCELLENT DRIVE 24 GMBH shall be liable for any degree of fault. However, liability in the event of a breach of cardinal obligations shall also be limited to the regular foreseeable damage. Strict liability in accordance with the German Road Traffic Act (StVG) remains unaffected by these regulations. Should EXCELLENT DRIVE 24 GMBH be unable to meet an agreed deadline due to technical breakdowns, force majeure, weather-related emergencies or legal requirements (e.g. smog, etc.), the customer shall have no claim to fulfillment of the contract. The customer shall be refunded any payments already made.
In the event of a technical breakdown, EXCELLENT DRIVE 24 GMBH is entitled to provide a replacement vehicle. Further claims for compensation by the customer are excluded. EXCELLENT DRIVE 24 GMBH is exempt from liability insofar as exceeding the transportation time is due to circumstances that could not have been avoided with the greatest care and the consequences of which could not have been avoided.

§ 6 Notification of damage and limitation period
Damage or other claims by the customer must be reported in writing immediately after completion of the transportation. In the case of damage that is not immediately recognizable, this must be reported in writing within three days of the end of the order. If, in exceptional cases, the customer cannot reasonably be expected to meet the short reporting deadline, he must report the damage immediately. The customer shall bear the burden of proof for the unreasonableness of compliance with the reporting deadline.

§ 7 Place of jurisdiction, choice of law, written form requirement
If the customer has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of EXCELLENTDRIVE 24 GMBH, i.e. Düsseldorf. If the customer is an entrepreneur, the place of jurisdiction is also the registered office of EXCELLENTDRIVE 24 GMBH, i.e. Düsseldorf, whereby EXCELLENT DRIVE 24 GMBH is also entitled to sue the customer at his general place of jurisdiction. The law of the Federal Republic of Germany shall apply to this contract. Oral commitments require written confirmation by EXCELLENTDRIVE 24 GMBH in order to be effective.

§ 8 Confidentiality
We undertake to maintain confidentiality with regard to information that we have obtained about the customer in the course of our cooperation under the contractual agreement. We also undertake to impose a corresponding confidentiality obligation on our employees and partners. The confidentiality obligation does not end with this contract, but is unlimited in time. The confidentiality obligation does not extend to information that was already in the public domain when the contract was concluded or that subsequently became known without a breach of this confidentiality obligation.

§ 9 Data protection
We would like to point out that personal data is stored as part of the execution of the contract and is passed on to third parties in order to comply with legal regulations or if it is necessary for the fulfillment of the contract. Any further use or disclosure will not take place.

§ 10 Severability clause
Should a provision in these GTC be invalid, this shall not affect the validity of all other provisions. The parties undertake to replace an invalid provision with one that comes closest to the original clause and the economic purpose.