1. Area of applicability /validity:
The following terms and conditions apply to all present and future legal transactions and acts between Limousinen- und Chauffeur-Service Thomas Morgenstern (short form LSM used in the following) and its clients. In case these terms are inconsistent with terms of a client or a third party involved, they will have priority. This is the case even if LSM had knowledge of those contradictory terms or alternate terms, did not oppose to them and had supplied the service unconditional.
2. Terms of contract/ placing of orders:
A contract becomes valid by written confirmation of the booking placed. LSM usually reconfirms the booking right away, however, after max. 14 days. In addition to that, a contract becomes valid as soon as LSM actually supplies the services it was ordered to supply. The terms mentioned above are also persistent with additions or alterations to the booking placed. The client is obliged to inform LSM about all relevant factors concerning the realization of the service, e.g. dates, number of guests to be transported, kind and volume of luggage and other carry-on items, at the time of booking.
LSM is obliged to use only absolutely roadworthy and technically perfect vehicles that apply to the rules and regulations of the german traffic regulations/highway code (see StVG, StVO and StVZO) as well as the specific terms of the BOkraft, which regulates passenger transport. The vehicle will be fresh and thoroughly cleaned at the time of service. It is insured within the applicable terms of the german automobile insurance regulations (AKB). All drivers are in possession of the applicable licence for passenger transport (see PBefG). LSM reserves the right to transfer the rights and obligations of a contract to an alternate suppliers/company. The client will be informed about such a transfer of contract and is of course free to withdraw from the contract within a deadline of 3 days after gaining knowledge of the transfer.
All prices mentioned are in EURO. Quotes remain valid for 21 days following the issue date. Please note, that all details within the quotations of LSM are non-binding. Only the prices issued in your booking confirmation, subject to the applicable german VAT, are relevant. Additional services will be charged separately.
5. Terms of payment:
Payment is usually done via invoice to the address named by the client within the booking contract. Payment should be done within 14 days after receipt of the invoice without any deductions. Relevant for the payment deadline is the date of reception of the money by LSM. In addition to that a payment in cash in advance or at the site of service is possible. A written invoice can be send to the client per mail if desired. Credit cards, cheques, bills of exchange or drafts can only be accepted by prior arrangement and agreement by LSM. After the payment deadline of 30 days after the sending of an invoice the legal collection procedures will be started.
6. Cancellation terms:
A cancellation needs to be done in a written form and will be confirmed in written form. Unless agreed on differently a single expense allowance of 20,00 Euro including applicable VAT is billed if the client withdraws from the contract until 7 days prior to the booked service date. Less than 7 days prior to the booked service date a cancellation fee of 50% of the price agreed on applies. For withdrawal within 24 hours prior to the booked service a cancellation fee of 100% of the expected invoice total applies. This is also valid for the case of a no-show of the client/guests at the agreed meeting area/pick-up area. LSM reserves the right to demand a higher actually occurred loss/ higher actually occurred expenses from the client. The calculation of the expected invoice total in case of cancellation fee payments will always be to the advantage of the client and can according to the kind of booking and order volume also be restricted to a expense allowance of a certain amount. The client has the right to prove that the actual expenses did not measure up to the expenses mentioned in the bill.
7. Transport restrictions:
Passengers that pose a danger for the security and order of the transport can be excluded from the service. This especially is valid for passengers that are under the influence of alcoholic beverages or other drugs of any kind and passengers with guns or other arms unless they are entitled to carry those. The passengers need to behave in a way to ensure their own and the driver’s security during the transport and consider other travellers as well. Orders given by the driver or our staff need to be followed immediately. If a passenger does not stick to the obligations mentioned and continues to violate them after being urged not to do so by the driver, he/she will be excluded from the service. Damages done to the vehicle or further applicable damages by the passengers need to be paid for by the responsible party or the party that ordered the services. For any dirtying cleaning fees will be billed separately. In case the responsible and the contract party are not identical they will both be liable as a total debtor. The liability remains even if the party ordering the service is not responsible for the damage done by the passengers.
8. Liability :
The liability of LSM is restricted to the maximum of the price agreed on for the service. Further compensation claims to LSM or third parties involved are excluded unless the damage was done wilfully or stark negligent. If LSM can not supply a service on the date agreed on through the cause of technical break-down, force major, accidents, traffic congestion or legal restrictions (e.g. smog) as well as restrictions by climate, the client does not have a right to demand the fulfilment of the contract. The client will receive a full refund on the payments done so far. In case of a technical break-down LSM can supply an alternate vehicle for the service. Further claims by the client are excluded. LSM is freed from liability if an extension of the transfer/tour time relies on conditions that cannot be controlled by using the most care and consideration and whose effects/consequences we cannot ward off. In case of a third party carrying out the service as a partner of LSM claims can only be accepted to the extent that LSM can claim to this third party.
9. Notification of damages and limitation:
Visible/noticeable damages and claims need to be announced in a written form directly after the transport service. Damages that were not immediately noticeable need to be claimed in written form within 5 days after the termination of the service. After this point all claims are excluded. Furthermore all claims to LSM come under the statute of limitations one year after the termination of the service. A limitation of 3 years is only applicable to damages done wilfully or stark negligent by LSM.
10. Type/class of vehicles:
In case a vehicle breaks down the party carrying out the service (LSM or third parties) is entitled to supply an alternate vehicle. The client is explicitly informed that those alternate vehicles can be of a lower or higher class than the vehicle booked. The client will only be billed the price of the class of vehicle used, be it a lower class, or respectively the price of the booked class be it a higher class.