General Terms and Conditions of VIPLINE
Limousine GmbH
1. Scope
The following
terms and conditions apply to all contracts and pre-contractual relationships
in connection with the rental of limousines as well as to all related ancillary
services that VIPLINE Limousine GmbH - hereinafter also referred to as VIPLINE
- concludes with its customers or negotiates with them.
2. Orders
2.1. A contract
is only concluded with a prior written order confirmation from VIPLINE. If the
order confirmation contains changes to the given order, the changes are deemed
to be accepted if the customer does not object to the changes and/or accepts
the services of VIPLINE.
2.2. Verbal
agreements must always be in writing.
2.3.
Irrespective of this, a contract is concluded when the customer accepts the
services of GLS or has actually provided the VIPLINE services.
2.4. Short-term
order changes require written confirmation by VIPLINE if they exceed the scope
of the order.
2.5. During a journey,
the driver is only authorized to make changes to the order requested by the
customer if these do not exceed the usual or minor scope. If the customer
requests a change to the order that is outside the usual scope, the driver must
obtain approval for this change by telephone. If this is not possible and the
driver agrees to this change, the customer will be charged the usual costs for
the change. In addition, the customer is liable for any damage that may occur.
3. Services
3.1. The VIPLINE
services included include the limousine, the driver and all kilometers driven
within the Berlin ring road within the agreed period. Special circumstances
such as the transport of disabled people or small children must be stated in
the request.
3.2. Services
not included are third-party costs such as highway and parking fees, all
kilometers driven outside the Berlin ring road and for long-distance journeys,
expenses and overnight costs incurred in individual cases; unless a flat rate
agreement was made for external costs such as long-distance journeys outside
the Berlin ring road when the contract was concluded.
3.3. VIPLINE
undertakes to provide the customer with an appropriate vehicle in accordance
with the provisions of the Road Traffic Act (StVG) or the Road Traffic
Licensing Regulations (STVZO). The vehicles are insured in accordance with the
conditions for motor vehicle insurance (AKB). VIPLINE is entitled to provide
the customer with a vehicle type other than that agreed upon. However, it must
be a vehicle type of the same or a higher category (upgrade).
1.1. The drivers employed by VIPLINE are
in possession of the necessary official permits in accordance with the
Passenger Transport Act (PBeFG) in conjunction with the implementing
regulations for the PBeFG.
2. Transport
2.1. Despite the conclusion of the
contract, there is no obligation to transport or continue transport if the
customer does not comply with the driver's instructions, in particular with
regard to road safety and the safety of the passengers and the driver.
2.2. VIPLINE and the commissioned driver
are entitled to exclude the customer from transport or to terminate the journey
if the customer violates the driver's instructions or poses a risk to road
safety in accordance with the Road Traffic Regulations, or endangers the driver
during the journey. Customers are also excluded if they pose a risk to safety
and order, in particular if customers are under the influence of alcoholic
beverages or other intoxicating substances. The same applies to people who
carry firearms, unless they are authorized to carry firearms and can prove this
without being asked to do so by presenting their gun license. In the cases
shown, which led to exclusion from transport or termination of the trip, the
customer is obliged to pay the full fee and all additional services incurred to
VIPLINE.
2.3. A trip can also be refused if the
customer has not made the agreed deposit or has not provided a credit card as
security.
3. Remuneration
3.1. In principle, the prices of the
current price list apply, which are subject to change. Package deals only apply
to a specific order.
3.2. Any expenses and additional costs
incurred such as telephone, parking fees, ferry costs, tolls, hotel stays,
admission fees or similar are added to the invoice amount. For trips outside
the Berlin ring road, the kilometers driven are charged separately.
3.3. The final price is determined by the
order confirmation.
4. Terms of payment
4.1. Payment is generally made by credit
card, which can also be used as security for possible claims for damages. In
addition, the agreed remuneration is due no later than 48 hours before the
start of the order. When accepting the order, Vipline is entitled to demand up
to 50% of the order value as a deposit from the customer. The remaining amount
is due when the journey begins or the order is carried out.
4.2. If an invoice has been agreed, the
due date is when the customer receives the invoice. The invoice can also be
issued electronically, e.g. via email.
1.1. If there are changes to the order
during the transport that the customer has requested and that are outside the
agreed scope of services, the customer will be charged in full for each hour
started. If no other written agreement has been made, the agreed fee is due at
the end of the transport journey at the latest.
1.2. If VIPLINE cannot provide the service
for reasons for which the customer is responsible, e.g. if the customer does
not fulfill his or her obligation to cooperate under the contract, or due to
force majeure such as a pandemic, war or other causes for which VIPLINE is not
responsible, VIPLINE will continue to be entitled to the full amount of the
order value. However, the contracting parties will endeavor to reach a goodwill
arrangement without legal obligation.
2. Cancellation conditions
2.1. Unless otherwise agreed, the
following cancellation fees apply for cancellations:
• up to 30 days before the start of the
order 20% of the agreed price
• up to 20 days before the start of the
order 30% of the agreed price
• up to 10 days before the start of the
order 60% of the agreed price
• up to 5 days before the start of the
order 75% of the agreed price After that, 100% of the agreed price is due.
2.2. If VIPLINE is able to assign the
already booked order to someone else, VIPLINE will reduce the cancellation fees
as a goodwill gesture without legal obligation to an appropriate amount to
cover the costs incurred. The customer is free to prove that the actual costs
incurred or the actual damage caused by the cancellation are lower.
3. Liability and obligations of the
customer
3.1. The customer undertakes to provide
VIPLINE with all data and information necessary for the provision of the
service in a timely manner.
3.2. The customer undertakes to treat the
vehicle and the driver carefully and respectfully. The customer must observe
all regulations and technical rules governing the use of the vehicle.
3.3. The driver's instructions and
instructions must be strictly observed. If the customer behaves in a serious
manner that is not in accordance with the contract, VIPLINE can withdraw from
the transport contract with immediate effect. VIPLINE's claim for compensation
remains unaffected by the order value. In addition, there is a claim for
damages if damage has been caused by the customer's behavior that is not in
accordance with the contract. The customer is free to provide evidence that the
actual damage was less.
1. Liability of VIPLINE
1.1. VIPLINE has taken out business
liability insurance to cover possible damages. The insurance terms and
conditions of this insurance are generally referred to and can be viewed on the
Internet. In addition, VIPLINE is generally only liable for breaches of
contract for gross negligence and intent, except in the case of injury to life,
body or health, and not for indirect damage and lost profits.
1.2. Material damage that the customer
suffers due to culpable behavior on the part of VIPLINE and is not covered by
VIPLINE's insurance will only be reimbursed by VIPLINE if it does not exceed
EUR 1,000.00 and is based on gross negligence or intent. Strict liability in
accordance with the Road Traffic Act (StVG) remains unaffected by the
provisions of Section 9 of these General Terms and Conditions.
1.3. Any liability for delays that are
caused by traffic and/or weather conditions or force majeure and other
circumstances that VIPLINE cannot influence is excluded. Claims for damages
derived from this are excluded.
1.4. Damage or potential damage must be
reported immediately, but no later than 2 weeks after the trip has taken place
(general exclusion period). When reporting damage, the regulations of the
liability insurance of VIPLINE or its employees must be observed. This includes
the form of the damage report and the evidence to be provided. If it is not
possible to report the damage within this period, the customer must prove that
it was impossible for him to report the damage and that he reported the damage
in the required manner immediately after the objective end of the prevention of
a damage report.
2. Data protection, confidentiality
2.1. The customer is informed in
accordance with Section 33 Paragraph 1 of the Federal Data Protection Act that
VIPLINE stores and processes data required to fulfill the contract in
machine-readable form. The data will not be passed on to third parties.
2.2. Otherwise, customer information will
be treated confidentially.
3. Severability Clause If a provision is
invalid or there is a gap in the contract, this does not make the remaining
provisions invalid. The invalid provision or gap will be replaced by the
legally permissible provision that best corresponds to the spirit of the
contract.
4. Place of performance, place of
jurisdiction, other
4.1. The place of performance is Berlin or
the place where the service is provided.
4.2. The place of jurisdiction is
exclusively the Charlottenburg District Court - Berlin, unless another place of
jurisdiction is mandatory. This also applies to all disputes with merchants,
legal entities under public law or with persons and customers who do not have a
general seat in Germany.
4.3. German law applies exclusively,
unless the law of another country applies.
4.4. VIPLINE has the right to constantly
adapt the General Terms and Conditions, in particular to new legal framework
conditions. In principle, the current General Terms and Conditions apply at the
time the respective contract is concluded.
Scope of
application:
We, Vipline Limousine GmbH (“Vipline”), take the protection of
your personal data seriously
and protect your privacy when processing it in accordance with the
applicable data protection
regulations. This data protection declaration informs
you as a visitor to the VIPLINE websites, as a user or customer of the Vipline
online platform, a VIPLINE app or other VIPLINE services (together also
“VIPLINE Services”) about which of your personal data is processed by VIPLINE
and for what purpose. The VIPLINE Services are not aimed at minors or persons without
legal capacity.
Name and contact details of the person responsible
The person responsible for data processing within the meaning of
the General Data Protection
Regulation
(GDPR) is:
VIPLINE Limousine GMBH
Managing Director Mr. Cihat Gultekin Brandenburgische 35
10707 Berlin – Germany
Telephone: +49 30 367 024 38 – Fax: +49 30 343 574 01
E-mail: info@vipline-limousine.com Web: www.vipline-limousine.com
Further information about Vipline Limousine Service GmbH can be
found in the imprint
https://www.vipline-limousine.com/de/impressum
LAWYERS Ralf Prothmann, Freiherr-vom-Stein-Straße 12, 10825 Berlin
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