General Terms and Conditions
Part 1: Generalities
Section 1 Subject of the following General Terms and Conditions
The company Mietwagenservice Schmidt – the “Carrier” – is a licensed car rental company within the definition of Section 49 (4) Carriage of Persons Act (“Personenbeförderungsgesetz” – “PBefG”), which commercially offers and undertakes the carriage of persons in passenger vehicles.
The following General Terms and Conditions of Carriage apply to the conclusion and performance of agreements between the Carrier and the client (the “Passenger”) – for the carriage of persons and articles within the context defined above, unless these are abrogated by way of an individual agreement between the contractual parties.
Section 2 Applicable law
The parties agree that the following agreement shall be concluded in accordance with the law of the country in which the Carrier has its headquarters, therefore in accordance with the law of the Federal Republic of Germany.
Part 2: Formation of the contract
Section 3 Offer and acceptance
The Carrier gives a non-binding offer, either via its website or by way of an email or telephone call – in each case in response to the request of the Passenger – or following the entry or submission of the requested carriage data through the carriage options and prices displayed or named therein.
By clicking on the “Make payable reservation now” button on the Carrier’s website or by placing a reservation by email or over the telephone, if the non-binding offer made to him appeals to him, the Passenger issues a binding offer to the Carrier for the conclusion of a contract of carriage under the displayed or specified terms.
The contract is concluded through the order confirmation issued by the Carrier, which is usually issued in electronic form via email or overall the telephone.
Until he receives the order confirmation, the Passenger is entitled at any time to terminate the reservation process, free of charge, by issuing notice to the Carrier.
Prices are calculated automatically through the website according to the data given by the user. Due to technical reasons a wrong calculation can be the case, why the carrier reserves the right to recalculate the price. If the clients booking should be effected he will be informed and would be able to cancel the booking without costs and a 100% refund of any made payments.
Section 4 Advance payments, time the carriage charge becomes payable, method of payment
If no other agreement is made, at the time of the reservation, the Passenger is required to make an advance payment of 100 percent of the agreed carriage charge. The carriage price is due and payable at the time of booking or latest upon the completion of the carriage; advance payments made shall be offset.
Payment shall be made either in cash in Euro or by credit card (Master Card or Visa) to the driver upon completion of the carriage or at the time of booking.
Part 3: Cancellations and no-shows
Section 5 Cancellation
If the Passenger cancels the carriage arrangement up to four weeks prior to its scheduled start, he shall be liable to pay the Carrier the standard rate of 10 percent of the agreed carriage price as compensation for the losses sustained by the Carrier through the cancellation, due to the arrangements and provisions already implemented.
If the Passenger cancels the carriage arrangement less than four weeks prior to its scheduled start, he shall be liable to pay the Carrier the standard rate of 25 percent of the agreed carriage price as compensation for the losses sustained by the Carrier through the cancellation, due to the arrangements and provisions already implemented.
If the Passenger cancels the carriage arrangement less than ten days prior to its scheduled start, he shall be liable to pay the Carrier the standard rate of 50 percent of the agreed carriage price as compensation for the losses sustained by the Carrier through the cancellation, due to the arrangements and provisions already implemented.
If the Passenger cancels the carriage arrangement less than three days prior to its scheduled start, a flat-rate of ten percent of the agreed carriage price will be deducted by the Carrier from the carriage price to serve as repayment of costs saved. The remaining 90 percent is the standard rate payable to the Carrier as compensation for the losses sustained through the cancellation, due to the provisions, arrangements and scheduling of vehicles and staff already implemented.
If the Passenger cancels the carriage arrangement less than 24 hours prior to its scheduled start, he shall be liable to pay the full carriage price as the standard rate payable to the Carrier as compensation for the losses sustained through the cancellation.
Cancellations made after the agreed collection time are deemed to be no-shows.
Section 6 No-shows
If the Passenger does not appear at the agreed point in time (taking the grace period granted under Part 4 into consideration) at the agreed place at which the carriage is supposed to commence, even though the Carrier has performed everything necessary on its part in order for the carriage to be duly completed, the agreed carriage price shall be payable in full as the standard rate of compensation to the Carrier through the losses sustained due to the no-show of the Passenger.
Section 7 Proof of a lower loss amount
However, by way of derogation from the aforementioned provisions of this Part, the Passenger is entitled to demonstrate that the loss sustained by the Carrier was for a lower amount – especially that no loss in value was sustained, the Carrier was able to save any additional costs or wilfully failed to do so, or was able to gainfully otherwise deploy his employees.
Part 4: Performance of the contract
Section 8 Passenger’s duties of cooperation
The Passenger shall provide the Carrier in good time with all information pertaining to its area of responsibility, which the Carrier requires for the orderly and safe performance of the carriage arrangement.
This information especially concerns details about any accompanying children under the age of twelve, including their number and ages as well as the amount of accompanying baggage, including any pets that may be accompanying them.
Section 9 Arrival and collection times
Arrival and collection times are to be specified in accordance with the local time of the relevant location. The specified times are binding.
The Carrier shall grant a grace period of 30 minutes. The entitlement to carriage is extinguished thereafter.
However, the Carrier shall use its best efforts, using the resources available to it, to offer the Passenger an alternative transfer. Any additional costs incurred in this respect shall be borne by the Passenger.
Section 10 Delays in the run-up and during the carriage
The Carrier shall not be responsible for delays during the carriage operation, if these are not attributable to his area of responsibility. Delays not attributable to the Carrier’s area of responsibility especially include delays and changes to flight sequence as well as delays caused by traffic jams or road traffic accents, in relation to which no fault can be imputed to the Carrier and its vicarious agents, as well as unforeseen weather conditions.
The Carrier shall, however, make every effort to use its experience in calculating journey times so as to factor in anticipated traffic disruptions and it will notify the Passenger of these circumstances.
Section 11 Route and stopovers
Unless otherwise agreed, the agreed carriage price is for carriage taking the direct route without any diversions or stopovers. Excluded from this are driving breaks, which the driver is required to take in observing the statutory driving times and rest periods, or which are necessary in order to take a toilet break or to take on food where reasonable given the length of the journey.
Section 12 Interruptions to the journey sequence, ending the drive at the Passenger’s request
During carriage the Passenger and the persons accompanying him must continuously conduct themselves in a manner that does not jeopardise the safety and orderly performance of the carriage. The instructions of the Carrier as its vicarious agents must be followed at all time, where these help to ensure the safety or orderly performance of the carriage.
If the conduct of the Passenger or the persons accompanying him significantly affects the orderly performance of the carriage or the very safety of the carriage, the Carrier shall have a special right to terminate the arrangement immediately. In this case it shall remain entitled to demand full payment of the fee. This does not affect the Carrier’s other claims against the Passenger, such as damage to the vehicle attributable to the Passenger.
If, at the request of the Passenger, the journey is ended before reaching the agreed destination, and this is not the result of any culpability attributable to the Carrier or its company officers or vicarious agents, it shall remain entitled to claim fully payment of the fee.
However, by way of derogation from the foregoing provisions, the Passenger shall remain entitled to prove that the loss sustained by the Carrier was for a lesser amount.
Section 13 Damage and soiling
The Passenger is liable to the Carrier for damage and soiling of the Carrier’s vehicle that exceeds the level of damage – especially wear and tear – and soiling that would usually be anticipated through the intended, specified use of the vehicle.
In the event of excessive soiling occurring to the vehicle, such as a passenger vomiting within the vehicle, the Carrier shall be entitled to collect a special flat-rate cleaning charge a special cleaning to the sum of 150 Euro. However, by way of derogation from the foregoing provision, the Passenger shall remain entitled to prove that the loss sustained by the Carrier was for a lesser amount.
Smoking is strictly prohibited within the Carrier’s vehicles. In the event that the Passenger or the persons accompanying him fail to observe this rule, the Carrier reserves the right to charge the Passenger the costs required for a special clean.
Section 14 Baggage
The customer is entitled to have baggage carried to the extent that this is safely possible and permissible within the reserved size of vehicle. Hazardous substances and substances banned in a transit country are precluded from carriage.
The Carrier shall not be liable for damage to and loss of the accompanying baggage, other accompanying articles and accompanying pets, unless the damage (injury) or loss is attributable at the very least to the grossly negligent breach of duty on the part of the Carrier, its company officers or its vicarious agents.
Part 5: General liability provisions
Section 15 General liability provisions
Unless otherwise regulated by the foregoing provisions, the Carrier shall be liable in accordance with the statutory regulations for the breach of material contractual obligations as well as death or personal injury. The Carrier shall otherwise only be liable for deliberate acts and gross negligence.
Part 6: Concluding provisions
Section 16 Legal venue
If the Passenger is a “merchant” or a legal entity under public law, it is agreed that Munich shall be the legal venue for disputes resulting from the concluded contractual arrangement.