General terms and conditions of business

• 1 Scope

1. For the business relationship between Taxi & Mietwagenunternehmen Serhat Ata, Aschauerstraße 21 81549 Munich, Germany and the customer (hereinafter referred to as the customer or user), the following General Terms and Conditions apply in the version that can be viewed on the website, in the business premises and in the vehicles of Taxi & Mietwagenunternehmen Serhat Ata.
2. Deviating general terms and conditions of the customer are rejected, unless Taxi & Mietwagenunternehmen Serhat Ata has agreed to the validity in writing.
3. By accessing the website www.mychauffeurservice.de and the associated pages, you confirm that you have read these provisions.
4. Taxi & Mietwagenunternehmen Serhat Ata reserves the right to change or renew these General Terms and Conditions at any time with effect for the future. On the Internet pages, in the business premises and in the vehicles of the Taxi & Mietwagenunternehmen Serhat Ata, the current version of the General Terms and Conditions can be viewed from the time of their application.
5. When traveling abroad, the passenger undertakes to be in possession of valid identification papers, a visa or proof of residence.

• 2 Subject of the contract

6. Unless otherwise agreed in writing, offers of the provider are always subject to change. The customer has the option to place his order in writing, in electronic form or orally. A contract is concluded only with written or in electronic form submitted booking confirmation of the order by the provider. If the content of the confirmation differs from that of the order, this constitutes a new offer to the customer.If the acceptance of an order on the basis of a typographical, arithmetical or clerical error, Taxi & Mietwagenunternehmen Serhat Ata reserves the right to withdraw.

The conclusion of the contract and the contractual relationship between the provider and the customer are regulated by these general terms and conditions.

7. Taxi & Mietwagenunternehmen Serhat Ata offers the following services:

Transport of people with vehicles, chauffeur service with taxi and rental car, airport transfer service, trade fair trips, day and long-distance trips, event trips, pick-up service, excursions, errand trips, sightseeing tours.

8. The service obligations of the provider to the customer are determined by the order confirmation of the provider and the booking of the customer. The service offer of the provider includes the provision of the agreed vehicle plus driver and the implementation of the transport to the agreed destination or purpose. The application of the law on contracts for work and services is excluded.
9. The following are excluded from the provider's range of services:
10. a) the supervision of the persons to be transported, in particular children, young people and persons in need of help,
11. b) the supervision of luggage, hand luggage and other items of the transported persons, which the customer carries with him or leaves with the provider after the end of the carriage,
12. c) Information about currency, passport, visa, customs and health regulations and compliance with the resulting obligations.
13. Changes in performance by the provider, which become necessary after the conclusion of the contract in order to fulfill the contractual obligations, are permissible if the circumstances that lead to the change in performance were not brought about by the provider in bad faith and the customer can be expected to do so.
14. Information from brochures, price lists and comparable content and information is only part of the contract if this is expressly agreed.

• 3 Contact, Use and Booking

15. The user can select a passenger transport service from the provider via the website www.mychauffeurservice.de.
16. The booking of the transport service via the internet platform takes place in the following steps:

– Enter pickup location and destination

– Enter date and time

– Determine price and vehicle

– Choose payment method and book

– received booking confirmation

17. After completing all the entries, the customer will receive a provisional and non-binding reservation confirmation together with the general terms and conditions by e-mail.

• 4 Rights and Obligations of the User

18. Registration on the internet platform by the user is free of charge. After registration, the user is entitled to use the services provided by the provider. For registration, the user must provide the following truthful and complete information on the Internet platform.

– first name and last name

– Address

– phone number

Changes to the data provided must be updated immediately by the user in the user account.

19. After receiving the booking data, the user has to compare them with the booking confirmation. The user is obliged to immediately notify the provider of any deviations from the booking confirmation, a cancellation, his or a delay of the driver, as well as a non-appearance of the driver at the meeting point.
20. The user is granted the use of the Internet site within the framework of the General Terms of Use. The user is not entitled to save, duplicate, change or decompile contents of the Internet site by downloading or in any other way, unless this is permitted by 69 d, e Copyright Act.
21. The user undertakes not to pass on data (e.g. driver contact data) obtained as part of the use of the Internet platform to third parties or to use it commercially in any way.
22. The User warrants that he/she will not use the Services in any manner that could damage, disable, overburden or otherwise impair the Provider's server or connected networks. If the user violates the granted rights of use, his right to use expires with immediate effect and automatically reverts to the provider.
23. The user is responsible for providing the technical requirements for proper and error-free reception/use.
24. In the event of a violation of the General Terms and Conditions or the user obligations, the provider is entitled to delete the user account

• 5 prizes

25. The price agreed upon conclusion of the contract applies.
26. All ancillary costs usually incurred in connection with the agreed service (e.g. road and parking fees, accommodation costs for the driver(s)) are included in the price, unless something different has been agreed.
27. Additional costs incurred due to changes in service requested by the customer will be charged additionally.
28. The assertion of costs incurred by the provider due to damage or contamination remains unaffected.
29. In case of late payment is taxi
30. Unless otherwise stated, all prices are in EURO and include sales tax at the statutory rate

• 6 payment

Upon conclusion of the contract, the customer is obliged to pay the prices agreed for these services to the provider.

Prepaid with PayPal: The invoice amount is paid via the online provider PayPal.

Prepaid with Credit card: The provider accepts Visa, MasterCard and American Express.

Payment with credit card: Credit card payment is made by the driver authorized to collect the fare.

• 7 Services and contractual obligations

31. The scope and content of the services can be found in the respective booking confirmation and service description as well as the contract.
32. seventhLi2
33. Taxi & Mietwagenunternehmen Serhat Ata reserves the right to change the advertised and confirmed with the conclusion of the contract prices to the extent that third party prices for booked services change without the fault of the provider. This applies in particular to transport prices due to increased fuel costs, port charges or changes in exchange rates. Price increases are only permissible if they were not foreseeable at the time the contract was concluded. The reasons for price increases are to be proven in detail by the provider.

• eigtht

34. The customer can withdraw from the contract of carriage before the start of the carriage.

The provider is entitled to generalize and assert the claim for compensation as follows:

The cancellation of the booked trips if there is more than one hour between the cancellation and the driver's departure time at the booked travel date is free of charge.

Excluded are long-term bookings, organized transfers with additional expenses and long-distance routes of 100 kilometers or more.

The resignation is to be sent to:

Taxi & Mietwagenunternehmen Serhat Ata, Aschauerstraße 21, 81549 München, info@mychauffeurservice.de

36. Cancellation after departure
37. a) Changes to the agreed services after the start of the journey that are significant or unreasonable for the provider entitle the provider to terminate the contract of carriage without notice.
38. b) Further claims of the customer are excluded if the necessary change in the contractual service is not the responsibility of the provider.
39. c) If the customer terminates the contract, the provider is entitled to reasonable compensation for the transport already provided and that still to be provided

• 9 Withdrawal or Termination by Taxi
• The Taxi & Mietwagenunternehmen Serhat Ata may withdraw from or terminate the contract before the start of transportation if extraordinary circumstances, for which the provider is not responsible, make it impossible to provide the service. In this case, the customer can only demand compensation for the expenses incurred in direct connection with the vehicle order, which must be proven and necessary.

40. The provider can terminate the contract after the start of the journey if the provision of the service is hampered either by force majeure or by aggravation, danger or impairment of a significant nature due to unforeseeable circumstances such as e.g.
41. If the provider terminates the contract, he is entitled to reasonable remuneration for the services already rendered and those still to be rendered under the contract, provided the latter are still of interest to the customer.
42. If the execution of the order is made considerably more difficult, endangered, impaired or completely impossible as a result of force majeure, an alternative date can be set.

• 10 Risk Notice and Disclaimer

43. Claims for damages by the customer are excluded unless otherwise stated for the following reasons.
44. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective.
45. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage according to the type of service.
46. The provider is not liable to companies for slightly negligent breaches of insignificant contractual obligations.
47. Taxi & Mietwagenunternehmen Serhat Ata is liable for the negligence of its employees and the persons it uses to fulfill its obligations to the extent resulting from these General Terms and Conditions.
48. Taxi & Mietwagenunternehmen Serhat Ata is not liable for damages caused by force majeure, riots, acts of war and nature or other incidents beyond its control (e.g. strike, lockout, traffic disruption, orders of high authorities at home or abroad) or due to technical failures (such as the EDP system) that are not culpably caused. Force majeure shall also include computer viruses or intentional attacks on EDP systems by "hackers", provided that appropriate protective measures have been taken against this in each case.

• 11 Liability and Limitation of Liability

49. The limitations of liability apply to expenses incurred by the customer that have become useless as a result of the cancellation of the transport.
50. Statements and explanations about the services of Taxi
51. The liability of the provider for contractual claims is limited to the fare if
52. a) the claim for injury to life, limb or health of the customer or the persons being transported, which is not based on an intentional or negligent breach of duty by the provider himself or a legal representative or vicarious agent of the provider,
53. b) the claim for other damages is not based on a grossly negligent breach of duty by the provider himself or a legal representative or vicarious agent of the provider.
54. 23 PBefG remains unaffected.
55. The provider is not liable for service providers in connection with services that were only mediated as third-party services (e.g. museum visits, exhibitions, etc.) and that were expressly marked as third-party services in the order confirmation.

• 12 luggage and other things

56. Baggage in the normal amount and - by prior arrangement other items - are transported with befö
57. Explosive, highly flammable, radioactive, foul-smelling or corrosive substances, as well as unpackaged or unprotected items that could injure persons to be transported, are excluded from carriage.
58. The customer is liable for damage of any kind caused by objects carried by the customer or the persons to be transported if the damage that occurred is due to circumstances for which he or the persons to be transported are responsible.

• 13 Behavior and liability of customers and passengers

59. The customer is responsible for the behavior of his passengers during the transport. The instructions of the provider's staff must be followed.
60. According to 21 StVO, mandatory seat belts must be worn while driving.
61. Passengers who, despite warnings or justified instructions from the staff/provider, do not comply can be excluded from carriage if disregarding instructions poses a risk to the safety or order of the company or to the passengers, or if further carriage for the passenger arises for other reasons
62. Complaints should first be addressed to the provider's staff, and if they cannot remedy the situation with reasonable effort, to the provider directly.

• 14 waiting time

63. Airport pickup (airport transfer)

Any change to the agreed pick-up time, for whatever reason, must be communicated to the provider immediately.

64. The waiting time fee is:

15.00 euros per 15 minutes.

• 15 website

65. The information and offers on the website of www.mychauffeurservice.de are aimed at both customers and non-customers with permanent residence in Germany and Austria.
66. As far as Taxi & Mietwagenunternehmen Serhat Ata provides news, market data as well as other general information on its internet pages, these are only for information and support of the customer and non-customer. The above information does not constitute specific recommendations and does not establish an individual consulting or information relationship. It does not constitute legal, tax or other advice and cannot replace such advice.
67. Taxi & Mietwagenunternehmen Serhat Ata assumes no liability for the content of external links. The operators of the linked pages are solely responsible for their content. Any liability of Taxi & Mietwagenunternehmen Serhat Ata for the content of such websites is excluded to the extent permitted by law.

• 16 Urheberrecht

68. Taxi & Mietwagenunternehmen Serhat Ata is the owner of all industrial property rights, in particular trademark, copyright and ancillary copyright, to its websites, to the documents sent under the contract and to the working documents issued in the mentoring sessions. These works including all its parts are protected by copyright. Any use outside the limits of copyright law without the express prior consent of Taxi & Mietwagenunternehmen Serhat Ata is prohibited and punishable. This applies in particular to duplications, translations and the input into any electronic media as well as the associated presentation to third parties.
69. Linking to one of the websites of www.mychauffeurservice.de requires express written consent.
70. No element of the website grants any license or usage rights to images, registered trademarks, logos or other rights.

• 17 cookies

71. Taxi & Mietwagenunternehmen Serhat Ata partly uses so-called cookies to enable the customer to access the site more individually and faster The customer can set his browser to inform him about the placement of cookies or to suppress the use of cookies.
72. Taxi & Mietwagenunternehmen Serhat Ata points out that the activities of users of this website are registered and analyzed for security, marketing and system monitoring purposes, among others.

• 18 Language, Place of Jurisdiction, Applicable Law

73. The contract will be drawn up in German.
74. The place of payment is the registered office Taxi & Mietwagenunternehmen Serhat Ata

• 19 Privacy Policy

75. In connection with the initiation, conclusion, processing and reversal of a contract based on these General Terms and Conditions, the provider collects, stores and processes data from the customer.
76. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his prior express consent.
77. Personal data that has been communicated to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled.

Should individual provisions of the contract or these General Terms and Conditions be wholly or partially invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the contract.

München den 30.04.2023