Terms and Conditions
§ 1 Scope, offer and entry into the contract
1.1 The following terms (“Terms”) apply to the legal relationship between BDRIVEN GmbH (“BDRIVEN”) and the Customer if and to the extent that services are carried out by BDRIVEN. Where the Terms contradict the Customer’s terms or those of a third party with which BDRIVEN is entering into a commercial relationship, these Terms shall take precedence even where BDRIVEN, aware of the contradictory/different terms, does not expressly exclude them or carries out the services without reservation.
1.2 Offers by BDRIVEN are subject to confirmation unless otherwise agreed.
1.3 Unless otherwise agreed, the contract arises when the order is confirmed in writing or electronically or upon the actual performance of the services by BDRIVEN. The Customer may place its order in writing, electronically or orally. The previous sentences also apply to additions or variations to the contract.
§ 2 Performance
2.1 The scope of the contractual services depends on the information contained in the order confirmation. This is without prejudice to Clauses 1.2 and Clause 3.
2.2 The performance includes - within the framework set by the order confirmation - the provision of a vehicle of the kind agreed, with driver, and the actual transportation of the passengers.
2.3 The agreed services do not include:
a) the fulfilment of the purpose of the journey,
b) supervising the passengers, in particular children, adolescents and persons requiring assistance,
c) supervising items that the Customer or one of its passengers leaves in the vehicle,
d) supervising luggage when the vehicle is being loaded or unloaded,
e) the information on all regulations relevant to all passengers to the extent this is, in particular, included in foreign currency, passport, visa, customs and health regulations and compliance with the obligations arising from the regulations.
This does not apply if something else has been agreed to.
§ 3 Service Alterations
3.1 Service alterations by BDRIVEN that are necessary after the contract has taken effect are permitted if the circumstances leading to the service alteration have not been caused by BDRIVEN in bad faith and to the extent the alterations are not substantial and are reasonable for the Customer. BDRIVEN must notify the Customer of alterations immediately it becomes aware of the grounds for the alteration.
3.2 Service alterations by the Customer are possible with the consent of BDRIVEN. Unless otherwise agreed, they must be in writing or in electronic form.
§ 4 Prices and Payment
4.1 The prices in the BDRIVEN price list in effect on the date the contract was entered into apply unless otherwise agreed.
4.2 Incidental costs such as tolls and parking charges, fuel and overnight costs for the driver are included in the price unless otherwise agreed.
4.3 Additional costs arising due to service alterations requested by the Customer will be added to the invoice.
4.4 This is without prejudice to claims for costs arising from damage to the vehicle or cleaning costs.
4.5 BDRIVEN’s invoices are due in full upon receipt.
4.6 Prepayments or cash payments in the car are also permitted. Payment is not deemed to have been made until BDRIVEN has access to the requested amount stated in the invoice. Where the Customer is in arrears then BDRIVEN is entitled, upon the expiry of the 14-day payment period, to charge interest on the outstanding amount at the rate applied by commercial banks for outstanding overdrafts. Where the Customer does not meet its payment obligations, or if we become aware of circumstances that call its creditworthiness into question, BDRIVEN is entitled to declare the whole of the balance owed as immediately due and payable and to request prepayments or the provision of security. Furthermore, where the Customer is in arrears BDRIVER is entitled to rescind all contracts.
§ 5 Rescission and termination by the Customer
5.1 The Customer may rescind the contract prior to commencement of the journey. Where it takes advantage of this opportunity, BDRIVEN is then entitled to reasonable compensation in place of the entitlement to the agreed price unless the cause of the rescission was due to circumstances for which BDRIVEN was responsible. The amount of damages is determined on the basis of the agreed price minus the expenditure saved by BDRIVEN and any revenues earned through other uses of the vehicle. Unless otherwise agreed, BDRIVEN may calculate claims for compensation as generalised amounts as follows:
In case of a rescission:
a) up to 30 days prior to the planned commencement of the journey 15% of the price,
b) from 29 to 11 days prior to the planned commencement of the journey 30% of the price,
c) from 10 days prior to the planned commencement of the journey 70% of the price,
d) from 24 hours prior to the planned commencement of the journey 100% of the price;
unless the Customer demonstrates that no loss has been suffered by BDRIVEN or that any loss is significantly lower than the generalised amounts. The claim for compensation is forfeited if the rescission is attributable to performance alterations by BDRIVEN which are substantial and unreasonable for the Customer. This is without prejudice to the Customer’s further rights.
5.2 Notice of Termination
a) Where alterations to the agreed services are necessary after the journey has commenced which are substantial and not reasonable for the Customer then, without prejudice to any further claims, it is entitled to terminate the contract. In these cases BDRIVEN is obliged, at the Customer’s request, to provide return transport for the passengers, in which case entitlement to return transport only exists in respect of the means of transport agreed in the contract. Where, in case of termination on grounds of force majeure, additional costs arise in relation to the return transport these are for the Customer’s account.
b) Further claims by the Customer are excluded provided the service alterations that become necessary are not attributable to circumstances for which BDRIVEN is responsible.
c) Where the Customer terminates the contract, BDRIVEN is entitled to reasonable remuneration for the services already performed and the services still to be performed under the contract to the extent the latter are still of interest to the Customer despite termination.
§ 6 Rescission and termination by BDRIVEN
6.1 Rescission BDRIVEN may rescind the Contract prior to commencement of the journey if extraordinary circumstances outside BDRIVEN’s control render it impossible to perform the services. In this case the Customer may only claim reimbursement of such necessary expenses incurred by it as are directly related to the order.
a) BDRIVEN may terminate after commencement of the journey if, either through force majeure or through an impediment, threat or interference of a substantial nature or by the Customer, the performance of the service is substantially impeded, jeopardised or interfered with through unforeseeable circumstances such as e.g. war or processes similar to war, hostilities, insurgency or civil war, attachment, seizure or restraint by state authorities or other persons, road blockades, quarantine measures as well as strikes, lock-outs or stoppages that are not within BDRIVEN ‘s control. In case of termination on grounds of force majeure or on grounds of an impediment, threat or interference of a substantial nature, BDRIVEN is obliged, at the Customer’s request, to provide return transport for it and its passengers, in which case entitlement to return transport only exists in respect of the means of transport agreed in the contract. Where, in case of termination on grounds of force majeure, additional costs arise for the return transport these are for the Customer’s account.
b) Where BDRIVEN terminates the contract, it is entitled to reasonable remuneration for the services already performed and the services still to be performed under the contract to the extent the latter are still of interest to the Customer despite termination.
§ 7 Luggage and other items
7.1 A normal amount of luggage and other items (by arrangement) will also be transported.
7.2 The Customer is liable for damage caused by it or its passengers’ items also being transported where this results from circumstances within its or its passengers’ control.
§ 8 Liability
8.1 BDRIVEN is liable within the framework of Section 23 of the Personenbeförderungsgesetz [Passenger Transportation Act] for culpable damage to property up to an amount of EUR 1000 per passenger, unless there is intent or gross negligence. Further compensation claims in contract or tort on whatever legal basis, in particular for loss of profits and consequential damages, are excluded unless they are legally mandatory e.g. in case of intent or gross negligence or where material contractual obligations (known in German as “cardinal obligations”) have been breached. Except in cases of intent and gross negligence, liability for breach of material contractual obligations is, however, limited to foreseeable loss or damage typically occurring.
8.2 The regulation under Clause 8 Para 1 does not apply in case of loss of life, personal injury or damage to the health of the Customer or one of its passengers. In this case the statutory regulations apply.
8.3 BDRIVEN is not liable for loss or damage where this is caused solely by the culpable behaviour of the Customer or of one its passengers.
8.4 Confirmations of appointments are only provisional indications even where made in writing. In no case is BDRIVEN liable for missed appointments and the commercial consequences of the same provided they are not caused by BDRIVEN such as, for example, late arrivals/delays due to: traffic jams, road blocks, breakdowns, traffic accidents or bad weather.
8.5 For customers who are traders the limitation period for defect claims is one year.
§9 Indemnity by the Customer
9.1 The Customer indemnifies BDRIVEN and all those persons deployed by it in processing the contract from all claims resulting from one of the scenarios described in Clause 2 Para 3 letters a - e;
9.2 The Customer indemnifies BDRIVEN and all those persons deployed by it in processing the contract from liability claims for damage to the property of passengers who are not the Customer provided BDRIVEN is not liable to the Customer under Clause 8.1.
§ 10 Behaviour of the Customer and of the passengers
10.1 The Customer is responsible for the behaviour of its passengers while they are being transported. The driver’s instructions must be followed.
10.2 Passengers who, despite warning, do not comply with the driver’s reasonable instructions may be requested to leave the vehicle if a danger arises to the safety or proper order of the service or to the other passengers due to non-compliance with instructions or for other reasons it is not reasonable for BDRIVEN to continue to transport that passenger. In this case the Customer has no rights of recourse against BDRIVEN; in such cases BDRIVEN may request the full price.
10.3 Complaints must be initially addressed to the personnel in the vehicle and, where the latter are unable to provide a remedy at reasonable cost, to BDRIVEN.
10.4 The Customer is obliged to cooperate as far as is reasonable with the removal of disruption to the service in order to avoid or minimise potential loss or damage.
§ 11 Jurisdication and place of performance
11.1 Place of performance
In relation to traders, legal entities governed by public law and special funds under public law, the sole place of performance is Hamburg.
a) Where the Customer is a trader, a legal entity governed by public law or a special fund under public law, the courts of Hamburg shall have jurisdiction.
b) Where the Customer has no general place of jurisdiction in Germany or where, after the contract arises, it moves its domicile or habitual place of residence outside the area of the Federal Republic of Germany, or its domicile or habitual place of residence is not known at the time the claim is brought, the same courts shall have jurisdiction as is the case for BDRIVEN.
11.3 The contractual relationship is bound by the laws of the Federal Republic of Germany.