General Terms and Conditions of M.S.C. Munich ServiceCompany Chauffeur & Concierge GmbH
§ 1 Scope of Application
The following General Terms and Conditions are exclusively applicable to all current and future legal relationships between Munich Service Company Chauffeur & Concierge GmbH (hereinafter referred to as „MSC“) and its clients. If these General Terms and Conditions are inconsistent with provisions of the client or other third parties, these General Terms and Conditions shall prevail even if MSC was aware of and did not oppose the conflicting/deviating General Terms and Conditions of the client/third parties and if MSC performs the services unreserved.
§ 2 Conclusion of the Agreement
An agreement is deemed to be concluded by the written confirmation of the order. MSC will immediately confirm the order, as a rule, however within 24 hours at the latest. An agreement will also be deemed to have been concluded when MSC actually renders the services which have been ordered. The provisions in the above mentioned sentences shall also apply to supplements and changes of the order which has been placed.
§ 3 Services of MSC
MSC undertakes to provide the customer with a vehicle in accordance with the provisions of the Straßenverkehrsgesetz (StVG [German Traffic Law]), Straßenverkehrsordnung (StVO [German Traffic Regulations]) bzw. Straßenverkehrszulassungsordnung (StVZO [German Traffic Registration Regulations]) which is roadworthy and in a perfect technical condition. The vehicle will always be freshly cleaned at the start of the journey. The vehicle will be insured in accordance with the Allgemeine Bedingungen für die Kraftfahrtversicherung (AKB – [German General Conditions for Vehicle Insurances]) which are applicable from time to time: coverage in case of property and financial damages 50 Mio. Euro; in case of bodily injury, the insurance assumes a liability of up to € 10 million per person who has suffered damages. MSC may provide the client with a different vehicle type than the one he has rented. However this vehicle must be of the same or a higher category (upgrade). All offers of MSC are exclusively applicable to drives with driver. All chauffeurs hired by MSC hold a valid passenger transport license according to the Personenbeförderungsgesetz (PbefG [German Passenger Transport Law]) in connection with the Regulation on the Execution of the Passenger Transport Law. MSC reserves the right to transfer all rights and obligations resulting from the agreement to another company/another entrepreneur. The client will be informed about such a transfer of the agreement. The client is entitled to rescind from the agreement within 3 days after having received the information on the transfer of the agreement.
§ 4 Obligations/Liability of the Client
The client is obliged to use the vehicle with great care and to comply with all provisions which are decisive for the use as well as with all technical regulations. The vehicle-specific instructions given by the driver shall be abided by. If the client does not use the vehicle in accordance with the agreement, the agreement may be terminated without notice and without any separate information. MSC reserves the right of compensation in case of the above mentioned immediate termination of the agreement for the entire duration which has been agreed upon. In addition, MSC may claim for damages which resulted from the non-conforming handling of the provided vehicle. The client is reserved the right to proof that the actual damage which has been caused is lower than the one specified. If the service of MSC cannot be rendered for reasons which fall under the responsibility of client, e.g., if the client does not comply with his contractual obligation to cooperate, the client is obliged to pay the agreed compensation.
§ 5 Payment Conditions
Payments are usually made after the issue of an invoice which is sent to the client’s invoice address which has been stated before the conclusion of the agreement. Payments shall be made within 14 days after receipt of the invoice, the date on which MSC receives the money is decisive. Cash payment in advance or at the vehicle are not possible, an invoice will be sent by mail or e-mail to the client upon request. All common credit cards are accepted (American Express, Master Card and Visa). The payment using a personal credit card can be made directly after the end of the order in the vehicle. In case of presentation of credit card data of third parties, an authorisation of the credit card holder concerning the expected invoice amount, a copy of the card (by fax, if appropriate) and a copy of the DNI of the card holder will be required. The same shall apply if the credit card cannot be presented for any reason, i.e. if the person does not have it on hand.
§ 6 Cancellation Conditions
Unless otherwise agreed, a unique expense allowance of € 100.- plus applicable VAT will become payable if the client cancels the agreement up to 48 hours before the start of the order. If the client cancels within 24 hours to the actual start of the order, a cancellation fee of 40 % and within 12 hours 80% of the expected invoice amount will become payable. Notwithstanding the cancellation fees specified in the both above mentioned sentences, MSC reserves the right to request the reimbursement of a higher damage/of higher expenses from the client which may have arisen. In case of no show of the client at the agreed place or in case of cancellations which are made directly on site, 100 % of the expected invoice amount will become payable. The charging of the expected order costs will always be made in favour of the client and may be limited to an expense allowance of an adequate amount depending on the type and scope of the order. The client may proof that the expenses which have arisen or the damage which has actually been caused is lower than the one specified herein.
§ 7 Liability of MSC
The liability of MSC for the breach of obligations and for offences is limited to cases of intent and gross negligence and, in case of clients who conclude an agreement with MSC as entrepreneur (= natural/legal person or joint partnerships with legal capacity which execute their commercial or self-employed profession upon conclusion of the legal transaction), the liability is limited to the replacement of the damages which arise typically. This shall not apply in case of injury of life, body and health of the client as well as in case of claims due to the breach of cardinal obligations and the replacement of damages caused by default (§ 286 BGB [German Civil Code]). Insofar, MSC shall be liable for every degree of the breach. The liability in case of breach of cardinal obligations will be limited to damages which are regularly foreseeable. In case of clients which conclude an agreement as entrepreneur, the liability which does not result from the injury of life, body and health of the client is limited to the damage which will typically be caused. Property damages which are caused to clients due to the culpable behaviour of MSC will only be replaced if they do not exceed € 1,000.00 or which were caused by gross negligence or intent. The liability irrespective of the fault in accordance with the „Straßenverkehrsgesetz“ (StVG) will remain unaffected by the provisions in § 7. Promises on dates are always expected times even if they are made in writing. MSC does not assume any liability for the provision of vehicles which is not on schedule and which is caused by adverse external effects. Any resulting claims for damages made by the client shall be excluded in every case.
§ 8 Notice of Defects
The client must notify MSC of any complaints or defects of the transport services within three working days after the client has become aware of them. If no notification has been received, the service is deemed to have been duly rendered and the claim for fees of MSC to the person who rented the vehicle remains unaffected. If, as an exception, the client cannot be reasonably expected to fulfil the notification period, he shall notify the defect as soon as possible. The client shall proof the unreasonableness to comply with the notification period.
§ 9 Place of Jurisdiction, Applicable Law, Written-Form Clause, Translation of GTC
If the client does not have a general place of jurisdiction in Germany or in any other EU member state, the seat of MSC shall be the exclusive place of jurisdiction for any and all disputes arising from this agreement. If the client is a merchant, a legal person of the public law or a public legal special asset, the place of jurisdiction shall be the court which is competent for the seat of MSC and MSC shall be entitled to sue the client at his general place of jurisdiction. The law of the Federal Republic of Germany shall apply to this agreement. Any oral commitments made by MSC, its representatives or other agents shall be confirmed in writing by MSC, to be effective. These General Terms and Conditions will also be available as a translation into English due to the international business relations of MSC. In case of deviations between the contents of the English translation and the German original, the German original shall prevail.