§ 1 Scope
These terms of business contain the conditions which apply exclusively, between yourselves and us, ROCVIN Dienste GmbH, Stresemannstr. 74, 10963 Berlin, Amtsgericht (District Court) Berlin-Charlottenburg HRB 106778, represented by Mr. Torsten Diehl (site notice), provided that these have not been amended by means of written agreements between the parties.
You will be notified in writing, by telefax or by email, of any alterations to these terms of business. If you do not object to them within four weeks following receipt of the notification it will be assumed that you have accepted these changes. If changes are made to the terms of business you will be notified separately about your right to object and the legal consequences of not responding.
§ 2 Registration as user
You can only use our services for brokering orders and reservations for limousines for the carriage of persons by registering in advance. No charge is made for registering with our system for brokering orders and reservations. No rights to be granted use of our transport services exist. Participation is restricted solely to persons of unrestricted legal capacity. We may insist that you send us a copy of your personal identification document.
Apart from stating your acceptance of the validity of these General Terms of Business, your registration does not involve any other obligations. Simply registering with us does not imply any other obligation with regard to the services that we offer.
You bear sole responsibility for updating your personal details.
For each individual journey and prior to its commencement our drivers may require submission of proof of the customer’s identity and authority, in the form of a German personal identity document or other identity document.
§ 3 Data protection
All the personal data supplied by you (title, name, address, date of birth, email address, telephone number, telefax number, bank details, credit card number) will be used strictly in accordance with the conditions of the German Data Protection Law.
Your personal data, where it is required as the basis for the contractual relationship (inventory data), or for the drafting of or changes to this relationship, will be used solely in the execution of the agreements, for example for the performance of services at the address as stated by you.
Your personal data that is required in order to take advantage of our offers, and for accounting purposes (usage data), is also initially used solely in the execution of the purchase agreements between ourselves. In particular such usage data consists of your identification as user, details about commencement and completion, about the extent of the particular use, and details about your use of telemedia services. We will also employ such usage data for the purposes of advertising and market research, and for the demand-based structuring of our telemedia in order to prepare user profiles, but with pseudonyms. Under “My Account” you are entitled to and may object to this use of the usage data. Under no circumstances will usage profiles be combined with the corresponding data.
If you require more information or wish to access or withdraw the express approval for the use of your inventory data, or to object to the use of your usage data, you may contact our support services at the email address firstname.lastname@example.org.
§ 4 Conclusion of the contract and its scope
The presentation of our services does not represent a binding offer on our part. The price agreed between yourself and us forms the basis for the services to be provided by us. The services to be provided by us are contained in the specifications that form part of the agreement concluded between you and ourselves. Only your order for services constitutes a binding offer in accordance with § 145 BGB. If this offer is accepted we will send you confirmation of the order by email, SMS or similar media communication devices.
The scope of our services includes the acceptance of orders and reservations as well as the execution of orders for limousines.
In providing the transport services as ordered by you a contract of carriage between yourselves and us also takes effect.
We are a concessionary car rental company that regularly uses mid-sized executive limousines (e.g. Mercedes E Class, Audi A 6 or BMW 5 Series or similar) or top-of-the-range models (Mercedes S Class, Audi A 8 or BMW 7 Series or similar) for passenger transportation. Insofar as we are able to execute your order, we shall send you confirmation of acceptance or the reservation as ordered.
If excess demand makes it impossible for us to confirm your order or reservation of a limousine for personal transportation, as an alternative we shall offer to make contact with a local taxi office or local taxi company. This service will be provided free of charge. If in such cases you arrange for carriage by a taxi company appointed by yourselves, the contract of carriage and billing of the same shall be carried out by said taxi company in accordance with the legal and contractual conditions applying to such carriage.
§ 5 Terms of payment
The costs of carriage and of any additional services shall be calculated in accordance with the remuneration agreed between yourselves and us at the time the order or reservation is placed. The current price list will be given out on demand at any times. Payment for the services shall take place as per the agreement.
The remuneration for carriage shall be in accordance with the price agreed between yourselves and us. If the route as stated by you in your order differs from the actual route which you require the driver to take, and/or the waiting and stoppage times as instructed by you differ from those stated by you when placing the order, such costs will be invoiced separately. In such cases the limousine driver may require from you a written confirmation of the deviation from the order and the costs thereby incurred.
If costs are incurred, as shown in the schedule of prices, for a limousine that has been ordered or reserved but not used, such costs will also be invoiced.
§ 6 Limitation of liability
We shall accept liability for willful intent and gross negligence. Furthermore we shall accept liability for negligent breach of duty, the performance of which would be essential for the correct execution of the agreement, whose infringement jeopardizes the purpose of the agreement, and the adherence to which you, as a customer, consistently rely upon. In the latter case, however, we are only liable for foreseeable damage that is typical for the contract. We do not accept liability for minor instances of negligent failure to meet obligations other than those in the foregoing text. In the event of contractual infringements and/or other actions by transport companies appointed by us and/or their agents, we only accept liability if we are culpable in our choice of transport company. The above exclusions from liability do not apply in cases of fatal or physical injury or impairment to health. Liability in accordance with the product liability law is unaffected.
We draw particular attention to the need to allow sufficient waiting time for connections (e.g. railway journeys, flights etc.) when placing advance orders and reservations for limousine journeys, because prevailing and unpredicted weather and/or traffic conditions can result in considerable delays on the roads.
Given the current state of technological development, there is no guarantee that data communication via the internet will be fault-free and/or available at all times. In this respect we accept no liability for the continuous or uninterrupted availability of our online services. We are not liable for any delays caused by traffic density, traffic jams, bad (-weather) conditions, accidents or force majeure.
§ 7 Concluding provisions
Any alterations or additions to these terms of business must be in writing. This also applies to the cancellation of this requirement for the use of the written form.
The laws of the Federal Republic of Germany shall apply. Mandatory regulations imposed by the country in which you are customarily resident shall not be affected.
If you do not have a domestic place of general jurisdiction or if you transfer your domicile abroad after the contract has been signed, or if your domicile is not known at the time of the commencement of proceedings, the domicile of our company in Berlin shall be the venue for all disputes.
If certain provisions of this agreement are invalid or inconsistent with statutory regulations, this shall not affect the agreement in other respects. By common accord the contracting parties shall replace the invalid provision by one that is legally valid and which comes closest to complying with the economic sense and purpose of the invalid provision. The above arrangement applies accordingly to omissions.
Schedule, consumer information
If you place your order when visiting our homepage we wish to draw your attention to the following:
German shall be the sole language used in the conclusion of this contract.
The main features of the services that we offer and the validity of fixed term offers can be found under the individual product descriptions on our website.
The presentation of our services does not represent a binding offer on our part. Only your order for services constitutes a binding offer in accordance with § 145 BGB. If this offer is accepted we will send you confirmation of the order by email or SMS for example. In this way the contract between yourself and us becomes effective.
During the final confirmation you will have an opportunity to identify any input errors made when submitting your order and, using the delete and alter functions, you can correct them at any time before submitting the order.
The prices quoted by us are the final prices inclusive of taxes applicable within the Federal Republic of Germany.
Payment is by credit card (we use the “SSL” transfer method to encrypt your personal data).
We store the data required in the transaction of the agreement between yourself and us and you may access it at any time. In this respect we draw your attention to the data protection arrangements in our General Terms of Business.
We are not subject to any special codes of practice that have not been previously mentioned.
In all other respects we refer you to our General Terms of Business.