BAVARIOS GMBH GENERAL TERMS AND CONDITIONS (GTC)
1. General
Bavarios GmbH, Theresienhöhe 28, 80339 Munich, offers Europe-wide chauffeur service of high standards. This essentially includes intercity trips, airport transfers, city trips and document transport.
The general terms and conditions formulated here (hereinafter also referred to as General Terms and Conditions) are part of every agreement between a customer of the Bavarios chauffeur service and Bavarios GmbH itself. They also specify the details of the driving services, which give the user a direct claim against the driving service provider Bavarios ( FDL) but also FDL's claims against the customer under special circumstances.
Differing general terms and conditions of the customer are hereby contradicted, even in the case of confirmation letters and unconditional services. Anything else only applies if the management of Bavarios has expressly agreed to this in writing.
2. Contractual relationships and conclusion of contract
2.1. Contractual relationships
Bavarios provides driving services for customers who conclude a transport contract with the FDL. Transport contracts brokered through third-party providers act as independent FDL vis-à-vis Bavarios GmbH. The FDL is therefore also entitled to compensation, which the customer must pay to the FDL directly.
2.2. Conclusion of contract
The customer submits an offer to conclude a transport contract with FDL Bavarios via the Bavarios app or by telephone via the Bavarios GmbH headquarters. The subject of the contract is the provision of the transport requested by the customer.
To confirm the conclusion of the contract, the customer receives a confirmation of receipt with the details of the transport to be arranged (booking confirmation).
3. Contents of the contract of carriage in favor of the customer
The customer can only request the following agreements from Bavarios GmbH as a travel request if they have been contractually concluded with Bavarios GmbH, ie via the Bavarios app or via the telephone switchboard with Bavarios.
3.1. Transfer trips/hourly bookings (including mileage)
The customer can choose between transfer trips and hourly bookings (including the number of km). If the journey actually carried out requires additional effort compared to the originally expressed wish due to an expressed wish by the passenger, this additional expense may result in additional costs for the individual business.
If the FDL is available, changes to the travel arrangements are possible even after the passenger has concluded the contract. The remuneration modalities described in section 4 apply.
3.1.1. For transfer trips, the price stated applies between the start and destination addresses. Additional costs may arise for each stopover on a direct route in accordance with the applicable price structure (see section 4).
3.1.2. Hourly bookings always begin at the booked pickup time.
3.2. Vehicle class/vehicle model and upgrade
The customer can choose from different vehicle classes for his transfer request (upper or middle class as well as large-scale). The vehicles shown on the Internet are only illustrative examples. There is no entitlement to a specific vehicle model for a booked vehicle class.
Depending on availability, FDL can upgrade from the “Business Class” vehicle class to a higher vehicle class (e.g. “Business Van” or “First Class”) at any time at no additional cost to the customer.
3.3.1. Transport security (including luggage, animals)
The price stated in the booking confirmation includes the number of pieces of luggage specified in the booking form. If excess baggage, bulky baggage or the transport of animals (cage) are not stated in the travel request, the compensation will be higher than stated in the booking confirmation (see section 4).
The FDL may refuse to transport luggage and/or animals that have not been agreed upon. This is especially true if the luggage does not fit in the trunk or the animals are not stored in a closed and suitable transport box.
3.3.2. Transportation of children
The customer must indicate the need for child restraint devices when making the trip request by stating the number and age of the children to be transported and the type of restraint device required.
3.3.3. Information on the number of passengers and luggage
The number of passengers and pieces of luggage specified when ordering is binding. Bavarios GmbH can refuse to transport people or luggage if, in its opinion, the space or safety conditions do not allow it, in particular if the permitted number of passengers or the permitted total weight (e.g. luggage) is exceeded without prior notice.
3.3.4. Prevention of transportation
The FDL can refuse transport if there are mandatory requirements (e.g. resulting from applicable laws) in accordance with Section 3.3. were not communicated by the customer in the trip request, or were not communicated accurately or sufficiently.
If transport is not possible for this reason, the FDL, Bavarios GmbH, still retains his/her right to compensation.
3.4. Delays
Exceptional situations, such as air traffic controller strikes, extremely bad weather conditions, etc., cannot be compensated for by the FDL as it bears no responsibility for these circumstances. In these cases, customers have to accept longer waiting times or short-term cancellations.
3.5. Cancellations, rebookings and no-shows.
3.5.1. Cancellations for transfer trips
For transfer trips, cancellation is free of charge if there is more than an hour between cancellation and the agreed pick-up time. If there is an hour or less between the cancellation and the agreed pickup time, the full price must be paid. An effective cancellation can only be made via the Bavarios app or the Bavarios headquarters.
3.5.2. For hourly bookings
For hourly bookings, cancellation is free if there are more than 24 hours between the cancellation and the agreed pick-up time. If there are 24 hours or less between the cancellation and the agreed pickup time, the full price must be paid. In this case, effective cancellation can only be made via the Bavarios app or the Bavarios headquarters.
3.5.3. Rebookings
Rebookings are generally treated like new bookings. The regulations for dealing with cancellations (Section 3.5.1.) apply accordingly to the originally agreed trip.
3.5.4. Trips not started without cancellation, customer delays
If the journey is not started without cancellation, the customer's claim for transport against the FDL, Bavarios GmbH, does not apply, but the FDL's claim to compensation against the customer does not apply.
a) for transfer trips
A trip is deemed not to have started if the customer does not show up at the agreed pickup location within 30 minutes of the agreed pickup time without cancellation. Trips not made must be reimbursed in full, but any waiting time surcharges do not apply.
For airport or train station pickups (exclusively long-distance train stations), a journey is deemed not to have started if the user or passenger does not appear at the agreed pickup location within 60 minutes of the agreed pickup time without cancellation, whereby delays or early departures at the airport or train station will result in a postponement the agreed pick-up time increases by the planned time period between the planned landing time or arrival time and the original pick-up time. Trips not made must be reimbursed in full; any waiting time surcharges do not apply.
The situation is different if the FDL and the customer have agreed by telephone about a later pickup time. Any waiting time surcharges are as described in section 4.3.1. to be paid as described. There is generally no right to change the pick-up time.
b) for hourly bookings
A trip is deemed not to have started if the customer does not appear at the agreed pickup location after the booked hours have expired from the booked pickup time without cancellation. Trips not made must be fully reimbursed.
For airport or train station pickups (exclusively long-distance train stations), a trip is deemed not to have started if the customer does not appear at the agreed pickup location after the booked hours have expired after the agreed pickup time without cancellation, whereby delays or early departures at the airport or train station will result in a postponement agreed pick-up time increases the planned time between the planned landing time or arrival time and the original pick-up time. Trips not made must be fully reimbursed.
The situation is different if the FDL and the passenger have agreed by telephone about a later pick-up time. The hourly booking begins as under 3.1.2. always described at the booked pick-up time. In this respect, any extensions to the hourly booking, as described in section 4.2. described, to be paid. There is generally no right to change the pick-up time.
3.6. Behavior in the limousine
The following behavioral guidelines apply to the customer for the driving services of Bavarios GmbH:
During the entire journey, all passengers are subject to the applicable road traffic regulations, in particular the requirement to wear seat belts. The orders of the FDL must always be followed. The FDL is responsible for ensuring that the journey is carried out safely. Passengers are therefore particularly prohibited from opening the doors while driving, throwing objects out of the vehicle and/or allowing body parts to protrude or shouting from the vehicle. If the user wishes to operate devices or systems in the respective vehicle themselves, prior instruction from the FDL is required.
Smoking is prohibited in the passenger compartment of the vehicles. If the customer or passenger ignores this, the customer must bear the costs of cleaning the vehicle and the resulting loss of use.
The consumption of food is not permitted. Alcoholic drinks may only be brought and consumed on board by prior arrangement.
4. Compensation and Payment
4.1. Basics
All compensation claims are stated in the booking confirmation.
The main calculation factors for the amount are: the selected vehicle class, the route, the pre-booking time and the pick-up time and, if applicable, location.
Additional requests, such as multilingual chauffeurs, stopovers, bulky luggage, child seats, etc. can increase the price.
4.2. Trip changes
The customer can change the travel modalities after conclusion of the transport contract and also after the journey has started - as far as this is possible for the FDL.
After the trip is spontaneously extended at the request of the customer or passenger (distance or number of hours), the actual service (total distance or number of hours) will be adjusted and calculated in accordance with the applicable price structure after the trip has been completed. For hourly bookings, the half hour started is decisive for the invoicing, ie from the first additional minute, the amount is rounded up to half an hour in order to improve planning security. The remuneration claim from the customer increases accordingly.
If the booked distance or number of hours is shortened compared to the booking, the agreed remuneration remains unaffected.
4.3. Other surcharges
4.3.1. For waiting times during transfer journeys
For transfer journeys, waiting times for airport or train station pick-ups (exclusively long-distance train stations) are up to 60 minutes after the agreed pick-up time, whereby delays or early arrivals at the airport or train station result in a postponement of the agreed pick-up time by the planned period of time between the planned landing time or arrival time and the original pickup time, or up to 15 minutes from the agreed pickup time in all other cases, no surcharges apply. Each additional minute of waiting time will be invoiced as a flat rate as a proportion of the hourly booking prices applicable in the respective city area and for the respective vehicle class, plus the applicable sales tax.
4.3.2. For additional kilometers for hourly bookings
Hourly bookings contain the inclusive kilometers (per hour) stated in the booking form (or by telephone). Any additional kilometers beyond this must be paid for additionally and are based on the route prices for the booked vehicle class in the respective city area and will be invoiced plus the applicable VAT.
4.4. Payment methods and transaction fees
The customer can pay for his trip by credit card. Bavarios bears any credit card fees incurred. The customer is responsible for any transaction fees when paying by bank transfer (e.g. due to different currencies or different local accounts).
4.5. Reminders, missing credit card charges
Bavarios can charge a reasonable reminder fee for each reminder.
For credit card debits that cannot be redeemed, Bavarios will pass on the costs incurred by the customer (bank, credit card company) and reserves the right to charge an appropriate processing fee per incident.
4.6. Transmission of invoices, due dates
Bavarios places the respective invoice for the customer electronically via web download into the user account. If you pay by credit card, the payment is due immediately. If you pay by bank transfer, the payment term stated in the invoice applies.
5. Liability
5.1. Principles
Bavarios is liable for damage caused by Bavarios or its vicarious agents and vicarious agents through intent or gross negligence.
For damage caused by simple negligence, Bavarios is only liable if an essential contractual obligation is breached and only for foreseeable and typical damage. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
Limitations of liability do not apply within the scope of guarantees given, in cases of injury to life, body and health or for claims arising from the Product Liability Act.
5.2. Third party websites
Bavarios assumes no liability for the content, accuracy, legality and functionality of third-party websites that refer to the Bavarios website via a link or to partner sites/third parties to which the Bavarios homepage refers via a link. Page views via links are generally at your own risk.
5.3. Accuracy of transmitted information, disruptions in access
Bavarios assumes no responsibility for ensuring that the information provided is correct and complete and that it reaches the customer or chauffeur on time. This excludes the contents of the booking confirmation.
Bavarios is not liable for disruptions in the quality of access to the communication channels used by Bavarios due to force majeure or events for which Bavarios is not responsible, in particular the failure of communication networks. Bavarios does not guarantee that the Bavarios app will function uninterrupted or error-free and that any errors will be corrected.
6. Final provisions
6.1. Entirety, written form
These General Terms and Conditions are the basic agreements between Bavarios and the customer for the subject of the service. There are no additional agreements. Changes and additions to these agreements must be made in writing to be effective (usually after verbal prior agreement). Electrical form or text form is not sufficient. The same applies to a change or addition to this written form requirement.
6.2. Subject to change
Bavarios GmbH is entitled to change the general terms and conditions. Notification of the change is made by means of a unilateral declaration, by providing the General Terms and Conditions on the Bavarios homepage and informing customers about this. If the customer does not object to the new General Terms and Conditions within 14 days of the opportunity to take note of the information, the new General Terms and Conditions will be effective against him. Further use of the services of Bavarios GmbH depends on the customer's acceptance of the General Terms and Conditions.
6.3. Offsetting, retention and assignment
The customer can only set off against Bavarios' claims and assert retention rights if his counterclaims or counterclaims have been legally established or are undisputed. This also applies to customer complaints about defects.
Rights of retention from claims according to this section 6.3. The user can only assert this if they are based on the same contractual relationship.
The customer is not entitled to assign claims from the contractual relationship to third parties without the express written consent of Bavarios.
6.4. Applicable law, place of jurisdiction
The law of the Federal Republic of Germany applicable to domestic transactions applies to all legal relationships between Bavarios and the customer.
Place of performance is Munich.
The exclusive place of jurisdiction is Munich if the customer is a merchant within the meaning of the Commercial Code, or is a private customer or does not have a permanent residence in Germany when the lawsuit is filed. Legally mandatory jurisdictions remain unaffected.
6.5. Severability clause
If individual provisions of these General Terms and Conditions are or become ineffective, unenforceable or contain gaps, the remaining provisions remain in effect. The parties undertake to replace the invalid, unenforceable or missing provisions with provisions that come closest to the meaning and economic purpose as well as the will of the parties.
As of: Munich, January 2024.
