1. General
These Terms and Conditions (hereinafter referred to as “terms”) are part of every agreement concerning the User and the arrangement of transportation services provided by ProLimo Thomas Förster, Darwinstr. 1, 10589 Berlin (hereinafter referred to as “ProLimo”)
Deviations from the user terms, even in the case of letters of confirmation and unconditional services, are hereby rejected. Anything outside of these terms shall only apply if it has been expressly agreed to in writing by the management of ProLimo.
2. Conclusion of Contract
The User enters a contract for a transportation service by transmitting the order data.
Once ProLimo sends the User a booking confirmation with details pertaining to the transportation service per email, the contract of carriage between ProLimo and the User takes effect.
3. Selected topics of the contract of carriage for the benefit of the User
The details concerning the desired journey (collectively “travel arrangement”) as outlined in Paragraph 3 can only be demanded if they are agreed upon as part of the contract of carriage with ProLimo.
3.1 City Tours / Transfer Rides / Hourly Bookings, Changes to Service
The User can choose between transfer rides and hourly bookings for their ride request. If, according to the express wishes of the User, or passenger, the actual ride request requires additional effort compared to the original ride request, ProLimo shall accommodate the changes where possible. The extra effort may result in additional costs for the specific travel arrangement (for more details see Paragraph 4 below).
The User can choose among city tours, hourly bookings and transfers when booking a journey. Some journeys prove to be more time intensive compared to the original booking because of a special request by the User or passenger. ProLimo shall try to accommodate special requests during a ride if possible. The additional time expenditure, however, may result in additional costs for the trip; compare to details under Paragraph 4 below.
Changes in travel arrangements are subject to the availability of capacities by ProLimo and can be made by the User, or the passenger, even after conclusion of the contract in accordance with Paragraph 4 and the effect on compensation described therein.
3.1.1
In the case of transfer services, the price quoted is valid for a start and destination address. An additional fee, according to the current price structure (see Paragraph 4 below), accrues per stopover on the direct route.
3.1.2
For hourly bookings, the trip must always begin and end within Berlin’s city limits, otherwise additional costs can accrue based on the currently valid price structure. An hourly booking always starts at the pickup time confirmed upon booking.
3.1.3
City tours must always begin and end within Berlin’s city limits, otherwise additional costs may accrue based on the currently valid price structure (compare with Paragraph 4 below). A booked city tour shall always begin at the pickup time confirmed upon booking.
3.2 Vehicle Class / Vehicle Model, Upgrade
The User can choose from different vehicle classes (e.g. “Executive Sedan” ,”Minivan”, or “Coach”) for their ride request.
The vehicle images shown on the website are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category.
3.3 Transport Safety, Consequences
3.3.1 Luggage, Animals
The price given in the booking confirmation includes the number of pieces of luggage specified on the booking form. Excess luggage, bulky luggage, or the transportation of animals not stated as an additional comment upon booking could lead to corresponding surcharges; the fee for the transportation service will thus also be higher than stated in the booking confirmation (see Paragraph 4 below).
ProLimo reserves the right to refuse the carriage of luggage and/or animals not previously agreed to. This also applies to animals that are not contained in a closed and suitable transport box.
3.3.2 Carriage of Children
Safety seats for children should be requested by the User while also specifying the number and age of the children to be transported, as well as the required type of seating.
3.3.3 Information on Number of Passengers and Pieces of Luggage
The maximum number of passengers and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of passengers and luggage. These are therefore not binding.
ProLimo can refuse the carriage of passengers or luggage if it believes they compromise the space and safety conditions.
3.3.4 Prevention of Carriage
ProLimo reserves the right to refuse carriage if compelling (for example under applicable laws) reasons under Paragraph 3.3 were not at all, or not correctly, communicated by the User as an additional comment.
If, due to this, carriage is not possible, this has no influence on the payment of ProLimo through the carriage contract with the User for the journey booked.
3.4 Delays
Exceptional situations such as air-traffic controller strikes, extreme weather conditions, etc. can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by Users.
3.5 Cancellations, Changes to Booking, and No-Shows
3.5.1 Cancellation
(a) Transfer Services
For transfer services, cancellation is free of charge if the chauffeur has not yet set off for the pickup location or over one hour is left before the agreed pickup time. In all other cases, the full carriage fee is payable to ProLimo. A cancellation can be done by using our online platform, per email or telephone.
(b) Hourly Bookings
For hourly bookings, cancellation is free of charge if over 24 hours lie between the cancellation and the agreed pickup time. If less than 24 hours but over 1 hour lie between the cancellation and agreed pickup time, 50% of the total price is to be paid, provided the chauffeur has not yet set off for the pickup location. If the cancellation is made less than 1 hour before the agreed pickup time, or the chauffeur has already set off for the pickup location, the total price is payable. A cancellation can be done by using our online platform, per email or telephone.
(c) Sightseeing Tours
For Sightseeing Tours, cancellation is free of charge if over 24 hours lie between the cancellation and the agreed pickup time. If less than 24 hours but over 1 hour lie between the cancellation and agreed pickup time, 80% of the total price is to be paid, provided the driver-guide has not yet set off for the pickup location. If the cancellation is made less than 1 hour before the agreed pickup time, or the chauffeur has already set off for the pickup location, the total price is payable. A cancellation can be done by using our online platform, per email or telephone.
3.5.2 Changes to Bookings
Changes to bookings are generally treated as new bookings. The policy for dealing with cancellations (see Paragraph 3.5.1 above) therefore applies to the ride originally agreed upon. A compensation claim by ProLimo for the originally agreed ride may be made accordingly.
3.5.3 No-Shows without cancellation, Delay to the User
In case of a no-show without cancellation, the User loses his entitlement to carriage with ProLimo, however, this does not affect ProLimo’s compensation claim towards the User.
(a) Transfer Services
A ride is considered a no-show if the User, or passenger, has not shown up without cancellation within 30 minutes after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
For airport or train station pickups (excluding long-distance train stations), the ride is considered a no-show when the User, or passenger, has not shown up at the agreed pickup location – without cancellation – within 60 minutes after the agreed pickup time, whereby the driver does adjust his schedule to reflect flight/train delays as well as early arrivals. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
Situations in which the ProLimo and the passenger have agreed on a later pickup time by phone are excluded from this rule. Possible surcharges for waiting times must be remunerated as described under Paragraph 4.3.1. Generally, the passenger is not entitled to change the pickup time.
(b) Hourly Bookings
A ride is considered a no-show if the User, or passenger, has not shown up at the agreed pickup location – without cancellation – by the time the booked hours have expired. If a customer does not show up, the ride must be paid for in full.
For airport or train station pickups (excluding long-distance train stations), the ride is considered a no-show when the User, or passenger, has not shown up at the agreed pickup location – without cancellation – by the time the booked hours have expired, whereby the driver does adjust his schedule to reflect flight/train delays as well as early arrivals. If a customer does not show up, the ride must be paid for in full.
Situations in which ProLimo and the passenger have agreed on a later pickup time by phone are excluded from this rule. An hourly booking always starts at the pickup time that was confirmed upon booking as described under Paragraph 3.1.2. Any possible extensions of the hourly booking must be remunerated as described under Paragraph 4.2. Generally, the passenger is not entitled to change the pickup time.
(c) Sightseeing Tours
A sightseeing tour is considered a no-show when the User, or passenger, has not shown up at the agreed pickup location – without cancellation – by the time the booked hours have expired. If a customer does not show up, the Sightseeing Tour must be paid for in full.
For airport or train station pickups (excluding long-distance train stations), the sightseeing tour is considered a no-show when the User, or passenger, has not shown up at the agreed pickup location – without cancellation – by the time the booked hours have expired, whereby the driver does adjust his schedule to reflect flight/train delays as well as early arrivals. If a customer does not show up, the Sightseeing Tour must be paid for in full.
Situations in which ProLimo and the passenger have agreed on a later pickup time by phone are excluded from this rule. A sightseeing tour always starts at the pickup time that was confirmed upon booking as described under Paragraph 3.1.3. Any possible extensions of the sightseeing tour must be remunerated as described under Paragraph 4.2. Generally, the passenger is not entitled to change the pickup time.
4.6. Behavior in the Vehicle
The following behavioral standards apply to the User when traveling with ProLimo:
During the entirety of the ride, all passengers must comply with all applicable Road Traffic Act regulations, especially the seatbelt regulations. Any instructions given by the chauffeur, or driver-guide, must be followed. It is the responsibility of the chauffeur, or driver-guide, to ensure a safe ride. Passengers are therefore prohibited from opening the doors while driving, throwing any objects from the vehicle, and/or sticking body parts out of or shouting from the vehicle. Should the User wish to use any of the devices or equipment in the vehicle, a brief instruction on their use is required from the chauffeur or driver-guide.
Smoking is prohibited in the passenger section of the vehicle. If the User, or passenger, ignores this, they are liable not only for the costs of cleaning the vehicle but must also compensate for the loss of business due to the downtime of the vehicle.
The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent.
4. Compensation and Payment
4.1 Principles
ProLimo’s claim to remuneration is specified in the booking confirmation.
Key factors for the amount are: the chosen vehicle class, the distance as well as the pickup time and possibly the location.
Additionally booked special requests, e.g. multilingual drivers, customized vehicle labeling, additional stops, bulky luggage, car seats for children, etc. may lead to a higher price.
4.2 Ride Changes
Even after the conclusion of the contract of carriage and even after the start of the ride, provided it is possible for ProLimo, the User (and the passenger) can request changes to the journey approach.
If a ride is spontaneously lengthened (distance or number of hours) according to a request by the User, or passenger, the actual service (total distance or number of hours) will be re-calculated and priced according to the current price structure. In the case of sightseeing tours or hourly bookings, each additional 30-minute block is considered for invoicing purposes, i.e. from the first additional minute, a half hour will be rounded up to ensure more reliable planning.
ProLimo’s remuneration entitlement vis-à-vis the User increases accordingly.
If the distance or number of hours is less than originally booked, the price remains unaffected.
4.3 Other extra charges
4.3.1 Waiting Times for Transfer Services
For transfer services, no surcharges are applied in the case of airport or train station pickup (excluding long-distance train stations) for a waiting time of up to 60 minutes after the agreed pickup time, whereby the driver does adjust his schedule to reflect flight/train delays as well as early arrivals. In all other cases, surcharges apply after a waiting time of 15 minutes from the agreed pickup time. Each additional minute of waiting time will be calculated as a flat-rate, including VAT, in accordance with the hourly booking prices of the vehicle category.
4.3.2 Additional Kilometers for Hourly Bookings
Hourly bookings contain the kilometers (per hour) that are specified on the confirmation (or by phone). Any additional kilometers are subject to a surcharge, including VAT, and are calculated according to the price per kilometer of the applicable vehicle category.
4.4 Terms of Payment and Transaction Fees
The User can pay for their ride by credit card or per PayPal. Incidental credit card fees are borne by ProLimo. Any transaction fees when making payments via bank transfer (e.g. due to different currencies or different local accounts) are carried by the User.
4.5 Payment Reminders, Unpaid Credit Card Invoices
For each payment reminder, ProLimo may charge an appropriate penalty fee.
For unpaid credit card debts, ProLimo charges the User for the incurred expenses (bank, credit card company) and reserves the right to assert an appropriate handling fee per incident.
4.6 Sending of Invoices, Payment Dates
ProLimo provides the User with the respective invoice by email or letter. When paying by credit card, payment is due immediately. When paying by bank transfer, the payment date specified in the invoice must be observed.
4.7 Vouchers
Vouchers are only redeemable individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash.
5 Liability
5.1 Principles
ProLimo is liable for damage caused by ProLimo, or their vicarious agents or subcontractors, that is either intentional or due to gross negligence. The TSP as well as all drivers employed for the travel service are neither vicarious agents nor subcontractors of ProLimo. Rather, ProLimo arranges, for the User, a direct entitlement to carriage over a TSP.
In case of damage caused by simple negligence, ProLimo is liable only for a breach of a fundamental contractual obligation and only for foreseeable and typical damages. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and are obligations upon which the User can regularly rely.
Limitation of liability does not apply in the context of provided guarantees and in the case of intentional harm to life, body, or health as well as for claims under the Product Liability Act.
5.2 Websites of Third Parties
ProLimo accepts no responsibility for the content, accuracy, legality and functionality of third-party websites which are referred to through links. Accessing these pages through hyperlinks is done at the risk of the User.
5.3 Accuracy of Transmitted Information, Disruption of Access
ProLimo accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or driver in time. This does not apply to the content of a booking confirmation.
ProLimo makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.
6. Final Provisions
6.1 Entirety, written form
These terms constitute the entire agreement between ProLimo and the User for the service offered. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement.
6.2 Subject to Change
ProLimo reserves the right to change these terms. Notification of the change is made as a unilateral declaration by publishing the new terms on ProLimo’s website and by informing Users of this. If the User does not object to the new terms within 14 days of the information being published, the new terms then apply to the User. Continued use of ProLimo’s services is then dependent on the acceptance of the terms by the User.
6.3 Offsetting, Retention, and Assignment
The User may only offset against undisputed or legally determined counterclaims against ProLimo. This also applies to the User’s notice of defects.
The User may only exercise a right of retention under Article 6.3, section 1, if their counterclaim is derived from the same contractual relationship.
The assignment of the User’s claims from the contractual relationship against third parties without the written consent of ProLimo is excluded.
6.4 Choice of Law and Place of Jurisdiction
The law of the Federal Republic of Germany, which is applicable to domestic business, is effective for all legal relationships between ProLimo and the User.
The place of fulfillment is Berlin.
The exclusive place of jurisdiction is Berlin, insofar as the User is a merchant according to the Commercial Code, or, upon suing, has no fixed place of residence in Germany. Legally binding jurisdictions remain unaffected.
6.5 Severability
If any provisions of these terms prove invalid, unenforceable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and intent of the parties.
Status: Berlin, April 2017