§ 1 Scope of application
The following GTC apply exclusively to all current and future legal relationships between Sterling Limousinen GmbH (hereinafter referred to as "Sterling") and its customers. If these GTC conflict with the terms and conditions of the customer or other third parties who enter into a business relationship with Sterling, these GTC will take precedence. The terms and conditions of the customer do not apply, even if Sterling does not separately object to them in individual cases. Deviations from these GTC are only effective if they are confirmed by Sterling (in writing).
§ 2 Offer and conclusion of contract
Sterling's offers are subject to change and non-binding. Declarations of acceptance and all orders require written confirmation from Sterling to be legally effective. The same applies to supplements, amendments or subsidiary agreements. Sterling employees and subcontractors are not authorised to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contract. A contract is concluded by Sterling's written confirmation of the order. Sterling generally confirms the placed order immediately, but at the latest within 7 days. A contract is also concluded by Sterling providing commissioned services. When placing the order, the client is obliged to inform Sterling of all essential factors relating to the execution of the contract, in particular dates, start and destination address, number of persons to be transported, type and volume of luggage/transport goods. If animals are to be transported with or alone, the type and breed must be stated when the order is placed. For better organisation in unclear places, e.g. airports, train stations, etc., it is helpful to provide the telephone numbers (preferably mobile phone numbers) of the person to be transported. Sterling reserves the right to carry out a credit check before concluding a contract.
§ 3 Price
All prices are net, plus the statutory VAT. Unless otherwise agreed in writing, the current price lists apply. In the event of an agreement to the contrary, Sterling will be bound by the prices contained in its offers for 30 days from the date of the offer. The prices stated in their order confirmation are then decisive. Additional services will be charged separately. The invoice will be issued promptly after booking or order completion. The client shall pay the invoice amount without deductions, within the period set in the invoice. Employees are not authorised to collect payments.
§ 4 Subject matter of the contract and exclusion from carriage
Passengers, animals as well as goods and documents are transported with a state-of-the-art exclusive transport service. The respective vehicle is insured as follows in accordance with the applicable General Terms and Conditions for Motor Insurance (AKB): In the case of property damage and financial loss, a lump sum of 100 million euros. In the event of personal injury, the insurance shall be liable for up to 15 million euros per injured person. Persons or goods that pose a threat to security and order are excluded from carriage. A passenger who has already boarded the train can also be excluded from further carriage if he or she poses a concrete threat to the safety and order of the transport operation. Generally excluded from carriage are hazardous substances and objects, in particular explosive, highly flammable, radioactive, malodorous or corrosive substances, unpackaged or unprotected goods that could injure passengers. All luggage must be placed in the boot or luggage compartment of the vehicle. The driver may refuse to carry luggage that is too large for the boot or generally too numerous to ensure safe carriage. Animals are always carried along. However, they must be accommodated in such a way that the safety and order of the company is not endangered. Exceptionally, there is no obligation to carry animals if the particular dangerousness of the animal or the driver's fear of the animal impairs his ability to drive the vehicle safely. Documents shall be deemed to have been delivered upon handover to the addressee or his employees or auxiliaries, unless personal handover has been agreed in advance. The customer shall handle the vehicle with care and observe all regulations and technical rules applicable to its use. The instructions of the driver must be followed without fail. Smoking in Sterling vehicles is generally prohibited. Sterling reserves the right not to transport persons of unsound mind in extreme cases. In the event of breaches of these General Terms and Conditions or improper behaviour, the contract may be terminated with immediate effect without the need for a separate notification. However, as a rule, a prior reminder will be issued by the driver. In this case Sterling retains the claim to remuneration for the entire agreed duration, less any expenses saved. In addition, there is a claim for compensation for the damage resulting directly from the customer's failure to handle the vehicle in accordance with the contract, as well as against the respective client, insofar as they are not identical. In this case, they shall be liable as joint and several debtors. The liability exists even if the client is not at fault. If vehicles of the clients are used, the client releases Sterling from any liability to the extent permitted by law. If the client withdraws from the contract or does not make use of Sterling's services without withdrawal, the following cancellation fees will be due: For car/minibus individual transfers, one-day and multi-day care:
Cancellation up to 48 hours before the start of the order: free of charge
Cancellation after 48 hours up to 12 hours before the start of the order: 50 % of the order value
Cancellation after 12 hours before the start of the order or no-show: 100 % of the order value
The date of receipt of the written cancellation by Sterling is decisive for the time of cancellation. If Sterling's services are not used without cancellation, the customer must pay the agreed price without deduction.
§ 5 Liability
Sterling's liability for breaches of contractual obligations and from tort is limited to intent and gross negligence and, in the case of customers who conclude a contract with Sterling as entrepreneurs (natural and legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction), to compensation for the typically occurring damage. This does not apply in the case of injury to the life, body and health of the customer or in the case of claims for breach of cardinal obligations. In this respect Sterling is liable for any degree of fault. However, liability in the event of a breach of cardinal obligations is also limited to the regular foreseeable damage. The strict liability according to the Road Traffic Act (StVG) remains unaffected by these regulations. If Sterling is unable to fulfil an agreed date due to technical breakdowns, force majeure, weather-related emergency or legal requirements (e.g. smog, etc.), the customer has no claim to fulfilment of the contract. The customer will be refunded any payments already made. In the event of a technical breakdown, Sterling is entitled to provide a replacement vehicle. Further claims for compensation by the customer are excluded. Sterling is exempt from liability insofar as an overrun of the transport period is due to circumstances that could not have been avoided with the greatest care and whose consequences could not have been averted.
§ 6 Notice of damage and limitation period
Damage or other claims by the customer must be reported in writing immediately after completion of the carriage. In the case of damage that is not immediately recognisable, this must be reported in writing within three days of completion of the order. If, in exceptional cases, the short notification period is unreasonable for the customer, the customer must report the damage immediately after the obstacle has been removed. The customer shall be obliged to prove that it is unreasonable to comply with the notification period.
§ 7 Place of Jurisdiction, Choice of Law, Written Form Requirement
If the customer has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Sterling (Berlin). If the customer is an entrepreneur, the place of jurisdiction is also the registered office of Sterling (Berlin), although Sterling is also entitled to sue the customer at his general place of jurisdiction. The law of the Federal Republic of Germany applies to this contract. Verbal commitments require written confirmation by Sterling in order to become effective.
§ 8 Secrecy
We undertake to maintain confidentiality about knowledge we have gained about the client within the framework of the cooperation on the occasion of the contractual agreement. We also undertake to impose a corresponding confidentiality obligation on our employees and partners. The confidentiality obligation does not end with this contract, but is unlimited in time. The confidentiality obligation does not extend to such information which was already generally known at the time of the conclusion of the contract or which subsequently became known without there being a breach of this confidentiality obligation.
§ 9 Legal validity of versions in other languages
This document shall be governed by and construed in accordance with German law. It shall be drawn up in German and English. In the event of any discrepancies between the German and English versions, the German version shall prevail.
§ 10 Data protection
We would like to point out that personal data is stored within the framework of the execution of the contract and is passed on to third parties for the fulfilment of legal regulations or as far as it is necessary for the fulfilment of the contract. Any further use or disclosure will not take place.
§ 11 Severability clause
Should any provision in these GTC be invalid, this shall not affect the validity of all other provisions. The parties undertake to replace an invalid provision with one that comes as close as possible to the original clause and the economic purpose.