§ 1: Scope
1.1 Applicability of the GTC
These General Terms and Conditions (hereinafter „GTC“) exclusively apply to all services provided by MHTRANSFER Chauffeur Service and all future legal relationships between MHTRANSFER Chauffeur Service and its customers (hereinafter „Client“). Deviations from these GTC are only valid if confirmed in writing by MHTRANSFER Chauffeur Service and shall take precedence.
1.2 Exclusion of Other GTC
Any General Terms and Conditions of the Client shall not apply unless explicitly agreed upon in writing.
1.3 Scope of Services
These GTC govern all services offered by MHTRANSFER Chauffeur Service, including but not limited to driving services, transfers, event logistics, and personal chauffeur services.
1.4 Changes to the GTC
MHTRANSFER Chauffeur Service reserves the right to change or update these GTC at any time without providing reasons. Changes will be communicated to the Client in writing or electronically and will be considered accepted unless the Client objects in writing within 14 days after receipt of the notification.
1.5 Severability Clause
Should any provision of these GTC be or become wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision that comes closest to the economic purpose of the invalid provision shall apply.
§ 2: Conclusion of Contract
2.1 Formation of Contract
A contract is concluded either through the online order confirmation by MHTRANSFER Chauffeur Service or by the actual provision of services. Offers by the Client can be made online via the booking form on the website (https://www.mhtransfer.com/), in writing via email, or by phone.
2.2 Booking Options
The formation of a contract with MHTRANSFER Chauffeur Service occurs either through the online order confirmation by the company or through the successful execution of the agreed service. The online order confirmation is automatically sent to the Client after the booking process and includes the details of the booked service and the agreed terms.
2.3 Confirmation and Details of Booking
Alternatively, a contract can also be concluded through the actual provision of services by MHTRANSFER Chauffeur Service. This means that the Client’s booking is confirmed by the successful completion of the agreed service. In this case, the service provision is considered as tacit acceptance of the Client’s offer. Offers by the Client can be submitted in various ways. In addition to online booking via the booking form on the official website of MHTRANSFER Chauffeur Service, offers can also be made in writing via email or by phone. However, it is recommended to use the online booking to ensure efficient processing of the booking process and clear documentation.
§ 3: Obligations of the Contractor
3.1 Scope of Service
The service includes transportation in a vehicle provided by MHTRANSFER Chauffeur Service with a chauffeur according to the written confirmation as per § 2 section 2.
3.2 Quality Standards of Vehicles and Chauffeurs
In accordance with the agreed terms as per § 2 section 2, MHTRANSFER Chauffeur Service is obliged to provide the agreed service to the Client. This service includes the transportation of the Client in a vehicle provided by MHTRANSFER Chauffeur Service and operated by a qualified chauffeur.
3.3 Specification and Review of Transportation Details
The exact details of the transportation, including date, time, pickup location, and destination, are recorded in the written confirmation as per § 2 section 2. MHTRANSFER Chauffeur Service commits to carefully reviewing these details and ensuring that the transportation is carried out according to the agreed terms and the Client’s requirements.
3.4 High-Quality Vehicles and Trained Chauffeurs
The vehicles used for transportation by MHTRANSFER Chauffeur Service meet the highest standards in terms of comfort, safety, and reliability. Additionally, the chauffeurs of MHTRANSFER Chauffeur Service are professionally trained and have extensive experience in passenger transport to ensure a pleasant and safe journey for the Client.
3.5 Measures in Case of Contract Violations
MHTRANSFER Chauffeur Service reserves the right to take appropriate measures in the event of violations of these obligations, including termination of the contract and the assertion of claims for damages.
§ 4: Transportation
4.1 Safety and Comfort
MHTRANSFER Chauffeur Service commits to transporting persons according to the contractually agreed conditions. This includes providing safe and comfortable transportation in line with the agreed terms.
§ 5: Supervision of Children
5.1 Responsibility and Supervision of Children
It is important to note that the supervision of children does not generally fall within the scope of transportation services provided by MHTRANSFER Chauffeur Service. Clients are therefore requested to monitor their children themselves to avoid any inconvenience.
5.2 Luggage and Special Arrangements
As part of the transportation service, the transport of luggage within usual limits is provided, provided that it can be securely stowed. Any special arrangements, such as the transport of pets or bulky luggage, require prior agreement with MHTRANSFER Chauffeur Service to ensure smooth processing.
§ 6: Supervision of Luggage and Valuables
6.1 Client Responsibility During Waiting Times
If the Client leaves the vehicle during the waiting time or for any other reason, it is their responsibility not to leave valuables in the luggage or their bag unattended. MHTRANSFER Chauffeur Service assumes no liability for any loss or damage to valuables left unattended during this time.
§ 7: Route Package
7.1 Start and End of Transportation
This contract includes the transportation services of MHTRANSFER Chauffeur Service. The agreement comes into effect as soon as the Client reaches the agreed meeting point and the journey with the MHTRANSFER vehicle begins. The transportation ends at the predetermined destination after the completion of the journey.
7.2 Applicability of the GTC
For every transportation within the framework of the route package, the general terms and conditions and guidelines of MHTRANSFER Chauffeur Service apply. All relevant provisions regarding the use of the service, liability, payment modalities, and other essential aspects are binding and should be carefully read and understood before using the route package.
7.3 Professional Transportation
MHTRANSFER Chauffeur Service commits to transporting the Client professionally and safely throughout the journey. This includes compliance with all traffic regulations as well as proper vehicle maintenance and care to ensure maximum comfort and safety.
7.4 Client Requirements and Communication
For the smooth operation of transportation within the framework of the route package, it is important that the Client arrives at the agreed meeting point on time and communicates all relevant information, including any special requests or additional requirements, in advance. This ensures that MHTRANSFER Chauffeur Service can meet all Client needs to the best possible extent. If there are any questions or uncertainties regarding the route package, the customer service of MHTRANSFER Chauffeur Service is always available to provide comprehensive support and advice.
§ 8: Hour Package
8.1 Time-Based Billing
The use of an hourly package at MHTRANSFER Chauffeur Service begins exactly at the agreed time and ends with the safe return of the chauffeur to the MHTRANSFER premises.
8.2 Additional Costs
Hourly packages are billed according to the agreed rate per started hour. This rate includes all waiting times during transportation. Should the inclusive kilometers specified in the contract be exceeded during the use of the hourly package, additional kilometers will be charged according to the current price list of MHTRANSFER Chauffeur Service. Likewise, if the booked hours are exceeded, the extra hours will be billed according to the current price list of MHTRANSFER Chauffeur Service. Our clients can rely on transparent and fair billing according to the agreed terms.
§ 9: Vehicle
9.1 Safety and Order Standards
MHTRANSFER Chauffeur Service is committed under this agreement to transport the Client in compliance with the applicable legal regulations in a roadworthy vehicle of the booked class. This includes providing and operating vehicles that meet the highest safety standards and are regularly maintained.
9.2 Insurance Coverage
Liability for damages that may occur during transportation is covered according to the general terms of motor vehicle insurance. This insurance covers property and financial damages up to a lump sum of 50 million euros and personal injuries up to 8 million euros per injured person. MHTRANSFER Chauffeur Service ensures that these insurance policies are always up to date and meet the applicable legal requirements.
§ 10: Driver
10.1 Transportation License
The drivers employed for MHTRANSFER Chauffeur Service assignments all hold a valid passenger transportation license according to § 48 of the driver’s license for passenger transportation.
10.2 Verification of Driver Qualifications
The passenger transportation license according to section 10.1 is issued by an authorized authority and contains the holder’s name, issue date, and all relevant restrictions or conditions regarding the transportation of passengers.
10.3 Compliance with Legal Regulations
MHTRANSFER Chauffeur Service reserves the right to check the validity of the passenger transportation license at any time. If it is found that a driver does not have a valid license according to section 10.1, MHTRANSFER reserves the right to exclude the relevant driver from providing services for MHTRANSFER immediately.
10.4 Disciplinary Measures
Drivers are required to comply with all applicable legal provisions and regulations for passenger transportation during their duties. MHTRANSFER Chauffeur Service reserves the right to take disciplinary action against drivers who violate the provisions of this section or other relevant regulations, including the possibility of terminating the employment relationship with the relevant driver.
10.6 Proper Vehicles
Drivers are responsible for the proper maintenance and care of the vehicle they use to ensure that it meets the applicable safety standards and provides a safe and comfortable transport for passengers.
10.7 Complaints About the Driver
Any complaints or concerns from passengers regarding the conduct or services of a driver should be immediately reported to MHTRANSFER so that appropriate measures can be taken to address the issue and, if necessary, take further steps. These provisions apply to all drivers working on behalf of MHTRANSFER, regardless of whether they are full-time employees, freelancers, or subcontractors.
§ 11: Obligations of the Client/Customer
11.1 Legal Compliance Obligations
The Client is responsible during the entire journey for ensuring that all applicable (traffic) legal regulations are observed, both by themselves and all fellow passengers.
11.2 Compliance with Driver Instructions
During the journey, the Client and all fellow passengers are required to follow the driver’s instructions without exception. In the event of non-compliance, the driver reserves the right to exclude the person concerned from further transportation.
11.3 Safety-Related Behavior
Safety-related behavior is paramount at all times. If safety is jeopardized during the journey due to a violation of the driver’s instructions or other behaviors, MHTRANSFER Chauffeur Service reserves the right to fully maintain its claim to remuneration.
11.4 Careful Handling of the Vehicle
The Client is obliged to handle the vehicle with care during transportation. Damages caused by improper handling by the Client or fellow passengers may be charged to the Client. Cleaning costs may also be charged to the Client in case of excessive soiling of the vehicle.
§ 12: Prices and Payment Terms
12.1 Prices
The agreed prices apply at the time of contract conclusion and include the statutory 19.00% VAT.
12.2 Additional Costs
Not included are incidental costs (e.g., tolls) and additional costs due to changes by the Client.
12.3 Payment Terms
According to these terms and conditions, payment for services by MHTRANSFER Chauffeur Service is due immediately after the contract is concluded between the Client and MHTRANSFER Chauffeur Service. Payment can be made either by bank transfer or credit card and must be fully settled before the start of the journey. If the outstanding amount is not paid before the start of the journey, MHTRANSFER Chauffeur Service reserves the right to withdraw from the contract. It should be noted that MHTRANSFER Chauffeur Service assumes no liability for any damages that may arise for the Client as a result. It is the responsibility of the Client to ensure timely payment to guarantee the proper execution of MHTRANSFER Chauffeur Service’s services.
§ 13: Cancellation and No-Show by the Client
13.1 Free Cancellation
The Client has the right to cancel bookings free of charge up to 24 hours before the scheduled start of the journey, regardless of whether it is a route or hourly booking. This provision is for the flexibility and convenience of customers. The company is always available for inquiries or cancellation requests.
13.2 Cancellation Within 24 Hours
Cancellations made within 24 hours before the scheduled start of the journey are subject to a cancellation fee of 100% of the booking amount. This step has been introduced to ensure efficient planning and provision of services while also considering the interests of customers and partners.
The company always strives to provide first-class service and exceed customer expectations. However, it is understood that unforeseen circumstances may lead to cancellations. In such cases, customers are advised to inform the company in advance to explore alternative solutions.
The cancellation fee of 100% of the booking amount also applies if the cancellation is due to reasons beyond the Client’s control, such as sudden changes in travel plans or unforeseen events.
13.3 No-Show
If the Client does not show up at the agreed pickup time and the company cannot be contacted, the company reserves the right to charge the full booking amount. This serves as appropriate compensation for the booked or reserved services and resources and ensures operational efficiency. To avoid inconvenience, it is strongly recommended that the Client ensures that the provided contact information is correct and reachable. Reliable communication not only contributes to the smooth running of the order but also allows for optimal service to be provided.
13.4 Booking Changes
The Client has the option to change the booking free of charge up to 24 hours before the scheduled start of the journey, subject to availability. This offers customers flexibility in case plans change or the travel route needs to be adjusted. It is recommended that the Client contacts the booking team in good time to make changes.
It is recommended that Clients contact the company’s customer service in the event of cancellation or booking changes early on, either via the hotline: +49 211 16369071 or by email: info@mhtransfer.com, to ensure a smooth process. For questions about the cancellation conditions, the company is always available.
§ 14: Cancellation and No-Show by MHTRANSFER Chauffeur Service
14.1 Cancellation Due to Force Majeure
In cases of force majeure beyond the control of MHTRANSFER, such as natural disasters or political unrest, cancellations or delays may be unavoidable. In such situations, MHTRANSFER assumes no liability for any cancellations or delays. We would like to point out that MHTRANSFER cannot be held liable as a service provider in these cases. Instead, we do our utmost to support our customers and offer alternative solutions to minimize the impact on their travel plans.
14.2 Cancellation Due to Technical Problems
These unforeseen circumstances may also include technical problems with vehicles. Although we at MHTRANSFER adhere to strict maintenance and safety standards, technical failures may occasionally occur, leading to delays or even cancellations. In such cases, we immediately take measures to resolve the issues and offer our customers an alternative transport option as soon as possible.
14.3 Cancellation Due to Driver Incapacity
Furthermore, the safety and health of our driving staff are of utmost importance. If a driver is unable to carry out the journey due to health problems, we reserve the right to cancel the journey as well. In such a case, we will inform our customers immediately and suggest alternative solutions to support their travel plans as best as possible.
§ 15: Liability of MHTRANSFER Chauffeur Service
15.1 Insurance Coverage and Liability Limits
The liability of MHTRANSFER Chauffeur Service is generally covered by a liability insurance policy in accordance with legal regulations. Regarding personal injuries, MHTRANSFER Chauffeur Service is liable in accordance with the applicable legal provisions up to a maximum amount of 8 million euros per injured person. For property damages, coverage up to 100 million euros per event is provided.
15.2 Exclusion of Liability in Case of Gross Negligence
Any liability of MHTRANSFER Chauffeur Service is excluded unless the Client’s damage is due to an intentional or grossly negligent breach of duty by the company.
§ 16: Complaints
16.1 Reporting of Defects
Any defects affecting the transportation service provided by MHTRANSFER Chauffeur Service must be reported immediately after detection.
16.2 Consequences of Late Reports
If immediate reporting is omitted, the transportation service shall be deemed to have been properly rendered, and the remuneration claim of MHTRANSFER Chauffeur Service remains valid.
§ 17: Final Provisions
17.1 Reservation of Changes
Any changes to these General Terms and Conditions (GTC) require written form. This means that they must be recorded in writing and signed by both contracting parties to be valid.
17.2 Applicable Law and Jurisdiction
All disputes arising from or in connection with these GTC are governed exclusively by German law. Düsseldorf is agreed as the exclusive place of jurisdiction for all disputes. This jurisdiction clause applies if the Client is either a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law. This clause also applies if the Client has no general place of jurisdiction in Germany.
These General Terms and Conditions take effect on May 16, 2024, and remain in force until revoked. The company reserves the right to change or adapt these terms at any time, with all changes being communicated to the customers in good time.
Version: Düsseldorf, May 16, 2024