a) The following terms, referred to herein as "Terms and Conditions" apply to all services provided by ABC V.I.P. Sightseeing GmbH (also hereinafter referred to as "ABC"), for passenger transportation by car, road shows, and trips with private cars.
All of these terms and conditions also apply for future business relationships, even if not expressly agreed upon. The use of our services implies that our terms and conditions are binding and accepted.
b) Exceptions to these general terms and conditions are effective only by written confirmation from ABC. Third Party Terms and Conditions should be consistent with the objectives of ABC V.I.P. Sightseeing GmbH. Any departure from the present Terms and Conditions requires a separate written agreement.
Passenger transport by car hire, excursions, and any other services offered by ABC are subject matter for the purposes of these provisions.
All services offered by ABC V.I.P. Sightseeing GmbH may be subject to change.
Orders received by ABC require our written confirmation to be legally binding or accepted. Confirmations are usually immediate. Under certain circumstances, confirmation of orders may take up to 24 hours of receipt of request. It is up to the client to provide ABC with complete and accurate information to ensure performance of the contract. This includes, for example, the names of passengers, pick-up location and time, and type of desired service.
IV. Changes to the Services Ordered or Cancellations
a) Changes to the services ordered from ABC or cancellation thereof must be received by ABC least 24 hours prior to the time of requested service. Cancellations are subject to costs or subsequent price changes already incurred by ABC such charges, if any, will be billed to the client.
b) Large-scale orders require a longer cancellation period. ABCL will make every attempt to notify the client of the longer cancellation policy upon confirmation of order.
c) For cancellations received late or failure of client to be available for agreed upon services, payment is due and payable for the full invoice. Telephone or written cancellations maybe made at the ABC office daily from 5 AM to 10 PM. Transmissions received after business hours will be acted upon at the beginning of the next day business hours.
d) A minor change or delay of services, such as technical failures or circumstances beyond the control of ABC V.I.P. Sightseeing GmbH does not lead to the annulment of this contract. In case of impossibility of performance on our part due to an unforeseeable force majeure event the ABC V.I.P. Sightseeing GmbH has the right to withdraw from the contract.
e) All eligible claims for non-conformity with the contract of services rendered by the ABC V.I.P. Sightseeing GmbH shall be in writing within 3 business days after the order is completed by ABC.
f) Changes or additional agreements to the above conditions require written confirmation of the same.
The prices of the services offered are broken down in the current price list and are the prices which will be charged unless other agreements have been mutually agreed upon.
Unless otherwise stated, all other expenses such as museum tickets for sightseeing or other charges, as well as out of pocket expenses incurred on behalf of the client, will be charged separately. Such charges are not included in the prices and will be charged separately.
Unless prior arrangements have been made, all claims for payment with accounts are due immediately. In some circumstances a credit card payment, a prior billing arrangements or a settlement via a contract hotel is permitted. Prepayment and cash are also possible.
ABC V.I.P. Sightseeing GmbH reserves the right to perform a pre-authorization on a customer's credit card or to request a different security.
If payment is not received by ABC by the payment deadline, ABC is entitled to charge on the unpaid amount, interest at the rate charged by commercial banks for overdrafts.
VII. Duties and Obligations
All ABC clients and customers are obliged to comply with all applicable self regulatory and administrative law, in particular the provisions of the Highway Code (StVO) and the KFG in the current version.
Further, it is up to our customers, during the use of our vehicles to behave according to the dictates of safety and consideration for others.
Any repeated breaches of this duty may result in termination of the trip or service and all charges for rendered services from ABC V.I.P. Sightseeing GmbH will be due and payable.
When minor children are to be transported, it is up to the purchaser to provide the appropriate child seats, infant carriers, etc. If the client wishes, these child seats may be ordered from ABC V.I.P. Sightseeing GmbH. If the client does not provide the seats and if the seats have not been ordered prior to the pickup, then ABC reserves the right to refuse the ride. In this connection, reference is also made to the seat belt law which is compulsory in Austria, as well as our own commitment to compliance.
Passengers are required to follow the directions of the chauffeurs of ABC, particularly with regard to security issues as well as safety concerns and adherence to the compulsory seat belt laws. Such procedures ensure a safe passage for all ABC passengers.
In the improbable event that employees of ABC are not at the agreed place and time, we recommend a telephone inquiry for the purpose of immediate clarification of any circumstances.
For damage to the vehicles, including vehicles or other property of third parties in connection with the services ordered, the responsible party is liable. If the service was ordered by a third party, both are jointly liable for the damages. ABC is entitled to demand a security performance fee. If passengers cause severe collution to an ABC vehicle, ABC is entitled to demand an appropriate cleaning fee.
If, as part of our services, baggage is transported, it is the passenger or party's responsibility to agree on the condition and completeness of the baggage transported at entry and exit of the vehicle. Any assumption of liability by ABC for luggage outside the vehicle is excluded.
VIII. Liability of the service provider
a) Liability for damages arising from contractual claims shall be limited to those damages that were caused by serious negligence attributable to ABC or an ABC employee.
b) A separate liability for introduced or transported objects shall be given only when it is covered by the subject of insurance in respect of third ABC insurers. For transportation of special valuables it is for the buyer to provide a corresponding supplementary insurance, independently complete. Likewise, it is the duty of the purchaser or the traveler, if necessary, to comply with the relevant customs and immigration requirements.
c) In spite of all the measures adopted and planning provided by ABC, performance guarantees with respect to compliance of fixed times for forward travel cannot be guaranteed. External factors occur and cannot be anticipated.
IX. Tort Liability Limitation
Our liability in tort for damages that are not based on intent or gross negligence is limited to three times the travel and fare. The maximum liability applies per customer and trip.
Legal provisions of a mandatory nature restrict the sphere of one condition to apply mutatis mutandis.
The exclusive venue for all disputes and legal issues arising from the contractual relationship with ABC directly or indirectly is the relevant competent Commercial Court of Vienna, even if the customer's place of jurisdiction is outside the EU or a Member State of the EU.
XI. Final Provisions - International Business
These Terms are valid until such time as they are replaced by a revised version. Due to international customer relations, we are providing these Terms in English. Should any questions arise concerning the interpretation of these Terms and Conditions, the German version shall be accepted as binding.