Scope: T&M Limousinen Service GmbH (hereinafter "T&M") — online presence Chauffeur Service Hamburg.
§ 1 General provisions, scope
These General Terms and Conditions govern the business relationship between T&M and its clients. The client is the natural or legal person or partnership entering into the contract with T&M. The Terms apply to all services in the area of commercial passenger transport, including limousine, van, sprinter and coach trips, shuttle services, event logistics and travel management.
Deviating terms of the client only become binding if T&M expressly agrees to them in text form. Individual agreements take precedence over these Terms and require text form. Legally relevant declarations require text form (email, fax, letter).
There is no right of withdrawal for scheduled passenger transport pursuant to Section 312(2) No. 5 German Civil Code (§ 312 Abs. 2 Nr. 5 BGB). The carriage of minors requires the written consent of the legal guardians. T&M may refuse carriage without any claim to a refund if such consent is missing.
§ 2 Conclusion of contract
A contract is concluded by acceptance of T&M's offer by the client, expressly or implicitly. Offers made by T&M are non-binding and subject to change. A legally binding contract is concluded only upon the order confirmation.
§ 3 Right of withdrawal
The right of withdrawal applies exclusively to consumers within the meaning of Section 13 German Civil Code (§ 13 BGB). For distance contracts, a 14-day right of withdrawal applies pursuant to Sections 355, 312g BGB.
Exception — passenger transport: Pursuant to Section 312(2) No. 5 BGB, there is no right of withdrawal where the contract concerns the provision of passenger transport services and a specific date or time period has been agreed. This concerns chauffeur services, airport transfers, coach, shuttle and driver services.
For other services without a fixed performance date, the 14-day right of withdrawal applies. The withdrawal period begins on the day of conclusion of the contract, after the consumer has been duly informed of the right of withdrawal. Withdrawal may be declared in text form to: T&M Limousinen Service GmbH, Sportallee 74, 22335 Hamburg, anfrage@chauffeurservice.hamburg.
§ 4 Contractual obligations of the client
The client must communicate all information relevant to the performance of the service (pick-up times, number of passengers, luggage, special requirements) in good time and in full. Delays, changes or special requests must be transmitted promptly. Additional costs arising from extra effort, waiting times or detours are charged to the client.
The client undertakes to provide complete and accurate information about co-travellers, in particular minors. If a minor passenger is registered without a declaration of consent or if the required child restraint systems are missing, T&M may refuse carriage. The right to remuneration remains unaffected. T&M provides child restraint systems for a fee; otherwise the client is responsible for them.
§ 5 Prices and terms of payment
Complaints about the service rendered or the invoice must be submitted in writing within 14 days. After this period, the service is deemed to have been duly performed and accepted.
For payment by credit card, a service fee of up to 5% of the invoice amount is charged; this applies exclusively to business clients. No separate payment fees apply to consumers.
The price includes only the services expressly listed. Additional services such as parking fees, tolls, ferry costs, admission fees, accommodation costs of the driving personnel and other ancillary costs are charged separately, unless included in the offer.
Invoices are due for payment without deduction within 7 days of receipt. The default interest rate is 5 percentage points above the base interest rate vis-à-vis consumers (Section 288(1) BGB) and 9 percentage points above the base interest rate vis-à-vis entrepreneurs (Section 288(2) BGB). Compensation for further damages caused by default is reserved.
§ 6 Liability
T&M is liable in accordance with statutory provisions for intent and gross negligence. In the case of simple negligence, liability is limited to foreseeable, contract-typical damages and applies only in the event of a breach of essential contractual obligations.
T&M is not liable for damages caused by delays or failures resulting from force majeure (natural disasters, strikes, official orders, unforeseeable road closures). In the case of temporary obstacles, performance dates are postponed by the period of impediment, unless an express fixed-date transaction has been agreed. In the case of fixed-date transactions, the client has a right of withdrawal in the event of significant delay if the later performance is unreasonable.
T&M assumes no liability for delays in operations attributable to traffic congestion, road closures, weather conditions, official orders or other events for which T&M is not responsible. Information on travel time or arrival time is non-binding guidance. Delays do not give rise to liability except in the case of an expressly agreed fixed appointment and intentional or grossly negligent conduct on the part of T&M. A fixed appointment must be expressly agreed in writing.
T&M assumes no liability for items left in the vehicle. There is no obligation to keep or forward such items. Found items will be handed over against proof of entitlement or, on request and at the client's expense, forwarded. They are kept for four weeks unless they are hazardous to health or perishable.
Assignments outside our own service area are carried out by licensed and insured partner companies. The client is also liable for culpable breaches of duty by co-travellers, in particular for damage to the vehicle or non-compliance with safety regulations. Recourse claims of third parties resulting from the conduct of co-travellers are borne by the client.
Claims for damages by the client become time-barred within twelve months from the start of the statutory limitation period, unless T&M acted intentionally or with gross negligence. The statutory limitation period for personal injury and product liability claims remains unaffected.
§ 7 Cancellation conditions
Limousine and van services
Free cancellation up to 5 days before the start of the service. After that:
- 4–2 days before: 60%
- 1 day before: 90%
- On the day of the service or no-show: 100%
Sprinter and coach services
Free cancellation up to 28 days before the start of the service. After that:
- 27–8 days before: 25%
- 7–2 days before: 60%
- 1 day before: 90%
- On the day of the service or no-show: 100%
Major events and special projects
For events with increased coordination effort (more than 5 vehicles or long-term resource commitments), individually agreed cancellation periods and fees may apply. These will be expressly set out in the order confirmation.
Rebookings
Rebookings (e.g. changes to time, location, number of participants or vehicle category) are only possible after prior consultation with T&M and in text form. In the case of short-notice rebookings or comparable additional effort akin to a cancellation, T&M reserves the right to charge cancellation fees on a pro rata basis.
Non-refundable third-party costs
Accommodation costs, admission tickets, ferry costs or comparable ancillary costs are payable in full in the event of cancellation, or are non-refundable in the case of advance payment, unless free cancellation with the third-party provider is possible.
General notes
Cancellations and rebookings must be submitted in text form and received during business days (Mon–Sat) between 08:00 and 19:00. Outside these hours, the next following business day applies. The client retains the right to demonstrate that no damage or only lesser damage has occurred.
§ 8 Usage restrictions / exclusion from carriage
Passengers must observe safety regulations. Seat belts must be worn where safety belts are fitted. The instructions of the driving personnel must be followed. Smoking is prohibited. Food and drinks are only permitted after consultation with the driving personnel.
The carriage of dangerous, explosive, flammable, radioactive, malodorous or otherwise hazardous substances is prohibited. Passengers who endanger safety, harass the driving personnel or violate laws (severe soiling, severe drunkenness, aggression) may be excluded from carriage. The full fare remains payable. Additional costs caused by an interruption of the journey are borne by the client.
The client is liable for soiling beyond the customary level. T&M may invoice cleaning costs. For minor to moderate soiling, a flat-rate cleaning fee of up to EUR 250.00 may be charged. For severe or health-hazardous soiling, a flat-rate special cleaning fee of up to EUR 500.00 may be charged. The client may demonstrate that less damage has occurred.
Children under 12 years of age or under 150 cm in height are only carried with suitable child restraint systems. The client must inform T&M of the carriage of minors in good time. The carriage of pets is only possible by prior arrangement.
§ 9 Liability of the client
The client is liable for damage or soiling of the vehicle caused by the client or co-travellers, including material damage, repair costs and downtime. The client is additionally liable for loss-of-use costs, cleaning costs and consequential costs.
§ 10 Data protection and GPS tracking
Personal data are processed exclusively for the initiation and performance of the contract on the basis of Article 6(1)(b) GDPR (DSGVO) as well as for the safeguarding of legitimate interests pursuant to Article 6(1)(f) GDPR (deployment planning, safety, billing, quality assurance).
All operating vehicles are equipped with GPS systems. Location tracking is carried out for real-time dispatching, route optimisation, vehicle safety and emergency response, exclusively during operational use. Access to GPS data is restricted to authorised personnel. Stored data are automatically erased after no more than 28 days.
Personal data are passed on to partner companies only to the extent necessary and with appropriate data protection safeguards. Further information on storage periods, data transfer and data subject rights is set out in our Privacy Policy.
§ 11 Creditworthiness
T&M reserves the right to obtain credit information about the client, in particular for first-time orders or high order values. Collection and processing take place to safeguard legitimate interests pursuant to Article 6(1)(f) GDPR. Details are provided in the Privacy Policy.
§ 12 Set-off and right of retention
The client is entitled to set off claims against claims of T&M only if its counterclaims have been finally established by court decision, are undisputed or have been recognised by T&M. The client may exercise a right of retention only where the counterclaim arises from the same contractual relationship.
§ 13 Reservation of changes to the vehicle
T&M reserves the right to replace the originally selected vehicle with a vehicle of equal or higher quality if operationally necessary. There is no right to a price reduction, provided the agreed service remains overall equivalent.
The client's claim relates exclusively to the booked vehicle category (e.g. First Class, Business Class, Luxury Class). A specific vehicle model or a specific vehicle (with individual equipment, colour or licence plate) cannot in principle be guaranteed.
If the agreed vehicle is not available due to technical defects, force majeure or unforeseeable circumstances and no equal or higher-value replacement vehicle is available, T&M may, by way of exception, deploy a functionally suitable but qualitatively different replacement vehicle. The agreed fare will be reduced appropriately to reflect the difference to the original vehicle class. Any further claim for damages is excluded, unless T&M is responsible for the deviation through intent or gross negligence.
§ 14 Conditions of carriage
Within Germany, carriage takes place exclusively with licensed and insured vehicles in accordance with the requirements of the German Passenger Transport Act (PBefG), operated by qualified driving personnel. For cross-border journeys or services rendered abroad, carriage takes place in accordance with the applicable statutory and regulatory provisions of the country of operation, performed by contractually bound and duly licensed partner companies.
§ 15 Rebookings
Rebookings are generally only possible in consultation with T&M and in text form. To the extent that a rebooking is possible for operational reasons, this constitutes a goodwill measure and does not give rise to any entitlement to future rebookings. The rebooking provisions in § 7 apply additionally.
§ 16 No-show definition
A "no-show" exists where the passenger does not appear at the agreed pick-up location at the agreed pick-up time and is also not reachable within the agreed waiting period to ensure the carrying out of the journey. In such case, the journey is deemed cancelled and is invoiced at 100% of the fare in accordance with the cancellation conditions.
§ 17 Prevention on the part of the client
If the client is prevented from making use of the service for reasons not attributable to T&M, T&M's claim to remuneration remains unaffected. The client is obliged to inform T&M without undue delay of any prevention. Any cancellation costs, in particular for advance bookings, are calculated in accordance with the cancellation conditions.
§ 18 Text form
Amendments, additions or collateral agreements to these Terms require text form (e.g. email) to be valid. This also applies to the cancellation of this text-form clause itself.
§ 19 Place of jurisdiction and concluding provisions
Where the client is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes is the registered office of T&M. German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions of these Terms be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. Statutory provisions shall apply in place of any invalid provisions. The contractual place of performance is the registered office of T&M in Hamburg, unless expressly agreed otherwise or arising from the nature of the service. Services outside our own service area are performed on behalf of T&M by partner companies. The contract language is German. For consumers, statutory rules on jurisdiction apply (Section 29 ZPO; place of jurisdiction at the consumer's place of residence).
§ 20 Note on consumer dispute resolution
T&M is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 21 Declarations of consent for group bookings
For group bookings, the client confirms upon conclusion of the contract that all participants consent to the transmission of their personal data to T&M for the purpose of order processing. For minors, an additional written declaration of consent by the legal guardians is required. The client ensures that these declarations are available in good time before the start of the journey. The client is obliged to present the declarations on request to T&M.
§ 22 Force majeure
In the case of force majeure (natural disasters, strikes, official orders), T&M is released from its obligation to perform. The client is entitled to a refund of amounts already paid, provided the service has not been rendered.
§ 23 Termination
The contract may be terminated by either party for cause, for example in the event of insolvency or repeated breach of contractual obligations. Termination requires text form.