Taxi & Rental Car - Terms & Conditions -
Elian Limousine Service provides services based on the following general terms and conditions, the service descriptions and the price lists. Differing terms and conditions do not apply, even if Elian Limousine Service does not expressly object to them. Deviations from these conditions require the express written approval of Elian Limousine Service. A contract is only concluded if it is confirmed by Elian Limousine Service.
Scope of services
The scope of services is determined exclusively by the written order confirmation from Elian Limousine Service or, subsidiarily, by the written offer from Elian Limousine Service. Details contained in brochures, service catalogs, price lists and similar information are only binding insofar as they are expressly referred to. Transport is carried out in accordance with the provisions of the StVO and the PbefG. Passengers must adhere to the instructions of Elian Limousine Service or the chauffeur. If guests act against the instructions, or if they pose a risk according to the StVO, or to the safety of road traffic by impairing the chauffeur, Elian Limousine Service is entitled to exclude them from transport. In this case, Elian Limousine Service will charge the full fare including the fixed price or kilometer price and all additional and special services.
Pick-up at the airport (airport transfer)
Any change to the agreed pick-up time, regardless of the reason, must be reported to Elian Limousine Service immediately. Any damage caused by failure to notify immediately will be borne by the customer. The Elian Limousine Service chauffeur will be available at the agreed pick-up time at the respective meeting point in the airport terminal, or at the meeting point previously agreed in writing, with a name tag or company logo (earlier or later availability must be stated when booking) and will wait for up to 60 minutes without additional charge. A telephone number at which the passenger can reach his chauffeur is provided in the confirmation letter. If no contact has been made with the passenger or customer after the 60-minute waiting time, the chauffeur will return to Vienna without a passenger. The service provided by AIRPORT TAXI VIENNA is then deemed to have been provided and the full fare is due for payment. Any further waiting times requested by the customer will be charged according to the valid price list.
Prices
The prices include the statutory sales tax at the respective statutory rate. The prices valid on the day of the booking confirmation apply. Flat rates not listed in the price list can only be agreed in writing and only apply to the agreed travel date and rental period. Times and distances beyond this will be charged according to the valid price list. Additional costs due to delays are borne by the customer, unless the delays are due to a fault of Elian Limousine Service or the chauffeur. The fare includes the transport of people with normal luggage; the transport of bulky goods requires a separate agreement.
Payment terms
Elian Limousine-Service reserves the right to collect a deposit of up to 50% of the total price before the journey begins or to request a blank debit note from a valid credit card issued to Elian Limousine-Service before accepting an order. The remaining payments are due within the deadlines stated on the invoice. The timeliness of the payment depends on the receipt of the amount for unconditional disposal by Elian Limousine-Service. If payment is made by check, the claim is only considered paid after the final, full credit has been received. Payments are always used to settle the oldest claim. If the customer is in arrears with payment, Elian Limousine-Service will charge interest of 5 percentage points above the base interest rate - subject to the assertion of further damages for late payment. A reminder fee of € 10 will be charged for the second and each subsequent reminder. The customer reserves the right to prove that the damage is less.
Cancellations and withdrawal
Cancellations are only effective if they are made in writing or if they are confirmed in writing by Elian Limousine Service in the case of an oral declaration. The timeliness of written cancellations depends on their receipt by AIRPORT TAXI VIENNA. Cancellations up to and including 24 hours before the contractually agreed start of the journey are free of charge. In the case of cancellations, Elian Limousine Service charges a proportion of the basic price of the journey as compensation. This proportion is:
* 50% for cancellations up to 12 hours
* 80% for cancellations up to 3 hours before the contractually agreed start of the service
* 100% for later cancellations and for non-starting the journey.
Elian Limousine Service will charge expenses regardless of the timeliness of the cancellations if they have already been incurred. The customer is expressly permitted to provide evidence that Elian Limousine Service has incurred no or less damage. Elian Limousine Service reserves the right to withdraw from the contract in whole or in part if the customer stops paying, becomes insolvent or if, due to external circumstances, it can be assumed that the services are being used improperly or the customer violates an obligation incumbent upon him under these contractual provisions.
Customer's obligations and liability
The customer shall immediately inform Elian Limousine Service of any change in his name, (billing) address, legal form and bank details. The customer is also obliged to provide the necessary information on passengers, time and place of service provision. If the customer fails to inform immediately, he is liable for damages that would have been avoided had he informed in a timely manner. The customer undertakes, also on behalf of the passengers, not to misuse the services of Elian Limousine Service, in particular
* not to disturb or hinder the performance of the service
* not to cause any damage
* not to violate criminal law
* strictly observe the smoking ban in the vehicle
* not refuse to pay the fare.
If a customer violates the aforementioned obligations, AIRPORT TAXI VIENNA is entitled to take all necessary measures to eliminate the misuse. In the event of culpable violation, the customer is liable to Elian Limousine Service for damages.
Liability of Elian Limousine Service
Elian Limousine-Service is only liable to the customer for damages - regardless of the legal basis - in the event of intent or gross negligence as well as culpable violation of essential contractual obligations by Elian Limousine-Service, its legal representatives or vicarious agents. Liability in the event of injury to life, body or health is governed by the statutory provisions. In the event of property damage, Elian Limousine-Service's liability is limited to € 1,000.00 per passenger. Elian Limousine-Service is not liable for any replacement or additional costs if the passenger is not picked up; this applies to both pick-ups to and from the airport. There is a breach of liability for the vehicles in accordance with the applicable general insurance conditions. The customer must take care of any additional insurance themselves. AIRPORT TAXI VIENNA is not liable for missed appointments and their economic consequences, unless they were caused by Elian Limousine-Service. This includes, for example, delays caused by:
* traffic jams, road closures
* vehicle breakdowns or traffic accidents
* bad weather
Elian Limousine Service accepts no liability towards the customer or passenger for damages resulting from incorrect transmission of data by the customer.
Applicable law and place of jurisdiction
All legal relationships between Elian Limousine Service and its customers are subject exclusively to Austrian law. The place of jurisdiction and performance is Vienna.
Partial invalidity
Should one or more of the above conditions be invalid, the remaining conditions remain unaffected by the invalidity. The statutory provisions shall take the place of invalid clauses.