General Terms and Conditions (GTC)
I. Scope of Application
(1) All supplies, goods and service and / or transport services (hereinafter:
Services) of AD Car Rental Service GmbH (hereinafter: AD) shall be subject to these General Terms and Conditions (hereinafter: GTC) in this legally valid version The GTC shall apply to all future deliveries and / or services of any kind.
(2) The GTC opposing the GTC of the CLIENT shall be hereby excluded, provided that their validity was not expressly agreed to in writing.
(3) Deviations from the GTC shall be given consent by AD in writing, in advance, for each case in order to confirm their validity, and shall apply only to the respective transaction.
(4) AD staff and drivers are not authorized to submit to agreements of any kind.
(5) In using AD services, the CLIENT and / or transported persons (hereinafter: Passengers) shall comply with these GTC.
II. Basis of Contract / Ordering Online
(1) The basis for services to be provided by AD is each particular telephone call, fax, e-mail and / or a individual order (On-Call) issued via the Internet by the CLIENT, and / or the service agreement concluded with the CLIENT, as well as the data, documents, information and specifications provided by the CLIENT. AD bears no obligations for data, documents and information provided by the CLIENT with regard to any possible ambiguities and omissions, or to check whether they are suitable for their intended purpose.
(2) AD offers of any kind are subject to change
(3) The CLIENT is bound to the contract offer upon making the order. An order is only concluded with confirmation of a service order (booking confirmation) by AD or the actual service provision; silence on the part of AD does not imply acceptance of an order. The CLIENT is obliged to check the order confirmation (booking confirmation) immediately. If the order confirmation (booking confirmation) deviates from the order, it shall be deemed approved as such by the CLIENT, unless the latter notifies immediately to the contrary.
(4) The procedure of an online order (online booking) is such that the CLIENT shall select the requested service (airport travel, etc.) in the first step on the AD web site at the URL: www.airportdriver.at. The second step requires entry of contact and order information, as well as payment (cash, securities or credit card) and the number of persons requiring transport. The third step allows for all order data to be checked as well as dispatch of the order (offer of the CLIENT). The CLIENT shall receive confirmation of a contractual statement receipt along with confirmation number displayed on the screen. The binding order confirmation shall then be sent via e-mail. The order data is stored and transmitted along with the General Terms and Conditions to the CLIENT by e-mail. Typing errors can always be corrected by deleting the incorrect entry in the respective field, or by pressing the “delete” button. The contract language is in German.
(5) In the event of a consumer transaction within the context of the Consumer Protection Act pursuant to Section 5e, the consumer is expected to cancel any order within seven working days from receipt of goods delivery to the consumer, or from the date of the contract conclusion in case of service contracts, according to contract law. Saturdays are not counted as working days. The cancellation need not be substantiated and can be explained in written form; the notification must be dispatched in a timely manner in order to meet the deadline. The right of cancellation does not apply to services which were performed, as agreed with the consumer, within seven working days after concluding the contract.
(6) Service agreements are valid until their cancellation by AD, which can be at any time, unless otherwise agreed upon in writing and the CLIENT is not a consumer within the meaning of Section 1 of the Consumer Protection Act.
III. AD Service Provision
(1) AD provides its services in accordance with the respective individual order (On-Call) and / or concluded service agreement, provided that it is indeed technically possible and legally permissible. The service performance begins and ends principally – except in cases where the actual circumstances may differ – with the date according to order confirmation and time specified therein.
(2) AD shall do its best to provide its services on time and at the agreed time. The CLIENT acknowledges that even with the utmost care and with the best possible coordination of AD resources, the start, implementation and termination of AD services may be delayed, in particular due to unforeseen weather and / or traffic conditions (accidents, congestion, etc.). In order to avoid delays for the above-mentioned reasons, AD is neither obliged to violate regulations such as the Highway Code, in particular, nor to obtain additional resources from third parties and / or to take even the slightest risk.
(3) AD can legitimately refuse to perform services and / or cancel, if for any reason whatsoever and at any time, there may be risk of harm to the CLIENT, Passengers and AD staff and / or resources. In particular, AD has the right to exclude the following persons from services:
- persons suffering from a compulsorily notifiable disease, due to which they are excluded from public transport vehicle carriages (Kfl-BefBed), or are a nuisance due to predictable reasons such as drunkenness, inappropriate behaviour or harassing other Passengers, as well as persons who could contaminate other Passengers in the vehicle by their external condition.
- children under six years of age without an escort; a child over the full age of six can function as an escort. AD staff is not obliged to carry out child guardianship duties. General Terms and Conditions (GTC) of AD Car Rental Service GmbH, 1230 Vienna, Zetschegasse 15
(4) AD is entitled to reject the transfer of luggage, provided that insufficient space is available for proper accommodation. The following items shall be excluded from transport as baggage:
- those exceeding the maximum allowable gross weight for each vehicle individually or as a whole,
- those that can not be loaded because of their nature or the size.
(5) Baggage and other items must not be left in the vehicle, even if the vehicle is left only for a short term.
(6) Forgotten or lost luggage, or other such items, can be stored in AD business premises for a period of 3 weeks after the initial provision of service. These items will be issued to the owner upon proof of ownership. If the situation is not resolved within the above period, or proof of ownership cannot be provided, AD shall proceed in accordance with the provisions of the Civil Code for lost property. In conflicting property statements, AD is entitled to deposit luggage and other items pursuant to Section 1425 of the Civil Code before the competent court.
(7) AD takes no responsibility for any loss or damage that may have been due to poor packaging or the specific nature of the goods.
(8) Dogs and other animals shall be transported only if they can be transported without hazard to and / or harassment of Passengers, and AD staff and / or resources. Muzzles shall be brought along with the dog, and used upon request by AD staff.
IV. Obligations of the CLIENT
(1) Provision of AD services requires an appropriate and timely involvement by the CLIENT. The CLIENT is therefore obliged to take measures which enable timely and safe service provision by AD. The CLIENT shall, in particular,
- specify correct and complete addresses, flight numbers, departure and pick up times, as well as any changes,
- comply with the specified collection address and pick-up time,
- use vehicles carefully, and for safety reasons, refrain from behaviour damaging to the respective functioning operation,
- refrain from actions that are likely to hinder and / or endanger AD staff in the performance of their duties,
- impede AD staff during the steering of a vehicle,
- not to smoke in the vehicles, and
- comply with AD staff instructions in all matters pertaining to vehicle use.
(2) In case of delay / incapacitation of the Passengers, the waiting time shall be up to 30 minutes at the discretion of AD. After expiration of the first 15 minutes, AD is authorized to charge the CLIENT an additional waiting fee of € 9 including VAT for each respective 15 minutes. AD is authorized to charge an amount of € 9 for each additional address in the same district of the respective valid zone, € 11 for another district of the respective valid zone, and € 15 in the next nearest zone (max. 10 km) of the current valid region. Definition of additional address: additional stop combined with entry or exit of at least one Passenger.
(3) In the event of a flight delay and / or change in the flight schedule, with regard to pick-up, the CLIENT is not obligated to communicate this to AD unless it is necessary for the provision of services by AD. In the case of airport pick-up, it is at the discretion of AD stationary waiting time of 30 minutes after arrival. This provision also applies to the use of other means of transportation.
(4) Upon completion of the service, luggage and other items shall be examined for completeness in order to ensure that there is no damage. Loss of or damage to luggage and items, and any other claims of loss, must be made in writing to AD management within 2 days after the end of the service provision.
(5) In the event of contamination, damage and / or destruction of AD resources by Passengers, the Client is liable, in accordance with his own negligence, for the conveyed Passengers and / or luggage related to his [service] order. He is required to replace the related damage completely.
V. Service Charge / Payment Conditions
(1) In the event of an individual order (On-Call), the order rates and packages agreed upon at the time of the order shall apply as the valid service fee. In the case of a service agreement, the service fee shall be set by the respective concluded service agreement.
(2) Unless otherwise agreed upon in writing, the service fee for service delivery shall be paid in retrospect directly in the manner specified by AD (cash, securities and / or credit card). Otherwise, the net service fee is payable immediately after invoicing, without any deductions and without any discount for the recipient.
(3) Unless otherwise agreed upon in writing, all prices are in EUR and include VAT.
(4) Fees are also due to AD in their entirety if execution of the order is unfulfilled for reasons that are not located within the sphere of AD; credit provisions of Section 1155 para 1 and Section 1168 para 1 of the Civil Code are also waived.
(5) Unless an obligation is agreed upon in writing, AD prices are non-binding. AD is by all means entitled to request the CLIENT for an increase in payment in the event of an increase in relevant materials, transportation or supply prices, and the increase in personnel costs due to mandatory provisions.
(6) AD is entitled to issue interim invoices.
(7) In the event of delayed payment, the CLIENT is required to pay default interest at the rate of 8% above the base rate of the European Central Bank, and at least 1% per month. Possibly granted discounts, rebates or other concessions shall not be considered valid for payment default or in the event of insolvency proceedings against the CLIENT. In case of default, the CLIENT agrees to pay to recover the debt of necessary costs, such as attorney and collection fees. General Terms and Conditions (GTC) of AD Car Rental Service GmbH, 1230 Vienna, Zetschegasse 15
(8) The CLIENT is not entitled to withhold payments due to warranty claims or other counter-claims not recognized by AD. CLIENT counterclaims may not be offset by the CLIENT against AD claims, whether judicially or extra-judicially.
(9) If a significant deterioration in the financial balance of the CLIENT occurs, or the CLIENT has no unobjectionable credit reports, or the CLIENT is more than 3 weeks in arrears despite the due date and reminder, AD is entitled to cease all activities henceforth for service provision against prior payment, or withdraw from the contract.
(10) No charges will be invoiced if the cancellation (withdrawal of the customer) is submitted to our company prior to the start of the booked service.
In all other cases cancellation fees are due as follow:
– Cancellation during vehicle´s drive to the client: 50% of the agreed transfer price
– Cancellation or non-utilization of the service when vehicle already located at pick-up address: 100% of the agreed transfer price
The above stated terms of cancellation also apply to customer´s partial cancellations, whereby the mentioned cancellation fees refer to the cancelled part of the service.
VI. Warranty / Damage Compensation
(1) Our information about waiting times or dates of arrival are non-binding. A fee reduction or refund of charges shall not apply if delays in departure and / or arrival were not caused by AD (Section III para 2 of these GTC). Force majeure and its consequences free AD from providing transport services. Force majeure also expressly applies to traffic jams. The following provisions shall apply in the event of negligence:
(2) AD liability with regard to Passengers is limited on the basis of detectable damage, either intentional or at least grossly negligent. The burden of proof for the existence of intent or gross negligence is on the Passenger, unless this is not a consumer as defined in Section 1 of the Consumer Protection Act.
(3) Liability for slight negligence, compensation for consequential damages, delay, financial loss, loss of profits and damages by third parties arising from claims against the Passenger, shall be excluded in every case.
(4) Claims of compensation for damages and other losses shall, in any case, be made within one year from service provision at the latest by a judicial process.
(5) The Passenger acknowledges that all luggage and other items are insured by €30,000.00 per order. Additional insurance is available upon request of the passenger. AD liability is in any event confined to this amount.
(6) The above limitations do not apply to AD bodily injury and / or health or loss of life. The resulting amount of such damages is limited to € 10,000,000.00 per event, if the damages are due to injury and / or loss of life with the respective (car) insurance and / or accident insurance.
(7) The afore-mentioned limitations on liability shall also apply to third parties, with regard to personal injury caused by AD in accordance with Section 1313a of the General Civil Code.
VII. Subcontractors / Substitution
(1) AD is entitled to use the services of third parties either as subcontractors or for substitution (e.g. car rental companies) in the fulfilment of the obverse contractual obligations to the CLIENT. In the event of the latter, AD liability is limited to the careful selection of the third party, and it shall assume no responsibility and / or liability for the services provided by the third party.
VIII. Data Protection
(1) In the event of a contract conclusion, AD shall collect and process the personal data made available by the CLIENT in the AD system, and use it for the duration of the contract, i.e. for order processing and billing. Personal information means any information, pursuant to which any person may be identified either directly or indirectly, e.g. name, address, e-mail address, date of birth, occupation, account details, etc.
Any special requests (such as smoking / non-smoking) are identified and processed when making a booking. We create and use anonymous user profiles for the purpose of advertising, market research and customising our offers.
(2) The CLIENT may at any time request the rectification, erasure and blocking of AD-stored personal data.
(3) For the purpose and duration of the credit check in order to avoid payment defaults by the CLIENT required therefor, AD shall pass the personal data on to the company contracted by it (name and address).
(4) Each of the above-mentioned points regarding further collection, processing and use of personal data requires the consent of the CLIENT. The CLIENT shall have the right to withdraw consent at any time with effect for future services by AD for the CLIENT, by sending an e-mail to firstname.lastname@example.org. We issue information free of charge to the CLIENT with regard to any personal information we hold.
IX. Miscellaneous General Terms and Conditions (GTC) of AD Car Rental Service GmbH, 1230 Vienna, Zetschegasse 15
(1) AD commitments or changes to this contract must be confirmed in writing for each case to be legally valid, and are valid only for that specific transaction.
(2) As long as a written form is provided for the valid requirement, transmission by fax or email is also sufficient for this requirement.
(3) Notifications by AD to the CLIENT shall be sent to the CLIENT in writing at his last known address. The CLIENT is obliged to give AD any changes in address, failing which, notifications sent to the known address shall be deemed as received.
(4) Inefficacy or invalidity of individual provisions of these Terms and Conditions do not invalidate the remaining regulations and provisions of these Terms and Conditions of the concluded contract. In such a case, those terms shall apply as agreed, are legally valid and arise for the purpose of the invalid or ineffective provisions, whichever is closest.
X. Place of Execution / Jurisdiction
(1) AD headquarters shall be the place of execution of all resulting obligations for the CLIENT, unless otherwise agreed to in writing.
(2) Substantive Austrian law shall apply to all claims and disputes arising in connection with the concluded contract; provisions subject to UN purchasing law shall be waived. 1040 Vienna is determined as the exclusive judicial venue for a competent court.