General Terms and Conditions of Transport
Whenever a passenger transport is booked using Talixo, the following terms and conditions shall apply to the provision of passenger transports by the party liable to carry out such transport (hereinafter referred to as the "PROVIDER" or "PROVIDERS") to the party entitled to utilise the transport service (hereinafter referred to as the "USER" or "USERS") and to the conclusion of a contract between the PROVIDER and USER regarding such service:
Art. 1 Special Booking Details
The USER is informed that (s)he is required to provide certain booking details to the PROVIDER via TALIXO, as otherwise the right to refuse transport applies. In particular, this includes the following data:
- number and weight of children to be transported. Children up to their 12th birthday or with a height of up to 150 cm shall be secured in an officially approved child seat subject to road traffic regulations,
- any bulky luggage such as skiing or golf luggage,
- the number of passengers to be transported,
- subject to taxi fare regulations (Taxitarifordnung), users travelling with babies shall provide baby car seats of group 0 or 0+ themselves.
Child seats are supplied by the PROVIDER based on the above details.
Art. 2 Arrangement and Transport Procedure
(1) The USER is required to attend the agreed place at the agreed time after receiving the binding booking confirmation.
(2) The USER shall identify him/herself by providing individual booking details as requested by the taxi driver/rental car driver and shall authorise payment at the end of a trip by his/her signature or providing his/her TALIXO PIN number specially generated for the individual trip.
(3) Any booking changes shall be reported to the PROVIDER via TALIXO without delay. Additional costs shall be incurred for late rescheduling (see Art. 4.1).
(4) Should the PROVIDER be unable to carry out the trip booked due to events of force majeure, the PROVIDER reserves the right to engage a substitute driver with an equivalent substitute vehicle to carry out the transport. The USER shall be notified thereof by a renewed confirmation text message and email.
Art. 3 Prices, Fees and Terms of Payment
(1) Regarding any fees for transport services rendered by a taxi company, the applicable statutory taxi fare regulations (Taxitarifordnung) shall constitute the calculation basis for the fee incurred for the transport service rendered by the PROVIDER. The fee in the territory of application of the relevant regional taxi fare regulations shall be governed by the amount on the taximeter and other surcharges in accordance with the taxi fare regulations.
(2) As regards any fees for transport services rendered by a rental car company, the PROVIDER, by accepting the transport service on Talixo, undertakes to carry out the trip at the price offered there. The price stated there is based on the price structure defined by the PROVIDER and is a fixed price. Not included are any other fees that may be incurred (particularly including charges for parking, road tolls, waiting times spent etc.).
(3) The fixed price shall not cover any costs caused by the USER and incurred as a result of route changes prompted by the USER (in particular, extending the distance travelled), additional waiting times or any other extra costs or services such as additional parking fees, additional luggage and 'via' trips (additional collections/stops en route). If a booking is changed after the defined time limits, additional costs may be incurred (particularly in the event of route changes, 'via' trips and changes in pick-up times, see Art. 4.2).
Art. 4 Breaches of Transport Contracts and Their Consequences
Art. 4.1 Cancellation and Rescheduling of Trips by USERS
(1) If the PROVIDER is a taxi company, bookings may be cancelled or rescheduled by the USER free of charge until the scheduled departure time. After that, cancellation and rescheduling shall no longer be possible and a non-attendance fee subject to the taxi fare regulations shall be charged.
(2) If a booking for a rental car company is cancelled or rescheduled, a difference is made between the time limit for cancellation and the time limit for rescheduling:
(2a) The time limit for cancellation is 24 hours before the scheduled departure time. Rescheduling is free of charge prior to the time limit for cancellation. For a cancellation, however, a service fee of EUR 1 shall be charged. After the time limit for cancellation has passed, the full fare for the booking will be charged in the event of a cancellation. Rescheduling is then possible for a fee of EUR 5 after the time limit for cancellation unless the time limit for rescheduling has also passed.
(2b) The time limit for rescheduling is 2 hours before the scheduled departure time. After the time limit for rescheduling has passed, the booking can no longer be changed and the full fare for the booking will be charged.
(3) If the booking is rescheduled either before or after he aforesaid time limits, the fare may be recalculated and a new PROVIDER may be defined if appropriate. This depends on the details of rescheduling and availability of the PROVIDER. The USER shall be immediately notified of any changes in the rescheduled booking.
(4) No extra costs will be charged for any changes in the travel time due to the late departure or arrival of a plane, coach, bus or train. The USER shall notify the PROVIDER of such delays without delay.
Art. 4.2 Late Arrival and Non-attendance of USER
(1) The USER shall contact the driver if (s)he is late.
(2) If the PROVIDER is a taxi company, waiting time and non-attendance fees will be charged to the USER in accordance with the applicable taxi fare regulations. For example, the base charge plus 15 minutes waiting time will be charged as a flat fee in case of non-attendance.
(3) If the PROVIDER is a rental car company, the waiting-time fees set by the PROVIDER shall be charged after the waiting time included in the fare (depending on the place of pick-up and booking class) has passed. In the event of non-attendance without prior cancellation, the PROVIDER may charge the full fare to the USER.
Art. 4.3 Exceptional Situations
(1) If an inevitable event occurs (e.g. the vehicle stops working etc.), the PROVIDER reserves the right to use the next best replacement vehicle. In this event it may become impossible in some cases for booking classes to be observed (e.g. Taxi instead of Business Class).
(2) In these exceptional situations, the PROVIDER also reserves the right to cancel bookings. Any charges already paid shall be refunded in this case. No claim for damages and no further claims shall exist.
Art. 5 Liability
(1) With the exception of liability under the product liability act (Produkthaftungsgesetz) and due to an injury to life, limb or health, the liability of the PROVIDER shall be restricted or excluded as follows:
In the event of negligence, the liability of the PROVIDER shall be restricted to compensation for the typical foreseeable damage. In the event of slight negligence, however, the PROVIDER shall only be liable if it has breached any duty whose fulfilment is a precondition for the proper performance of the contract and, in particular, for the use of the booking platform in a manner that is commercially appropriate with regard to both parties' interests, and on whose fulfilment the USER may rely.
(2) The aforesaid restrictions shall also apply in favour of the PROVIDER's statutory representatives and persons employed by the PROVIDER in performing its obligations if any claims are asserted directly against it.