Andrees & Gerling GmbH
Geschäftsführer: Christoph Andrees und Peter Gerling
Registergericht: AG Düsseldorf
Aktenzeichen HRB 79377
All services provided by Driver Company shall be governed by the terms and conditions set forth herein, superseding and replacing allprior commitments, undertakings or representations.
The owner of Andrees & Gerling GmbH shall not be required to provide any services personally. In the case of conflicting bookings and/or events or circumstances that arise at short notice and which may frustrate or inhibit the performance of the services by Andrees & Gerling GmbH, Andrees & Gerling GmbH reserves the right to employ other drivers or companies to deliver the services, or to subcontract these services to such drivers and/or companies for fullfilment.
3. Night driving and chauffeur services
These services involve the transportation of a person or persons in their own vehicle. Customers may engage the services from any place they choose. All Andrees & Gerling GmbH chauffeurs are required to observe the German Road Traffic Regulations [Straßenverkehrsordnung – StVO]. In the event that a customer acts or behaves in a manner that is contrary to these regulations or endangers the safety of road users, Andrees & Gerling GmbH shall be entitled to terminate the Contract forthwith; any costs incurred through such an action to terminate shall be borne by the
4. Insurance and liability
The Customer undertakes to insure the vehicle he or she provides on a comprehensive basis [Vollkasko] and to the full extent required for Andrees & Gerling GmbH to perform its obligations set down in the Contract. Should the customer elect not to insure the vehicle on a comprehensive policy, he or she shall indemnify Andrees & Gerling GmbH against all losses, claims, demands, actions and liabilities which Andrees & Gerling GmbH, its employees or its vicarious agents (“Contractors”) may incur by reason of gross negligence. Where the Contractor has not acted willfully or knowingly nor is grossly negligent, the customer shallbe liable to pay any excesses demanded by his or her insurance company and any costs associated with a rise in the customer’s insurance premium. The vehicle must not possess any faults or defects whatsoever that would impinge upon its suitability for use on the road as per the German Road Traffic Regulations. An assessment by the driver as to the
vehicle’s conformity with the German Road Traffic Regulations shall not discharge this duty. The customer shall be responsible for providing or obtaining the requisite accompanying documents (e.g. certificate of registration, etc.) and shall be liable for all costs associated with technical faults or defects with the vehicle and/or inadequate accompanying documentation. Andrees & Gerling GmbH liability shall be limited to the amount of cover provided by its commercial liability insurance policy [Betriebshaftpflichtversicherung] and shall not extend to events or circumstances that fall outside the scope of the aforementioned policy. The customer or the person or persons to whom the vehicle is returned in accordance with the Contract undertakes to inspect the vehicle upon its return or at the end of the journey. The driver must be notified without delay of any damages, faults, defects or other alleged problems with the vehicle that are attributable to the performance of this Contract. Any claim for damages, for which notice has not been served in a timely manner, is hereby excluded.
6. Cancellation periods
Any transport services that have been agreed (in the case of fixed reservations) may only be cancelled by the customer with the following notice periods:
7-6 days beforehand – 25% of the amount agreed at the time of booking;
5-3 days beforehand – 50% of the amount agreed at the time of booking;
2 days beforehand – 75% of the amount agreed at the time of booking;
24 hours’ notice or less – 100% of the amount agreed at the time of booking. Cancellation must be made in writing. Furthermore, the Contractor is entitled to seek appropriate compensation, even if the customer is not
7. Force majeure
Driver Company shall be relieved of its obligations arising from this Contract in the event of industrial action, technical breakdowns, natural disasters or extreme weather conditions, lockouts or other such force majior events. During winter months, particularly where there is a risk posed by ice and/or snow, confirmed bookings may not be honored for safety reasons. The ultimate decision as to whether or not to honor a confirmed booking shall rest with the agents of Andrees & Gerling GmbH.
8. Ineffective contractual terms
Should one or more provisions of this Contract be or become ineffective or void, this shall not affect the validity of the remaining provisions. The Parties hereby undertake to replace the ineffective or void provision or provisions with a new provision which achieves the commercial intentions of the ineffective or void provision or provisions in such a way as to be legally enforceable. The foregoing shall also apply in cases where the Contract is found to contain an omission or omissions. The Parties undertake to rectify this omission or these omissions by working towards the establishment of an effective term which comes closest to the aims and intentions of the Parties were they to have considered and included such at the time of signing.
These terms and conditions shall be supplemented by any statutory obligations arising under German Law. Andrees & Gerling GmbH reserves the right to change these terms and conditions at any time. The place of jurisdiction for any legal disputes arising under this Contract shall be Ratingen, Germany, where Andrees & Gerling GmbH has its registered office.