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Algemene voorwaarden

GENERAL TERMS AND CONDITIONS

§1 General

These terms and conditions for DTA are an integral part of any agreement made with DTA with regards to the DTA services. Furthermore, additional conditions of DTA apply, which for example result from the offers and price lists of DTA. The current terms and conditions shall apply. These are available here on our website for users of DTA in their current version. They are applicable in the version which is valid at the time the booking is concluded. Differing, opposing or supplementary General Terms and Conditions, booking, use, payment or other conditions of the user shall be hereby objected to by DTA; such user conditions shall only be an integral part of the agreement to the extent that DTA has explicitly consented to their validity in writing.

DTA has the right to forward requests of the user to an independently licensed limousine service provider for commercial passenger transportation.

The user is not entitled to assign claims from the contractual relationship without the explicit written consent of DTA to third parties.

§2 Formation of the contract

The user submits a booking request by filling in the booking form and completes the booking process by clicking on the “book ride” button. Before submitting the booking, the user may change, correct and view the data at any time via the buttons “next” and “back”. The booking request can only be issued and transmitted if the user clicks on the “Accept Terms and Conditions” button.

DTA then sends the user an automatic confirmation by e-mail, in which the booking is displayed again. The automatic confirmation e-mail documents that the users booking request has been received by DTA, it does not constitute an acceptance of the booking request. The right of revocation does not apply.

§3 Content of the booking

The transportation service is derived from the booking confirmation by DTA. The prices for the rides apply for a start address and a one-way ride. Additional stopovers are subject to an additional fee according to the current price structure. The rates for hourly or daily bookings are based on the requested time period. The price listed on the confirmation includes the amount of luggage stated in the booking form. For excess baggage and transport of animals additional fees will be charged. Not registered baggage and animals not transported in a closed transport box may not be transported by the limousine service provider.

A free upgrade from the vehicle category „Business Class“ to the vehicle category „First Class“ is possible at all times (also without prior notice).

Exceptional situations such as air traffic controllers strike, bad weather conditions, etc. can also affect the limousine service provider and may lead to longer waiting times or cancelations on short notice. These conditions need to be accepted by the user.

The number of passengers may vary and is dependent on stature and sense of comfort of the passengers. The maximum amount of passengers and luggage stated is therefore non-binding and can only be guaranteed under favorable terms. The chauffeur has the right not to accept passengers if this is required due to space and safety conditions.

Subsequent spontaneous changes of the tour by the customer are possible in general and lead to changed compensation of the tour (see § 4 terms and conditions). If the customer is not the passenger the right of spontaneous changes of the tour switches to the passenger.

In case of hourly bookings the tour has to end within the business district of the pickup address, the minimum booking duration is 2 hours.

§4 Compensation and Payment

The price specified in the booking confirmation is a fixed price including all taxes and fees. The guaranteed reservation price displayed in the booking procedure is calculated from the chosen vehicle class, the distance or the amount of hours, the lead time, the pick up time, and the pick up location. Further special requests such as stopovers, oversize luggage, child safety seats, etc, cannot be guaranteed and may be chargeable. In case of spontaneous changes (distance or amount of hours) the price for the actual total distance or hours (once a half hour has started it can be invoiced, i.e. starting with the first additional minute time will be rounded up to a half hour) will be calculated and charged after completion of the ride in accordance with the current price structure. If the route is shorter than the originally booked distance or number of hours, the original amount will be charged.

In the case of transfers there are no surcharges for waiting times up to 15 minutes. Additional waiting time of over 15 minutes caused by self-inflicted passenger behavior will be charged per minute with a part of the hourly booking prices of the particular business district and vehicle category plus the applicable VAT. This does not apply to flight or train delays for which the customer is not culpable. In general, waiting time starts with the provided pickup time. If your ride starts at the airport, please allow for sufficient time after landing to cross the airport and collect your checked luggage. Waiting times at the baggage claim are therefore self-inflicted waiting times and have to be taken into consideration in the period of time between arrival time and pickup time, otherwise additional costs may occur. In the case of flight delays or earlier flights the new pickup time results from the actual arrival time plus the planned period of time between the planned arrival time and the original pickup time.

In the case of hourly bookings surcharges for additional kilometers (that are the km exceeding the conventional km already included per hour and business district) are charged. The additional kilometer price orientates at the distance based prices of the booked vehicle category and business district plus the applicable VAT.

The user has four options of paying for his trip by credit card online, after transfer credit card, after transfer cash or Ideal. Any transaction fees for bank transfer payments (e.g. due to different currencies or different local bank accounts) are to be borne by the customer.

It is agreed that all invoices are transmitted electronically via web download to the respective customer.

§ 5 Cancelation and rebooking

In the case of transfer rides a cancelation or rebooking is free of charge if there is two hours left until the booked pickup time. The total fare will be charged for cancelation or rebooking, if the driver however already set off towards the pickup location and / or less than two hours is left until the booked pickup time.

Regarding hourly bookings, a cancelation or rebooking is free of charge if more than 24 hours remain between the cancelation or rebooking and the booked pickup time. 50% of the agreed fare will be charged if the driver has not yet set off towards the pickup location / or less than 24 hours remain between the cancelation or rebooking and the booked pickup time. Has the driver already set off towards the pickup location and / or less than one hour remains till the booked pickup time, the total fare will be charged in case of cancelation or rebooking.

In case of cancelation by DTA already paid fares will be refunded. A claim for compensation or additional claims are excluded.

Rebookings are classified as new bookings, i.e. the rebooking is rated as a binding booking request, after which a binding booking confirmation from DTA leads to the conclusion of the contract. The possibility of making short-term changes cannot be guaranteed by DTA.

No-Shows without cancellation will also be charged at 100%. A No-Show is a ride in which the passenger does not appear at the agreed pickup location within 30 minutes after the pickup time, unless it is a pickup at the airport or the train station.At airport and train station pickups your chauffeur waits up to 60 minutes for you. This time startes with the scheduled pickup time, flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. From this rule situations are excluded in which the driver and the passenger have agreed on a different pickup time by phone. If the customer has requested that the chauffeur continue waiting, the customer will be charged per minute according to the DTA rates for the respective business district and the respective vehicle category.

§ 6 Behavior in the vehicle

The regulations of the relevant national Road Traffic Acts apply during the entire ride, particularly the general obligation to wear seat belts. The instructions of the chauffeur must always be followed, the driver has the responsibility to safely perform the ride and is always attentative to the welfare of his passengers. It is prohibited for passengers to open the doors when the vehicle is in motion, to throw objects from the vehicle and/or to stick out body parts or scream out of the vehicle. If you want to operate the equipment or parts of the equipment yourself, a previous instruction by the driver is required.

Smoking is prohibited in the passenger compartment of the vehicles. The costs of infringement must be fully borne by the polluters, plus deprivation of use during the repair.

Bringing food is undesirable. Bringing along and consuming alcoholic beverages is allowed only upon prior arrangement.

§7 Liability and warranty

DTA is not liable for the correctness, reliability, completeness or timeliness of the information content and programs that are broadcasted on the website DeluxeTaxiAmsterdam.com, neither for damages therefrom, unless such damages were caused intentionally or through gross negligence by DTA. This applies to all types of damage, in particular to those caused by errors, delays or interruptions of service, or problems interruption of service, technical faults of the infrastructure, incorrect content, omissions, loss or deletion of data, viruses or any damage that could arise from the use of this online service. DTA is also not liable for the availability and functionality of the features offered.

DTA assumes no responsibility for the content, correctness, legality and effectiveness of third-party websites, which are referred to via links from the website of DTA. Opening of these links is at your own risk.

DTA can not guarantee that the information provided is correct and complete and reach users or drivers in time.

DTA shall not be liable for errors in the quality of access due to force majeure or events for which DTA is not responsible, in particular the failure of communication networks and gateways. DTA shall provide no warranty that the website will function uninterrupted or error free or that any errors will be corrected. At the same time, it cannot guarantee the correctness of the content of the internet site.

A liability for the services provided by the limousine service providers and the drivers is excluded.

DTA shall be held liable for the careful selection and monitoring of limousine service providers only. The amount of the liability is limited to twice the fare of the ride. The user is obliged to make any complaints about the performance of the selected limousine service provider without delay to DTA.

DTA is not liable for theft, loss or damage to property carried in the vehicle. Compensation claims by the user expire at the end of three months after the contractual termination of the contract, provided the claims are not claimed within this period. If the user demands compensation for damages on account of non-fulfillment, the above mentioned period will be one month. After the deadline, the user may only assert claims if he has been prevented (through no fault of his own) from meeting the deadline. All claims for damages are limited to one year after their formation. This does not apply to all claims deriving from impermissible acts.

If DTA discontinues its service permanently or temporarily on important grounds, this does not induce a liability.

DTA is liable, regardless of the legal grounds, only for intent and gross negligence, unless it is the breach of a contractual obligation. For loss of profits, loss of savings, incidental damages and / or consequential damages, DTA is only liable for willful infringement. Except for willful infringement, the liability of DTA shall be limited to damages which were reasonably forseeable at the conclusion of this contract. From the foregoing limitations of liability, the liability remains unaffected for culpable injury to life, limb or health.

§ 8 Obligations of the user

The user of DTA is responsible for ensuring that all the information that has been provided to DTA by himself or by another person on his behalf and / or at his own cost, is complete and accurate. Each use, registration, etc. with a false, fraudulent, speculative or similar purpose is prohibited. The same applies for registration with automated procedures. The user confirms that the transportation services of DTA and the limousine service providers will only be used for legal transactions.

The user indemnifies DTA from all claims and expenses, including making reasonable legal fees, which result from the unlawful use of the DTA service, or breach of these terms and conditions.

If the user is a merchant in terms of the Commercial Code, he has to report obvious defects to DTA within 7 days after he was able to detect the fault. Otherwise, warranty claims are excluded.

The above conditions also apply to employees, legal representatives and agents of DTA, where claims are asserted directly against them.

The user is liable for all damages caused by him to the vehicle and the driver over the legal limit and otherwise in accordance with the regulations.

§ 9 Data Protection

For DTA the protection of privacy and personal data has top priority. Our privacy practices are in accordance with the provisions of the relevant national Data Protection Acts and other provisions of data protection on the Internet. To protect your data against accidental or intentional manipulation, loss, destruction or access by unauthorized persons we use technical and organizational security measures that we continuously improve in accordance with the technical development.

The DTA website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer and allow an analysis of the use of the website. The information generated by the cookie concerning your use of this website (including your IP address) is transmitted to a Google server in the U.S. and stored there. Google may use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other website activity and internet related services. Also, Google may also transfer this information to third parties, unless required by law or if third parties process the information on behalf of Google. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by changing the settings on your browser, however, we would like to point out that in this case you can not use all the features of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purpose described above.

The protection of personal customer data in the collection, processing and use during the visit to the DTA homepage is a major concern to DTA.

By registering, the user agrees to the storage and use of his data by DTA. DTA will store all data as required by law.

Personal data is only given to third parties when it is necessary fort he purpose of processing an agreement – in particular the forwarding of order information to service providers, for invoicing purposes or if the user has given his consent in advance. The user is entitled to withdraw any consent at any time for future effect. Recording and transfer of personal information to government institutions and authorities will only occur within the scope of compelling regulations.

The user agrees to the transmission of his data (user name and phone number) to the limousine service provider for identification reasons. The user agrees to the transmission of data regarding subsequent tour changes (e.g. new routes, waiting times) from the limousine service provider to DTA.

The user agrees to the disclosure of his data for the purpose of fulfillment of the contract or pursuit of legal claims to his respective contractors. The data may not be transmitted to other individuals, except if this takes place within the context of the legal provisions.

All bookings made with DTA can be conveniently paid by credit card. The credit card information needs to be entered and saved only at the first booking, the information is protected from unauthorized access. DTA does not store the information. For storage of the data a certified payment provider, whose systems meet the highest safety standards, such as the PCI DSS standard (Payment Card Industry Data Security Standard), is used. To increase the comfort for recurring transactions, the credit card information are saved for an extended period of up to 13 months by the authorized PCI DSS-certified payment provider.

The user is entitled to receive, upon request and without charge, information about his stored data. Furthermore, the user has the right to correct, delete or block incorrect data. Data for accounting and billing purposes are not affected by a cancelation or deletion.

DTA makes an effort to store personal data by using all technical and organizational methods, so that they are not accessible to third parties. When communicating by e-mail the complete data safety can not be guaranteed by DTA. We recommend sending confidential information by post.

DTA is only liable for a loss of data under the liability according to §7.

§10 Change in service

DTA at all times reserves the right to modify the applications in a reasonable manner, in consideration of the interests of the user, in order to develop them and improve their quality.

In addition, DTA has the right to temporarily or permanently suspend its service on important grounds, even without informing the user individually.

§ 11 Copyright

The contents displayed on all DTA platforms (www.DeluxeTaxiAmsterdam.com) are protected by copyright. Your use is subject to applicable copyrights. The contents of the website may not be modified, copied, republished, transmitted, distributed or stored without the consent of DTA.

DTA is a registered trademark.

§12 Final provisions

DTA has the right to change these terms and conditions. The notification of the change is made by unilateral declaration carried out by the provision of the new terms and conditions on the DTA website. DTA reserves the right to request the approval of all parties when changes are made, and to terminate the user account in the case of lack of approval.

For all legal relationships between DTA and the user the law of the Federal Republic of Germany applies, excluding all international, supra-national legal systems, especially the UN sales law. Place of performance is Berlin. Place of jurisdiction for both contract parties shall be Berlin. For consumers the place of jurisdiction stems from the respective national regulations for consumer protection.

For all legal relationships between DTA and the user the law of the Federal Republic of Germany applies, excluding all international, supra-national legal systems, especially the UN sales law. Place of performance is Berlin. Place of jurisdiction for both contract parties shall be Berlin.

In the event that any provision hereof should be ineffective, this shall not affect the validity of the remainder hereof. Is such a case, the invalid regulations should be reinterpreted or complemented so as to achieve the commercial and/or legal goal. If the invalidity is based on a performance or time specification, it shall be replaced by the by law permitted extent. In the place of the invalid or unenforceable provision or to fill the loophole, a reasonable provision shall apply which insofar as legally possible comes closest to fulfilling the original intention of the parties to the contract had they considered this point upon conclusion of the contract. In the case of a lack of performance and time specifications, the loophole is filled by the legally declared provision.

Status: Amsterdam 2014