General Terms and Conditions
1. Subject Matter of the Agreement
The provision of nostalgic journeys and historical events in accordance with a detailed service agreement concluded between the Contractor (Oldie Chauffeur) and the Client (customer).
2. Duties of the Contractor
Prior to the performance of the services, the Client shall provide the Contractor with any and all relevant information and special features required for the smooth execution of the order.
3. Duties of the Client
Prior to the performance of the services, the Client shall provide the Contractor with any and all relevant information and special features required for the smooth execution of the order.
Terms of payment
Any and all services shall be payable in advance at least 14 days before the date on which the service is to be provided. Any deviating terms of payment which have been mutually confirmed in writing shall be excluded from this provision on advance payment.
Children
Children under the age of 12 years or under 120cm in height shall not be allowed to ride in our historic vehicles. This provision shall not apply to journeys in our modern support vehicles to be contractually agreed and confirmed separately in exceptional cases.
4. Liability
The Contractor shall only be liable for damage caused by it or its personnel in the performance of the subject matter of this Agreement. It shall only be liable in the event of wilful damage or damage caused by negligence.
The Contractor shall only be liable for damage caused by it or its personnel in the performance of the subject matter of this Agreement. It shall only be liable in the event of wilful damage or damage caused by gross negligence.
The Contractor shall not be liable for any indirect (consequential) damage. As a result, no liability shall arise in particular from late arrival or a delay in the provision of services as a result of defects in vehicles or other aids, as well as delays caused by traffic (in particular traffic jams).
Likewise, no liability shall arise for any and all damage which primarily constitutes economic, but also other consequential damage, such as in particular usage and operational losses as well as other losses, demurrage or stall fees, interest, exchange rate and price losses, lost profit, missed enjoyment, etc.)
Our vehicles are covered by road traffic insurance valid in Switzerland and Europe in accordance with the legal requirements. Subject to mandatory statutory provisions or other written agreements, the Contractor shall be liable for its activity “Carriage of passengers by vehicles (taxi/coach companies), performance of nostalgic journeys” entirely and exclusively up to an amount of CHF 10 million for personal injury and damage to property.
5. Notice of Defects
Any complaints must be reported to the Contractor and confirmed in writing within three days at the latest. Any damage must be reported to the Contractor in writing as soon as it becomes apparent, but no later than within three days of the provision of the service. No complaints can be considered after this period has expired.
6. Warranty
The classic car season normally runs from mid-May until the end of September. Depending on the weather, it may happen that planned journeys cannot be carried out. We care for our passengers and our historic vehicles. Therefore, as a general rule, we do not drive if there is still de-icing salt on the roads. We avoid motorways and if possible also highways - there we drive often enough with our own vehicle.
Breakdown
Our historic vehicles are optimally serviced by our external team of mechanics. Nevertheless it may occur that a vehicle breaks down and cannot continue driving. Ideally, the driver will be able to repair the vehicle himself on site. If not, our classic car will be towed using our support vehicle and/or racing car transporter and we will take you back to the starting point. As a result of the termination, the booked journey shall be deemed as not having been carried out. The Client shall be entitled to a repetition of the journey. Date based on prior agreement, ideally at the agreed alternative date. Any further warranty and liability for consequential damages shall be excluded.
Cancellation
Depending on the weather conditions and vehicle, journeys may be cancelled by the Contractor up to 2 hours before the start. The already paid amount will not be refunded. The Client shall be entitled to a repetition of the journey. Date based on prior agreement, ideally at the agreed alternative date.
If the Client cancels a trip, the already paid amount will not be refunded. The Client shall be entitled to have a new date arranged based on prior agreement, ideally at the agreed alternative date.
7. Miscellaneous
The lead time for planning and carefully preparing the provision of our service is a minimum of 4 weeks. Exceptions only following written agreement. In principle, only one of our vehicles is available per event or journey because Oldie-Chauffeur driver Ruedi can only drive one classic car.
Scope of services
Any and all services shall be invoiced in Swiss francs. The quoted prices are inclusive of the Swiss value-added tax of 7.7%. Our VAT number is CHE-133.734.523 (BASERU Immo AG, Lucerne). We do not charge any surcharges for Saturdays, Sundays or public holidays according to the Canton of Lucerne or for night trips.
Prices
The quoted prices shall be deemed to be all-in prices. Unless otherwise defined and confirmed in writing, the following services are included in the round trips: basic lump sum, kilometre allowance, petrol, driver, ferry fees for the route Beckenried-Gersau / Gersau-Beckenried for our vehicle, the driver and the passengers, one 0.5 litre bottle of natural mineral water per passenger. Any further consumptions, restaurant visits, overnight stays at hotels, etc. are not included in the price.
Journey time
The given journey times shall be deemed to be approximate guidelines. They depend on traffic, weather and photo stops. We enjoy the journey together with our customers, even if it takes a little longer - we do not charge anything extra.
8. Place of Jurisdiction
The place of jurisdiction for any and all claims arising from the concluded Agreement shall be the legal domicile of the company Oldie-Chauffeur c/o BASERU Immo AG. Swiss law shall apply.
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AGB Oldie Chauffeur, 11.06.2019
Bank details
IBAN CH09 0077 8204 8406 5200 1
Konto: BASERU Immo AG
Luzerner Kantonalbank AG, CH-6048 Horw
Note: Oldie Chauffeur, customer name