General terms and conditions

1. Scope

1.1 These general terms and conditions (“GTC”) apply to all contracts for chauffeur, transfer and shuttle services between DCP Solutions GmbH, Vaterstettenerstr. 9A, 85598 Baldham, which operates under the brand AYDEN Chauffeurs & Limousines (“AYDEN”), and its clients.

1.2 Clients are entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law as well as consumers within the meaning of § 13 BGB (“client”). A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a person who, when concluding the contract, acts in the exercise of their trade, business or profession. Provisions that apply only to entrepreneurs or only to consumers are marked as such. A passenger may also be a person designated by the client; the client shall ensure that its passengers comply with these GTC.

1.3 General terms and conditions of the client apply only if AYDEN has expressly agreed to them in text form (e.g. email). This also applies if AYDEN provides services in the knowledge of deviating terms.

1.4 Individual agreements, in particular in an offer or a booking confirmation, take precedence over these GTC.

2. AYDEN’s services

2.1 AYDEN carries passengers with a chauffeur in premium vehicles, in particular as a door-to-door transfer, as an airport transfer, as an hourly booking and as a shuttle for events, trade fairs and roadshows. The exact scope of services is set out in the booking confirmation or the offer.

2.2 AYDEN provides the services with its own vehicles and chauffeurs or engages carefully selected partner companies at the respective location for this purpose. In both cases, the client’s contractual partner is AYDEN. All companies engaged hold the licences and insurance required for commercial passenger transport.

3. Booking and conclusion of contract

3.1 By submitting a booking via the price calculator, by email, by telephone or via other channels, the client makes a binding offer. AYDEN first confirms receipt. The contract is concluded only upon AYDEN’s booking confirmation in text form (usually by email).

3.2 Offers from AYDEN, for example for events, trade fairs, roadshows or groups, are subject to change unless they are expressly designated as binding. If the client accepts an offer, the contract is concluded upon AYDEN’s order confirmation in text form.

3.3 The client is responsible for ensuring that its information is complete and accurate, in particular the pick-up location, pick-up time, destination, number of passengers and items of luggage, flight or train number and the passengers’ contact details.

3.4 For consumers: there is no statutory right of withdrawal for contracts for the carriage of passengers (§ 312(2) no. 14 BGB). Cancellation under clause 8 remains unaffected.

4. Vehicles

4.1 The client books a vehicle class (First Class, Business Class, Business Van, SUV or Sprinter), not a specific vehicle model. Vehicles shown are examples; depending on the location, the model used may differ.

4.2 AYDEN may use a vehicle of a higher class at no additional cost to the client.

4.3 The stated maximum numbers of passengers and items of luggage are guide values. The chauffeur may refuse carriage insofar as the permissible capacity or payload of the vehicle would be exceeded.

5. Pick-up, waiting time and course of the journey

5.1 The pick-up time stated in the booking confirmation is decisive. If, for a pick-up at an airport or long-distance railway station, the client has provided the correct flight or train number, the pick-up is based on the actual arrival time.

5.2 At Munich Airport, 45 minutes of waiting time from the actual landing are included in the fixed price. Included waiting times at other locations are set out in the booking confirmation. Waiting times beyond this, detours, intermediate stops and other changes at the passenger’s request may be charged additionally.

5.3 For hourly bookings, the booking period begins at the agreed pick-up time. If the journey exceeds the booked duration or the included kilometres, the additional effort will be charged additionally.

5.4 If the passenger does not appear at the agreed pick-up location within the waiting time included in the price and cannot be reached, this is deemed a no-show (clause 8.4).

5.5 If a service is delayed or prevented by circumstances for which AYDEN is not responsible (for example force majeure, severe weather, strikes, official measures, exceptional traffic conditions or delays of flight and rail connections), AYDEN is released from its obligation to perform for the duration of the impediment. AYDEN will inform the client without undue delay.

6. Obligations of the client and the passengers

6.1 Excess luggage, bulky luggage, animals and the carriage of children must be stated when booking. For children, their number and age must be stated so that AYDEN can provide suitable child seats. The chauffeur may refuse luggage, animals or items that have not been notified, unless there is a statutory obligation to carry them.

6.2 Seat belts must be worn in the vehicle; smoking is not permitted. The chauffeur’s instructions must be followed insofar as they serve safety.

6.3 The chauffeur may refuse or terminate the carriage of passengers who are visibly under the influence of alcohol or drugs, who endanger safety or who threaten or harass the chauffeur or third parties. In this case, AYDEN retains its claim to the agreed remuneration but must credit any expenses saved.

6.4 The client is liable for damage to and exceptional soiling of the vehicle culpably caused by its passengers, including the costs of cleaning and downtime.

7. Prices and payment

7.1 The prices set out in the booking confirmation or the offer apply. Prices in the price calculator are fixed prices and include statutory VAT. Offers to entrepreneurs may state net prices plus statutory VAT; this is indicated in the offer. Towards consumers, AYDEN always states total prices including statutory VAT.

7.2 The client pays by credit card when booking or on invoice by bank transfer. Invoices are transmitted electronically as a PDF and are payable without deduction within 7 days of the invoice date. Services for events are invoiced only; payment by credit card is not available for them.

7.3 Payment transaction costs on the client’s side, such as bank charges or costs of returned direct debits for which the client is responsible, shall be borne by the client.

7.4 If the client is in default of payment, the statutory provisions apply. AYDEN may then make further services conditional on advance payment. The same applies if, after conclusion of the contract, it becomes apparent that payment is at risk.

7.5 For events with an order value of €5,000 net or more, a deposit of 50% of the quoted price is due no later than 14 days before the first agreed service. If an event is ordered less than 14 days before the first service, the deposit is due immediately upon the order confirmation.

8. Cancellation and changes

8.1 Cancellations and changes must be notified in text form (for example by email to mail@rideayden.com). The time of receipt by AYDEN, measured against the agreed pick-up time, is decisive.

8.2 Journeys booked via the website or the price calculator may be cancelled by the client free of charge up to 48 hours before the agreed pick-up time. In the event of a later cancellation, the agreed price will be charged in full.

8.3 For services under individual offers, in particular events, trade fairs, roadshows and group journeys, the following applies unless the offer provides otherwise:

• up to 48 hours before the agreed pick-up time: free of charge
• less than 48 hours before the agreed pick-up time: 50 % of the agreed price
• less than 24 hours before the agreed pick-up time: 100 % of the agreed price

8.4 In the event of a no-show by the passenger (clause 5.4), the agreed price will be charged in full.

8.5 The client reserves the right to prove that AYDEN has incurred no loss or a significantly lower loss, for example because AYDEN saved expenses or deployed the vehicle and chauffeur elsewhere.

8.6 AYDEN will implement changes after conclusion of the contract insofar as vehicles and chauffeurs are available. Any resulting additional effort may be charged additionally.

9. Liability

9.1 AYDEN is liable without limitation for intent and gross negligence, for injury to life, body or health and in accordance with mandatory statutory provisions, in particular the Personenbeförderungsgesetz (PBefG, German Passenger Transport Act) and the Straßenverkehrsgesetz (StVG, German Road Traffic Act).

9.2 In the event of slight negligence, AYDEN is liable only for the breach of material contractual obligations, i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the client may regularly rely. Liability is then limited to the foreseeable damage typical for the contract.

9.3 Otherwise, liability is excluded. This applies in particular to indirect damage such as missed flights, missed appointments or lost profit, unless clause 9.1 or 9.2 applies.

9.4 The liability provisions also apply for the benefit of AYDEN’s employees, chauffeurs and partner companies.

9.5 AYDEN assumes no duty of safekeeping for items left in the vehicle. AYDEN will endeavour to return items found to the client.

10. Set-off and retention

The client may only set off claims that are undisputed or have been finally established by a court, or claims arising from the same contractual relationship. The client is entitled to a right of retention only insofar as its counterclaim is based on the same contractual relationship.

11. Data protection

AYDEN processes personal data of the client and the passengers in accordance with the privacy policy, which is available at rideayden.com/en/privacy-policy/.

12. Final provisions

12.1 If the client is an entrepreneur, amendments and additions to the contract must be made in text form. The precedence of individual agreements (clause 1.4) remains unaffected.

12.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the client is a consumer, this choice of law applies only insofar as it does not deprive the client of the protection afforded by mandatory provisions of the law of the state in which the client has their habitual residence.

12.3 If the client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is Munich. Otherwise, the statutory places of jurisdiction apply.

12.4 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.

12.5 AYDEN is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.