General terms and conditions Alpeneuro München

(as of September 2016)

1.     Subject of General Terms and Conditions

2.     Registration and Right of Use

3.     Conclusion of Individual Agreements

4.      Obligations of Alpeneuro

5.     Fares –Payment Methods

6.     Cancellation – Waiting Time – Late & No Show Customers

7.     Shuttle Transfer – Joined Transfer 

8.     How to Act While in a Vehicle

9.     Responsibility of Alpeneuro

10.  Responsibility of the Customer

11.  Luggage – Luggage Carried on Free of Charge / Capacity of Luggage Compartment

12.   Login Data

13.  Force Majeure

14.  Privacy

15.  Changes in General Terms and Conditions

16.  Jurisdiction

1.  Subject of General Terms and Conditions

1.1         Alpeneuro Mobility (Hermann-BöckerßStr. 3, 85221 Dachau) (hereinafter referred to as "Alpeneuro") is a concessionary car rental company which provides commercial transportation by passenger cars according to § 49 of the Passenger Transportation Act.

1.2         These General Terms and Conditions (hereinafter referred to as "GTC") shall govern business relationship between Alpeneuro and the customers who order transfers at Alpeneuro. GTC shall be considered valid until amended with regard to all individual agreements for transportation of passengers by passenger cars concluded between the customer and Alpeneuro.

1.3         If these GTC contradict the requirements of renters or any other third party entering into a business relationship with Alpeneuro, these GTC shall prevail even if Alpeneuro meets the requirements of a renter or any third party.

1.4         Before requesting a service offered on our website, please make sure that you have read and understood these GTC, as they are used in all subsequent agreements. By booking a service, you confirm that you have read these GTC and have a legal authority to accept them on your behalf, and on behalf of all passengers. If you do not understand any of the terms and conditions of the agreement, we strongly recommend you to contact our customer service before proceeding with your booking. If you do not agree with these conditions, unfortunately, you cannot book our services.

2.  Registration and Right of Use

2.1         Our customers can be private individuals and legal entities aged 18 or older. When booking our services online, please make sure that all details are entered correctly and the payment can be made in full.

2.2.       When registering, the customer shall enter reliable, valid, and complete data requested in the registration form, and in particular, enter his/her full name and email address.

2.3         It is necessary to check if the entered data is valid and correct. Multiple registration using different email addresses is not permitted. The customer shall create one account for personal use, and another one – for official use, where the registration data for official use must contain the official name of the company.

3.  Conclusion of Individual Agreements

3.1         Individual agreements shall be concluded in writing, by phone, by fax, by email, or through the Alpeneuro website.

3.2         The scope of services and the cost of transportation shall be determined according to the current Alpeneuro’s price. Transportation shall be performed only at the agreed time.

3.3         The agreement shall become legally binding upon receipt of a transport voucher by email. If Alpeneuro is unable to render the requested service, you will be notified on this by email and get afull refund using the same payment method which was used to pay for the service. Thus, Alpeneuro company shall be relieved of any liability.

3.4         The customer's request shall be fulfilled by filling out the booking mask on the Alpeneuro website or by phone. If Alpeneuro wishes to offer the customer fulfillment of the requested transfer, a non-binding offer indicating details of the transfer shall be placed on the Alpeneuro website or transmitted by phone. If the customer wishes to conclude an individual Transfer Agreement with the details specified in Alpeneuro’s non-binding offer, the customer shall provide Alpeneuro with a binding offer for conclusion of an individual agreement using the «Jetzt verbindlich buchen»button (Binding Booking) on our website or making a binding offer by phone. The individual agreement shall be deemed concluded upon receipt of a booking confirmation email from Alpeneuro by the customer. Mail server records shall be used as a proof of receipt of such a transfer booking voucher to the customer’s email. The customer's requirement to conclude an individual agreement with him/her shall not be valid until the customer receives a booking confirmation. Such booking can be canceled free of charge.

3.5         Alpeneuro shall always rely on the information provided in the order and shall not be responsible for any incorrect data provided by the customer. If, instead of an arrival date a date of departure is specified, the request for the transfer at the arrival date shall be canceled, and the transfer shall be planned and paid for again.

3.6         At the time of booking, please check that the date and time of your departure or arrival are the same as shown on your flight ticket and on Alpeneuro transfer confirmation from. Please also keep in mind that in case of flights from transatlantic countries, a departure date can differ from an arrival date to Munich.

4.  Obligations of Alpeneuro 

4.1         The content and scope of services to be rendered by Alpeneuro subject to an individual agreement shall correspond to the data specified by the customer before sending his/her request for booking or by phone, and accordingly specified in the booking confirmation.

4.2         Unless otherwise agreed in the booking confirmation, the customer shall be entitled (i) to transport up to four persons, and (ii) to transport children under 12 years old and less than 150 cm tall, but only if the customer has specified such information in the relevant boxes ( age of children and number of children) at the time of booking, since children under 12 years old and less than 150 cm tall can only be transported in vehicles equipped with safety systems (i.e. child restraint device) officially admitted for use. The customer is entitled to carry a luggage of such size so that it can fit into a luggage compartment of an E Class vehicle. Transportation of animals is only possible if it does not pose a threat to the safety of a driver and passengers and, if there is enough room for it.

4.3         If the customer or passenger wishes to cancel the transfer due to the fact that the driver has no adequate and/or complete customers' data in the booking mask concerning (a) a number of passengers to be transported, (b) a number of children under 12 years old and less than 150 cm tall, and/or (c) an excess luggage, and, therefore, refuses to transport such unlisted passenger and/or excess luggage, Alpeneuro shall be entitled to claim payment of an agreed sum for such transfer in full. The same applies if the customer does not use the booked transfer because the security requirements or inner space of a vehicle does not allow for transportation of animals.

4.4         All children and infants shall be considered passengers regardless of their age. This shall be considered when specifying a number of passengers in the booking process.

5.  Fares –Payment Methods

5.1         We accept all major payment methods including credit cards such as American Express, MasterCard/Diners International, Visa / Delta, Visa / Electron, bank transfers, and PayPal. Payment via PayPal is only available for bookings in excess of a certain amount. In this case, a handling fee shall be charged from the customer.

5.2         All fares shall be inclusive of all fees and a statutory value-added tax (VAT). Unless otherwise is specified in the booking confirmation, the fare shall be valid for the specified transfer without any stopovers or driving on a bypass road. The customer is also obliged to pay the set fare if the duration of the transfer is reduced by the customer. Payment shall be made by a credit card. Prepaid credit cards are not accepted.

6.  Cancellation – Waiting Time – Late & No Show Customers

6.1         The customer can cancel his/her booking free of charge one hour before the agreed pick-up time. If the cancellation is made in less than an hour before the agreed pick-up time, but no later than 30 minutes before the agreed pick-up time, the customer shall pay Alpeneuro 50% of the agreed fare. If the cancellation is made later than 30 minutes before the agreed pick-up time, the customer shall pay Alpeneuro 75% of the agreed fare. If the booking is not canceled or is canceled after the agreed pick-up time, the customer shall pay Alpeneuro the fare for the transfer in full. The customer shall be entitled to prove that Alpeneuro did not incur any damage or has incurred much less damage than Alpeneuro claims for in connection with such cancellation.

6.2         The cost of the travel shall include up to 20 minutes of waiting time after the agreed pick-up time. If the customer fails to show up within 20 minutes after the agreed pick-up time, his or her right to the transfer shall be considered expired. The right to the transfer can be retained even after 20 minutes after the agreed pick-up timeat the customer's request; prerequisites for this are the Alpeneuro's availability to perform the transfer, and the payment of 4.00 Euro VAT inclusive (19%) for every 5 minutes after the expiry of 20 minutes of the free waiting time period. This requires the customer to contact Alpeneuro by phone to obtain the confirmation of Alpeneuro's availability. The customer shall be entitled to prove that Alpeneuro did not incur any damage or has incurred much less damage.

6.3         If the customer has specified a flight or a train number when booking the transfer from an airport or a train station, then, in case of a delayed flight or train, the pick-up time will be shifted respectively.

6.4         In case of a delayed flight, Alpeneuro shall move the time of the transfer to the new arrival time. Please refer to the definition of the flight delay by IATA (International Air Transport Association). If for any other reason you fail to arrive to a pick-up place within a reasonable period of time after the agreed pick-up time specified in your receipt, Alpeneuro or our Customer Service shall try to contact you by a mobile phone number specified by you.

If it is impossible to get ahold of you due to the fact that you a phone number that you have provided when booking your transferis invalid, or due to no connection, poor connection quality or no service, all calls go directly to voicemail, or you simply do not answer the call, the service shall not be provided. Alpeneuro shall be immediately released from their obligations and no expenses incurred in connection with that shall be reimbursed.

6.5         Notification on the cancellation of a transfer shall be sent in writing to our Customer Support center by fax or via e-mail. You can cancel the booked transfer services or the entire booking. Cancellation or rebooking to return transfer, in case of booking in both directions, shall remain free of charge.

7.  Shuttle Transfer – Joined Transfer 

7.1       Our joined transfers cover 60 minutes around departure/arrival. Thus, waiting time at the airport may be up to 60 minutes.

7.2       In case of booking, every customer gets an email notification from us specifying the estimated pick-up time which can vary depending on the route of transfer, traffic, and weather conditions. These changes usually do not exceed 60 minutes. If the carrier fails to contact the customer by phone or via SMS the day before your departure, we kindly ask the customer to call our head office at 0049‑176‑26-145-852. Information on the changes to the pick-up time shall be deemed delivered if in the case of customer's absence the relevant information was sent via email, left as a message on an answering machine, left as a letter at the reception desk in a hotel, or sent by SMS.

7.3       If a car does not arrive to your house or a hotel within more than 10 minutes after the pick-up time, PLEASE IMMEDIATELY CALL OUR HEAD OFFICE! Only this way, we will be able to start solving this issue in a timely manner.

8.  How to Act While in a Vehicle

8.1         Smokingis not allowed in our cars. All passengers are required to wear a seat belt. All passengers must use our cars with care. If passengers do not comply with these requirements ignoring driver's requests, the driver shall have the right stop the transfer. In this case, Alpeneuro requirement for payment of an agreed amountin full shall remain remains in force. In addition, Alpeneuro shall be entitled to recover costs and expenses incurred in connection with repairing damages  arising through fault of the passengers andcleaning up a car after them.

9.  Responsibility of Alpeneuro

9.1            In case of breach of any essential contractual obligations, as well as in case of bodily injuries or harm to life or health, Alpeneuro shall be responsible for such subject to the statutory provisions. In all other cases, Alpeneuro shall be responsible only for criminal intent and gross negligence by its legal representatives and authorized persons.

9.2            The company shall not be liable for any loss or damage to the luggage and its contents, animals, and items of any kind including, but not limited to, clothing, electronic devices, and various goods and valuables. Each passenger shall hand over the luggage to the driver before getting into a car and check the completeness of the luggage on arrival. Alpeneuro shall bear no responsibility for any lost luggage. All cars of Alpeneuro are properly registered and insured.

10.  Responsibility of the Customer

10.1        The customer shall check the agreed pick-up time and make sure that the respective time of arrival to the airport departure terminal is at least 10 minutes before opening (not closing) the check-in desk and no less than two hours before the scheduled departure time.

10.2        The passenger shall be solely responsible for having all the necessary documents to cross the border. We hereby disclaim any responsibility and liability to incur any additional expenses resulted from the passenger's failure to present such documents or to comply with the requirements of the customs service and police as well as tax or administrative regulations of the countries to be entered. The transfer voucher shall not be considered a valid document to obtain an entry visa.

10.3        If we have to pay any deposit or fine to the authorities of other countries due to the fact that you ignore laws, rules, or any other entry requirements of the countries which you are entering or leaving, you shall be solely responsible for the reimbursement of such expenses to us. We reserve the right to withhold any sums you paid until you can prove us that you reimbursed us for such fines, charges, etc.

10.4        We reserve the right, and you hereby authorize us to hold a specific sum in reserve  on your debit or credit card account that might be used for any damage to a car used for your transfer (including dry cleaning) or for the cost of any items missing in a car after you left it.

10.5        If you cannot find the driver of your private transfer or shuttle/joined transfer upon arrival to the airport, you shall contact us by calling our 24/7 phone number (0049-176-26-145-852) specified in your Transfer Voucher. If you fail to call the specified numbers and use other transportation services (taxi, etc.) instead, the service shall not be provided and the carrier shall be relieved of its obligations, and no compensation to the passenger shall be provided.

10.6        If the pick-up place is outside the airport, you shall to call Alpeneuro within 10 minutes of the agreed pick-up time. An electronic record of all incoming calls to our 24/7 phone numbers (0049-176-26-145-852) is stored by a third-party telecommunication provider, and shall be used as evidence in case of any dispute. Unused transfers and fares for alternative transportation services will not be reimbursed if you did not receive an advance confirmation from a member of our team. If you received a confirmation to use alternative transportation services, you shall send the corresponding receipt for review to our customer support team (address: Hermann-BöckerßStr. 3, 85221 Dachau). If there is no valid receipt, no rendered travel expenses shall be paid.

10.7        By entering into this agreement, you agree that the carrier and we have the right to refuse transportation of the passengers who - in the driver's opinion - are intoxicated or impaired by alcohol, illegal drugs, or some prescribed medications and whose behavior can endanger themselves as well as the driver and other passengers in a car.

10.8        Transportation of alcoholic beverages in a carrier's car with the purpose of drinking such beverages in a car is prohibited. This prohibition also applies to drugs.

10.9        Smoking in a car and in the immediate vicinity to it is prohibited.

11.  Luggage – Luggage Carried on Free of Charge / Capacity of Luggage Compartment

11.1      In case of a shuttle transfer, each passenger shall have the right to carry a suitcase or a travel bag which dimensions do not exceed 158 cm (length + height + width), and hand-luggage which dimensions do not exceed 115 cm (length + height + width), for example, bags and small packages. All luggage must be labeled with a name  and a destination address. We shall not be responsible for finding location of the lost luggage which has not been properlylabeled.

11.2      Capacity of the luggage compartment of vehicles used for a private transfer:  At least one suitcase or travel bag which dimensions do not exceed 158 cm (length + height + width) per each passenger. All luggage must be specified at the time of booking. Small items such as camera cases bags, handbags, or small shoulder bags that can be placed on the floor under the passenger’s seat shall not be specified. The passenger shall bear all costs arising from the need for additional vehicles to transport additional luggage or excess luggagenot specifiedat the time of booking.

11.3      Your consent to the proposed agreement and its conditions by default shall include your consent not to carry  any items prohibited by the legislation of the country in which the service is rendered in your luggage or on yourself (for example, guns, etc.), or the items that can cause damage to any third parties. Animals, if their transportation was not approved in advance and if they are not carried in a special pet carrier (except for guide dogs which are allowed everywhere), otherextremely large, heavy, fragile, or damageable items.

11.4      Luggage and other personal belongings shall be transported at your own risk. We shall bear no responsibility for any loss or damage of such luggage and personal belongings. Any risks, such as risk of loss or damage, shall be covered by a private insurance contract to be concluded prior to departure.

12.  Login Data

12.1      The customers shall protect their login data from unauthorized access by third parties, as a binding booking using such login data is done at the customers' expense.

12.2      If the customer suspects their login data became known to another personthrough fraud or deception, the customer shall immediately change such data on the website (www.Alpeneuro.com) or by phone. The customer shall bear full responsibility for any unauthorized use of their login data unless such unauthorized use was initiated by legal representatives and/or authorized companies of Alpeneuro.

13.  Force Majeure

13.1        In no event we shall be liable to the customer for compensation of damages for any failure to fulfill our obligations or obligations of the carrier if such failure was directly or indirectly caused by any force majeure circumstances or circumstances beyond our control, such as adverse weather conditions, acts of nature, and other acts of God, acts of terrorism, accidents due to the fault of third parties on the route, police checks, unusually heavy traffic or strikes.

14.  Privacy

14.1        Alpeneuro bears responsibility subject to the Data Protection Act. Personal data of the customer/passenger shall be processed and used by Alpeneuro only for the purpose of development, execution, or termination of this agreement. Commercial use - if it is allowed by law - is possible only for our own advertising (including testimonial advertising). Such data shall be transferred to third parties only to the extent necessary for performance of the agreement, for example, to the company that issued the customer's credit card or to the drivers who perform the ordered transfers. Use of such data in excess of such limits requires a special permit or consent provided for by the applicable law.

15.  Changes in General Terms and Conditions

15.1        Alpeneuro has the right to modify the GTC with respect to future individual agreements. The customer shall be notified of any modifications to the GTC in writing, by email, or by any other appropriate communication means. Modifications shall be deemed approved if the customer fails to send a written objection. Any consequences of such modifications shall be specified by Alpeneuro in the respective notification on modifications. Customer's objection must be received within 14 days following the receipt of Alpeneuro's notification on modifications. In case of objection, Alpeneuro has the right to terminate business relationship with the customer early. Until the customer gives his/her consent/permission to modify conditions, Alpeneuro shall be entitled to block the customer's right to use.

16.  Jurisdiction

16.1        If the customer is an entrepreneur, a legal entity operating under public law or a legal entity with the status of a public company, the place of jurisdiction shall be Munich.

16.2        A contract for providing of passenger transport is made in three languages, German, English, Russian. At a resolution of any dispute the basic version of the contract is a contract drawn up in German.

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