Terms of service
UNIQUE GmbH, Im Taubengrund 23, 65451 Kelsterbach (hereinafter "UNIQUE") enables its users to book travel services via its own online platform, through integration into third-party online platforms and via applications for mobile devices ("apps", all means together "BL tools"). UNIQUE's service only consists of obtaining a transport claim against a transport service provider (“FDL”) independent of UNIQUE as an agency for the user, not in the provision of transport services.
These general terms and conditions (hereinafter also referred to as "GTC") are part of every agreement of the user regarding business transactions with UNIQUE. They also describe details of the driving services for which UNIQUE provides the user with a direct claim against an FSP.
Deviating general terms and conditions of the user are hereby also contradicted in the case of confirmation letters and unconditional services. Something else only applies if the management of UNIQUE has expressly agreed to this in writing.
2. CONTRACTUAL RELATIONSHIPS AND CONCLUSION OF CONTRACT
2.1 CONTRACTUAL RELATIONSHIPS UNIQUE does not provide the driving services presented in the context of the BL tools either itself or through third parties. UNIQUE merely provides the user with a claim for carriage against an FDL independent of UNIQUE.
To this end, UNIQUE concludes the necessary agreements with the TSP in its own name, which give the user a claim to carriage from the TSP (“contract in favor of third parties”, also “contract of carriage in favor of the user”). This entitles the user to demand the driving service and other claims directly from the TSP.
UNIQUE and the user only agree on an agency and no transport service. UNIQUE's claim to remuneration includes the agency fee and the transport fee paid by UNIQUE to the forwarder.
2.2 CONCLUSION OF CONTRACT By submitting the completed booking form to UNIQUE via BL-Tools or by telephone, the user makes an offer to conclude an agency contract ("user's travel request"). The subject of this contract is the procurement of the driving service desired by the user.
UNIQUE first sends the user a confirmation of receipt by e-mail with the details of the transport service to be procured. UNIQUE only confirms receipt of the user's travel request.
The agency agreement between UNIQUE and the user for the desired travel service only comes about through a separate declaration (“booking confirmation”) from UNIQUE via e-mail. The user is then entitled directly to the TSP himself to request the transport service provided by the TSP itself and to assert further claims directly to the TSP.
3. USER REGISTRATION OBLIGATION FOR USE OF BL TOOLS
The user warrants to UNIQUE that all information that he himself or another person transmits to UNIQUE on his behalf is complete and accurate. Registrations using automated procedures are prohibited.
4. SELECTED CONTENTS OF THE CONTRACT OF CARRIAGE FOR THE FAVOR OF THE USER The user can only request the details described in Section 4 for a travel request from the user (collectively “travel modalities”) from the TSP if they have been agreed in the agency agreement with UNIQUE.
4.1 TRANSFER JOURNEYS/HOURLY BOOKINGS, SERVICE CHANGES The user can choose between transfer journeys and hourly bookings for the desired journey. If the journey actually carried out requires additional work due to a request expressed by the user or passenger compared to the desired journey, the TSP will allow for this additional work as far as possible. The additional effort can result in additional costs for individual business management, cf. Section 5 below for details.
The following conditions apply to the transport claim of the user to be procured by UNIQUE directly against the forwarder:
4.1 TRANSFERFAHRTEN/STUNDENBUCHUNGEN, LEISTUNGSÄNDERUNGEN Der Nutzer kann für den Fahrtwunsch zwischen Transferfahrten und Stundenbuchungen wählen. Sofern die tatsächlich durchgeführte Fahrt aufgrund eines geäußerten Wunsches des Nutzers bzw. Fahrgastes gegenüber dem geäußerten Fahrtwunsch einen Zusatzaufwand aufweist, ermöglicht der FDL diesen Mehraufwand soweit möglich. Der Mehraufwand kann in zusätzlichen Kosten für die individuelle Geschäftsbesorgung resultieren, vgl. hierzu im Einzelnen Ziffer 5 unten.
If the TSP is available, changes to the travel modalities are also possible after the conclusion of the contract by the user or the passenger in accordance with Section 5 with the remuneration consequences described there.
4.1.1 In the case of transfer journeys, the stated price applies to one start and one destination address. An additional charge may be made for each intermediate stop on the direct route in accordance with the currently valid price structure (see Section 5 below).
4.1.2 In the case of hourly bookings, the journey must always end in the city of the pick-up location. An hourly booking always begins at the booked pick-up time.
4.2 VEHICLE CLASS/VEHICLE MODEL, UPGRADE The user can choose from various vehicle classes (e.g. Business Class”, “Business Van/SUV” or “First Class”) for his desired journey.
Depending on availability, an upgrade from the “Business Class” vehicle class to a higher vehicle class (e.g. “Business Van” or “First Class”) is possible at any time without additional costs for the user.
Je nach Verfügbarkeit ist ein Upgrade von der Fahrzeugklasse „Business Class“ in eine höhere Fahrzeugklasse (etwa „Business Van“ oder „First Class“) ohne zusätzliche Kosten für den Nutzer jederzeit möglich.
4.3 TRANSPORT SECURITY, CONSEQUENCES 4.3.1 LUGGAGE, PETS The price in the booking confirmation includes the number of pieces of luggage specified in the booking form. Appropriate surcharges may be levied for excess baggage, bulky baggage or the carriage of animals that is not specified in the travel request; the remuneration for the business management is then correspondingly higher than stated in the booking confirmation (cf. Section 5 below).
Der FDL kann die Beförderung von nicht vereinbartem Gepäck und/oder Tieren verweigern. Das gilt auch, wenn Tiere nicht in einer geschlossenen und geeigneten Transportbox untergebracht sind.
4.3.2 TRANSPORTATION OF CHILDREN The need for restraint systems for children must be specified by the user in the travel request by specifying the number and age of the children to be transported and the required type of restraint system.
4.3.3 PASSENGER AND BAGGAGE NUMBERS The maximum number of passengers and baggage stated for a particular vehicle is only an estimate of factors such as the size and weight of passengers and baggage. This information is therefore non-binding.
The TSP can refuse to transport people or luggage if, in his opinion, the space and safety conditions do not allow it.
4.3.4 PREVENTION OF CARRIAGE The TSP can refuse carriage if mandatory requirements (e.g. resulting from applicable laws) according to this section 4.3 were not communicated by the user in the travel request or were not communicated correctly.
If carriage is therefore not possible, this has no influence on UNIQUE's remuneration from the agency agreement with the user for the specific carriage.
4.4 DELAYS Exceptional situations such as air traffic controller strikes, extremely bad weather conditions, etc. can only be compensated for to a limited extent, so that in these cases longer waiting times or short-term cancellations must be accepted by the user.
4.5 CANCELLATIONS, REBOOKINGS AND TRIPS NOT TAKEN 4.5.1 CANCELLATION (A) OF TRANSFER TRIPS In the case of transfer rides, cancellation is free of charge if there is more than one hour between the cancellation and the agreed pick-up time. If there is an hour or less between the cancellation and the agreed pick-up time, the full price must be paid. An effective cancellation can only be made via the cancellation function on the website or in the app.
(B) FOR HOURLY BOOKINGS For hourly bookings, cancellation is free of charge if there are more than 24 hours between the cancellation and the agreed pick-up time. If there is 24 hours or less between the cancellation and the agreed pick-up time, the full price must be paid. An effective cancellation can only be made via the cancellation function on the website or in the app.
4.5.2 REBOOKINGS Rebookings are always treated like new bookings. The regulations for dealing with cancellations (Section 4.5.1 above) apply accordingly to the originally agreed journey. UNIQUE's entitlement to compensation for the originally agreed journey can remain in place accordingly.
4.5.3 NON-COMMENDED JOURNEYS WITHOUT CANCELLATION, USER DELAYS If a journey is not taken without cancellation, the user's entitlement to transport vis-à-vis the TSP lapses, but UNIQUE's entitlement to reimbursement vis-à-vis the user does not.
(A) FOR TRANSFER JOURNEYS A journey is deemed not to have started if the user or passenger does not show up at the agreed pick-up location within 30 minutes of the agreed pick-up time without canceling. Trips that are not taken are to be paid for in full, however, any waiting time surcharges do not apply.
In the case of airport or train station pick-ups (exclusively from long-distance train stations), a journey is deemed not to have started if the user or passenger does not show up at the agreed pick-up location within 60 minutes of the agreed pick-up time without cancellation, with delays or early arrivals at the airport or train station leading to the agreed pick-up time being postponed by the scheduled time between the planned landing time or arrival time and the original pick-up time. Trips that are not taken are to be paid for in full, however, any waiting time surcharges do not apply.
Things are different if the TSP and the passenger have agreed by telephone about a later pick-up time. Any waiting time surcharges are as under Section 5.3
(B) FOR HOURLY BOOKINGS A journey is deemed not to have started if the user or passenger does not show up at the agreed pick-up location after the booked hours have elapsed from the booked pick-up time without cancellation. Trips that are not taken must be paid for in full.
In the case of airport or train station pick-ups (exclusively from long-distance train stations), a journey is deemed not to have started if the user or passenger does not show up at the agreed pick-up location after the booked hours have elapsed after the agreed pick-up time without cancellation, whereby delays or early arrivals at the airport or train station lead to the agreed pick-up time being postponed by the scheduled time between the planned landing time or arrival time and the original pick-up time. Trips that are not taken must be paid for in full.
Things are different if the TSP and the passenger have agreed by telephone about a later pick-up time. The hourly booking always begins at the booked pick-up time as described in Section 4.1.2. In this respect, any extensions of the hourly booking are to be remunerated as described in Section 5.2. In principle, there is no right to a change in the pick-up time.
4.6. BEHAVIOR IN THE LIMOUSINE The following behavioral guidelines apply to the user when using the FDL driving services:
During the entire journey, all passengers are subject to the applicable traffic regulations, in particular the obligation to wear seatbelts. The instructions of the FDL must always be followed. The dispatcher is responsible for ensuring that the journey is carried out safely. In particular, passengers are prohibited from opening the doors while driving, throwing objects out of the vehicle and/or sticking out body parts or shouting out of the vehicle. If the user would like to operate the devices or systems in the respective vehicle himself, prior instruction by the TSP is required.
Smoking is prohibited in the passenger compartment of the vehicles. If the user or a passenger ignores this, the user must bear the costs of cleaning the vehicle and the resulting loss of use.
Bringing food is not permitted. Alcoholic beverages may only be brought and consumed on board by prior arrangement.
5. COMPENSATION AND PAYMENT
5.1 PRINCIPLES UNIQUE's claim to remuneration is stated in the booking confirmation.
Significant factors for their amount (including reimbursement of expenses for the transport service provided by UNIQUE) are: the selected vehicle class, the route, the pre-booking time and the pick-up time and location, if applicable.
Additional special requests such as B. Multilingual chauffeurs, individual vehicle lettering, stopovers, bulky luggage, child seats, etc. can have a price-increasing effect.
5.2 CHANGES TO THE JOURNEY The user (and also the passenger) can change the travel modalities even after the conclusion of the agency agreement and even – as far as possible for the TSP – after the start of the journey.
If the journey is spontaneously extended at the request of the user or passenger (distance or number of hours), the actual service (total distance or number of hours) will be recalculated and billed according to the applicable price structure after the journey has been completed. In the case of hourly bookings, the half hour started is decisive for invoicing, i. H. from the first additional minute, the time will be rounded up to half an hour for better planning security.
The claim for compensation against the user increases accordingly, since UNIQUE's reimbursement of expenses for the contract of carriage increases accordingly in favor of the user.
If the booked distance or number of hours is reduced compared to the booking, the agreed remuneration remains unaffected.
5.3 OTHER SURCHARGES 5.3.1 FOR WAITING TIMES FOR TRANSFER JOURNEYS For transfer journeys, there are waiting times for airport or train station pick-ups (exclusively from long-distance train stations) of up to 60 minutes after the agreed pick-up time, with delays or early arrivals at the airport or train station leading to the agreed pick-up time being postponed by the scheduled time between the planned landing time or arrival time and the original pick-up time, or up to 1 5 minutes from the agreed pick-up time, no surcharges apply in all other cases. Each additional minute of waiting time will be charged as a flat rate as a percentage of the hourly booking prices applicable in the respective city area and for the respective vehicle class plus the applicable sales tax.
5.3.2 FOR ADDITIONAL KILOMETERS FOR HOURLY BOOKINGS Hourly bookings contain the inclusive kilometers (per hour) communicated in the booking form (or by telephone). Additional kilometers that go beyond this are to be remunerated and are based on the distance prices for the booked vehicle class in the respective city area and are invoiced plus the applicable VAT.
5.4 PAYMENT METHODS AND TRANSACTION FEES The user can pay for his trip by credit card. UNIQUE bears any credit card fees incurred. Any transaction fees when paying by bank transfer (e.g. due to different currencies or different local accounts) are borne by the user.
5.5 REMINDERS, MISSING CREDIT CARD CHARGES UNIQUE can charge a reasonable reminder fee for each reminder.
For credit card debits that cannot be redeemed, UNIQUE will pass on the expenses incurred (bank, credit card company) to the user and reserve the right to assert a reasonable processing fee per incident.
5.6 TRANSMISSION OF INVOICES, DUE DATE UNIQUE provides the user with the respective invoice electronically via web download in the user account. When paying by credit card, the payment is due immediately. In the case of payment by bank transfer, the term of payment stated on the invoice applies.
5.7 VOUCHERS Vouchers can only be redeemed individually and cannot be combined with other vouchers. A cash payment is not possible.
6.1 PRINCIPLES UNIQUE is liable for damage caused by UNIQUE or its vicarious agents through intent or gross negligence. The forwarder, including all chauffeurs used by him, are neither vicarious agents nor vicarious agents of UNIQUE for the transport service. On the contrary, UNIQUE gives the user a direct claim for carriage against the TSP.
In the case of damage caused by simple negligence, UNIQUE is only liable in the event of a breach of an essential contractual obligation and only for foreseeable and typical damage. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user can regularly rely.
Limitations of liability do not apply within the framework of guarantees given, in the case of injuries to life, limb and health, or for claims arising from the Product Liability Act.
6.2 CONTENT OF BL TOOLS UNIQUE is not liable for the correctness, reliability, completeness and topicality of the content and programs provided free of charge, which are distributed within the framework of the BL Tools, nor for damage resulting therefrom, unless such damage was caused by UNIQUE intentionally or through gross negligence. This applies to all types of damage, in particular damage caused by errors, delays or interruptions in transmission, disruptions to the technical systems and services, incorrect content, omissions, loss or deletion of data, viruses or in any other way when using this online offer. Furthermore, UNIQUE is not liable for the availability and functionality of the functions offered.
6.3 THIRD-PARTY WEBSITES UNIQUE assumes no responsibility for the content, accuracy, legality and functionality of third-party websites to which links are provided. Page views via links are at your own risk.
6.4 ACCURACY OF TRANSMITTED INFORMATION, ACCESS DISTURBANCES UNIQUE assumes no responsibility for the information transmitted being correct and complete and for the user or driver receiving it in good time. Excluded from this are the contents of the booking confirmation.
UNIQUE is not liable for disturbances in the quality of access to the BL tools due to force majeure or due to events for which UNIQUE is not responsible, in particular the failure of communication networks and/or gateways. UNIQUE does not guarantee that the website will function without interruption or errors and that any errors will be corrected.
6.5 INDEMNIFICATION BY THE USER The user indemnifies UNIQUE against all claims and costs, including reasonable costs of legal defense, which a third party raises against UNIQUE due to use of the BL Tools in breach of contract or due to a breach of these General Terms and Conditions.
7. MODIFICATION OF UNIQUE'S OFFERING
UNIQUE reserves the right to change the BL tools at any time in a way that is reasonable for the user in order to further develop them and improve their quality. In addition, UNIQUE has the right to temporarily or permanently discontinue its offer via the BL tools for important reasons, even without informing the user individually about this.
8. PROTECTION OF CONTENT, GRANT OF RIGHTS OF USE TO BL TOOLS
The content contained within the BL-Tools enjoys copyright protection.
UNIQUE grants the user the revocable right, conditional upon compliance with these GTC, to use the BL Tools as intended. Any other use (e.g. changes, copies, re-publications, transmissions, distributions or other non-intended purposes) is prohibited.
9. FINAL PROVISIONS
9.1 ENTIRETY, WRITTEN FORM These GTC are the entire agreement between UNIQUE and the user for the subject of the service. Side agreements do not exist. Changes and additions to this agreement must be made in writing to be effective; electronic or text form is not sufficient; the same applies to a change or addition to this written form requirement.
9.2 RESERVATION OF CHANGES UNIQUE is entitled to change these general terms and conditions. The notification of the change takes place through a unilateral declaration by providing the new terms and conditions on the UNIQUE homepage and informing the user about them. If the user does not object to the new GTC within 14 days of being informed, the new GTC will apply to him. The further use of UNIQUE's services depends on the acceptance of the GTC by the user.
9.3 OFFSET, RETENTION AND ASSIGNMENT The user can only offset against UNIQUE's claims and assert rights of retention if his counterclaims or counterclaims have been legally established or are undisputed. This also applies to complaints by the user.
The user can only assert rights of retention from claims according to this Section 9.3 Paragraph 1 insofar as they are based on the same contractual relationship.
The user is not entitled to assign claims from the contractual relationship to third parties without the express written consent of UNIQUE.
9.4 APPLICABLE LAW, PLACE OF JURISDICTION For all legal relationships between UNIQUE and the user, the law of the Federal Republic of Germany applicable to domestic business applies.
Place of performance is Kelsterbach.
The exclusive place of jurisdiction is Kelsterbach if the user is a merchant within the meaning of the German Commercial Code or does not have a permanent place of residence in Germany at the time a complaint is filed. Legally mandatory places of jurisdiction remain unaffected.
9.5 SEVERABILITY CLAUSE Should individual provisions of these General Terms and Conditions be or become invalid, unenforceable or contain gaps, the remaining provisions shall remain effective. The parties undertake to replace the invalid, unenforceable or missing provisions with provisions that come closest to the meaning and economic purpose and the will of the parties.