Scope of application

1. The GTCs apply to all deliveries, services and transportation services of the company A+H Zajsek, Aichholzgasse 55/25, 1220 Vienna, formerly Vienna Cars Limousinen Service GmbH, hereinafter referred to as VIENNA-CARS, and are based exclusively on the general terms and conditions listed here, hereinafter referred to as GTCs. The GTC apply in their current version to all future deliveries and services of any kind.
2. Deviations from the contractual agreements must be made in writing.
3. Employees of Vienna Cars are not entitled to amend the contract retrospectively; amendments require the consent of Vienna Cars.
4. By using the services of Vienna-Car, the customer and/or the transported person (hereinafter also referred to as passenger) agrees to these General Terms and Conditions.
5. The contract language is German.

Contractual bases

1. The basis for the service to be provided by Vienna-Cars is the individual order placed by the customer by telephone, e-mail and/or via the order form on the Internet.
2. The customer is obliged to ensure that all data provided is correct.
3. Offers of any kind from Vienna-Cars are non-binding.
4. With his order, the customer expressly declares his order offer. Upon confirmation of the booking/order, the contract shall be deemed confirmed and binding on the part of Vienna-Cars on the basis of a concordant declaration of intent. Silence on the part of Vienna-Cars does not constitute acceptance of an order. The customer undertakes to immediately check the information provided in the order confirmation.
5. Online orders placed on our websites www.vienna-cars.at, www.vienna-cars.eu or www.vienna-cars.com only become contractually binding upon order confirmation. All stored data relevant to the order will be sent by e-mail together with the GTCs.
6. Cancellations are only effective if they are made in writing or by contacting Vienna-Cars by telephone. Cancellations up to and including 48 hours before the contractually agreed start of the journey are free of charge. Vienna-Cars will charge a proportionate amount of the cost of the trip in the event of cancelations: 50% less than 48 hours and 100% less than 24 hours and / or if the service begins and / or Vienna-Cars does not start the trip.
   • The start of the service is defined as the time of arrival at the respective order location.
   • The statutory rights of withdrawal are limited insofar as § 18 (1) Z 1 FAGG applies.
7. Vienna-Cars reserves the right to carry out a credit check on company invoices.

Obligations of the customer

1. The customer is obliged to provide all data relevant to the contract, in particular name, address, telephone number, pick-up time, route, number of persons and suitcases, type and size of the animals to be taken and any additional pick-up addresses and information on the method of payment.
2. In addition, the customer undertakes to inform Vienna-Cars immediately of any changes.
3. The customer undertakes not to misuse the services of Vienna-Cars, also on behalf of the passengers, in particular
   • not to disrupt or hinder the performance of the service,
   • not to cause damage and/or soiling to the vehicle
   • not to violate criminal law regulations
   • comply with the smoking ban in the vehicle
   • not to refuse to pay the agreed fare
4. Vienna Cars is entitled to exclude persons who endanger the safety of transportation from further transportation. In this case, Vienna Cars will charge the agreed fare and all possible additional and special services.
5. In the case of a pick-up from the airport, train station and bus terminals, the waiting time of Vienna-Cars is a maximum of 30 minutes. After this time has elapsed, Vienna-Cars is entitled to charge a waiting fee of EUR 10 including VAT and any other costs incurred for every 15 minutes that have elapsed.

Service from Vienna Cars

1. The services of Vienna-Cars are provided in accordance with the respective order and/or the technically and actually possible and legally permissible concluded service agreement.
2. Unless otherwise stated in the actual circumstances, the service generally begins and ends on the date/time stated in the order confirmation.
3. Vienna-Cars endeavors to provide its services punctually at the agreed time. The customer acknowledges that even with the greatest possible care and best possible organization, there may be delays in the start, performance and completion of the service by Vienna-Cars, in particular due to unforeseeable traffic and/or weather conditions, vehicle breakdowns or traffic accidents.
4. Vienna Cars will do its best to ensure proper service, but is bound by the legal regulations, in particular the STVO.
5. Vienna-Cars is permitted to refuse transportation to persons who are to be excluded from journeys in accordance with the PbefG. When transporting minors, supervision must be ensured before and after transportation.
6. Vienna-Cars is entitled to refuse to accept luggage if there is insufficient space to accommodate it properly. The vehicle size will be selected according to the information provided when ordering.
7. The following items are excluded from transportation: Items that exceed the total weight permitted for the vehicle individually or in total or that cannot be loaded due to their nature or size. Vienna-Cars accepts no liability for loss or damage caused by inadequate packaging or the special nature of the goods. Dogs and other animals will only be transported if there is no danger or nuisance to passengers, employees and/or resources.
8. Forgotten or lost luggage or other items will be deposited on the premises of Vienna-Cars for a period of 2 weeks after the service has been provided. After expiry of the 2-week period, Vienna-Cars shall proceed in accordance with the provisions of the Austrian Civil Code (ABGB) on lost property.

Subcontractors / substitution

Vienna-Cars is entitled to use third parties as subcontractors or by way of substitution (e.g. rental car company – cab fleet) to fulfill its contractual obligations to the customer.

Bus size and maximum permitted number of passengers: The bus may be occupied with a maximum of the commissioned number of passengers. Irrespective of the order confirmation submitted in accordance with Vienna Cars, Vienna Cars reserves the right to use a larger bus than noted on the confirmation submitted and to have it operated by a bus partner (not necessarily from Austria).

Prices

1. Unless otherwise agreed in writing, all prices are quoted in euros including VAT at the applicable statutory rate.
2. Vienna-Cars is entitled to submit interim invoices. In the event of late payment, the customer shall pay default interest in the amount of 9.83% above the statutory default interest rate (§1000 ABGB). In the event of default, the customer undertakes to bear the costs necessary to collect the claim, such as lawyer and reminder fees.
3. The offsetting of counterclaims of the customer against claims of Vienna-Cars, whether in or out of court, is excluded.

Liability of Vienna-Cars

1. Vienna-Cars shall only be liable to the customer for reimbursement of costs in the event of intent or gross negligence or culpable breach of material contractual obligations by Vienna-Cars, its legal representatives or vicarious agents.
2. Liability for injuries to physical well-being is governed by the statutory legal basis.
3. The liability limits of Vienna Cars are defined by law; where there are no statutory liability limits, liability is limited to €300 per passenger.
4. The customer is responsible for any additional insurance.
5. Vienna-Cars accepts no liability for damage caused by incorrect transmission of data by the customer.

Miscellaneous

All legal relationships between Vienna-Cars and its customers shall be governed exclusively by Austrian law, unless European Union law can be invoked. The place of jurisdiction is the Commercial Court of Vienna.

Should one or more of the above conditions be ineffective, the remaining conditions shall remain unaffected by the ineffectiveness. Invalid clauses shall be replaced by clauses that come as close as possible to the invalid clause.

AGB’s gültig ab August 2024