Last Updated February 2015
Aerial Limousine is a service of the Aerial Town Car and Limousine, LLC, (hereinafter “Aerial Limousine”). These terms and conditions for Aerial Limousine are an integral part of any agreement made with Aerial Limousine with regards to the Aerial Limousine services.
Furthermore, additional conditions of Aerial Limousine apply, which for example result from the offers and price lists of Aerial Limousine. The current terms and conditions shall apply. These are available here on our website for users of Aerial Limousine in their current version. They are applicable in the version which is valid at the time the contract is concluded. Differing, opposing or supplementary General Terms and Conditions, contract, use, payment or other conditions of the user shall be hereby objected to by Aerial Limousine; such user conditions shall only be an integral part of the agreement to the extent that Aerial Limousine has explicitly consented to their validity in writing.
Aerial Limousine forwards requests of the user to an independently licensed limousine service provider for commercial passenger transportation. Aerial Limousine does not supply temporary employees.
The user is not entitled to assign claims from the contractual relationship without the explicit written consent of Aerial Limousine to third parties.
FORMATION OF THE CONTRACT
The user submits a binding booking request by filling in the booking form and completes the booking process by clicking on the “confirm booking” button. Before submitting the booking, the user may change, correct, alter and view the data at any time via the buttons “next” and “back”. The booking request can only be issued and transmitted if the user clicks on the “Accept Terms and Conditions of Aerial Limousine” button.
Aerial Limousine then sends the user an automatic confirmation by e-mail, in which the booking is displayed again. The automatic confirmation e-mail documents that the users booking request has been received by Aerial Limousine, it does not constitute an acceptance of the booking request.
The contract between Aerial Limousine and the customer or the limousine service provider is concluded by making a booking request by the user and the assigning of the order to a limousine service provider by Aerial Limousine.
CONTENT OF THE CONTRACT
The transportation service is derived from the booking confirmation by Aerial Limousine. The prices for the rides apply for a start address and a one-way ride. Additional stopovers are subject to an additional fee according to the current price structure. The rates for hourly or daily bookings are based on the requested time period. The price listed on the confirmation includes the amount of luggage stated in the booking form. For excess baggage and transport of animals additional fees will be charged.
The number of passengers may vary and is dependent on stature and sense of comfort of the passengers. The maximum amount of passengers and luggage stated is therefore non-binding and can only be guaranteed under favorable terms. The chauffeur has the right not to accept passengers if this is required due to space and safety conditions.
Subsequent spontaneous changes of the tour by the customer are possible in general and lead to changed compensation of the tour. If the customer is not the passenger the right of spontaneous changes of the tour switches to the passenger.
COMPENSATION AND PAYMENT
The price specified in the booking confirmation is a binding fixed price including all taxes, however excluding tips. The guaranteed reservation price displayed in the booking procedure is calculated from the chosen vehicle class, the distance or the amount of hours, the lead time, the pick up time, and the pick up location. Further special requests such as stopovers, oversize luggage, child safety seats, etc, cannot be guaranteed and may be chargeable. In case of spontaneous changes (distance or amount of hours) the price for the actual total distance or hours (once a half hour has started it can be invoiced, i.e. starting with the first additional minute time will be rounded up to a half hour) will be calculated and charged after completion of the ride in accordance with the current price structure. If the route is shorter than the originally booked distance or number of hours, the original amount will be charged.
In the case of transfers there are no surcharges for waiting times up to 15 minutes. Additional waiting time of over 15 minutes caused by self-inflicted passenger behavior will be charged per minute with a part of the hourly booking prices of the particular business district and vehicle category plus the applicable VAT. This does not apply to flight or train delays for which the customer is not culpable. In general, waiting time starts with the provided pickup time. If your ride starts at the airport, please allow for sufficient time after landing to cross the airport and collect your checked luggage. Waiting times at the baggage claim are therefore self-inflicted waiting times and have to be taken into consideration in the period of time between arrival time and pickup time, otherwise additional costs may occur. In the case of flight delays or earlier flights the new pickup time results from the actual arrival time plus the planned period of time between the planned arrival time and the original pickup time.
In the case of hourly bookings surcharges for additional miles (that are the miles exceeding the conventional miles already included per hour and destination) are charged. The additional miles price originates at the distance based prices of the booked vehicle category and destination plus the applicable VAT.
CANCELATION AND REBOOKING
In the case of transfer rides a cancelation or rebooking is free of charge if the driver has not yet set off towards the pickup location (the customer receives a notification as soon as the chauffeur has departed) and / or more than one hour is left until the booked pickup time. The total fare will be charged for cancelation or rebooking, if the driver however already set off towards the pickup location and / or less than one hour is left until the booked pickup time.
Regarding hourly bookings, a cancelation or rebooking is free of charge if more than 24 hours remain between the cancelation or rebooking and the booked pickup time. Has the driver already set off towards the pickup location and / or less than one hour remains till the booked pickup time, the total fare will be charged in case of cancelation or rebooking.
In case of cancelation by Aerial Limousine already paid fares will be refunded. A claim for compensation or additional claims are excluded. Rebookings are classified as new bookings, i.e. the rebooking is rated as a binding booking request, after which a binding booking confirmation from Aerial Limousine leads to the conclusion of the contract. Any requests of making short-term changes cannot be guaranteed by Aerial Limousine.
No-Shows without cancellation will also be charged at 100%. A No-Show is a ride in which the passenger does not appear at the agreed pickup location within 30 minutes after the pickup time, unless it is a pickup at the airport or the train station. At airport and train station pickups your chauffeur waits up to 60 minutes for you. This time starts with the scheduled pickup time, flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. From this rule situations are excluded in which the driver and the passenger have agreed on a different pickup time by phone. If the customer has requested that the chauffeur continue waiting, the customer will be charged per minute according to the Aerial Limousine rates for the respective business district and the respective vehicle category.
BEHAVIOR IN THE VEHICLE
The instructions of the chauffeur must always be followed; the driver has the responsibility to safely perform the ride and is always attentive to the welfare of his passengers. Passengers have a general obligation to wear seat belts, as it is required by law. It is prohibited for passengers to open the doors when the vehicle is in motion, to throw objects from the vehicle and/or to stick out body parts or scream out of the vehicle.
Smoking is prohibited in the passenger compartment of the vehicles. The costs of infringement must be fully borne by the polluters, plus deprivation of use during the repair.
LIABILITY AND WARRANTY
Aerial Limousine is not liable for the correctness, reliability, completeness or timeliness of the information content and programs that are broadcasted on the website Aerial Limousine.com, neither for damages therefrom, unless such damages were caused intentionally or through gross negligence by Aerial Limousine. This applies to all types of damage, in particular to those caused by errors, delays or interruptions of service, or problems interruption of service, technical faults of the infrastructure, incorrect content, omissions, loss or deletion of data, viruses or any damage that could arise from the use of this online service. Aerial Limousine is also not liable for the availability and functionality of the features offered.
Aerial Limousine assumes no responsibility for the content, correctness, legality and effectiveness of third-party websites, which are referred to via links from the website of Aerial Limousine. Opening of these links is at your own risk.
Aerial Limousine cannot guarantee that the information provided is correct and complete and reach users or drivers in time.
Aerial Limousine shall not be liable for errors in the quality of access due to force majeure or events for which Aerial Limousine is not responsible, in particular the failure of communication networks and gateways. Aerial Limousine shall provide no warranty that the website will function uninterrupted or error free or that any errors will be corrected. At the same time, it cannot guarantee the correctness of the content of the Aerial Limousine site.
A liability for the services provided by the limousine service providers and the drivers is excluded.
Aerial Limousine shall be held liable for the careful selection and monitoring of limousine service providers only. The amount of the liability is limited to twice the fare of the ride. The user is obliged to make any complaints about the performance of the selected limousine service provider without delay to Aerial Limousine.
Aerial Limousine is not liable for theft, loss or damage to property carried in the vehicle. Compensation claims by the user expire at the end of three months after the contractual termination of the contract, provided the claims are not claimed within this period. If the user demands compensation for damages on account of non-fulfillment, the above mentioned period will be one month. After the deadline, the user may only assert claims if he has been prevented (through no fault of his own) from meeting the deadline. All claims for damages are limited to one year after their formation. This does not apply to all claims deriving from impermissible acts.
If Aerial Limousine discontinues its service permanently or temporarily on important grounds, this does not induce a liability.
Aerial Limousine is liable, regardless of the legal grounds, only for intent and gross negligence, unless it is the breach of a contractual obligation. For loss of profits, loss of savings, incidental damages and / or consequential damages, Aerial Limousine is only liable for willful infringement. Except for willful infringement, the liability of Aerial Limousine shall be limited to damages which were reasonably foreseeable at the conclusion of this contract. From the foregoing limitations of liability, the liability remains unaffected for culpable injury to life, limb or health.
OBLIGATIONS OF THE USER
The user of Aerial Limousine is responsible for ensuring that all the information that has been provided to Aerial Limousine by himself or by another person on his behalf and / or at his own cost, is complete and accurate. Each use, registration, etc. with a false, fraudulent, speculative or similar purpose is prohibited. The same applies for registration with automated procedures. The user confirms that the transportation services of Aerial Limousine and the limousine service providers will only be used for legal transactions.
The user indemnifies Aerial Limousine from all claims and expenses, including making reasonable legal fees, which result from the unlawful use of the Aerial Limousine service, or breach of these terms and conditions.
If the user is a merchant in terms of the Commercial Code, he has to report obvious defects to Aerial Limousine within 7 days after he was able to detect the fault. Otherwise, warranty claims are excluded.
The above conditions also apply to employees, legal representatives and agents of Aerial Limousine, where claims are asserted directly against them.
The user is liable for all damages caused by him to the vehicle and the driver over the legal limit and otherwise in accordance with the regulations.
For Aerial Limousine the protection of privacy and personal data has top priority. Our privacy practices are in accordance with the provisions of the relevant national Data Protection Acts and other provisions of data protection on the Internet. To protect your data against accidental or intentional manipulation, loss, destruction or access by unauthorized persons we use technical and organizational security measures that we continuously improve in accordance with the technical development.
The protection of personal customer data in the collection, processing and use during the visit to the Aerial Limousine homepage is a major concern to Aerial Limousine.
By registering, the user agrees to the storage and use of his data by Aerial Limousine. Aerial Limousine will store all data as required by law.
Personal data is only given to third parties when it is necessary fort he purpose of processing an agreement – in particular the forwarding of order information to service providers, for invoicing purposes or if the user has given his consent in advance. The user is entitled to withdraw any consent at any time for future effect. Recording and transfer of personal information to government institutions and authorities will only occur within the scope of compelling regulations.
The user agrees to the transmission of his data (user name and phone number) to the limousine service provider for identification reasons. The user agrees to the transmission of data regarding subsequent tour changes (e.g. new routes, waiting times) from the limousine service provider to Aerial Limousine.
The user agrees to the disclosure of his data for the purpose of fulfillment of the contract or pursuit of legal claims to his respective contractors. The data may not be transmitted to other individuals, except if this takes place within the context of the legal provisions.
All bookings made with Aerial Limousine can be conveniently paid by credit card. The credit card information needs to be entered and saved only at the first booking, the information is protected from unauthorized access. Aerial Limousine does not store the information. For storage of the data a certified payment provider, whose systems meet the highest safety standards is used.
The user is entitled to receive, upon request and without charge, information about his stored data. Furthermore, the user has the right to correct, delete or block incorrect data. Data for accounting and billing purposes are not affected by a cancelation or deletion.
Aerial Limousine makes an effort to store personal data by using all technical and organizational methods, so that they are not accessible to third parties. When communicating by e-mail the complete data safety cannot be guaranteed by Aerial Limousine.
CHANGE IN SERVICE
Aerial Limousine at all times reserves the right to modify the applications in a reasonable manner, in consideration of the interests of the user, in order to develop them and improve their quality.
In addition, Aerial Limousine has the right to temporarily or permanently suspend its service on important grounds, even without informing the user individually.
The contents displayed on all Aerial Limousine platforms (www.aeriallimos.com website and smartphone application) are protected by copyright. Your use is subject to applicable copyrights. The contents of the website and smartphone application may not be modified, copied, republished, transmitted, distributed or stored without the consent of Aerial Limousine.
Aerial Limousine is a registered trademark.