GENERAL TERMS AND CONDITIONS

Please read carefully our General Terms and Conditions to avoid misunderstandings. If you wish to apply our General Terms and Conditions to your archive, you can download them HERE as a PDF file.

The person responsible for these General Terms and Conditions is:

Sole Trader for motor vehicles rental services Krasimir Georgiev
Alte Poststraße 17
85356 Freising bei München
+49 (0) 151 453 777 69
contact@kguservices.com

 § 1. Scope of application

The following General Terms and Conditions apply to all services provided by KG UNITED TRANSPORT & DELIVERY SERVICES, in particular occasional carriage of passengers, rental of bus transport, rental of cars, excursion trips with passenger cars, organization of events, travel management and activity as a human resource agency. The General Terms and Conditions apply to all future business relationships, even if they are not explicitly agreed. The General Terms and Conditions are considered binding at the latest at the time of the service request. Any deviations from the General Terms and Conditions are effective only after written confirmation by KG United Transport and Delivery Services. If the General Terms and Conditions of our clients or other third parties conflict with the General Terms and Conditions of KG United Transport and Delivery Services, our General Terms and Conditions take precedence, even if we know of the contradictory conditions, have not objected to them and have provided the service unconditionally. For services that are performed through partner agencies, the terms of the applicable service provider apply.

§ 2. Conclusion of a contract

By placing its order the client offers to KG United Transport and Delivery Services the conclusion of a legally binding contract for carriage. Grounds for the conclusion of such contract shall be the present General Terms and Conditions for carriage and the written consent given by KG United Transport and Delivery Services. If the content of the confirmation differs from the content of the order, then there shall be a new proposal from KG United Transport and Delivery Services. The contract shall be concluded on the basis of this new proposal if the client, within a binding 10-day period, has notified KG United Transport and Delivery Services that he accepts the proposal. The contract shall be concluded only if confirmed in writing or by telephone call by KG United Transport and Delivery Services. Tariffs and service confirmation / the order for travel shall be part of the contract terms. In addition, the client undertakes to provide information on all factors relating to the execution of the order / reservation, such as place and date of execution, number of persons, preferred motor vehicle, number of luggage units. The information and details must be made available to KG United Transport and Delivery Services within a reasonable time and in a final, binding form. KG United Transport and Delivery Services shall not be required to verify the accuracy and veracity of the data or documents provided. If a commitment is made to provide a particular category of vehicle, KG United Transport and Delivery Services may, for operational reasons, replace that vehicle with another one of an equivalent or higher category. 

§ 3. Prices

The prices are in accordance with the valid price list and/or the contract signed.

§ 4. Tariffs

The transfer/city tariff applies only within the city of Munich.

§ 5. Additional Expenses

Telephone charges, parking fees, tolls and ferry fees, hotel accomodation, driver's meals and entrance fees are charged separately. If a person using a limousine stains the vehicle excessively, it will bear the cleaning costs. 

§ 6. Remuneration

Hiring a driver and hiring a car with a driver shall be done only at the head office of the company. For one-day trips, the period to be calculated shall be equal to the length of time a driver is hired from the moment he leaves the head office until his return. For journeys lasting several days, the cost of accommodation in a medium-sized hotel shall be also covered. Hours of work on the second day shall be calculated from commencing of work, but no later than 8.00 am. The price list valid on the day of trip shall apply. The return policy is the same as for a one-day trip. In the case of flat rate agreements, the agreed price applies for the agreed rental period. The price for additional periods exceeding the agreed time shall be calculated according to the valid price list. 

§ 7. Payment Terms

We offer net prices on which VAT should be charged. A deposit of up to 50% of the final price may be requested prior to departure. The remainder of the payment shall be due within the time limits specified in the invoice. Payment by check shall be considered for execution of the payment. The payment shall be considered to have been received from the time when KG United Transport and Delivery Services can dispose of the money and the payment will be considered to be received on time or not with regard to that moment. In the event of late payment, the client will be charged a rate of 5% above the applicable interest rate of Deutsche Bundesbank. For credit card payments, we charge an additional fee of 3.5% of the final invoice amount. 

§ 8. Cancellation

Cancellation shall be only valid if made in writing or confirmed in writing upon notification by telephone. Unless otherwise agreed by the parties, upon cancellation of the reservation within 48 hours prior to the contractually scheduled time of commencement of the trip, KG United Transport and Delivery Services will charge a fee of 25% of the expected or agreed cost. If canceled within 24 hours prior departure, the fee will be 50%, and in case of shorter cancellation period 100% of the expected or agreed costs will be payable as compensation for the expenses incurred. Additional costs, which are not included in the tariff, shall be charged by KG United Transport and Delivery Services irrespective of the timeliness of the cancellation. The term for cancellation in writing shall be calculated from the moment of receipt of the notification by KG United Transport and Delivery Services.
Different cancellation conditions shall apply to bus reservations.

§ 9. Delays

The additional costs due to delays shall be borne by the client, unless the delays are caused by the fault of KG United Transport and Delivery Services or the driver. Accurate performance of the contract shall be based on the order and the timely departure. In the event of inaccuracies in the order or delay in departure, KG United Transport and Delivery Services shall assume no responsibility for later arrival at the destination point. KG United Transport and Delivery Services shall not be responsible when exceeding the travel time is caused by circumstances the consequences which the company, even with the utmost care, could not avoid or prevent. Passengers shall be required to notify us in writing or by phone of any changes made after the reservation has been made. We then shall confirm in writing if the changes to the reservation are possible. If we are not notified, our obligation to provide transport shall be considered cancelled, but the client's obligation to pay for the booked service shall remain valid.
Transfer delays: In case of delay of flight or train for more than 1.5 hours, the client shall loose his right to a reserved transport service and it shall be considered canceled. However, KG United Transport and Delivery Services will always try to provide a suitable replacement. Additional costs shall be borne by the client. 

§ 10. Transport Service

There is no obligation for the company to carry out the transport service. Passengers must follow the instructions of the driver. If passengers act contrary to the instructions of KG United Transport and Delivery Services or the driver, commit a violation under the Road Traffic Regulations or, obstruct the driver, create a traffic hazard, KG United Transport and Delivery Services and/or the driver shall have the right to terminate the transport service. In this case, KG United Transport and Delivery Services shall charge the full price for the trip, including the price for kilometers and all additional and special services. The Road Traffic Regulations shall apply throughout the time of the trip and to all passengers, and in particular the requirement for wearing a seat belt. Smoking in vehicles is strictly prohibited. Consumption of food is allowed only after prior discussion with the driver, drinks in vehicles can be taken at any time. In this regard, the provisions of § 4 must be observed.
Carriage of children under 12 years shall be included and specified in the reservation. The fixed prices shall apply to one pick-up address and for direct route from point A to point B. The price shall include transportation of one suitcase and one hand bag for adults, and the presence of extra luggage must be indicated in the reservation. If the extra luggage is not included in the reservation, then the carriage shall be optional. Pets shall be only allowed upon prior request and a price increase may be charged. 

§ 11. Withdrawal from contract

KG United Transport and Delivery Services shall have the right to terminate the contract at any time, if the performance of the trip proves impossible, the client breaks his obligations under these contractual provisions or in case of misconduct of the passengers. The contract of carriage shall be deemed void, if the client fails to fulfill their obligations to pay, terminates the payments or if liquidation or bankruptcy proceedings are initiated in relation to the client's property. In case of adverse weather conditions, KG United Transport and Delivery Services shall have the right to decide whether to perform the trip. In case of delays in the provision of the service due to force majeure circumstances and events that hinder or render the service impossible (e.g. technical damages, weather conditions, power outages, regulatory requirements, road closures, traffic obstruction), even if such events occur with subcontractors, suppliers or third parties, KG United Transport and Delivery Services shall not be held responsible for the contractual arrangements and time limits for implementation. The Client shall have the right to postpone the performance of the service for the period of force majeure or to withdraw from the contract in whole or in part. 

§ 12. Responsibility of Client

The Client shall be liable for any damage caused by them or by passengers on and in the vehicles. In case of refusal of the passenger to accept the rental price, the client shall be obliged to make the payment. 

§ 13. Responsibility of KG United Transport and Delivery Services

KG United Transport and Delivery Services shall not be liable for any damage caused unless the damage was caused intentionally or by gross negligence on the part of KG Transport and Delivery Services or the driver. In the event of a claim, the damage shall be covered by the motor vehicle insurance of the rented vehicle (a lump sum of EUR 100 million for bodily injury, property or financial damage, but not more than EUR 8 million for each victim) or by the company liability insurance (for bodily injury - EUR 2 million / property damage - EUR 1 million / financial loss - EUR 100,000). In the case of property damage, the liability of KG United Transport and Delivery Services shall be limited to EUR 500.00 for each person at risk. KG United Transport and Delivery Services shall assume no guarantee for the time of arrival and shall not be held responsible for delays in the transportation of the client, unless the late arrival is caused by gross negligence or deliberate, unlawful behavior of KG United Transport and Delivery Services or the driver. Vehicle travel times are determined according to the average traffic conditions and are not guaranteed. Deviations from fixed times for transportation and arrival, in particular due to difficult traffic, interruptions in work or obstructions, unforeseen emergencies such as strikes, war, riots, orders by the authorities, etc., as well as lack of seats and inaccurate information shall not constitute a basis for claiming damages. With regard to that, no guarantee shall be made with respect to transport and transfer links. In this respect, KG United Transport and Delivery Services shall not be responsible for lost profits or other damages suffered by the client. Unless otherwise stated, client’s claims for damages related to the performance of the transport service shall be excluded. If the transport service is not performed or not performed on time and the reason for this is the damage to the vehicle for the reasons which are the responsibility of KG United Transport and Delivery Services, then the claim for compensation of the client shall be limited to the provision of replacement transport and reimbursement of accommodation costs until the provision of another vehicle. Additional damage compensation shall be excluded. In particular, KG United Transport and Delivery Services shall assume no liability for consequential, personal and financial damages unless they have been caused intentionally or by gross negligence. In all other cases, the client is obliged to take all reasonable steps to reduce the damage. This release from liability shall not apply if the cause of the damage is based on intent or gross negligence. Release from liability shall not apply when the client is making claims for damages due to default resulting from lack of guaranteed feature or quality. The additional liability for damages shall be excluded regardless of the legal nature of the claim filed. This clause shall not apply to claims arising from an initial incapacity or inability. As liability is excluded or limited, this also will apply to the personal liability of the employees, workers, associates, agents, intermediaries and freelancers of KG United Transportation and Delivery Services.
Full Casco Insurance and limitation of liability for services relating to providing a driver (a client’s motor vehicle)

Unless otherwise agreed, the following rules shall apply:

1. The client shall be obliged to provide sufficient insurance for the motor vehicle provided by them and to guarantee the availability of Full Casco insurance. If the insurance of the vehicle is not a Full Casco, then the client shall be liable for the damages incurred in the case of gross negligence on the part of the contractor or their driver. The client agrees to the terms of self-participation agreed between them and the insurance company, and that the client will cover the costs arising from any possible increase in insurance premiums, unless the contractor has acted deliberately or with gross negligence. The vehicle must not exhibit any defects which could impair its serviceability within the meaning of the Regulation on the registration and admission of motor vehicles to road traffic. The personal assessment of the driver that the vehicle meets the requirements of the above Regulations shall not release the client from this obligation. The client shall be responsible for the necessary supporting documents (registration documents, confirmation of the insurance) and shall be responsible for all expenses incurred due to technical defects in the vehicle and/or insufficient supporting documents.

2. If a vehicle owned by a third party is used for the service provided, KG United Transport and Delivery Services shall be entitled to conclude full Casco Insurance on behalf of the client and to charge the client for the costs incurred, providing appropriate proof of expenses. At the client's request, these costs incurred by the contractor must be substantiated.

3. Insofar as insurance coverage exists within the framework of compulsory third party liability or professional liability insurance, in the event of damages KG United Transport and Delivery Services shall be liable to the client within the limits of the legal liability provisions. To the extent that, in the event of damage, it is claimed under civil liability insurance, the liability for property damage and loss shall be limited to the maximum of EUR 500.00 for reservation, unless the damage was caused intentionally or by gross negligence. This also shall apply to the persons who work for KG United Transport and Delivery Services as intermediaries and legal representatives. 

§ 14. Invalidity of Individual Provisions

The invalidity of certain provisions of the Transport Contract or of the General Terms and Conditions shall not affect the validity of the entire contract. 

§ 15. Competent Court

All disputes shall be settled by the competent court of Munich.