General Terms and Conditions

GENERAL STANDARD TERMS AND CONDITIONS OF LEANPORT DIGITAL TECHNOLOGIES GMBH FOR THE ONGOING ARRANGEMENT OF TRANSPORT SERVICES FOR THE USER

LeanPort Digital Technologies GmbH (hereinafter referred to as ‘LDT’),represented by Mr. Mortaza Nawroz, Lehrter Str. 41 10557 Berlin, Germany, Lower Trial Court and Registration Court (Amtsgericht) of Charlottenburg, Trade Register no. HRB 1742203B, tax ID number: DE307274025, telephone: 030/6793 6353, shall arrange transport services through the https://limofahr.com/ booking platform (hereinafter referred to as ‘LIMOFAHR’); the said services shall be rendered by taxi and rental car businesses registered with LIMOFAHR (hereinafter referred to as PROVIDER or PROVIDERS) for taxi and rental car clients (hereinafter referred to as USER or USERS). The term “rental cars” hereinafter refers to limousines with a driver (booking classes: Economy Class, Business Class and First Class).

1. SCOPE OF APPLICATION

The LDT takes due care in maintaining complete transparency towards all parties and all parties render quality services which they offer. This is due to this reason that LDT’s General Standard Terms and Conditions apply as a foundation to all business relations between USERS and LDT. These also viable to all USERS for all the offers that are offered to them via LIMOFAHR , the arrangement of such offers by the LDT and any other use of the platform or its services. Any General Standard Terms and Conditions of PROVIDERS or USERS shall only become a part of the contract if their appropriateness is inevitable and LDT has given written consent thereto.

2. SUBJECT OF THE AGREEMENT

Passenger transport services rendered by PROVIDERS to USERS are arranged via LIMOFAHR, the booking platform provided by LDT. LDT enables PROVIDERS to provide their services to USERS on LIMOFAHR. The PROVIDERS should display their transport service by detailing all the details like qualifications, vehicles, prices and other relevant data related to their services on LIMOFAHR and LDT responsibility is to present the whole service offer to the USERS on behalf of PROVIDERS. Via LIMOFAHR by LDT, the USERS are free to choose the available vehicles and transport capacities and book them through the said platform. LDT acts as an agent between the PROVIDER and USER in regard to such passenger transport services. The business relation is only made between the PROVIDER and USER for such transportation services.

3.CONCLUSION OF THE CONTRACT, MODIFICATIONS TO THE CONTRACT

3.1 ARRANGEMENT OF PASSENGER TRANSPORT SERVICES RENDERED BY TAXI COMPANIES

Concerning taxi companies which provide passenger transports and are labeled as PROVIDERS, LDT shall act as an agent for making bookings for such PROVIDERS and shall put PROVIDERS’ service offers on LIMOFAHR on their behalf. USERS then search for the suitable and reliable services on LIMOFAHR and select any service as feasible to them. LDT act as a medium through which USERS’ request pass on to an appropriate PROVIDER who represents as a selected service provider to the user. Now when the enquiry has been completed then the USER will receive a confirmation from the LDT immediately. Rendering the transport service will not come to an end until the job has been accepted by the PROVIDER. The contract is made between the USER and the selected PROVIDER which comes to a conclusion only when the confirmation sent by the LDT on behalf of the PROVIDER to the USER. After the conclusion made by LDT, the transport service is rendered by the PROVIDER and transport service is executed by executing the contractual and statutory provisions (e.g. taxi fare) made between the PROVIDER and the USER. LDT has been assigned as the trusted body that could manage the accounts of the passenger transport services for the USER on behalf of the PROVIDER.

3.2 ARRANGEMENT OF PASSENGER TRANSPORT SERVICES RENDERED BY RENTAL CAR COMPANIES

Concerning rental car companies which provide passenger transports and are labeled as PROVIDERS, LDT shall act as an agent for making bookings for such PROVIDERS and shall put PROVIDERS’ service offers on LIMOFAHR on their behalf. USERS then search for the suitable and reliable services on LIMOFAHR and select any service as convenient to them. LDT act as a medium through which USERS’ request pass on to an appropriate PROVIDER who represents as a selected service provider to the user. Now when the enquiry has been completed then the USER will receive a confirmation from the LDT immediately. Rendering the transport service will not come to an end until the job has been accepted by the PROVIDER. The contract is made between the USER and the selected PROVIDER which comes to a conclusion only when the confirmation sent by the LDT on behalf of the PROVIDER to the USER. After the conclusion made by LDT, the transport service is rendered by the PROVIDER and transport service is executed by executing the contractual and statutory provisions (e.g. taxi fare) made between the PROVIDER and the USER. LDT has been assigned as the trusted body that could manage the accounts of the passenger transport services for the USER on behalf of the PROVIDER.

4. PRICES, FEES AND TERMS OF PAYMENT

4.1 LDT has an individual account on LIMOFAHR where it provides its services which are free of charge whereas to use LDT’s services under corporate account, there needs to fix a monthly user fee.

4.2 LDT also reserve the right to offer several booking classes with different price standard to the USERS in the name of or on behalf of the PROVIDER.

4.3There are three booking classes for rental cars ( Economy Class, Business Class, First Class) and one booking class for taxis. The three categories of the booking classes may differ in terms of the vehicle category, waiting time and service provided in the car such as newspapers and drinks etc.

5. Electronic Payment

5.1 LDT utilizes the electronic credit card payment system and other electronic methods of payments. LDT works with a reputable provider for electronic payments which manages credit card details and handles payments. LDT does not store the USERS’ payment information (Check LIMOFAHR Privacy Statement).

5.2 When booking is done by a USER then LDT authenticates the USER’s credit card payment with the payment provider after which the said amount is deducted, when the USER has successfully completed his or her journey with the PROVIDER. In order for the charges to get deducted, the USER is supposed to authorise the final amount at the end of the journey by entering the PIN or by signature. LDT shall not make the charge to the USER’s account without such authorization.

5.3The amount charged depends upon the taximeter price for taxis and the fixed price for rental cars plus any other extra charge like route charge, waiting times etc. However, such changes to the fare shall only be valid if authorised by the USER at the end of the trip.

6.RIGHTS AND OBLIGATIONS OF LDT

6.1 PROVISION OF SERVICES

Via LIMOFAHR, a USER as a potential passenger for a transport job may make direct contact. In this connection, the PROVIDER’s data shall be transmitted to LIMOFAHR for identification purposes after a booking has been made by a USER. In addition to the driver’s name (first name and surname), the driver’s telephone number, licence number and, if applicable, rating shall also be transmitted. The USER’s basic data (particularly the name and telephone number) shall be transmitted before the trip to the PROVIDER and the relevant driver who carries out the job for identification and so that contact can be made if required.

6.2 LIMITS OF PROVISION

The Internet access is not provided under services by LIMOFAHR and the USERS have to personally take care of maintaining the Internet access. The system requirements, configurations and efficiency of their terminal equipment for using the LIMOFAHR and updating the software and shall bear the costs themselves.

6.3 DEBT COLLECTION MANAGEMENT

  • LDT has the individual contract with the PROVIDERS and therefore is entitled to ownership of any or all claims made against the USER for transportation services rendered by the PROVIDERS and is also authorised to collect the respective payments in its own name or on its own account.
  • LDT has the authority to collect the said amount communicated by the PROVIDER and agreed by the USER by charging the USER’s credit card or any other payment method with the assistance of payment service provider as per the Art.5. All fees and charges shall include statutory value added tax.

7.USERS’ RIGHTS AND OBLIGATIONS

7.1 Upon registering on the LIMOFAHR site, the USER is entitled to utilize the technical resources offered by LDT.

7.2 If the USER wants the registration to be done effectively then the USER is liable to furnish all the details such as full name, address, telephone number etc. in the registration screen These data will be kept confidential and shall not be disclosed to any third parties. The USER can view further details relating to the registration in the LIMOFAHR privacy statement.

7.3 The USER is free to change or update the registration data at any time subject to the requirements of the LDT and always keep the data up to date.

7.4 Also the USER has to stay careful in utilizing the LIMOFAHR platform and doesn’t make any impairment, overload or damage to the platform for which it is made and should not be subjected to any risk. The USER will not bypass or modify any safety precautions made by LIMOFAHR, neither itself nor through any third parties.

7.5 LDT reserves the right to the software and services provided by LIMOFAHR and USERS shall not copy, modify, reverse-engineer, decompile or distribute the software made available to them.

7.6 The USER should keep their user name and password safe and should not disclose the user name and password to any third party or allowing any third party to access LIMOFAHR. The USER is solely responsible for the confidentiality feature of his or her user name or password and any unauthorized access by the third party should be informed to the LDT.

7.7 The USER should give guarantee that they shall not bypass the LDT when concluding any contracts with the PROVIDERS provided that the PROVIDERS are the part of the services arranged by LDT.

7.8 The registration at LIMOFAHR for an individual account can be cancelled by its USER at any time but for corporate account the USERS are subjected to give 2 weeks notice period.

7.9 If the USER is late, the transport job has been cancelled or the driver is late, the USER shall notify the LDT immediately without any delay.

7.10 It is the USER’s responsibility to report to LDT if any booking data doesn’t confirm with what he or she has entered while booking.

7.11 If any other parties’ personal data become known to the USER like driver’s contact data shall only be used for processing the purposes of LIMOFAHR and should not be sent to any other third party. Any other regulation shall only be effective if consent has been given thereto.

7.12 If the USER doesn’t fulfill his or her responsibilities then LDT is entitled to exclude that USER either temporarily or permanently depending upon the violations in order to secure the LIMOFAHR from any misuse.

8.RATING SYSTEM

8.1 The USER is requested to rate the overall journey experience, like the USER has to rate the driver and the vehicle and this rating is only for the purpose of quality assurance and the refinements to be made for customer satisfaction.

8.2 The PROVIDER’s authenticity and the quality is depicted by the star system meant for rental car Companies. Besides this, other factors also play an essential role in addition to customer ratings like the quality of the vehicle, equipment and other accessories.

9.LIABILITY, LIQUIDATED DAMAGES

9.1 With the exception of liability under the product liability act (Produkthaftungsgesetz) and due to any injury to life, limb or health, the liability of LDT shall be restricted or excluded as follows:
In any event of negligence, the responsibility of the LDT is restricted to compensate only for the predictable damage whereas if there is slight carelessness, then LDT will only be responsible if it has violated any responsibilities which is necessary to be fulfilled for the proper performance of the contract and whose fulfillment is also necessary for using the booking platform in a way that commercially stand appropriate to both parties and the fulfillment of which helps the USER to rely on stress-free.

9.2 The above mentioned restrictions shall also apply in favour of LDT’s statutory representatives and persons employed by LDT in performing its responsibilities if any claims are asserted directly against it.

9.3 Furthermore, LDT does not stand responsible for the rightness and fulfillment of the data transmitted to LDT and sent in due time and in unaltered structure by LDT or for the timely receipt of such data by the PROVIDER or, as pertinent, the USER. LDT will not be at risk for any loss of information by the USER as it is the USER’s responsibility to guarantee normal and legitimate information back-up.

9.4 LDT also not be responsible for any type of costs which arise because of the delay caused by the USER or a third party.

10.DATA PROTECTION

LDT stays very serious regarding data protection and hence data protection has been described in a better way in separate LIMOFAHR privacy statement. For more information, please read the LIMOFAHR Privacy Statement.

11.MISCELLANEOUS

11.1 German law shall apply

11.2 In the event of legal dispute and if the USER or PROVIDER is a business or legal entity then Berlin is the place of settlement of the legal dispute. The Berlin will remain the place of settlement even if the USER’s and/or PROVIDER’s registered office or the place of residence got shifted out of the territory of application of the German Code of Civil Procedure (Zivilprozessordnung) even after settling the contract or is unknown upon commencement of an action.

11.3 If these Standard Terms and Conditions fail to cover any item which requires regulation, the statutory provisions or, as applicable, the principles developed on the basis of previous court decisions shall apply in addition. The ineffectiveness of any of the provisions of these Standard Terms and Conditions shall not result in the ineffectiveness of the entire body of regulations.

12.LIMOFAHR SUPPORT

12.1 If there arise any difficulties between the USER and the PROVIDER or its driver then USER is requested to report this situation to LDT by email to [email protected]

12.2 If the USER finds any difficulty with LIMOFAHR software then LIMOFAHR support will be available at the email address: [email protected]

13.LEGAL VALIDITY OF VERSIONS IN OTHER LANGUAGES

This document is subject to German law and shall be interpreted in accordance with German law. It is issued in German and English. In the event of any discrepancies between the German and English versions, the German version shall prevail.