Terms of Business

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General Terms and Conditions

1. Rental Price:
Rates, Terms of Payment, and Methods of Payment are valid as agreed in the Confirmation of Order. In the event of non-compliance with any of the terms and conditions of order the customer bears any additional and loss of use costs that may result from such non-compliance. (e.g. loss of income, labour, etc.)

2. Payment:
A deposit payment amounting to 50 per cent of the gross total price has to be made to one of fairline's business accounts upon Confirmation of Order. Any remaining charges are to be paid in cash to the driver at least ten business days in advance of end of rental period. Unless stipulated otherwise in the Confirmation of Order this method of payment has to be complied with under all circumstances. If the final price is credited, it will be due for payment one day after expiration of the order.
A charge of €25.00 will be made for each reminder. Interest payable on arrears amounts to 1.4 per cent per month.
If a collection agency or assistance in law enforcement is engaged due to Customer arrears, the Customer is to bear in full the costs resulting from such engagement.

3. Reservation, Pick-up, and Cancellation:
Any cancellation of order has to arrive at fairline in writing eight weeks before begin of fulfilment of the Rental Agreement at the latest. Otherwise a minimum amount of 50 per cent of the expected final price plus third party costs becomes due for payment.

4. Prohibited Use:
fairline expressly prohibits the Customer from using the vehicle for any of the following purposes:
a. Transportation of easily inflammable, toxic or otherwise hazardous materials.
b. Commitment of criminal acts (customs and any others) even if these are punishable only according to the
jurisdiction of the scene of crime.
c. Any other use beyond the scope of the Agreement.

5. Liability of fairline:
fairline accepts liability for any damage culpably inflicted on the Customer, as far as covered by the car insurance taken out for the rented vehicle. For any damage not covered by the insurance fairline cannot be held liable under any circumstances. fairline accepts no liability for damage including, but not limited to, material damage (e.g. by water, fire, accident or similar circumstances and theft) to pieces of luggage or any other objects carried by the customer.
In the event of non-fulfilment and/or delay of the Rental Agreement fairline accepts liability for up to 25 per cent of the gross total price.
Any further claims, including claims against fairline employees, no matter whether they are based on the Agreement or prohibited action, are excluded.
fairline is not obliged to keep objects left in the vehicle by the Customer or third parties.

6. Storage and Transmission of Personal Data:
The Customer gives his agreement to storage of personal data by fairline. fairline is allowed to pass on these data to third parties that have a legally legitimate interest in them.

7. Court of Jurisdiction:
Under all circumstances the court of jurisdiction is 88131 Lindau/Bodensee, Germany.

8. Obligations of fairline:
In the event of a vehicle breakdown that is not caused by an act of god and is clearly chargeable to fairline, fairline is committed to provide a vehicle equal in quality or to agree to pay the costs for such vehicle up to the final price stipulated in the Rental Agreement less costs of service rendered by fairline up that point in time.

9. Driver Status and Fulfilment of Contract:
On principle, any driver(s) provided by fairline has to be treated as equal(s) with the passengers/artists as far as catering and accommodation are concerned. Any driver, however, is entitled to receive a breakfast and a warm meal on each day. If this is not granted, the Customer is committed to directly pay in cash to the driver against receipt a lump sum for catering expenses amounting to €35.00 per driver and per day.
On idle days (off days) or driving days that require a rest period exceeding six hours, hotel room accommodation has to be provided for any driver. As an alternative to providing a hotel room, the Customer may, after consent of the driver(s), pay in cash directly to the driver(s) against receipt a lump sum for lodging amounting to €65.00 per day.
Driver instructions have to be followed unconditionally for reasons of safety. The driver has the sole decision-making powers as far as driving time, rest periods etc. are concerned. If cash payment for the final amount has been agreed, the driver is authorized by fairline to receive the money.
In the event of non-obeyance of driver instructions and/or non-compliance with the agreed Terms of Payment, the driver is entitled to abort the journey/tour. In such a case, the difference between already paid amounts and the agreed final sum remain payable to fairline.

10. Technical Requirements:
Both sufficient parking space and a 380V/32A (min.) power supply within reach (30m max.) for each vehicle have to be provided upon arrival at destination or stopover locations.

11. Additional Costs:
The Customer agrees to pay in full and immediately any additional costs (e.g. parking fees, ferries, tolls, accommodation, additional miles etc.) not agreed prior to the beginning of the order.

12. Damage Inside and Outside of the Vehicle:
The Customer accepts unlimited liability for any damages incurred inside the vehicle (e.g. items of furniture). The Customer also accepts full liability for damages incurred from outside the vehicle, unless these were caused by the driver.
The Customer is absolutely responsible for the safety of the entire vehicle. The only exceptions are technical safety and roadworthiness which are incumbed upon fairline.

No.s 13. and 14. for self-drive rental vehicles only
13. Conduct in Case of Accidents:
The Customer has to inform the police after an accident, if persons were injured or the estimated damage exceeds €150.00. Claims from opposing parties must not be accepted. The Customer has to immediately report fire damage, theft, and damage caused by game to fairline and with damages exceeding €50.00 to the local police authority also.
Even with minor damage, the Customer has to make out a detailed written report including a sketch for fairline. This report must include the names and addresses of all involved persons and possible witnesses in particular as well as the registrations numbers of the involved vehicles.
The Customer always has to inform fairline immediately.

14. Liability of the Customer:
With damages to the rented vehicle caused by the Customer, he accepts liability for repair restricted to the maximum amount stipulated in the Rental Agreement. However, the Customer accepts unlimited liability for damages provided that he caused the damage with intent or through negligence or if the damage resulted from unfitness to drive under the influence of alcohol or drugs. The same applies to damage caused by non-observance of sign No. 265 - max. headroom - according to § 41 Abs. 6 StVO. If the Customer has committed a hit-and-run offence or violated his duty according to these Terms and Conditions, he also accepts full liability, unless the violation had no influence on the establishment of the case of damage. The Customer also accepts full liability for any damage that result from use by an unauthorized driver (No. 5) or use for forbidden purposes (No. 6), the freight or improper handling and maintenance of the vehicle.
The liability of the Customer also extends to additional costs such as expert costs, recovery costs, reduction in value, and loss of rent.
When travelling over the European borders as well as to Eastern Europe the Customer accepts full liability for loss of or damage to the rented vehicle!
In the event of a violation of these Terms of Business the Customer accepts full liability for any damage incurred! This does not apply, if the Customer provides proof, that the breach of agreement is not the cause of the damage.
With regard to all other aspects legal liability remains in force.

15. Severability Clause
Invalidity or voidness of individual provisions of these Terms and Conditions do not affect the validity of the remaining provisions. Invalid or void provisions do not result in the invalidity or voidness of the entire Terms and Conditions. Invalid or void provisions are to be reinterpreted in such a way that the intended purpose is accomplished. If reinterpretation is not possible, the Parties to this Agreement are committed to agree a valid provision the accomplishes as far as possible the purpose of the invalid or void provision.

Note: Please not that this translation is provided for convenience only. In case of discrepancy the German version of these Terms and Conditions prevails.