§ 1 Applicability
The following terms and conditions apply to Executive Limousines Tsamis (further called ‘ELS’), chauffeur and limousine services, especially on transport of passengers on scheduled services, rented bus service, rented vehicles and trips with private automobiles as well as services from the event management field. They also apply to all prospective trade marks with a secondary meaning, even if they are not expressly agreed. As long as usage of our services lasts, our conditions are binding and assumed. Deviations from our terms and conditions are only taken by a written confirmation on our part effectively.
§ 2 Contract issue and contract conclusion
The offers of ELS are non-binding. Orders and declarations of acceptance confirmed in written forms can be legally binding. Furthermore, the client agrees to all of order-related factors, such as order location, date, number of persons, desired vehicle, number of pieces of baggage, delay. Information and data must be available to the company ELS within a reasonable time and in a final, binding version. ELS has no obligation to verify the traditional data or documentation and their correctness. Amendments, modifications or subsidiary agreements must be in written form. ELS confirms the order, as a rule immediately, latest within 3 working days. A contract is also concluded that ELS actually renders the services ordered. A booking via the online booking form is legally binding, but it is also always confirmed in written form by ELS.
§ 3 Prices
Unless otherwise agreed, in principle, always current, published price list on the homepage of the company ELS is valid. In addition, limousine services are charged separately. The costs, if not agreed otherwise, like exclusive additional costs which are given as part of the customer or the services of persons in order to be transported, are not included and are billed separately. The ELS adheres to its bid prices seven days bound, and then it additionally requires a new agreement.
§ 4 Terms of Payment
Payments are due two weeks after receipt of invoice, unless it was otherwise agreed. The bills are, as agreed by bank transfer net to one of the bank accounts specified in the invoice, paid by cash or by check payable to. Advance payment or cash in the car are also permitted. Prepay for new customers from abroad applies the rule. We accept credit cards like Master, Visa and American Express. Paying with a credit card carries an additional handling fee. In the case of a customer’s credit card carried in a car, payment may also be done directly in the car after the transfer task is executed. The payment shall be made as soon as ELS obtains the required and invoiced amount. Unit of the party in default, ELS at the end of the 14 day payment period is authorized, on the unpaid amount or interest at the rate charged by commercial banks, to charge for overdraft. In the event that the contractor has not completed or if circumstances become known that the credit is to call into question the company ELS reserves the right to provide the overall legal debt due and to demand advance payments or security deposits. Furthermore, the company ELS is entitled, in the event of default by the Customer, to withdraw from all contracts.
§ 5 Cancellation
Should the customer cancel the contract or should he not resign without taking the performance of our company claim, the Contractor shall be entitled to demand a reasonable compensation for arrangements and planning. This is true even if the customer is not at fault. The ELS is entitled to estimate sum compensation. Decisive for the cancellation is a cancellation receipt. Cancellations are only on weekdays between 09:00 – 20:00 accepted. If the agreed performance without the written cancellation is not claimed, then the customer has to pay the agreed price without deductions.
If the period between the cancellation or postponement and the booked journey is more than 24 hours the transfer service is free of charge.
In case of cancellation or rebooking while the chauffeur is already on the way to the pick-up location and/or there is less than an hour remains until the start of the journey the full fare is to be charged.
If the distance or number of hours is less than originally booked, the price remains unaffected.
Short-term changes cannot be guaranteed by ELS.
This cancellation policy does not apply to transfer or hourly/as directed bookings for World Economic Forum (WEF) in Davos. For details regarding cancellation policy during WEF, please contact our office.
Cancellation fees for limousines and mini vans (up to max. 8 seats):
If the period between the cancellation or postponement and the booked journey is less than 24 hours, the cancellation fee is 75% of the agreed amount of the booking.
Cancellation charges for minibuses, coaches and VIP coaches (from 9 seats):
If the period between the cancellation or postponement and the booked journey is less than 24 hours, the cancellation fee is 80% of the agreed amount of the booking.
§ 6 Duties and liabilities of the Customers
Duty of our customers is to behave when using our cars as it commands the security and order of operation, their own safety, the safety of our chauffeur and consideration for other people. For security reasons, the instructions of the chauffeur must always be followed. For non-contractual use of the customer with the vehicle, the contract may be terminated with immediate effect, if the guest does not react to a warning. In this case when the completion of the transportation requires no separate notice the ELS reserves the full right to compensation for the entire agreed term of the contract. This shall not affect a claim for damages by the non-conformity with the handling and disposal, a claim for compensation of damage caused by the non-conforming use of the vehicle are provided. Damage to the vehicle or other damage should be replaced by the polluter or our contract partners. If cause and our party are not identical, both jointly and severally are liable. The liability exists even if the client is not at fault. By wanton denials cleaning fees will be charged separately.
§ 7 Contract and transport exclusion
Contract is a subject of approval of the transportation of passengers and other services. The Company ELS reserves the right to exclude from the transport people who pose a threat to security and order, or who do not follow the instructions of the chauffeur or damage the vehicle intentionally or by gross negligence.
§ 8 Limitation of Liability / Limitation
Compensation claims from impossibility of performance, sound, and breach of duty in tort are excluded both against the company ELS as well as against its vicarious aids, unless intentional or grossly negligent. The liability of ELS is limited to a maximum of 3 times the price agreed upon performance. Personal injuries are by the KFZ insurance limited to a maximum of CHF 20,000 per injured person. Any claims based on work performance by ELS that come into consideration must be presented in written form, within 3 working days after termination of the contract with ELS.
Delays or performance failures due to certain force events or the events which the Company ELS considers more difficult or impossible to complete (this includes in particular technical failures, acts of God, weather-related emergency, government regulations, strikes, lockouts, demonstrations, etc.), even if they occur with subcontractors, suppliers or subcontractors, the company ELS even with binding dates and deadlines is not responsible. Entitle them to delay start-up time, or withdraw from the unfulfilled portion of the contract in whole or in part. ELS is also exempted from liability, unless the journey time is exceeded due to circumstances which, despite the utmost care could not be avoided and whose consequences could not have averted.
§ 9 Jurisdiction, Applicable Law, writing requirement
Responsible for this relationship and the legal relationship between the company ELS chauffeur limousine service and the contractor is the Swiss law. The exclusive jurisdiction for all, has the contractual relationship directly in another EU Member state. If the customer is a businessman, a legal person of the ELS court, it is entitled to inform the client of the competent court of law. The Conditions and terms of service are translated for international business terms to the English home page of ELS. In case of deviations between the contents of the English translation from the German original text only German version of the original text is valid.
Executive Limousines Tsamis