The general conditions of the conclusion of transactions of firm Transferdienst Elias Wachnjanski, Landsbergerstr. 25, 82110 Germering
1. Sphere of action
Below-mentioned general conditions extend exclusively on the present and future legal relations between Transferdienst Elias Wachnjanski and their clients. In case of the contradiction of action of the given general conditions with the general conditions of the customer, on the first place are the present conditions, even in the event that Transferdienst Elias Wachnjanski knows about discrepancy/contradiction of conditions, does not protest aigainst them and completely satisfies a condition of the order.
2. The conclusion of the contract
The conclusion of the contract is carried out by written acknowledgement. Transferdienst Elias Wachnjanski confirms the order at once, most later in 14 days. The electronic letter (e-mail) satisfies the acknowledgement. The conclusion of the contract occurs as in the event that Transferdienst Elias Wachnjanski actually carries out treaty provisions. The given instructions operate as in relation to changes and additions of the contract.
3. Services
Transferdienst Elias Wachnjanski undertakes to carry out instructions of the law on traffic (StVG), rules of traffic (StVO), rules about the admission to traffic (StVZO) and to give corresponding, safe and technically faultless vehicle. To the beginning of a trip the car should be in a pure condition. The vehicle should be insured according to the general conditions of insurance of vehicles (АКВ). Transferdienst Elias Wachnjanski can give to the client an excellent vehicle (vehicle), than stipulated. Thus the vehicle should be same or it is better on a class. All trips are made only with the given driver. All drivers have the sanction according to the law on transportation of passengers (PBefG.) Transferdienst Elias Wachnjanski reserves the right to itself to transfer the rights and the duties expiring from the contract, to other enterprise/businessman. In this case the client should be informed. The client can refuse the contract during 3-days term from the moment of the notice.
4. Duties of the client
The client is obliged to address accurately from the vehicle and to execute all instructions and technical rules of use of the vehicle. The client is obliged to follow instructions of the driver. At not respective use or the reference from the vehicle the contract can be instant will terminate, without the further notice. Transferdienst Elias Wachnjanski reserves the right to itself requirements of compensation of earnings in case of the above-stated termination of the contract for all time of action of the contract. Besides it Transferdienst Elias Wachnjanski has the right of the requirement of compensation of the damage caused by the inappropriate reference with the given vehicle. For the client there is a right to prove, that the caused damage actually is smaller, than specified. If Transferdienst Elias Wachnjanski cannot render services on fault of the client, for example the client does not observe the obligations stipulated in the contract the client on former is obliged to pay the stipulated sum.
5. Conditions of payment
Payment is carried out by exhibiting to the client of the account, on address in advance specified by it. Payment of the account occurs in current of 15 days from the moment of reception of the account by the client, and the fact of reception of money firm Transferdienst Elias Wachnjanski is solving. Payment by cash in advance or in the car is possible, in this case the account will be sent at will of the client by mail or in an electronic kind. Monetary unit is euro (Euro).
6. Conditions of refusal
If anything else in default the client more, than for 48 hours prior to the beginning of action of the contract, plus the operating VAT is collected once the reimbursement at a rate of 50 euros is not stipulated. At refusal less than for 48 hour the sum at a rate of 50 % from stipulated is collected. At absence of the client or refusal directly ahead of the beginning of the contract 100 % of the sum stipulated by the contract are collected. Calculation of the sum of the order is made in favour of the client and can be limited only by compensation of direct expenses, depending on a kind and volume of the contract. For the client there is a right to prove, that the valid expenses or a loss below, than specified.
7. Responsibility of Transferdienst Elias Wachnjanski
Responsibility Transferdienst Elias Wachnjanski for infringements of the contract arises only at intention and a negligence, and to the clients, being businessmen (=physical/legal persons, right societies), operating within the limits of the enterprise activity, compensate only typically (directly) the arisen damage. It does not extend at damage of physical character, a life, to health of the client, and also from requirements on cardinal claims and the indemnification from delay (286 BGB). Transferdienst Elias Wachnjanski bears the responsibility in each degree of guilt. The responsibility in case of infringement of cardinal duties is limited to the stipulated typical size of compensation. The responsibility before the client concluding the contract as the businessman, compensation is limited only to size of typical damage, except for wounds, drawing of traumas and harm to health of the client. The material damage which has arisen on fault Transferdienst Elias Wachnjanski is compensated only in in case it does not exceed 1000 euros, as a result of intention or a negligence. Positions of item 7 do not mention responsibility Transferdienst Elias Wachnjanski according to instructions of the law of traffic (StVG). Term of execution of the assignment is rough for, even in the event that it is stipulated in writing. In case of untimely granting the vehicle because of adverse external circumstances Transferdienst Elias Wachnjanski of the responsibility does not bear. On the basis of this requirement of the client on compensation of damage are excluded in any case. Transferdienst Elias Wachnjanski is not responsible for content of advertisment of third parties on its website.
8. Claims
Claims of the complaint or lacks of execution of the contract should be given by the client to firm Transferdienst Elias Wachnjanski within three days from the moment of finding-out. If this does not occur, the contract is considered executed correctly and the right of reception of full compensation remains for Transferdienst Elias Wachnjanski. By way of exception, in case the client cannot notify in the specified term Transferdienst Elias Wachnjanski, it should make it immediately, having explained and having proved impossibility of the duly notice.
9. A judicial accessory, the form of the right, a condition of the written arrangement.
If the client does not belong to judicial system of Germany or other european state the accessory to the location of firm Transferdienst Elias Wachnjanski on all judicial questions is applied. If the client is the businessman, the legal person, body of the public right or the public property, corresponding judicial body is the court in a place of registration Transferdienst Elias Wachnjanski, and Transferdienst Elias Wachnjanski the claim on the client in a place of registration of the last can submit. To the given contract we shall apply the law federal republics Germany (Germany). Oral arrangements Transferdienst Elias Wachnjanski or its representatives have legal power only in case of written acknowledgement.
10. Translation
The present general conditions are translated into english and russian. At semantic inconsistency of english, russian and German texts the original version in German is establishing.
...SECURE DESTINATION !