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Terms and Conditions
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General
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Contractual Relationship and Conclusion of Contract
User Registration Requirements for the Use of CMD Tools
Selected Topics of the Contract of Carriage for the Benefit of the User
Compensation and Payment
Liability
Changes to the Offer by CMD
Protection of Content, Granting of Rights of Use to CMD Tools
Final Provisions
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​1. General
Call My Driver (hereinafter referred to as “CMD”) is a private transportation service available to private members only. CMD is not available to the general public as a public conveyance. CMD enables its Private Client User to book transportation services over its online platform, as well as through the applications for mobile devices (“Apps”, all products together, “CMD Tools”). The service of CMD is made up only by the arrangement of an entitlement to carriage of a Private Client User (User) for transportation services.
These Terms and Conditions (hereinafter referred to as “Terms”) are part of every agreement by Users with the arrangement of a travel service by CMD. They also describe in detail the travel services which are offered through the direct entitlement created between CMD, any Transportation Service Provider (TSP) independent of CMD, and the User.
Deviations from the User Terms, even in the case of letters of confirmation and unreserved services, are hereby rejected. Only if the management of CMD has expressly agreed in writing, does this not apply.
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2. Contractual Relationship and Conclusion of Contract
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2.1 Contractual Relationship
CMD provides the travel services presented by the CMD Tools or through third parties CMD arranges for the User simply as an entitlement to carriage or by a TSP independent of CMD.
Therefore, CMD can make the necessary arrangements with a TSP in its own name, which provides the User with an entitlement to carriage over the TSP ("Third-Party Beneficiary", also called "Contract of Carriage for the Benefit of the User").
The User may also use CMD as an intermediate or an arranger and not necessarily as a transport service. The compensation claim of CMD is made up of arrangement fees as well as the advance payment made by CMD to a TSP.
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2.2 Conclusion
By submitting a completed booking form via the CMD Tools or by telephone (“Ride Request” of the User) to CMD the User makes an offer for the conclusion of an arrangement agreement. The object of this agreement is the arrangement of the travel service to meet the User’s Ride Request.
CMD next sends the User an Email or Text message confirming the receipt of the ride details for the travel service which is to be arranged. Through this, CMD confirms only the receipt of the User’s Ride Request.
The arrangement agreement between CMD and the User for the requested travel service comes into effect only through a separate statement ("Booking Confirmation") by CMD per Email or Text message. The User is then entitled to demand the transportation services from CMD or a TSP directly as well as to make further claims directly against the TSP.
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3. User Registration Requirements for the Use of CMD Tools
It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, provides to CMD is complete and accurate. Registration using automated methods is prohibited.
4. Selected Topics of the Contract of Carriage for Benefit of User
Under Paragraph 4 described details of the User’s Ride Request (collectively, "Travel Arrangements"), the User can only make demands to a designated TSP, if they are agreed upon in the arrangement agreement with CMD.
The following conditions apply to a CMD-arranged entitlement to carriage of the User directly over the TSP:
4.1 Transfer Rides / Hourly Bookings, Changes to Service
The User can choose between transfer rides and hourly bookings for their Ride Request. If, according to the express wishes of the User, or guest, the actual Ride Request requires additional effort compared to the original Ride Request, CMD or the TSP should carry this out where possible. The extra effort may result in additional costs for the individual arrangement (for more details see Paragraph 5 below).
Changes in Travel Arrangements are subject to the availability of CMD or the TSP and can be made by the User, or the guest, even after conclusion of the contract in accordance with Paragraph 5 and the payments described therein.
4.1.1
In the case of transfer services the price quoted is valid for a start and destination address. An additional fee, according to the current price structure (see Paragraph 5 below), accrues per stopover on the direct route.
4.1.2
An hourly booking always starts at the pickup time confirmed upon booking.
4.2 Vehicle Class / Vehicle Model, Upgrade
The User can choose from different available vehicle classes (e.g. “Business Class" ,"Business Van/SUV”, or "First Class") for their Ride Request.
The vehicle images shown in the CMD Tools are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category - model differences are especially possible.
Subject to availability, an upgrade from the vehicle class "Business Class" to a higher vehicle class (such as "Business Van" “VIP”, or "First Class"), at no additional cost to the User, may be possible.
4.3 Transport Safety, Consequences
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4.3.1 Luggage, Animals
The price given in the Booking Confirmation includes the number of pieces of luggage specified on the booking form. Excess luggage, bulky luggage, or the transportation of animals not stated as an additional comment upon booking could lead to corresponding surcharges; the arrangement fee may also be higher, as stated in the Booking Confirmation (see Paragraph 5 below).
CMD or a TSP reserves the right to refuse the carriage of luggage and/or animals which was/were not agreed to. This also applies to animals which are not contained in a closed and suitable transport box.
4.3.2 Carriage of Children
The need for safety seats for children should be requested by the User as an additional comment by specifying the number and age of children to be transported as well as the required type of seating (ie; “Toddler”, “Booster”).
4.3.3 Information on Number of Guests and Pieces of Luggage
The maximum number of guests and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of guest and luggage. These are therefore not binding. A designated TSP can refuse the carriage of guests or luggage if they believe they compromise the space and safety conditions.
4.3.4 Prevention of Carriage
CMD or a TSP reserves the right to refuse carriage if compelling (for example under applicable laws) requirements under Paragraph 4.3 were not at all, or not correctly, communicated by the User as an additional comment.
If, due to this, carriage is not possible, this has no influence on the payment to CMD through the arrangement agreement with the User for the transportation booked.
4.4 Delays
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Exceptional situations such as air-traffic controller strikes, extreme weather conditions, safety conditions, etc. can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by Users.
4.5 Cancellations, Changes to Booking, and No-Shows
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4.5.1 Cancellation
(a) Transfer Services
For transfer services, cancellation is free of charge if there is more than five hours left before the agreed pickup time. If there is five hours or less before the agreed pickup time, the total price must be paid. A cancellation can only be done by using the cancel feature in our Website or by telephone, speaking directly with a CMD agent (Not by Voice Mail or Text messages).
(b) Hourly Bookings
For hourly bookings, cancellation is free of charge if there are more than 24 hours left before the agreed pickup time. If there are less than 24 hours before the agreed pickup time, the total price must be paid. A cancellation can only be done by using the cancel feature in our Website or by telephone, speaking directly with a CMD agent (Not by Voice Mail or Text messages).
4.5.2 Changes to Booking
Changes to bookings are generally treated as new bookings. The policy for dealing with cancellations (see Paragraph 4.5.1 above) therefore apply to the ride originally agreed upon. A compensation claim by CMD for the originally agreed ride may be made accordingly.
4.5.3 No-Shows without Cancellation, Delay to the User
In case of a no-show without cancellation, the User loses their entitlement to carriage, however this does not affect the compensation claim of CMD towards the User.
(a) Transfer Services
A ride is considered a no-show if the User, or guest, has not shown up without cancellation within 30 minutes after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
For Airports, Cruise Ship Terminals, or Train Station pickups the ride is considered a no-show when the User, or passenger, has not shown up without cancellation within 60 minutes after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
From this rule situations are excluded in which CMD or a TSP and the guest have agreed on a later pickup time by Phone. Possible surcharges for waiting time have to be remunerated as described under Paragraph 5.3.1. Generally, the passenger is not entitled to change the pickup time.
(b) Hourly Bookings
A ride is considered a no-show if the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full.
For Airport, Cruise Ship Terminal, or Train Station pickups the ride is considered a no-show when the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full.
From this rule situations are excluded in which CMD or a TSP and the guest have agreed on a later pickup time by phone. An hourly booking always starts at the pickup time confirmed upon booking as described under Paragraph 4.1.2. In consequence possible extensions of the hourly booking have to be remunerated as described under Paragraph 5.2. Generally, the passenger is not entitled to change the pickup time.
4.6 Behavior in the Vehicle
The following behavioral standards apply to the User when traveling with the TSP:
During the entirety of the ride, all guests must follow the regulations which apply to the relevant Road Traffic Act, especially the seatbelt regulations. Any instructions given by the Driver must be followed. It is the responsibility of the Driver to ensure a safe ride. It is therefore prohibited for guests to open the doors while driving, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If the User wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the Driver.
Smoking is prohibited in the vehicle. If the User, or guest, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle.
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5. Compensation and Payment
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5.1 Principles
The compensation claim of CMD is specified in the Booking Confirmation.
Key factors for its amount (including reimbursement of expenses to CMD for the arranged transportation service) are: the chosen vehicle, the distance, how far in advance the ride is booked, as well as the pickup time and possibly the location.
Additionally booked special requests, e.g. multilingual chauffeur, individual vehicle labeling, additional stops, bulky luggage, car seats for children, etc. may cause the price to increase.
5.2 Ride Changes
Even after the conclusion of the arrangement agreement and even after the start of the ride, provided it is possible for CMD, the TSP, the User (and the guest) can make changes to the Travel Arrangements.
If a ride is spontaneously lengthened (distance or number of hours) according to the wish of the User, or guest, the actual service (total distance or number of hours) will be newly calculated and priced according to the current price structure. In the case of hourly bookings, each additional 30-minute block is considered for invoicing, i.e. from the first additional minute, a half hour will be rounded up to ensure more reliable planning.
Accordingly, the compensation claim increases for the User, due to CMD’s expenses for the Contract of Carriage for the Benefit of the User increasing.
If the distance or number of hours are less than originally booked, the price remains unaffected.
5.3 Other Premiums
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5.3.1 Waiting Times for Transfer Services
For transfer services, no surcharges are applied in the case of Airport, Cruise Sip Terminal, or Train Station for a waiting time of up to 60 minutes after the agreed pickup time, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time, and up to 15 minutes from the agreed pickup time in all other cases. Each additional minute of waiting time will be calculated as a flat-rate, including VAT, according to the hourly booking prices of the particular municipal area as well as the vehicle category.
5.3.2 Additional Mileage for Hourly Bookings
Hourly bookings contain the mileage (per hour) that are stated on the booking form (or by Phone). Any additional mileage is subject to surcharge, and is calculated according to the price per mile of the particular municipal area as well as the vehicle category.
5.4 Terms of Payment and Transaction Fees
The User can pay for their ride by Credit Card, Debit Card, $ App, Zelle, or Cash. Incidental credit card charges are carried by CMD. Any transaction fees when making payments via bank transfer (e.g. due to different currencies or different local accounts) are carried by the User.
5.5 Payment Reminders, Unpaid Credit Card Invoices
For each payment reminder, CMD may charge an appropriate fee.
For unpaid credit card debts, CMD charges the User for the incurred expenses (bank, credit card company) and reserves the right to assert an appropriate handling fee per incident.
5.6 Sending of Invoices, Payment Dates
CMD provides the User with the respective invoice electronically as a download in their CMD account. When paying by credit card, payment is due at the end of the Ride.
6. Liability
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6.1 Principles
CMD is liable for damage caused by CMD or their vicarious agents or sub-contractors either intentionally or due to gross negligence. The TSP as well as all Chauffeurs employed for the travel service are neither vicarious agents nor subcontractors of CMD. CMD also may arrange, for the User, a direct entitlement to carriage over a TSP.
In case of damage caused by simple negligence, CMD is liable only for breach of fundamental contractual obligations and for foreseeable and typical damage. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and upon which the User can rely.
Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act.
6.2 Contents of CMD Tools
CMD is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of CMD Tools, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by CMD. This applies to all kinds of damage, especially damage caused by errors, delays or interruptions in the transmission, or problems with technical equipment and service, incorrect content, omissions, loss or deletion of data, viruses or in any other way due to the use of this online offer. Furthermore, CMD is not liable for the availability and efficiency of the features offered.
6.3 Websites of Third Parties
CMD accepts no responsibility for the content, accuracy, legality and functionality of third-party websites which are referred to through links. Accessing these pages through hyperlinks is done at the risk of the User.
6.4 Accuracy of Transmitted Information, Disruption of Access
CMD accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or Chauffeur in time. This does not apply to content in the Booking Confirmation.
CMD is not liable for disruptions to the quality of access to the CMD Tools due to excess force or due to events which CMD is not responsible for, in particular the failure of communication networks and/or gateways. CMD makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.
6.5 Release of Liability by the User
The User releases CMD of all claims and expenses, including appropriate attorneys fees, levied against CMD by a third party for any use of the CMD Tools by the User, which violates the contract or is a breach of these Terms.
7. Changes to the Offer by CMD
CMD reserves the right to at any time make changes to the CMD Tools in a way that is appropriate to the User, so as to further develop and improve their quality. In addition, CMD reserves the right to, with good cause, temporarily or permanently discontinue its offer through the CMD Tools, even without the User being informed personally of this.
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8. Protection of Content, Granting of Rights of Use to CMD Tools
The content contained within the CMD Tools is covered by copyright protection.
CMD grants the User the conditional and revocable right to use the CMD Tools as intended through complying with these Terms. Any use beyond this (changes, copies, re-releases, transfers, distribution, or other improper purposes) is prohibited.
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9. Final Provisions
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9.1 Entirety, Writing
These Terms are the entire agreement between CMD and the User for the Ride Service. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement.
9.2 Subject to Change
CMD reserves the right to change these Terms. Notification of the change is made as a unilateral declaration by publishing the new Terms on the website of CMD and informing Users of this. If the User does not object to the new Terms within 14 days of the information being published, the new Terms then apply to the User. Continued use of CMD’s services is then dependent on the acceptance of the Terms by the User.
9.3 Offsetting, Retention, and Assignment
The User may only offset against undisputed or legally determined counterclaims against CMD. This also applies to the User's notice of defects.
The User may only exercise a right of retention, if their counterclaim is derived from the same contractual relationship.
The assignment of the User's claims from the contractual relationship against third parties without the written consent of CMD is excluded.
9.4 Choice of Law and Place of Jurisdiction
For all legal relationships between CMD and the User, the law of the state of California is effective.
Place of fulfillment is Los Angeles, CA.
Exclusive place of jurisdiction is Los Angeles, CA, insofar as the User is a merchant according to the Commercial Code, or, upon suing, has no fixed place of residence in CA.
9.5 Sever-ability
If any provisions of these Terms prove invalid, unenforceable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and the intent of the parties.
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