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General Terms & Conditions

General

Black City Cars AG or BlackCityCars.com enables clients, looking to book a car travel service (passengers), with licensed chauffeurs (drivers) over its online platform, through the combination with many other online platforms, as well as through the applications for mobile devices (“Apps”, all products together, “BCC Tools”). The service of BlackCityCars.com is to connect a passenger looking for a car transport with a licensed chauffeur. BlackCityCars.com does not provide the travel service itself.

In this section, you may %nd all the Terms and Conditions between passengers, drivers and BlackCityCars.com. You may also find the detail description of the service BlackCityCars.com offers through the online platforms connecting the passengers and the drivers.

No deviations from the client Terms, will be accepted, with the exception of a written and signed agreement from BlackCityCars.com management.

Contractual Relationship and Conclusion of Contract

Contractual Relationship

BlackCityCars.com work with independent license chauffeurs. Those chauffeurs provide cars and service. A set of standards are required from the chauffeurs but they remain completely independent of BlackCityCars.com and have the power to accept or refuse any proposals on the online platform.

Therefore, BlackCityCars.com makes the necessary arrangements with the drivers in its own name, which provides the client with an entitlement to carriage over the licensed chauffeur.

The passengers use BlackCityCars.com only as an intermediate or an arranger and not as a transport service. The compensation claim of BlackCityCars.com is made up of arrangement fees as well as the payment made by BlackCityCars.com to the drivers.

Conclusion

By submitting a completed booking form via the BCC Tools the passenger 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 passenger’s Ride Request.

Once a driver accepts the ride through the application, BlackCityCars.com next sends the passenger an email confirming the receipt of the ride details for the travel service which is to be arranged. This is a confirmation that a driver has accepted the request and will provide the service.

License

General Information

Subject to the drivers compliance with these Terms, BCC grants the Driver a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on the Drivers personal device solely in connection with the use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by BCC and BCC’s licensors.

Restrictions

The Dirver may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BCC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services

The Driver acknowledges that the Services may be made available under such brands or request options by or in connection with: (i) certain of BCC’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licenses.

User Registration Requirements for the Use of BCC Tools

It is to the passenger to make sure that all the information that they, or someone else on their behalf, have provided to BlackCityCars.com is complete and accurate. Registration using automated methods is highly prohibited.

Selected Topics of the Contract of Carriage for the Benefit of the passenger

The following conditions apply to the BlackCityCars.com-arranged entitlement to carriage of the passenger directly over the driver:

Transfer Rides / Hourly Bookings, Changes to Service

The passenger can choose between transfer rides and hourly bookings for their ride request. If, according to the express wishes of the passenger, the actual ride request requires additional effort compared to the original ride request, the driver should carry this out where possible. The extra effort may result in additional costs for the individual arrangement.

Changes in travel arrangements are subject to the availability of the driver and can be made by the passenger, even after conclusion of the contract.

Vehicle Class / Vehicle Model, Upgrade

The User can choose from different vehicle classes (e.g. “Sedan Class”, “Business Class" ,"First Class”, “VIP Class” or "Viano Class") for their ride request.

The vehicle images shown in the BlackCityCars.com tool and online platforms are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category - regional differences are especially possible.

Subject to availability, an upgrade from the vehicle class to a higher vehicle class , at no additional cost to the User, may be possible. Here is the hierarchy of classes: (lowest) “Sedan Class”, then “Business Class”, then “First Class”, then “VIP Class” (highest). Note that “Viano Class” is for large groups and cannot be upgraded.

Transport Safety, Consequences

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 will also be higher, as stated in the Booking Confirmation.

The driver 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.

Carriage of Children

The need for safety seats for children should be requested by the passenger as an additional comment by specifying the number and age of children to be transported as well as the required type of seating.

Information on Number of Passengers and Pieces of Luggage

The maximum number of passengers and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of passengers and luggage. These are therefore not binding.

The driver can refuse the carriage of passengers or luggage if they believe they compromise the space and safety conditions.

Prevention of Carriage

The driver 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 passenger as an additional comment.

If, due to this, carriage is not possible, this has no influence on the payment of BlackCityCars.com through the arrangement agreement with the passenger for the transportation booked.

Delays

Exceptional situations such as air-traffic controller strikes, extreme weather conditions, etc. can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by passengers.

Cancellations, Changes to Booking, and No-Shows

Cancellation
Transfer Services

For transfer services, cancellation is free of charge if the driver has not yet set off for the pickup location or over an hour is left before the agreed pickup time. In all other cases, the full arrangement fee is payable to BlackCityCars.com. A cancellation can only be done by using our App or Website.

Hourly Bookings

For hourly bookings, cancellation is free of charge if over 24 hours lie between the cancellation and the agreed pickup time. If less than 24 hours but over 1 hour lie between the cancellation and agreed pickup time, 50% of the total price (or appropriate reimbursement of expenses for the activities carried out by BlackCityCars.com) is to be paid, provided the driver has not yet set off for the pickup location. If the cancellation is made less than 1 hour before the agreed pickup time, or the driver has already set off for the pickup location, the total price is payable. A cancellation can only be done by using our App or Website.

Changes to Booking

Changes to bookings are generally treated as new bookings. The policy for dealing with cancellations (see Paragraph 4.5.1 above) therefor apply to the ride originally agreed upon. A compensation claim by BlackCityCars.com for the originally agreed ride may be made accordingly.

No-Shows without cancellation, Delay to the passenger

In case of a no-show without cancellation, the passenger loses their entitlement to carriage over the driver, however this does not affect the compensation claim of BlackCityCars.com towards the passenger.

Transfer Services

A ride is considered a no-show if the passenger, 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 airport or train station (only long-distance train stations) pickups the ride is considered a no-show when the 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 the driver and the passenger 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.

Hourly Bookings

A ride is considered a no-show if the 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 or train station (only long-distance train stations) pickups the ride is considered a no-show when the 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 the driver and the passenger 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.

Behaviour in the Vehicle

The following behavioural standards apply to the passenger when traveling with the driver: During the entirety of the ride, all passengers must follow the regulations which apply to the relevant Road Traffic Act, especially the seat belt regulations. Any instructions given by the driver must be followed. It is the responsibility of the driver to ensure a safe ride. It is therefor prohibited for passengers 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 passenger wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the driver.

The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent.

Compensation and Payment

Principles

The compensation claim of BlackCityCars.com is specified in the Booking Confirmation.

Key factors for its amount (including reimbursement of expenses to BlackCityCars.com for the arranged transportation service) are: the chosen vehicle class, 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 drivers, individual vehicle labeling, additional stops, bulky luggage, car seats for children, etc. may cause the price to increase.

Ride Changes

Even after the conclusion of the arrangement agreement and even after the start of the ride - provided it is possible for the driver - the passenger can make changes to the Travel Arrangements.

If a ride is spontaneously lengthened (distance or number of hours) according to the wish of the passenger, 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 passenger, due to BlackCityCars.com’s expenses for the Contract of Carriage for the Benefit of the passenger increasing.

If the distance or number of hours are less than originally booked, the price remains unaffected.

Other Premiums

Waiting Times for Transfer Services

For transfer services, no surcharges are applied in the case of airport or train station (excluding long-distance train stations) 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.

Additional Kilometers for Hourly Bookings

Hourly bookings contain the kilometers (per hour) that are stated on the booking form (or by phone). Any additional kilometers are subject to surcharge, including VAT, and are calculated according to the price per kilometer of the particular municipal area as well as the vehicle category.

Terms of Payment and Transaction Fees

The passenger can pay for their ride by credit card. Incidental credit card charges are carried by BlackCityCars.com. Any transaction fees when making payments via bank transfer (e.g. due to different currencies or different local accounts) are carried by the passenger.

Payment Reminders, Unpaid Credit Card Invoices

For each payment reminder, BlackCityCars.com may charge an appropriate penalty fine.

For unpaid credit card debts, BlackCityCars.com charges the passenger for the incurred expenses (bank, credit card company) and reserves the right to assert an appropriate handling fee per incident.

Sending of Invoices, Payment Dates

BlackCityCars.com provides the passenger with the respective invoice electronically as a download in their BlackCityCars.com account. When paying by credit card, payment is due immediately. When paying by bank transfer, the payment date referred to in the invoice must be kept.

Vouchers

Vouchers are only redeemable individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash.

Liability

Principles

BlackCityCars.com is liable for damage caused by BlackCityCars.com or their vicarious agents or subcontractors either intentionally or due to gross negligence. All drivers employed for the travel service are neither vicarious agents nor subcontractors of BlackCityCars.com. Rather, BlackCityCars.com arranges, for the passenger, a direct entitlement to carriage over a driver.

In case of damage caused by simple negligence, BlackCityCars.com 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 passenger 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.

Contents of BCC Tools

BlackCityCars.com is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of BCC Tools, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by BlackCityCars.com. 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, BlackCityCars.com is not liable for the availability and efficiency of the features offered.

Websites of Third Parties

BlackCityCars.com 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 passenger.

Accuracy of Transmitted Information, Disruption of Access

BlackCityCars.com accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the passenger or driver in time. This does not apply to content in the Booking Confirmation.

BlackCityCars.com is not liable for disruptions to the quality of access to the BCC Tools due to excess force or due to events which BlackCityCars.com is not responsible for, in particular the failure of communication networks and/or gateways. BlackCityCars.com makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.

Release of Liability by the User

The passenger releases BlackCityCars.com of all claims and expenses, including appropriate attorneys fees, levied against BlackCityCars.com by a third party for any use of the BCC Tools by the passenger which violates the contract or is a breach of these Terms.

Changes to the Offer by BlackCityCars.com

BlackCityCars.com reserves the right to at any time make changes to the BCC Tools in a way that is appropriate to the passenger, so as to further develop and improve their quality. In addition, BlackCityCars.com reserves the right to, with good cause, temporarily or permanently discontinue its offer through the BCC Tools, even without the passenger being informed personally of this.

Protection of Content, Granting of Rights of Use to BCC Tools

The content contained within the BCC Tools enjoys copyright protection.

BlackCityCars.com grants the passenger the conditional and revocable right to use the BCC Tools as intended through complying with these Terms. Any use beyond this (changes, copies, re-releases, transfers, distribution, or other improper purposes) is prohibited.

Final Provisions

Entirety, Writing

These Terms are the entire agreement between BlackCityCars.com and the passenger for the 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.

Subject to Change

BlackCityCars.com 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 BlackCityCars.com and informing passengers of this. If the passenger does not object to the new Terms within 14 days of the information being published, the new Terms then apply to the passenger. Continued use of BlackCityCars.com’s services is then dependent on the acceptance of the Terms by the passenger.

Offsetting, Retention, and Assignment

The passenger may only offset against undisputed or legally determined counterclaims against BlackCityCars.com. This also applies to the passenger's notice of defects.

The passenger may only exercise a right of retention, if their counterclaim is derived from the same contractual relationship.

The assignment of the passenger's claims from the contractual relationship against third parties without the written consent of BlackCityCars.com is excluded.

Choice of Law and Place of Jurisdiction

Place of fulfillment is Zurich, Switzerland.

Exclusive place of jurisdiction is Zurich, insofar as the passenger is a merchant according to the Commercial Code, or, upon suing, has no fixed place of residence in Switzerland. Legally binding jurisdictions remain unaffected.

Severability

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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