office@hallermobil.at +43 (0) 869 62 62 MON - SUN:  06:30 - 23:30
office@hallermobil.at +43 (0) 869 62 62 MON - SUN:  06:30 - 23:30

GTC

General Terms and Conditions of hallermobil GmbH

hallermobil GmbH
Franz-Reitlinger-Gasse 5
1220 Vienna

A. Scope/subject matter of the contract

(1) These General Terms and Conditions (hereinafter: GTC) govern the contractual relationship between hallermobil GmbH on the one hand and the customer on the other with regard to the provision of transportation services and related services (hereinafter: transportation services) of hallermobil. All transportation services are provided exclusively on the basis of these GTC in the currently valid version. The GTC also apply to all future transportation services.

(2) By ordering a transportation service, Customers declare that they are aware of these GTC and agree to them; contradictory GTC of the Customers or deviating declarations of the Customers shall not be deemed agreed.

(3) Deviations from these GTC require the express written consent of hallermobil in advance in each individual case in order to be legally effective.

(4) Employees and drivers of hallermobil are not authorized to make promises, offers or to accept orders and notifications of any kind whatsoever.

 

B. Basis of the contract / conclusion of the contract / online orders

(1) Offers of any kind from hallermobil are non-binding.

(2) Excluded from transportation are, in particular, children under 8 years of age without an accompanying person; persons suffering from a notifiable illness that excludes them from transportation in scheduled motor vehicles; persons who pose a danger to themselves or other persons or who, for reasons such as drunkenness, inappropriate behavior or similar, are a foreseeable nuisance to other persons in the transport vehicle; persons who could damage the transport vehicle due to their behavior; and persons who refuse to comply with the legal regulations (e.g. obligation to wear a seatbelt and/or the rules of order in the vehicle (e.g. no smoking, compliance with the driver’s instructions).(e.g. seat belt requirement) and/or the rules of order in the vehicle (e.g. no smoking, compliance with the driver’s instructions).

(2) By ordering the transportation service (hereinafter: order), the customer makes a binding contractual offer. An order only comes into effect upon telephone or written confirmation of the order by hallermobil (“booking confirmation”) or through the actual provision of the transportation services; silence on the part of hallermobil does not constitute acceptance of an order. hallermobil reserves the right not to accept orders without giving reasons.

(3) Customers are obliged to check the booking confirmation immediately. If the booking confirmation deviates from the order, these deviations shall be deemed to have been approved by the customer unless the customer notifies us to the contrary immediately after transmission.

 

C. General obligations of customers

(1) Customers are obligated to take measures that enable hallermobil to provide punctual and safe service. In particular, customers must provide addresses and pick-up times or The customer must correctly and completely indicate any changes and transportation requirements (e.g. wheelchair transportation, need for an accompanying person, special needs of the passenger, special safety measures, etc.) and comply with specified pick-up addresses. If the customer fails to do so and the journey is not made for this reason, the customer shall still be liable to pay the agreed service fee.

(2) The customer is further responsible for ensuring that he or a passenger attributable to him uses the vehicles with care and complies with the legal regulations and the rules of order in the vehicle.

 

D. Delay/prevention of the passenger

(1) In the event of a delay or prevention of the passenger(s), the waiting time is between 5 and a maximum of 10 minutes at the discretion of hallermobil. After this waiting time has expired, hallermobil is entitled to continue the journey without waiting for the delayed or prevented passenger and in this case the customer is still obliged to pay the agreed service fee. A waiting time exceeding the waiting time of 5 – 10 minutes is only carried out at the express request of the customer and at the discretion of hallermobil, and in this case half of the agreed hourly rate will be charged for each half hour of waiting time or part thereof in addition to the agreed service fee.

(2) If delays and/or changes on the part of the customer are foreseeable, hallermobil must be informed as soon as possible, at the latest 1 working day in advance. In the event of timely notification, additional waiting times will not be charged in accordance with point D (1) of these GTC.

 

E. Transportation services/delay, cancellation, refusal and termination of the transportation service

(1) hallermobil provides the transportation services in accordance with the respective individual order and/or the concluded service agreement, as well as the technically and actually possible and legally permissible framework conditions. The transportation service generally begins and ends – unless the actual circumstances indicate otherwise – on the dates and at the times specified in the booking confirmation.

(2) hallermobil makes every effort to provide the transportation services punctually at the agreed time. The customer acknowledges that even with the greatest possible care and the best possible coordination of hallermobil’s resources, there may be delays in the start, execution and completion of the services by hallermobil, in particular due to unforeseeable circumstances (accidents, traffic jams, storms, epidemics, etc.). In order to avoid delays due to the aforementioned reasons, hallermobil is not obligated to procure additional resources from third parties. Such delays do not entitle the customer to withdraw from the contract. In the event of an expected delay of more than 20 minutes, customers will be notified by hallermobil by telephone.

(3) If the provision of transportation services by hallermobil is no longer possible or expedient due to circumstances beyond the control of hallermobil (accidents, traffic jams, storms, epidemics, etc.), the transportation contract will be terminated and the customer will not have to pay a service fee. Beyond this, customers have no further claims against hallermobil.

(4) hallermobil is entitled to refuse and/or cancel a transportation service at any time if, for whatever reason, there is a risk of damage to the customer, the transported persons, the employees of hallermobil and/or the resources of hallermobil. In particular, but not exclusively, hallermobil is entitled to exclude those persons from services immediately and without repayment of the fee who are excluded from transportation in accordance with point B (2) of these GTC.

 

F. Luggage and pets

(1) Each person transported may carry a maximum of one small item of hand baggage. Only pieces of luggage that can easily be placed or stowed in their own seating area are considered hand luggage. Any additional pieces of luggage must be specified when ordering, otherwise hallermobil is entitled to refuse to accept and transport these pieces of luggage.

(2) Notwithstanding point F (1) of these GTC, the following items are excluded from carriage as baggage in any case:

  • Objectsthat exceed the maximum permissible total weight for the vehicle in question, either individually or as a whole;
  • Items that cannot be loaded due to their nature or size;
  • Objects that are likely to harass or endanger other persons or damage hallermobil’s transport vehicle resources.

(3) Dogs and other animals are only transported in suitable transport containers. It also applies that they can only be transported without endangering and/or disturbing passengers, employees and/or resources of hallermobil. When transporting dogs that cannot be transported in transport containers, bite baskets must generally be used.

(4) Customers acknowledge that the final decision regarding the transportation of luggage and/or pets lies exclusively with the driver.

(5) After completion of the service, luggage and other items must be checked for completeness and to ensure that they are not damaged. Damage to luggage and objects must be reported to hallermobil in writing within 14 days of the end of the service, otherwise any claims will be forfeited.

(6) Any luggage or other items remaining in the transport vehicle will be deposited on the business premises of hallermobil for a period of 4 weeks after the service has been provided. These items will be returned to the owner against proof of ownership. If they are not retrieved within the above period or proof of ownership cannot be provided, hallermobil will proceed in accordance with the provisions of the Austrian Civil Code (ABGB) regarding lost property. In the event of contradictory declarations of ownership, hallermobil is entitled to deposit luggage and objects with the competent court in accordance with § 1425 ABGB.

(7) hallermobil is liable for culpably caused disadvantages up to the amount of the proven damage, but not exceeding the maximum limit of EUR 55.00 per piece of luggage. hallermobil assumes no liability for loss or damage caused by inadequate packaging, improper sealing or the special nature of the goods or loss after unloading, or for money or valuables.

 

G. Service fee / Terms of payment / Cancellation

(1) In the case of an individual order, the rates and flat rates valid at the time the order is placed shall be agreed as the service fee. The fee agreement refers to the agreed route and the specified duration of the journey. If the distance actually traveled – for reasons attributable to the customer or the passengers attributable to the customer – exceeds the agreed trip duration or distance, an additional EUR 75.00 shall be charged per hour or part thereof or an additional EUR 0.98 per additional kilometer. In the case of a service agreement, the service charge is based on the service agreement concluded in each case.

(2) The service fee must be paid (i) in the case of payment on account before the start of the journey or (ii) in the case of payment on account immediately after the service has been provided in the manner specified by hallermobil. Unless otherwise agreed in writing, all prices are quoted in euros and include VAT.

(3) The service fee is due to hallermobil in full even if the order is not fulfilled for reasons that lie within the sphere of the customer and the offsetting provision of § 1168 para. 1 ABGB is waived to this extent.

(4) Notwithstanding point G. (3) of these GTC, (i) for orders that are demonstrably canceled by the customer more than 48 hours before the start of the transport service, no service fee is payable and (ii) for orders that are demonstrably canceled more than 24 hours before the start of the transport service, only 50% of the agreed service fee is payable.

(5) If an order comprises several individual orders, HALLERMOBIL shall be entitled to submit interim invoices.

(6) In the event of default of payment, customers shall pay default interest; this shall amount to 4% p.a. above the base interest rate for consumers within the meaning of Section 1 (1) KschG and 9.2% p.a. above the base interest rate for entrepreneurs within the meaning of Section 1 (1) KschG. Any discounts, rebates or other benefits granted shall be deemed not to have been granted in the event of default in payment or in the event of insolvency proceedings being opened against the customer. In the event of default, Customers undertake to bear all additional costs arising from reminders and receivables management.

(7) Customers are not entitled to withhold payments due to warranty claims or other counterclaims not recognized by HALLERMOBIL. The offsetting of the customer with counterclaims against claims of hallermobil, whether in or out of court, is excluded. These provisions do not apply to consumers within the meaning of § 1 KschG.

(8) If there is a significant deterioration in the financial circumstances of the customer, if there is no unobjectionable credit information about the customer or if the customer is in default of payment for more than 3 weeks despite the due date and reminder, hallermobil is entitled to cease all activities and only provide them against prior payment or to withdraw from the contract.

 

H. Warranty – Compensation

(1) A reduction in charges or the reimbursement of charges is excluded if delays in departure and/or arrival are not the fault of HALLERMOBIL. In the event of fault, the following provisions shall apply.

(2) For customers who are entrepreneurs within the meaning of the KschG, the following shall apply: With the exception of personal injury, HALLERMOBIL’s liability towards customers shall be limited on the merits to such demonstrable damage that was caused intentionally or at least through gross negligence. The burden of proof for the existence of intent or gross negligence shall be borne by the customer.

(3) The above limitations of liability shall also apply to damage caused by third parties.

(4) In the event of contamination, damage and/or destruction of hallermobil resources by passengers, the customer is liable for passengers and/or luggage transported in connection with their order as if it were their own fault. The customer must compensate hallermobil in full for the damage in this regard – including loss of earnings due to downtime.

 

I. Subcontractors

hallermobil is entitled to use third parties as subcontractors or by way of substitution (e.g. rental car companies) to fulfill its contractual obligations to the customer.

 

J. Data protection

We refer you to our privacy policy. You can access this at www.hallermobil.at/datenschutz.

 

K. Other

(1) Deliveries from hallermobil to customers are made to the last address provided by the customer in writing. Customers are obliged to inform hallermobil of a change of address, otherwise deliveries to the address provided will be deemed to have been received and will also be charged.

(2) The invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions of these GTC; in this case, those provisions shall be deemed agreed which are legally effective and come closest to the purpose of the invalid or ineffective provisions.

 

L. Place of fulfillment – place of jurisdiction

(1) The place of performance for all obligations of the customer resulting from the contractual relationship is – unless otherwise agreed in writing – the registered office of hallermobil.

(2) For all claims and disputes arising in connection with the contractual relationship, it is agreed that Austrian law shall apply to the exclusion of the conflict of law rules; the provisions of the UN Convention on Contracts for the International Sale of Goods shall be deemed waived. The exclusive place of jurisdiction shall be the competent court for 1220 Vienna. The place of jurisdiction for consumers within the meaning of the Austrian Consumer Protection Act shall be governed by the statutory provisions.