Taxis & Hire Cars – General terms and conditions
FlyTaxi offers services pursuant to the following general terms and conditions concerning its services and price list. Other terms and conditions are not accepted. These Terms supersede any prior oral and written quotations, communications and agreements of the parties in respect to the use of the services. Exceptions to the terms and conditions do not require a written permission from FlyTaxi. The agreement is valid only if confirmed by FlyTaxi.
Scope of services
Scope of services is determined exclusively according to the written confirmation of the order of FlyTaxi or subsidiary according to the written offer of FlyTaxi. Data contained in prospectus, catalogues of services, price lists, and similar information are compulsory only if expressly referred to them. The transportation is performed according to the regulations of the Law on road traffic (StVO) and the Law on passenger transportation (PfefG). The passengers must comply with the instructions of FlyTaxi or the driver. If the passengers act opposite to the instructions or represent menace according to the Law on road traffic or the safety of road traffic by obstructing the driver, then FlyTaxi has the right to exclude them from transportation. In that case, FlyTaxi calculates the full price of the fare including the fixed price or the price per kilometer and all additional and special services.
Driving from the airport (airport transfer)
Each modification of the agreed time of waiting at the airport for any reason must be communicated to FlyTaxi. Damages due to an untimely notification are at the expense of the client.
The prices contain the legal turnover tax in the appropriate legal amount. The prices that are valid on the day of confirmation of booking are valid. Flat rate prices that are not stated in the price list can be agreed only in writing and they are valid only for the agreed date of transport and the time of rent. Any additional time and distance are calculated pursuant to the valid price list. Additional costs due to delay are at the expense of the client, with the exception of the delays that are caused by an oversight or miscalculation of FlyTaxi or the driver. The taxi fare includes the transport of a passenger and ordinary luggage, whereas a special agreement is necessary for the transportation of bulky goods.
Conditions of payment
FlyTaxi reserves the right to increase the advance payment up to 50% of the total price prior to the ride or to demand blank debit voucher (blank receipt of account charges) of a valid credit card issued on FlyTaxi before the acceptance of the order. The remaining amount of the payment is due to be paid following the terms stated on the bill. Timeliness of payment is determined pursuant to the date of the reception of the agreed amount so that FlyTaxi may unconditionally have it at its disposal. As regards the payment by cheques, a claim is considered paid only after the final booking of approval. The payments are applied always for the settlement of the oldest claim. If the client delays the payment, FlyTaxi calculates the interest – with a limitation of any further damage of delay – at the amount of 5% above the basic interest rate. For the second and each following warning 10,-- € warning fee is calculated. The client reserves the right to provide evidence to prove less damage.
Cancellation and withdrawal
A cancellation is acceptable only if provided in a written form or if it is confirmed by FlyTaxi in an oral statement. Timeliness of a written cancellation is determined pursuant to the date of the reception with FlyTaxi. A cancellation up to 24 hours before the drive, determined by the contract, is free. In case of cancellation, FlyTaxi calculates a share at the basic price of the drive as a damage compensation. This share is:
* 50% with cancellation up to 12 hours
* 80% with cancellation up to 3 hours before the agreed start of the provision of service.
*100% with later cancellation and failure to appear for the ride.
The client is obliged to immediately call FlyTaxi in case they fail to find the driver, whether at the airport or in the city, i.e. to establish contact. In case the client does not call, and the driver cannot find the client (or vice versa), which means that the drive is not realized, then the drive and the time of waiting (if present) are calculated up to 100%.
The expenses (costs) are calculated by FlyTaxi independently from timeliness of cancellation, if they have already been incurred. The client reserves the right to prove that there are no incurred expenses for FlyTaxi or that the incurred damage is little. FlyTaxi reserves the right to cancel this contract totally or partially in the following circumstances: the client suspends their payments, the client falls into bankruptcy, it can be assumed that the services are abused pursuant to the external circumstances, or the client violates the obligation they had according to these provisions of contract.
Obligations and responsibility of the client
The client informs FlyTaxi without delay of any change of name, their address, legal form, or the number of bank or the account. The client is also obliged to provide necessary information on passengers, time, and place of providing service. If the client neglects some notification that cannot be delayed, then they are responsible for any damages that could have been avoided by timely information. The client is also obliged not to abuse the services of FlyTaxi, the following in particular:
* not to obstruct or prevent performing services
* not to cause damages
* not to violate criminal regulations
* to comply strictly to the ban of smoking in the vehicle
* not to refuse to pay the fare.
If the client violates the aforementioned rules, FlyTaxi has the right to undertake any steps necessary to prevent any form of abuse. With punishable violation, the client is responsible to FlyTaxi for damage compensation.
Responsibility of FlyTaxi
Flytaxi is responsible to the client for damage compensation – regardless of the legal basis – only in case of an open intention or gross negligence of services, as well as in case of punishable violations of important contractual obligations of FlyTaxi, its legal representatives or agents. The responsibility for any harm done to life, body or health of the client is governed by the legal regulations. As regards material damage, the responsibility of FlyTaxi is limited to 1.000,00 € per passenger. For vehicles, there is a violation of the obligation of responsibility according to the valid General conditions of insurance. Possible additional insurances must be secured by the passenger himself – FlyTaxi is not responsible for disrespect of the terms and their economic consequences, if they are not caused by an oversight of FlyTaxi. For instance, that covers a delay caused by:
* traffic jam, blockade of streets
* failures on vehicle or traffic accidents
* bad weather
For damages done due to inaccurate information provided by the client, FlyTaxi does not take the responsibility towards the client or passenger.
Valid law and court competence
For all legal relations between FlyTaxi and its clients, only Austrian law is valid. Court competence and place of performance is Vienna.
Invalidity of individual provisions
If one or more of the above mentioned conditions are invalid, the effect of others remains intact.