Terms And Condition

Whenever a passenger transport is booked using Tranzfirst, the following terms and conditions shall apply to the provision of passenger transports by the party liable to carry out such transport (hereinafter referred to as the "PROVIDER" or "PROVIDERS") to the party entitled to utilise the transport service (hereinafter referred to as the "USER" or "USERS") and to the conclusion of a contract between the PROVIDER and USER regarding such service:

Art. 1 Special Booking Details

The USER is informed that (s)he is required to provide certain booking details to the PROVIDER via TRANZFIRST, as otherwise the right to refuse transport applies. In particular, this includes the following data: the number of passengers to be carried, the number of luggage items to be transported, any bulky luggage such as skiing or golf luggage, number and weight of children to be carried. Children up to their 12th birthday or with a height of up to 150 cm shall be secured in an officially approved child seat subject to road traffic regulations, subject to taxi fare regulations (users travelling with babies shall provide baby car seats of group 0 or 0+ themselves. Child seats are supplied by the PROVIDER based on the above details.

Art. 2 Arrangement and Transport Procedure

(1) The USER is required to attend the agreed place at the agreed time after receiving the binding booking confirmation.

(2) The USER shall identify him/herself by providing individual booking details as requested by the taxi driver/rental car driver.

(3) Any booking changes shall be reported to the PROVIDER via TRANZFIRST without delay. Additional costs shall be incurred for late rescheduling (see Art. 4.1).

(4) Should the PROVIDER be unable to carry out the trip booked due to events of force majeure, the PROVIDER reserves the right to engage a substitute driver with an equivalent substitute vehicle to carry out the transport. The USER shall be notified thereof by a renewed confirmation text message and email.

Art. 3 Prices, Fees and Terms of Payment

(1) Regarding any fees for transport services rendered by a taxi company, the applicable statutory taxi fare regulations shall constitute the calculation basis for the fee incurred for the transport service rendered by the PROVIDER. The fee in the territory of application of the relevant regional taxi fare regulations shall be governed by the amount on the taximeter and other surcharges in accordance with the taxi fare regulations.

(2) As regards any fees for transport services rendered by a rental car company, the PROVIDER, by accepting the transport service on Tranzfirst, undertakes to carry out the trip at the price offered there. The price stated there is based on the price structure defined by the PROVIDER and is a fixed price which includes any other fees that may be incurred (particularly including charges for parking, road tolls, waiting times spent etc.).

(3) The fixed price shall not cover any costs caused by the USER and incurred as a result of route changes prompted by the USER (in particular, extending the distance travelled), additional waiting times or any other extra costs or services such as additional parking fees, additional luggage and 'via' trips (additional collections/stops en route). If a booking is changed after the defined time limits, additional costs may be incurred (particularly in the event of route changes, 'via' trips and changes in pick-up times, see Art. 4.2).

Art. 4 Breaches of Transport Contracts and Their Consequences

Art. 4.1 Cancellation and Rescheduling of Trips by USERS

(1) If the PROVIDER is a taxi company, bookings may be cancelled or rescheduled by the user free of charge until the scheduled departure time. After that, cancellation and rescheduling shall no longer be possible and a non-attendance fee subject to the taxi fare regulations shall be charged.

(2) If a booking for a rental car company is cancelled or rescheduled, a difference is made between the time limit for cancellation and the time limit for rescheduling:

(2a) The time limit for cancellation is 24 hours before the scheduled departure time. Rescheduling is free of charge prior to the time limit for cancellation. After the time limit for cancellation has passed, the full fare for the booking will be charged in the event of a cancellation. Rescheduling is then possible for a fee of EUR 5 after the time limit for cancellation unless the time limit for rescheduling has also passed.

(2b) The time limit for rescheduling is 6 hours before the scheduled departure time. After the time limit for rescheduling has passed, the booking can no longer be changed and the full fare for the booking will be charged.

(3) If the booking is rescheduled either before or after he aforesaid time limits, the fare may be recalculated and a new PROVIDER may be defined if appropriate. This depends on the details of rescheduling and availability of the PROVIDER. The USER shall be immediately notified of any changes in the rescheduled booking.

(4) No extra costs will be charged for any changes in the travel time due to the late departure or arrival of a plane, coach, bus or train. The USER shall notify the PROVIDER of such delays without delay.

Art. 4.2 Late Arrival and Non-attendance of USER

(1) The USER shall contact the driver if (s)he is late.

(2) If the PROVIDER is a taxi company, waiting time and non-attendance fees will be charged to the USER in accordance with the applicable taxi fare regulations. For example, the base charge plus 15 minutes waiting time will be charged as a flat fee in case of non- attendance.

(3) If the PROVIDER is a private hire company, the waiting-time fees set by the PROVIDER shall be charged after the waiting time included in the fare (depending on the place of pick- up and booking class) has passed. In the event of non-attendance without prior cancellation, the PROVIDER may charge the full fare to the USER.

Art. 4.3 Exceptional Situations

(1) If an inevitable event occurs (e.g. the vehicle stops working etc.), the PROVIDER reserves the right to use the next best replacement vehicle. In this event it may become impossible in some cases for booking classes to be observed (e.g. Taxi instead of Business Class).

(2) In these exceptional situations, the PROVIDER also reserves the right to cancel bookings. Any charges already paid shall be refunded in this case. No claim for damages and no further claims shall exist.

Art. 5 Liability

(1) With the exception of liability under the product liability act and due to an injury to life, limb or health, the liability of the PROVIDER shall be restricted or excluded as follows:

In the event of negligence, the liability of the PROVIDER shall be restricted to compensation for the typical foreseeable damage. In the event of slight negligence, however, the PROVIDER shall only be liable if it has breached any duty whose fullfilment is a precondition for the proper performance of the contract and, in particular, for the use of the booking platform in a manner that is commercially appropriate with regard to both parties' interests, and on whose fullfilment the USER may rely.

(2) The aforesaid restrictions shall also apply in favour of the PROVIDER's statutory representatives and persons employed by the PROVIDER in performing its obligations if any claims are asserted directly against it.

General Standard Terms and Conditions of Haislah and Callaway,Gbr for the Ongoing Arrangement of Transport Services for the USER

Tranzfirst is a product of Haislah and Callaway, GBR telephone:, shall arrange transport services through the www.Tranzfirst.com booking platform (hereinafter referred to as "TRANZFIRST"); the said services shall be rendered by taxi and private hire car businesses registered with TRANZFIRST (hereinafter referred to as PROVIDER or PROVIDERS) for taxi and rental car clients (hereinafter referred to as USER or USERS). The term “rental cars” hereinafter refers to limousines with a driver (booking classes: Economy Class, Business Class and First Class).

Art. 1 Scope of Application

It is of great importance to HAISLAH AND CALLAWAY,GBR that complete transparency is maintained towards all parties and all parties have confidence in the services offered. For this reason the General Standard Terms and Conditions of HAISLAH AND CALLAWAY,GBR shall apply as a foundation for all business relations between USERS and HAISLAH AND CALLAWAY,GBR. These relate to all offers made to USERS for passenger transports via TRANZFIRST, the arrangement of such services by HAISLAH AND CALLAWAY,GBR and any other use of the platform or its services. Any General Standard Terms and Conditions of PROVIDERS or USERS shall only become a part of the contract if their applicability has been expressly agreed upon and HAISLAH AND CALLAWAY,GBR has given its written consent thereto.

Art. 2 Subject of the Agreement

Passenger transport services rendered by PROVIDERS to USERS are arranged via TRANZFIRST, the booking platform provided by HAISLAH AND CALLAWAY,GBR. HAISLAH AND CALLAWAY,GBR enables PROVIDERS to offer their services to USERS on TRANZFIRST. The PROVIDERS post their transport service offer including their qualifications, vehicles, prices and other data relevant to their services on TRANZFIRST, and HAISLAH AND CALLAWAY,GBR presents this service offer to the USERS on behalf of and for the account of the PROVIDERS. Via TRANZFIRST by HAISLAH AND CALLAWAY,GBR, USERS may search for available vehicles and transport capacities and book them through the said platform. HAISLAH AND CALLAWAY,GBR shall act as an agent between the PROVIDER and USER with respect to such passenger transport services. The business relationship established for the purposes of such passenger transport shall only exist between the PROVIDER and USER.

Art. 3 Conclusion of the Contract, Modifications to the Contract

Art. 3.1 Arrangement of Passenger Transport Services Rendered by Taxi Companies As regards passenger transports by taxi companies in their capacity as PROVIDERS, HAISLAH AND CALLAWAY,GBR shall exclusively act as an agent for bookings for such PROVIDERS and shall present the PROVIDERS' service offers on TRANZFIRST on their behalf. USERS search and find suitable transport services on TRANZFIRST and select such services there. HAISLAH AND CALLAWAY,GBR then passes on the USERS' requests to the appropriate PROVIDER who is the selected service provider. The USER receives a provisional, non-binding confirmation of reservation from HAISLAH AND CALLAWAY,GBR immediately after the enquiry has been completed. The contract for rendering transport services shall not be concluded until the job has been accepted by the PROVIDER. The contract shall be exclusively concluded between the USER and the selected PROVIDER. The conclusion of the said contract shall be documented by way of a binding booking confirmation sent by HAISLAH AND CALLAWAY,GBR on behalf of the PROVIDER to the USER. The transport service shall be rendered by the PROVIDER. The transport service shall be accounted for on the basis of the contractual and statutory provisions (e.g. taxi fare) between the PROVIDER and the USER. HAISLAH AND CALLAWAY,GBR may be contractually entrusted with the management of the accounts for passenger transport services for the USER in the name and on behalf of the PROVIDER.

Art. 3.2 Arrangement of Passenger Transport Services Rendered by Private hire companies As regards passenger transports by private hire companies in their capacity as PROVIDERS, HAISLAH AND CALLAWAY,GBR shall exclusively act as an agent for bookings and present the PROVIDERS' service offers on TRANZFIRST on their behalf. USERS search and find suitable transport services on the HAISLAH AND CALLAWAY,GBR platform and select such services there. HAISLAH AND CALLAWAY,GBR verifies the availability of the USER's selected booking enquiry. When availability has been confirmed and the transport job has been booked in the PROVIDER's system, the USER shall receive a binding booking confirmation from HAISLAH AND CALLAWAY,GBR in the name and on behalf of the selected PROVIDER. The contract for rendering the transport service shall be exclusively concluded between the PROVIDER and USER. The transport service shall be rendered by the PROVIDER. The transport service shall be accounted for based on the contractual provisions between the PROVIDER and the USER. HAISLAH AND CALLAWAY,GBR may be contractually entrusted with the management of the accounts for passenger transport services for the USER in the name and on behalf of the PROVIDER.

Art. 4 Prices, Fees and Terms of Payment

(1) The use of the services provided by HAISLAH AND CALLAWAY,GBR as part of an "Individual Account" on TRANZFIRST is free of charge. For the use of HAISLAH AND CALLAWAY,GBR's services as part of a "Corporate Account" on TRANZFIRST, HAISLAH AND CALLAWAY,GBR reserves the right to contractually agree a fixed monthly user fee.

(2) In addition, HAISLAH AND CALLAWAY,GBR reserves the right to provide various booking classes with differently priced service standards to USERS in the name of and on behalf of the PROVIDERS.

(3) Three booking classes exist for rental cars (Economy Class, Business Class and First Class) and one booking class for taxis (Taxi). The individual booking classes differ in terms of the vehicle category, waiting time and service provided (particularly regarding drinks, newspapers in the car etc.).

Art. 5 Electronic Payment

(1) HAISLAH AND CALLAWAY,GBR uses the system of electronic credit card payment and other electronic methods of payment. HAISLAH AND CALLAWAY,GBR works with a reputable provider for electronic payments which manages credit card details and handles payments. HAISLAH AND CALLAWAY,GBR does not store the USERS' payment information (see also TRANZFIRST Privacy Statement).

(2) When a booking is made by a USER, HAISLAH AND CALLAWAY,GBR authorises the USER's credit card payment with the payment provider who then charges the agreed amount to the USER's account after the USER has completed his/her journey with the relevant PROVIDER. To enable the said charge to the account, the final amount charged shall be authorised by the USER at the end of the trip by PIN or by signature. HAISLAH AND CALLAWAY,GBR shall not make the charge to the USER's account without such authorisation.

(3) The amount charged is based on the taximeter price for taxis or the fixed price for private hire companiesplus any additional charges incurred as a result of any of the aforesaid changes (particularly including route charges, waiting times etc.). However, such changes to the fare shall only be valid if authorised by the USER at the end of the trip.

Art. 6 Rights and Obligations of HAISLAH AND CALLAWAY,GBR

Art. 6.1 Provision of Services

Via TRANZFIRST, a USER as a potential passenger for a transport job may make direct contact. In this connection, the PROVIDER's data shall be transmitted to TRANZFIRST for identification purposes after a booking has been made by a USER. In addition to the driver's name (first name and surname), the driver's telephone number, licence number and, if applicable, rating shall also be transmitted. The USER's basic data (particularly the name and telephone number) shall be transmitted before the trip to the PROVIDER and the relevant driver who carries out the job for identification and so that contact can be made if required.

Art. 6.2 Limits of Provision

The services provided by TRANZFIRST shall not include the Internet access required therefor. The USERS shall be personally responsible for maintaining Internet access, the system requirements, configuration and efficiency of their terminal equipment for the use of TRANZFIRST and updating the required software, and shall bear the costs thereof.

Art. 6.3 Debt Collection Management

(1) Due to individual contracts with the PROVIDERS, HAISLAH AND CALLAWAY,GBR acquires the ownership of any and all claims against the USER based on transportation services rendered by the PROVIDERS and is entitled to collect the respective payments in its own name and on its own account.

(2) HAISLAH AND CALLAWAY,GBR will directly collect the incurred fees based on the fare communicated by the PROVIDER and agreed with the USER, by charging the USER’s credit card (or, as applicable, other payment method) through the payment service provider as per Art. 5. All fees and charges shall include statutory value added tax.

Art. 7 USERS' Rights and Obligations

(1) A USER's registration on TRANZFIRST entitles the USER to utilise the technical resources provided by HAISLAH AND CALLAWAY,GBR.

(2) For effective registration, the USER shall provide his/her data as required. This includes, for example, entering the USER's full name, address details and telephone number in the registration screen. These data shall be treated as confidential and shall not be disclosed to any third parties. Further details thereof are laid down in the TRANZFIRST Privacy Statement.

(3) The USER is required at any time to state his/her true and complete personal data subject to the requirements of HAISLAH AND CALLAWAY,GBR and to maintain such data and keep them up to date.

(4) In addition, the USER shall use TRANZFIRST in such a manner that no impairment, overload or damage is caused to TRANZFIRST and the purpose pursued by this platform is not jeopardised or bypassed. The USER will not bypass or modify any safety precautions made by TRANZFIRST, neither itself nor through any third parties.

(5) All rights to the software and the services provided on TRANZFIRST shall remain with HAISLAH AND CALLAWAY,GBR. USERS shall not copy, modify, reverse-engineer, decompile or distribute the software made available to them.

(6) The USER shall store his/her user name and password in a secure location and shall not disclose them to third parties or enable third parties access to TRANZFIRST. The USER shall be solely responsible for the confidentiality and security of his/her account. The USER shall notify HAISLAH AND CALLAWAY,GBR immediately of any unauthorised use by a third party.

(7) The USER undertakes not to bypass HAISLAH AND CALLAWAY,GBR when concluding any contracts with the PROVIDERS if they are part of the services arranged by HAISLAH AND CALLAWAY,GBR.

(8) A registration with TRANZFIRST for an "Individual Account" may be cancelled by its USER at any time. For "Corporate Account" USERS; a notice period of 1 weeks applies.

(9) The USER shall notify HAISLAH AND CALLAWAY,GBR without delay and immediately if the USER is late, the transport job has been cancelled or the driver is late and/or cannot be located.

(10) It is the USER's obligation to check the booking data on the booking confirmation for consistency with the data entered by him/her when making the booking and to immediately report any differences to HAISLAH AND CALLAWAY,GBR.

(11) Other parties' personal data which are transmitted or become known to the USER (in particular, drivers' contact data) shall only be processed by him/her subject to and for the purposes of TRANZFIRST and shall not be transmitted to any uninvolved third parties. Any other regulation shall only be effective if consent has been given thereto.

(12) If the USER fails to comply with his/her obligations, HAISLAH AND CALLAWAY,GBR is entitled to exclude the USER from individual or all TRANZFIRST functions temporarily or, in the event of severe violations, permanently to prevent misuse of TRANZFIRST.

(5) When a booking is changed or cancelled, all TRANZFIRST points granted for this booking will be voided.

Art. 10 Liability, Liquidated Damages

(1) With the exception of liability under the product liability act (Produkthaftungsgesetz) and due to any injury to life, limb or health, the liability of HAISLAH AND CALLAWAY,GBR shall be restricted or excluded as follows:

In the event of negligence, the liability of HAISLAH AND CALLAWAY,GBR shall be restricted to compensation for the typical foreseeable damage. In the event of slight negligence, however, HAISLAH AND CALLAWAY,GBR shall only be liable if HAISLAH AND CALLAWAY,GBR has breached any duty whose fulfilment is a precondition for the proper performance of the contract and, in particular, for the use of the booking platform in a manner that is commercially appropriate with regard to both parties' interests, and on whose fulfilment the USER may rely.

(2) The aforesaid restrictions shall also apply in favour of HAISLAH AND CALLAWAY,GBR's statutory representatives and persons employed by HAISLAH AND CALLAWAY,GBR in performing its obligations if any claims are asserted directly against it.

(3) In addition, HAISLAH AND CALLAWAY,GBR does not assume any liability for the correctness and completeness of the information transmitted to HAISLAH AND CALLAWAY,GBR and forwarded in due time and in unchanged form by HAISLAH AND CALLAWAY,GBR or for the timely receipt of such information by the PROVIDER or, as applicable, the USER. HAISLAH AND CALLAWAY,GBR shall not be liable for any loss of data by the USER as it is the USER's obligation to ensure regular and proper data back-up.

(4) HAISLAH AND CALLAWAY,GBR shall not be liable for any costs arising from any delay on the part of the USER or a third party.

Art. 11 Data Protection

HAISLAH AND CALLAWAY,GBR takes data protection very seriously; for this reason data protection is explained in a separate TRANZFIRST Privacy Statement. Please read the TRANZFIRST Privacy Statement.

Art. 12 Miscellaneous

(1) German law shall apply.

(2) In the event of litigation and if the USER and/or PROVIDER is a business or legal entity, Berlin is agreed to be the place of jurisdiction. The same shall apply in the event that the USER's and/or PROVIDER's registered office or habitual residence is relocated out of the territory of application of the German Code of Civil Procedure (Zivilprozessordnung) after conclusion of the contract or is unknown upon commencement of an action.

(3) If these Standard Terms and Conditions fail to cover any item which requires regulation, the statutory provisions or, as applicable, the principles developed on the basis of previous court decisions shall apply in addition. The ineffectiveness of any of the provisions of these Standard Terms and Conditions shall not result in the ineffectiveness of the entire body of regulations.

Art. 13 TRANZFIRST Support

(1) Should any difficulties or problems arise between the USER and the PROVIDER or its driver, the USER is requested to report this situation to HAISLAH AND CALLAWAY,GBR by email to support@Tranzfirst.com

(2) Should the USER experience any problems with the TRANZFIRST software, the TRANZFIRST Support will be available at the email address support@Tranzfirst.com

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