Austin Luxury Black Car (hereinafter referred to as “ALBC”) enables its Users to book travel services over its online platform, through the association with other online platforms, as well as through the applications for mobile devices (“Apps”, all products together, “ALBC Tools”). The service of ALBC is made up only by the arrangement of an entitlement to carriage for a User over a transportation service provider (“TSP”) as an intermediate, and not in the provision of the travel service itself.
These Terms and Conditions (hereinafter referred to as “Terms”) are part of every agreement between Users with the arrangement of a travel service by ALBC. They also describe in detail the travel services which are offered through the direct entitlement created by ALBC between the User and the TSP.
Deviations from the User Terms, even in the case of letters of confirmation and unreserved services, are hereby rejected. Only if the management of ALBC
has expressly agreed in writing, does this not apply.
2. CONTRACTUAL RELATIONSHIP AND CONCLUSION OF CONTRACT
2.1 CONTRACTUAL RELATIONSHIP
ALBC provides the travel services presented by the ALBC Tools neither itself nor through third parties. ALBC arranges for the User simply an entitlement to carriage over a TSP independent of ALBC.
Therefore, ALBC makes the necessary arrangements with the 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"). Consequentially, Users are entitled to demand travel services and other claims directly from the TSP.
The User uses ALBC only as an intermediate or an arranger and not as a transport service. The compensation claim of ALBC is made up of arrangement fees as well as the advance payment made by ALBC to the TSP.
By submitting a completed booking form via the ALBC Tools or by telephone (“Ride Request” of the User) to ALBC 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.
ALBC next sends the User an email confirming the receipt of the ride details for the travel service which is to be arranged. Through this, ALBC confirms only the receipt of the User’s Ride Request.
The arrangement agreement between ALBC and the User for the requested travel service comes into effect only through a separate statement ("Booking Confirmation") by ALBC per email. The User themselves is then entitled to demand the transportation services from the TSP directly as well as to make further claims directly against the TSP.
3. USER REGISTRATION REQUIREMENTS FOR THE USE OF BL TOOLS
It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to ALBC is complete and accurate.
Registration using automated methods is prohibited.
4. SELECTED TOPICS OF THE CONTRACT OF CARRIAGE FOR THE BENEFIT OF THE USER
Under Paragraph 4 described details of the User’s Ride Request (collectively, "Travel Arrangements"), the User can only make demands to the TSP, if they are agreed upon in the arrangement agreement with Blacklane.
The following conditions apply to the ALBC-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 passenger, the actual Ride Request requires additional effort compared to the original Ride Request, 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 the TSP and can be made by the User, or the passenger, 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: For hourly bookings, the trip must always end in the municipal area of the pickup location. 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 vehicle types (e.g. “Sedan" ,"Van/SUV”, or "Limo") for their Ride Request.
The vehicle images shown in the ALBC Tools 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 "Business Class" to a higher vehicle types (such as "SedanVIP" or "SUV/VAN"), at no additional cost to the User, may be possible.
4.3 TRANSPORT SAFETY, CONSEQUENCES
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 will also be higher, as stated in the Booking Confirmation (see Paragraph 5 below).
The 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.
4.3.3 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 TSP can refuse the carriage of passengers or luggage if they believe they compromise the space and safety conditions.
4.3.4 PREVENTION OF CARRIAGE: The 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 of ALBC through the arrangement agreement with the User for the transportation booked.
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 Users.
4.5 CANCELLATIONS, CHANGES TO BOOKING, AND NO-SHOWS
(A) TRANSFER SERVICES: For transfer services, cancellation is free of charge if the TSP has not yet set off for the pickup location or over 90 mins is left before the agreed pickup time. In all other cases, the full arrangement fee is payable to ALBC. A cancellation can only be done by calling our dispatcher.
(B) 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 90 mins lie between the cancellation and agreed pickup time, 50% of the total price (or appropriate reimbursement of expenses for the activities carried out by ALBC) is to be paid, provided the TSP 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 TSP has already set off for the pickup location, the total price is payable. A cancellation can only be done by calling our dispatcher.
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 ALBC 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 over the TSP, however this does not affect the compensation claim of ALBC towards the User.
(A) TRANSFER SERVICES: A ride is considered a no-show if the User, or 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 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 the TSP 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.
(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 or train station (only long-distance train stations) 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 the TSP 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.
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 passengers must follow the regulations which apply to the relevant Road Traffic Act, especially the seatbelt regulations. Any instructions given by the TSP must be followed. It is the responsibility of the TSP to ensure a safe ride. It is therefore 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 User wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the TSP.
Smoking is prohibited in the passenger part of the vehicle. If the User, or passenger, 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.
The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent.
5. COMPENSATION AND PAYMENT
The compensation claim of ALBC is specified in the Booking Confirmation.
Key factors for its amount (including reimbursement of expenses to ALBC for the arranged transportation service) are: the chosen vehicle type, 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.
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 the TSP, the User (and 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 User, or 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 User, due to ALBC'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
5.3.1 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.
5.3.2 ADDITIONAL MILES FOR HOURLY BOOKINGS: Hourly bookings contain the miles (per hour) that are stated on the booking form (or by phone). Any additional miles are subject to surcharge, including VAT, and are calculated according to the price per miles 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. Incidental credit card charges are carried by ALBC. 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, ALBC may charge an appropriate penalty fine.
For unpaid credit card debts, ALBC 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
ALBC provides the User with the respective invoice electronically as a download in their ALBC 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 are only redeemable individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash.
ALBC is liable for damage caused by ALBC or their vicarious agents or subcontractors either intentionally or due to gross negligence. The TSP as well as all drivers employed for the travel service are neither vicarious agents nor subcontractors of ALBC. Rather, ALBC arranges, for the User, a direct entitlement to carriage over a TSP.
In case of damage caused by simple negligence, ALBC 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 BL TOOLS
ALBC is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of ALBC Tools, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by ALBC. 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, ALBC is not liable for the availability and efficiency of the features offered.
6.3 WEBSITES OF THIRD PARTIES
ALBC 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
ALBC accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or driver in time. This does not apply to content in the Booking Confirmation.
ALBC is not liable for disruptions to the quality of access to the ALBC Tools due to excess force or due to events which ALBC is not responsible for, in particular the failure of communication networks and/or gateways. ALBC 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 ALBC of all claims and expenses, including appropriate attorneys fees, levied against ALBC by a third party for any use of the ALBC Tools by the User which violates the contract or is a breach of these Terms.
7. CHANGES TO THE OFFER BY AUSTIN LUXURY BLACK CAR
ALBC reserves the right to at any time make changes to the ALBC Tools in a way that is appropriate to the User, so as to further develop and improve their quality. In addition, ALBC reserves the right to, with good cause, temporarily or permanently discontinue its offer through the ALBC Tools, even without the User being informed personally of this.
8. PROTECTION OF CONTENT, GRANTING OF RIGHTS OF USE TO ALBC TOOLS
The content contained within the ALBC Tools enjoys copyright protection.
ALBC grants the User the conditional and revocable right to use the ALBC Tools as intended through complying with these Terms. Any use beyond this (changes, copies, re-releases, transfers, distribution, or other improper purposes) is prohibited.
9. FINAL PROVISIONS
9.1 ENTIRETY, WRITING
These Terms are the entire agreement between ALBC and the User 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.
9.2 SUBJECT TO CHANGE
ALBC 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 ALBC 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 ALBC’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 ALBC. 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 ALBC is excluded.
9.4 CHOICE OF LAW AND PLACE OF JURISDICTION
For all legal relationships between ALBC and the User the law of Texas is applicable to domestic business is effective.
Place of fulfillment is Texas.
Exclusive place of jurisdiction is Texas, insofar as the User is a merchant according to the Commercial Code, or, upon suing, has no fixed place of residence in the United States. Legally binding jurisdictions remain unaffected.
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.
Status: Austin, TX 2016