Our general terms and conditions
§ 1 – Scope of application
Cab Grill, hereinafter referred to as the Contractor, fulfills all orders on the basis of the following General Terms and Conditions, which apply to all passenger transport and courier services within Austria and neighboring countries. Deviating terms and conditions of the customer, hereinafter referred to as the client, shall not apply, even if the contractor does not expressly object to them. Deviations from the GTC require the express written acceptance of the contractor. By placing an order, the Client acknowledges and agrees to the following GTC. Finally, a contract is only concluded if the order is confirmed by the contractor.
§ 2 – Contracting parties
The service contract shall be concluded exclusively between the Client and the Contractor. Any form of amendment or addition to the order placed must be notified to and agreed with the contractor. The performing driver/subcontractor is not authorized to decide on contractual changes for the contractor.
§ 3 – Obligations and liability of the contractor
The Contractor undertakes to perform the agreed service to the best of its knowledge and belief. It shall only be liable to the Customer for damages in the event of intent, gross negligence or culpable breach of material contractual obligations. In the event of injury to life, limb or health, liability shall be governed by the applicable laws. All vehicles are covered by liability insurance in accordance with the applicable General Terms and Conditions of Insurance; the client is responsible for any additional insurance that may be required.
The contractor is not liable for missed deadlines and their economic consequences, unless these were caused by the contractor; this includes, for example, delays caused by traffic jams, road closures, vehicle breakdowns, traffic accidents or poor weather conditions.
§ 4 – Obligations and liability of the client
The client is obliged to comply with the currently valid StVO. The responsibility for the safe transportation of children and young people under the age of 18 lies entirely with the client or the legal guardian. In addition, the Client undertakes, also on behalf of its passengers, not to misuse the service provided by the Contractor, not to obstruct the performance of the service, not to violate criminal law, not to cause any damage, to comply with the smoking ban in the vehicle and not to refuse to accept payment.
In the event of a violation by the Client, the Contractor is entitled to take the necessary measures. In the case of courier trips, the client must ensure that the transported goods are securely and properly packaged for transportation. Otherwise, he shall be liable for any kind of damage caused during transportation, irrespective of any fault on the part of the contractor or the driver/subcontractor carrying out the transport.
§ 4.1 – Information obligation of the client
When placing the order, the Client undertakes to provide the Contractor with precise and complete information about the booked journey. This includes the necessary information on passengers, time and place of service provision, as well as any transportation goods. In the event of incorrect or incomplete order information by the client, the contractor accepts no liability for any resulting damages. Any change to the agreed pick-up time must be communicated to the Contractor immediately; any damage resulting from failure to notify the Contractor immediately shall be borne by the Client.
In addition, the Client is obliged to inform the Contractor of any dangerous or perishable goods to be transported, as well as the transportation of animals and valuables or money (including the exact value or amount). Should the client fail to comply with his obligation, he shall be liable to the contractor for all costs or damages incurred as a result.
The contractor is entitled to immediately unload and store all goods about which he was not informed when the order was placed, at the expense and risk of the client. If the transportation cannot be carried out due to incomplete or incorrect information, it may be refused by the Contractor, the driver/subcontractor carrying out the transportation, and the claim for payment shall remain in force. If necessary, the Contractor shall be entitled to adjust the price on site to the new circumstances.
§ 5 – Waiting period
In principle, the client is charged € 40 per hour for waiting times, whereby a distinction is made between normal journeys and airport pick-ups. For journeys within Vienna according to the taximeter, outside Vienna at a flat rate and all courier journeys, the charge is made per quarter of an hour or part thereof, whereby the first 5 minutes of waiting time are included in the price. For pick-ups from the airport, the included waiting time is 30 minutes after the arrival time. In the event of delays or changes to the flight schedule at the time of pick-up, the client is not obliged to inform the contractor. This provision also applies to the use of other means of transportation. In addition, the contractor reserves the right to cancel airport pick-ups if subsequent orders can no longer be fulfilled on time. The service shall then be deemed to have been provided and the client shall be invoiced in full.
§ 6 – Cancellation and withdrawal
Cancellation of an order by the Client shall only be effective if it is made in writing or, in the case of an oral declaration, is subsequently confirmed in writing by the Contractor. The timeliness of the written cancellation is determined by the time of receipt by the contractor. Cancellation shall be free of charge if it is made up to 24 hours before the agreed start of the journey. Otherwise, the client will be charged a proportion of the basic price of the journey as compensation, provided that the cancellation is the responsibility of the client and the contractor is not responsible for it; up to 12 hours before the planned start of the journey, 50% will be charged. up to 3 hours before the planned start of the journey, 80% will be charged. in the case of later cancellations or failure to start the journey, 100% will be charged. In addition, the contractor reserves the right to withdraw from the contract in part or in full if the client suspends payment, becomes insolvent or it can be assumed due to other external circumstances that the service is being misused.
§ 7 – Terms of payment
Payment for the services rendered incl. The payment of any cash expenses incurred, of which the client must be informed prior to conclusion of the contract, is due immediately upon issue of the invoice; a payment term of 14 days is granted. Timeliness of payment shall be determined by the time of receipt of payment into the Contractor’s account. Any payment will be used to settle the oldest outstanding claim. In the event of late payment by the client, interest on arrears shall be charged at a rate of 5% above the prime rate. In addition, the client is obliged to bear all fees, expenses and other costs incurred in the course of debt collection.
§ 8 – Place of jurisdiction and partial invalidity
All legal relationships between Taxi Grill and its customers shall be governed exclusively by Austrian law; the place of jurisdiction and place of performance shall be Vienna. Should one or more of the above conditions be invalid, the remaining conditions shall remain unaffected by the invalidity. Invalid clauses shall be replaced by the statutory provisions.
§ 9 – Data protection
§ 9.1 – Personal data
All personal data transmitted electronically on our website (e.g. name, address, telephone number, etc.) will be used by us exclusively for the execution of the order placed, stored securely and never passed on to third parties. The hosting provider automatically stores information such as the browser used, operating system, IP address, time of access, etc. in the background. This data cannot be assigned to a specific person without checking other data sources and we do not evaluate this data further as long as there is no illegal use of our website.
§ 9.2 – Form data
The data entered in the forms will only be stored for the duration of the order fulfillment.
