General terms and conditions of Ilic Zoran individual companies
I. Scope
(1) All deliveries, services, services and/or transport services (hereinafter: services) of the Ilic Zoran individual companies (hereinafter: IZ) are carried out exclusively on the basis of these general terms and conditions ( hereinafter: General Terms and Conditions) in the currently valid version. The General Terms and Conditions also apply to all future deliveries and/or services of any kind.
(2) Any terms and conditions of the CUSTOMER that conflict with the General Terms and Conditions are hereby excluded - unless their validity has been expressly agreed to in writing.
(3) Deviations from the General Terms and Conditions require express prior written consent in each individual case to be legally effective IZ and only apply to the respective individual business case.
(4) IZ employees and drivers are not authorized to make promises of any kind.
(5) By using IZ's services, the CUSTOMER and/or the person transported (hereinafter also referred to as passengers) submits to these General Terms and Conditions
II. Contractual basis / online ordering
(1) The basis for the services to be provided by IZ is the individual order placed by the CUSTOMER, in particular by telephone, fax, email and/or via the Internet (ON-Call) and/or the service agreement concluded with the CUSTOMER, as well as the data, documents, information and specifications provided by the CUSTOMER. IZ has no obligation to check the data, documents and information transmitted by the CUSTOMER for any ambiguities, incompleteness or whether they are suitable for the intended purpose.
(2) Offers of any kind from IZ are subject to change.
(3) With his order, the CUSTOMER declares his contractual offer to be binding. An order is only concluded with confirmation of the service order (booking confirmation) by IZ or the actual services; IZ's silence does not constitute acceptance of an order. The CUSTOMER is obliged to check the order confirmation (booking confirmation) immediately. If the order confirmation (booking confirmation) differs from the order, it is deemed to have been approved by the CUSTOMER unless the CUSTOMER notifies otherwise immediately after transmission.
(4) The process of an online order (online booking) takes place in such a way that the CUSTOMER visits the IZ website at the URL : www.wiener-flughafentaxi.at in the first step select the desired service (airport trip, etc.) and enter the order details. In the second step, the type of vehicle, the number of pieces of luggage, the number of passengers are defined and the contact details are entered. In the third step, the customer's contact details are recorded and the payment method (cash, debit or credit card) is selected. In a fourth step, the order data can be checked and the order is sent (offer from the CUSTOMER). The CUSTOMER receives confirmation of receipt of a contract declaration including booking number on the screen. The binding order confirmation will then follow by email. The order data is saved and sent to the CUSTOMER via email along with the general terms and conditions. Input errors can be corrected at any time by deleting the incorrect entry in the respective field or pressing the "delete" button. The contract language is German.
(5) Consumer's right of withdrawal
If the CUSTOMER is a consumer, the following applies:
5.1. If the consumer has concluded the contract with IZ online (via the website) or otherwise by means of remote communication (by telephone/mail/e-mail/fax) within the meaning of the FAGG, the consumer has the right to withdraw within fourteen days of the conclusion of the contract without Giving reasons to revoke the contract.
5.2. In order to exercise the right of withdrawal, the consumer must notify IZ of the withdrawal of the contract by means of a clear declaration (e.g. by means of a letter sent by post or by email) to [
5.3. In order to meet the cancellation period, it is sufficient for the consumer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
5.4. If the consumer revokes the contract, IZ must reimburse the consumer all payments that IZ has received from the consumer immediately and at the latest within fourteen days from the day on which the notification of the revocation of the contract was received by IZ. The repayment will be made using the same payment method that the consumer used in the original transaction, unless something else was expressly agreed with the consumer; In no case will the consumer be charged any fees for this repayment.
5.5. A right of withdrawal according to this point does not exist if the requirements of § 18 FAGG are met, in particular in the sense of § 18 Paragraph 1 Z 1 FAGG not for services (such as transport services), if IZ - on the basis of an express request from the consumer and a confirmation of this by the consumer Knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - the service (transport service) had begun to be carried out before the withdrawal period had expired and/or this service was then fully provided.
5.6. Sample cancellation form for consumers
(If the consumer wants to withdraw from the contract, then this form must be filled out and sent to IZ) General Terms and Conditions of IZ
– To [Ilic Zoran Sole proprietorship, Stockerauer Straße 17, 2003 Wiesen,
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
- Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper notification)
–Date
(*) Strike out what doesn't apply.
III. Services from IZ
(1) IZ provides its services in accordance with the respective individual order (ON-Call) and/or the service agreement concluded as well as what is technically and actually possible and legally permissible. The service generally begins and ends - unless the actual circumstances indicate otherwise - on the date according to the order confirmation and at the time specified therein.
(2) IZ makes every effort to provide its services punctually at the agreed time. The CUSTOMER acknowledges that even with the greatest possible care and the best possible coordination of IZ's resources, there will be delays in the start, implementation and termination of the services by IZ, particularly due to unpredictable weather and/or traffic conditions (accidents, traffic jams, etc.). can. In order to avoid delays for the aforementioned reasons, IZ is not obliged to violate regulations, such as in particular the StVO, to obtain additional resources from third parties and/or to take even the slightest risk.
(3) IZ is entitled at any time to refuse and/or cancel a service for whatever reason for the CUSTOMER, the persons transported, the employees of IZ and/or there is a risk of damage to IZ's resources. In particular, IZ is entitled to exclude the following persons from services:
a) Persons who suffer from a notifiable illness that excludes them from transport in regular motor vehicle transport vehicles (Kfl-Bef Bed) or for reasons such as drunkenness or inappropriate behavior or similar would foreseeably cause a nuisance to other passengers, as well as people who could inconvenience other passengers due to their external condition or contaminate the vehicle,
b) Children under six years of age without an accompanying adult; A child from the age of six can act as an accompanying person. IZ employees are not burdened with the duties of the person responsible for custody.
(4) IZ is entitled to refuse to accept luggage if there is not enough space for proper accommodation. The following items are excluded from carriage as baggage:
a) which individually or as a whole exceed the maximum permissible total weight for the respective vehicle, b) which cannot be loaded due to their nature or size.
(5) Luggage and other items may not be left in the vehicle, even if the vehicle is only left for a short time.
(6) Forgotten or lost luggage or other items will be deposited at IZ's business premises for a period of 3 weeks after the service has been provided. These items will be delivered to the owner against proof of ownership. If they are not remedied within the above period or proof of ownership cannot be provided, IZ will proceed in accordance with the provisions of the ABGB regarding lost property. In the event of contradictory declarations of ownership, IZ is entitled to deposit luggage and items with the responsible court in accordance with Section 1425 ABGB.
(7) IZ assumes no liability for losses or damage that are due to inadequate packaging or the special nature of the goods.
(8) Dogs and other animals will only be transported if they can be transported without endangering and/or annoying IZ's passengers, employees and/or resources. Muzzles must be carried for dogs and used when requested by IZ employees.
IV. Obligations of the CUSTOMER
(1) IZ services require appropriate and timely cooperation from the CUSTOMER. The CUSTOMER is therefore obliged to take measures that enable IZ to provide punctual and safe service. The CUSTOMER has in particular
a) to provide addresses, flight numbers, departure or pickup times or changes correctly and completely,
b) adhere to specified pickup addresses and pickup times,
c) to use vehicles carefully and to refrain from behavior that impairs the safety or order of the company,
d) to refrain from actions that are likely to hinder and/or endanger IZ employees in the performance of their work,
e) not to hinder IZ employees when driving the vehicle,
f) not to smoke in the vehicles and General Terms and Conditions of Ilic Zoran Sole Proprietorship, Stockerauer Straße 17, 2003 Wiesen
g) to comply with the instructions of IZ employees in all matters relating to the use of the vehicles.
(2) In the event of a delay/prevention of passengers, the waiting time is a maximum of 30 minutes at IZ's discretion. After the first 10 minutes have expired, IZ is entitled to charge the CUSTOMER a waiting fee of €10 including statutory VAT for each additional 10 minutes. IZ is entitled to charge €9 for each additional address. Definition of additional address: additional stop associated with entry or exit of at least 1 passenger.
(3) In the event of flight delays and/or changes in the flight schedule upon pickup, the CUSTOMER is not obliged to inform IZ of this, to the extent that this is necessary for the provision of the services by IZ communicate. In the case of pickup at the airport, the waiting time at IZ's sole discretion is 30 minutes after the arrival time. This provision also applies when using other means of transport.
(4) After completion of the service, luggage and other items must be inspected to ensure that they are complete and not damaged. Loss and damage to luggage and items must be reported to IZ management in writing within 2 days of the end of the service, otherwise any claims will be lost.
(5) In the event of contamination, damage and/or destruction of IZ resources by passengers
the customer is liable for passengers and/or baggage transported in connection with his order as for his own fault. He must compensate the resulting damage in full.
V. Service fee / payment terms
(1) In the case of an individual order (on-call), the rates and flat rates valid at the time the order is placed are deemed to be agreed as the service fee. In the case of a service agreement, the service fee depends on the service agreement made.
(2) The service fee is - unless otherwise agreed in writing - immediately after the service has been provided in the manner specified by IZ (cash, debit and/or credit card). to pay. Otherwise, the service fee is due for payment immediately after invoicing, net without any deductions and free of charge for the recipient.
(3) All prices are - unless otherwise agreed in writing - in euros including sales tax.
(4) The fee is due in full to IZ even if the order is not fulfilled for reasons beyond IZ's control; the crediting provisions of Section 1155 Paragraph 1 and Section 1168 Paragraph 1 ABGB are also waived.
(5) The prices mentioned by IZ are non-binding unless their binding nature is confirmed in writing. In any case, IZ is entitled to invoice the CUSTOMER for price increases in the event of an increase in relevant material, transport or supplier prices as well as an increase in personnel costs due to mandatory regulations.
(6) IZ is entitled to issue interim statements.
(7) In the event of delay in payment the CUSTOMER is entitled to interest on arrears of 8% above the respective base interest rate of the European Central Bank, However, at least 1% must be paid per month. Any discounts, rebates or other benefits granted are deemed not to be granted in the event of late payment or in the event of the opening of insolvency proceedings against the CUSTOMER. In the event of default, the CUSTOMER undertakes to pay the costs necessary to collect the claim, such as legal fees and reminder fees.
(8) The CUSTOMER is not entitled to withhold payments due to warranty claims or other counterclaims not recognized by IZ. The CUSTOMER's offsetting of the CUSTOMER's counterclaims against IZ's claims, whether in court or out of court, is excluded.
(9) If there is a significant deterioration in the CUSTOMER's financial situation, no unobjectionable credit information will be provided about the CUSTOMER or the CUSTOMER will be in default despite the due date and reminder If the payment is more than 3 weeks in arrears, IZ is entitled to stop all activities and only perform them against prior payment or to withdraw from the contract.
(10) The cancellation (withdrawal by the CUSTOMER) from the order is free of charge up to 2 hours before the agreed start of the service. In all other cases of cancellation, the following cancellation fees will be charged to the CUSTOMER as agreed:
- • Cancellation during the journey to the customer: 50% of the agreed fee.
- • Cancellation or if the respective services are not used if the vehicle is already at the customer's agreed pickup address: 100% of the agreed fee will be charged.
The above cancellation fees also apply if the ordered services have only been partially canceled by the CUSTOMER, whereby the cancellation fees listed above apply to the part of the services that has been canceled , relate.
VI. Warranty / Compensation
(1) Our information about waiting times or arrival dates is non-binding.
(2) A reduction in fees or the refund of fees arising from the legal title of the warranty is excluded. This applies in particular if there are delays in the departure and/or arrival of IZ. were not at fault (point III, paragraph 2 of these General Terms and Conditions). If the customer is a consumer, his statutory warranty rights are not restricted. Force majeure and its consequences release IZ from the obligation to provide services. Force majeure also expressly includes traffic congestion.
(2) IZ is only liable for damage caused by IZ through gross negligence or intent, whereby IZ's liability is limited to the amount of the net price of the respective service unless the CUSTOMER is a consumer within the meaning of Section 1 KSchG. For consequential damage to other legal interests and financial losses of the CUSTOMER, IZ is only liable for damage caused by IZ through gross negligence or intent, whereby IZ's liability is limited to the amount of the net price of the respective service if the CUSTOMER is not a consumer within the meaning of § 1 KSchG is. IZ is only liable for personal injuries caused by gross negligence or intentionally. Liability for lost profits is excluded. The burden of proof for the existence of intent or gross negligence lies with the CUSTOMER, unless he is a consumer within the meaning of Section 1 KSchG. If the CUSTOMER is a consumer within the meaning of § 1 KSchG, (i) the exclusion of liability according to this point only applies to damage that does not occur to a person, (ii) IZ is not liable for damage to the service itself caused by IZ through slight negligence, whereby IZ's liability is limited to the amount of the net price of the respective service and (iii) IZ is only liable for consequential damage to other legal interests and financial losses of the consumer caused by IZ through gross negligence or intentionally and (iv). Liability for lost profits is excluded.
(5) If the CUSTOMER is not a consumer, claims for compensation for damages must in any case, in the event of other losses, be submitted within one year at the latest from knowledge of the damage and the damaging party can be asserted in court.
(5) The CUSTOMER acknowledges that luggage and other items are insured for €30,000 per order. Higher insurance is possible at the CUSTOMER's request. IZ's liability for property damage is limited to this amount. This limitation of liability does not apply if the damage was caused by IZ through gross negligence or intent and the CUSTOMER is a consumer within the meaning of the KSchG.
(6) The above limitations of liability do not apply in the event of physical injury and/or damage to health attributable to IZ or loss of life in connection with the operation of a motor vehicle by IZ. The amount of such damage due to physical injury and/or loss of life is limited to the maximum amount resulting from the respective (motor vehicle) liability insurance and/or passenger insurance (€ 10,000,000, per case of damage), provided that the passenger is not a consumer within the meaning of KSchG is.
(7) The above limitations of liability also apply to damage caused by third parties, persons attributable to IZ in accordance with Section 1313a ABGB.
VII. Subcontractors / Substitution
(1) IZ is entitled to use third parties as subcontractors or by way of substitution (e.g. rental car companies) to fulfill the contractual obligations owed to the CUSTOMER.
VIII. Data protection
(1) In the event of a contract being concluded, IZ collects and processes the personal data provided by the CUSTOMER in the IZ system and uses this for the duration of the contract execution, i.e. for order processing as well Invoice. Personal data is all information by which a person can be identified directly or indirectly, e.g. name, home address, email address, date of birth, profession, bank account details, etc. When registering a
When booking, any special requests (e.g. smokers/non-smokers) are also determined and processed.
(2) The CUSTOMER can request IZ to correct, delete and block the personal data stored by IZ at any time.
(3) For the purpose and duration of the credit check, IZ passes on the personal data required by the CUSTOMER to the company commissioned by IZ, which is obliged to comply with the statutory data protection regulations (name and address ) further.
(4) Any collection, processing and use of personal data that goes beyond the points above requires the CUSTOMER's consent. The CUSTOMER has the right to revoke their consent at any time with effect for the future, which the CUSTOMER can exercise at any time against IZ by sending an email to
XI. Other
(1) Commitments from IZ or changes to this contract require written confirmation in each individual case to be legally effective and only apply to the respective individual business case.
(2) If the written form is required as a requirement for validity, transmission by fax or email also satisfies this requirement.
(3) Delivery from IZ to the CUSTOMER will be made to the address last provided in writing by the CUSTOMER. The CUSTOMER is obliged to notify IZ of a change of address, otherwise deliveries to the address provided will be deemed to have been received. General terms and conditions of Ilic Zoran sole proprietorship, Stockerauer Straße 17, 2003 Wiesen
(4) The nullity or ineffectiveness of individual provisions of these General Terms and Conditions does not affect the effectiveness of the remaining provisions of these General Terms and Conditions and the conclusion of the contract. In this case, those provisions are deemed to be agreed which are legally effective and come closest to the purpose of the void or ineffective provisions.
X. Place of performance / place of jurisdiction
(1) Place of performance for service provision and payment is Vienna.
(2) The exclusive applicability of Austrian law is agreed, excluding reference norms and excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the court responsible for Vienna, Inner City.
(3) If the CUSTOMER is a consumer and has concluded the contract with IZ via remote communication (via web shop/telephone/mail/e-mail/fax), the CUSTOMER can In the event of disputes, contact the Internet Ombudsman or consumer arbitration as a legally recognized arbitration board in accordance with the AStG (Alternative Dispute Resolution Act). The consumer can initiate proceedings via https://ombudsmann.at/ or https://www.verbraucherschlichtung.or.at/ or, in the event of complaints about online orders, contact IZ directly at [office@wiener-flughafentaxi. at turn.
