The following General Terms & Conditions shall apply to all contracts concluded by the customer through the booking system of QLimo Network GmbH (hereinafter referred to as “QLimo”) via the website www.qlimo.com. They also contain legal information regarding the customer’s rights in accordance with the regulations on distance contracts and electronic commerce agreements.

1. Scope, contractual relationship
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping fees
5. Cancellations
6. Payment terms
7. Customer service
8. Warranty for defects
9. Liability
10. Storage of the text of the contract
11. Data protection
12. Right of rescission
13. Code of conduct
14. Jurisdiction, applicable law

1.1. QLimo allows customers to enter into contracts with driving service providers (hereinafter referred to as “Operators”) for using the services offered by them via the website www.qlimo.com. Therefore, once the customer books a service via the website www.qlimo.com, the contract with respect to the service booked is concluded with the Operator specified in the respective service presentation. Each booking is submitted to the respective Operator through QLimo, acting as an intermediary, on your behalf. The contract concluded between the customer and QLimo is only an agency agreement. Consequently, the customer’s contractual relationship with QLimo Network GmbH, Christian-F.-Hansen-Straße 1, 22609 Hamburg, is limited to this agency relationship.

1.2. “Consumer”, as used in these General Terms & Conditions, means any natural person entering into a legal transaction for purposes that predominantly are outside his or her trade, business or profession (Section 13 of the German Civil Code (BGB)).

1.3. Any terms & conditions of the customer that conflict with these General Terms & Conditions are not accepted unless their application is expressly approved by QLimo.

2.1. The presentation of the services on www.qlimo.com does not constitute a legally binding offer, but rather an invitation to book a service. Service descriptions on the website do not constitute representations or warranties. The quality of the services presented on www.qlimo.com is exclusively based on the specific descriptions of the respective Operator. Images are only meant to provide a general idea of the services. 2.2. Unless otherwise specified for a specific service, all services presented are limited to the available capacities. In addition, errors and omissions are excepted.

3.1. The contract is concluded by completing the booking process as described by QLimo below.

3.2. Customers can select specific services from the driving service offering on www.qlimo.com, in particular specific routes at specific times in specific vehicle categories, and add them to a virtual cart by clicking on the “Add to Cart” button. For this purpose they need to register or – if they have already registered – log in. In the next step, customers will see an overview of the details of the driving service they intend to book. Subsequently, they must provide credit card details to secure the payment claim. In the last step, customers will see an additional overview of the driving service they intend to book and the related costs. In this step they can complete the booking process by clicking on the “Place binding order” button.

3.3. QLimo or the Operator will then send the customer an automatic confirmation e-mail containing the customer’s booking which the customer can print using the “Print” feature (booking confirmation). The automatic confirmation of receipt only documents that QLimo received the customer’s booking and does not constitute acceptance of the request. A contract is only formed where QLimo or the respective Operator has confirmed the booking to the customer in a second e-mail, by the express acceptance of the booking or by sending the invoice. In addition, the contract is formed at the latest upon the provision of the service.

4.1. All prices listed on www.qlimo.com include the applicable statutory value-added tax.
4.2. The price calculated during the booking process is based on the assumption that the driving service can be performed without any problems. If driving distances increase or if the driving service requires more time due to circumstances that cannot be attributed to QLimo or the Operator, the actual price of the driving service will increase accordingly. In these cases the calculation of the price increase will be based on the type of the driving service booked and the category of the vehicle. The calculation bases will be provided to the customer during the booking process.

4.3. Customers must specify all items of luggage and any animals to be transported during the booking process. The respective Operator may refuse to transport any luggage items and/or animals other than the ones specified by the customer.

4.4. Customers must specify during the booking process if children requiring special seats need to be transported. The respective Operator may refuse to transport any children in addition to the ones specified by the customer:

5.1.Bookings may only be cancelled within the cancellation period specified in the respective service presentation free of charge if this is specifically specified in the respective service presentation. After the expiry of this cancellation period the following cancellation fees will be charged if the booking is cancelled by the customer.

Cancellation fees for limousines and minivans (up to 8 passenger seats)/bookings made within Germany:

Cancellations made at least 12 hours prior to the commencement of service are free of charge
Fees for cancellations made less than 12 hours, but at least two (2) hours prior to the commencement of service – 75% of the booking amount agreed
Fees for cancellations made less than two (2) hours prior to the commencement of service: 100% of the booking amount agreed

Cancellation fees for limousines and minivans (up to 8 passenger seats)/bookings made from outside of Germany:

Cancellations made at least 24 hours prior to the commencement of service are free of charge
Fees for cancellations made less than 24 hours, but at least twelve (12) hours prior to the commencement of service – 75% of the booking amount agreed
Fees for cancellations made less than two (2) hours prior to the commencement of service: 100% of the booking amount agreed

Cancellation fees for minibuses, coaches and VIP buses (9 and more passenger seats)

Cancellations made at least 14 days prior to the commencement of service are free of charge
Cancellations made at least 14 days prior to the commencement of service are free of charge
Cancellations made between 14 and 8 days prior to provision – 25 % of the booking amount agreed
Cancellations made between 7 and 4 days prior to provision – 50 % of the booking amount agreed
Cancellations made at least 72 hours prior to provision – 75% of the booking amount agreed
Cancellations made less than 24 hours prior to provision – 100% of the booking amount agreed in the amount of 80% of the booking fee. However, customers are free to prove that the Operator did not incur any loss or only incurred a loss that is significantly lower than the flat-rate cancellation fee.

6.1. As a matter of principle, customers must pay the fee specified during the booking process to the Operator on site and prior to the provision of the service.

6.2. Nevertheless, customers must provide valid credit card details as a security during the completion of the booking process. When the booking process is completed, the booking fee plus a security in the amount of 20% of the booking fee (but at least EUR 100.00) is charged to the credit card specified by the customer as a pre-authorisation.

6.3. Customers from the Federal Republic of Germany executing the booking via the German-language booking portal will receive an invoice for the amount actually incurred after completion of the service which the customer must pay by electronic transfer within 14 days of the receipt of invoice. The customer’s credit card will only be actually charged with the specific invoice amount if the customer does not make the payment in accordance with these terms.

6.4 For customers whose permanent address or usual residence is not in the Federal Republic of Germany or customers from the Federal Republic of Germany who use the English-language portal to book the service, the payment is automatically charged to the credit card provided during the booking process after completion of the service.

6.5. The customer’s obligation to pay default interest does not preclude QLimo or the respective Operator from claiming compensation for any additional damage caused by delayed performance.

7.1 You can reach QLimo’s customer service department by calling +49 987 654 321 (8:00-20:00) or by sending a fax to +49 987 654 322 or an e-mail to office@qlimo.com.

8.1. The warranty shall be governed by the statutory provisions without any limitation.

9.1. The liability for damages of QLimo and the respective Operator shall be subject to the following exclusions and limitations irrespective of any other statutory claim prerequisites.

9.2. QLimo and/or the Operator are liable without limitation if the damage was caused intentionally or through gross negligence.

9.3. In addition, QLimo and/or the Operator are liable for a violation of essential duties, the violation of which jeopardises the achievement of the purpose of the agreement, or for the violation of duties the fulfilment of which is a prerequisite for the proper performance of the agreement and on the fulfilment of which the customer regularly relies (referred to as “material duties”). However, in this case QLimo and/or the Operator are only liable for the foreseeable damage typically to be expected for this type of contract. Subject to Section 9.4, QLimo and/or the Operator are not liable for a violation of duties other than the ones set out in the foregoing sentences that is due to ordinary negligence.

9.4. The above limitations of liability do not apply with respect to an injury to the life, body or health of any person, a defect after providing a warranty for the quality of the product, or defects that are fraudulently concealed. This does not affect liability in accordance with the Product Liability Act.

9.5. Where the liability of QLimo or the Operator is excluded or limited, the exclusion or limitation shall also extend to the personal liability of employees, representatives and vicarious agents. 9.6. This does not affect Section 8.1.

10.1. Customers can print the text of the contract before completing the booking by using the print feature of their browser during the last step of the order process.

10.2. The text of the contract is saved in digital form by QLimo and the respective Operator for processing the contract and will be retained for a period of three (3) years. In addition, the text of the contract (including all terms of the contract) is sent to the customer by e-mail immediately after the conclusion of the contract. Customers can view the text of the contract in the e-mail as long as they save this e-mail in their inbox.

10.3. Contracts can only be concluded in the German and the English language.

11.1. Limo will process the customer’s personal data for a specific purpose and in accordance with the statutory provisions.

11.2. QLimo will use the personal data provided for booking services (e.g. name, e-mail address, mailing address, payment information) to perform and process the contract. This data will be treated confidentially and will not be disclosed to third parties that are not involved in the booking process or the provision of the service.

11.3. Customers have a right of access to the personal data stored about them by QLimo free of charge upon request. In addition, they have a right to demand that incorrect data be corrected and that their personal data be blocked and erased to the extent there is no legal requirement for its retention.

11.4. Additional information regarding the type, extent, place and purpose of the collection, processing and use of the personal data required by QLimo can be found in the privacy statement.

12.1.Right of rescission

VWhen consumers enter into distance contracts, they have a statutory right of rescission about which the provider will inform consumers below in accordance with the template based on statutory language. Paragraph (2) contains a rescission form template. Please note that the right of rescission instruction provided below only relates to the agency agreement concluded between you and QLimo. Pursuant to Section 312 para. 2 No. 5 of the German Civil Code (BGB) there is no right of rescission with respect to any transport contract concluded between you and an Operator.

You are entitled to rescind this contract within fourteen days without providing any reasons. The rescission period is fourteen days from the date of the conclusion of the contract. To exercise your right of rescission, you need to notify us (QLimo Network GmbH, Christian-F.-Hansen-Straße 1, 22609 Hamburg, Tel. +49 (0)40 35017949, office@qlimo.com) of your decision to rescind this contract by providing us with an unequivocal statement expressing your desire to rescind this contract (e.g. a letter sent by regular mail or an e-mail). You may use the included rescission form template, but there is no requirement to use this form.

The rescission period shall be deemed complied with as long as you mail the notification expressing your desire to exercise the right of rescission before the expiry of the rescission period.

Consequences of rescission

If you rescind this contract, we must refund all payments received from you, including the cost of delivery (with the exception of the additional costs resulting from the fact that you chose a form of delivery other than the least expensive standard delivery option offered by us), to you without undue delay and at the latest within fourteen days of the day on which we received the notification regarding your rescission of this contract. We will use the same means of payment for this refund that you used in the original transaction unless expressly otherwise agreed; you will not be charged any fees for this refund in any case.

If you requested that the services be commenced during the rescission period, you need to pay us an appropriate amount corresponding to the portion of the services already provided to you by the date on which you notify us of your decision to exercise your right of rescission with respect to this contract compared to the total volume of the services provided for in the contract.

12.2 Rescission form template

(Please complete this form and send it to us if you wish to rescind the contract.)

To:

QLimo Network GmbH Christian-F.-Hansen-Straße 1
22609 Unterföhring

Tel. +49 (0)40 40 35017949

office (@) qlimo.com

I/we (*) hereby rescind the contract concluded by me/us (*) regarding the purchase of the following

•  Goods (*)/the provision of the following service (*)
•  Ordered on (*)/received on (*)
•  Name(s) of the consumer(s)
•  Mailing address of the consumer(s)
•  Signature(s) of the consumer(s) (only where notification is made on paper)
•  Date

(*) Delete as applicable.

QLIMO does not participate at any alternatve dispute resolution

14.1. This contract shall exclusively be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and the applicability of compulsory regulations, in particular of the country in which the customer has his or her usual residence as a consumer, are not affected.

14.2. The place of jurisdiction and performance is the city in which the registered office of QLimo is located (currently Hamburg) if the customer is a merchant, a legal entity under public law or a special fund under public law.