TERMS & CONDITIONS
TAXI-JOSE – Jose M. Sanchez Herrera
C/ Isaac Peral 97 – 07590 Cala Ratjada (Illes Balears)
NIF: Y-8451117-B
(Hereafter called Taxi-Jose)

Status 01.01.2023

§ 1 General

The General Terms and Conditions listed below apply to the business relationship between Taxi-Jose and the customers of the passenger and material transport services offered by Taxi-Jose. The GTC are subject to change without notice. The currently valid version of the GTC is published on the Internet, is clearly displayed on the premises of Taxi-Jose and is available for inspection in Taxi-Jose’s vehicles. The version of the GTC current at the time of conclusion of the contract and, in the case of continuing obligations, at the time of ordering the transport service shall apply in each case. Deviating or conflicting terms and conditions are only valid if Taxi-Jose has accepted them in writing.

§ 2 Conclusion of contract

1. Taxi-Jose accepts driving orders orally, by telephone, e-mail, fax, in writing or via the web portal. However, a contract is only concluded if Taxi-Jose has either confirmed this order in writing in advance or if the journey is actually commenced. Should the acceptance of an order be based on a printing, calculation or spelling error, Taxi-Jose reserves the right to withdraw.

2. For appointment trips to the airport, train station or port or pick-ups from airports, ships or train stations, a specific pick-up time can be arranged. In such cases, Taxi-Jose must be notified of any changes to the timetable by the customer in sufficient time to allow the parties to agree on a change to the pick-up time, if necessary. Otherwise, the client is liable for the damages incurred by Taxi-Jose. Pick-ups from airports may also relate to the arrival of specific flights, unless a specific pick-up time has been agreed. In this case, it is the customer’s responsibility to inform Taxi-Jose of the exact flight details, in particular the flight number. The collection at the time of the scheduled arrival is always contractually owed, unless the customer informs Taxi-Jose of the changed arrival time in good time or it was reasonable and possible for Taxi-Jose to obtain information about the exact arrival time in good time.

§ 3 Withdrawal and termination by the customer

3. If an order is cancelled by the customer before the date of the journey confirmed in writing, the following cancellation charges will apply:

3.1. For passenger transport by passenger car:

3.1.1. No cancellation fees if the service has not yet been started. Otherwise in the amount of the service rendered.

3.3. In the case of transport of goods:

3.3.1. No cancellation fees if the service has not yet been started. Otherwise in the amount of the service rendered.

§ 4 Prices

1. All prices quoted to end consumers are in EURO and include VAT at the statutory rate. Net prices are quoted to traders.

1.1. Not included are possible traffic route usage fees such as ferries, tunnel fees, etc.

1.2. Expenses are incurred if the driving time exceeds eight hours.

2. The applicable taxi fare regulation of Islas Beleares is decisive for taxi rides. These can be viewed at the offices of Taxi-Jose and the taxis.

3. Taxi-Jose offers fixed prices at the current conditions published in printed material or, if applicable, at www.taxi-jose.es on the Internet at the time of the order. Older fixed prices lose their validity with the publication of a new price list.

4. Price changes are permissible if there are more than 2 months between the conclusion of the contract and the agreed travel date. If wages, the cost of materials or market cost prices increase thereafter until the service is provided, Taxi-Jose is entitled to increase the price appropriately in accordance with the cost increases.

5. The customer is entitled to withdraw if the price increase exceeds the increase in the general cost of living between order and delivery by more than 10%.

§ 5 Due date and payment, delay

1. The fare is due and payable immediately upon performance. Payment can be made in cash or by EC/credit card. Taxi-Jose further reserves the right to advance payment. Excluded from this are orders for which a written agreement to the contrary has been made in advance.

2. In the case of invoice customers, payments for services shall be made within 5 days of receipt of the service-related invoice at the latest. Deductions and deviating payment periods require express written agreement.

3. Payment shall only be deemed to have been made when Taxi-Jose can dispose of the amount without restriction. Cheques and bills of exchange shall only be deemed to be payment after unconditional encashment.

4. If the customer is in default of payment, Taxi-Jose is entitled to charge default interest at a rate of 8% p.a. above the base interest rate. If it can be proven that Taxi-Jose has incurred higher damages due to the delay, Taxi-Jose is also entitled to assert this claim.

§ 6 Carriage of persons and goods

1. Customers must behave at all times in such a way that the safety of the vehicle, the driver and the operation, their own safety and the safety of other passengers and other third parties are not endangered. They shall be responsible for complying with the obligation to fasten seat belts for themselves and for supervising and complying with the obligation to secure minors in their company as well as for supervising and properly securing any animals they may be carrying. Customers must ensure that they or any accompanying underage passengers do not open the vehicle doors unless requested to do so by the driver. Customers and persons accompanying them are nevertheless obliged to check whether it is safe to open the doors. In the event of damage, clients and persons accompanying them shall be liable for all damage caused by them.

2. The choice and equipment of the vehicle is at the discretion of Taxi-Jose. Customers must indicate any special transport requests, in particular due to health requirements, or arrival dates when placing the order and at the start of the journey.

3. In the case of kilometre-based fare calculation, the underlying route is determined together with the customer at the customer’s request before the start of the journey. In the case of kilometre-independent fares, especially for collective journeys, Taxi-Jose is free to choose the route.

4. Luggage and accompanied animals are in the care of the customer during transport, even if Taxi-Jose assists with proper loading and securing. If it is not possible to secure the load or if objects can only be loaded at the risk of the driver, the vehicle or third parties, such objects may be excluded from carriage.

5. Food is only transported in closed containers. Opening such containers or eating food during the journey is prohibited without the express consent of Taxi-Jose. Smoking in taxis is prohibited by law.

6. When taking over items suitable for transport, Taxi-Jose will only check them for completeness at the express request of the customer. For this purpose, the customer shall submit a corresponding written takeover confirmation upon takeover. Items will be loaded and secured by Taxi-Jose in an appropriate manner. If, upon delivery of the courier goods at the destination, a shortage or defect becomes apparent compared to the confirmed acceptance confirmation, this must be notified to Taxi-Jose in writing directly upon delivery, stating the type and extent of the damage.

7. For journeys abroad, the passenger(s) undertakes to be in possession of valid identification documents.

§ 7 Warranty, liability and limitation of liability

1. Natural wear and tear on transport goods, luggage etc. is excluded from the warranty. Suitcases, bags and other transport containers are in proper use during transport by Taxi-Jose and are subject to natural wear and tear during this transport. Damage to the paintwork of bicycles, wheelchairs and prams etc. transported by Taxi-Jose cannot be ruled out, even with proper loading and transport, and is therefore also to be regarded as natural wear and tear.

2. Courier goods that are transported without the personal accompaniment of the customer are excluded from the warranty, unless a suitable acceptance confirmation has been countersigned by Taxi-Jose before the start of the journey (cf. § 5 number 6).

3. Possible warranty claims regarding damage to transported goods must be brought to the attention of Taxi-Jose immediately at the end of the journey.

4. Customers are responsible for any bodily injury or property damage resulting from their own consumption of food in the vehicle, even if this consumption has been permitted to them by Taxi-Jose.

5. Taxi-Jose is liable for damages incurred by the customer due to unpunctual departure or arrival at the destination only if

a. the observance of a specific departure or arrival time has been expressly agreed between Taxi-Jose and the client in good time beforehand

b. and the disruption in performance is not due to natural disasters, unforeseen technical defects, traffic congestion, bad weather, force majeure, accidents or for reasons within the control of the customer. Furthermore, Taxi-Jose shall not be liable if the customer has determined the departure or arrival time himself/herself and has not taken into account normal delays in the journey, for example due to traffic jams. In particular, changes to the flight schedule at short notice or an early or late arrival of the customer compared to the scheduled arrival time do not release the customer from its obligation to perform.

6. Warranty claims arising from deficiencies in performance in terms of deadlines are finally excluded if they are not asserted in writing within 14 days after performance of the service.

7. Taxi-Jose’s liability for damages that are not bodily injury or damage to health is limited to twice the fare, insofar as damage to the customer is caused neither intentionally nor by gross negligence on the part of Taxi-Jose.

8. The customer shall be liable within the scope of the statutory provisions for all property damage or bodily injury caused by him. This also applies to damage caused by underage accompanying persons, animals or transported goods, which, for health or negligent reasons, are caused to the property of Taxi-Jose or third parties. This also applies in particular to damage caused by contamination through vomiting, incontinence or food carried along. When quantifying such damage, Taxi-Jose will claim lost profit due to downtime damage caused by ventilation or drying, in addition to removal.

9. If a care institution, guardian or other natural person / institution appointed to supervise a person under care books transport for the person under care, Taxi-Jose must be informed of this circumstance. The booking entity/person is then liable for all damage caused to Taxi-Jose by the transported person under supervision during the journey or in connection with the journey.