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TERMS OF SERVICE (TOS)
Markitec GmbH (Taxi Merci), Meierhofweg 27, CH-4133 Pratteln

(hereafter referred to as TAXI merci)


§ 1 General

These terms of service apply to all transportation services offered by TAXI merci and may be subject to change. The valid version of these terms is published online and made available within all vehicles operated by TAXI merci. The version of the terms that is the current one at the conclusion of the contract applies. Terms that deviate from this are only valid if they have been accepted in writing by TAXI merci. Passengers are obliged to carry valid personal identification on all international journeys.


§ 2 Conclusion of and withdrawal from contract

1. Bookings may be submitted verbally, by telephone, fax or online via email or TAXI merci's online portal. In order for the contract to enter into effect, acceptance of the order must be confirmed either verbally or in writing, or by actively embarking on the journey. TAXI merci reserves the right to rescind the contract in cases where the acceptance of a booking has taken place on the basis of a misprint, typo or mathematical error.

2. A set pickup time can be arranged for journeys from and to airports, railway stations or harbours. Changes in the time of departure or arrival must be forwarded to TAXI merci by the customer sufficiently early. Customers are liable for all damages that are the consequence of their failing to do so. For pick-up service from airports, customers are responsible for informing TAXI merci of the flight details, particularly the flight number. The contractual obligation lies in providing pick-up service at the time of scheduled arrival, except in cases where the customer has informed TAXI merci of a change in schedule sufficiently early, or in cases where it was possible for TAXI merci to learn the exact time of arrival in sufficient time without an undue burden of effort.

3. The customer may cancel the order at any time, either in written form or by using the cancellation features of the online portal.

If a confirmed order is cancelled by the customer, the following cancellation fees apply:

a. when cancelling up to 1 day before departure: free of cost
b. when cancelling up to 2 hours before departure: 50% of the anticipated price of the service booked
c. when cancelling less than 2 hours before departure: 100% of the anticipated price of the service booked

TAXI merci reserves the right to decide at discretion whether cancellation fees as described above are imposed or not.


§ 3 Prices

1. All prices are either in Euro or CHF (as stated in each individual case), including legally valid VAT, as well as expenses and any toll fees that may apply, such as motorway fees, tunnel usage fees, etc. The prices as published by TAXI merci apply. Old price lists lose their validity when a new one is published.

2. Price changes are permissible when an adjustment becomes necessary owing to changes in market prices, such as increased tariffs, salary costs, fuel prices, etc., and when the beginning of a journey is more than four months removed from the conclusion of the contract. The customer may step down from the contract if the increase in price is higher than 25% of the original price agreement.


§ 4 Conveyance of persons and material goods

1. Customers are obliged to conduct themselves in a way that does not result in danger to the safety of the vehicle, the driver, other passengers, third parties or themselves. They must comply with the obligation of wearing a seatbelt and must ensure the compliance of any accompanying minors or animals. Customers must ensure that doors can be opened safely before doing so. Customers are liable for all damage caused by them.

2. The choice of vehicle and its features are at TAXI merci's discretion unless a specific configuration has been explicitly ordered by the customer due to medical requirements or similar reasons.

3. The route of the journey will be chosen based on the customer's wishes on journeys that are calculated by the kilometre. On journeys that are not priced by distance, TAXI merci is free to set the route.

4. Luggage and any accompanying animals remain in the care of the customer at all times, although TAXI merci's employees are happy to help with the correct loading and securing of goods. In cases where it is not possible to properly secure goods for transport or when objects can not be transported without creating a risk to the driver and/or vehicle, TAXI merci reserves the right to refuse conveyance of said goods.

5. Foodstuffs may only be taken along in sealed containers and may not be consumed during the journey. The consumption of alcohol and/or tobacco in all its forms within TAXI merci's vehicles is strictly forbidden at all times.

6. Courier goods will only be checked for completeness upon handover at the customer's explicit request. A taking-over certificate in writing is required for this. Any defects or errors in the delivery when compared against the confirmed taking-over certificate must be reported to TAXI merci in writing directly upon delivery, including the nature and extent of the damage.


§ 5 Due date and payment, delays in payment and extended lien

1. The price of transport is due when that service is provided and shall be payable in cash unless otherwise arranged. Alternatively, payment can also be made using commonly used credit cards such as Visa, Mastercard, Maestro or American Express, although this may result in the adding of the appropriate credit card processing fees to the price of transport.

2. Invoices must be paid within the agreed-upon payment period. Discounts and differing payment periods require an explicit written agreement.

3. Payment is only concluded once TAXI merci is in unrestricted, full possession of the complete sum.
TAXI merci has the right to charge default interest at a rate of 8% p.a. over the base interest rate in cases of delayed payment. In cases where the delay of payment has caused demonstrably higher damages, TAXI merci has the right to also claim these damages. (§ 288 Abs. 3 BGB)
TAXI merci has the right to charge a fee of 15 € or 15 CHF for each reminder.

4. Open claims for services rendered result in a right of lien for TAXI merci, covering all goods that have been left with it or come into its possession. TAXI merci also has the right of making use of this right of lien in order to cover open claims that are the result of other contractual agreements with the customer. Distrained objects may be sold for an appropriate price at TAXI merci's discretion after 14 days, with the proceeds being used towards settling the customer's debt if it has not been otherwise settled before. A processing feww of 20 € or 20 CHF may be charged for a distraint.


§ 6 Warranty, liability and limitations of liability

1. Natural wear and tear on transported goods is excluded from liability. Containers are undergoing appropriate usage while being transported by TAXI merci and are subject to natural wear and tear during this period. Small scratches or superficial damage to varnished surfaces can also not be ruled out entirely even when goods are loaded and secured appropriately doing transport, and thus also constitute natural wear and tear.

2. Courier goods that are not accompanied by the customer is excluded from liability unless a suitable taking-over certificate has been countersigned by TAXI merci before the start of the journey. (see § 4 point 6)

3. Any warranty claims concerning damage to transported goods must be brought to the attention of TAXI merci immediately upon conclusion of the journey.

4. Customers are liable for any material damage or physical injury that results from the consumption of tobacco, alcohol or foodstuffs within the vehicle.

5. TAXI merci is only liable for damages resulting to the customer from unpunctual departure or arrival at the destination if:

(1) adherence to a specific time of departure or arrival has been explicitly agreed upon between TAXI merci and the customer sufficiently early
(2) the service problem is not the consequence of natural disaster, unforeseen technical issues, traffic jams, accidents or reasons that fall within the customer's sphere.

This applies especially to journeys that involve any external departure or connection times. Furthermore, TAXI merci is not liable if the departure and/or arrival time has been set by the customer without talking into account ordinary sources of delay such as traffic jams, etc. Particularly short-term flight schedule changes or an early or late arrival for the journey by the customer do not absolve the customer of this responsibility.
The customer is responsible for their requested journey times. TAXI merci is also not liable for any departure times that may have been suggested by TAXI merci or any of its drivers.

6. Any warranty claims resulting from a failure to provide punctual service are ultimately invalid if they are not raised in writing within 14 days of the service being rendered.

7. Damages that do not arise from harm to health or phyical injury are limited to twice the cost of the journey, provided they have not been caused by TAXI merci in an intentional or grossly reckless manner.

8. Customers are, within the framework of legal regulation, liable for any damage caused by them. This is also the case for damage caused by underaged persons or animals in their company or through any transported objects pertaining to them. This applies especially to damage arising from soiling or polluting the vehicle by way of vomiting, incontinence, or any foodstuffs, alcohol or smokable substance brought along on the journey. Apart from cleaning costs, lost profits arising from the vehicle's being out of service will also be claimed.

9. Any justified claims of damages brought against TAXI merci will be settled through the provision of further services, consisting of further journeys for which vouchers will be issued, and not through financial payouts.


§ 7 Datenschutz

TAXI merci collects, processes and uses personal and business-related information within the framework of legal regulations. The customer explicitly consents to the collection, processing and usage of his personal data. (§4 Abs. 1 Bundesdatenschutzgesetz)


§ 8 Applicable laws, place of contractual fulfillment and court of jurisdiction

For services rendered within Germany, German law applies. The place of contractual fulfillment and court of jurisdiction for all disputes is Lörrach.
For services rendered within Switzerland, Swiss federal law applies. The place of contractual fulfillment and court of jurisdiction for all disputes is the canton of Basel-Landschaft.
For cross-border services either the laws of Lörrach or the laws of the canton of Basel-Landschaft apply, depending on the origin of the loooking for the services in question


§ 9 Severability clause

Should any provision of a contract or of these terms or a provision yet to be added be invalid or unenforceable either in their entirety or in part, or become invalid or unenforceable at a later point in time, the validity and enforceability of the remaining provisions shall not be affected by this. The same applies if there should prove to be a regulatory gap. The parties are in agreement that in order to replace an invalid or unenforceable provision or fill a regulatory gap a suitable provision shall be applied which, as far as this is legally possible, comes closest to what they originally wanted or would have wanted in accordance with the sense and purpose of the contract if they had been aware of the aforementioned invalidity, unenforceability or regulatory gap. This also applies when the invalidity of a provision arises from, for instance, a measure of service or time (deadline or fixed appointment) which has been defined in the contract; in such cases, a legally permissible measure of service or time (deadline or fixed appointment) which comes as close as possibe to the originally desired one, shall be considered agreed.