GENERAL TERMS AND CONDITIONS

1. GENERAL

Ahmad Shikhani, owner of the non-registered sole proprietorship JoyPlus
Chauffeurservice, Josef-Weinheber-Straße 8A, 5204 Straßwalchen, info@joyplus.at, hereinafter referred to as “JoyPlus” at
, enables its customers to book chauffeur services via its own online platform,
by integrating it into third-party online platforms and via applications for mobile
end devices (“apps”) as well as by email and telephone.
The service provided by JoyPlus consists of the provision of driving services, such as
in particular chauffeur services, airport transfers and event transfers.
These General Terms and Conditions (hereinafter also referred to as “GTC”) are an integral part
of every agreement made by the customer regarding business arrangements and driving services
of JoyPlus. Deviating general terms and conditions of the customer are hereby
also contradicted in the case of letters of confirmation and unconditional services
. All services provided by JoyPlus shall be governed exclusively by these
General Terms and Conditions.

2. CONTRACTUAL RELATIONSHIPS, CONCLUSION OF CONTRACT AND PAYMENT

JoyPlus shall provide the driving services described either itself or through
subcontractors who provide the driving services
in the name and for the account of JoyPlus. For this purpose, JoyPlus concludes the necessary agreements with
the subcontractors in its own name.
The customer can submit an offer to conclude a transportation service on the website of JoyPlus, by email or by telephone to JoyPlus
. JoyPlus shall then send the
customer a confirmation of receipt by email with the details of the transportation service to be provided by
. JoyPlus thereby only confirms receipt of the customer’s
journey request. Only through a separate declaration (“booking confirmation”) from
JoyPlus by e-mail shall the driving service contract between JoyPlus and the
customer for the desired driving service come into effect.
The customer shall be responsible for ensuring that all information provided to JoyPlus by himself or by another
person on his behalf is complete and accurate.

3. DRIVING MODES AND POWER CHANGES

Depending on regional availability, the customer can choose between
transfers, long-distance journeys (transfers of 100 km or more), journeys on demand
(“chauffeur hailing”) and hourly bookings.
If the journey actually carried out involves an additional expense
compared to the originally requested journey due to a request made by the
customer, JoyPlus shall facilitate this additional expense as far as possible. The additional expense may
result in additional costs for the individual business errand.
Changes to the travel modalities are also possible after
conclusion of the contract by the customer with the consent of JoyPlus, subject to availability.
For transfers, long-distance and on-demand journeys, the price quoted applies to one
start and one destination address. An additional fee may be charged for each stopover on the direct route
. An hourly booking always begins at the booked
pick-up time and ends at the destination address.

4. PICK-UP TIME AND DELAYS

The agreed pick-up time is the
pick-up time stated in the booking confirmation from JoyPlus. If, in the case of airport pick-up or pick-up at a
long-distance train station, the user has provided a correct flight or train number when booking
and thus enables the arrival time of the flight or train to be tracked,
the agreed pick-up time shall be postponed accordingly in the event of arrival deviations.
Exceptional situations such as
strikes, extremely bad weather conditions, large-scale police operations or traffic jams can only be compensated for to a
limited extent, so that in these cases the customer must accept longer waiting times or
last-minute cancellations.

5. VEHICLE CLASS AND MODEL

Depending on regional availability, users can choose between different vehicle classes (e.g. “Standard”, “Premium” and “VIP”) for their journey from
.
The vehicles shown on the website are only illustrative examples. They do not entitle
to a specific vehicle model for a booked vehicle class
. Depending on availability, JoyPlus can be used at any time to upgrade the
vehicle class to a higher vehicle class at no additional cost to the customer
.

6. PROMOTION

The price of the respective transportation service includes the
number of pieces of luggage specified in the booking form. Excess baggage, bulky baggage such as a wheelchair, weapons
or animals that the user wishes to carry must be specified at the time of booking. JoyPlus
may refuse to carry luggage, weapons and/or animals that have not been agreed.
This also applies if large animals (e.g. large dogs) are not accommodated in a closed and
suitable transport box. Small pets (e.g. cats, small
dogs up to 10 kg) may alternatively be accommodated in the footwell of the vehicle,
provided they do not interfere with the journey. The right of refusal does not apply if
local legal provisions of the region in which the transportation
is being carried out require pets to be taken along. If JoyPlus allows the transportation of luggage, weapons and/or animals not agreed
, corresponding surcharges
may be levied. In this case, the fee for the service will be
higher than stated in the booking confirmation.
The need for restraint facilities for children must be specified by the customer in the travel request by
stating the number and age of the children to be transported and the type of
restraint facility required. The transportation of unaccompanied minors can
be refused by JoyPlus. The age of majority or minority shall be determined in accordance with
the legal provisions of the region in which the transportation is to be carried out
.
The maximum number of passengers and
luggage specified by JoyPlus for a specific vehicle is merely an estimate of factors such as the size and weight of
passengers and luggage. This information is therefore not binding. JoyPlus may refuse
to carry passengers or luggage if, in the opinion of JoyPlus, the space and
safety conditions do not permit it.

7. PREVENTION OF TRANSPORTATION

JoyPlus may refuse transportation if mandatory requirements (e.g. resulting from
applicable law) were not communicated by the customer in the travel request
or were not communicated correctly. If transportation is therefore not possible,
this shall have no influence on JoyPlus’s remuneration for the specific transportation.

8. CANCELLATIONS, REBOOKINGS AND NO-SHOWS

For transfers, long-distance journeys (transfers of 100 km or more) and
hourly bookings, the cancellation is free of charge if there are more than 3 hours between the cancellation and the
agreed pick-up time. If there is a period of less than 3 hours and one hour between the cancellation and the
agreed pick-up time, a
cancellation fee of 50% will be charged. If less than one hour elapses between the cancellation and the agreed
collection time, a 100% cancellation fee will be charged. Cancellations can only be made on the website
, by email or by telephone.
In the event of a no-show, the customer’s claim for transportation against
JoyPlus shall lapse, but not JoyPlus’ claim for remuneration against the customer. –
A transfer and long-distance journey shall be deemed not to have been started if the customer does not appear at the agreed pick-up location
within 30 minutes of the agreed pick-up time without
canceling.
In the case of pick-up at airports or long-distance train stations, a journey is deemed not to have commenced
if the customer does not appear at the agreed pick-up location within 60 minutes of the agreed
pick-up time without canceling.
In the case of hourly bookings, a journey is deemed not to have started if the customer does not appear at the
agreed pick-up location after the booked hours from the booked pick-up time without
canceling.
In the case of pick-up at airports or long-distance train stations, a journey is deemed not to have commenced
if the customer does not appear at the agreed pick-up location after the booked hours
after the agreed pick-up time without canceling.
Journeys that are not started must be paid for in full. This does not apply if
FDL and the passenger have agreed on a later pick-up time by telephone.
In principle, there is no entitlement to change the pick-up time.
Journeys that are not started must be paid for in full, but any waiting time surcharges do not apply
. This shall not apply if JoyPlus and the customer
have agreed on a later pick-up time by telephone. Any
waiting time surcharges shall be reimbursed. In principle, there is no entitlement to change the collection time
.
Rebookings are always treated as new bookings. The regulations on
handling cancelations apply accordingly to the originally agreed trip. A
claim for remuneration from JoyPlus for the originally agreed journey can
remain in place accordingly.

9. BEHAVIOR IN THE VEHICLE

During the entire journey, all passengers are subject to the applicable
regulations governing road traffic, in particular the obligation to wear seat belts.
JoyPlus is responsible for the safe execution of the journey. Passengers are
therefore prohibited in particular from opening the doors during the journey, throwing objects
out of the vehicle and/or allowing body parts to protrude or shouting from the
vehicle.
If passengers wish to operate existing devices or systems in the respective vehicle themselves
, prior instruction by JoyPlus is required.
Smoking is prohibited in the passenger compartment of the vehicles. If the passenger ignores this,
the customer shall bear the costs of cleaning the vehicle and the resulting
loss of use. It is not permitted to bring food into the vehicle. Alcoholic
beverages may only be brought along and consumed on board
by prior arrangement. All passengers must ensure that the vehicle is not
soiled excessively and the customer is liable for any
cleaning costs or damage to the vehicle. Any damage may be charged to the customer’s
credit card.
No liability is accepted for items left in the vehicle.
In the case of cross-border journeys, all passengers are obliged to carry valid
travel documents.
The instructions of JoyPlus in the vehicle must always be followed.

10. REMUNERATION AND PAYMENT

Both on the website and in the booking confirmation, the remuneration claim
is stated by JoyPlus. The main factors determining the amount are the selected
vehicle class, the route, the pre-booking time, the pick-up time and the pick-up location.
Additional special requests (individual vehicle characteristics or equipment,
stopovers, bulky luggage, child seats, etc.) may increase the price.
Customer payments are made by credit card, PayPal, Apple Pay, Google Pay,
Klarna. Payment is made immediately upon booking. Any additional costs shall be paid in the
vehicle or shall be invoiced separately by JoyPlus.
JoyPlus may charge a reasonable reminder fee for each reminder.
For credit card debits that cannot be redeemed at
, JoyPlus shall charge the user for the expenses incurred for this (bank, credit card company) and reserves the right to charge
a reasonable processing fee for each incident.

11. DRIVING CHANGE

The customer may change the trip modalities after the conclusion of the transportation service contract and – as far as possible for
JoyPlus – after the start of the trip.
If the journey is spontaneously extended at the customer’s request (distance or
number of hours), the actual service (total distance
or number of hours) shall be recalculated after the journey has been completed in accordance with the applicable price structure and
shall be charged. In the case of hourly bookings, every half hour or part thereof is decisive for the
invoice. If the booked distance or number of hours
is shorter than the booking, the agreed remuneration shall remain unaffected.

12. OTHER SURCHARGES

In the case of transfer journeys, no surcharges apply for waiting times with pick-up at airports or
long-distance train stations up to 60 minutes after the agreed pick-up time or up to
30 minutes from the agreed pick-up time in all other cases. Each
additional minute of waiting time will be charged at a flat rate as a proportion of the hourly booking prices applicable in the respective city area and for the
respective vehicle class plus the applicable
value added tax.
Hourly bookings include the inclusive kilometers (per hour) specified in the booking form (or by telephone)
. Kilometers in excess of this are to be paid additionally to
and are based on the route prices for the booked
vehicle class in the respective city area and will be invoiced plus the applicable
value added tax.

13 LIABILITY

JoyPlus shall be liable for damages caused by JoyPlus or its vicarious agents through
intent or gross negligence. In the case of damages caused by simple negligence
, JoyPlus shall only be liable in the event of a breach of a material
contractual obligation and only for foreseeable and typical damages. Essential
contractual obligations are those whose fulfillment makes the proper execution of the
contract possible in the first place and on whose compliance the user may regularly
rely. Limitations of liability shall not apply within the scope of
guarantees given, in the event of injury to life, limb or health or for
claims arising from the Product Liability Act.
JoyPlus shall not be liable for the accuracy, reliability, completeness or timeliness of the
content and programs provided free of charge and distributed via the
website, nor for any damages arising therefrom, unless such damages were caused intentionally or through gross negligence on the part of
JoyPlus. This applies to all types of
damage, in particular damage caused by errors, delays or interruptions in
transmission, faults in the technical equipment and service, incorrect
content, omissions, loss or deletion of data, viruses or in any other way
when using the online offer. Furthermore, JoyPlus shall not be liable for the availability and
functionality of the functions offered. JoyPlus shall not be liable for disruptions to the
quality of access to the website due to force majeure or due to
events for which JoyPlus is not responsible, in particular the failure of
communication networks and/or gateways. JoyPlus does not guarantee
that the website will function without interruption or error and that any errors
will be corrected.
JoyPlus assumes no responsibility for the content, accuracy, legality and
functionality of third-party websites to which reference is made via links.
Page views via links are at the user’s own risk.

14. FINAL PROVISIONS
These GTC

shall constitute the entire agreement between JoyPlus and the customer for the
object of performance. Ancillary agreements do not exist. Amendments and supplements
to this agreement must be made in text form to be effective.
The
customer may only offset against claims of JoyPlus and assert
rights of retention if its counterclaims or
counterclaims have been legally established or are undisputed. This shall also apply to
complaints of defects by the customer.
The contractual relationship between JoyPlus and the customer shall be governed exclusively by
Austrian law, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods,
. All legal disputes arising from the contractual relationship between JoyPlus and the customer
, including the question of formation,
validity, dissolution or nullity, shall be subject to the exclusive jurisdiction
of the court with subject-matter and local jurisdiction for 5202 Neumarkt am Wallersee, as well as
unless mandatory statutory provisions conflict with this agreement.
Should one or more provisions of these GTC prove to be wholly or partially
invalid, or should a loophole arise, this shall not affect the validity
of the remaining provisions of these GTC. Both contracting parties are
obliged to agree on an effective provision that comes as close as possible to the intended content of this agreement
in place of the ineffective provision or to fill the
loophole. JoyPlus reserves the right to amend these General
Terms and Conditions at any time and without stating reasons.