Terms and Conditions

Black Car Transport Services Terms and Conditions

1. GENERAL PROVISIONS

1. Black Car Transport Services, Nosara, Costa Rica (hereinafter referred to as “Black Car”), enables its users to book transportation services via its own online platform and applications for mobile devices (“apps”; all methods collectively referred to as “Black Car Tools”). Black Car’s service consists of providing transportation of a user by its own fleet and drivers. Black Car provides the actual transportation service through its fleet

These General Terms and Conditions (hereinafter referred to as “T&Cs”) are part of each agreement of the user concerning Black Car’s provision of transportation services. They also describe the details of the transportation services for which Black Car provides the user a direct claim. Conflicting general terms and conditions of the user are hereby also contradicted in the case of confirmation letters and services accepted without condition. Any terms to the contrary shall only apply insofar as the management of Black Car has expressly consented to this in writing.

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2. CONTRACTUAL RELATIONSHIP AND CONTRACT CONCLUSION

2.1 CONTRACTUAL RELATIONSHIP

2. Black Car provides transportation services through its own fleet and drivers. When booking a ride, users are served directly by Black Car’s fleet.

Black Car directly enters into a transportation service contract with the user, providing the user with a claim for transport.

2.2 CONCLUSION OF CONTRACT

By transmitting a completed booking form via the Black Car Tools or by making arrangements by telephone with Black Car, the user transmits an offer to conclude a business service contract (“ride request” of the user). The subject matter of this contract is the provision of the ride service requested by the user.

As an initial matter, Black Car transmits to the user an email confirmation of the details of the requested ride service that it has received. In so doing, Black Car only confirms the receipt of the user’s ride request.

It is only by separate declaration (“booking confirmation”) by email from Black Car that the business service contract between Black Car and the user is concluded for the desired ride service. The user is then directly entitled to request the ride service from Black Car.

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3. REGISTRATION OBLIGATION OF THE USER FOR THE USE OF THE BLACK CAR TOOLS

3. The user provides assurance to Black Car that all information it transmits or has transmitted to Black Car on its behalf by another person is complete and accurate. Registrations by automated processes are prohibited.

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4. SELECTED CONTENT OF THE TRANSPORTATION CONTRACT FOR THE BENEFIT OF THE USER

4. The user can only request the details for a user’s ride request described under Section 4 from Black Car if this has been agreed with Black Car in the business service contract.

The following conditions apply to the claim for transportation of the user to be asserted directly against Black Car:

4.1 RIDE TYPES, SERVICE CHANGES

Depending on local availability, the user can select ride requests that include transfer rides, long-distance rides (transfer rides starting at 200 km), rides on demand (“chauffeur hailing”), and hourly bookings.

If the ride actually carried out involves additional expenditure of effort due to the user’s or guest’s requests that differ from the initially requested ride, Black Car will accommodate these requests to the extent possible. The additional effort may result in additional costs for the individual business service contract. See Section 5 below for details.

Subject to availability, a user may request changes to the ride even after the conclusion of the contract, but this may result in additional charges being applied, as described in Section 5.2.

4.1.1

In the case of a transfer, a long-distance ride, and rides on demand, the displayed price shall be determined on the basis of a start and a destination address. An additional fee may be incurred if additional stopovers are requested according to the applicable price schedule (see Section 5 below)

4.1.2

An hourly booking always begins at the booked pickup time and ends in the city area of the pickup location. If a user requests that Black Car completes the ride outside the city area of the pickup or if the number of kilometers or the duration in the relevant booking are exceeded, additional fees may apply, particularly due to the fact that Black Car must thereafter return to the city area of the pickup location.

4.2 PICKUP TIME

The agreed pickup time is the pickup time specified in the Black Car booking confirmation.

In the event of an airport pickup or pickup at a long-distance train station for which the user has provided a correct flight or train number in its booking, thus enabling Black Car to track the arrival time of the flight or train, the agreed pickup time will be postponed in case the flight or train are late.

4.3 VEHICLE CLASS/VEHICLE MODEL, UPGRADE

Depending on the regional availability of the vehicle, the user can choose from different vehicle classes in its ride request (for example, “Business Class”, “Business Van/SUV”, “First Class”, “Sprinter Class” or “Electric Class”).
The vehicles shown in the Black Car Tools are only illustrative examples. There is no right to a particular vehicle model associated with a booked vehicle class. Regional differences are possible.

It is possible for Black Car to upgrade from the vehicle class “Business Class” to a higher vehicle class (such as “Business Van” or “First Class”) at any time at no additional cost for the user, depending on availability.

4.4 TRANSPORT SAFETY, CONSEQUENCES

4.4.1 LUGGAGE, ANIMALS

The price in the booking confirmation includes the number of pieces of luggage that were specified in the booking form.

Excess luggage, bulky luggage such as a wheelchair, weapons or animals that the user wishes to carry along must be specified during the booking. Black Car may refuse the transport of luggage, weapons and/or animals that have not been agreed upon; this also applies if animals are not housed in a closed and suitable transport box. The right of refusal does not exist if local statutory provisions of the region in which the transport is carried out require that the items be accommodated.

If Black Car permits the carriage of additional luggage, weapons and/or animals that were not stipulated in the booking, additional surcharges may be charged. This may result in the total charges for the business service contract being higher than initially specified in the booking confirmation (see Section 5 below).

4.4.2 TRANSPORT OF CHILDREN AND MINORS

(A) CHILDREN The need for child restraints must be specified by the user in the ride request by specifying the number and age of the children to be transported as well as the type of child restraints required.

(B) MINORS The transport of unaccompanied minors can be rejected by Black Car. The determination of minor status will be made in accordance with the statutory provisions of the region in which the transport is to be performed.

4.4.3 INFORMATION ON NUMBER OF PASSENGERS, NUMBER AND SIZE OF LUGGAGE

The maximum number of passengers, number and size of pieces of luggage will be provided by Black Car for a specific vehicle and is set out in a binding luggage policy.

Black Car may refuse to transport passengers or luggage if, in its opinion, the space and safety conditions do not permit such transport.

4.4.4 IMPEDED TRANSPORT

Black Car may refuse to transport a user if mandatory requirements (for example, resulting from applicable law) pursuant to this Section 4.3 have not been communicated or were not correctly communicated by the user in its ride request.

If transport is not possible for this reason, Black Car shall still be entitled to compensation from the user under the business service contract for that specific transportation.

4.5 DELAYS

Exceptional situations such as striking air traffic controllers, inclement weather conditions, etc., can only be compensated to a limited extent. In these cases, longer waiting times or short-notice cancellations must be accepted by the user.

4.6 CANCELLATIONS, REBOOKINGS AND NO-SHOW RIDES

4.6.1 CANCELLATION

For transfer rides, long-distance rides (transfer rides starting at 200 km) and hourly bookings, the cancellation is free if the time between the cancellation and the agreed pickup time is greater than one hour. If the time between the cancellation and the agreed pickup time is one hour or less, the full price must be paid. An effective cancellation can only be carried out using the cancellation function on the website or in the app.

4.6.2 REBOOKINGS

Rebookings are generally treated as new bookings. The regulations for the handling of cancellations (Section 4.5.1 above) apply accordingly for the originally agreed ride. Accordingly, a claim for compensation by Black Car for the originally agreed ride may remain in force.

4.6.3 NO-SHOW RIDES WITHOUT CANCELLATION, USER’S DELAY

In the event that a user does not show up for a ride and does not cancel it (a “no show”), the user’s claim for transport shall no longer be applicable; however, Black Car shall still be entitled to compensation from the user.

(A) FOR TRANSFER AND LONG-DISTANCE RIDES A ride is considered to be a no-show if the user or guest does not appear within 30 minutes after the agreed pickup time at the agreed pickup location.

In the event of pickup at airports or long-distance train stations, a ride is considered to be a no-show if the user or guest does not appear within 60 minutes after the agreed pickup time at the agreed pickup location.

No-show rides must be fully compensated, but any waiting time surcharges will not be applied. This is not the case if Black Car and the guest have communicated by telephone about a later pickup time. Any waiting time surcharges are applicable, as described under Section 5.3.1. As a general rule, there is no obligation to make contact.

(B) FOR HOURLY BOOKINGS For hourly bookings, a ride is considered to be a no-show if the user or guest does not appear within 30 minutes after the agreed pickup time at the agreed pickup location.

In the event of a no-show, the user’s claim for transport shall no longer be applicable, but Black Car shall still be entitled to compensation for the agreed booking duration. This is not the case if Black Car and the guest have communicated by telephone about a later pickup time. As a general rule, there is no obligation to make contact.

4.6.3 NO-SHOW RIDES WITHOUT CANCELLATION, USER’S DELAY

If, after a no-show ride, Black Car can be booked for a new ride within the next 24 hours, this will be treated as a new booking. The regulations for the handling of cancellations (Section 4.5.1 above) shall apply for the originally agreed ride. Accordingly, a claim for compensation by Black Car for the originally agreed ride may remain in force.

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5. FEES, CHARGES AND PAYMENTS

5.1 FEES AND CHARGES

The applicable fees and charges for transportation services are determined by Black Car’s price schedule. These are displayed to the user before the ride request is submitted.

5.2 ADDITIONAL CHARGES

Additional charges may apply if the actual ride involves extra stops, waiting time, or exceeds the originally booked route or duration. Any such additional charges will be calculated based on Black Car’s price schedule and communicated to the user at the earliest opportunity.

5.3 PAYMENT METHODS

Payments can be made via credit card or other electronic payment methods specified by Black Car. The user agrees to the electronic processing of payments and to the issuance of electronic invoices

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6. LIABILITY

6.1 LIABILITY OF BLACK CAR

Black Car shall be liable for damages caused intentionally or by gross negligence. For damages caused by simple negligence, Black Car shall only be liable for the breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the user may regularly rely (cardinal obligations). In this case, the liability of Black Car is limited to the foreseeable, typically occurring damage.

6.2 LIABILITY OF THE USER

The user shall be liable for any damage caused by the user or guests to the vehicle or other property of Black Car. The user is also liable for any charges and fines incurred due to the user’s or guest’s actions during the ride.

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7. DATA PROTECTION

Black Car processes the user’s personal data in accordance with applicable data protection laws and as detailed in Black Car’s Privacy Policy, which is available on its website.

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8. FINAL PROVISIONS

8.1 AMENDMENTS

Black Car reserves the right to amend these T&Cs at any time. The amended terms will be communicated to the user and will become effective if the user does not object within 14 days.

8.2 GOVERNING LAW AND JURISDICTION

These T&Cs and all contractual relationships and disputes between users and Black Car shall be governed by the laws of Costa Rica. The exclusive place of jurisdiction is Nosara, Costa Rica, unless another jurisdiction is mandatorily prescribed by law.

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