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General Terms and Conditions

Status: 18 February 2021


1. SCOPE OF APPLICATION

The GTC apply to all services provided by My Driver GmbH, Austrasse 38 in 8045 Zurich. The latest version of the GTC is published on www.mydriver.ch.

2. DRIVE HOME SERVICE

2.1 Services Contractor
The service consists of transporting persons in their own car. MyDriver serves the greater Zurich area. Journeys are made by advance reservation. All MyDriver chauffeurs are obliged to observe the Swiss Road Traffic Regulations (StVO).

2.2 Obligations of the Client
The Client shall ensure that the vehicle is in a roadworthy condition. Passengers must comply with the instructions of the chauffeur. If Passengers act contrary to the instructions of MyDriver or the Chauffeur, or if they pose a danger in accordance with the StVO, or to the safety of road traffic by interfering with the driver, MyDriver is entitled to exclude the Client from carriage. Any costs and the total fare for the journey shall be borne by the Client.

2.3 Cancellation
The Client may cancel an agreed driving service free of charge up to 48 hours before the start of the journey. If a cancellation is made later, 50% of the estimated fare will be charged. Cancellations less than 24 hours before the start of the journey or no-shows will be charged 100% of the estimated fare.

3. CHAUFFEUR SERVICE

3.1 Services Contractor
The service consists of transporting persons in their own car. The service is offered throughout Switzerland. Journeys abroad will be made. All MyDriver chauffeurs are obliged to observe the StVO.


3.2 Obligations of the Client
The Client shall ensure that the vehicle is in a roadworthy condition. The Client undertakes to observe the Swiss Road Traffic Regulations. (in particular the obligation to wear a seat belt). Corresponding requests of the chauffeur are to be obeyed.

3.3 Cancellation
Unless otherwise agreed, the client may cancel a service free of charge up to 48 hours before the start of the journey. If a cancellation is made later, 50% of the estimated fare will be charged. Cancellations less than 24 hours before the start of the journey or no-shows will be charged 100% of the estimated fare.

4. LIMOUSINE SERVICE

4.1 Services Contractor
The service consists of the carriage of passengers in a vehicle provided by MyDriver. The service is offered throughout Switzerland. Trips abroad will be provided. All MyDriver chauffeurs are obliged to observe the Road Traffic Regulations.

4.2 Obligations of the Client
The Client undertakes to observe the Swiss Road Traffic Regulations. (in particular the obligation to wear a seat belt). Corresponding requests by the chauffeur must be complied with.

4.3 Cancellation
Unless otherwise agreed, the client may cancel a service free of charge up to 48 hours before the start of the journey. If a cancellation is made later, 50% of the estimated fare will be charged. Cancellations less than 24 hours before the start of the journey or no-shows will be charged 100% of the estimated fare.

5. VALET PARKING

5.1 Services Contractor
The service consists of parking customer cars and bringing them back at the owner's request.  In the meantime, the vehicle and the key are handed over to an authorised person at a central location.

5.2 Duties of the car owner
The customer shall insure the roadworthy condition of the vehicle.

5.3 Cancellation
Unless otherwise agreed, the Client may cancel an agreed service free of charge up to 7 days before the service is to be carried out. Any expenses incurred by MyDriver will be deducted from the deposit. If a cancellation is made later, 50% of the estimated price will be charged. Cancellations less than 48 hours before the agreed service will be charged 100% of the estimated price.

6 GENERAL

6.1 Prices
The current prices of MyDriver services are published on www.mydriver.ch.

6.2 Terms of payment
The customer undertakes to pay the amount due to the HOME DRIVER SERVICE in cash or by credit card immediately after the end of the journey. In exceptional cases, an invoice will be issued.

For CHAUFFEUR SERVICE, LIMOUSINE SERVICE and VALET PARKING, 50% of the basic price must be paid before the service is provided, unless otherwise agreed. The balance is due for payment within deadlines indicated on the invoice. The following cards are accepted: EC Maestro, VISA, Mastercard, AmericanExpress.

A reminder fee of CHF 20 will be charged for all invoices from the 2nd reminder stage onwards.

6.3 Data protection and confidentiality
MyDriver does not use Customer data for commercial purposes and treats it in strict confidence. Further details are published in the data protection regulations at www.mydriver.ch.

6.4 Liability of MyDriver
In the event of an accident caused by a MyDriver chauffeur with a Client vehicle, the damage will be claimed through the car owner's policy. MyDriver is liable for any premium penalty that may be due to the Client. If the customer's insurance does not cover the damage, MyDriver's insurance shall be liable. The maximum liability of MyDriver is CHF 150,000 per claim. Damages in excess of this amount will be borne by the Client. MyDriver will not bear any costs for replacement vehicles.

6.5 Force majeure
Technical breakdowns, weather-related emergencies, strikes and lock-outs or force majeure shall release the Contractor from the obligation to fulfil the contract. In the winter months, especially if there is a risk of icy roads and roads covered with snow, the performance of confirmed orders may be refused for safety reasons.

6.6 Changes to the Terms and Conditions
MyDriver reserves the right to change the General Terms and Conditions, as well as the price conditions for services, at any time.

6.7 Severability clause
The invalidity of individual provisions of these General Terms and Conditions shall not result in the invalidity of the other provisions.

7. SUPPLEMENTARY PROVISIONS
The Swiss Code of Obligations shall apply in addition to the General Terms and Conditions.

8. JURISDICTION
The place of jurisdiction for all disputes is Zurich.

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