1. GENERAL PROVISIONS

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EWRTransfers.com (hereinafter referred to as "EWRTransfers, EWRTransfers.com, us, we") enables its users to book transportation services via its own online platform by integrating third-party online platforms and applications for mobile devices. EWRTransfers' service consists of arranging for the transportation of a user by an independent ride service provider. EWRTransfers.com arranges this business service for the user but does not in provide the actual transportation service.

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These General Terms and Conditions (hereinafter referred to as “T&Cs”) are part of each agreement of the user concerning EWRTransfers' arrangement of business service contracts. They also describe the details of the transportation services for which we provide the user a direct claim against a particular service provider.

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 EWRTransfers.com has expressly consented to this in writing.

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2. CONTRACTUAL RELATIONSHIP AND CONTRACT CONCLUSION

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2.1 CONTRACTUAL RELATIONSHIP

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EWRTransfers.com does not itself provide the transportation services and does not do so by way of third-party agents. We only provides the user with a claim for transport against a service provider, which is independent of EWRTransfers.com.

For this purpose, we conclude the necessary agreements on its own behalf with the provider that provide the user with a claim for transport against the provider ("contract for the benefit of third parties", also "transportation contract for the benefit of the user"). On this basis, the user is entitled to request the transportation service and any further claims in respect of that service directly from the service provider

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EWRTransfers.com and the user only agree to the arrangement of a business service contract and not to the arrangement of the actual transportation services. The claim for compensation by EWRTransfers.com includes the compensation for arranging business services as well as the compensation distributed to the TSP for the transportation services.

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2.2 CONCLUSION OF CONTRACT

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By transmitting a completed booking form via the website, web app or mobile app or by making arrangements by telephone with us, 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, we transmit to the user an email confirmation of the details of the requested ride service that it has received. In so doing, we only confirm the receipt of the user's ride request.

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It is only by separate declaration (“booking confirmation”) by email from EWRTransfers.com that the business service contract between EWRTransfers.com and the user is concluded for the desired ride service. 

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3. REGISTRATION OBLIGATION OF THE USER FOR THE USE OF THE BOOKING TOOLS

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

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4.1 RIDE TYPES, SERVICE CHANGES

Depending on local availability, the user can select ride requests that include airport transfer rides, long-distance rides (transfer rides starting at 200 km).

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, the service provider 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.

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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).

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4.2 PICKUP TIME

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

In the event of an airport pickup for which the user has provided a correct flight or train number in its booking, thus enabling us to track of the arrival time of the flight, the agreed pickup time will be postponed in case the flight is late.

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4.3 VEHICLE CLASS/VEHICLE MODEL, UPGRADE

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Depending on the regional availability of the vehicle, the user can choose from different vehicle classes in its ride request (for example, “Economy”, ”Luxury Economy”, ”SUV", etc.

The vehicles shown in the booking 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 us to upgrade from the vehicle class to a higher vehicle class at any time at no additional cost for the user, depending on availability.

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4.4 TRANSPORT SAFETY, CONSEQUENCES

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4.4.1 LUGGAGE, ANIMALS

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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. The service provider 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 the service provider 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 to be higher than initially specified in the booking confirmation (see Section 5 below).

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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 the service provider. 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.

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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 us for a specific vehicle and is set out in a binding luggage policy.

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

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4.4.4 IMPEDED TRANSPORT

The service provider 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, EWRTransfers.com shall still be entitled to compensation from the user under the business service contract for that specific transportation.

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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.

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4.6 CANCELLATIONS, REBOOKINGS AND NO-SHOW RIDES

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4.6.1 CANCELLATION

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For transfer rides, and long-distance rides (transfer rides starting at 200 km), the cancellation is free if the time between the cancellation and the agreed pickup time is greater than 72 hours. 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, in the app or by calling us.

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4.6.2 REBOOKINGS

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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 EWRTransfers.com for the originally agreed ride may remain in force.

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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 vis-à-vis the service provider shall no longer be applicable; however, EWRTransfers shall still be entitled to compensation from the user.

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FOR TRANSFER AND LONG-DISTANCE RIDES 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.

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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 the service provider 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 right to change the pickup time.

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4.7 BEHAVIOR IN THE LIMOUSINE

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The following behavioral standards apply to the users:

During the entire ride , applicable road traffic rules and regulations apply to all guests, particularly the obligation to wear a seat belt. The service provider instructions must always be followed. The The service provider bears the responsibility for safely completing the ride. Therefore, the guests are prohibited from opening the doors during the ride, throwing objects out of the vehicle and/or hanging out any part of the body or screaming from the vehicle. If guests wish to use any equipment or systems present in the respective vehicle, prior permission from the service provider is required.

Smoking is prohibited in the passenger compartment of the vehicles. If the user or a guest ignores this, the user must bear the costs of a vehicle cleaning and the resulting loss of serviceability.

The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent.

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5. REMUNERATION AND PAYMENT

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5.1 GENERAL PRINCIPLES

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The booking confirmation specifies the remuneration claim by EWRTransfers.

Key factors for this amount (including reimbursement of expenses for the ride service provided by EWRTransfers.com are: the selected vehicle class, the route, the length of time for advanced booking and the pickup time and (where applicable) pickup location.

Booking special requests, such as multilingual chauffeurs, individual vehicle marking, intermediate stops, bulky luggage, child seats, etc. may have the effect of increasing the price.

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5.2 RIDE CHANGES

The user (and also the guest) may also change the ride request after the conclusion of the business service contract and, to the extent possible for the service provider, after the ride is started.

In the event of a user requests an upgrade of the ride or additional services (distance or number of hours), the actual service (total distance or number of hours) shall be recalculated and charged according to the applicable price schedule. In the case of hourly bookings, any half hour commenced shall be determinative for invoicing; in other words, the half hour is rounded up from the first additional minute in the interest of better planning reliability.

Accordingly, the compensation claim vis-à-vis the user will increase, as there is a corresponding increase in the reimbursement of our expenses for the business service contract on behalf of the user.

If the booked distance or number of hours is shortened as compared to the booking, the agreed compensation shall remain unaffected.

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5.3 OTHER CHARGES

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5.3.1 WAITING TIMES FOR TRANSFER RIDES

In the case of airport transfer rides, no surcharges will apply for waiting times of up to 60 minutes after the agreed pickup time for pickups at airports or long-distance train stations. In all other cases, no surcharges will apply for waiting times of up to 15 minutes from the agreed pickup time. Each additional minute of waiting time is invoiced as a share of the hourly booking prices applicable in the respective city area and for the respective vehicle class, plus applicable sales tax.

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5.4 PAYMENT MODALITIES AND TRANSACTION FEES

The user can pay for a ride by credit card. Any credit card fees accrued are borne by EWRTransfers.com. The user bears any transaction fees in the event of a payment by transfer (for example, due to different currencies or locally different accounts). By adding a payment method to your account, you authorize EWRTransfers.com and our payment service providers to collect and store your payment information. Your default payment method is listed on your account’s payment information page. You can update your default payment method at any time.

You may add multiple payment methods and you agree that we may charge any of these methods for future transactions or fees. If your default payment method is expired, invalid, or otherwise unable to be charged, you authorize us to charge any other available payment method that is available within your account.

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5.5 WARNING NOTICES, FAILED CREDIT CARD DIRECT DEBITING

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For failed credit card debit authorizations, we shall invoice the user for the expenses incurred for this (bank, credit card institution) and reserves the right to assert a reasonable processing fee per incident.

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6. LIABILITY

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6.1 GENERAL PRINCIPLES

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EWRTransfers.com is liable for damages caused by us or its vicarious and service agents through intent or due to gross negligence. The service provider, including all the chauffeurs employed by the latter, are neither vicarious nor service agents of Blacklane for the performance of transportation services. Rather, we provide the User with a direct claim for transport services vis-à-vis the service provider.

In the event of damages caused by simple negligence, EWRTransfers.com is liable only for the violation of a material contractual obligation and only for foreseeable and typical damages. Material contractual obligations are those that enable the fulfillment of the contract in the first place and upon the fulfillment of which the user may ordinarily rely.

Limitations of liability are not applicable within the scope of warranties provided, in the event of injuries to life, the body and health, as well as for claims arising from the Product Liability Act.

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6.2 CONTENT OF BOOKING TOOLS

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EWRTransfers.com is not liable for the correctness, reliability, completeness and validity of the content and programs that are disseminated free of charge within the scope of the booking tools, nor for damages that arise therefrom, except to the extent that those damages have been intentionally caused by us or are due to its gross negligence. This applies to all types of damages, particularly damages caused by errors, delays or interruptions in the transmission, in the event of disruption of the technical equipment and the service, incorrect content, omissions, loss or deletion of data, viruses or otherwise in the use of this online offering. Furthermore, Blacklane is not liable for the availability and functionality of the offered functions.

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6.3 THIRD-PARTY WEBSITES

EWRTransfers.com accepts no responsibility for the content, freedom from error, legality and functionality of third-party websites referred to by means of links. Links are accessed at your own risk.

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6.4 CORRECTNESS OF TRANSMITTED INFORMATION, DISRUPTION OF ACCESS

EWRTransfers.com accept no responsibility for the correct and complete transmission of information and that it reaches users or chauffeurs in a timely manner. The content of the booking confirmation is excepted from this.

EWRTransfers.com is not liable for disruptions in the quality of access to the BL Tools due to force majeure or due to events for which Blacklane is not responsible, particularly the failure of communication networks and/or gateways. EWRTransfers.com does not provide any guarantee that the website will function free of interruption and error or that any errors will be corrected.

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6.5 INDEMNITY FROM THE USER

The user shall indemnify EWRTransfers.com , partners and managers, directors and employees for all claims and costs, including reasonable costs for a legal defense, which a third party asserts against us owing to a non-contractual use of the booking tools or because of a violation of these General Terms & Conditions.

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6.6 OBJECTS LEFT BEHIND

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No liability is assumed for objects forgotten in the vehicle.

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7. AMENDMENT OF THE BOOKING TOOLS

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EWRTransfers.com reserve the right to change the booking tools at any time in a manner reasonable for the user in order to further develop and improve them qualitatively. Moreover, EWRTransfers.com has the right to temporarily or permanently terminate its offer via the booking tools for a material reason, even without separately informing the user.

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8. PROTECTION OF CONTENT, GRANT OF RIGHTS OF USE TO BOOKING TOOLS

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The content contained within the framework of the booking tools is protected by copyright law.

We grants the user the revocable right to use it according to its intended purpose conditioned on the case of compliance with these T&Cs. Any use beyond this scope (such as changes, copies, re-releases, transmission, dissemination or other non-intended purposes) is prohibited.

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9. FINAL PROVISIONS

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9.1 WHOLE AGREEMENT, WRITTEN FORM

These General Terms & Conditions constitute the entire agreement between EWRTransfers.com and the user for the contractually agreed services. There are no collateral agreements. Amendments and additions to this Agreement must be made in writing to be valid.

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9.2 OFFSET, RETENTION AND ASSIGNMENT

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The user may only set off against EWRTransfers.com's claims and assert retention rights if their counterclaims are legally established or undisputed. This also applies to the user's notice of defects.

The user may only assert retention rights from claims under section to the extent that they are based on the same contractual relationship.

The user is not entitled to assign claims from the contractual relationship to third parties without the express written consent of EWRTransfers.com.

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9.3 APPLICABLE LAW, COURT OF JURISDICTION

The law of the United States applies to all legal relations between EWRTransfers.com and the user.