1. General 

Elite enables its Users to book travel services through its mobile application, through the association with other online platforms, as well as through the applications for mobile devices (“Apps”, all products together, “Elite mobile application”). The service of Elite is made up only by the arrangement of an entitlement to carriage for a User over a transportation service provider (“TSP”) as an intermediate, and not in the provision of the travel service itself. 

These Terms and Conditions (hereinafter referred to as “Terms”) are part of every agreement between Users with the arrangement of a travel service by Elite. They also describe in detail the travel services which are offered through the direct entitlement created by Elite between the User and the TSP. 

Deviations from the User Terms, even in the case of letters of confirmation and unreserved services, are hereby rejected. Only if the management of Elite has expressly agreed in writing, does this not apply. 

2. Contractual Relationship and Conclusion of Contract 

2.1 Contractual Relationship 

Elite provides the travel services presented by the Elite app, neither itself nor through third parties. Elite arranges for the User simply an entitlement to carriage over a TSP independent of Elite. 

Therefore, Elite makes the necessary arrangements with the TSP in its own name, which provides the User with an entitlement to carriage over the TSP ("Third-Party Beneficiary", also called "Contract of Carriage for the Benefit of the User"). Consequentially, Users are entitled to demand travel services and other claims directly from the TSP. 

The User uses Elite only as an intermediate or an arranger and not as a transport service. The compensation claim of Elite is made up of arrangement fees as well as the advance payment made by Elite to the TSP. 

2.2 Conclusion 

By submitting a completed booking form via the Elite mobile application or by telephone (“Ride Request” of the User) to Elite the User makes an offer for the conclusion of an arrangement agreement. The object of this agreement is the arrangement of the travel service to meet the User’s Ride Request. 

Elite next sends the User a notification confirming the receipt of the ride details for the travel service which is to be arranged. Through this, Elite confirms only the receipt of the User’s Ride Request. 

The arrangement agreement between Elite and the User for the requested travel service comes into effect only through a separate statement ("Booking Confirmation") by Elite per app notification. The User themselves is then entitled to demand the transportation services from the TSP directly as well as to make further claims directly against the TSP. 

3. User Registration Requirements for the Use of the Elite Mobile Application 

It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to Elite is complete and accurate. Registration using automated methods is prohibited. 

4. Selected Topics of the Contract of Carriage for the Benefit of the User 

Under Paragraph 4 described details of the User’s Ride Request (collectively, "Travel Arrangements"), the User can only make demands to the TSP, if they are agreed upon in the arrangement agreement with Elite. 

The following conditions apply to the Elite-arranged entitlement to carriage of the User directly over the TSP: 

4.1 Transfer Rides / Hourly Bookings, Changes to Service 

The User can choose between transfer rides and hourly bookings for their Ride Request. If, according to the express wishes of the User, or guest, the actual Ride Request requires additional effort compared to the original Ride Request, the TSP should carry this out where possible. The extra effort may result in additional costs for the individual arrangement (for more details see Paragraph 5 below). 

Changes in Travel Arrangements are subject to the availability of the TSP and can be made by the User, or the guest, even after conclusion of the contract in accordance with Paragraph 5 and the payments described therein. 

4.1.1 

In the case of transfer services the price quoted is valid for a start and destination address. An additional fee, according to the current price structure (see Paragraph 5 below), accrues per stopover on the direct route. 

4.1.2 

For hourly bookings, the trip must always end in the municipal area of the pickup location. An hourly booking always starts at the pickup time confirmed upon booking. 

4.2 Vehicle Class / Vehicle Model, Upgrade 

The User can choose from different vehicle classes (e.g. “Black Sedan" ,"Black SUV”, “Armored SUV” or "Sprinter") for their Ride Request. 

The vehicle images shown in the Elite mobile application are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category - regional differences are especially possible. 

Subject to availability, an upgrade from the vehicle class "Black Sedan" to a higher vehicle class (such as "Black SUV" or "Sprinter"), at no additional cost to the User, may be possible. 

4.3 Transport Safety, Consequences 

4.3.1 Luggage, Animals 

The TSP reserves the right to refuse the carriage of luggage and/or animals which was/were not agreed to. This also applies to animals which are not contained in a closed and suitable transport box. 

4.3.2 Carriage of Children 

TSP has right to refuse the carriage of children without an appropriate car seat 

4.3.3 Information on Number of Guests and Pieces of Luggage 

The maximum number of guests and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of guest and luggage. These are therefore not binding. The TSP can refuse the carriage of guests or luggage if they believe they compromise the space and safety conditions. 

4.3.4 Prevention of Carriage 

The TSP reserves the right to refuse carriage if compelling (for example under applicable laws) requirements under Paragraph 4.3 were not at all, or not correctly, communicated by the User as an additional comment. 

If, due to this, carriage is not possible, this has no influence on the payment of Elite through the arrangement agreement with the User for the transportation booked. 

4.4 Delays 

Exceptional situations such as air-traffic controller strikes, extreme weather conditions, etc. can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by Users. 

4.5 Cancellations, Changes to Booking, and No-Shows 

4.5.1 Cancellation 

(a) Transfer Services 

For transfer services, cancellation is free of charge if there is more than one hour left before the agreed pickup time. If there is one hour or less before the agreed pickup time, the total price must be paid. A cancellation can only be done by using the cancel feature in our App. 

(b) Hourly Bookings 

For hourly bookings, cancellation is free of charge if there are more than 24 hours left before the agreed pickup time. If there are 24 hours or less before the agreed pickup time, a cancellation fee will be charged. A cancellation can only be done by using the cancel feature in our App. 

4.5.2 Changes to Booking 

Changes to bookings are generally treated as new bookings. The policy for dealing with cancellations (see Paragraph 4.5.1 above) therefore apply to the ride originally agreed upon. A compensation claim by Elite for the originally agreed ride may be made accordingly. 

4.5.3 No-Shows without cancellation, Delay to the User 

In case of a no-show without cancellation, the User loses their entitlement to carriage over the TSP, however this does not affect the compensation claim of Elite towards the User. 

(a) Transfer Services 

A ride is considered a no-show if the User, or guest, has not shown up without cancellation at the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply. 

For airport or train station (only long-distance train stations) pickups the ride is considered a no-show when the User, or passenger, has not shown up without cancellation within 60 minutes after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply. 

From this rule situations are excluded in which the TSP and the guest have agreed on a later pickup time by phone. Possible surcharges for waiting time have to be remunerated as described under Paragraph 5.3.1. Generally, the passenger is not entitled to change the pickup time. 

(b) Hourly Bookings 

A ride is considered a no-show if the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full. 

For airport or train station (only long-distance train stations) pickups the ride is considered a no-show when the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full. 

From this rule situations are excluded in which the TSP and the guest have agreed on a later pickup time by phone. An hourly booking always starts at the pickup time confirmed upon booking as described under Paragraph 4.1.2. In consequence possible extensions of the hourly booking have to be remunerated as described under Paragraph 5.2. Generally, the passenger is not entitled to change the pickup time. 

4.6. Behavior in the Vehicle 

The following behavioral standards apply to the User when traveling with the TSP: 

During the entirety of the ride, all guests must follow the regulations which apply to the relevant Road Traffic Act, especially the seatbelt regulations. Any instructions given by the TSP must be followed. It is the responsibility of the TSP to ensure a safe ride. It is therefore prohibited for guests to open the doors while driving, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If the User wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the TSP. 

Smoking is prohibited in the guest part of the vehicle. If the User, or guest, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle. 

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

 

5. Compensation and Payment 

5.1 Principles 

The compensation claim of Elite is specified in the Booking Confirmation on the mobile app. 

Key factors for its amount (including reimbursement of expenses to Elite for the arranged transportation service) are: the chosen vehicle class, the distance, how far in advance the ride is booked, as well as the pickup time and possibly the location. 

5.2 Ride Changes 

Even after the conclusion of the arrangement agreement and even after the start of the ride, provided it is possible for the TSP, the User (and the guest) can make changes to the Travel Arrangements. 

If a ride is spontaneously lengthened (distance or number of hours) according to the wish of the User, or guest, the actual service (total distance or number of hours) will be newly calculated and priced according to the current price structure. In the case of hourly bookings, each additional 30-minute block is considered for invoicing, i.e. from the first additional minute, a half hour will be rounded up to ensure more reliable planning. 

Accordingly, the compensation claim increases for the User, due to Elite’s expenses for the Contract of Carriage for the Benefit of the User increasing. 

If the distance or number of hours are less than originally booked, the price remains unaffected. 

5.3 Other Premiums 

5.3.1 Waiting Times for Transfer Services 

For transfer services, no surcharges are applied in the case of airport or train station (excluding long-distance train stations) for a waiting time of up to 60 minutes after the agreed pickup time, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time, and up to 15 minutes from the agreed pickup time in all other cases. Each additional minute of waiting time will be calculated as a flat-rate, including VAT, according to the hourly booking prices of the particular municipal area as well as the vehicle category. 

5.3.2 Additional Kilometers for Hourly Bookings 

Hourly bookings contain the kilometers (per hour) that are stated on the booking form (or by phone). Any additional kilometers are subject to surcharge, including VAT, and are calculated according to the price per kilometer of the particular municipal area as well as the vehicle category. 

5.4 Terms of Payment and Transaction Fees 

The User can pay for their ride by credit card. Incidental credit card charges are carried by Elite. Any transaction fees when making payments via bank transfer (e.g. due to different currencies or different local accounts) are carried by the User. 

5.5 Payment Reminders, Unpaid Credit Card Invoices 

For each payment reminder, Elite may charge an appropriate penalty fine. 

For unpaid credit card debts, Elite charges the User for the incurred expenses (bank, credit card company) and reserves the right to assert an appropriate handling fee per incident. 

5.6 Sending of Invoices, Payment Dates 

Elite provides the User with the respective invoice electronically as a download in their Elite business account. When paying by credit card, payment is due immediately. When paying by bank transfer, the payment date referred to in the invoice must be kept. 

5.7 Vouchers 

Vouchers are only redeemable individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash. 

6. Liability 

6.1 Principles 

Elite is liable for damage caused by Elite or their vicarious agents or subcontractors either intentionally or due to gross negligence. The TSP as well as all chauffeurs employed for the travel service are neither vicarious agents nor subcontractors of Elite. Rather, Elite arranges, for the User, a direct entitlement to carriage over a TSP. 

In case of damage caused by simple negligence, Elite is liable only for breach of fundamental contractual obligations and for foreseeable and typical damage. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and upon which the User can rely. 

Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act. 

6.2 Contents of Elite Mobile Application 

Elite is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of Elite Mobile App, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by Elite. This applies to all kinds of damage, especially damage caused by errors, delays or interruptions in the transmission, or problems with technical equipment and service, incorrect content, omissions, loss or deletion of data, viruses or in any other way due to the use of this online offer. Furthermore, Elite is not liable for the availability and efficiency of the features offered. 

6.3 Websites of Third Parties 

Elite accepts no responsibility for the content, accuracy, legality and functionality of third-party websites which are referred to through links. Accessing these pages through hyperlinks is done at the risk of the User. 

6.4 Accuracy of Transmitted Information, Disruption of Access 

Elite accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or chauffeur in time. This does not apply to content in the Booking Confirmation. 

Elite is not liable for disruptions to the quality of access to the Elite mobile app due to excess force or due to events which Elite is not responsible for, in particular the failure of communication networks and/or gateways. Elite makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected. 

6.5 Release of Liability by the User 

The User releases Elite of all claims and expenses, including appropriate attorney’s fees, levied against Elite by a third party for any use of the Elite mobile app by the User which violates the contract or is a breach of these Terms. 

7. Changes to the Offer by Elite 

Elite reserves the right to at any time make changes to the Elite mobile app in a way that is appropriate to the User, so as to further develop and improve their quality. In addition, Elite reserves the right to, with good cause, temporarily or permanently discontinue its offer through the Elite mobile app, even without the User being informed personally of this. 

 

8. Protection of Content, Granting of Rights of Use to Elite Mobile Application 

The content contained within the Elite mobile application enjoys copyright protection. 

Elite grants the User the conditional and revocable right to use the Elite mobile application as intended through complying with these Terms. Any use beyond this (changes, copies, re-releases, transfers, distribution, or other improper purposes) is prohibited. 

9. Final Provisions 

9.1 Entirety, Writing 

These Terms are the entire agreement between Elite and the User for the service. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement. 

9.2 Subject to Change 

Elite reserves the right to change these Terms. Notification of the change is made as a unilateral declaration by publishing the new Terms on the website of Elite and informing Users of this. If the User does not object to the new Terms within 14 days of the information being published, the new Terms then apply to the User. Continued use of Elite’s services is then dependent on the acceptance of the Terms by the User. 

9.3 Offsetting, Retention, and Assignment 

The User may only offset against undisputed or legally determined counterclaims against Elite. This also applies to the User's notice of defects. 

The User may only exercise a right of retention, if their counterclaim is derived from the same contractual relationship. 

The assignment of the User's claims from the contractual relationship against third parties without the written consent of Elite is excluded. 

9.4 Choice of Law and Place of Jurisdiction 

For all legal relationships between Elite and the User the law of the United States applicable to domestic business is effective. 

Place of fulfillment is Georgia. 

Exclusive place of jurisdiction is Georgia, insofar as the User is a merchant according to the Commercial Code, or, upon suing, has no fixed place of residence in the United States. Legally binding jurisdictions remain unaffected. 

9.5 Severability 

If any provisions of these Terms prove invalid, unenforceable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and the intent of the parties.