1. In general,
"GrandLane Transfer GmbH," located at Ackerstrasse 23, Kloten, Switzerland 8302 (henceforth "Grandlane"), provides its users with the ability to reserve private travel services via its online platform, in conjunction with other online platforms, and mobile applications ("Apps"; all products collectively "GT Tools"). Grandlane's service consists solely of facilitating the arrangement of a user's entitlement to conveyance through an intermediary transportation service provider ("TSP"); it does not involve the actual provision of the travel service.
These Terms and Conditions (henceforth "Terms") are an integral element of any agreement between Users and Grandlane regarding the arrangement of a travel service. Additionally, they provide a comprehensive description of the travel services that are accessible via the direct entitlement established by Grandlane between the User and the TSP.
Any attempts to deviate from the User Terms, including those pertaining to confirmation letters and unreserved services, are firmly declined. Exclusion from this provision is contingent upon written consent from Grandlane's management.
2. Contractual Relationship and Contractual Agreement
2.1 Statutory Association
The travel services offered by GT Tools are not provided by Grandlane itself or by a third party. Grandlane merely arranges for the User a carriage entitlement over a TSP that is not affiliated with Grandlane.
As a result, Grandlane enters into the requisite agreements with the TSP on its own behalf, thereby granting the User a subscription to transport services over the TSP ("Third-Party Beneficiary" or "Contract of Carriage for the Benefit of the User"). Users are therefore permitted to submit claims for travel services and other items directly to the TSP.
Grandlane is utilised exclusively by the user as an intermediary or arranger, and not as a mode of transportation. The compensation claim of Grandlane comprises both the advance payment made by Grandlane to the TSP and the arrangement expenses.
2.2 Final Remarks
The User submits an offer to enter into an arrangement agreement with Grandlane by submitting a completed booking form through the GT Tools or by telephone ("Ride Request" of the User). The purpose of this agreement is to facilitate the travel service in order to fulfil the Ride Request of the User.
Grandlane subsequently notifies the User via email that the transportation details for the to-be-arranged travel service have been received. By doing so, Grandlane merely verifies that the User's Ride Request has been received.
The User and Grandlane enter into an arrangement agreement for the requested travel service, which is only enforceable upon receipt of a distinct statement ("Booking Confirmation") via email from Grandlane. The User is subsequently permitted to directly request conveyance services from the TSP and to file additional claims against the TSP.
3. Requirements for User Registration to Utilise GT Tools
It is the User's responsibility to ensure that Grandlane has received complete and accurate information that they or an authorised representative have supplied.
Automated registration processes are strictly prohibited.
4. Aspects of the Carriage Contract Selected for the User's Benefit
The User is limited to making requests to the TSP (collectively referred to as "Travel Arrangements") as specified in Paragraph 4, unless such demands are explicitly authorised in the arrangement agreement between the User and Grandlane.
The subsequent stipulations pertain to the Grandlane-arranged entitlement to the User's direct transportation over the TSP:
4.1 Transfer Rides/Hourly Reservations, Service Alterations
The Ride Request from the User may be scheduled on an hourly basis or for transfer services. If the user or visitor explicitly requests that the actual Ride Request entail more effort than the initial Ride Request, the transportation service provider (TSP) should endeavour to accommodate this request whenever feasible. Additional expenses may be incurred for the specific arrangement due to the additional effort (for further information, refer to Paragraph 5 below).
Alterations to Travel Arrangements are contingent upon the TSP's availability and may be implemented by either the User or the guest, even subsequent to the contract's execution, in accordance with the payments outlined in Paragraph 5.
4.1.1
The quoted price for transfer services is valid for both the origin and destination addresses. As per the prevailing pricing framework (refer to Paragraph 5 below), an extra charge is imposed for each layover made along the direct route.
4.1.2
The journey must always terminate in the municipal territory of the pickup location for hourly reservations. An hourly reservation commences at the verified pick-up time at the time of reservation.
4.2 Upgrade of Vehicle Class or Model
The Ride Request can be accompanied by one of several vehicle classes (e.g., "First Class," "Business Class," or "Business Van/SUV").
The vehicle images presented in GT Tools are for illustrative purposes only. These are not associated with any exclusivity to a specific model of vehicle within the contracted vehicle category; regional variations are particularly probable.
It may be possible, subject to availability, to upgrade the user's vehicle from "Business Class" to a higher class (e.g., "First Class" or "Business Van") at no additional cost.
4.3 Safety in Transport and Consequences
4.3.1 Animal Luggage
As specified on the booking form, the quantity of luggage is included in the price confirmed in the booking confirmation. Non-disclosure of additional comments regarding the transportation of animals, bulky or excess cargo, or the like, during the booking process, may result in supplementary charges. Additionally, the Booking Confirmation will indicate an increased arrangement fee (refer to Paragraph 5 below).
The TSP retains the prerogative to decline the transportation of unaligned baggage and/or animals. This also pertains to animals that are not enclosed in a conveyance box that is both sealed and appropriate.
4.3.2 Transport of Minors
The user should indicate their requirement for child safety seats in an additional comment, providing specific details such as the number and age of children to be transported, along with the style of seating that is required.
4.3.3 Details Regarding the Quantity of Attendees and Luggage
The utmost number of guests and pieces of luggage allowed in a specific vehicle is an approximation that takes into account variables including the dimensions and weight of the guests and their luggage. Therefore, they lack binding force.
If the TSP determines that the carriage of visitors or their luggage would compromise the safety and space conditions, they may refuse service.
4.3.4 Precautions Against Carriage
The TSP retains the prerogative to deny carriage in the event that the User fails to adequately or inaccurately informs the TSP of mandatory (for instance, legal) requirements outlined in Paragraph 4.3 as an additional comment.
If transportation is rendered impossible as a result, this will not impact Grandlane's obligation to remit payment to the User in accordance with the arrangement agreement for the booked transportation.
4.4 Postponements
Users must be willing to tolerate longer wait times or last-minute cancellations in light of the fact that compensation for exceptional circumstances, such as strikes by air traffic controllers or severe weather conditions, is limited.
4.5 Cancellations, Reservation Modifications, and Absences
4.5.1 Revocation
(a) Transfer Provisions
In the case of transfer services, cancellations made with at least 48 hours' notice prior to the scheduled retrieval time are provided at no cost. The full payment is required if the agreed-upon collection time approaches with less than 48 hours' notice. Cancellation is exclusively possible through the cancel button located on our website.
(b) Hourly Reservations
100% refunds are granted for hourly reservations that are cancelled 72 hours or more prior to the scheduled departure. Cancelling a reservation between 72 and 48 hours prior to departure will result in a 50% refund. Refunds are not provided for cancellations received less than 48 hours prior to the scheduled retrieval time. Cancellation is exclusively possible through the cancel button located on our website.
4.5.2 Revisions to Reservation
Modifications made to reservations are typically regarded as additional reservations. The aforementioned policy regarding cancellations (refer to Paragraph 4.5.1) is thus applicable to the trip that was initially scheduled. A claim for compensation may be filed by Grandlane in relation to the ride that was initially decided upon.
4.5.3 Absence of the User without Cancellation; User Delay
The User forfeits their right to use the TSP in the event of a no-show without prior cancellation; however, this does not impact Grandlane's compensation claim against the User.
(a) Transfer Provisions
A ride is deemed a "no-show" if the User, or visitor, fails to appear at the designated pickup location within 30 minutes of the scheduled time without providing a cancellation. In the event that a client fails to appear, complete payment is required for the ride; however, potential surcharges for waiting time are not applicable.
In the case of airport or train station (exclusively long-distance train stations) pickups, a ride is deemed a "no-show" if the User, or passenger, fails to appear at the designated pickup location within 60 minutes of the agreed-upon time without cancelling. This exception applies to situations where flight and train delays, or earlier flights and trains, result in a postponement of the scheduled pickup time by the amount of time originally allotted between the planned arrival time and the agreed-up time. In the event that a client fails to appear, complete payment is required for the ride; however, potential surcharges for waiting time are not applicable.
Circumstances in which the TSP and the guest have reached a telephone agreement regarding a later retrieval time are excluded from this rule. Potential waiting time surcharges must be compensated in accordance with the guidelines outlined in Paragraph 5.3.1. Passengers do not typically have the ability to modify the scheduled collection time.
(b) Hourly Reservations
A transport is deemed a "no-show" if the User, or passenger, fails to appear at the agreed pickup location within the allotted time following the agreed pickup time without cancelling the reservation prior to the expiration of the hours. Non-appearance of a customer necessitates complete payment for the ride.
In the case of airport or train station (exclusively long-distance train stations) pickups, a ride is deemed a "no-show" if the passenger or user fails to appear without cancelling within the designated time frame following the agreed pickup time at the agreed pickup location. This exception applies to situations where flight and train delays, or earlier flights and trains, result in a postponement of the scheduled pickup time by the planned duration between the original pickup time and the planned arrival time. Non-appearance of a customer necessitates complete payment for the ride.
Circumstances in which the TSP and the guest have reached a telephone agreement regarding a later retrieval time are excluded from this rule. The confirmation of the collection time at the time of an hourly reservation is obligatory, as detailed in Paragraph 4.1.2. As a result, potential extensions of the hourly reservation must be compensated in accordance with the guidelines outlined in Paragraph 5.2. Passengers do not typically have the ability to modify the scheduled collection time.
4.6. Conduct within the vehicle
The User is expected to adhere to the subsequent behavioural standards while travelling with the TSP:
All passengers are required to adhere to the regulations outlined in the applicable Road Traffic Act, with particular emphasis on the seatbelt regulations, throughout the entire journey. All guidelines provided by the TSP are mandatory. The assurance of a safe journey is a duty that the TSP must fulfil. Hence, engaging in the following activities while operating a motor vehicle: opening the doors while in motion, tossing objects from the vehicle, protruding body parts, or speaking loudly from the vehicle. Prior to utilising any of the vehicle's amenities or devices, the User must receive concise guidance from the TSP.
Guests are not permitted to smoke in the vehicle. Should the user or visitor fail to adhere to this, they will be responsible not only for the expense of vehicle cleaning but also for compensating the business for the financial impact caused by the vehicle's unavailability.
Food consumption is strongly discouraged. Consumption of alcoholic beverages in the vehicle is strictly prohibited without prior consent.
5. Remuneration and Compensation
5.1 Basic Values
The details regarding Grandlane's compensation claim are included in the Booking Confirmation.
The amount (including reimbursement to Grandlane for expenses incurred during the appointed transportation service) is primarily determined by the vehicle class, distance, booking advance notice, pickup time, and potentially the location.
Special requests that are booked in advance, such as those for a multilingual chauffeur, personalised vehicle labelling, additional stops, cumbersome luggage, child car seats, and so forth, may result in a price increase.
5.2 Changes in Rides
Insofar as the TSP permits, the User (and the visitor) may modify the Travel Arrangements even after the conclusion of the arrangement agreement and prior to the commencement of the journey.
In the event that a ride is unexpectedly extended in length (distance or number of hours) per the request of the user or visitor, the current pricing structure will be applied to the recalculated actual service (distance or number of hours). In the case of hourly reservations, billing is calculated on a per-minute basis; specifically, a half-hour increment will be applied to the first additional minute in order to promote more dependable scheduling.
Consequently, as a result of Grandlane's increased expenses for the Contract of Carriage for the Benefit of the User, the User's compensation claim is enhanced.
The price is unaffected if the distance or number of hours travelled fall short of the initial reservations.
Other Premiums (5.3)
5.3.1 Transfer Service Waiting Periods
In the case of transfer services, there are no surcharges for waiting times of up to 60 minutes after the agreed pickup time at airport or train station (excluding long-distance train stations), provided that earlier flights and trains result in a postponement of the scheduled pickup time by the planned duration between the original arrival time and the delayed time of departure, and up to 15 minutes from the agreed pickup time in all other circumstances. A fixed rate, inclusive of VAT, shall be computed for each further minute of waiting time, in accordance with the hourly booking rates specific to the municipal area and the category of the vehicle.
5.3.2 Mileage Extensions for Hourly Reservations
The kilometres per hour are specified on the hourly reservation form (or over the phone). Surcharges, inclusive of VAT, are applicable for any further kilometres driven. These surcharges are computed in accordance with the price per kilometre in the specific municipality and the category of the vehicle.
5.4 Payment Conditions and Transaction Charges
The journey can be paid for with a credit card by the user. Grandlane is responsible for any incidental credit card charges that accompany them. The user is responsible for any transaction fees incurred when making payments via bank transfer (e.g., those associated with various currencies or local accounts).
5.5 Reminders for Payments and Overdue Credit Card Invoices
As a penalty for each payment reminder, Grandlane reserves the right to assess an appropriate fine.
Grandlane charges the User for any fees incurred as a result of unpaidcredit card balances (bank, credit card company) and reserves the right to assess a reasonable handling fee per incident.
5.6 Dates of Invoice Transmission and Payment
Grandlane electronically delivers the corresponding invoice to the User in the form of a download within their Grandlane account. Upon using a credit card, immediate payment is required. It is necessary to adhere to the payment date specified on the invoice when making a bank transfer payment.
5.7 Coupons
Individual vouchers are redeemable only; they cannot be redeemed in conjunction with other vouchers. Cash values are not applicable to vouchers.
6. Owing to liability
6.1 Foundational Principles
Grandlane is liable for any damage intentionally or negligently caused by Grandlane, their vicarious agents, or subcontractors. Grandlane does not consider the TSP or any chauffeurs utilised for the travel service to be vicarious agents or subcontractors. In contrast, Grandlane facilitates a direct entitlement to carriage over a TSP for the User.
Grandlane is solely liable for transgression of fundamental contractual obligations and for foreseeable and typical damage in the event of damage caused by simple negligence. Contractual obligations that are fundamental are those that, upon being met, facilitate the accurate implementation of the agreement and are reliable for the user.
In the context of an express guarantee of condition and quality, intentional injury to life, body, or health, and Product Liability Act claims, limitation of liability does not apply.
6.2 Parameters of GT Tools
Grandlane disclaims any liability for damages resulting from the free content and programmes distributed under the name GT Tools, including but not limited to intentional or gross negligence-induced harm. Such liability does not extend to damages caused by Grandlane through gross negligence or intentional means. This pertains to damage of any kind, with particular emphasis on damage resulting from technical equipment and service malfunctions, errors, delays, interruptions, incorrect content, omissions, data loss or deletion, viruses, or any other cause associated with the utilisation of this online offer. In addition, Grandlane disclaims any responsibility for the functionality and accessibility of the provided features.
6.3 Online Platforms - Third Party
Grandlane disclaims any liability with regard to the functionality, legality, content, or accuracy of third-party websites to which it provides links. The user enters these pages at their own risk by utilising hyperlinks to access them.
6.4 Information Transmitted Accuracy and Access Disruption
Grandlane disclaims any liability for the timely delivery or accuracy of the information provided to the user or chauffeur, as well as for the information itself. The content specified in the Booking Confirmation is exempt from this.
Grandlane shall not bear liability for any disruptions to the quality of access to the GT Tools that may occur as a result of events beyond its control, including the failure of communication networks and gateways, or as a consequence of excessive force. Grandlane does not guarantee error-free operation or uninterrupted functionality of the website, nor does it guarantee that any problems will be resolved.
6.5 Liability Release by the User
Grandlane is released by the User from all claims and expenses, including reasonable attorney fees, levied against Grandlane by a third party in connection with the User's use of the GT Tools in violation of the contract or these terms.
7. The Offer Modifications Made by Grandlane
Grandlane reserves the right to modify the GT Tools at any time in a manner that is suitable for the user, with the intention of advancing their quality. Additionally, Grandlane reserves the right to temporarily or permanently discontinue its offer via the GT Tools, even without providing the User with prior notice, for any reason and without cause.
8. Content Protection and the Granting of Usage Rights to GT Tools
The material presented in the GT Tools is safeguarded by copyright.
By adhering to these terms, Grandlane grants the User a conditional and revocable right to utilise the GT Tools as intended. Any additional uses, including modifications, reproductions, re-distribution, transfers, or other illegitimate intentions, are strictly prohibited.
9. Consensus Provisions
9.1 Comprehension, Written
These Terms constitute the complete agreement regarding the service between Grandlane and the User. No subsidiary agreements are in place. Digital format is inadequate for modifications or additions to this written-form stipulation; the aforementioned principle also applies to changes or additions to this written-form prerequisite.
9.2 Preliminary Alteration
Grandlane may modify these terms at any time. The modification is officially declared unilaterally through the publication of the revised terms on the Grandlane website and subsequent communication to users. The User shall be bound by the revised Terms fourteen days after the information is published, unless they provide an objection to the revised terms. The User's continued use of Grandlane's services is subsequently contingent on their adoption of the Terms.
9.3 Assignment, Offsetting, and Retention
Offsets by the User are limited to counterclaims that have been legally determined or are uncontested against Grandlane. This pertains to the user's notification of defects as well.
In order for the User to assert a right of retention, their counterclaim must be based on the identical contractual relationship.
The transfer of the User's contractually derived claims to third parties is not permitted without Grandlane's prior written consent.
9.4 Selection of Law and Jurisdictional Location
Regarding all legal relationships between Grandlane Transfer and the User, the domestic business law of the Federal Republic of Switzerland shall govern.
The fulfilment takes place in Zurich.
The sole jurisdictional authority is in Zurich, provided that the User is a merchant as defined by the Commercial Code or, at the time of the lawsuit, does not have a permanent residence in Switzerland. The impact on legally binding jurisdictions is negligible.