1. General
ONYX Ground Travel Solutions Ltd, 130 Old Street, London, EC1V 9BD (hereinafter referred to as “ONYX”) enables its Users to book travel services over its online platform, through the association with other online platforms, as well as through the applications for mobile devices (“Apps”, all products together, “ONYX Tools”). The service of ONYX 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 ONYX. They also describe in detail the travel services which are offered through the direct entitlement created by ONYX 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 ONYX has expressly agreed in writing, does this not apply.
2. Contractual Relationship and Conclusion of Contract
2.1 Contractual Relationship
ONYX provides the travel services presented by the ONYX Tools neither itself nor through third parties. ONYX arranges for the User simply an entitlement to carriage over a TSP independent of ONYX
Therefore, ONYX 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 ONYX only as an intermediate or an arranger and not as a transport service. The compensation claim of ONYX is made up of arrangement fees as well as the advance payment made by ONYX to the TSP.
2.2 Conclusion
By submitting a completed booking form via the ONYX Tools or by telephone (“Ride Request” of the User) to ONYX 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.
ONYX next sends the User an email confirming the receipt of the ride details for the travel service which is to be arranged. Through this, ONYX confirms only the receipt of the User’s Ride Request.
The arrangement agreement between ONYX and the User for the requested travel service comes into effect only through a separate statement (“Booking Confirmation”) by ONYX per email. 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 ONYX Tools
It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to ONYX 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 ONYX.
The following conditions apply to the ONYX-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 passenger, 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 passenger, 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. “Business Class” ,”Business Van, or “First Class”) for their Ride Request.
The vehicle images shown in the ONYX Tools 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 “Business Class” to a higher vehicle class (such as “Business Van” or “First Class”), at no additional cost to the User, may be possible.
4.3 Transport Safety, Consequences
4.3.1 Luggage, Animals
The price given in the Booking Confirmation includes the number of pieces of luggage specified on the booking form. Excess luggage, bulky luggage, or the transportation of animals not stated as an additional comment upon booking could lead to corresponding surcharges; the arrangement fee will also be higher, as stated in the Booking Confirmation (see Paragraph 5 below).
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
The need for safety seats for children should be requested by the User as an additional comment by specifying the number and age of children to be transported as well as the required type of seating.
4.3.3 Information on Number of Passengers and Pieces of Luggage
The maximum number of passengers and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of passengers and luggage. These are therefore not binding.
The TSP can refuse the carriage of passengers 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 ONYX 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 24 hours left before the agreed pickup time. If there is 24 hours 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 or Website.
(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, the total price must be paid. A cancellation can only be done by using the cancel feature in our App or Website.
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 ONYX 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 ONYX towards the User.
(a) Transfer Services
A ride is considered a no-show if the User, or passenger, has not shown up without cancellation within 30 minutes 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, 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 passenger 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 passenger 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. Behaviour in the Vehicle
The following behavioural standards apply to the User when traveling with the TSP:
During the entirety of the ride, all passengers 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 passengers 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 passenger part of the vehicle. If the User, or passenger, 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 ONYX is specified in the Booking Confirmation.
Key factors for its amount (including reimbursement of expenses to ONYX 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.
Additionally, booked special requests, e.g. multilingual drivers, individual vehicle labeling, additional stops, bulky luggage, car seats for children, etc. may cause the price to increase.
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 passenger) 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 passenger, 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 ONYX’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 (long-distance train stations only) 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 MILES for Hourly Bookings
Hourly bookings contain the miles (per hour) that are stated on the booking form (or by phone). Any additional miles are subject to surcharge, including VAT, and are calculated according to the price per mile 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 ONYX. 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, ONYX may charge an appropriate penalty fine.
For unpaid credit card debts, ONYX 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
ONYX provides the User with the respective invoice electronically as a download in their ONYX 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
ONYX is liable for damage caused by ONYX or their vicarious agents or subcontractors either intentionally or due to gross negligence. The TSP as well as all drivers employed for the travel service are neither vicarious agents nor subcontractors of ONYX. Rather, ONYX arranges, for the User, a direct entitlement to carriage over a TSP.
In case of damage caused by simple negligence, ONYX 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 ONYX Tools
ONYX is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of ONYX Tools, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by ONYX. 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, ONYX is not liable for the availability and efficiency of the features offered.
6.3 Websites of Third Parties
ONYX 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
ONYX accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or driver in time. This does not apply to content in the Booking Confirmation.
ONYX is not liable for disruptions to the quality of access to the ONYX Tools due to excess force or due to events which ONYX is not responsible for, in particular the failure of communication networks and/or gateways. ONYX 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 ONYX of all claims and expenses, including appropriate legal fees, levied against ONYX by a third party for any use of the ONYX Tools by the User which violates the contract or is a breach of these Terms.
7. Changes to the Offer by ONYX
ONYX reserves the right to at any time make changes to the ONYX Tools in a way that is appropriate to the User, so as to further develop and improve their quality. In addition, ONYX reserves the right to, with good cause, temporarily or permanently discontinue its offer through the ONYX Tools, even without the User being informed personally of this.
8. Protection of Content, Granting of Rights of Use to ONYX Tools
The content contained within the ONYX Tools enjoys copyright protection.
ONYX grants the User the conditional and revocable right to use the ONYX Tools 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 ONYX 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
ONYX 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 ONYX 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 ONYX’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 ONYX. 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 ONYX is excluded.
9.4 Choice of Law and Place of Jurisdiction
For all legal relationships between ONYX and the User the law of the United Kingdom applicable to domestic business is effective.
Exclusive place of jurisdiction is London, insofar as the User is a merchant according to the Commercial Code, or, upon suing, has no fixed place of residence in the United Kingdom. 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.