Terms and Conditions
BLACKCAR OFFERS LIMO SERVICES LLC (referred to as “BCO”) enables its Users to book travel services / or logistics 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, “BCO Set Tools”). The service of BCO is made up only by the arrangement of an entitlement to carriage for a User over a Ground Transportation Service Provider (“GTSP”) 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 BCO. They also describe in detail the travel services which are offered through the direct entitlement created by BCO between the User and the GTSP. Deviations from the User Terms, even in the case of letters of confirmation and unreserved services, are hereby rejected. Only if the management of BCO has expressly agreed in writing, does this not apply.
- CONTRACTUAL RELATIONSHIP AND CONCLUSION OF CONTRACT
2.1 CONTRACTUAL RELATIONSHIP BCO provides the travel services presented by the BCO Set Tools neither itself nor through third parties. BCO arranges for the User simply an entitlement to carriage over a GTSP independent of BCO.Therefore, BCO makes the necessary arrangements with the GTSP in its own name, which provides the User with an entitlement to carriage over the GTSP ("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 GTSP. The User uses BCO only as an intermediate or an arranger and not as a transport service. The compensation claim of BCO is made up of arrangement fees as well as the advance payment made by BCO to the GTSP. If you do not agree to these terms, yo may not Access or use the Service. These Terms expressly supersede prior agreements or arrangements with you. BCO may inmediately terminate these Terms or any Services with respect to you, or generally cease offering or deny Access to the Service or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed part of, the Terms for the purposes terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service.
Suplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service. Supplemental terms shall prevail over these Terms in the event of a conflict to with respect to the applicable Services. BCO may amend the Terms related to the Services from time to time. Amendments will be effective upon BCO´s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued Access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2.2 CONCLUSION By submitting a completed booking form via the bco Set Tools or by telephone (“Ride Request” of the User) to BCO 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. BCO next sends the User an email confirming the receipt of the ride details for the travel service which is to be arranged. Through this, BCO confirms only the receipt of the User’s Ride Request. The arrangement agreement between BCO and the User for the requested travel service comes into effect only through a separate statement ("Booking Confirmation") by BCO per email. The User themselves is then entitled to demand the transportation services from the GTSP directly as well as to make further claims directly against the GTSP.
You may not: (a) remove any copyright, trademark or other propierty notices from any portion of the Services; (b) reproduce, modify, prepare derivative Works based upon, distribute, license, lease, sell, resell, transfer, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except expressly permitted by BCO; (c) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Services; (e) cause or lauch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (f) or attempt to gain unauthorized Access to or impair any aspect of the Services or its related systems or networks.
- USER REGISTRATION REQUIREMENTS FOR THE USE OF BCO SET TOOLS
It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to BCO is complete and accurate. Registration using automated methods is prohibited. Account registration requieres you to submit to BCO certain information, such as your name, address, mobile pone, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to Access and use the Services or BCO´s termination of this agreement with you. You are responsibible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by BCO in writing, you may only possess one account. By creating an account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You mayo opt-out of receiving text (SMS) messages from BCO at any time by requesting this to our contact center. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
- SELECTED TOPICS OF THE CONTRACT OF CARRIAGE FOR THE BENEFIT OF THE USER
Under Paragraph 5 described details of the User’s Ride Request (collectively, "Travel Arrangements"), the User can only make demands to the GTSP, if they are agreed upon in the arrangement agreement with BCO.The following conditions apply to the BCO-arranged entitlement to carriage of the User directly over the GTSP.
5.1 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 GTSP should carry this out where possible. The extra effort may result in additional costs for the individual arrangement (for more details see Paragraph 6 below). Changes in Travel Arrangements are subject to the availability of the GTSP and can be made by the User, or the passenger, even after conclusion of the contract in accordance with Paragraph 6 and the payments described therein.
5.1.1 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 6 below), accrues per stopover on the direct route.
5.1.2 For hourly bookings, the trip sometimes end in different area of the pickup location. An hourly booking always starts at the pickup time confirmed upon booking.
5.2 VEHICLE CLASS / VEHICLE MODEL, UPGRADE The User can choose from different vehicle classes (e.g. “Economic Class”, "Business Class","Business SUV Class” “Business LUX SUV Class, “Business VAN Class”, "Business LUX VAN Class" or "BUS Class" ) for their Ride Request. The vehicle images shown in the BCO Set 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 SUV"), at no additional cost to the User, may be possible.
5.3 TRANSPORT SAFETY, CONSEQUENCES
5.3.1 LUGGAGE, ANIMALS The price given in the Booking Confirmation includes the number of passengers and pieces of luggage specified on the booking form. Excess luggage has an extra fee. Bulky luggage also has it. The transportation of animals are prohibited. Additional comment upon booking could lead to corresponding surcharges; the arrangement fee will also be higher, as stated in the Booking Confirmation (see Paragraph 6 below). The GTSP reserves the right to refuse the carriage of excess and bulky 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. The transfer ride is going to be charge in the payment method.
5.3.2 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. The safety seat fee is for $5USD
5.3.3 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 GTSP can refuse the carriage of passengers or luggage if they believe they compromise the space and safety conditions. Economic Class extra luggage $3USD ea. Business Class extra luggage $5USD ea. Business SUV extra luggage $6USD ea. Business LUX SUV extra luggage $7USD ea. Business VAN extra luggage $8USD ea. Business LUX VAN extra luggage $9USD ea. Extra Passenger $12 USD in any case.
5.3.4 PREVENTION OF CARRIAGE The GTSP reserves the right to refuse carriage if compelling (for example under applicable laws) requirements under Paragraph 5.3 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 influence on the payment of BCO through the arrangement agreement with the User for the transportation booked.
5.4 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.
5.5 CANCELLATIONS, CHANGES TO BOOKING, AND NO-SHOWS5.5.1 CANCELLATION
(A) TRANSFER SERVICES For transfer services, cancellation is free of charge if the GTSP has not yet set off for the pickup location or over two hours is left before the agreed pickup time. In all other cases, the full arrangement fee is payable to BCO. A cancellation can only be done by using our App or Website.
(B) HOURLY BOOKINGSFor hourly bookings, cancellation is free of charge if over 24 hours lie between the cancellation and the agreed pickup time. If less than 24 hours but over twelve-hours lie between the cancellation and agreed pickup time, 100% of the total price (or appropriate reimbursement of expenses for the activities carried out by BCO) is to be paid, provided the GTSP has not yet set off for the pickup location. If the cancellation is made less than twenty-four hours before the agreed pickup time, or the GTSP has already set off for the pickup location, the total price is payable. A cancellation can only be done by using our App or Website.
5.5.2 CHANGES TO BOOKING Changes to bookings in pick up/drop off address, pick up time, car class, flight number have a $1 USD charge. The policy for dealing with cancellations (see Paragraph 5.5.1 above) therefore apply to the ride originally agreed upon. A compensation claim by BCO for the originally agreed ride may be made accordingly.
5.5.3 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 GTSP, however this does not affect the compensation claim of BCO 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 15 minutes after the agreed pickup time at the agreed pickup location (Eg. Restaurants, home address, hotels, etc). If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time apply. For airport or train station 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 apply. The User has 60 minutes after the plane landed to confirm his arrival. This confirmation could be done by a pone call, text message, also an e-mail is accepted ir order to ask for waiting time. If there is no confirmation, the ride must be paid for in full. From this rule situations are excluded in which the GTSP 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.
6.3.1. 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 within 15 minutes after the agreed pickup time at the agreed pickup location (Eg. Restaurants, home address, hotels, etc). If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time apply. For airport or train station 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 apply. The User has 60 minutes after the plane landed to confirm his arrival. This confirmation could be done by a pone call, text message, also an e-mail is accepted ir order to ask for waiting time. If there is no confirmation, the ride must be paid for in full. From this rule situations are excluded in which the GTSP 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 5.1.2. In consequence possible extensions of the hourly booking have to be remunerated as described under Paragraph 6.2. Generally, the passenger is not entitled to change the pickup time.
5.6. BEHAVIOR IN THE VEHICLE The following behavioral standards apply to the User when traveling with the GTSP: During the entirety of the ride, all passengers must follow the regulations which apply to the relevant Road Traffic Act, especially the seatbelt regulations, number of passengers, pieces of luggage. Any instructions given by the GTSP must be followed. It is the responsibility of the GTSP to ensure a safe ride. It is therefore prohibited for passengers to open the doors and windows 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 GTSP. Smoking is prohibited inside 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 ($50 USD) but also compensate the loss of business due to the downtime of the vehicle (depends the vehicle class). The consumption of food is prohibited. Alcoholic drinks are not allowed to be consumed in the car. They have to be with prior consent.
6.1 PRINCIPLES The compensation claim of BCO is specified in the Booking Confirmation. Key factors for its amount (including reimbursement of expenses to BCO 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 the location. Additionally booked special requests, e.g. multilingual drivers, individual vehicle labeling, additional stops, extra and bulky luggage, car seats for children, extra passengers, etc. may cause the price to increase.
6.2 RIDE CHANGES Even after the conclusion of the arrangement agreement and even after the start of the ride, provided it is possible for the GTSP, 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 BCO´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.
6.3 OTHER PREMIUMS
6.3.1 WAITING TIMES FOR TRANSFER SERVICES For transfer services, no surcharges are applied in the case of airport or train station 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. Each additional minute of waiting time will be calculated as a flat-rate, including VAT, according to the hourly booking prices of the location area as well as the vehicle category.
6.3.2 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 location area as well as the vehicle category.
6.4 TERMS OF PAYMENT AND TRANSACTION FEES The User can pay for their ride by credit card. Incidental credit card charges are carried by BCO. Any transaction fees when making payments via bank transfer (e.g. due to different currencies or different local accounts) are carried by the User.
6.5 PAYMENT REMINDERS, UNPAID CREDIT CARD INVOICES For each payment reminder, BCO may charge an appropriate penalty fine. For unpaid credit card debts, BCO charges the User for the incurred expenses (bank, credit card company) and reserves the right to assert an appropriate handling fee per incident. All charges are due inmediately and payment will be facilitated by BCO using the preferred payment method designated in your account. If your primary account payment method is determined to be expired, invalid or otherwise no able to be charged, you agree that BCO may, use a secondary payment in your account, if available. As between the User and BCO, BCO reserves the right to establish, remove add/ or revise charges for any or all services or goods obtained through the use on the Services at any time in BCO´s sole discretion. Further, The User acknowledge and agree that charges applicable in certain geographical areas may increase substantially during times of high demand. BCO will use reasonable efforts to inform the User of charges that may apply, provided that the User will be responsable for charges incurred under the User´s account regardless of te User´s awareness of such charges or the amounts thereof. BCO may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and the User agree that such promotional offers and discounts, unless also made available to the User, shall have no bearing on the User´s use of the Services or the charges applied to the User. The User may elect to cancel his request for services or goods at any time prior to GTSP arrival, in which case the User may be charged a cacellation fee. This payment structure is intended to fully compensate the GTSP for the services or goods provided. BCO does not designate any portion of the User payment as a tip or gratuity to the GTSP. The tipping is “voluntary”, not required and/or included in the payments you make for services or goods provided is not intended to suggest that BCO provides any additional amounts, beyon those describe above, to the GTSP. The User understand and agree that, while the User is free to provide additional payment as a gratuity to any GTSP who provides the User with services or goods obtained through the Servive, the User is under no obligation to do so. Gratuities are voluntary and are NOT INCLUDED.
5.6 SENDING OF INVOICES, PAYMENT DATES BCO provides the User with the respective invoice. 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 PROMOTIONAL CODE BCO may, in BACO´s sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Services and GTSP services, subject to any additional terms that BCO establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public (wheather posted to a public formo r otherwise), unless expressly permitted by BCO; (c) may be disabled by BCO ay any time for any reason without liability to BCO; (d) may only be used pursuant to the specific terms that BCO establish for such Promo Code; (e) are not valid for cash; (f) may expire prior to your use. BCO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promo Codes by you or any other user in the event that BCO determines or believes that the use or redemtion of the Promo Code was in error, fraudulent, ilegal, or in violation of the applicable Promo Code terms or these Terms.
5.8 VOUCHERS Vouchers are only redeemable individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash.
6.1 PRINCIPLES BCO is liable for damage caused by BCO or their vicarious agents or subcontractors either intentionally or due to gross negligence. The GTSP as well as all drivers employed for the travel service are neither vicarious agents nor subcontractors of BCO. Rather, BCO arranges, for the User, a direct entitlement to carriage over a GTSP. In case of damage caused by simple negligence, BCO 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 DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNITY
6.2.1 DISCLAIMERS The Services are provided “as is” and “as available”. BCO disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, incluiding the implied warranties of merchantability, fitness for a particular purpose and non infringement. In addition, BCO makes no represation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. BCO does not guarantee the quality, suitability, safety or ability of GTSP. The User agree that the entire risk arising out of the User use of the Services, and any service or good requested in connection therewith, remains solely with the User, to the maximum extent permitted under applicable law.
6.2.2 LIMITATION OF LIABILITY BCO shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, incluiding lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services even if BCO has been advised of the possibility of such damages. BCO shall not be liable for any damages, liability or losses arising out of: (a) The User use of or reliance on the Services or the User inability to Access or use the Services; or (b) any transaction or relationship between the User and the GTSP, even if BCO has been advised of the possibility of such damages. BCO shall not be liable for delay or failure in performance resulting from causes beyond BCO´s reasonable control.
The User acknowledge that GTSP providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. In no event shall BCO´s total liability to the User in connection with the Services for all damages, loosses and causes of action exceed one hundred US Dollars.
BCO Services may be used by the User to request and Schedule transportation, goods or logistics services with the GTSP, but the User agree that BCO has no responsability or liability to the User related to any transportation, goods or logistics services provided to the User by GTSP other than as expressly set forth in these terms.
6.2.3. IDEMNITY The User agree to indemnify and hold BCO and its officiers, directors, employees, and agents harmless from any and all claims demands, losses, liabilities and expenses (incluiding attorney´s fees), arising out of or in connection with: (a) the User use of the Services obtained through the User use of the Services, (b) the User breach or violation of any of these Terms, (c) BCO´s use of the User content, or (d) the User violation of the rights of any GTSP.
6.3 CONTENTS OF BCO SET TOOLS BCO is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of BCO Set Tools, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by BCO. 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, BCO is not liable for the availability and efficiency of the features offered.
6.4 WEBSITES OF THIRD PARTIES BCO 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.
6.5 ACCURACY OF TRANSMITTED INFORMATION, DISRUPTION OF ACCESS BCO accepts no responsibility for ensuring that the information provided is accurate and complete not that it reaches the User or driver in time. This does not apply to content in the Booking Confirmation. BCO is not liable for disruptions to the quality of access to the BCO Set Tools due to excess force or due to events which BCO is not responsible for, in particular the failure of communication networks and/or gateways. BCO makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.
6.6 RELEASE OF LIABILITY BY THE USER The User releases BCO of all claims and expenses, including appropriate attorneys fees, levied against BCO by a third party for any use of the BCO Set Tools by the User which violates the contract or is a breach of these Terms.
- CHANGES TO THE OFFER BY BCO
BCO reserves the right to at any time make changes to the BCO Set Tools in a way that is appropriate to the User, so as to further develop and improve their quality. In addition, BCO reserves the right to, with good cause, temporarily or permanently discontinue its offer through the BCO Set Tools, even without the User being informed personally of this.
- PROTECTION OF CONTENT, GRANTING OF RIGHTS OF USE TO BCO TOOLS
The content contained within the BCO Set Tools enjoys copyright protection. BCO grants the User the conditional and revocable right to use the BCO Set Tools as intended through complying with these Terms. Any use beyond this (changes, copies, re-releases, transfers, distribution, or other improper purposes) is prohibited.
9.1 ENTIRETY, WRITING These Terms are the entire agreement between BCO 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 BCO 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 BCO and informing Users of this. If the User does not object to the new Terms within 5 days of the information being published, the new Terms then apply to the User. Continued use of BCO´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 BCO. 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 BCO is excluded.
9.4 CHOICE OF LAW AND PLACE OF JURISDICTION For all legal relationships between BCO and the User the law of the location applicable to domestic business is effective. Place of fulfillment is the location where the transfer takes place.Exclusive place of jurisdiction is the location where the transfer takes place, insofar as the User is a merchant according to the Commercial Code, or, upon suing, has no fixed place of residence in the place where the transfer takes place. 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.