TERMS & CONDITIONS
Most recent version from 03.12.2022
The following Terms and Conditions (“Terms”) apply to Driveguard GmbH, and to all prospective trademarks with a secondary meaning, even if they are not expressly agreed. As long as usage of our services lasts, our conditions are binding and assumed. Deviations from our terms and conditions are only taken by a written confirmation on our part effectively.
“Driveguard” (also “Driveguard GmbH”, “Our Company”, “We”, “Us”, etc.) refers to Driveguard GmbH, a company based in Switzerland, Zurich.
“Customer” is a person who orders the services of our company on the website, by email, or telephone. The customer enters into a mandatory contractual relationship when Driveguard confirms the reservation in accordance with the then applicable Terms and Conditions. The customer must be at least 18 years old and must not have a legal restriction on entering into a contractual relationship. Assumes responsibility for the correct and complete completion of data during the booking process and is responsible for paying the full amount of fees arising from the ordered and / or performed services, which includes possible insurance premiums and fees for changes, additions or cancellations of services.
“Passenger” is the person who will benefit from Driveguard Services. The passenger may be a customer of the service but the customer does not have to be a passenger.
“Service” (transfer, drive) assumes the hire of a vehicle with a private driver.
“Partner” are other companies providing private driver services in Switzerland.
- By using our website or app, you (“Customer”) agree to be bound by these Terms and Conditions (“Terms”). These Terms also apply to the supply of all car rental, transportation services, private driver, and other services booked via the website (https://www.driveguard.ch), telephone, email, SMS or App.
- Driveguard request a minimum of 24 hours notice for any online bookings. If you would like to book a car with less than 24 hours notice – please call our helpline: +41 78 217 45 55.
- Whilst we do our utmost to ensure our drivers are punctual, you will understand that we cannot accept responsibility for delays caused by circumstances out of our control.
- The driver will drive at safe and sensible speed, in accordance with road conditions, traffic and the legal speed limits.
- Customers are responsible for any damage they cause to the interior and or exterior of a vehicle on hire to them and will be billed accordingly for any repair or valeting required in order to reinstate a vehicle to working order – as well as any subsequent loss of earnings for the driver for the consequence of their vehicle being off the road.
- By supplying your email and/or phone number you permit Driveguard to contact you. In return, we abide to never to supply your contact details to any third party.
- Our Chauffeurs will travel by the most appropriate route on the day unless instructed otherwise by the Customer at the time of booking.
- Driveguard vehicle(s) are fully insured for passenger and third party claims. However, customer’s properties are carried entirely at their own risk and Driveguard GmbH shall not be held responsible/liable for any loss/damage to such property.
- The Passenger shall be responsible for their luggage and personal items at all times and shall check that they are loaded into the vehicle prior to the commencement of the service and unloaded from the vehicle upon completion of the service. Driveguard will accept no responsibility for any loss or damage to luggage and personal items or consequential losses arising as a result of luggage and personal items that are not loaded or unloaded from the Passenger vehicle.
- Driveguard will keep a lost property book at their office and will endeavour to return any lost goods left in our vehicle(s)to the customer.
- Driveguard and its chauffeurs have the right to refuse to carry any passenger who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat either to the Chauffeur, the vehicle or any other passenger(s).
- Nothing contained in these terms and conditions can affect the Customers’ statutory rights.
BOOKING AND THE USE OF SERVICES
The contract for all bookings is between the customer/passenger (i.e: the company or person booking and paying for the transport service) and Driveguard GmbH. Driveguard is responsible for both accepting the booking as well as the provision of the transportation services.
- Driveguard GmbH is allowed to fulfill the booking:
- Directly with their permanent fleet and drivers
- Semi-directly with their permanent fleet and Partner company drivers
- Semi-directly with their drivers and a rented/subcontracted vehicles
- Indirectly through their network of trusted partners.
- Customer guarantees that Passengers will comply with the following rules and guidelines:
- No more than the allowed number of passengers per vehicle.
- No smoking.
- No littering, or spilling of liquids.
- No causing hazardous situations.
- Customer shall be responsible for the cost of repair for damage to, or necessary cleaning of the vehicles resulting from the inappropriate use of the vehicle.
- Any liability in relation to the transportation services belongs to Driveguard.
- Driveguard reserve the right to cancel any booking with a customer/passenger. All bookings are subject to availability.
- The Services price is provided in advance, either on the website, or by email or phone.
- Order price includes a vehicle with a driver, including road tolls and fuel cost. It never includes such costs as a tour guide, entry tickets, or tourist parking fees. Such expenses should be paid by the Passenger directly, or could be paid by the driver and invoiced to the Customer.
- Pricing details for each car for TRANSFER, HOURLY or DAILY bookings can be found on each car page in Our Fleet section.
- For TRANSFERS, 1 hour of total waiting time is included (combining waiting time at pick-up and other small waiting times along the way). If the customer requires a longer waiting time during the transfer (to stop at a restaurant, touristic destination, or do some shopping for example), the extra waiting time will be charged additionally as per each car’s hourly booking price. The transfer price is provided based on the kilometers distance from the pick-up to the drop-off destination. If the customer decides to change the route, a new transfer price will be provided.
- For HOURLY bookings, 30 kilometers of distance is included per hour. If the customer requires to travel a longer distance within one hour, the extra kilometers will be charged additionally as per each car’s price per kilometer of transfer.
- For DAILY bookings, 500 kilometers of distance is included per day. If the customer requires to travel a longer distance within one day, the extra kilometers will be charged additionally as per each car’s price per kilometer of transfer. For overnight trips outside Zurich, the client should provide accommodation to the driver, otherwise an extra 200 CHF per night will be charged for hotel accommodation nearby. The driver needs to have at least 8 hours break within each 24 hours of service.
- Payment Methods — Online methods: The customer may pay online at the moment of booking by card or PayPal. Driveguard accept most Credit or Debit cards including American Express. Customers can also request an invoice and pay by bank transfer. Offline methods: Customers can pay to the driver during the pickup by card or in cash.
- Payment Terms — The payment for Driveguard services in due full before the start of the service. The customer/passenger should pay in full during at the moment of pickup the latest.
- Changes to Bookings — Any deviations to the original booking price, such as extra service time, will be paid separately by card, cash or online through the payment link.
- Credit Card registration – The customer may choose to register a Credit Card with Driveguard, which shall be used by Driveguard as a payment method for its services and other fees contingent to the delivery of the services.
- Credit Card Statement — The charge on your credit card statement will be shown as Driveguard.
- Preauthorization — Driveguard may pre-authorize a user’s credit card to ensure that there are enough funds to pay for the booking.
- Multiple credit cards — Customers may link multiple credit cards to a personal or business account. Upon booking, customers may choose their preferred card. In the event that Driveguard is unable to charge the preferred card, it will charge any other card linked to the customers personal or business account.
- Besides the above payment methods, companies might choose to pay by invoice.
- Invoices — All invoices to be paid to Driveguard, within 30 days of the date of the invoice, unless otherwise agreed in writing.
- Monthly payment — On approval, business account customers can pay monthly. Driveguard will provide a detailed invoice at the beginning of each month. This will include a breakdown of all journeys and charges, disbursements, parking and cancellation fees incurred under that business account during the preceding month.
- Overdue payment — Driveguard reserves the right to suspend customers access to their business account in the event of any overdue payment.
- Late payment charges — Driveguard reserves the right to be paid all costs for recovering late payment from overdue business account customers. This will include Driveguards administrative costs and any associated costs incurred with lawyers or debt collection agencies.
CANCELLATION AND REFUND POLICY
- If a booking is cancelled by the Customer more than 24 hours in advance of the start of the service, there’s no cancellation fee and all advance payments made by the customer for this booking will be reimbursed.
- In case of no-show or cancelation in less than 24 hours prior to reservation, the full service price will be charged. The customers that chose to pay at the moment of pickup during the reservation, will get an invoice by email.
- Driveguard consumers have legal rights in relation to services that are not performed with professionalism and a duty of care, either by our chauffeurs, or our office team.
- If the customer has any complaints regarding Driveguard, the customer is encouraged to inform Driveguard as soon as possible, but no later than 7 days after the booking.
- Driveguard will always try to facilitate an amicable solution to any complaint and may provide a refund or an account credit after the resolution of each case has been carefully looked into.
INTELLECTUAL PROPERTY RIGHTS
- All trademark rights, copyright, database rights and any other intellectual property rights of any nature relating to Driveguard GmbH are exclusively owned by Driveguard and/or its group of companies.
DATA PROTECTION AND PRIVACY