§ 1- Offer and conclusion of contract -
1. Offers by the bus company are subject to change, unless otherwise agreed in writing. 2. The customer can place his/her order in writing or orally. 3. The contract is concluded upon written confirmation of the order by the bus company, unless otherwise agreed. If the contents of the order confirmation deviate from the order, the contract is deemed to be concluded on the basis of this confirmation if the customer declares his acceptance within one week after receipt.
§ 2 - Scope of services -
1. The scope of services shall be defined by the specifications contained in the written order confirmation.
§ 1 Section 2 and § 3 shall not be affected.
2. The services include the provision of a vehicle as stipulated in the order confirmation, including a driver and the carriage of passengers; the provisions for a service contract shall not apply.
3. The agreed service does not include:
a. the fulfilment of the purpose of the ride;
b. the supervision of passengers, in particular of children, young people or persons in need of assistance;
c. the supervision of items left behind in the passenger compartment of the vehicle by the customer or his passengers;
d. the supervision of luggage during loading and unloading of the vehicle;
e. information about the regulations relevant to all passengers, in particular foreign exchange, passport, visa, customs and health regulations, and the compliance with these regulations, unless otherwise agreed.
§ 3 - Modification of services -
1. The bus company is entitled to modify its services if the circumstances that necessitate the modification are not caused by the bus company in bad faith, and insofar as the modification is not significant and is reasonable vis-à-vis the customer.
2. Modifications in the services made by the customer are subject to approval by the bus company. Any requests must be made in writing unless otherwise agreed.
§ 4 - Prices and Payment -
1. The price stipulated in the order confirmation shall be binding.
2. Incidental expenses (e.g. road charges and parking fees, drivers’ accommodation expenses) are not included in the price unless otherwise agreed.
3. Additional costs caused by modifying the services on request of the customer shall be charged in addition.
4. The assertion of claims for costs incurred as a result of damage to the bus or through necessary cleaning shall not be affected.
5. Invoices are payable upon receipt without deduction.
§ 5 - Cancellation and termination by the customer-
1. C a n c e l l a t i o n (cancellation of a bus ride)
The customer may withdraw from the contract prior to departure. If the customer withdraws from the contract, the bus company is entitled to charge an appropriate compensation payment for the agreed charter price, unless the withdrawal is due to circumstances for which the bus company is responsible. The amount to be paid is determined by the agreed charter price, after deduction of the expenses saved by the bus company and revenues acquired through any other uses of the vehicle. The bus company is entitled to set the amount of the compensation payment as follows:
In the event of a cancellation:
a. up to 30 days prior to departure: 10%
b. from 29 to 11 days prior to departure: 25%
c. from 10 to 4 days prior to departure: 50%
d. from 3 days prior to departure: 80%
No claim to compensation can be asserted if the cancellation is due to modifications in services offered by the bus company that are significant and unreasonable for the customer.
Further rights of the customer shall not be affected.
2. T e r m i n a t i o n
a. If modifications to the agreed services that are significant and unreasonable for the customer become unavoidable after departure, the customer is entitled to terminate the contract – without prejudice to further claims.
In this case, the bus company is obliged – on request – to transport the customer and passengers back to the point of departure, whereby a claim to return transport applies only to the vehicle stipulated in the contract. In the event of a termination of the journey due to force majeure, any additional costs incurred for the return journey shall be paid by the customer.
b. Any further claims by the customer shall be precluded if the necessary modifications to services are caused by circumstances for which the bus company is not responsible.
c. In the event of termination of the contract by the customer, the bus company is entitled to charge an appropriate remuneration for the services already rendered and still to be rendered according to the contract, provided that the services are still of interest to the customer despite termination.
§ 6 - Cancellation and termination by the bus company -
1. C a n c e l l a t i o n
The bus company shall be entitled to withdraw from the contract before departure if exceptional circumstances for which the bus company is not responsible make it impossible to render the agreed services. In this case, the customer is entitled to demand compensation solely for necessary expenses related to the order.
2. T e r m i n a t i o n
a. The bus company is entitled to terminate the contract after departure if the provision of services is significantly complicated, endangered or impaired by force majeure or by the customer. In the event of termination after starting the trip – due to force majeure – the bus company is obliged – on request – to transport the customer and passengers back to the point of departure in the vehicle stipulated in the contract. Additional return journey costs arising out of termination due to force majeure shall be paid by the customer.
b. In the event of termination of the contract by the bus company, the bus company is entitled to charge an appropriate remuneration for the services already rendered and still to be rendered according to the contract, provided that the services are still of interest to the customer despite termination.
§ 7 - Liability-
1. The bus company is liable within the scope of the duty of care and due diligence for the thorough preparation and orderly carrying out of the transportation process.
2. The bus company is not liable for disruptions to its services due to force majeure, e.g. war or war-like incidents, hostilities, rebellion or civil war, arrest, confiscation or restraint by state organisations or other persons, road blockades or quarantine measures, nor for strikes, lock-outs or work stoppages for which the bus company is not responsible.
3. The regulations on the return transport of passengers shall not be affected.
§ 8 - Limitation of liability-
1. The bus company’s liability for contractual damage claims shall not exceed a maximum amount of three times the charter price (see § 4 above), whereby the liability to each individual affected shall be limited to the pro rata amount of the triple charter price. If damage claims are made due to improper handling, the bus company is liable to pay up to €75,000 for personal injury and up to €4,000 for damage to property. Should the triple pro-rata charter price per passenger exceed this sum, liability is limited to the relevant sum (triple the charter price, pro-rata).
2. § 23 of the German Passenger Transportation Act (Personenbeförderungsgesetz, PbefG) shall not be affected. The liability for damage to property is thus excluded, insofar as the damage per transported person exceeds €1,000.
3. The limits referred to in paragraphs 1 and 2 above do not apply if the damage being assessed is due to wilful intent or gross negligence.
4. The bus company is not liable in particular for damage to legally protected interests of passengers insofar as such damage is based solely on a culpable act by the customer or by one of his passengers.
5. The customer shall indemnify the bus company, its personnel and agents from all claims pertaining to the circumstances defined in § 2 paragraph 3 letters a–e.
§ 9 - Luggage and personal belongings
1. The bus company will transport a reasonable amount of luggage as well as anything else agreed upon in advance.
2. The customer shall be liable for any damage to the property of himself or his passengers if such damage is caused by neglectful behaviour on part of the customer or passengers.
§ 10 - Rules of conduct for customer and passengers -
1. The customer is responsible for the conduct of all passengers during the ride. The instructions of on-board staff must be followed at all times.
2. Passengers who do not obey the justified instructions of staff in spite of warning may be excluded from carriage if such disregard of instructions significantly impairs the trip for the other passengers or poses a danger to passenger safety, or if the bus company deems continued carriage unreasonable. The customer has no right of recourse against the bus company in these cases.
3. Complaints must first be made to the staff on the bus. Should these persons be unable to provide assistance, complaints may be made to the bus company itself.
44. The customer is obliged to assist in rectifying any disturbance to services in order to avoid or minimise damages.
§ 11 - Jurisdiction and place of fulfilment -
1. P l a c e o f f u l f i l m e n t
The place of fulfilment with regard to contractual relationships with business enterprises, legal entities under public law or special trusts under public law shall be solely the bus company’s principal place of business.
2. J u r i s d i c t i o n
a. If the customer is a business enterprise, a legal entity under public law or a special trust under public law, the bus company’s principal place of business shall be the only place where legal action may be brought against the bus company.
b. For customers that are business enterprises, the place of jurisdiction for all collection proceedings arising from any claims is the bus company’s principal place of business, pursuant to §§ 688 ff. of the German Code of Civil Procedure.
c. For legal action taken against the customer by the bus company, the customer’s place of business or residence shall be the place of jurisdiction, unless the action is brought against business enterprises or persons that have no general place of jurisdiction in Germany, persons who have transferred their residence or habitual residence abroad after conclusion of the contract, or persons whose residence or habitual residence is unknown at the time of legal action. In these cases, the principal place of business of the bus company shall be the place of jurisdiction.
§ 12 - Invalidity of individual provisions-
The invalidity of individual provisions of the contract, including these General Terms & Conditions for the charter of bus and coach transportation, does not result in invalidation of the contract as a whole.
§ 13 – Changes to the General Terms & Conditions –
Changes and additions to these General Terms & Conditions must be made in writing unless otherwise agreed.