TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF BUS AND COACH HIRE
§ 1 OFFER AND CONCLUSION OF CONTRACT
1. offers of the bus enterprise shall be subject to confirmation, unless otherwise agreed in writing.
2. the chartering party may place his order in writing, in electronic form or orally.
3. the contract shall be concluded with the written or electronic confirmation of the order by the bus enterprise, unless otherwise agreed. If the content of the confirmation differs from that of the order, the contract shall be concluded on the basis of the confirmation if the chartering party declares acceptance in writing or electronically within one week after receipt.
§ 2 CONTENT OF PERFORMANCE
1. the information in the confirmation of the order is decisive for the scope of the contractual services. § 1 paragraph 3 and § 3 remain unaffected.
2. the service comprises – within the scope specified in the confirmation of the order – the provision of a vehicle of the agreed type including driver and the performance of the transport; the application of the provisions on the contract for work and services is excluded.
3. the agreed service does not include in particular
a. the fulfillment of the purpose of the journey,
b. the supervision of passengers, in particular children, young people and persons in need of assistance,
c. the supervision of items left by the customer or one of his passengers in the passenger compartment of the vehicle,
d. the supervision of baggage during loading and unloading
e. Information on the foreign exchange, passport, visa, customs and health regulations applicable to passengers and compliance with the obligations arising from these regulations.
This does not apply if something else has been agreed.
§ 3 CHANGE IN PERFORMANCE
1. changes in services by the bus enterprise that become necessary after the conclusion of the contract shall be admissible, if the circumstances leading to the change in services have not been caused by the bus enterprise against good faith and as far as the changes are not substantial and reasonable for the chartering party The bus enterprise shall notify the chartering party of any changes immediately after having become aware of the reason for the change.
2. changes in services by the chartering party shall be possible with the consent of the bus enterprise and shall be declared by the chartering party in writing or electronically.
§ 4 PRICES AND PAYMENTS
1. the rental price agreed upon at the time of conclusion of the contract shall apply.
2 The agreed rental price includes the foreign motorway tolls. Not included are any tunnel fees, special tolls, entry fees to all cities, parking fees, accommodation and catering costs of the driver(s) or any other fees related to the journey, unless expressly agreed otherwise in writing.
3. additional costs incurred due to changes in services requested by the customer will be charged additionally. The agreed price applies for the confirmed period of absence. In the event of overdrafts, a surcharge of at least EUR 45,- per hour or part thereof will be invoiced.
4. the assertion of costs incurred by the bus company due to damage or contamination shall remain unaffected.
5. invoices shall be due for payment immediately upon receipt without deduction.
§ 5 PRICE INCREASE
The bus enterprise shall be entitled to demand a price increase of up to 10% of the contractually agreed price under the following conditions
1. the price increase shall only be permissible in the event of an increase in fuel costs, personnel costs as well as taxes and duties if and insofar as this increase affects the agreed rental price.
2. an increase in the rental price shall only be permissible if more than 4 months have elapsed between the conclusion of the contract and the contractually agreed commencement of the transport service and the circumstances leading to the increase had not yet occurred prior to the conclusion of the contract and were not foreseeable by the bus enterprise at the time of conclusion of the contract.
3. the bus enterprise shall inform the chartering party immediately after the reason for the increase has become known, assert the increase and prove the reason for the increase.
4. in case of a permissible increase exceeding 3% of the agreed basic rental price, the chartering party shall be entitled to withdraw from the contract without any payment obligations to the bus enterprise. The declaration of withdrawal shall not require any form and shall be declared to the bus enterprise immediately after receipt of the request for increase.
§ 6 WITHDRAWAL AND TERMINATION BY THE CUSTOMER
1. cancellation before departure
The customer may withdraw from the contract before the start of the journey. If he/she exercises this possibility, the bus enterprise shall be entitled to reasonable compensation instead of the claim to the agreed rental price, unless the withdrawal is due to circumstances for which the bus enterprise is responsible. The amount of such compensation shall be determined by the agreed rental price less the value, the expenses saved by the bus enterprise and any proceeds obtained from other uses of the vehicle. The bus enterprise shall be at liberty to lump-sum compensation claims as follows.
In case of withdrawal
a) Up to 30 days before the planned start of the trip: 10% cancellation fee
b) 29 – 15 days before the planned start of the trip: 30% cancellation fee
c) 14 – 7 days before the planned start of the trip: 50% cancellation fee
d) 6 – 2 days before the planned start of the trip: 80% cancellation fee
e) From 48 hours before the scheduled start of the trip: 90% cancellation fee
f) After the scheduled start of the trip: 100% cancellation fees
of the agreed rental price, if and insofar as the chartering party does not prove that no damage to the bus enterprise has occurred at all or that it is considerably lower than the lump sum. The claim for compensation shall not apply if the withdrawal is due to changes in the bus enterprise’s performance which are considerable and unreasonable for the chartering party. Further rights of the chartering party shall remain unaffected.
2. termination after commencement of the journey
a. If changes to the agreed services become necessary after the start of the journey, which are considerable and unreasonable for the customer, then he is entitled – without prejudice to further claims – to terminate the contract. In such cases the bus enterprise shall be obliged to return the customer and his passengers at his request, whereby the right to return transport shall only apply to the means of transport agreed in the contract. Should additional costs arise in connection with the return transport in case of a termination due to force majeure, these shall be borne by the chartering party.
b. Further claims of the chartering party shall be excluded if the necessary changes in services are based on circumstances for which the bus enterprise is not responsible.
c. If the chartering party terminates the contract, the bus enterprise shall be entitled to an appropriate remuneration for the services already rendered and those still to be rendered according to the contract, provided that the latter are still of interest to the chartering party despite the termination.
§ 7 WITHDRAWAL AND TERMINATION BY THE BUS ENTERPRISE
1. cancellation before departure
The bus enterprise shall be entitled to withdraw from the contract before the start of the journey if extraordinary circumstances beyond its control make it impossible to provide the service. In this case, the chartering party shall only be entitled to claim compensation for the necessary expenses incurred in direct connection with the vehicle order.
2 The bus enterprise shall be entitled to withdraw from the contract before the start of the journey if the chartering party has reminders and outstanding payments before the start of the journey.
3. termination after the start of the journey
a. The bus enterprise shall be entitled to terminate the contract after commencement of the journey if the provision of the service is prevented either by force majeure or by aggravation, endangerment or impairment of a considerable kind due to unforeseeable circumstances such as war or warlike events, hostilities, rebellion or civil war, arrest, confiscation or obstruction by state authorities or other persons, road blockades, quarantine measures, as well as strikes, lockouts or work stoppages for which the bus enterprise is not responsible, or if the performance of the service is considerably aggravated, endangered or impaired by the chartering party or a passenger. In case of termination due to force majeure or due to aggravation, endangerment or impairment of a considerable kind, the bus enterprise shall be obliged to transport the customer and his passengers back to the place of departure at the request of the customer, whereby a claim for return transport shall only exist for the means of transport agreed in the contract. The obligation to return transport shall not apply if and to the extent that the return transport of individual persons is unreasonable for the bus enterprise due to circumstances for which it is responsible. If additional costs for the return transport arise in case of termination due to force majeure, these shall be borne by the chartering party.
b. If the bus enterprise terminates the contract, it shall be entitled to an appropriate remuneration for the services already rendered and those still to be rendered according to the contract, provided that the latter are still of interest to the chartering party despite the termination.
§ 8 LIABILITY
1 The bus enterprise shall be liable within the scope of the duty of care of a prudent businessman for the proper performance of the transport.
2. the bus enterprise shall not be liable for service disruptions due to force majeure as well as aggravation, endangerment or impairment of a considerable kind due to unforeseeable circumstances such as war or warlike events, hostilities, rebellion or civil war, arrest, confiscation or obstruction by state authorities or other persons, road blockades, quarantine measures as well as strikes, lockouts or work stoppages for which the bus enterprise is not responsible.
3. the regulations concerning the return transport remain unaffected.
§ 9 LIMITATION OF LIABILITY
1. the liability of the bus enterprise in case of contractual claims shall be limited to 10 times the rental price (cf. § 4 above), provided that
a. the claim in case of injury to life, body or health of the chartering party or the passengers is not based on an intentional or negligent breach of duty by the bus enterprise itself or a legal representative or vicarious agent of the bus enterprise
b. the claim for other damages is not based on a grossly negligent breach of duty by the bus enterprise itself or a legal representative or vicarious agent of the bus enterprise.
2. § 23 PBefG shall remain unaffected. The liability for material damage shall thus be excluded if the damage exceeds 1,000.00 € for each person transported and is not based on intent or gross negligence.
§ 10 LUGGAGE AND OTHER THINGS
1. baggage in the normal scope and – after prior agreement other items – are carried along.
2. explosive, highly flammable, radioactive, foul-smelling or corrosive substances, as well as unpackaged or unprotected items which could injure passengers, are excluded from carriage
3. the customer is liable for damage of any kind caused by items carried by the customer or his passengers if the damage is due to circumstances for which he or his passengers are responsible.
$ 11 CONDUCT AND LIABILITY OF THE CUSTOMER AND PASSENGERS
1. The orderer is responsible for the behavior of his passengers during the transport The instructions of the on-board personnel must be followed. The chartering party shall also be liable for damage caused by his passengers to the vehicle or other property of the bus enterprise, if the damage was caused or contributed to by the breach of the chartering party’s own contractual or legal obligations and the chartering party does not prove that neither he nor his passengers are responsible for the damage. Other claims shall remain unaffected.
2) According to § 21 StVO (German road traffic regulations), mandatory seat belts must be worn during the journey. Seats may only be left for a short time. Every passenger is obliged to ensure a firm hold in the vehicle at all times, especially when leaving their seat for a short time.
3. Passengers who do not comply with justified instructions of the on-board staff despite warnings can be excluded from the transport if the disregard of instructions creates a danger to the safety or order of the operation or for the passengers or if for other reasons the further transport is unreasonable for the bus company. In such cases the customer shall not be entitled to return transport or to recourse claims against the bus enterprise.
4. Complaints shall first be addressed to the on-board staff and, if they cannot remedy the situation with reasonable effort, to the bus enterprise.
5. The chartering party shall be obliged to cooperate in the rectification of service disruptions within the scope of what is reasonable for him in order to avoid possible damages or to keep them as low as possible.
$ 12 PLACE OF JURISDICTION AND PLACE OF PERFORMANCE
1. place of performance
The place of performance in relation to merchants, legal entities under public law or special funds under public law shall be exclusively the seat of the bus enterprise.
2nd place of jurisdiction
a. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the seat of the bus enterprise.
b. If the chartering party does not have a general place of jurisdiction in Germany or if he/she moves his/her residence or usual place of abode abroad after conclusion of the contract or if his/her residence or usual place of abode is unknown at the time of filing of action, the place of jurisdiction shall also be the bus enterprise’s registered office.
3) The law of the Federal Republic of Germany shall apply to the contractual relationship.
§ 13 INEFFECTIVENESS OF INDIVIDUAL PROVISIONS
These travel conditions are protected by copyright; Bundesverband Deutscher Omnibusunternehmer e. V. and Prof. Dr. Holger Zuck, Stuttgart, 2008 [2011] is a tour operator:
Company Schröder Reisen, owner Andreas Schröder
Commercial register HRA 2714
Dieselstr. 1, 89129 Langenau
Fon 07345 / 919113
Fax 07345 / 919114
info@omnibus-schroeder.de