GENERAL CONDITIONS OF RENTAL OMNIBUS TRANSPORTATION

§ 1 Offer and contract conclusion

Offers of the bus enterprise shall be subject to alterations unless otherwise agreed in writing.
The customer shall be entitled to place his/her order in writing, electronically or orally.
The contract shall be reached once a written or electronic confirmation of the order of the bus enterprise has been issued, unless otherwise agreed. In case the content of the confirmation differs from the order, the contract shall be reached on the basis of the confirmation if the customer declares acceptance within one week of the confirmation issue date.

§ 2 Description of Services

Details specified in the confirmation of the order shall be decisive for the scope of the contractual Services. § l paragr. 3 and § 3 shall not be affected.
Within the stipulated framework of the confirmed order, the service shall encompass the supply of the type of vehicle specified, including a driver and the implementation of the transportation; the application of the regulations to the contract for work shall be excluded.
The contractual Services shall not include:
1. the purpose appointed to fulfil the course of the journey,
2. the responsibility fo passengers, especially children, adolescents and people requiring special assistance,
3. the responsibility for property left by the customer or by one of the passengers in the vehicle's passenger area,
4. the responsibility for luggage during loading and unloading,
5. information about relevant regulations applying to all passengers, insofar as they are included in foreign exchange, passport, visa, customs clearance and health regulations and the adhesion to obligations arising from those regulations. The above shall not apply if otherwise agreed.

§ 3 Service alterations

Service alterations on the part of the bus enterprise which become necessary alter the conclusion of the contract shall be permittcd if the conditions causing the modifications do not represent a breach of faith by the bus enterprise and insofar as the alterations are not considerable and reasonable for the customer. The bus enterprise shall forthwith inform the customer about any service alterations as soon as the reason for the alterations is known.
Service alterations by the customer shall be possible with the bus enterprise's approval. They shall be electronically or in writing, unless otherwise agreed.

§ 4 Prices and Payment

The rental price agreed upon contract conclusion shall be applied.
All additional expenses (e.g. road tolls and parking fees, expenses for overnight stays for the driver/s) shall be included in the rental price, unless othervise agreed.
Extra costs due to service alterations requested by the customer shall be charged additionally.
Claims for costs arising from damage or dirtying shall not be affected.
Any invoice shall be immediately due for payment without discounts.

§ 5 Withdrawal from contract and termination of the customer

Withdrawal from contract
The customner shall be entitled to withdraw from the contract prior to the start of the journey. In case the customer should do so, and unless the withdrawal is not due to circumstances the bus enterprise is responsible for, the bus enterprise shall reserve the right to claim a fair and reasonable compensation in lieu of the agreed rental price. The amount shall be determined by the stipulated rental price less the value arising from services not rendered by the bus enterprise and by the gain of the possible use of the vehicle for other journeys.
The bus enterprise shall reserve the right to set down claims for compensation according to the following basic guidelines: In case of withdrawal from contract
1. up to 30 days prior to the planned start of the journey 10%
2. up to 20 to 11 days prior to the planned start of the joumey 25%
3. up to 10 days prior to the planned start of the journey 50%
if and insofar as the customer cannot prove that no damage was caused to the bus enterprise or that it was considerably lower than the basic guidelines. The right to damn for compensation shall not apply if the withdrawal can be put down to service alterations on the part of the bus enterprise which are relevant and unacceptable to the customer. Any further rights of the customer shall remain unaffected.
Termination of contract
1. Should the case arise that alterations to agreed services become necessary after the start of the journey which are considerable and unacceptable to the customer, he/she shall undertake to terminate the contract without incurring any further charges. In such cases the bus enterprise shall be obligated to transport the customer and the passenger back if so requested, whereas claims for transportation back shall only be made for the vehicle stipulated in the contract. If extra costs arise with the termination of the contract due to an act of God regarding transportation back, they shall be borne by the customer.
2. Any further claims made by the customer shall be excluded if the necessary service alterations are due to circumstances for which the bus enterprise has no responsibility.
3. In the event that the customer terminates the contract, the bus enterprise shall be entitled to receive compensation proportionale to the Services already rendered and even for Services that are yet to be rendered within the terms of the contract, provided ttat these may be in the interest of the customer despite the termination of contract.

§ 6 Withdrawal from contract and termination of the bus enterprise

Withdrawal from contract
The bus enterprise shall be entitled to withdraw from the contract prior to the start of the journey if exceptional circumstances for which it is not responsible render the provision of the agreed services impossible. In this case, the customer shall be entitled solely to claim compensation for the necessary expenditure directly connected with the order of the vehicle.
Termination of contract
1. The bus enterprise shall be entitled to terminate the contract after the start of the journey if the services to be rendered are either considerably hindered, endangered or impaired; in the case of contract termination due to an act of God or considerable hindrance, endangerment or incapacitation due to unforeseen circumstances like, e.g, war or warlike conditions, hostilities, insurgency or civil war, detention, confiscation or obstruction by state bodies or other persons, road blockades, quarantine measures as well as strikes for which the company is not responsible, lockouts or walkouts. In case of termination due to an act of God or due to considerable hindrance, endangerment or incapacitation, the bus enterprise shall be obligated to transport the customer and his/her passengers back at the customer's request, whereas claims for the transportation back shall only apply to the vehicle stipulated in the contract. If extra costs arise with the termination of the contract due to an act of God regarding the transportation back, they shall be borne by the customer.
2. In case the bus enterprise terminates the contract, it shall be entitled to receive compensation proportionate to the services already rendered and even for services that are yet to be rendered within the terms of the contract, provided that these may be in the interest of the customer despite the termination of contract.

§ 7 Liability

The bus enterprise shall be held liable within the framework of the due care and diligence of a prudent businessman for duly implementing transportation.
The bus enterprise shall not be held liable for any service disruptions due to an act of God as well as considerable hindrance, endangerment or incapacitation due to unforseen circumstances such as war or warlike conditions, hostilities, insurgency or civil war, detention, confiscation or obstruction by state bodies or other persons, road blockades, quarantine measures, as well as strikes for which the company is not responsible, lockouts or walkouts.
Regulations applicable to transportation back shall remain unaffected.

§ 8 Limitations of liability

The bus enterprise's liability concerning contractual claims for damages due to damage to property shall be limited to the triple rental price (cf. above § 4), whereby the liability to each individual passenger shall be limited to the proportionate division of the triple rental price. If damages are claimed for unlawful acts, the liability shall amount up to € 4,000 per entitled passenger in case of damage to property. If the portion per individual passenger exceeds the triple rental price of this sum, the liability shall be limited to the portion per individual person of the triple rental price.
§ 23 PBefG (law on the transportation of persons) shall remain unaffected, liability forr damage to property shall therefore be excluded insofar as the damage exceeds € 1,000.00 per passenger.
The cited limitations in paragraphs l and 2 shall be invalid if the appraised damage can be referred to intention and gross negligance.
The bus enterprise shall not be held liable for damages, insofar as they are solely due to culpable action on the part of the customer or one of his/her passengers.
The customer shall release the bus enterprise and all persons involved of all claims arising from the contract services pertaining to the items defined in § 2 paragr. 3 subparagr. a.-e.

§ 9 Luggage and other property

Luggage of ordinary size or - on request - other property can be transported with the passengers.
The customcr shall be liable for any damage to property brought by the customer or his/her passengers if it is the result of conditions for which the customer or his/her passengers are responsible.

§ 10 Customer's and passengers' behaviour

The customer shall hold responsibility for the passengers' behaviour during the transportation, instructions of the bus staff shall be followed.
Passengers disregarding justified instructions despite warnings of the bus staff, can be excluded from transportation if the disregard of the instructions poses a risk to the security or the order of the journey or to fellow passengers or for any other reasons rendering further transportation unacceptable to the bus enterprise. Contribution claims on the part of the customer for the bus enterprise shall not apply in those cases.
Complaints shall at first be made to the bus staff and if they cannot be satisfactorily solved, then be addressed to the bus enterprise. The customer shall be obligated to solve service disturbances within the framework of his/her acceptance in order to avoid possible damage or so as to keep the same as minimal as possible.

§ 11 Place of jurisdiction and fulfilment

Place of fulfilment
Exclusive place of fulfilment with merchants, legal persons under public law or special assets under public law shall be the seat of the bus enterprise.
Place of jurisdiction
1. If the customer is a merchant, legal person under public law or special asset under public law, the place of jurisdiction shall be the seat of the bus enterprise.
2. If after having reached the contract, the customer has no general place of jurisdiction within the Federal Republic of Germany or if he/she relocates his/her place of residence outside of Germany or is no longer known at his/her usual place of residence at the institution of the proceedings, the place of jurisdiction shall also be the seat of the bus enterprise. The implementation of the contractual agreement shall underly the laws of the Federal Republic of Germany.

§ 12 Ineffectiveness of individual regulations

Should any part of the contract prove to be inoperative, including the present general conditions regarding rental bus transportation, this shall in no way entail the inoperativeness of the contract as a whole.

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