General Terms and Conditions for Carriage with Hire Coaches
1. Conclusion of the contract
Quotations are subject to change and are non-binding. Contracts only become binding on acceptance of our quotation and on being confirmed by us. The Customer must accept the quotation in writing. The Company is free to choice the form of confirmation.
2. Scope of services
The confirmation / contract from us (Clause 1) is decisive for the scope of the contractual services. We merely act as an agent for services rendered by other service providers.
3. Changes to services
a) Changes by the Company, third parties or force majeure
Changes to individual travel services that deviate from the confirmation, and which become necessary following conclusion of the contract and are not due to actions by the Company involving a breach of good faith, are permissible. The Company is also entitled to commission other companies with the implementation.
b) Changes requested by the Customer
Changes requested by the Customer after commencing the journey (e.g. in terms of the route and duration) are only permitted after consultation with the bus operations support staff and if they accord with the legal and operational requirements. The driver or the bus operations support staff shall decide whether this is the case. The request to make the change shall be confirmed by the Customer in writing.
a) Quotations shall be drawn up in accordance with the customer’s specifications. The services determined on concluding the journey shall be decisive for the calculation. The calculation is based on the duration for which the coach is provided, its size and fixtures, the total number of kilometres driven, including all diversions for which we are not responsible, and all shuttle journeys. All ancillary costs, including road charges (tolls), visas, ferries, parking, telephone calls, travel guides and their procurement, shall be paid for buy the Customer and are not included in the travel costs. This also applies to costs that accrue as a result of passengers unduly dirtying or damaging the coach.
b) The prices agreed on conclusion of the contract are binding.
c) If the scope of agreed services increases, for example as a result of changes in accordance with Clause 3 b, the additional costs shall be borne by the customer.
5. Payment conditions
50% shall be paid on making the booking; the rest shall be paid 10 days prior to the departure date provided that no other payment conditions have been agreed in writing.
6. Withdrawal and cancellation by the Customer
a) Should the Customer withdraw from the contract before the date of departure, this does not affect the Company’s right to the agreed reimbursement. The Company will, however, deduct any expenses that are not accrued. Instead of the agreed reimbursement, the Company may charge a lump sum for withdrawing from the contract. This amounts to 10% up to 22 days before the departure date, 25% from the 21nd to the 7th day before departure, 40% from the 6th day before departure, 80% if the Customer cancels less than 48 hours before departure and 100% of the agreed remuneration if the Customer cancels 1 day before or on the day of departure.
b) The Customer is entitled to cancel the contract after commencing the journey if exceptional circumstances occur during the course of the journey that make it impossible for the service to be rendered. If the Customer cancels the contract, the Company can, depending on the circumstances, claim appropriate remuneration for the services already rendered or still to be rendered on completing the journey. The obligation of the Company to return the Customer applies in accordance with Clause 7 b.
c) The Company reserves the right to assert claims for further costs. These include, for example, cancellation fees for ferry journeys or hotel services.
d) In the event of any disruptions to services, the Customer shall undertake to do everything reasonably possible to help remedy the disruption and reduce any resulting damages to a minimum. In particular, the Customer is obliged to notify the Company of any complaints without delay. This will provide help as far as is possible. The entitlement to a reduction in costs does not apply if the Customer culpably fails to report a fault. If, through no fault of its own, a coach is late arriving at the point of departure, this delay shall be accepted by the Customer. This does not entitle the Customer to withdraw from the contract or claim damages.
7. Withdrawal and cancellation by the Company
The Company may withdraw from the contract before commencing the journey or cancel the contract after commencing the journey in the following cases:
a) If exceptional circumstances occur beyond the control of the Company that prevent it from rendering its services.
b) Should the cancellation occur after commencing the journey, the Company is obliged to return the Customer unless the very reasons that have led to the cancellation make it impossible for the Company to return the Customer.
Expenses that the Company has saved as a result of services not being rendered shall be refunded to the Customer. Additional costs shall be borne by the Customer. This also applies if, as a result of the aforementioned reasons, changes to the services are necessary.
8. Conduct of passengers
a) When using the vehicles, passengers should conduct themselves in a manner conducive to ensuring the safety and security of the operational service as well as their own safety, and should show due consideration to the needs of other passengers. Instructions from the coach personnel must be complied with.
b) In particular, passengers are not permitted to talk to the driver when the coach is moving, to open the doors themselves, to throw or hang objects out of the vehicle, to hinder movement in gangways and at entry and exist points by blocking them with objects, to smoke in vehicles that are not specifically indicated as permitting this, and to use sound reproduction devices, radio broadcast receivers or cellular phones.
c) Costs shall be charged for any soiling or damage caused to the vehicle in an amount commensurate with the actual expenses incurred, at least however EUR 50.00.
Further claims, in particular cancellation expenses in the event that the vehicle cannot be used, remain unaffected thereof.
d) Complaints should not be addressed to the driver but to the Company.
e) Passengers are only permitted to consume their own drinks and food in the coach if the Company has agreed to this.
9. Conduct during the journey
Passengers are asked to comply with the instructions given by the coach personnel. Persons who fail to comply with instructions shall be liable for any costs that accrue and can be refused carriage.
They are not entitled to any reimbursement of the travel costs. When getting in and out of their seats, particularly near external doors, all passengers should ensure that they keep a firm hold so that they do not harm themselves or cause harm to others as a result of the unavoidable rocking and jarring movements that occur during transportation.
If safety belts are available, these should be worn. Passengers are responsible for any harm or damage caused through their failure to observe these safety measures. The provisions of the German Passenger Transport Act (BO-Kraft) also apply. It is not permitted to stand in the gangway.
10. Persons refused carriage
a) Persons who endanger the safety and security of the operational service or other passengers shall be refused carriage. If theses conditions are met, these include in particular persons under the influence of alcohol or drugs, persons with nauseating or infectious diseases and persons with loaded weapons unless they are legally entitled to carry such weapons.
b) Non-school age children under the age of 6 can be refused carriage if they are not accompanied on the entire journey by persons who are at least aged 6; the provisions of paragraph a) remain unaffected thereof.
Although we will endeavour to provide booked coaches punctually and to maintain planned itineraries, we cannot guarantee this.
The driver must observe legal provisions such as the StVO, StVZO, BO-Kraft, EU- social provisions and labour regulations. The Customer is therefore not entitled to issue instructions to the driver that do not ensure compliance with these provisions. An obligation to provide carriage only exists if the carriage conditions are met, if the carriage is possible and is not prevented by circumstances for which we are not responsible. The Company is not liable for damages to passengers for deviations from routes, operational faults and operational interruptions of any kind for which we are not responsible. If it is not possible to comply with a contract for reasons of force majeure, we will endeavour to find an equivalent replacement or return the passengers as cheaply as possible. Any further claims shall be excluded.
12. Liability of the Company
The Company shall be liable, within the scope of the due diligence exercised by a prudent businessman, for the proper provision of the services confirmed in accordance with Clause 2. For carriage with our coaches, we are liable within the framework of the statutory provisions for damage to a maximum of EUR 500.00. We are not liable for damage that is caused through the fault of a passenger or when loading luggage.
13. Limitation of liability
a) The Company’s total liability towards the Customer is limited to the amount of the price agreed under Clause 4:
1. provided that the damage has not been caused to the Passenger through intent or gross negligence or
2. to the extent that the Company is responsible for damage caused to the Passenger only through the fault of a service provider.
Claims for damages are excluded, however, it damage to the Customer was solely due to minor negligence or was caused by the unauthorised actions of a service provider in fulfilling the contract. Section 8 a, para. 2, sentence 1 StVG (German Road Traffic Act) remains unaffected thereof.
b) The Company’s liability is excluded or limited to the extent that on the basis of statutory regulations to be applied to services rendered by a service provider, the liability of the service provider is also excluded or limited.
c) The Company shall not be liable for defaults in performance within the context of services that have been solely arranged as third-party services.
14. Exclusion of liability and limitation of actions
The Customer must assert claims in writing for non-fulfilment of services or failure to render services in accordance with the contract within one month of the contractually stipulated completion of the journey. Once this deadline has expired, the Customer can only assert claims if the Customer has been prevented from adhering with this deadline through no fault of his/her own. All claims arising from the contract are subject to a limitation period of 6 months; other claims are time-barred 2 years after completion of the journey. If the Company initially informs the Customer that the stated complaints and claims are being investigated, the limitation of action is suspended from this point in time until the Company has informed the Customer of the results of its investigations and has announced its decision in regard to these claims.
15. Passport, visa , customs, currency exchange and health regulations
The passengers are responsible for knowing about and observing passport, visa, customs, currency exchange and health regulations. All disadvantages arising from failure to comply with these regulations, even if these regulations were changed after concluding the contract, shall be borne by the respective passengers.
16. Carriage of baggage
a) There is no entitlement to have baggage transported. Hand luggage and other items will only be transported if the Passenger also travels, if the safety and security of the operational service is not endangered and if other passengers are not inconvenienced.
b) It is not permitted to transport dangerous substances and items.
c) Passengers shall stow and look after items carried with them so that they do not endanger the safety and security of the operational service and other passengers cannot be inconvenienced.
d) The transport personnel shall decide in individual cases whether to allow specific items to be transported and where they shall be stored.
17. Carriage of animals
a) 16 a), c) and d) also apply to the carriage of animals. The Company must be informed in advance.
b) It is only permitted to bring dogs if they are supervised by a suitable person. Dogs that could harm other passengers must wear a muzzle.
c) Guide dogs accompanying blind persons are always permitted.
d) Animals are not permitted to sit on seats.
e) Passengers accompanying animals are responsible for complying with statutory regulations, in particular with respect to cross-border traffic.
These Carriage and Business Terms are accepted on making a booking.
Deviations must be made in writing. The place of jurisdiction for all difficulties arising from the contract of carriage is determined by the location of the Company.
19. Invalidity of individual provisions
The invalidity of individual provisions of this contract does not affect the validity of the overall contract.
Last updated: January 2009
General Terms and Conditions for Carriage with Hire Coaches