Terms & Conditions

This English version is provided for convenience only. The German version is the legally binding one.

General Terms and Conditions for the Hire of Coaches (Coach Hire Terms – “MOB”)

Prima Klima Reisen GmbH · As at: September 2026

Dear Customers,

The following terms and conditions govern the hire of coaches including driving staff from Prima Klima Reisen GmbH. They become part of the contract insofar as they have been validly incorporated.

Please read these terms and conditions before placing an order. We recommend that you inform your tour guide and your passengers about the provisions that concern them – in particular § 5 (Conduct during the journey) and § 14 (Liability of the Customer) – and that you carry these terms and conditions with you during the journey.

§ 1 Contracting parties, scope, legal basis

1.1 The Customer’s contracting party is Prima Klima Reisen GmbH, Ordensmeister Str. 40, 12099 Berlin (hereinafter “PKR”). The Customer is the party placing the order (hereinafter the “Customer”).

1.2 These terms and conditions apply to contracts for the provision of coaches including driving staff for consideration (occasional services by motor coach within the meaning of § 49 of the German Passenger Transport Act (Personenbeförderungsgesetz – PBefG)) and to services directly connected with such provision.

1.3 The contractual relationship is governed primarily by the agreements made in the individual case, in particular those on the vehicle, the route, the times and the price. These terms and conditions apply in addition and, for the rest, the provisions on the rental of movable property (§§ 535 et seq. of the German Civil Code (Bürgerliches Gesetzbuch – BGB)).

1.4 These terms and conditions apply to consumers (§ 13 BGB) in the same way as to entrepreneurs (§ 14 BGB). Provisions that apply exclusively to entrepreneurs are marked as such.

1.5 The following applies in addition, exclusively to entrepreneurs:

• a) These terms and conditions also apply to future contracts between the same Customer and PKR without their having to be incorporated again.
• b) The Customer’s own terms and conditions do not become part of the contract, even if PKR does not expressly object to them.
• c) PKR and the Customer agree, in accordance with § 651a (5) no. 3 BGB, that the provisions on package travel contracts (§§ 651a et seq. BGB) do not apply to travel services that the Customer acquires for business purposes. A business purpose is to be assumed where the invoice is issued to the Customer’s business.

1.6 PKR provides transport services only and does not act as a tour operator. Whether the Customer, by combining the carriage with further services towards its passengers, itself acquires the position of a tour operator or travel agent, and which obligations arise for it as a result, is for the Customer to examine on its own responsibility. PKR owes no advice in this respect.

1.7 Mandatory statutory provisions, in particular those of passenger transport law, trade law and road traffic law as well as of Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport, remain unaffected.

§ 2 Formation of the contract

2.1 The Customer may submit enquiries informally, in particular by telephone, by e-mail or via the enquiry form on PKR’s website.

2.2 Information provided by PKR about available vehicles, prices and conditions is without obligation unless it is expressly designated as a binding offer.

2.3 By placing an order, the Customer submits a binding offer to conclude a hire contract. The Customer is bound by this offer for seven working days unless otherwise agreed. For reasons of evidence, the order should be placed in text form.

2.4 The contract comes into existence when PKR’s order confirmation reaches the Customer. PKR issues the order confirmation in text form.

2.5 Where PKR submits an offer expressly designated as binding, the contract comes into existence – by way of derogation from clauses 2.3 and 2.4 – when the Customer accepts that offer unchanged and within the period stated. PKR is entitled, but not obliged, to treat late declarations of acceptance as valid; PKR will inform the Customer without undue delay if it does not do so.

2.6 For reasons of evidence, collateral agreements, amendments and supplements should be recorded in text form. The validity of individual oral agreements remains unaffected (§ 305b BGB).

2.7 Where a person places the order for a group, an association, an institution, a public authority or a company, the Customer is exclusively the respective legal entity, unless the order or the circumstances indicate otherwise. The person acting is liable for the obligations of the Customer only insofar as that person has expressly and separately assumed such liability or is answerable as a representative without power of representation pursuant to § 179 BGB.

2.8 For contracts concluded by distance communication for the hire of a coach for a specific date or period, there is no right of withdrawal pursuant to § 312g (2) no. 9 BGB. The Customer’s other statutory rights of cancellation and termination remain unaffected. Insofar as the Customer is entitled to a statutory right of withdrawal in an individual case, in particular for contracts concluded away from business premises, PKR will instruct the Customer about this separately and in the form prescribed by law.

§ 3 Scope of services

3.1 PKR owes the provision on hire of the agreed vehicle including the driving staff for the agreed hire period and the agreed included kilometres. A result of carriage owed under a contract for work is not owed unless this is expressly agreed.

3.2 Unless otherwise agreed, the agreed hire price includes: provision of the vehicle, fuel and operating materials, the driving staff to the agreed extent and the insurance prescribed by law.

3.3 Unless otherwise agreed, the hire price does not include: tolls and road user charges, parking, entry and stopping fees, ferry costs, charges for environmental and special zones as well as accommodation and meals for the driving staff on multi-day assignments. These costs are borne by the Customer. PKR informs the Customer about the nature and the expected amount of these costs before the contract is concluded.

3.4 The occasion and purpose of the journey form part of the basis of the contract only where this is expressly agreed. If a destination, an event or a scheduled visit is cancelled in whole or in part, this does not affect the existence of the contract; § 10 applies.

3.5 PKR’s performance obligation does not include the supervision of the passengers. In particular, PKR assumes no duty of supervision when carrying minors.

3.6 PKR does not owe the safekeeping of items left behind in the vehicle or set down during loading and unloading. Claims arising from breaches of duty by PKR or the driving staff with regard to parking and locking the vehicle and the luggage compartments properly, and claims arising from technical defects of the vehicle, remain unaffected.

3.7 The Customer informs PKR before the contract is concluded whether passengers with disabilities or reduced mobility will take part in the journey, and describes their assistance requirements. This information is to be supplemented in good time before the start of the journey. PKR provides assistance in accordance with Regulation (EU) No 181/2011 and with separate agreement. If a number of persons requiring assistance that is substantially higher than stated makes it necessary to use a different vehicle, additional staff or other special measures, an additional charge is payable for this.

3.8 For journeys abroad, the Customer is itself responsible for observing passport, visa, entry, currency and customs regulations and for obtaining the necessary documents. It instructs its passengers to carry the required papers. PKR owes no advice in this respect.

3.9 Without an express agreement, PKR is not obliged to take out insurance for the benefit of the Customer or its passengers beyond the insurance prescribed by law, or to point out such insurance. This applies in particular to travel cancellation, trip curtailment and repatriation insurance.

3.10 The allocation of particular seats is a matter for the Customer. The driving staff is, however, entitled to allocate seats differently where this is necessary to comply with statutory obligations or for safety reasons.

§ 4 Scheduling, driving and rest periods, time-critical journeys

4.1 PKR plans the assignment taking into account the routing, the expected traffic and weather conditions and the mandatory provisions on driving, working and rest periods (in particular Regulation (EC) No 561/2006 and the law governing driving personnel). These provisions cannot be waived; the driving staff must not follow instructions that conflict with them.

4.2 The Customer communicates the route, the stops and waiting times and the intended schedule in full before the contract is concluded. If it has knowledge of particularities of the route, the destination or the event – such as access restrictions, stopping bans or waiting times that experience shows to be long – it communicates these in good time.

4.3 Where the assignment serves to reach a destination at a fixed time, PKR is liable for timely arrival only insofar as PKR has breached a contractual or statutory duty. Delays caused by the traffic situation, the weather, official measures or comparable circumstances for which PKR is not responsible do not give rise to any claim by the Customer.

4.4 If the hire period is extended for reasons attributable to the Customer’s sphere of responsibility, § 7.2 applies. If such an extension means that the prescribed driving and rest periods cannot be observed, PKR is entitled and obliged to interrupt or to end the journey. Any additional costs arising from this, in particular for replacement staff or overnight accommodation, are borne by the Customer.

4.5 If PKR takes special measures on the instructions of, or in agreement with, the Customer in order to avoid or remedy delays, the Customer reimburses the expenses necessary for this.

§ 5 Conduct during the journey, exclusion from carriage

5.1 The Customer bears responsibility for the conduct of its passengers, tour guides and other agents during the carriage.

5.2 The instructions of the driving staff are to be followed insofar as they serve to comply with statutory provisions in Germany and abroad, to ensure safety and the proper conduct of the journey, or to avoid unreasonable impairment of the driving staff or the passengers.

5.3 Prescribed seat belts are to be worn during the journey (§ 21a of the German Road Traffic Regulations (StVO)). Seats may be left only briefly; a secure hold is to be sought at all times when doing so. The Customer ensures, by informing its passengers and instructing its tour guide, that these provisions are observed.

5.4 Smoking – including the use of electronic cigarettes – is prohibited in the vehicle, as are open fire and the consumption of narcotics. The consumption of alcoholic beverages requires PKR’s prior consent.

5.5 Dangerous substances and objects may not be carried. Bulky luggage, musical instruments, sports equipment, wheelchairs and comparable items are to be registered before the contract is concluded; their carriage is subject to the capacity available.

5.6 Passengers who do not comply with legitimate instructions despite being warned may be excluded from carriage where, as a result,

• a) statutory provisions in Germany or abroad are infringed,
• b) safety regulations are breached or the safety of the occupants or of third parties is objectively endangered,
• c) the proper conduct of the journey is significantly impeded or endangered, or
• d) other passengers are significantly and unreasonably impaired.

5.7 In the event of a justified exclusion, there are no claims against PKR for return carriage, price reduction or damages. Before an exclusion, the driving staff examines whether less severe measures – such as a different seat allocation – are sufficient.

§ 6 Changes to the service and to the vehicle used

6.1 PKR is entitled to use a vehicle other than the one provided for in the contract where this becomes necessary after the contract has been concluded and has not been brought about by PKR in bad faith. The replacement vehicle must be equivalent in capacity and equipment and must not impair the purpose of the contract.

6.2 PKR informs the Customer without undue delay about material changes to the service as soon as PKR becomes aware of them.

6.3 In the event of a significant change to a material contractual service, the Customer may cancel the contract free of charge. It must assert this right without undue delay after receipt of the notification. Warranty claims for defective performance remain unaffected.

6.4 If use of the vehicle provided for is impossible for reasons outside PKR’s sphere of risk – for example due to unavoidable extraordinary circumstances, storm damage, theft, vandalism or a road traffic accident for which PKR is not responsible – clause 6.1 applies accordingly. If an equivalent replacement vehicle is also unavailable, § 11.3 applies.

6.5 Requests for changes made by the Customer after the contract has been concluded require PKR’s consent. Any additional costs arising from this are borne by the Customer. If PKR consents to a reduction of capacity, route or hire period, PKR is entitled to use a correspondingly adjusted vehicle; this does not reduce the agreed hire price unless otherwise agreed.

§ 7 Hire price, additional services

7.1 The hire price agreed when the contract was concluded applies. Towards consumers, the prices stated are final prices including statutory VAT. Towards entrepreneurs, the prices are understood to be exclusive of VAT at the applicable rate, unless stated otherwise.

7.2 The hire price relates to the agreed hire period and the agreed included kilometres. PKR charges for any excess at the rates for additional kilometres and for each commenced hour of extension of the hire period as set out in the order confirmation.

7.3 Additional costs resulting from changes to the service requested by the Customer, as well as the costs named in § 3.3, are charged separately.

§ 8 Terms of payment

8.1 Invoices are due for payment without deduction within the period stated in the order confirmation.

8.2 Whether a down payment is to be made, in what amount and by what date, and when the balance falls due, are set out in the order confirmation.

8.3 Payments are made by bank transfer. Other methods of payment require prior agreement. Whether payment is timely depends on the credit entry in PKR’s account. Transfers are to be made free of costs and charges for PKR.

8.4 In the event of default in payment, the statutory default interest applies. If the Customer fails to pay despite a reminder setting a reasonable deadline, PKR is entitled to cancel the contract and to charge the Customer the costs under § 10, provided that PKR is willing and able to perform and the Customer has no right of retention.

8.5 The Customer may set off its counterclaims only if they are undisputed or have been finally determined by a court. It is entitled to a right of retention only insofar as that right is based on the same contractual relationship.

§ 9 Price adjustment

9.1 PKR is entitled to increase the agreed hire price by up to 10 per cent if, after the contract has been concluded, the costs of fuel, tolls, staff or the taxes and duties attributable to the service increase and this increase has a direct effect on the agreed hire price.

9.2 An increase is permissible only if more than four months lie between the conclusion of the contract and the agreed start of the hire period and the circumstances leading to the increase had neither occurred nor been foreseeable for PKR when the contract was concluded.

9.3 PKR informs the Customer in text form without undue delay after becoming aware of the reason for the increase, asserts the increase and provides evidence of the reason for the increase and of its effect on the price.

9.4 If the costs named in clause 9.1 decrease after the contract has been concluded, PKR passes the reduction on to the Customer on the same basis. The Customer may demand reimbursement of the difference.

9.5 If a permissible increase exceeds 3 per cent of the agreed hire price, the Customer may cancel the contract without any obligation to pay. The cancellation is to be declared without undue delay after receipt of the request for an increase; a declaration in text form is recommended.

§ 10 Cancellation by the Customer, cancellation fees

10.1 The Customer may cancel the contract at any time before the start of the hire period. Customers who are merchants or legal persons under private or public law must declare the cancellation in text form. All other Customers are strongly advised to declare it in text form. Decisive for the time of the cancellation is the receipt of the declaration by PKR; where it is sent by e-mail to office@primaklimareisen.de, it is deemed received when it arrives in that mailbox.

10.2 In the event of a cancellation, PKR may demand compensation. No compensation is charged for a cancellation up to the 11th day before the start of the hire period. Otherwise, PKR calculates the compensation as a lump sum as follows, in each case based on the agreed hire price excluding the costs named in § 3.3:

• from the 10th to the 6th day before the start of the hire period: 40 %
• from the 5th day up to 36 hours before the start of the hire period: 60 %
• less than 36 hours before the start of the hire period and in the event of no-show: 90 %

10.3 The Customer reserves the right to prove that PKR suffered no loss, or a substantially lower loss, than the respective lump sum indicates. In that case it owes only the lower amount. PKR reserves the right to prove that a higher loss was incurred; in that case PKR must quantify and substantiate the amount claimed.

10.4 Within the scope of ordinary business operations and without being obliged to make special efforts, PKR endeavours to put the vehicle that has become available to other use. PKR credits income from any other use and expenses saved against the compensation.

10.5 Third-party costs already incurred and non-refundable up to the receipt of the cancellation – such as ferry, permit or reservation fees – are charged by PKR in addition and are evidenced by PKR.

10.6 PKR has no claim under this clause if, at the time of the cancellation, PKR was not willing or not able to perform, if the non-use is due to a circumstance for which PKR is responsible, or if the cancellation is attributable to PKR having made or announced a significant change to the service that is unreasonable for the Customer.

10.7 A reduction in the number of participants does not affect the agreed hire price unless the use of a smaller vehicle at an adjusted price is expressly agreed.

10.8 Different cancellation conditions may be agreed for individual journeys. Such an agreement is set out separately in the quote and in the order confirmation and takes precedence over this clause.

§ 11 Cancellation and termination by PKR

11.1 PKR may cancel the contract before the start of the hire period or terminate the contract after the start of the hire period where

• a) the Customer, despite a warning, breaches contractual or statutory obligations to a significant extent, or such breaches of duty are objectively to be expected, and PKR cannot reasonably be expected to adhere to the contract even taking the Customer’s interests into account,
• b) the Customer, its agents or its passengers breach safety or health regulations or otherwise objectively endanger the safety of the vehicle, the driving staff, the occupants or third parties, or
• c) the Customer is in default with a payment due under § 8.4.

11.2 In the cases covered by clause 11.1, PKR retains the claim to the agreed remuneration; § 10.3 and § 10.4 apply accordingly.

11.3 If the performance of the service is significantly impeded, endangered or rendered impossible by force majeure or by unavoidable, extraordinary circumstances – for example by war or warlike events, civil unrest, sovereign measures, road closures, natural disasters, epidemics or industrial action for which PKR is not responsible – either contracting party may terminate the contract.

11.4 In the event of a termination pursuant to clause 11.3, PKR’s claim to the agreed remuneration lapses; PKR is, however, entitled to reasonable compensation for services already rendered. Cancellation fees under § 10 are not charged. Payments already made are refunded without undue delay insofar as they exceed the claim to compensation.

11.5 If PKR terminates after the start of the hire period for the reasons set out in clause 11.3, PKR carries the passengers back at the Customer’s request, insofar as this is possible and reasonable. There is a claim only to return carriage by coach. Additional costs of the return carriage are borne equally by PKR and the Customer. Other additional costs, in particular for meals and accommodation of the passengers, are borne by the Customer.

§ 12 Official requirements

12.1 PKR provides the services in accordance with the official requirements applicable at the time of performance, in particular those of passenger transport law, road traffic law and infection protection law. The Customer informs its passengers about the applicable requirements and works towards compliance with them.

12.2 If the permissible carrying capacity is restricted by official requirements after the contract has been concluded, PKR offers the Customer an adjusted performance, in particular the use of an additional vehicle against reimbursement of the additional costs or the carriage of a reduced number of persons. If no agreement is reached, the rights of the parties are governed by § 11.3 and § 11.4. Statutory rights of both parties remain unaffected.

§ 13 Liability of PKR

13.1 PKR is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for the fraudulent concealment of a defect, where a guarantee has been assumed, under the German Product Liability Act (Produkthaftungsgesetz) and under the mandatory liability provisions of road traffic and passenger transport law.

13.2 In the event of a slightly negligent breach of a material contractual obligation, PKR is liable for the foreseeable loss typical of this type of contract. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.

13.3 In all other respects, PKR’s liability is excluded.

13.4 The above limitations of liability also apply in favour of PKR’s legal representatives, employees and vicarious agents.

13.5 The statutory limitation of liability under § 23 PBefG applies to damage to items carried. We recommend not leaving valuables, cash, identity documents, jewellery or electronic devices in the vehicle, but carrying them on your person.

§ 14 Liability of the Customer, soiling and damage

14.1 The Customer is liable for damage to property and financial loss suffered by PKR that is caused by the Customer, its tour guide, its agents or its passengers, insofar as the breach of one of the Customer’s own contractual or statutory obligations has caused or contributed to the damage and the Customer does not prove that neither it nor the persons named are responsible for the damage.

14.2 If soiling of the vehicle goes beyond the extent usual in intended use, the Customer reimburses the reasonable costs actually incurred for special cleaning. PKR provides evidence of these costs.

14.3 If the vehicle cannot be used as a result of damage or soiling for which the Customer is responsible, the Customer reimburses the loss of use demonstrably incurred as a result. The Customer reserves the right to prove that the loss was lower.

§ 15 Notification of defects, remedy, cooperation

15.1 Complaints about the conduct of the journey, the vehicle used or the conduct of the driving staff are to be notified without undue delay to the driving staff or to PKR’s dispatch team. The dispatch team can be reached by telephone on +49 (0)30 68 40 98 40 and at office@primaklimareisen.de. While an assignment is in progress, you can reach us around the clock on +49 (0)172 98 09 260.

15.2 The driving staff is entitled and required to remedy justified complaints. A remedy may be refused if it is impossible or requires disproportionate effort; in that case the rights of the Customer remain unaffected.

15.3 The Customer cooperates, as far as can reasonably be expected, in remedying failures in performance and instructs its tour guide accordingly. If the Customer culpably fails to give notice, it cannot assert claims to the extent that the failure to give notice deprived PKR of the opportunity to provide a remedy.

§ 16 Limitation periods

16.1 Claims for injury to life, body or health and claims based on intent or gross negligence become time-barred in accordance with the statutory provisions. The same applies to claims under the Product Liability Act.

16.2 All other contractual claims of the Customer become time-barred within one year. The limitation period begins at the end of the year in which the claim arose and the Customer became aware of the circumstances giving rise to the claim and of the identity of the debtor, or should have become aware of them without gross negligence.

16.3 If negotiations about the claim are pending between the parties, the limitation period is suspended until one party refuses to continue the negotiations. The limitation period expires at the earliest three months after the end of the suspension.

16.4 Mandatory statutory provisions on limitation periods, in particular those arising from liability under the German Road Traffic Act (Straßenverkehrsgesetz) and the Passenger Transport Act, remain unaffected.

§ 17 Data protection

17.1 PKR processes personal data of the Customer and of the passengers exclusively within the framework of the statutory provisions, in particular the General Data Protection Regulation. Details of the purposes, legal bases, storage periods and data subject rights are set out in the Privacy Policy.

17.2 Where the Customer transfers personal data of its passengers to PKR, it ensures that it is entitled to do so and that the passengers have been informed in the required manner.

§ 18 Consumer dispute resolution

18.1 PKR is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz)).

18.2 Should participation in dispute resolution proceedings become mandatory for PKR in the future, PKR will inform consumers about this in an appropriate form.

§ 19 Choice of law, place of jurisdiction, final provisions

19.1 The contractual relationship is governed exclusively by German law. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

19.2 If the Customer is a merchant, a legal person under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction for all disputes arising from this contractual relationship. Towards consumers, the statutory places of jurisdiction apply. If the Customer relocates its domicile or place of business outside the territory of the Federal Republic of Germany after the contract has been concluded, or if its domicile is unknown at the time the action is brought, the place of jurisdiction is PKR’s registered office.

19.3 Should individual provisions of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of invalid or unenforceable provisions.

Provider

Prima Klima Reisen GmbH
Ordensmeister Str. 40, 12099 Berlin
Telephone: +49 (0)30 68 40 98 40
E-mail: office@primaklimareisen.de

Register court: Amtsgericht Charlottenburg, HRB 19350 · VAT ID: DE 136639426
Managing directors: Christian Löw & Michael Zink

As at: September 2026