GENERAL TERMS AND CONDITIONS FOR RENTAL BUS TRANSPORT
Terms of Service
Brettschneider GmbH & Co. KG, Georg-Knorr-Str. 20, 85662 Hohenbrunn
§ 1 OFFER AND CONCLUSION OF CONTRACT
1. Unless otherwise agreed in writing, offers from the bus company are non-binding.
2. The customer can place his order in writing, in electronic form or verbally. The contract is concluded with the written or electronic confirmation of the order by the bus company, unless otherwise agreed. If the content of the confirmation differs from that of the order, the contract is concluded on the basis of the confirmation if the customer declares acceptance within one week of receipt or if the order is carried out in accordance with the confirmation without objection from the customer.
§ 2 CONTENT OF SERVICES
1. The information in the confirmation of the order is decisive for the scope of the contractual services. § 1 paragraph 2 and § 3 remain unaffected.
2. The service includes, within the framework specified by the confirmation of the order, the provision of a vehicle of the agreed type with a driver and the carrying out of the transport; the application of the provisions on the work contract is excluded.
3. The service does not include:
a) the fulfillment of the purpose of the journey,
b) the supervision of passengers, especially children, young people and people in need of help,
c) supervision of items left by the customer or one of his passengers in the passenger compartment of the vehicle,
d) supervision of baggage during loading and unloading,
e) information about the regulations relevant to all passengers, insofar as they are contained in particular in foreign exchange, passport, visa, customs and health regulations and compliance with the obligations resulting from the regulations. This does not apply if something else has been expressly agreed.
§ 3 SERVICE CHANGES
1. Changes in performance by the bus company that become necessary after the conclusion of the contract are permitted if the circumstances leading to the change in performance were not brought about by the bus company in bad faith and insofar as the changes are not significant and are reasonable for the customer. The bus company must inform the customer of changes immediately after becoming aware of the reason for the change.
2. Changes in service by the customer are possible with the consent of the bus company. They must be in writing or electronic form, unless otherwise agreed.
ARTICLE 4 PRICES AND PAYMENTS
1. The rental price agreed upon conclusion of the contract applies.
2. Additional costs incurred in connection with the agreed service (e.g. road and parking fees, accommodation costs for the driver(s)) are not included in the rental price, unless something different has been agreed. Contrary to sentence 1, tolls for using the motorway are always included in the bus price.
3. Additional costs due to changes in service requested by the customer will be charged additionally.
4. The assertion of costs resulting from damage or contamination remains unaffected.
5. Invoices are due upon receipt without deduction.
6. The bus company is entitled to demand the full rental price as advance payment from private customers and customers based abroad.
7. Wir behalten uns vor, eventuelle Treibstoffkostensteigerungen anteilsmäßig
nachzuberechnen bzw. an Sie weiterzugeben.
§ 5 WITHDRAWAL AND TERMINATION BY THE PURCHASER
The customer can withdraw from the contract before the start of the journey. If he takes this opportunity, the bus company is entitled to appropriate compensation, unless the withdrawal is based on a circumstance for which it is responsible. The amount is determined by the agreed rental price less the value, the expenses saved by the bus company and any revenue generated by other uses of the vehicle. The bus company can flat-rate claims for compensation as follows:
In the event of a resignation
a) Up to 7 days before the agreed travel date:
no cancellation fee
b) 6 to 1 day before the agreed travel date:
50% of the agreed fare
c) Less than 24 hours before the agreed travel date:
90% of the agreed fare
if and to the extent that the customer does not prove that the bus company has not suffered any damage or that it is significantly lower than the flat rate. The right to compensation does not apply if the withdrawal is due to changes in service by the bus company that are significant and unreasonable for the customer. Further rights of the customer remain unaffected.
a) If changes to the agreed services are necessary after the start of the journey, which are significant and unreasonable for the customer, he is entitled - without prejudice to further claims - to terminate the contract. In these cases, the bus company is obliged, at the request of the customer, to transport him and his passengers back, whereby a right to return transport only exists for the means of transport agreed in the contract. If, in the event of termination due to force majeure, additional costs arise with regard to the return transport, these shall be borne by the customer.
b) Further claims of the customer are excluded if the necessary changes in service are based on a circumstance for which the bus company is not responsible.
c) If the customer terminates the contract, the bus operator is entitled to reasonable remuneration for the services already rendered and those still to be rendered under the contract, provided that the latter are still of interest to the customer despite the termination.
§ 6 WITHDRAWAL AND TERMINATION BY THE BUS COMPANY
The bus company can withdraw from the contract before the start of the journey if extraordinary circumstances for which it is not responsible make it impossible to provide the service. In this case, the customer can only demand compensation for the necessary expenses incurred in direct connection with the ordering of the vehicle.
a) The bus company can cancel after the start of the journey if the provision of the service is prevented either by force majeure (this includes events such as war or war-like events, hostilities, uprising or civil war, arrest, confiscation or obstruction by state organs or other persons, road blockades , quarantine measures and strikes, lockouts or work stoppages for which the bus company is not responsible) or is made considerably more difficult, endangered or impaired by the customer. In the event of termination due to force majeure or due to aggravation, danger or impairment of a significant nature, the bus company is obliged, at the request of the customer, to transport him and his passengers back, whereby a right to return transport only exists for the means of transport agreed in the contract. The obligation to return the bus does not apply if and to the extent that the return transport of individuals is unreasonable for the bus company due to circumstances for which they are responsible. If additional costs for the return transport arise in the event of termination due to force majeure, these will be borne by the customer.
b) If the bus company terminates the contract, it is entitled to reasonable remuneration for the services already rendered and those still to be rendered under the contract, provided that the latter are still of interest to the customer despite the termination.
§ 7 LIABILITY
1. The bus company is liable within the scope of the duty of care of a prudent businessman for the proper execution of the transport.
2. The bus company is not liable for service disruptions due to force majeure.
3. The regulations on return transport remain unaffected.
ARTICLE 8 LIMITATION OF LIABILITY
1. The liability of the bus company for contractual or tortious claims for damages due to damage that does not result from injury to life, limb or health is limited to three times the rental price (see Section 4 above). Liability for each affected passenger is limited to that person's share of three times the rental price.
2. § 23 PBefG remains unaffected. Liability for property damage to each person transported is therefore excluded if the damage exceeds €1,000.00.
3. The limitations specified in paragraphs 1 and 2 do not apply if the damage that has occurred is due to intent or gross negligence on the part of the bus company, its legal representatives or vicarious agents.
4. The bus company is not liable for damage insofar as this is based solely on culpable action by the customer or one of his passengers.
5. The customer indemnifies the bus company and all persons involved in the execution of the contract from all claims based on one of the items listed in Section 2, Paragraph 3, Letter a. - e. circumscribed facts.
§ 9 BAGGAGE OR OTHER ITEMS
1. Usual luggage to a normal extent and - by arrangement - other items will also be transported.
2. The customer is liable for damage caused by items carried by the customer or his passengers if they are based on circumstances for which he or his passengers are responsible.
§ 10 CONDUCT OF THE CUSTOMER AND THE PASSENGERS
1. The customer is responsible for the behavior of his passengers during transport. The instructions of the crew on board must be followed.
2. Passengers who, despite warnings, do not comply with the on-board staff's justified instructions can be excluded from carriage if disregarding instructions poses a risk to the safety or order of the company or to the passengers, or for other reasons further carriage for the bus company is unreasonable. In these cases, the customer has no right of recourse against the bus company.
3. Complaints should first be addressed to the on-board staff and, if they cannot help with reasonable effort, to the bus company.
4. The customer is obligated to cooperate within the framework of what is reasonable for him to rectify any disruptions in performance in order to avoid any damage or to keep it as low as possible.
§ 11 JURISDICTION AND PLACE OF PERFORMANCE
1. Place of performance
In relation to merchants, legal entities under public law or special funds under public law, the place of performance is exclusively the seat of the bus company.
a) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of the bus company.
b) If the customer does not have a general place of jurisdiction in Germany or if he moves his domicile or usual place of residence abroad after the conclusion of the contract or if his domicile or usual place of residence is not known at the time the action is filed, the place of jurisdiction is also the registered office of the bus company.
3. The law of the Federal Republic of Germany is decisive for the execution of the contractual relationship.
ARTICLE 12 SEVERABILITY CLAUSE
The invalidity of individual provisions of the contract, including these general terms and conditions for rental bus services, does not result in the invalidity of the entire contract.