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BUSCONTACT GmbH|Storkower Str. 115a|10407 Berlin - Germany|Tel: +49-30-44356519|Fax: +49-30-4417155
General terms and conditions for rental bus transport § 1 Offer and conclusion of contract Offers of the bus company are, so far nothing else was agreed, to be released in writing. The client may submit his booking inquiry in writing, electronically or verbally. The contract is concluded with written or electronic confirmation by the bus company, unless agreed to differently. If the contents of the confirmation differs from the booking inquiry/request, the contract is concluded after the client has received and confirmed the contents in writing. § 2 Performance For the range of contractual services the specifications in the confirmation of the booking are decisive. (§ 1, paragraph 3 and § 3 shall remain unaffected). The service includes the provision of the agreed type of vehicle with driver and the service of the transport as stated in the confirmation of the booking; the application for provisions on the contract of work and labour shall be excluded. The agreed service does not include: a) The fulfillment of purpose and sequence of the expedition, b) Supervision of passengers, in particular children, young people and persons in need of assistance, c) The supervision of personal belongings left behind, by the client or any other passenger, in the passenger compartment of the vehicle, d) Supervision of baggage during loading and unloading, e) The information on relevant regulations applicable to all passengers, in particular those contained for foreign exchange, passport, visa, customs and health regulations and in compliance with any obligations arising from these regulations. f) This does not apply if something else has been contactually agreed to. § 3 Changes in Service Changes in Service by the bus company, which are necessary in accordance with the terms of the contract, are permitted if the circumstances leading to the service change have not been contravened by the bus contractor in breach of good faith and as long as the changes are not substantial or unreasonable for the customer. The bus company must immediately inform the client of any changes. Service changes requested by the customer are possible if confirmed by the bus company. All request must be made in writing or electronically, unless other agreements have been made. § 4 Prices and payments The Price that is due is the one agreed to in the contract. All additional costs (street and parking fees) are included in the price, unless other agreements have been made. The customer must provide overnight accommodation and breakfast for the drivers. Additional costs due to changes in the services, requested by the customer, will be charged additionally. The enforcement of costs arising from damages or contamination, shall remain unaffected. Payments are to be made upon receiving the invoices without any deductions. § 5 Cancellation and termination by the client The booking customer may withdraw from the contractual agreementat any time prior to commencement of the service. If the customer cancels before the start of the journey the travel price is charged with a generalized compensation for the services rendered up to the cancellation and their expenses. The bus company can charge compensation as follows:
The right to compensation does not apply if the withdrawal is due to changes in the bus operator's services, which are inconsiderable and unacceptable for the customer. Further rights of the customer remain unaffected. If changes to the agreed services take place after the start of the journey, and are unreasonable to the customer, then he is entitled - without prejudice to further claims - to terminate the contract. In these cases, the bus company is obliged to take the customer and passengers back to the place of departure that is stated in the contract. If additional costs occur in the event of cancellation due to unforeseeable circumstances, these are to be paid by the customer. Any further claims of the customer are excluded if the necessary changes in service are due to circumstances which the bus company is not responsible for. If the customer terminates the contract, the bus company is entitled to an appropriate reimbursement for the services already rendered and the services still to be provided, as long as these are still of interest to the customer despite contract termination. § 6 Cancellation and termination by the bus company The bus company can withdraw from the contract before the start of the journey, if exceptional circumstances make the service impossible. In this case, the customer may only be reimburesed for expenses that occured directly in connection with the booking. The bus company may terminate upon commencement of the journey if the performance of the service is due either to force majeure, danger or unforeseeable circumstances i.e war, warlike acts, hostilities, arrest, confiscation or hindrance by government bodies or other persons, roadblocks, quarantine measures and strikes, lockouts or work stoppages which are not foreseeable to him or the booking customer. In case of cancellation due to force majeure or any other type of unforeseeable circumstances, the bus company is obliged to return the customer and passengers to the place of departure as noted in the contract. If additional costs arise due to force majeure, these are to be paid by the customer. If the bus company terminates the contract, the bus company is entitled to an appropriate reimbursement for the services already rendered and the services still to be provided, as long as these are still of interest to the customer despite contract termination. § 7 Liability The bus company is liable within the range of the due diligence of a regular merchant for the proper execution of the transport. The bus company is not liable for power disturbances caused by force majeure or any other unforeseeable circumstances such as war, warlike acts, hostilities, arrest, confiscation or hindrance by government bodies or other persons, road blocks, quarantine measures and strikes, lockouts or work stoppages which are not foreseeable. The regulations of the return trip remain unaffected. § 8 Limitation of Liability The liability of the bus company for contractual claims for damages due to material damage is limited to the triple rental price (cf. § 4), the liability per passenger is limited to the percentage for one passenger of triple rental price even if the liability should exceed that amount. If claims for damages be made against a passenger he may be looking at a liability of 4.000,00 € per person. § 23 PBefG remains unaffected. Liability for material damage is excluded, as long as the damage, per person transported, exceeds one thousand euros. The above limitations are not valid if the damage to be assessed, is due to intent or gross negligence. The bus company is not liable for damages, that are based solely on fault of the customer or one of the customers passengers. The customer is liable for any claims made against him as stated in § 2 para. 3. § 9 Luggage and other items Normal sized luggage – and other items to which agreements have been made – can be taken along. The customer is liable for any damages caused to his or his passengers luggages. § 10 Behavior of the customer and the passengers The customer is responsible for the behavior of his passengers during transport. Staff instructions must be followed. Passengers who do not comply with staff instructions can be excluded from transport. If the disregard of instructions creates a risk for the safety for the staff or any other passengers then the transport can be terminated by the bus company. In these cases, the customer has no right to reimbursement or claims. Complaints must first be made to a staff member. If the staff are unable to resolve the issue, the complaints must be sent to the bus company. The customer is obligated to assist in the elimination of power disturbances within the limits of what is reasonably possible in order to avoid possible damage or to keep them as low as possible. § 11 Jurisdiction a) The customer can only take the bus company to court at its registered office. b) The courts for bus company to take legal action against the customer must be the courts asigned near the customers place of residence. Unless they are registered traders or who have moved their place of residence abroad after the conclusion of the contract or whose place of residence is unknown at the time of the complaint/legal action being taken. In these cases the asigned court will be that of the bus company. § 12 Invalidity of individual provisions The invalidity of individual provisions does not justify the invalidity of the contractual agreement. |
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