GENERAL TERMS AND CONDITIONS FOR CONTRACTS OF CARRIAGE – CUSTOMERS
- 1 - Offer and conclusion of contract
1.1.
Offers of Busvermietung24 GmbH are subject to change and non-binding, unless otherwise agreed in text form.
1.2
The customer may place an order verbally, in writing or by fax or email (text form). The orderer is bound to his order for 14 days. A contract with Busvermietung24 GmbH shall only be concluded upon receipt by the orderer of an order confirmation issued in writing or in text form by Busvermietung24 GmbH within this period, unless otherwise agreed. In the case of short-term bookings up to 14 days before the start of transportation, the acceptance of the transportation service by the orderer can also lead to the conclusion of the transportation contract.
1.3
Decisive for the content of the transportation contract are the offer, the order confirmation issued in written or text form as well as these General Terms and Conditions of Busvermietung24 GmbH. If the order confirmation contains changes or deviations compared to the order, the content of the confirmation shall become the basis of the contract if the orderer declares its acceptance within 1 week after receipt of the confirmation or accepts the transport service without objection.
1.4
Subsequent amendments, supplements or ancillary agreements to the transport contract shall only become subject matter of the contract if they have been expressly agreed with Busvermietung24 GmbH. Such agreements are to be recorded in writing or in text form.
1.5
If the orderer intends to transport soccer fans or politically motivated groups, he has to inform Busvermietung24 GmbH about this in his order or booking in written or text form.
- 2 - Leistungen und Leistungsänderungen
2.1.
The contractual performance of the transportation contract includes the provision of the necessary number of buses with driver and the performance of the contractually agreed transportation. Busvermietung24 GmbH is free to commission subcontractors from Germany or other European countries to provide the transport service. Unless otherwise agreed, only one driver shall be provided, who shall work within the framework of the statutory driving, shift and rest times.
2.2.
The contractual service does not include:
- Supervision of the passengers, of things left by the Customer or the passengers in the passenger compartment of the vehicle, and of the process of loading or unloading the luggage of the Customer or the passengers.
- The compliance with the foreign exchange, passport, visa, customs and health regulations, as well as the compliance with the obligations arising from these regulations or any other obligations.
2.3.
If, after the contract has been concluded, circumstances arise which make it necessary for Busvermietung24 GmbH to change its services and which have not been brought about by Busvermietung24 GmbH in bad faith, these changes in services shall be deemed permissible insofar as they are insignificant and reasonable for the orderer. Busvermietung24 GmbH shall inform the orderer about changes in performance after becoming aware of the circumstance justifying the change in performance.
2.4.
Busvermietung24 GmbH shall be notified in writing or in text form of any changes in performance requested by the ordering party after conclusion of the contract and shall only become subject matter of the contract if Busvermietung24 GmbH expressly gives its consent in writing or in text form.
- 3 - Compensation
3.1.
The Customer shall pay the contractually agreed remuneration, plus any costs resulting from changes in services requested by the Customer. The remuneration does not include ancillary costs related to the transportation, such as road and parking charges, accommodation and catering costs, at least in the form of half board, for the driver, subject to a deviating contractual agreement.
3.2.
Busvermietung24 GmbH reserves the right to charge additional costs actually incurred due to circumstances for which Busvermietung24 GmbH is not responsible, such as unforeseen route or program changes, etc., insofar as these can be attributed to the orderer or are due to a circumstance mentioned under number 6.1.
3.3.
The customer must make an advance payment of 15% of the agreed remuneration within 14 days of receipt of the order confirmation from Busvermietung24 GmbH and the remaining amount no later than 14 days before the start of transportation, unless otherwise agreed in the contract.
3.4.
Should unforeseeable and extraordinary circumstances arise after the conclusion of the contract, which lead to the fact that the provision of the contractual service at the agreed remuneration is unreasonable for Busvermietung24 GmbH, taking into account the current market and price developments, and if the parties had been aware of these circumstances, they would not have agreed on the agreed remuneration in this way, Busvermietung24 GmbH shall be entitled to demand supplementary negotiations from the ordering party regarding an adjustment of the remuneration, with the aim of achieving an adjustment of the remuneration to standard market conditions.
- 4 – Recission by the bestseller
4.1.
Before the start of the journey, the customer can withdraw from the contract at any time. The withdrawal must be made in writing or in text form to Busvermietung24 GmbH. In this case, the orderer shall owe Busvermietung24 GmbH reasonable compensation instead of the agreed remuneration, unless the withdrawal is due to a circumstance for which Busvermietung24 GmbH is responsible. The reasonable compensation shall be paid as a lump sum as follows:
- in case of a withdrawal up to 30 days before the scheduled transportation 15%,
- in case of a cancellation from 29 to 15 days before the planned transportation 30 %,
- in case of cancellation from 14 to 8 days before the planned transportation 50%,
- 80 % in case of cancellation 7 to 2 days before the scheduled transportation, and
- 90 % in case of cancellation one day before the planned transportation.
of the contractually agreed remuneration.
4.2.
The customer is free to prove that a damage on the part of Busvermietung24 GmbH has not occurred or has occurred to a significantly lesser extent.
4.3.
Busvermietung24 GmbH reserves the right, in the event that the withdrawal is not due to a circumstance for which it is responsible, to demand higher, concrete compensation instead of the above lump sum amounts, insofar as it proves that it has incurred higher expenses than the applicable lump sum in each case. In this case, Busvermietung24 GmbH is obligated to specifically quantify and explain the demanded compensation, deducting saved expenses and any other use of the transport services.
- 5 – Rescission by Busvermietung24 GmbH
5.1.
Busvermietung24 GmbH may withdraw from the contract before the beginning of the carriage, if there are extraordinary circumstances, for which Busvermietung24 GmbH is not responsible, which lead to the fact that he is prevented from providing the carriage service or a provision is to be regarded as unreasonable.
5.2.
In the event of a withdrawal pursuant to number 5.1, the Customer may only demand the necessary reimbursement of expenses incurred in connection with the transport contract.
5.3.
In case of non-compliance with number 1.5, Busvermietung24 GmbH may withdraw from the transportation contract, if the provision of the transportation service becomes unreasonable for Busvermietung24 GmbH. The right to claim damages on the part of Busvermietung24 GmbH remains unaffected
5.4.
In case of late receipt of the advance payment and/or the balance payment pursuant to number 3.3, Busvermietung24 GmbH has the right to withdraw from the transportation contract, if it has previously reminded the orderer unsuccessfully by setting an appropriate payment deadline. The right of Busvermietung24 GmbH to claim damages shall remain unaffected.
- 6 – Dismissal for cause
6.1.
The customer and Busvermietung24 GmbH may terminate the contract without notice if there is an unforeseeable important and not by the parties to represent reason due to force majeure or other impairments, complications or hazards of a significant nature, such as war or similar events (uprising, riots, civil war, etc.), terrorist acts, pan- or epidemics, unreasonable weather and road conditions, interference by state organs, persons or other incidents such as demonstrations, road blockades, strikes, etc., insofar as this makes transportation unreasonable. The same shall apply if the carriage is considerably impeded, endangered or impaired by the customer, a passenger or due to non-compliance with the regulations pursuant to number 2.2 b) despite warning and thus becomes unreasonable for Busvermietung24 GmbH.
6.2.
In the cases of a termination pursuant to number 6.1 sentence 1, Busvermietung24 GmbH is obliged to carry out a contractual reversal and to transport the passengers back in the contractually provided vehicle, as far as such is possible. Any additional costs of a return transport, e.g. by using a substitute means of transport, shall be borne by the contracting parties in equal parts. The rights of the passengers pursuant to Article 8 of Regulation (EU) No. 181/2011 of 16th February 2011 remain unaffected.
6.3.
In case of a termination pursuant to number 6.1 sentence 2, Busvermietung24 GmbH is only obliged to a return transport insofar as such is reasonable for Busvermietung24 GmbH. Possible additional costs of a return transport shall be borne by the ordering party. The rights of passengers pursuant to Article 8 of Regulation (EU) No. 181/2011 of 16th February 2011 remain unaffected
6.4.
In the event of termination pursuant to number 6.1, the contractually agreed remuneration claim of Busvermietung24 GmbH shall lapse. Busvermietung24 GmbH shall instead be entitled to an appropriate remuneration for the services already rendered. In any case, this remuneration shall cover the costs and expenses actually incurred by Busvermietung24 GmbH for the execution of the contract, including the costs for the commissioning of subcontractors.
- 7 - Liability of Busvermietung24 GmbH
7.1.
In case of an accident, Busvermietung24 GmbH is liable for loss and damage of luggage per case of damage only up to an amount of max. 1.200,00 € per piece of luggage, as far as the damage was caused neither intentionally nor grossly negligent.
A liability for damaged or lost mobility aids pursuant to section 23 paragraph 3 PBefG remains unaffected by these limitations of liability.
7.2.
In case of other claims for damages, which do not fall under the damages mentioned in number 7.1. and which do not concern life, body and health damages, the liability of Busvermietung24 GmbH shall be limited to three times the transport price, unless the damage is based on intent or gross negligence.
7.3.
Liability for disruptions to performance due to force majeure or other impairments, impediments or hazards of a considerable nature, such as war or similar events (uprisings, riots, civil war, etc.), terrorist acts, panic and epidemics, unreasonable weather and road conditions, impairments caused by state authorities, persons or other incidents such as demonstrations, road blockades, strikes, etc., is excluded subject to the provisions of number 6.3, number 7.1, 7.2 and 7.4.
7.4.
Busvermietung24 GmbH is liable for life as well as body and health damages according to the legal regulations. The above limitations and exclusions of liability do not apply.
7.5.
The rights of passengers pursuant to Regulation (EU) No. 181/2011 of 11.02.2011, in particular pursuant to Articles 7 and 8 (compensation and assistance in case of accidents) and Article 17 paragraph 1 and 2 (compensation for wheelchairs and other mobility aids), shall remain unaffected by the limitations of liability set forth in this paragraph. In case of accommodation of passengers as a result of an accident resulting from the use of the bus or coach, the total cost of accommodation per passenger shall be limited to 80.00 euros per night and to a maximum of two nights without recognition of any legal obligation pursuant to Article 8 of Regulation (EU) No. 181/2011.
- 8 - Luggage, passenger behavior
8.1.
The transport of normal pieces of luggage and usual hand luggage is the subject of the contractual obligation to perform. More than one piece of luggage per passenger, bulky luggage or oversized luggage will only be transported after prior consultation with Busvermietung24 GmbH.
8.2.
Highly flammable, explosive or other hazardous substances as well as all other objects or substances that could endanger or injure the persons being transported are excluded from carriage. Animals are also excluded from carriage.
8.3.
The customer is liable for damages caused by objects carried by the customer or his passengers or by a behavior of the customer or his passengers, as far as the occurred damages are due to circumstances for which the customer or his passengers are responsible.
8.4.
As far as the orderer or the passengers do not follow the instructions of the assigned bus drivers, these can be excluded from a transportation, if the further transportation became unreasonable for Busvermietung24 GmbH thereby. A claim for return transportation is excluded in these cases.
- 9 – Jurisdiction and applicable law
9.1.
Insofar as the orderer is a merchant or a legal entity under public law or a special fund under public law or insofar as the orderer has no place of jurisdiction in Germany, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of Busvermietung24 GmbH. Busvermietung24 GmbH shall, however, be free to assert claims against the ordering party at its general place of jurisdiction.
9.2.
German law applies to these terms and conditions and the entire legal relationship between the customer and Busvermietung24 GmbH. If the order was placed by a consumer and he has his habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
- 10 - Other
10.1.
In the event that individual provisions of the contract, including the provisions of the General Terms and Conditions, are invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provisions.
10.2.
The orderer is prohibited to directly commission a company commissioned by Busvermietung24 GmbH and executing the contract within two years after the completion of the transport service. In case of violation of this regulation, the orderer is obliged to pay a contractual penalty in the amount of 1.000,00 € to Busvermietung24 GmbH.
10.3.
Claims for defects arising from the transport contract shall become statute-barred 12 months after completion of the transport, unless these are claims for defects by consumers or claims for damages due to injury to life, body or health and/or in the case of damage caused by gross negligence or intent. In all other respects, the statutory limitation provisions shall apply, in particular also in the event of fraudulent concealment of a defect.
10.4
These terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that Busvermietung24 GmbH has expressly agreed to their validity in writing.
Status: August 2022
Busvermietung24 GmbH
Seckel 9
58762 Altena
