General terms and conditions for the Coach Transfer
§ 1 Offer and Contract Formation
(1) Offers from the coach operator are non binding except when otherwise stipulated.
(2) The client may place the order in written, electronic or verbal form.
(3) The contract comes in existence upon order confirmation of the coach operator given in written or electronic form except when otherwise stipulated. In the case the content of the confirmation varies from the one in the order, the contract is realised upon confirmation by the client within a week – in written or electronic form.
§ 2 Content of Service
(1) For the extent of the contractual services the details within the confirmation are binding. § 1 sect. 3 and § 3 remain untouched.
(2) The performance includes – within the agreed extent in the confirmation – the provision of a vehicle for agreed use including driver and the completion of the transport; Applying the regulations of the special-order contract is excluded.
(3) The agreed performance excludes especially:
a) fulfilling the purpose of the transfer process,
b) the supervision of passengers, especially children, teenagers and people with special needs,
c) the supervision of items being placed in the vehicle by the customer,
d) the supervision of luggage upon loading and unloading,
e) information on the passenger relevant forex regulations, passport regulations, visa regulations, custom regulations and health regulations as well as the adherence of these regulations and obligations.
This is not valid, when something different has been stipulated.
§ 3 Modifications of services
(1) Necessary modifications of services that had to be agreed by the coach operator after closing the contract are acceptable as long as they are not precipitated by good faith and as long these modifications are appropriate for the customer. The customer has to be notified right after noticing the reason for modification by the coach operator.
(2) Modifications from the customer are achievable upon confirmation by the coach operator and should be declared by mail or email.
§ 4 Pricing and Payment
(1) The rental fee in the contract is valid.
(2) All accepted extras in the agreed service (e.g. road and parking fees, overnight charges for the driver/s) are included in the rental fee except otherwise stipulated.
(3) Additional charges due to modifications in service desired by the customer will be added on top.
(4) The addition of extra costs being caused by eventual damage or soiling remains untouched.
(5) Invoices are payable in full after receipt.
§ 5 Price increase
Under the following conditions the coach operator is entitled to charge a price that is 10 % higher of the agreed price:
a) The price increase is tolerable only by an increase of fuel costs, staff costs as well as taxes and charges as long it takes effect on the agreed rental fee..
b) An increase of the rental fee is tolerable unless there is a time difference of 4 months between the agreed commencement of the transport service and the close of the contract and the consequences of the price increase could not yet been predicted by the coach operator upon close of the contract.
c) The customer has to be notified in an instant by the coach operator after discovering the reason for the price increase, charging the new price and proving the reason.
d) In the case of a tolerable price increase exceeding 3 % of the basic rental fee, the customer is entitled to cancel the contract with the coach operator without any obligations for payment. The advice of cancellation is valid in any form and has to be sent out right after the receipt of the notification of price increase.
§ 6 Advice of Cancellation and Cancellation by the customer
(1) Cancellation in prior to the transport service
The customer is entitled to rescind from the contract in prior to the transport service. If a customer takes advantage of this opportunity, the coach operator is entitled to an adequate compensation in place of the agreed rental fee unless the coach operator has to take the responsibility for the reason for stepping back of the contract. The level of compensation calculates from the agreed rental fee deducting the amount of the expenditures, the coach operator has been able to save due to respective usage for other purposes of the vehicle.
The coach operator is entitled to decide for himself to generalise the compensations as follows:
a) up to 30 days in prior of commencement of transport service: 10 %
b) 29 to 22 days in prior of commencement of transport service: 30 %
c) 21 to 15 days in prior of commencement of transport service: 40 %
d) 14 to 7 days in prior of commencement of transport service: 50 %
e) 6 days in prior of commencement of transport service: 60 %
of the rental fee, unless the customer proves the damage of the coach operator did not arise at all or it is much lower than the lump sum.
The claim for compensation is not applicable when the cancellation is caused by the coach operators modifications in service not bearable for the customer. Further rights of the customer remain untouched.
(2) Cancellation after commencement of the journey.
a) When modifications of the agreed services are needed after commencement of the journey being unreasonable for the customer, then the customer is entitled to cancel without any further claims. In these cases the coach operator is bound to the return transport claiming for the agreed vehicle. In the case of cancellation due to an act of nature – respective additional costs of a return transport must be paid by the customer.
b) Further claims by the customer will be excluded when the required modifications of service are also caused by acts of nature.
c) In the case of a cancellation by the customer, the coach operator is entitled to a compensation in the amount of the already fulfilled services as long these ones should still be relevant for the customer.
* The scales of notice and cancellation have to be adapted to the individual situations of the business. To determination of the length of the time and lump rates depend on the likelihood of renting the vehicle in the remaining time of the contract.
§ 7 Withdrawal and Cancellation by the coach operator
(1) Cancellation in prior to the transport service
The coach operator is entitled to cancel the contract in prior to the transport service when extraordinary reasons make a transport service impossible. In this case the customer is entitled to a compensation amounting to the actual expenditures for ordering the vehicle..
(2) Cancellation after commencement of the journey.
a) The coach operator is entitled to cancel the contract after commencement of the journey when the transport service can not be carried out due to the act of nature or due to substantial complication, hazard or interference by not predictable circumstances such as war, wars in general and distemper, bad blood, arrest, rebellion or confiscatory or interference by government bodies or other individuals, road blockades, quarantine provisions as well as not predictable strikes, lockouts or work stoppages, or circumstances complicating or threatening the customer or a passenger, being hazarded or interfered. In the case of a cancellation due to acts of nature or a complication, hazard or interference of substantial kind, the coach operator is bound to the return transport of the customer and his passengers claiming for the agreed vehicle only. The obligation of the return transport of individual passengers does not apply when the customers caused the reason for cancellation themselves and when they are not reasonable for the coach operator. In the case of cancellation due to an act of nature – respective additional costs of a return transport must be paid by the customer.
c) In the case of a cancellation by the coach operator, the customer is entitled to a compensation in the amount of the already fulfilled services as long these ones should still be relevant for the customer.
§ 8 Liability
(1) The coach operator is liable within the scope of the duty of care of a reputable business man fulfilling a correct transport.
a) The coach operator is is not liable for interferences in the fulfillment of the service due to the act of nature or due to substantial complication, hazard or interference by not predictable circumstances such as war, wars in general and distemper, bad blood, arrest, rebellion or confiscatory or interference by government bodies or other individuals, road blockades, quarantine provisions as well as not predictable strikes, lockouts or work stoppages, or circumstances complicating or threatening the customer or a passenger, being hazarded or interfered.
(3) The regulations about the return transport remain untouched.
§ 9 Limitation of the Liability
(1) The liability of the coach operator in contractual claims is limited to 10-times the rental fee (compare above § 4) unless
a) the claim in the case of injury to life, the body or the health of the customer or the passengers is not caused by an intentional or careless violation of duty of the coach operator or a legal representative or accomplice of the coach operator,
a) the claim in other damage is not caused by an intentional or careless violation of duty of the coach operator or a legal representative or accomplice of the coach operator.
(2) § 23 PBefG remains untouched. The liability for damage on items is herewith excluded, as long as the damage of every transported person exceeds 1,000,– € and it is not caused by an intentional or careless violation of duty.
§ 10 Luggage and other items
(1) Luggage in a normal scope and other items (upon agreement in prior to the journey) will be transported as well.
(2) Explosive, highly flammable, radio active, evil-smelling or caustic materials as well as unpacked or unprotected goods causing injuries on passengers are excluded from transport.
(3) The customer and the passengers are liable for damages of any kind being caused by them carrying these dangerous goods..
§ 11 Behaviour and Liability of the customer and the passengers
(1) The customer is liable for the behaviour and the responsibility of the passengers on the journey. The instructions of the cabin crew must be followed. The customer is also liable for the damages on the vehicles and other items of the coach operator caused by the passengers. Unless the customer is able to prove that he or the passengers did not cause the damage by violation of their own contractual and legal duties. Other claims remain untouched.
(2) According to § 21 StVO the seatbelts must be used at all times. Seats have to be left only for a short time. All passengers is obliged to a solid stand within the vehicle at all times, especially leaving the seat for a short time.
(3) Passengers not following the instructions and warnings of the cabin crew can be excluded from transport when the safety and order of the other passengers is threatened or the proceeding of the journey should become unbearable for the coach operator. In these cases a compensation of return transport or right of recourse towards the coach operator is excluded.
(4) Complaints have to be addressed to the cabin crew in first place and when the problem cannot be solved upon reasonable effort it must be addressed to the coach operator.
(5) The customer is obliged to cooperate in the removal of defects in items and service in his reasonable effort to avoid damages or to keep them as small as possible.
§ 12 Place of jurisdiction und Place of fulfilment
(1) Place of jurisdiction und Place of Fulfilment
Place of fulfilment is is in relation to business men, corporate bodies of public law or special assets the place of business of the coach operator.
(2) Place of jurisdiction
a) if the customer is a business man either, or a corporate body of public law or a special asset of public law the place of jurisdiction is the business of the coach operator.
b) if the customer does not have a general and national place of jurisdiction or if he transfers his place of residence or habitual residence to a country abroad after closing the contract or if his habitual residence should be unknown in the moment of institution of legal proceedings the place of jurisdiction remains the business of the coach operator.
(3) For the legal process of the contractual relationship the law of the Federal Republic of Germany is applicable.
§ 13 Ineffectiveness of individual regulations
The ineffectiveness of individual regulations of the contract including current general terms and conditions for coach operation does not result to an ineffectiveness of the entire contract.
2 © These transport regulations are copyrighted; Bundesverband Deutscher Omnibusunternehmer e. V. and Prof. Dr. Holger Zuck, Stuttgart, 2008.
Imprint GTC Urberacher Omnibusbetrieb Emil H. Lang GmbH – Tel.: +49 – (0) 6074 – 211 10-0 – Fax: +49 – (0) 6074 – 211 10-20