Terms and conditions

General terms and conditions for coach hire

§ 1 Offer and conclusion of contract

1. Offers made by the coach company are subject to change unless otherwise agreed in writing.
2. The customer may place the order in writing, electronically or verbally.
3. The contract is concluded when the coach company confirms the order in writing or electronically, 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.

§ 2 Scope of services

1. The details in the order confirmation are decisive for the scope of the contractual services. § 1 (3) and § 3 remain unaffected.
2. Within the scope specified by the order confirmation, the service comprises the provision of a vehicle of the agreed type with driver and the performance of the transport; the application of the provisions on contracts for work is excluded.
3. The agreed service does not include: a. fulfilling the purpose of the course of the journey, b. supervising the passengers, in particular children, young people and persons in need of assistance, c. supervising items left in the passenger compartment of the vehicle by the customer or one of their passengers, d. supervising luggage during loading and unloading, e. providing information on the regulations applicable to all passengers, in particular foreign currency, passport, visa, customs and health regulations, and compliance with the obligations arising from these regulations. This does not apply if otherwise agreed.

§ 3 Changes to services

1. Changes to services by the coach company that become necessary after the contract has been concluded are permitted if the circumstances leading to the change were not brought about by the coach company in breach of good faith and insofar as the changes are not significant and are reasonable for the customer. The coach company must notify the customer of changes immediately after becoming aware of the reason for the change.
2. Changes to services by the customer are possible with the consent of the coach company. They must be made in writing or electronically unless otherwise agreed.

§ 4 Prices and terms of payment

1. Our offers are prepared on the basis of the customer’s information. The services determined after completion of the journey are decisive for the calculation; the basis of the calculation is the provision time, the size and equipment of the coach and the total number of kilometres, including all detours for which we are not responsible and all feeder and return journeys.
2. The hire price does not include any incidental costs incurred (e.g. road charges/tolls, parking fees, accommodation costs for the driver(s)) unless otherwise agreed. Unless otherwise agreed, these incidental costs will be invoiced separately after the journey.
3. Additional costs resulting from changes to services requested by the customer, such as extending the route or ending the journey later than agreed, will be charged additionally.
4. The right to claim costs arising from damage or soiling remains unaffected.
5. Our invoices are payable without deduction within 14 days of the invoice date; thereafter we are entitled to charge default interest of 5% above the respective Bundesbank discount rate. In special cases, the invoice must be paid no later than 7 days before the start of the journey.

§ 5 Withdrawal and termination by the customer

1. Withdrawal: the customer may withdraw from the contract before the start of the journey. If the customer does so, and if the withdrawal is not based on a circumstance for which the coach company is responsible, the coach company is entitled to reasonable compensation instead of the agreed hire price. The amount is determined by the agreed hire price less the value of the expenses saved by the coach company and any proceeds from other uses of the vehicle. In this case, the coach company may claim compensation at the following flat rates: in the event of withdrawal a. up to 30 days before the planned start of the journey: 25% of the agreed hire price, b. from 29 to 11 days before the planned start of the journey: 50% of the agreed hire price, c. from 10 days before the planned start of the journey: 80% of the agreed hire price. The claim for compensation does not apply if the withdrawal is due to changes to services by the coach company that are significant and unreasonable for the customer. Further rights of the customer remain unaffected.
2. Termination: a. If changes to the agreed services that are significant and unreasonable for the customer become necessary after the start of the journey, the customer is entitled to terminate the contract – without prejudice to further claims. In these cases, the coach company is obliged, at the customer’s request, to transport the customer and their passengers back, whereby there is only a claim to return transport by the means of transport agreed in the contract. Any additional costs for return transport arising from termination due to force majeure shall be borne by the customer. b. Further claims of the customer are excluded if the necessary changes to services are based on a circumstance for which the coach company is not responsible. c. If the customer terminates the contract, the coach company is entitled to reasonable remuneration for the services already provided and for the services still to be provided under the contract, insofar as the latter are still of interest to the customer despite the termination.

§ 6 Withdrawal and termination by the coach company

1. Withdrawal
The coach company may withdraw from the contract before the start of the journey if extraordinary circumstances for which it is not responsible make performance impossible. In this case, the customer may only claim reimbursement of the necessary expenses incurred in direct connection with the vehicle order.

2. Termination
a. The coach company may terminate the contract after the start of the journey if performance is made considerably more difficult, endangered or impaired either by force majeure or by unforeseeable circumstances such as war or war-like events, hostilities, riots or civil war, arrest, seizure or obstruction by state bodies or other persons, road blockades, quarantine measures and strikes, lockouts or work stoppages for which it is not responsible, or by the customer. In the event of termination due to force majeure or due to considerable difficulty, danger or impairment, the coach company is obliged, at the customer’s request, to transport the customer and their passengers back, whereby there is only a claim to return transport by the means of transport agreed in the contract. Any additional costs for return transport arising from termination due to force majeure shall be borne by the customer. b. If the coach company terminates the contract, it is entitled to reasonable remuneration for the services already provided and for the services still to be provided under the contract, insofar as the latter are still of interest to the customer despite the termination.

§ 7 Liability

1. The coach company is liable for the proper performance of the transport within the scope of the duty of care of a prudent businessperson.
2. The coach company is not liable for disruptions caused by force majeure or for considerable difficulty, danger or impairment due to unforeseeable circumstances such as war or war-like events, hostilities, riots or civil war, arrest, seizure or obstruction by state bodies or other persons, road blockades, quarantine measures and strikes, lockouts or work stoppages for which it is not responsible.
3. The provisions on return transport remain unaffected.

§ 8 Limitation of liability

1. The liability of the coach company for contractual claims for damages due to damage to property is limited to three times the hire price (see § 4 above); liability per affected passenger is limited to the share of three times the hire price attributable to that person. If claims for damages in tort are asserted, liability for damage to property is limited to €4,000 per affected passenger. If the share of three times the hire price attributable to the individual passenger exceeds these amounts, liability is limited to the share of three times the hire price attributable to that person. 2. § 23 of the German Passenger Transport Act (PBefG) remains unaffected. Liability for damage to property is therefore excluded insofar as the damage exceeds €1,000 per person carried. 3. The limitations stated in paragraphs 1 and 2 do not apply if the damage is due to intent or gross negligence. 4. The coach company is not liable for damage insofar as it is based exclusively on culpable conduct by the customer or one of their passengers. 5. The customer indemnifies the coach company and all persons involved by it in the performance of the contract against all claims based on one of the circumstances described in § 2 (3) a–e.

§ 9 Luggage and other items

1. Luggage of normal volume and – by arrangement – other items are carried.
2. The customer is liable for damage caused by items carried by the customer or their passengers if it is based on circumstances for which the customer or their passengers are responsible.
3. Damage to bicycles caused by their transport or loading is excluded from any liability.

§ 10 Conduct of the customer and passengers

1. The customer is responsible for the conduct of their passengers during transport. Instructions of the on-board staff must be followed.
2. Passengers who, despite being warned, fail to comply with justified instructions of the on-board staff may be excluded from transport if disregarding the instructions endangers the safety or order of operations or other passengers, or if continued transport is unreasonable for the coach company for other reasons. In these cases, the customer has no recourse claims against the coach company.
3. Complaints must first be addressed to the on-board staff and, if they cannot remedy the situation with reasonable effort, to the coach company.
4. The customer is obliged to cooperate, within reason, in remedying disruptions in order to avoid any damage or to keep it to a minimum.

§ 11 Place of jurisdiction and place of performance

1. In relation to merchants, legal entities under public law or special funds under public law, the place of performance is exclusively the registered office of the coach company.
2. Place of jurisdiction: 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 coach company. b. If the customer has no general place of jurisdiction in Germany, or moves their place of residence or habitual abode abroad after the contract has been concluded, or if their place of residence or habitual abode is not known at the time the action is filed, the place of jurisdiction is also the registered office of the coach company.
3. The law of the Federal Republic of Germany applies to the performance of the contractual relationship.

§ 12 Invalidity of individual provisions

The invalidity of individual provisions of the contract, including these general terms and conditions for coach hire, does not result in the invalidity of the entire contract.

As of: 15 July 2006

Travel conditions

Conclusion of the travel contract

By registering, the customer makes a binding offer to the tour operator to conclude a travel contract. Registration can be made in writing, verbally or by telephone. It is made by the person registering also on behalf of all participants listed in the registration, for whose contractual obligations the person registering is liable as for their own obligations, provided they have assumed a corresponding separate obligation by an express and separate declaration. The contract is concluded upon acceptance by the tour operator. Acceptance is declared by a written travel confirmation. If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer by the tour operator, by which it is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveller declares acceptance to the tour operator within this period.

Payment

After conclusion of the travel contract, 10% of the travel price is payable against handover of the security certificate within the meaning of § 651k of the German Civil Code (BGB). The balance is payable on request before the start of the trip, concurrently against handover of the complete travel documents. Contracts concluded within two weeks before the start of the trip oblige the traveller to pay the full travel price immediately against handover of the complete travel documents and of the security certificate within the meaning of § 651k BGB. There is no obligation to hand over the security certificate if the trip lasts no longer than 24 hours, does not include an overnight stay and the travel price does not exceed €75.

Changes to services and prices

Unforeseeable changes or deviations of individual travel services from the agreed content of the travel contract that become necessary after conclusion of the contract and were not brought about by the tour operator in breach of good faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall character of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective. The tour operator is obliged to inform the customer of changes or deviations without delay. Where applicable, it will offer the customer a free rebooking or free withdrawal. The tour operator is entitled, under certain conditions to be specified in its travel conditions, to reserve the right to a subsequent change in the travel price if more than 4 months lie between the travel confirmation and the contractually agreed start of the trip. In the event of a subsequent change in the travel price, the tour operator must inform the customer no later than 3 weeks before the start of the trip. Price increases after this date are not permitted. The customer is entitled to withdraw from the travel contract free of charge.

Withdrawal by the customer, rebooking, substitute traveller

The customer may withdraw from the trip at any time before it begins. The date of receipt of the notice of withdrawal by the tour operator is decisive. The customer is advised to declare withdrawal in writing. If the customer withdraws from the travel contract or does not start the trip without withdrawing from the contract, the tour operator loses its claim to the agreed travel price. It may, however, demand reasonable compensation. The tour operator may charge this compensation as a flat-rate percentage of the travel price, depending on how close the withdrawal is to the contractually agreed travel date, as follows:

For coach tours:

Withdrawal up to the 35th day: 10%
minimum €25 per person
Withdrawal from the 34th to the 21st day: 25%
Withdrawal from the 20th to the 15th day: 35%
Withdrawal from the 14th to the 7th day: 60%
Withdrawal from the 6th day: 75%
No-show on the day of departure: 100%

For flights/cruises:

Withdrawal up to the 35th day: 20%
Withdrawal from the 34th to the 15th day: 50%
Withdrawal from the 14th to the 1st day: 80%
No-show on the day of departure: 100%

The customer reserves the right to prove that the tour operator has suffered less damage. If, before the customer’s withdrawal, the tour operator has already paid costs for hotels and ferries and cannot recover them, these costs must also be paid by the customer.

Withdrawal and termination by the tour operator

The tour operator may withdraw from the travel contract before the start of the trip or terminate it after the start of the trip in the following cases:

a) Without notice:

If the traveller persistently disrupts the trip despite a warning from the tour operator, or if the traveller behaves in breach of contract to such an extent that immediate cancellation of the contract is justified. If the tour operator terminates the contract, it retains its claim to the travel price; however, it must deduct the value of the expenses saved and any benefits obtained from other use of the services not used, including amounts credited to it by the service providers.

b) Up to 2 weeks before the start of the trip:

If a stated minimum number of participants is not reached, provided that a specific minimum number of participants is expressly referred to in the tour description or brochure for the trip in question. The tour operator’s declaration of withdrawal must be communicated to the customer no later than 2 weeks before the planned start of the trip. In any case, the tour operator is obliged to inform the customer immediately once the conditions for not carrying out the trip have arisen and to forward the declaration of withdrawal without delay. The customer will receive a prompt refund of the travel price paid.

Cancellation of the contract due to extraordinary circumstances

If the trip is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both the tour operator and the traveller may terminate the contract (the advice of the German Federal Foreign Office applies here). If the contract is terminated, the tour operator may demand reasonable compensation for the travel services already provided or still to be provided to complete the trip. The tour operator is also obliged to take all necessary measures, in particular to transport the traveller back if the contract includes return transport. The additional costs of return transport are to be borne equally by the parties. Otherwise, the additional costs are borne by the traveller.

Liability of the tour operator

The tour operator is liable within the scope of the duty of care of a prudent businessperson for:

a) the conscientious preparation of the trip;

b) the careful selection and monitoring of service providers;

c) the accuracy of the tour description;

d) the proper provision of the contractually agreed travel services, taking into account the respective local and national customs.

Damages

If the defect of the trip is based on a circumstance for which the tour operator is responsible, the traveller may, without prejudice to the right to a price reduction or termination, claim damages for non-performance and, where applicable, reasonable monetary compensation for wasted holiday time. Express reference is made to § 651f BGB.

Limitation of liability

The liability of the tour operator is limited to three times the travel price

a) insofar as damage to the traveller is caused neither intentionally nor through gross negligence, or

b) insofar as the tour operator is responsible for damage incurred by the traveller solely due to the fault of a service provider.

Duty to cooperate

In the event of any disruption to services, the traveller is obliged to do everything that can reasonably be expected to help remedy the disruption and keep any damage to a minimum. In particular, the traveller is obliged to notify the local tour management of any complaints immediately (written form is strongly recommended for reasons of evidence). Complaints can also be made to the local service providers, e.g. hotel, guesthouse, holiday flat, or to the local representative of the tour operator and, on accompanied group tours, to the tour guide.

Passport, visa, customs, foreign currency and health regulations

Where possible, the tour operator will inform the customer before the start of the trip of important changes to the general regulations stated in the tour description. The tour operator accepts no liability for the information provided. In principle, the traveller is responsible for complying with passport, visa, customs, foreign currency and health regulations. All disadvantages resulting from non-compliance with these regulations are borne by the traveller, even if these regulations change after booking, unless the tour operator culpably provided incorrect information.

Invalidity of individual provisions

The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.

Place of jurisdiction

Munich

Tour operator

Busreiseservice Peter Filser

Peter Filser, Munich

Competent supervisory authority:

Government of Upper Bavaria (Regierung von Oberbayern)