Terms of Service
§ 1 Offer and contract
- Offers of the bus company are, unless otherwise agreed in writing, subject to change.
- The customer may place his order in writing, in electronic form or orally.
- The contract is concluded with the written or in electronic form confirmation of the order by the bus company, unless otherwise agreed. If the content of the confirmation deviates from that of the order, the contract is concluded on the basis of the confirmation if the orderer accepts acceptance within one week of receipt or if the order is executed without objection by the customer according to the confirmation.
§ 2 Service content
- For the scope of the contractual services, the details in the confirmation of the order are decisive. § 1 para. 2 and § 3 remain unaffected.
- The service includes the provision of a vehicle of the agreed kind with the driver and the performance of the carriage within the framework specified by the confirmation of the order; the application of the provisions on the contract for work is excluded.
- The service does not include:
- the fulfillment of the purpose of the journey,
- the supervision of passengers, in particular children, adolescents and vulnerable persons,
- the supervision of items left by the customer or one of his passengers in the passenger compartment of the vehicle,
- the supervision of the luggage during loading and unloading,
- the information on the rules applicable to all passengers, insofar as they are contained in particular in foreign exchange, passport, visa, customs and health regulations and compliance with the obligations arising from the regulations.
This does not apply if something else has been expressly agreed.
§ 3 Changes in services
- Changes to the service by the bus company, which become necessary after the conclusion of the contract, are permitted if the circumstances leading to the change in performance have not been brought about in good faith by the bus company and if the changes are not reasonable and reasonable for the customer. The bus company must notify the customer of any changes immediately after becoming aware of the reason for the change.
- Changes in performance by the customer are possible with the agreement of the bus company. They must be in writing or electronic form, unless otherwise agreed.
§ 4 Prices and payments
- The rental price agreed upon conclusion of the contract applies.
- Additional costs incurred in connection with the agreed service (eg road and parking fees, accommodation costs for the driver / s) are not included in the rental price, unless otherwise agreed.
- Additional costs due to the customer of desired changes in performance will be charged additionally.
- The assertion of costs resulting from damage or contamination remains unaffected.
- Invoices are due upon receipt without deduction.
- The bus company is entitled to demand from private customers as well as customers domiciled abroad the rental price in full as advance payment.
§ 5 Resignation and termination by the customer
The customer can withdraw from the contract prior to departure. If this option is exercised, the bus company is entitled to reasonable compensation, unless the resignation is based on a circumstance for which it is responsible. Their amount is determined by the agreed rental price less the value, expenses saved by the bus company and any proceeds generated by other uses of the vehicle.
The bus company can set compensation claims as follows:
With a resignation
- from 29 to 20 days before the planned departure 10%
- from 19 to 10 days before the planned journey 25%
- from 9 days to 24 hours before the planned journey 50%
- less than 24 hours before the scheduled journey 90%
if and to the extent that the customer does not prove that damage to the bus company did not occur at all or is significantly lower than the lump sum.
The right to compensation does not apply if the resignation is due to changes in the service of the bus company which are significant and unreasonable for the purchaser. Further rights of the customer remain unaffected.
- If changes to the agreed services are necessary after commencement of the journey, which are considerable 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 bring him and his passengers back, with a claim for the return transport only for the agreed in the contract means of transport. In the event of termination due to force majeure with regard to the return transport, additional costs shall be borne by the customer.
- Further claims of the customer are excluded if the necessary changes in service are based on a circumstance that the bus company is not responsible for.
- If the purchaser terminates the contract, the bus company is entitled to appropriate compensation for the services already performed and those to be rendered under the contract, provided that the latter are still of interest to the purchaser despite the termination.
§ 6 Resignation and termination by the bus company
The bus company may withdraw from the contract prior to departure if exceptional circumstances beyond its control render the service impossible. In this case, the purchaser can only demand compensation for the necessary expenses incurred directly in connection with the vehicle order.
- The bus company may terminate after departure if the performance of the service is either due to force majeure (including events such as war or warlike events, hostilities, insurrection or civil war, arrest, seizure or obstruction by state authorities or other persons, road blockades , Quarantine measures as well as 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 bring him and his passengers back, with a claim to the return transport only for the agreed in the contract means of transport. The obligation to repatriate shall not apply if and insofar as the repatriation of individuals is unacceptable for the bus undertaking owing to circumstances for which they are responsible. If additional costs for return transport arise in the event of termination due to force majeure, these shall be borne by the customer.
- If the bus company terminates the contract, it is entitled to a reasonable remuneration for the services already provided and those still to be provided under the contract, provided that the latter are still of interest to the customer despite the termination.
§ 7 Liability
- The bus company is liable in the context of the due diligence of a prudent businessman for the proper performance of the transport.
- The bus company is not liable for performance disruptions due to force majeure.
- The regulations on the return transport remain unaffected.
§ 8 Limitation of liability
- The liability of the bus company for contractual or tortious claims for damages for damages that do not result from injury to life, body or health is limited to three times the rental price (see § 4 above). The liability per affected passenger is limited to the proportion of the triple rental price related to this person.
- Section 23 PBefG remains unaffected. Liability for property damage to any transported person is excluded, as far as the damage exceeds € 1,000.
- The limitations specified in paragraphs 1 and 2 shall not apply insofar as the damage occurred is due to intent or gross negligence of the bus company, its legal representatives or vicarious agents.
- The bus company is not liable for damages, as far as they are based solely on a culpable action of the customer or one of his passengers.
- The purchaser shall indemnify the bus company and all persons involved in the execution of the contract from all claims based on any of the claims listed in § 2 para. 3.1. - 3.5. circumscribed facts.
§ 9 Luggage and other things
- Usual baggage in the normal scope and - after agreement - other things are carried along.
- For damage caused by items carried by the customer or his passengers, the purchaser shall be liable if they are based on circumstances for which he or his passengers are responsible.
§ 10 Behavior of the customer and the passengers
- The customer is responsible for the behavior of his passengers during the transport. The instructions of the on-board staff must be followed.
- Passengers who fail to comply with reasonable instructions given by on-board staff despite being warned may be excluded from carriage if the failure to comply with instructions creates a risk to the safety or order of the operation or to other passengers, or for other reasons the onward journey for the bus company unreasonable. Recourse claims of the purchaser against the bus company do not exist in these cases.
- Complaints are initially to the on-board personnel, and, if this can not remedy with reasonable effort, to address to the bus company.
- The purchaser is obliged to cooperate in the rectification of performance disruptions within his reasonable limits, in order to avoid or minimize any damage.
§ 11 Jurisdiction and place of performance
The place of performance in relation to business people, legal persons under public law or special funds under public law is exclusively the registered office of the bus company.
- 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.
- If the purchaser does not have a general place of jurisdiction in Germany or if he moves his domicile or habitual residence abroad after the conclusion of the contract or if his domicile or habitual residence is not known at the time the legal action is brought, 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
§ 12 Invalidity of individual provisions
- The invalidity of individual provisions of the contract including these General Terms and Conditions for the rental bus traffic does not result in the invalidity of the entire contract.
Munich city tours oHG, Heidemannstr. 220, 80939 Munich