GENERAL TERMS AND CONDITIONS FOR BUS CHARTER OF ELITE TRAFFIC GMBH
Terms and conditions of Elite Traffic GmbH for the rental of buses and coaches
Dear customer,
The following Rental Bus Terms and Conditions, hereinafter abbreviated to “MOB”, shall become part of the contract concluded between us, the company Elite Traffic GmbH, hereinafter referred to as “BU” and abbreviated to “BU”, and the client, hereinafter abbreviated to “AG”, in the event that buses are hired. Please read this MOB carefully before placing an order. We recommend that you carry this MOB with you during the journey and that you inform your tour guides and other representatives as well as your passengers about the content of these contractual conditions so that they can inform themselves at all times about their rights and obligations as the Principal and their effects on the conduct of the tour guides, representatives and passengers.
1. Legal basis, scope of application of these terms and conditions
1.1 The entire legal and contractual relationships between the BU and the AG are governed primarily by the agreements made in individual cases (in particular on prices and services), insofar as these contractual conditions have been effectively agreed, and, in the alternative, by the provisions of tenancy law on the rental of movable property (Sections 535 et seq. BGB) and service contract law (Sections 611 et seq. BGB).
1.2 These terms and conditions shall apply, insofar as effectively agreed, to contracts with natural persons and groups, insofar as the contract cannot be attributed to their commercial or independent professional activity (consumers within the meaning of § 13 BGB). These terms and conditions also apply to contracts with commercial or self-employed clients, insofar as they conclude the contract in the exercise of their commercial or self-employed professional activity (entrepreneurs within the meaning of § 14 BGB).
1.3 The following contractual provisions shall only apply to entrepreneurs as the client:
a) These contractual conditions shall also apply to all future contracts between the client and the contractor, even if these contractual conditions have not been expressly agreed, referred to or declared applicable.
b) The Contractor and Client agree that for all future contracts between the Client and the Contractor in accordance with this framework agreement, pursuant to Section 651a (5) no. 3 BGB, the provisions of Sections 651a et seq. BGB (Subtitle 4) shall not apply to any travel services provided by the Client for its business purposes. They agree that the service is intended for business purposes if an invoice is issued to the client’s company.
c) The client’s general terms and conditions do not apply to the contractual relationship with the contractor, even if the client has declared them applicable and even if the contractor does not object to these conditions.
1.4 The mandatory statutory provisions, in particular of commercial law and passenger transport law, as well as applicable provisions from European Union regulations (in particular the Passenger Rights Regulation), which are applicable to the contractual and legal relationship between the client and the contractor, remain unaffected by these contractual provisions.
2. Conclusion of contract
2.1. Der AG kann sein Interesse an der Anmietung eines Busses mündlich, telefonisch, schriftlich, per E-Mail, per Telefax und – soweit das BU dies auf seiner Internetseite vorsieht – online mit einem entsprechenden Anfrageformular übermitteln.
2.2. Das BU unterrichtet den AG auf der Grundlage der übermittelten Angaben über die zur Verfügung stehenden Fahrzeuge, die Preise, Leistungen und sonstigen Konditionen. Diese Unterrichtung stellt noch kein verbindliches Vertragsangebot des BU an den AG dar. Gleichzeitig unterrichtet das BU den AG über die Form einer eventuellen Auftragserteilung.
2.3. Mit der Auftragserteilung bietet der AG dem BU den Abschluss eines Mietvertrages verbindlich an. Soweit in der Unterrichtung des BU über die Vertragskonditionen keine bestimmte Form ausdrücklich vorgegeben ist, kann die Auftragserteilung mündlich, schriftlich, telefonisch, per E-Mail, per Telefax oder – soweit vom BU so vorgesehen – online erfolgen.
2.4. Wird seitens des BU die Möglichkeit einer verbindlichen Onlinebuchung über die Internetseite des BU angeboten, so informiert das BU den AG im Internetauftritt über die einzelnen Schritte zur verbindlichen Buchung und den weiteren Ablauf des Vertragsabschlusses. Die Onlinebuchung wird in diesem Fall seitens des AG durch Anklicken des Buttons „Zahlungspflichtig buchen“ in dem Sinne verbindlich, dass der AG durch Anklicken dieses Buttons dem BU ein verbindliches Vertragsangebot auf Abschluss eines Mietvertrages unterbreitet, welches im Falle der Annahme dieses Vertragsangebotes durch den BU zum zahlungspflichtigen Vertragsabschluss mit dem AG führt. Die Regelungen in Ziff. 2.5 bis 2.7 gelten für diesen Buchungsablauf entsprechend.
2.5. An das mit der Auftragserteilung erfolgende Vertragsangebot ist der AG, soweit keine andere Frist ausdrücklich vereinbart ist, 7 Werktage gebunden.
2.6. Grundlage des Vertragsangebots des AG an das BU sind die Angaben zum Fahrzeug, zu Preisen und Leistungen in der Unterrichtung über die Vertragskonditionen nach Ziff. 2.2 sowie diese Vertragsbedingungen.
2.7. Der Vertrag kommt für das BU und den AG rechtsverbindlich mit Zugang der Vertragsbestätigung des BU beim AG zu Stande.
2.8. Unterbreitet das BU, gegebenenfalls nach vorheriger Klärung der Verfügbarkeit der vom AG gewünschten oder in Aussicht genommenen Mietomnibusleistungen, ein ausdrücklich als verbindlich bezeichnetes Angebot, so kommt der Vertrag abweichend von den Regelungen in Ziff. 2.1 bis 2.3 und 2.5 bis 2.7 wie folgt zu Stande:
a) In diesem Fall stellt das Angebot des BU das verbindliche Angebot auf Abschluss eines entsprechenden Mietvertrages auf der Grundlage der in diesem Angebot bezeichneten Preise und Leistungen und dieser MOB dar.
b) Der Vertrag kommt rechtsverbindlich dadurch zu Stande, dass der AG dieses Angebot ohne Erweiterungen, Einschränkungen oder sonstige Änderungen in der vom BU vorgegebenen Form annimmt und dem BU diese Annahmeerklärung innerhalb einer gegebenenfalls vom BU vorgegebenen Frist zugeht. Das BU ist berechtigt, aber nicht verpflichtet, verspätet eingehende Annahmeerklärungen anzunehmen. Es wird davon den AG unverzüglich unterrichten.
c) Das BU wird dem AG den Eingang seiner Annahmeerklärung bestätigen. Der Vertrag ist in diesem Fall jedoch rechtsverbindlich bereits mit Eingang der Annahmeerklärung des AG beim BU abgeschlossen und die Rechtsverbindlichkeit des Vertrages damit nicht vom Zugang dieser Eingangsbestätigung beim AG abhängig.
2.9. Bei Gruppen, Behörden, Vereinen, Institutionen und Firmen ist Auftraggeber und Vertragspartner des BU ausschließlich die jeweilige Gruppe, Behörde usw., bzw. der jeweilige Rechtsträger, soweit die Auftragserteilung nicht ausdrücklich für eine andere natürliche oder juristische Person oder Personenmehrheit als AG erfolgt oder sich aus den Umständen ergibt, dass die Auftragserteilung in deren Namen erfolgen soll.
Die Person, welche für eine Gruppe, Behörde, einen Verein, eine Institution oder eine Firma den Auftrag erteilt, hat für die Verpflichtungen des AG, für den sie handelt, wie für ihre eigenen Verpflichtungen einzustehen, soweit sie diese besondere Einstandspflicht durch ausdrückliche und gesonderte Erklärung übernommen hat oder nach den gesetzlichen Bestimmungen (§ 179 BGB) als Vertreter ohne Vertretungsmacht gehandelt hat.
2.10. Das BU weist darauf hin, dass nach den gesetzlichen Vorschriften (§ 312g Absatz 2 Satz 1 Nummer 9 BGB), auch wenn der Vertrag im Wege des Fernabsatzes geschlossen wurde, kein Widerrufsrecht besteht. Die übrigen gesetzlichen Rücktritts- und Kündigungsrechte des AG bleiben davon unberührt.
3. Services and scope of the contractor’s contractual obligations, time-critical transportation, seat assignment
3.1 The BU‘s obligation to perform consists of the rental of the vehicle, including the driver(s), for the transportation of persons in accordance with the contractual agreements. Legal or official regulations for the transportation of persons (in particular driving and rest periods of the driver(s)) within the meaning of Section 1.4 of these conditions must be observed at all times and are therefore part of the contract. Accordingly, the BU is not responsible for the transportation itself in the sense of a work-related success.
3.2 The occasion and/or purpose of the contractual transportation is not the basis of the contract without an explicit agreement with the BU. This applies in particular if the occasion and/or purpose is mentioned in the calculation bases. The discontinuation or change of occasion and/or purpose (in whole or in part), in particular the discontinuation or cancellation of destinations, events, visits or similar, therefore does not constitute any claim of the client to a free withdrawal from the contract, a termination, a price reduction or other adjustments to the contract.
3.3 If the contractually agreed use of the bus is for the timely achievement of goals or events, the following applies:
a) The BU plans the time required and the resulting departure time, taking into account the routing, weather, driving times and necessary breaks.
b) It is the responsibility of the client, in particular if the client is an entrepreneur and in particular if the client has relevant experience with the destination, event and/or route, to provide the contractor with relevant information and concerns regarding the planned route or time requirements in a timely manner.
c) Insofar as the contractor does not violate any contractual or legal obligations, the contractor is not liable for timely arrival at the destination or event. Any costs incurred by the client or his passengers due to the delay shall be borne by the client.
d) If the contractor takes measures to avoid delays or as a result of them, as instructed or in agreement with the client or his representative (e.g. communication, use of additional drivers, use of alternative means of transport), the client shall reimburse the contractor for the corresponding expenses.
3.4 The SU‘s obligation to perform does not include supervising passengers. In the case of the carriage of minors, the SU in particular does not assume any contractual duty of supervision.
3.5 The following applies to the SU’s obligation to perform with regard to disabled persons or persons with reduced mobility:
a) The SU is only obliged to provide assistance and care if this has been expressly agreed or is legally mandatory.
b) The client is obliged to inform the contractor before the contract is concluded about the expected number of people in need of assistance and to provide precise details of their limitations and assistance needs; the information must be supplemented and specified in good time before the start of the trip. If a significant increase in the number of persons requiring assistance compared to the information provided before the contract was concluded makes it necessary to use a different bus, additional drivers or other special measures, the client shall pay a special fee for this in addition to the agreed remuneration.
3.6 The BU is not obliged to supervise items that the AG or his passengers leave in the passenger compartment of the vehicle; similarly, the BU is not obliged to supervise luggage during loading and unloading. This does not affect claims of the client and his passengers due to breach of duty by the contractor and/or the driver with regard to the proper parking and locking of the bus and the luggage compartments, as well as any technical defects of the bus in this regard.
3.7 Unless otherwise expressly agreed, the following applies to information and provisions in connection with the trip, especially for trips abroad:
a) The BU is not obliged to provide the AG or his passengers with information on visa, entry, foreign exchange and customs regulations. The AG is responsible for observing these provisions, complying with them and procuring the necessary documents, permits and records. He is obliged to urge his passengers to comply with the provisions and to carry the relevant documents, identification papers and documents.
b) The BU does not owe the AG any information on legal consequences that arise from renting the bus, the occasion, the destination, the purpose and the execution of the trip. In particular, it is the sole responsibility of the client to check whether, by placing the order with the contractor and/or by carrying out the trip, he will become the legal status of a package tour operator or whether the trip will in any other way give rise to the client’s own contractual or legal obligations towards his passengers. The client is solely responsible for complying with the relevant regulations.
c) Without express agreement with the client, the CP is not obliged to take out insurance policies in favor of the client or his passengers beyond the insurance policies for which he is responsible under the statutory provisions, or to refer to such insurance policies. This applies in particular to travel cancellation insurance, travel interruption insurance or insurance to cover the costs of repatriation in the event of accident or illness.
3.8 Within the framework of the applicable statutory provisions (in particular compliance with the provisions of the BUregarding bus transportation of disabled persons or persons with limited mobility), the allocation of specific seats on the bus and the contractual agreements with the passengers in this regard are exclusively at the discretion and within the scope of responsibility of the AG.
3.9 The BU, its drivers or other agents shall not be obliged to organize, implement and ensure the allocation of specific seats without an express contractual agreement to this effect; in particular, there shall be no obligation to provide information or instructions to passengers in this regard.
3.10. However, the BU, its drivers or other agents are entitled to change seat assignments made by the AG or its agents, in particular to assign passengers seats other than those intended or agreed with the AG if this is necessary to fulfill legal obligations (in particular with regard to disabled passengers or passengers with limited mobility) or for safety reasons. This shall also apply if such seat allocation is a measure taken for the reasons stated in Section 10.5 a) to f) instead of excluding carriage.
4. Changes in performance, changes regarding the vehicle used
4.1 Changes to essential contractual services, in particular a change to the intended vehicle type, which become necessary after the contract has been concluded and have not been brought about by the BU in bad faith, are only permitted if the changes are not significant and do not impair the purpose of the contract.
4.2 Any warranty claims remain unaffected if the changed services are defective.
4.3 The agent shall be obliged to inform the client of any significant changes to the services without delay after becoming aware of the reason for the change.
4.4 In the event of a significant change to an essential contractual service, the client shall be entitled to withdraw from the contract free of charge. The client shall assert this right against the agent without delay after the agent has declared the significant change to the contractual services.
4.5 If, due to a unilateral request for change by the client, for which the client has no contractual or legal claim, or due to corresponding agreements in the contract or after conclusion of the contract, a reduction in seating capacity, inclusive kilometers, contract duration or other essential contractual services is carried out, the contractor is entitled to use a vehicle other than the one specified in the contract, or a maximum of two other or smaller vehicles instead of one vehicle if necessary. These vehicles may differ in quality from the contractually agreed vehicle in terms of type and equipment. Any claims for reduction on the part of the client in the event of such substitute use remain unaffected.
4.6 The provision in Section 4.5 shall apply accordingly if the use of a contractually intended vehicle has become impossible due to circumstances beyond the control and responsibility of the BU. These include, in particular, cancellation due to force majeure or unavoidable, extraordinary circumstances (weather damage, theft, vandalism) as well as damage caused by motor vehicle accidents for which the BU or its agents or assistants are not responsible.
5. Prices, payment
5.1 Unless otherwise agreed or unless the conditions for a price increase are met in accordance with section 6 of these terms and conditions, the rental price agreed at the time of conclusion of the contract shall apply.
5.2 The agreed rental price includes the costs of fuel, oil and other operating materials and the personnel costs for the driver(s) in accordance with the agreed rental/operating time and the agreed inclusive mileage. Other additional and ancillary costs, in particular toll and parking fees, shall be borne by the Client. The Contractor shall inform the Client, as far as possible, before the conclusion of the contract about the type and the expected amount of such additional and ancillary costs. If accommodation and meal costs for the driver are not included in the price, the Contractor shall point this out to the Client before the conclusion of the contract (in particular in the offer).
5.3 Additional costs incurred due to changes in performance or deviations from the calculation bases will be charged additionally. If no agreement has been reached on additional kilometers or an extension of the rental period, the additional costs will be calculated in proportion to the original agreement. If the inclusive kilometers and rental period are exceeded at the same time, only the higher amount of the overruns will be charged. Extensions of the rental period at the request of the Client are only possible with the express consent of the Contractor.
5.4 Invoices are due for payment upon receipt without deduction. Payment methods other than in cash or by bank transfer are only possible if this has been expressly agreed in advance. Payments in foreign currencies are expressly excluded.
5.5 Transfers, especially from abroad, must be made free of costs and expenses.
5.6 The timeliness of payments shall be determined by the date on which the amount is credited to the account of the BU.
5.7 If advance payments have been agreed, the following shall apply: provided that the BU is willing and able to provide the contractual services and that there is no statutory or contractual right of retention on the part of the AG, the AG shall be entitled, after issuing a reminder and setting a deadline, to withdraw from the contract and to charge the AG with withdrawal costs in accordance with Section 7 of these terms and conditions.
5.8 If the client is in default of payment to the contractor with undisputed claims for payment from earlier contracts or due to statutory claims for payment of the contractor, the contractor can refuse to provide the contractual services from later orders until the undisputed claim, including default interest, dunning costs, court and legal fees, has been paid in full. The client may make the payment to avoid the contractor’s right of retention under the proviso of reclaim. If there is a delay in payment with disputed contractual or legal payment claims, the Contractor can refuse contractual services from later contracts, provided that the Client does not first provide security in the form of an unconditional, irrevocable and directly enforceable bank guarantee or by depositing the amount in an escrow account of a lawyer or notary public designated by the Contractor.
6. Price increase
6.1 Unless otherwise agreed in individual cases, the BU is entitled to demand a price increase of up to 10% of the contractually agreed price in the event of an increase in fuel costs, personnel costs, taxes and duties, provided that this increase affects the agreed rental price.
6.2 An increase is only permissible if there are more than 4 months between the conclusion of the contract and the contractually agreed start of the transportation service and the circumstances leading to the increase had not yet occurred before the contract was concluded and could not be foreseen by the BU when the contract was concluded. The BU must inform the AG immediately after becoming aware of the reason for the increase, assert the increase and provide evidence of the reason for the increase.
6.3 In the event of a permissible increase that exceeds 3% of the agreed basic rent, the client may withdraw from the contract without any payment obligation to the contractor. The declaration of withdrawal does not require any particular form and must be declared to the contractor immediately after receipt of the increase request. However, to avoid misunderstandings, the client is recommended to use the text form for the declaration of withdrawal.
7. Withdrawal and termination by the client
7.1 The following provisions shall only apply if nothing to the contrary has been agreed between the BU and the AG in individual cases. Rights of withdrawal based on commercial practice are expressly excluded.
7.2 Without an explicit agreement to this effect, the client is not entitled to demand a unilateral reduction or change in seating capacity, operating time, contract duration, inclusive kilometers, the contractually specified vehicle type or other essential contractual services. If the contractor agrees to such changes, it is entitled to the rights under Section 4.5 of these contractual conditions. A claim for a reduction of the agreed rental price shall only be considered in accordance with Section 4.5 in the event of a substitute vehicle being used.
7.3 The client may withdraw from the contract at any time prior to the commencement of services. Contractual partners who are merchants or legal entities under private or public law must declare any withdrawal in writing or in electronic text form. Other clients are strongly advised to declare their withdrawal in writing or in electronic text form.
7.4 In the event of a withdrawal, the BU shall endeavor, within the scope of its ordinary business operations and without any obligation to make special efforts, to use the contractually agreed bus or contractually agreed transport capacities for other purposes.
7.5 The BU shall allow the income from any other use to be offset against the claim for remuneration. If it is not possible to use the bus or contractually agreed transport capacities for other purposes, the BU shall remain entitled to payment of the full rental price. However, the BU shall allow any expenses saved to be offset.
7.6 The BU has this claim for compensation staggered over time, i.e. taking into account the proximity of the time of withdrawal to the contractually agreed start of the journey in a fixed or percentage ratio to the agreed fare.
7.6.1 Taking into account the time of receipt of the AG‘s declaration of withdrawal by the BU, the following flat rates are set as compensation:
(1) For services in the period from 01.05. to 30.06. and from 01.09. to 31.10.
a) Up to 2 days before the planned transportation: 80% of the contractually agreed remuneration,
b) Up to 13 days before the planned transportation: 60% of the contractually agreed remuneration,
c) Up to 27 days before the planned transportation: 30% of the contractually agreed fee,
d) More than 28 days before the planned transportation: €50 plus 19% VAT.
(2) For services provided during the rest of the year
a) Up to 2 days before the planned transportation: 70% of the contractually agreed fee,
b) Up to 13 days before the planned transportation: 40% of the contractually agreed remuneration,
c) More than 28 days before the planned transportation: €50 plus 19% VAT.
Any special services are excluded from the cancellation scale.
7.7 The client expressly reserves the right to prove to the contractor that the contractor has incurred no or only a significantly lower loss and/or that the expenses saved were significantly higher than the flat-rate deduction of 30%. The client also reserves the right to prove that the contractor has made other use of the unused contractual services (in particular, other use of the bus) or has refrained from doing so without justifiable cause. In the event of such evidence, the client shall pay no or only a correspondingly lower compensation.
7.8 The claim of the BU shall only exist if the BU was prepared and able to provide the contractually owed services at the time of withdrawal and the non-use is not based on a circumstance for which the BU is responsible. There is also no entitlement to compensation if the withdrawal is due to the fact that the contractor has made or announced significant changes to the services that are not reasonable for the client under the contractual provisions.
8. withdrawal and termination by BU
8.1 In addition to the case of default of payment by the client as set out in these terms and conditions, the BU may
- withdraw from the contract before departure
- or terminate the contract after the start of services (departure),
a) if extraordinary circumstances beyond its control make it impossible to provide the service. In this case, the client may only demand reimbursement of the necessary expenses incurred in direct connection with the vehicle order. The client is obliged to provide evidence of the expenses incurred.
b) if the client, despite a corresponding warning from the contractor, significantly violates contractual or legal obligations or if such violations of duty can objectively be expected and if such violations of duty are objectively likely to significantly endanger, impede or impair the proper provision of the contractual services by the contractor. The BU is only entitled to withdraw from or terminate the contract if the BU cannot reasonably be expected to adhere to the contract due to the breach of duty, even taking into account the AG’s interests in the performance of the contract.
c) if the client and/or their agents and/or passengers violate safety or health regulations or otherwise objectively endanger the safety of the bus, the driver, the passengers or other road users or other third parties,
d) if the provision of the service is significantly impeded, endangered or impaired by force majeure or by unavoidable and unforeseeable circumstances such as war or war-like 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 it is not responsible,
8.2. In the event of withdrawal or termination in accordance with Section 8.1 lit. b) and c), the SU‘s claim to the agreed remuneration shall remain in force. The provisions in Sections 7.5 to 7.7 shall apply accordingly.
8.3 In the event of termination of the BU after departure for the reasons stated in Section 8.1 lit. d), the BU is obliged, at the request of the AG, to return the passengers, whereby a claim for return transport exists only with a bus. The obligation to provide return transportation shall lapse if and to the extent that return transportation is impossible for the BU or unreasonable, also taking into account the interests of the AG and/or its participants. If such termination results in additional costs for return transportation as such, these shall be borne equally by the AG and the BU. Other additional costs, in particular costs for additional meals or accommodation (lodging) for the client’s passengers, shall be borne by the client.
8.4 If the Contractor terminates the contract for the reasons stated in Section 8.1 d), it shall be entitled to reasonable compensation for the services already provided. For the remaining days of the original rental period after termination, Section 7.5 et seq. shall apply accordingly.
9. Limitation of the liability of the BU
9.1 The liability of the BU for contractual claims is, except for liability for property damage, for which Section 9.2 applies, limited to ten times the rental price. This limitation of liability does not apply to
a) for damages resulting from injury to life, limb or health that are based on a negligent breach of duty by the BU or an intentional or negligent breach of duty by a legal representative or vicarious agent of the BU,
b) for claims arising from other damages that are based on a grossly negligent breach of duty by the BU or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the BU,
c) for typical and foreseeable damages arising from the negligent breach of primary obligations of the contractor.
9.2 § 23 PBefG remains unaffected. Liability for property damage is excluded if the damage per item of transported baggage exceeds €1,000 and is not based on intent or gross negligence.
10. Duties and liability of the client, his employees and passengers, complaints
10.1 The client is responsible for the behavior of his passengers during the transportation.
10.2 Instructions of the driver or other employees of the contracting entity are to be followed by the client, his tour guides or other representatives and his passengers,
a) to the extent that these instructions relate to the implementation of and compliance with legal regulations in Germany and abroad, in particular to compliance with safety regulations and entry regulations,
b) to the extent that such instructions are objectively justified in order to enable or ensure an orderly course of the trip,
c) to the extent that the instructions serve to prevent or stop unreasonable impairments to the driver and/or passengers.
10.3 The client shall be liable, if necessary jointly and severally with his passengers, tour guides or representatives, for property or pecuniary damage to the contractor caused by his passengers, tour guides or representatives, in particular damage to the vehicle, insofar as the client’s breach of his own contractual or legal obligations has caused or contributed to the occurrence of the damage and the client does not prove that that neither he nor his passengers, tour guides or agents are responsible for the damage.
10.4. In accordance with § 21 StVO, prescribed seat belts must be worn while driving. Seats may only be left briefly. Every passenger is obliged to maintain a firm hold on the vehicle at all times, especially when leaving their seat, even for a short period. The Client shall ensure that passengers comply with these safety regulations, in particular by providing appropriate explicit written or verbal information to its passengers and by instructing its tour guides or other representatives accordingly.
10.5 Passengers who, despite being admonished, fail to follow the objectively justified instructions – in particular those in accordance with the present provisions – of the driver or other agents of the Contracting Party, may be excluded from carriage and ordered off the bus if, as a result of their failure to follow the instructions,
a) a violation of legal regulations at home or abroad occurs or continues,
b) safety regulations are violated,
c) the safety of the passengers is objectively endangered or impaired even without a violation of safety regulations,
d) a proper execution of the journey is objectively significantly impeded, endangered or impaired,
e) the passengers are significantly impaired in an unreasonable manner
f) for other significant reasons, further carriage is objectively unreasonable for the BU, even taking into account the interests of the affected passenger in further carriage.
10.6 In the event of justified exclusion from carriage, the AG shall have no claim to return carriage or recourse claims against the BU.
10.7 Complaints regarding the manner in which the trip is carried out and/or the vehicle used and/or the driving style or behavior of the driver or other agents, as well as regarding the deficiencies of other contractual services of the contractor, shall initially be addressed to the driver or other agents of the contractor. The client shall urge its tour guides or other responsible agents to report complaints to the contractor’s driver or other agents, regardless of whether the passengers themselves have or have not already made such complaints.
10.8 The driver or other agents of the contractor are obliged and entitled to remedy justified complaints. They are entitled to refuse to remedy the situation if this remedy is not possible or only possible with disproportionate effort. In the event of such a refusal to remedy the situation, the client’s claims, in particular for a price reduction or compensation, remain unaffected.
The client is obliged to cooperate in remedying service disruptions within the bounds of what is reasonable for him in order to avoid possible damage or to keep it as low as possible. He must urge his tour guides or other representatives to behave appropriately before the start of the trip.
11. Limitation
11.1. Contractual claims of the client arising from injury to life, limb or health, which are based on an intentional or negligent breach of duty by the contractor or a legal representative or vicarious agent of the contractor, shall become time-barred in three years. This shall also apply to claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by the BU or a legal representative or vicarious agent of the BU.
11.2. All other contractual claims shall become time-barred after one year.
11.3 The limitation period in accordance with sections 11.1 and 11.2 shall commence at the end of the calendar year in which the claim arose, but not earlier than at the time when the client became aware of the reason for the claim and the business as the opposing party to the claim, or should have become aware of it had it not acted with gross negligence. If the last day of the period falls on a Sunday, a state-recognized general holiday or a Saturday, the next business day shall take the place of such a day.
11.4 If negotiations are in progress between the client and the contractor regarding the claim or the circumstances giving rise to the claim, the limitation period shall be suspended until the client or the contractor refuses to continue the negotiations. The limitation period shall be no earlier than three months after the end of the suspension.
11.5 The above provisions shall not affect mandatory statutory limitation rules, in particular those arising from the liability of the Contractor or its agents (in particular the driver) under the liability provisions of road traffic, motor vehicle and passenger transport law. This shall only apply to Clients who are entrepreneurs to the extent that deviating agreements are not permitted with them either.
12. Special regulations in connection with pandemics (in particular the coronavirus)
12.1 The parties agree that the agreed rental bus services shall always be provided by the BU in compliance with and in accordance with the official requirements and conditions applicable at the respective time of performance.
12.2 The parties expressly agree that, within the scope of this agreement, a right of termination due to force majeure or unreasonable changes in performance due to official requirements for the execution of travel is excluded.
12.3 The Client agrees to observe reasonable rules or restrictions on the use of the Contractor’s services and to instruct all passengers to notify the Contractor’s office and the driver immediately if typical symptoms of the disease occur.
12.4 The contract is expressly agreed under the reservation of withdrawal by the contractor, that the transportation of the number of persons, which corresponds to the contractually agreed maximum number of seats (without express agreement, the maximum permitted capacity of seats without driver and tour guide seat of the agreed bus) , the official requirements for the rental bus trip apply for the entire agreed rental period.
13. Information on consumer dispute resolution
BU does not participate in voluntary consumer dispute resolution. If consumer dispute resolution were to become mandatory for BU after these contractual conditions went to print, BU will inform consumers of this in an appropriate manner. BU refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all contracts concluded by electronic means in accordance with section 2.4.
14. Choice of law and place of jurisdiction
14.1 The contractual relationship between the client and the business is subject exclusively to German law. This also applies to the entire legal relationship.
14.2 Insofar as German law is not applied to the liability of the business in the event of legal action against the businessabroad by the client, German law applies exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of claims by the client.
14.3 The client may only sue the contractor at the contractor’s registered office.
14.4 For lawsuits filed by the contractor against the client, the client’s place of residence/registered office shall be decisive. For lawsuits against the client who is a merchant, a legal entity under public or private law, or a person or company whose place of residence/business or usual place of abode is abroad, or whose place of residence/business or usual place of abode is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the registered office of the client.
14.5 The above provisions shall not apply
a) if and to the extent that the provisions of international agreements that are not subject to contractual waiver and that are applicable to the contract between the Client and the Contractor provide otherwise in favor of the Client, or
b) if and to the extent that the provisions applicable to the contract that are not subject to contractual waiver in the EU member state of which the Client is a member are more favorable to the Client than the following provisions or the corresponding German regulations.
Copyright protected; Noll | Hütten | Dukic Rechtsanwälte, Munich | Stuttgart, 2021
Tour operator:
Elite Traffic GmbH
Lehfeld 17
21029 Hamburg
Telephone: 040 / 227 45 40
Fax: 040 / 227 45 420
E-Mail: info@elitebus.de
Online: www.en.elitebus.de
Managing directors: Göran Mellström, Holger Maas
Commercial register: Hamburg Bergedorf Local Court; HRB 30581
Bank details: SEB Hamburg; IBAN: DE46 2002 0200 0036 5360 43; BIC: ESSEDEFFHAM
