GENERAL TERMS AND CONDITIONS FOR BUS CHARTER OF ELITE TRAFFIC GMBH
Terms and conditions of Elite Traffic GmbH for the chartering of buses and coaches
Dear customers,
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 the “bus company” and abbreviated to “BU“, and the client, hereinafter abbreviated to “AG“, in the event of the rental of buses and coaches. 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 agents 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, agents and passengers.
1. Legal basis, scope of application of these terms and conditions
1.1 The entire legal and contractual relationship between the BU and the CL shall be governed primarily by the agreements made in the individual case (in particular regarding prices and services) and, if effectively agreed, by these contractual terms and conditions and, alternatively, 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 contractual terms and conditions 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 Section 13 BGB). These contractual 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 Section 14 BGB).
1.3 The following contractual provisions shall only apply to entrepreneurs as clients:
a) These contractual terms and conditions shall also apply to all future contracts of the Principal with the BU, even if these contractual terms and conditions have not been expressly agreed, referred to or declared applicable.
b) BU and CL agree for all future contracts of the CL with BU in accordance with § 651a Para. 5 No. 3 BGB with this framework agreement that the provisions of §§ 651a ff. BGB (Subtitle 4) are not applicable to all travel services of the CL for its business purposes. The Principal and the BU agree that the service is intended for business purposes if an invoice is issued to the Principal’s company.
c) The client’s general terms and conditions shall not apply to the contractual relationship with the BU, even if they have been declared applicable by the client and even if the BU does not object to these terms and conditions.
1.4. Mandatory statutory provisions applicable to the contractual and legal relationship between the Principal and the BU, in particular those of commercial law and passenger transportation law, as well as applicable provisions of European Union regulations (in particular the Passenger Rights Regulation), shall remain unaffected by these contractual provisions.
2. Conclusion of contract
2.1 The Principal may express its interest in hiring a bus orally, by telephone, in writing, by e-mail, by fax and – insofar as the BU provides for this on its website – online using a corresponding inquiry form.
2.2 On the basis of the information provided, BU shall inform the Principal of the available vehicles, prices, services and other conditions. This information shall not yet constitute a binding contractual offer from the BU to the CL. At the same time, the BU shall inform the CL of the form of any order placement.
2.3 By placing the order, the Principal makes a binding offer to the BU to conclude a rental agreement. If no specific form is expressly stipulated in the BU’s notification of the contractual conditions, the order may be placed verbally, in writing, by telephone, by e-mail, by fax or – if so provided by the BU – online.
2.4 If the BU offers the option of a binding online booking via the BU’s website, the BU shall inform the client on the website about the individual steps for a binding booking and the further procedure for concluding the contract. In this case, the online booking shall become binding on the part of the client by clicking on the button “Book with obligation to pay” in the sense that by clicking on this button the client submits a binding contractual offer to the BU to conclude a rental contract, which, if this contractual offer is accepted by the BU, leads to the conclusion of a contract with the client with obligation to pay. The provisions in sections 2.5 to 2.7 apply accordingly to this booking process.
2.5 Unless another period is expressly agreed, the client shall be bound to the contract offer made when the order is placed for 7 working days.
2.6 The basis of the contractual offer of the Principal to the BU shall be the information on the vehicle, prices and services in the information on the contractual conditions pursuant to Section 2.2 as well as these contractual conditions.
2.7 The contract shall become legally binding for the BU and the Principal upon receipt of the BU’s contract confirmation by the Principal.
2.8 If the BU submits an offer that is expressly designated as binding, if applicable after prior clarification of the availability of the rental bus services requested or envisaged by the Principal, the contract shall be concluded as follows, in deviation from the provisions in Sections 2.1 to 2.3 and 2.5 to 2.7:
a) In this case, the BU’s offer shall constitute the binding offer to conclude a corresponding rental agreement on the basis of the prices and services specified in this offer and these MOB.
b) The contract shall be legally binding if the client accepts this offer without extensions, restrictions or other changes in the form specified by the BU and the BU receives this declaration of acceptance within a period specified by the BU, if applicable. The BU is entitled, but not obliged, to accept declarations of acceptance that are received late. It shall inform the client of this without delay.
c) The business unit shall confirm receipt of its declaration of acceptance to the client. In this case, however, the contract is already legally binding upon receipt of the client’s declaration of acceptance by the business unit and the legal validity of the contract is therefore not dependent on receipt of this confirmation of receipt by the client.
2.9 In the case of groups, authorities, associations, institutions and companies, the BU’s client and contractual partner is exclusively the respective group, authority, etc., or the respective legal entity, unless the order is expressly placed for another natural or legal person or majority of persons as the CL or it is clear from the circumstances that the order is to be placed in their name. The person placing the order on behalf of a group, authority, association, institution or company shall be liable for the obligations of the Principal for whom it is acting as for its own obligations, insofar as it has assumed this special obligation to assume liability by express and separate declaration or has acted as a representative without power of representation in accordance with the statutory provisions (Section 179 BGB).
2.10 BU points out that according to the statutory provisions (Section 312g (2) sentence 1 no. 9 BGB), there is no right of withdrawal, even if the contract was concluded by means of distance selling. The Client’s other statutory rights of withdrawal and termination remain unaffected.
3. Services and scope of the BU’s contractual obligations, scheduled transportation, seat allocation
3.1 The BU’s obligation to perform consists of the rental of the vehicle, including the driver(s), for the transportation of passengers in accordance with the contractual agreements. Statutory or official regulations on passenger transportation (in particular driving and rest periods of the driver(s)) within the meaning of Section 1.4 of these Terms and Conditions shall be complied with at all times and accordingly form part of the contract. Accordingly, the BU does not owe the transportation itself in the sense of a contractual success.
3.2 The reason for and/or the purpose of the contractual transportation shall not form the basis of the contract without an express agreement to this effect with the BU. This also applies in particular if the reason and/or purpose is stated in the calculation basis. The omission or change of the occasion and/or purpose (in whole or in part), in particular the omission or cancellation of destinations, events, visits or the like, shall therefore not give rise to any claim by the Principal to a free withdrawal from the contract, a termination, a price reduction or other adjustments to the contract.
3.3 If the contractually owed use of the bus serves to reach destinations or events on a fixed date, the following shall apply:
a) The BU shall plan the time required and the resulting departure time, taking into account the route, weather conditions, driving times and necessary breaks.
b) It shall be incumbent upon the Principal, in particular if the Principal is an entrepreneur, and in particular if the Principal has relevant experience with the destination, the event and/or the route, to provide the BU with relevant information and concerns regarding the planned routing or the time required in good time.
c) Insofar as the BU is not in breach of any contractual or statutory obligations, the BU shall not be liable for reaching the destination or the event on time. Any costs incurred by the client or its passengers as a result of the delay shall be borne by the client.
d) If the business unit takes measures to avoid delays or as a consequence of delays in accordance with instructions or in agreement with the client or its representatives (e.g. communication, use of additional drivers, use of alternative means of transportation), the client shall reimburse the business unit for the corresponding expenses.
3.4 The BU’s obligation to perform does not include the supervision of passengers. In particular, BU shall not assume any contractual duty of supervision when transporting minors.
3.5 The following applies to BU’s obligation to provide services for disabled persons or persons with reduced mobility:
a) Assistance and care services are only owed by BU if this has been expressly agreed or is legally obligatory.
b) The Principal is obliged to inform the BU of the expected number of persons in need of assistance before the contract is concluded and to provide precise information about their limitations and assistance needs; the information must be supplemented and specified in good time before the start of the journey. If a significant increase in the number of persons in need of assistance compared to the information provided prior to the conclusion of the contract necessitates the use of another bus, additional drivers or other special measures, the Principal shall pay a special fee for this in addition to the agreed remuneration.
3.6 The BU shall have no obligation to supervise items left behind by the Principal or its passengers in the passenger compartment of the vehicle; likewise, the BU shall have no obligation to supervise luggage during loading and unloading. This shall not affect claims of the Principal and its passengers due to breaches of duty by the BU and/or the driver with regard to the proper parking and locking of the bus and the luggage compartments as well as technical defects of the bus in this respect.
3.7 Unless expressly agreed otherwise, the following shall apply to information and provisions in connection with the journey, in particular for journeys abroad:
a) The BU is not obliged to provide the CL or its passengers with information on visa, entry, foreign exchange and customs regulations. The Principal is responsible for observing these regulations, complying with them and obtaining the necessary documents, permits and records. He is obliged to urge his passengers to comply with the regulations and to carry appropriate documents, identity papers and documents.
b) The BU does not owe the CL any information on legal consequences resulting from the rental of the bus, the occasion, the destination, the purpose and the execution of the journey. In particular, it is the sole responsibility of the Principal to check whether, by placing the order with the BU and/or carrying out the journey, it assumes the legal status of a package tour operator or whether the Principal’s own contractual or legal obligations towards its passengers are established in any other way with regard to the journey. The Principal itself is exclusively obliged to comply with the relevant regulations.
c) Unless expressly agreed with the Principal, the BU shall not be obliged to take out insurance for the benefit of the Principal or its passengers over and above the insurance it is obliged to take out in accordance with statutory provisions or to refer to such insurance. 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 applicable statutory provisions (in particular the observance of regulations by BU regarding bus transportation of disabled persons or persons with reduced mobility), the allocation of certain seats on the bus and contractual agreements with passengers in this regard are exclusively at the discretion and within the sphere of responsibility of the Principal.
3.9 BU, its drivers or other agents are under no obligation to organize, implement and ensure certain seat assignments without an express contractual agreement to this effect; in particular, there is no obligation to inform or instruct passengers in this regard.
3.10 However, the BU, its drivers or other agents are entitled to change seat assignments of the CL or its agents, in particular to assign binding seats to passengers other than those intended or agreed with the CL, if this is necessary due to the fulfillment of legal obligations (in particular towards disabled passengers or passengers with reduced mobility) or for safety reasons. This also applies if such seat assignment is a measure taken instead of exclusion from transportation for the reasons stated in Clause 10.5 a) to f).
4. Changes to services, changes to the vehicle used
4.1 Changes to essential contractual services, in particular a change to the intended vehicle type, which become necessary after conclusion of the contract and were not brought about by BU contrary to good faith, are only permitted insofar as the changes are not significant and do not impair the purpose of the contract.
4.2 Any warranty claims shall remain unaffected if the modified services are defective.
4.3 BU shall be obliged to inform CL of significant changes to services immediately 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 Customer shall assert this right against the BU immediately after the BU’s declaration of the significant change to the contractual services.
4.5 If, due to a unilateral change request by the Principal, for which the Principal has no contractual or legal claim, or due to corresponding agreements in the contract or after conclusion of the contract, the seating capacity, the inclusive kilometers, the duration of the contract or other essential contractual services are reduced, the BU shall be entitled to use a vehicle other than the one provided for in the contract, if necessary instead of one vehicle, a maximum of two other or smaller vehicles. These vehicles may differ from the contractually agreed vehicle in terms of type and equipment. Any claims for reduction on the part of the Principal in the event of such substitute use shall remain unaffected.
4.6 The provision in Clause 4.5 shall apply accordingly if the use of a contractually agreed vehicle has become impossible due to circumstances that lie outside the BU’s sphere of risk and control. These include, in particular, failure due to force majeure or unavoidable, extraordinary circumstances (weather damage, theft, vandalism) as well as damage due to motor vehicle accidents for which BU or its vicarious agents are not responsible.
5. Prices, payment
5.1 The rental price agreed upon conclusion of the contract shall apply, unless otherwise agreed or unless the conditions for a price increase pursuant to Section 6 of these Terms and Conditions are met.
5.2 The agreed rental price includes the costs for 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 tolls and parking fees, shall be borne by the Principal. As far as possible, the BU shall inform the CL of the nature and expected amount of such additional and ancillary costs prior to conclusion of the contract. If accommodation and catering costs for the driver are not included in the price, the BU shall inform the CL of this prior to conclusion of the contract (in particular in the offer).
5.3 Additional costs incurred due to changes in services or deviations from the calculation basis shall be charged additionally. If no agreement has been reached on additional kilometers or the extension of the rental period, the additional costs shall be charged pro rata to the original agreement, whereby if the inclusive kilometers and rental period are exceeded at the same time, only the higher amount of the overruns shall be charged. Extensions of the rental period at the request of the Principal are only possible with the express consent of the BU.
5.4 Invoices are payable upon receipt without deduction. Payment methods other than cash or 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 charges.
5.6 The timeliness of payments shall be determined by the date on which they are credited to BU’s account.
5.7 If advance payments have been agreed, the BU shall be entitled to withdraw from the contract after issuing a reminder and setting a deadline, provided that it is willing and able to provide the contractual services and the CL has no statutory or contractual right of retention, and to charge the CL with withdrawal costs in accordance with Section 7 of these Terms and Conditions.
5.8 If the client is in default with undisputed payment claims against the BU from earlier contracts or due to statutory payment claims of the BU, the BU may refuse to provide the contractual services from later orders until the undisputed claim, including default interest, reminder costs, court costs and legal fees, has been paid in full. The Principal may make payment to avert the BU’s right of retention subject to the right of reclaim. If there is a delay in payment with disputed contractual or statutory payment claims, BU may refuse contractual services from later contracts, unless the CL provides security in advance by means of an unconditional, irrevocable and directly enforceable bank guarantee or by depositing it in a trust account of a lawyer or notary appointed by BU.
6. Price increase
6.1 Unless otherwise agreed in individual cases, BU shall be 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 and taxes and duties, insofar as 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 commencement of the transportation service and the circumstances leading to the increase had not yet occurred prior to the conclusion of the contract and were not foreseeable for the BU at the time of the conclusion of the contract. The BU must inform the CL 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 rental price, the client may withdraw from the contract without any payment obligation to BU. The declaration of withdrawal does not require any particular form and must be declared to the BU immediately after receipt of the request for an increase. However, in order to avoid misunderstandings, it is recommended that the client submit the declaration of withdrawal in text form.
7. Withdrawal and termination by the client
7.1 The following provisions shall only apply unless otherwise agreed between the BU and the CL in individual cases. Rights of withdrawal based on commercial practice are expressly excluded.
7.2 Without an express agreement to this effect, the Principal shall not be entitled to unilaterally demand a reduction or change in the seating capacity, the operating time, the contract duration, the inclusive mileage, the contractually agreed vehicle type or other essential contractual services. If BU agrees to such changes, it shall be entitled to the rights pursuant to Section 4.5 of these Terms and Conditions. A claim to a reduction of the agreed rental price shall only be considered in accordance with Clause 4.5 if the vehicle is used as a substitute.
7.3 The Client may withdraw from the contract at any time before the start of the service. Contractual partners who are merchants or legal entities under private or public law must declare their withdrawal in writing or in electronic text form. Other clients are strongly recommended to declare their withdrawal in writing or in electronic text form.
7.4 In the event of a withdrawal, BU shall endeavor to use the contractually agreed bus or the contractually agreed transport capacities elsewhere within the scope of its normal business operations and without any obligation to make special efforts.
7.5 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 the contractually agreed transportation capacity for other purposes, BU’s claim to payment of the full rental price shall remain in effect. However, BU shall be entitled to offset any expenses saved.
7.6 The expenses saved may be deducted by BU at a flat rate of 30% of the rental price. This deduction shall in particular take into account saved fuel, toll and personnel costs.
7.7 The CL expressly reserves the right to prove to the BU that it has incurred no or only a significantly lower loss and/or that the saved expenses were significantly higher than the flat-rate deduction of 30%. The Principal also reserves the right to prove that the BU has made other use of the unused contractual services (in particular other use of the bus) or has failed to do so without an objectively justifiable reason. In the event of such evidence, the Principal shall pay no compensation or only a correspondingly lower compensation.
7.8 The BU’s claim shall only exist if the BU was willing and able to provide the contractually owed services at the time of the withdrawal and the non-utilization is not due to a circumstance for which the BU is responsible. There is also no entitlement to compensation if the withdrawal is due to the fact that BU has made or announced significant changes to the services which are unreasonable for the client, subject to the contractual provisions.
8. Withdrawal and termination by BU
8.1 Apart from the case of default of payment by the Principal as regulated in these Terms and Conditions, the BU may withdraw from the contract before the start of the journey or terminate the contract after the start of the service (start of the journey),
a) if extraordinary circumstances for which it is not responsible 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 burden of proof for expenses incurred lies with the Client.
b) if, despite a corresponding warning from the BU, the CL significantly breaches contractual or statutory obligations or if such breaches of obligations are objectively to be expected and if such breaches of obligations are objectively likely to significantly jeopardize, impede or impair the proper provision of the contractual services by the BU. If these conditions are met, BU shall only be entitled to withdraw from or terminate the contract if BU cannot objectively be reasonably expected to adhere to the contract due to the breach of duty, even taking into account the interests of CL in the performance of the contract.
c) if the Principal and/or its agents and/or its passengers violate safety or health regulations or otherwise objectively endanger the safety of the bus, the driver, the occupants of the bus 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 a significant impediment, endangerment or impairment due to unavoidable and unforeseeable circumstances such as war or warlike events, hostilities, insurrection or civil war, arrest, confiscation or obstruction by state authorities or other persons, road blockades, quarantine measures as well as strikes, lockouts or work stoppages for which he is not responsible.
8.2 In the event of withdrawal or termination in accordance with Clause 8.1 b) and c), BU’s claim to the agreed remuneration shall remain unaffected. The provisions in Clauses 7.5 to 7.7 shall apply accordingly.
8.3 In the event of termination by the BU after the start of the journey for the reasons stated in Section 8.1 d), the BU is obliged to return the passengers at the request of the Principal, whereby there is only an entitlement to return transportation by bus. The obligation to return transportation shall not apply if and to the extent that return transportation is impossible or unreasonable for the BU, even taking into account the interests of the Principal and/or its participants. If such a termination results in additional costs for the return transportation as such, these shall be borne equally by the Principal and the BU. Any 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 BU terminates the contract for the reasons stated in Section 8.1 d), it shall be entitled to reasonable compensation for the services already rendered. Section 7.5 et seq. shall apply accordingly to the remaining days of the original rental period after termination.
9. Limitation of the BU’s liability
9.1 BU’s liability for contractual claims is limited to 10 times the rental price, with the exception of liability for property damage, to which Section 9.2 applies. This limitation of liability shall not apply
a) for damages resulting from injury to life, body or health that are based on a negligent breach of duty by BU or an intentional or negligent breach of duty by a legal representative or vicarious agent of BU,
b) for claims arising from other damages that are based on a grossly negligent breach of duty by BU or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of BU,
c) for typical and foreseeable damages resulting from the negligent breach of BU’s main performance obligations.
9.2 § 23 PBefG remains unaffected. Liability for damage to property is thus excluded if the damage exceeds € 1,000 per piece of luggage transported and is not due to intent or gross negligence.
10. Obligations and liability of the client, his employees and his passengers, complaints (complaints)
10.1 The client is responsible for the behavior of his passengers during the transport.
10.2 Instructions given by the driver or other BU employees must be followed by the client, its tour guides or other representatives and its passengers,
a) insofar as these instructions relate to the implementation of and compliance with legal regulations in Germany and abroad, in particular compliance with safety regulations and entry regulations,
b) insofar as such instructions are objectively justified in order to enable or ensure the proper course of the journey,
c) insofar as the instructions serve to prevent or stop unreasonable impairments for the driver and/or the passengers.
10.3 The Principal shall be liable itself, if applicable jointly and severally with its passengers, tour guides or agents, for property damage or financial loss of the BU caused by its passengers, tour guides or agents, in particular damage to the vehicle, insofar as the damage was caused or contributed to by the Principal’s breach of its own contractual or statutory obligations and the Principal does not prove that neither it nor its passengers, tour guides or agents are responsible for the damage.
10.4 In accordance with § 21 StVO, the prescribed seat belts must be worn during the journey. Seats may only be left for short periods. Every passenger is obliged to ensure that they have a firm footing in the vehicle at all times, especially when leaving their seat for a short time. The Principal must ensure that passengers comply with these safety regulations, in particular by providing appropriate written or verbal information to its passengers and by instructing its tour guides or other representatives accordingly.
10.5 Passengers who, despite warnings, do not comply with the factually justified instructions of the driver or other authorized representative of BU, in particular in accordance with these provisions, may be excluded from carriage and expelled from the bus if, as a result of non-compliance with the instructions
a) a violation of legal regulations in Germany or abroad occurs or persists,
b) safety regulations are violated,
c) the safety of passengers is objectively endangered or impaired even without a violation of safety regulations,
d) the proper execution of the journey is objectively made considerably more difficult, jeopardized or impaired,
e) passengers are significantly and unreasonably impaired
f) for other significant reasons, the onward transportation is objectively unreasonable for the BU, also taking into account the interests of the passenger concerned in the onward transportation.
10.6 In the event of a justified exclusion from transportation, the Principal shall not be entitled to return transportation or recourse claims against the BU.
10.7 Complaints about the manner in which the trip was carried out and/or the vehicle used and/or the driving style or behavior of the driver or other agents as well as about defects in other contractual services of the BU must first be addressed to the driver or other agents of the BU. The Principal must instruct its tour guides or other responsible agents to make corresponding complaints to the driver or other agents of the BU, regardless of whether such complaints are made by the passengers themselves or have already been made.
10.8 The driver or other authorized representatives of BU are required and entitled to remedy justified complaints. They are entitled to refuse to remedy the defect if this remedy is not possible or only possible with disproportionate effort. In the event of such a refusal to remedy the defect, the Customer’s claims, in particular for a reduction in price or for damages, shall remain unaffected. The client is obliged to cooperate in the rectification of service disruptions to the extent reasonable in order to avoid or minimize any damage. He must instruct his tour guides or other representatives to behave accordingly before the start of the trip.
11. Statute of limitations
11.1 Contractual claims of the client arising from injury to life, body or health, which are based on an intentional or negligent breach of duty by BU or a legal representative or vicarious agent of BU, shall become time-barred after three years. This also applies to claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by BU or a legal representative or vicarious agent of BU.
11.2 All other contractual claims are subject to a limitation period of one year.
11.3 The statute of limitations pursuant to Sections 11.1 and 11.2 shall commence at the end of the calendar year in which the claim arose, but not earlier than the time at which the Principal becomes aware of the reason for the claim and the BU as the defendant or should have become aware of it without gross negligence. If the last day of the deadline falls on a Sunday, a nationally recognized public holiday or a Saturday, the next working day shall take the place of such a day.
11.4 If negotiations are pending between the Principal and the BU regarding the claim or the circumstances giving rise to the claim, the limitation period shall be suspended until the Principal or the BU refuses to continue the negotiations. The limitation period shall expire at the earliest three months after the end of the suspension.
11.5 The above provisions shall not affect mandatory statutory limitation provisions, in particular those arising from the liability of BU or its vicarious agents (in particular drivers) under the liability provisions of road traffic, motor vehicle and passenger transportation law. This shall only apply to Principals who are entrepreneurs to the extent that deviating agreements with them are not permitted.
12. Special provisions in connection with pandemics (in particular the coronavirus)
12.1 The parties agree that the agreed rental bus services shall always be provided by BU in compliance with and in accordance with the official requirements and conditions applicable at the 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 service changes due to official requirements for the execution of trips is excluded.
12.3 The Principal agrees to observe reasonable usage regulations or restrictions of the BU when using services and to instruct all passengers to inform the BU office and the driver immediately in the event of typical symptoms of illness.
12.4 The contract is expressly agreed subject to BU’s reservation of withdrawal that the transportation of the number of persons corresponding to the contractually agreed maximum number of seats (without express agreement, the permitted maximum capacity of seats excluding the driver’s and tour guide’s seat of the agreed bus shall apply) is permitted in accordance with the official requirements applicable to the rental bus trip 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 becomes mandatory for BU after the printing of these contractual terms and conditions, BU shall inform consumers of this in an appropriate form. BU refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic legal transactions in accordance with Section 2.4.
14. Choice of law and place of jurisdiction
14.1 The contractual relationship between the client and BU shall be governed exclusively by German law. This shall also apply to the entire legal relationship.
14.2 Insofar as the BU’s liability is not governed by German law in the event of legal action by the CL against the BU abroad, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of the CL’s claims.
14.3 The CL may only sue the BU at its registered office.
14.4 The place of residence/business of the CL shall be decisive for legal actions of the BU against the CL. The BU’s registered office shall be agreed as the place of jurisdiction for legal action against Principals who are merchants, legal entities under public or private law or persons or companies who have their place of residence/business or habitual abode abroad, or whose place of residence/business or habitual abode is unknown at the time the action is filed.
14.5 The above provisions shall not apply,
a) if and to the extent that contractually non-waivable provisions of international agreements applicable to the contract between the Principal and the BU provide otherwise in favor of the Principal, or
b) if and to the extent that non-modifiable provisions applicable to the contract in the EU member state to which the Principal belongs are more favorable to the Principal than the following provisions or the corresponding German provisions.
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