General Terms and Conditions, Coach Hire
§ 1 Quote and contract
- Quotes provided by Börner Reisen GmbH are non-binding unless otherwise agreed in writing..
- The customer may confirm the order in writing, electronically or orally.
- The contract enters into force with the written or electronic confirmation of the order by Börner Reisen GmbH, unless other agreements have been made.
§ 2 Service content
The scope of services covered by the contract is governed by the details stated in the order confirmation. Section 1, Para. 3 and Section 3 remain unaffected.
The service comprises – to the extent provided for in the order confirmation – the provision of a vehicle of the agreed type, including driver, but not including the execution of the transportation as detailed in the contract for services.
In particular, the service shall not include:
- Fulfilment of the purpose of the journey
- Supervision of guests, particularly children, young people and persons requiring additional assistance.
- Supervision of items left by the customer or his/her guests in the vehicle’s passenger area.
- Supervision of luggage when loading and unloading.
- Information about foreign currency regulations, passports, visas, customs and health regulations, as well as compliance with the obligations resulting from these regulations.
This does not apply where other agreements exist to the contrary.
§ 3 Changes to the scope of service
- Börner Reisen GmbH is permitted to make changes to the scope of service if they become necessary after the agreement has come into force provided that the circumstances leading to the change in the scope of service are not contrary to the principles of good faith and that the changes are not significant and reasonable for the customer. Börner Reisen GmbH must inform the customer of any changes immediately upon becoming aware of the reason for the change.
- The customer may make changes to the scope of service in consultation with Börner Reisen GmbH. These are to be stated by the customer either in writing or electronically.
§ 4 Prices and payment
- The rental price agreed upon the conclusion of contract applies.
- All standard ancillary costs resulting from the agreed scope of service are included in the rental price, unless other agreements exist to the contrary.
- Additional costs resulting from changes to the scope of service requested by the customer are invoiced at cost.
- The right of Börner Reisen GmbH to recover costs resulting from damage or soiling remain unaffected.
- Invoices are payable upon receipt with no deductions.
§ 5 Price increases
- Börner Reisen GmbH reserves the right to request a price increase of up to 10% of the price agreed in the contract under the following conditions:
- The price increase is only permissible in the context of an increase in fuel prices, staff costs or taxes and duties, if and to the extent that, this increase affects the agreed rental price.
- An increase in the rental price is only permissible if more than four months have passed between the conclusion of the contract and the start of the transportation service as agreed in the contract, if the circumstances leading to the increase had not yet come into effect before the conclusion of the contract, and if these circumstances were not foreseeable for the coach company at the time the contract was signed.
- Börner Reisen GmbH must inform the customer immediately upon becoming aware of the reason for the increase, must assert a claim to the increase and prove the reason for the increase.
- In the case of a permissible increase that exceeds 3% of the agreed basic rental price, the customer may withdraw from the contract with Börner Reisen GmbH without any payment obligations. The declaration of withdrawal from the contract does not have to be provided in any particular form and must be submitted to the coach company immediately upon receipt of the request for the price increase.
§ 6 Withdrawal from contract and notice of cancellation by the customer
The customer may withdraw from the contract prior to the start of the journey. If this is the case, the coach company has the right to claim reasonable compensation in place of claiming the full rental price unless the customer’s withdrawal is based on a factor for which the bus company is responsible. The compensation is based on the agreed rental price less the amount of expenditure saved by the coach company and any income resulting from the alternative use of the vehicle. Börner Reisen GmbH reserves the right to claim fixed-rate compensation as follows:
Upon withdrawal from the contract:
- Up to 30 days before the planned start of the journey: 10%
- 29 to 22 days before the planned start of the journey: 30%
- 21 to 15 days before the planned start of the journey: 40%
- 14 to 7 days before the planned start of the journey: 50%
- From 6 days before the planned start of the journey: 60%
of the agreed rental price if and provided the customer does not prove that the coach company did not suffer any damage or that any damage was valued significantly lower than this fixed-rate fee.
Compensation claims do not apply if the withdrawal is due to changes in the services offered by Börner Reisen GmbH that are material and unreasonable for the customer. This shall be without prejudice to the customer’s other rights.
Termination once the journey has started
- If changes to the agreed services – that are material and unreasonable for the customer – are necessary once the journey has begun, the customer is – without prejudice to any other entitlements – entitled to terminate the agreement. In such instances, Börner Reisen GmbH undertakes, upon the customer’s request, to return the customer and his/her travel companions to the point of departure. However, the entitlement to be returned only applies in respect of the contractually agreed mode of transport. If, following termination due to force majeure, additional costs are incurred for return transport, these shall be borne by the customer.
- Any further entitlements on the part of the customer are excluded if the necessary changes to the service are due to circumstances over which the coach operator has no control.
- If the customer terminates the agreement, the coach operator is entitled to reasonable payment for the services already rendered and those still to be rendered under the terms of the agreement, insofar as the latter are still of interest to the customer despite the termination.
§ 7 Withdrawal and termination on the part of Börner Reisen
Withdrawal prior to the start of the journey
Prior to the start of the journey, Börner Reisen GmbH may withdraw from the agreement if exceptional circumstances over which it has no control make it impossible to render the services. In this instance, the customer may only demand a refund of the expenses that he/she has incurred directly in connection with the vehicle order.
Termination once the journey has started
- Börner Reisen may terminate the agreement once the journey has started if rendering the service is severely impeded, endangered or impaired due to force majeure or due to an impediment, danger or impairment of a significant nature or due to unforeseeable circumstances such as war or warlike acts; hostilities; insurgency or civil war; arrest, seizure or obstruction by government authorities or other persons; roadblocks; quarantine measures or strikes, lock-outs or stoppages over which it has no control or due to the customer or other passenger. In the event of notice served due to force majeure or due to an impediment, danger or impairment of a significant nature, Börner Reisen GmbH undertakes, upon the request of the customer, to return the customer and his/her travel companions to the point of departure. However, the entitlement to be returned only applies in respect of the contractually agreed mode of transport. The duty to return does not apply if and insofar as the return transport of individual persons is unreasonable for the coach operator for reasons over which the persons concerned have control. If, following termination due to force majeure, additional costs are incurred for return transport, these shall be borne by the customer.
- If Börner Reisen GmbH terminates the agreement, they are entitled to reasonable payment for the services already rendered and those still to be rendered under the terms of the agreement, insofar as the latter are still of interest to the customer despite the termination.
§ 8 Liability
- BBörner Reisen GmbH is liable for proper carriage to the extent provided by the duty of care incumbent on a diligent businessperson.
- Börner Reisen GmbH is not liable for service disruptions due to force majeure or due to an impediment, danger or impairment of a significant nature or due to unforeseeable circumstances such as war or warlike acts; hostilities; insurgency or civil war; arrest, seizure or obstruction by government authorities or other persons; roadblocks; quarantine measures or strikes, lock-outs or stoppages over which it has no control or due to the customer or other passenger.
- The return transport provisions remain unaffected.
§ 9 Liability limitations
- The liability of Börner Reisen GmbH in respect of contractual claims is limited to 10 times the rental price (see Sect. 4 above) insofar as the claim – in the event of death, physical injury or health damage to the customer or other passengers – is not due to an intentional or grossly negligent breach of obligation on the part of the coach operator itself or on the part of a legal representative or vicarious agent of the coach operator.
- § 23 of the Personenbeförderungsgesetz (German Passenger Transport Act) remains unaffected. Liability for damage to property is therefore excluded insofar as the damage incurred by each person transported exceeds €1,000.00 and has not been caused intentionally or as a result of gross negligence.
§ 10 Luggage and other items
- Luggage in a normal amount will be carried. Other items will be carried subject to prior approval.
- Explosive, highly flammable, radioactive, foul-smelling or corrosive substances, as well as unpackaged or unprotected items that pose a risk of injury to passengers, will not be carried.
- The customer will be held liable for damages of any kind that are caused by items carried by the customer or his/her travel companions if the damages sustained are based on circumstances over which the customer or his/her travel companions have control.
§ 11 Conduct and liability of the customer and their travel companions
- The customer is responsible for the conduct of his/her travel companions. The instructions of the on-board staff must be followed at all times. The customer themselves shall also be held liable for damage to the vehicle or other damage incurred by Börner Reisen GmbH caused by their travel companions insofar as a breach of statutory or contractual obligations incumbent on the customer is the cause or a contributory cause of the damage and the customer is unable to demonstrate that neither they nor their travel companions had any control over the breach. Other claims remain unaffected.
- Pursuant to Article 21 of the Straßenverkehrsordung (German Highway Code), compulsory seat belts must remain fastened during the journey. Seats may only be vacated briefly. All passengers must ensure that they have a firm footing at all times whilst in the vehicle, particularly when leaving their seat for brief periods.
- Passengers who, despite being warned, do not comply with reasonable instructions issued by the on-board staff may be excluded from the vehicle if their failure to comply with instructions results in a risk to the safety or order of the service, if it results in a risk to fellow passengers or if, for other reasons, it is unreasonable to expect Börner Reisen GmbH to continue with carriage. In such instances, there is no entitlement to return transport or regress vis-à-vis Börner Reisen GmbH.
- Any complaints should, in the first instance, be addressed to the on-board staff. If they are unable to resolve the matter and they cannot be reasonably expected to do so, the complaint should be addressed to Börner Reisen GmbH.
- The customer undertakes, within reasonable bounds, to cooperate in the resolution of any service disruptions in order to avoid or minimise any damages.
§ 12 Place of jurisdiction and place of performance
In respect of agreements with businesspeople, legal persons in the public sector or special funds under public law, the sole place of performance is the coach operator’s registered place of business.
Place of jurisdiction
- In the event that the customer is a businessperson, a legal person in the public sector or a special fund under public law, the place of jurisdiction is the coach operator’s registered place of business.
- If the customer does not have a general place of jurisdiction in Germany or if they move their domicile or usual place of residence abroad once this agreement has come into effect, or if their domicile or usual place of residence is unknown at the time of legal action being taken, the place of jurisdiction is the coach operator’s registered place of business.
- This contractual agreement is governed by the laws of the Federal Republic of Germany.
§ 13 Invalidity of certain provisions
The invalidity of certain provisions of this agreement, including these General Terms and Conditions of Rental Bus Carriage, does not result in the invalidity of the agreement as a whole.
These conditions of travel are protected by copyright; Bundesverband Deutscher Omnibusunternehmer e. V. and Prof. Holger Zuck, Stuttgart, 2010
Tour operator: Börner Reisen GmbH