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Terms and conditions for the conveyance with busses

 

1. Closing of the contract

l.l. The closing is written. All declarations and additional details have to be written as well.

1.2. The orderer has to hold his order for 10 days. Within this period, the contractor will confirm the order. Very short orders are confirmed by the contractor as soon as possible.

1.3. The contractor receives orders also by telephone and makes binding reservations, on which the contract is sent to the orderer soon and the contract is closed by this confirmation (contract of conveyance). The confirmation has to be sent back to the contractor by the orderer as soon as possible. The contractor can cancel the binding reservation, when the orderer refuses to send the confirmation signed back. This does not touch rights from the contractor due to the deed, that he did the reservation. These conditions also work for other media, such like telefax, telex, email, etc.

 

2. Payment of the compensation

2.1. The orderer has to pay the agreed compensation plus tax (19%). For private orderers, the price includes the tax. The date of payment shown on the invoice is to be respected. In every other case an additional payment of 6,96% incl. tax is aggreed. The additional ammount is shown as well on the invoice.

2.2. The orderer has to pay a down-payment of 10% with the closing, with a maximum of 50,-- EUR per day of the journey, in advance without delay, if nothing else is declared. The rest of the compensation has to be paid latest before beginning of the journey.

2.3. Extra costs (e.g. costs for the roads and parking, overnight and/ or costs of boarding for the driver(s), etc.) are NOT included in the price for the journey, if nothing else was agreed. This is also meant for additional ways between the place of overnight and a possible (guarded) parking lot, if the orderer is unable to have one. If the orderer is responsible for a ferry trip, the booking must include a cabin for the driver (no other people in this cabin). The cabin has to be at least at the deck of information (or higher) and has to have at least one window. Food has to be of acceptable quality. Drivers´ rooms have to have at least the following standard: 2**-Star category, clean, heated and air conditioned own shower and toilette, TV.

2.4. Changes caused and wanted by the orderer will be charged additionally by the contractor.

2.5. The orderer has to stand for the liability of the members of his group, as signed for at the first page of this contract.

2.6. Delay of payment of the main price of the journey causes the immediate right of the contractor to cancel this contract even during the journey.

2.7. Price increasements of inputs between closing of this contract and beginning of the journey (if more than tree weeks) (e.g. Increasements for fuel) have to be covered by the orderer. If these additional costs overcome 5% of the complete travel-price (incl. tax), this causes an extraordinary right to cancel this contract for both, contractor and orderer referring to Number 8.1. of this contract.

 

3. Output

3.1. Because of this contract, the contractor stands for the transportation with the bus or with a possible substitute bus. It is also possible that the contractor uses busses of annother bus- contractor.

3.2. The contractor certifies to work with drivers, capable to drive the bus. If nothing else is agreed, only one driver will be sent, who is only allowed to do drive in order with the laws for the driving of busses and trucks in Germany, the European Union and other countries.

3.3. The compensation is for the agreed things between contractor and orderer. NOT included are changements, caused by the wishes of the orderer, for longer journey- times caused by reasons that are not in the field of circumstances of the contractor and caused by the behaviour of the orderer and/ or members of his group.

3.4. The contractor is not liable for the baggage in or outside the bus (also during loading and unloading). The care of the members of the group has to be made by the orderer. The orderer is liable for behaviour according to legal needs of the countries, the bus is driving in or threw (visa, etc.) The liability of the contractor is explained in Number 9. of this contract, if the orderer has rights because the contractor violated his duty (possibly).

 3.5. The contractor has no influence on conditions of roads or weather- conditions in general, border- controls, etc..

 3.6. The contractor gives the orderer place for 25 kgs of baggage per person (suitcases and bags like usually) in tha baggage- room in the bus. Dangerous, pernicious, flammable oder explosive things are not allowed to be carried. Big objects (ski, sporting, surfboards etc.) and animals are only allowed, if there is an additional agreement with the contractor.

 3.7. Dirty objects, big hand- baggage, etc. is only allowed in the bus, if damage, pollution and danger for the passengers, personnel or the bus is not to be expected.

 

4. Changements of the contract and the liabilities

4.1. Changements wanted by the orderer are only possible together with the contractor or the contractor´ s personnel. Changements before departure shall be written down.

4.2. The contractor is only allowed to make small changements, that are necessary for the journey. Big changements have to take place in accordance of the wills of both parties. The contractor will inform the orderer about changements before the departure.

 

5. Duties of the orderer and the orderer´ s personnel

5.1. Due to safety- reasons and legal aspects, the orderer, the orderer´ s personnel and members if the orderer have to pay attention to instructions of the contractor and the contractors personnel. This is especially for safety- requirements.

5.2. The orderer is liable, to organise order and behaviour of the members of the orderer´ s group, especially to abort destruction, misuse or pollution of the bus. It is especially the duty of the orderer to work on a correction of the behaviour and finally to stop further presence of these member(s) of the group if no changement of behaviour is visible.

5.3. If hard trouble takes place referring to Number 5.2. and it is not stopped after the contractor(´s personnel) has asked fot that, the contractor has the right to cancel this contract immediately due to important reason. The consumption for this case has to be paid, costs that the contractor had not to spend, will be refunded, but other legal rights are not touched by this action.

 

6. Cancel the contract - Orderer does not take the transportation

If the orderer cancels the contract during the journey, or does not realise the journey, the orderer has to pay the following fees, if the contractor can not prove more costs .

- orderer cancels up to 60 days  before departure: 10% of the price.
- orderer cancels up to 30 days  before departure: 30% of the price.
- orderer cancels up to 22 days  before departure: 50% of the price.
- orderer cancels up to 15 days  before departure: 60% of the price.
- orderer cancels up to 08 days  before departure: 70% of the price.
- orderer cancels up to 02 days  before departure: 85% of the price.
- orderer cancels up to 01 day  before departure: 95% of the price.
- orderer cancels later than 01 day before departure: 100% of the price for the journey.

 

7. Warranty

7.1.1. If the transportation is defective, the orderer can demand the removal of the deficiency. The contractor is allowed to refuse the removal, if it caused a too high expense. If the contractor is in delay with the removal of the deficiency, the orderer is allowed to remove the deficiency and ask for his expenses.

7.1.2. In the case of non-transportation, partly non-transportation or transportation with deficiency, the orderer can, after telling the deficiency, putting a period of time for its removal and the announcement, that he will cancel the contract, lower the price or cancel the contract. Cancellation is not allowed, if the deficiency is not very high.

7.1.3. There is no putting of a period of time necessary, if it is impossible to remove the deficiency or if the contractor refuses to remove the deficiency or if there is a special interest of the orderer that allows to cancel the contract.

7.1.4. If the deficiency is caused by the contractor(´s personnel), the orderer is allowed to ask for indemnification. Number.

7.1.2. und 7.1.3. are corresponding in force.

 

8. Cancellation from the contractor

8.1.The contractor and the orderer are allowed to cancel the contract, if there is a very important reason, they are not liable for and if the contract is unreasonable for one of the party, especially in cases of wars, earth-quakes, epidemics, extremely dangerous conditions of weather and roads, closements of borders, considerable contraventions of the orderer(´s personnel) and group ref. to Number 5.3. etc.

8.2. In these cases, the contractor has to work on corresponding necessary organisational transaction- measures in accordance with the orderer. For the output, the contractor already produced, the orderer has to pay and also for additional costs, caused by the breaking off of the contract.

 

9. Liability

9.1. The contractor is liable according to § 23 Personenbeförderungsgesetz for damages to property (Exclusion of the liability if the damage of property climbs over 1.023,- EUR per person and is not caused by intention or coarse negligence).

9.2. For the rest the liability due to any reason of this contract is limited to the triple amount of the price of the journey, if not caused by intention or coarse negligence. Pretentions because of unallowed actions ref. to §§ 823 ff BGB or Haftpflichtgesetz and Straßenverkehrsgesetz are not touched.

9.3. Additional liability is excluded, according to number 3. of this contract.

 

10. Applied law

For this contract only German laws are applied.

 

11. Legal domicile

Legal domicile for this contract is the domicile of the contractor (Nuremberg, Germany).

 

12. Inoperativeness of certain determinations

If certain determinations of this contract are inoperative, the contract itself remains effective. For the inoperative determination an effective determination is used, that has the same contents or especially the prescriptions of the BGB take place.