General Conditions of Carriage and Conditions for Rented Buses
§ 1 offer and contract
Offers by Engelmann Busreisen GmbH (hereinafter referred to as bus company) are non-binding unless otherwise agreed in writing. The customer may place his order in writing or in electronic form. The contract is concluded with the written or electronic confirmation of the order by the bus company, unless otherwise agreed. If the content of the confirmation deviates from that of the order, the contract is concluded on the basis of the confirmation if the orderer declares the acceptance within one week of receipt.
§ 2 Service content
The details in the confirmation of the order are decisive for the scope of the contractual services. § 1 and § 3 remain unaffected. The service includes, in the framework specified by the confirmation of the order, the vehicle provision of the agreed type with the driver and the performance of the carriage; the application of the provisions on the contract for work is excluded. The agreed service does not include:
a) the fulfillment of the purpose of the journey
(b) the supervision of passengers, in particular children, adolescents and vulnerable persons
(c) the supervision of property left by the contracting entity or one of its passengers in the passenger compartment of the vehicle
d) the supervision of the baggage during loading and unloading
(e) the information on the rules applicable to all passengers, insofar as they are contained in particular in foreign exchange, passport, visa, customs and health regulations and compliance with the obligations arising from the regulations. This does not apply if otherwise agreed.
§ 3 changes in services
Changes of service by the bus company, which become necessary after conclusion of the contract, are admitted, if the circumstances, which lead to the change of service, have not been brought about by the bus enterprise contrary to good faith and if the changes are not substantial and reasonable for the client. The bus company must notify the client of any changes immediately after becoming aware of the reason for the change. Changes of service by the client are possible with the agreement of the bus company. They must be in writing or electronic form, unless otherwise agreed.
§ 4 prices and payments
The rental price agreed upon conclusion of the contract applies. Additional costs (eg road and parking fees, accommodation costs for the driver) are not included in the rental price, unless otherwise agreed. Additional costs due to the customer's desired service changes will be charged additionally. (per additional hour 40, - € and per multi-kilometer 1.10 €) The assertion of costs resulting from damage or contamination remains unaffected. Invoices are to be paid after receipt without deduction. Therefore, the rental price must be received at the latest until the provision of the bus.
§ 5 Resignation and termination by the customer
resignation
The customer can withdraw from the contract prior to departure. If he accepts this possibility, the bus company, if the withdrawal is not based on a circumstance for which he is responsible, has a claim to adequate compensation instead of the claim to the agreed rental price. Their amount is determined by the agreed rental price less the value, expenses saved by the bus company and any proceeds from other uses of the vehicle. The bus company may claim for compensation as follows:
With a resignation
a) 10% up to 30 days before the planned journey
b) from 29 to 11 days before the planned journey 25%
c) from 10 days before the planned journey 50%
d) if you do not start your journey, we will charge you a "No-Show-Fee" of 95%
A claim for compensation does not apply if the resignation is due to changes in service by the bus company, which are significant and unreasonable for the client. Further rights of the client remain unaffected.
termination
If changes to the agreed services are necessary after commencement of the journey, which are significant and unreasonable for the client, then he is - without prejudice to further claims - entitled to terminate the contract. In these cases, the bus company is obliged, at the request of the client, to transport him and his passengers back, whereby a claim to the return transport only exists for the means of transport agreed in the contract. In the event of termination due to force majeure with regard to the return transport, additional costs shall be borne by the client. Further claims of the client are excluded if the necessary changes in performance are based on a circumstance that the bus company is not responsible for. If the client terminates the contract, the bus company is entitled to an appropriate fee for those already provided and those under the contract perform, provided that the latter are still of interest to the client despite the termination.
§ 6 Resignation and termination by the bus company
resignation
The bus company may withdraw from the contract prior to departure if exceptional circumstances beyond its control make performance impossible. In this case, the client can only demand the necessary expenses incurred in connection with the vehicle order.
termination
The bus company may terminate after commencement of the journey if the provision of the service is made considerably more difficult, endangered or impaired by force majeure or by the customer. In the event of termination after commencement of the journey - based on force majeure - the bus company is obliged, at the request of the customer, to return him and his passengers, whereby a claim to a carriage exists only for the means of transport agreed in the contract Force majeure Additional costs for the return transport, these are borne by the purchaser. If the bus company terminates the contract, it is entitled to a reasonable remuneration for the services already provided and those still to be provided under the contract, provided that the latter are still of interest to the customer despite the termination.
§ 7 Liability
The bus company is liable within the framework of the due diligence of a proper merchant for the proper performance of the carriage. The bus company is not liable for performance disruptions due to force majeure, as well as aggravation, endangering or impairment of considerable kind due to unforeseeable circumstances such as: As war or similar 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 stoppages for which he is not responsible. The rules on the return transport remain unaffected.
§ 8 Limitation of liability
The liability of the bus company for contractual damage claims due to material damage is limited to three times the rental price (see § 4 above), the liability per affected passenger is limited to the person's share of the triple rental price. If claims for damages due to tort are asserted, the affected passenger will be liable for damages up to 4000, - €. If the proportion of the triple rent paid to the individual passenger exceeds these amounts, the liability is limited to the share of the three-fold rental price. Section 23 PBefG remains unaffected. The liability for damage to property is thus excluded, as far as the damage per transported person exceeds 1000, - €. The above limitations are not valid if the damage to be assessed is due to intent or gross negligence. The bus company is not liable for damages, as far as they are based solely on a culpable action of the client or one of its passengers. The client indemnifies the bus company and all persons involved in the execution of the contract from all claims based on one of the circumstances described in § 2.
§ 9 Luggage and other things
Luggage in the normal scope - 20 kg per person - and other things by arrangement are also carried. For damage caused by goods ordered by the customer or his passengers, the buyer shall be liable if they are dependent on circumstances for which he or his passengers are responsible. The transport of animals is excluded unless it has been previously expressly approved by us. Lost property must be delivered to the on-board staff. Objects found at the Engelmann Bus Travel GmbH, Limbacher Str. 219, 09116 Chemnitz in the office for collection for 4 weeks to the exclusion of any liability held and then delivered to the lost property office.
§ 10 Behavior of the customer and the passengers
The orderer is responsible for the behavior of his passengers during the transport. The instructions of the on-board staff must be followed. Passengers who fail to comply with reasonable instructions given by on-board personnel despite being warned may be excluded from carriage if the failure to comply with instructions creates a risk to the safety or order of the operation or to other passengers or if, for other reasons, it is unacceptable for the bus undertaking , Claims for recourse of the customer against the bus company do not exist in these cases. Complaints are initially to the on-board personnel, and, if this can not remedy with reasonable effort, to the bus company. The purchaser is obliged to cooperate in the rectification of performance disturbances within his reasonable limits, in order to avoid possible damage or to keep it as small as possible.
§ 11 Jurisdiction and place of performance
Place of fulfillment
The place of performance in relation to business people, legal persons under public law or special funds under public law is exclusively the registered office of the bus company.
jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of the bus company
If the purchaser does not have a general place of jurisdiction in Germany or if he moves his domicile or habitual residence abroad after the conclusion of the contract or if his domicile or habitual residence is unknown at the time the complaint is filed, the place of jurisdiction is also the registered office of the bus company. The law of the Federal Republic of Germany shall govern the execution of the contractual relationship
§ 12 Invalidity of individual provisions
The invalidity of individual provisions of the contract including these general terms and conditions for the rental bus traffic does not result in the invalidity of the entire contract.
With the order these terms and conditions are accepted. Deviations must be in writing.
§ 1 offer and contract
Offers by Engelmann Busreisen GmbH (hereinafter referred to as bus company) are non-binding unless otherwise agreed in writing. The customer may place his order in writing or in electronic form. The contract is concluded with the written or electronic confirmation of the order by the bus company, unless otherwise agreed. If the content of the confirmation deviates from that of the order, the contract is concluded on the basis of the confirmation if the orderer declares the acceptance within one week of receipt.
§ 2 Service content
The details in the confirmation of the order are decisive for the scope of the contractual services. § 1 and § 3 remain unaffected. The service includes, in the framework specified by the confirmation of the order, the vehicle provision of the agreed type with the driver and the performance of the carriage; the application of the provisions on the contract for work is excluded. The agreed service does not include:
a) the fulfillment of the purpose of the journey
(b) the supervision of passengers, in particular children, adolescents and vulnerable persons
(c) the supervision of property left by the contracting entity or one of its passengers in the passenger compartment of the vehicle
d) the supervision of the baggage during loading and unloading
(e) the information on the rules applicable to all passengers, insofar as they are contained in particular in foreign exchange, passport, visa, customs and health regulations and compliance with the obligations arising from the regulations. This does not apply if otherwise agreed.
§ 3 changes in services
Changes of service by the bus company, which become necessary after conclusion of the contract, are admitted, if the circumstances, which lead to the change of service, have not been brought about by the bus enterprise contrary to good faith and if the changes are not substantial and reasonable for the client. The bus company must notify the client of any changes immediately after becoming aware of the reason for the change. Changes of service by the client are possible with the agreement of the bus company. They must be in writing or electronic form, unless otherwise agreed.
§ 4 prices and payments
The rental price agreed upon conclusion of the contract applies. Additional costs (eg road and parking fees, accommodation costs for the driver) are not included in the rental price, unless otherwise agreed. Additional costs due to the customer's desired service changes will be charged additionally. (per additional hour 40, - € and per multi-kilometer 1.10 €) The assertion of costs resulting from damage or contamination remains unaffected. Invoices are to be paid after receipt without deduction. Therefore, the rental price must be received at the latest until the provision of the bus.
§ 5 Resignation and termination by the customer
resignation
The customer can withdraw from the contract prior to departure. If he accepts this possibility, the bus company, if the withdrawal is not based on a circumstance for which he is responsible, has a claim to adequate compensation instead of the claim to the agreed rental price. Their amount is determined by the agreed rental price less the value, expenses saved by the bus company and any proceeds from other uses of the vehicle. The bus company may claim for compensation as follows:
With a resignation
a) 10% up to 30 days before the planned journey
b) from 29 to 11 days before the planned journey 25%
c) from 10 days before the planned journey 50%
d) if you do not start your journey, we will charge you a "No-Show-Fee" of 95%
A claim for compensation does not apply if the resignation is due to changes in service by the bus company, which are significant and unreasonable for the client. Further rights of the client remain unaffected.
termination
If changes to the agreed services are necessary after commencement of the journey, which are significant and unreasonable for the client, then he is - without prejudice to further claims - entitled to terminate the contract. In these cases, the bus company is obliged, at the request of the client, to transport him and his passengers back, whereby a claim to the return transport only exists for the means of transport agreed in the contract. In the event of termination due to force majeure with regard to the return transport, additional costs shall be borne by the client. Further claims of the client are excluded if the necessary changes in performance are based on a circumstance that the bus company is not responsible for. If the client terminates the contract, the bus company is entitled to an appropriate fee for those already provided and those under the contract perform, provided that the latter are still of interest to the client despite the termination.
§ 6 Resignation and termination by the bus company
resignation
The bus company may withdraw from the contract prior to departure if exceptional circumstances beyond its control make performance impossible. In this case, the client can only demand the necessary expenses incurred in connection with the vehicle order.
termination
The bus company may terminate after commencement of the journey if the provision of the service is made considerably more difficult, endangered or impaired by force majeure or by the customer. In the event of termination after commencement of the journey - based on force majeure - the bus company is obliged, at the request of the customer, to return him and his passengers, whereby a claim to a carriage exists only for the means of transport agreed in the contract Force majeure Additional costs for the return transport, these are borne by the purchaser. If the bus company terminates the contract, it is entitled to a reasonable remuneration for the services already provided and those still to be provided under the contract, provided that the latter are still of interest to the customer despite the termination.
§ 7 Liability
The bus company is liable within the framework of the due diligence of a proper merchant for the proper performance of the carriage. The bus company is not liable for performance disruptions due to force majeure, as well as aggravation, endangering or impairment of considerable kind due to unforeseeable circumstances such as: As war or similar 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 stoppages for which he is not responsible. The rules on the return transport remain unaffected.
§ 8 Limitation of liability
The liability of the bus company for contractual damage claims due to material damage is limited to three times the rental price (see § 4 above), the liability per affected passenger is limited to the person's share of the triple rental price. If claims for damages due to tort are asserted, the affected passenger will be liable for damages up to 4000, - €. If the proportion of the triple rent paid to the individual passenger exceeds these amounts, the liability is limited to the share of the three-fold rental price. Section 23 PBefG remains unaffected. The liability for damage to property is thus excluded, as far as the damage per transported person exceeds 1000, - €. The above limitations are not valid if the damage to be assessed is due to intent or gross negligence. The bus company is not liable for damages, as far as they are based solely on a culpable action of the client or one of its passengers. The client indemnifies the bus company and all persons involved in the execution of the contract from all claims based on one of the circumstances described in § 2.
§ 9 Luggage and other things
Luggage in the normal scope - 20 kg per person - and other things by arrangement are also carried. For damage caused by goods ordered by the customer or his passengers, the buyer shall be liable if they are dependent on circumstances for which he or his passengers are responsible. The transport of animals is excluded unless it has been previously expressly approved by us. Lost property must be delivered to the on-board staff. Objects found at the Engelmann Bus Travel GmbH, Limbacher Str. 219, 09116 Chemnitz in the office for collection for 4 weeks to the exclusion of any liability held and then delivered to the lost property office.
§ 10 Behavior of the customer and the passengers
The orderer is responsible for the behavior of his passengers during the transport. The instructions of the on-board staff must be followed. Passengers who fail to comply with reasonable instructions given by on-board personnel despite being warned may be excluded from carriage if the failure to comply with instructions creates a risk to the safety or order of the operation or to other passengers or if, for other reasons, it is unacceptable for the bus undertaking , Claims for recourse of the customer against the bus company do not exist in these cases. Complaints are initially to the on-board personnel, and, if this can not remedy with reasonable effort, to the bus company. The purchaser is obliged to cooperate in the rectification of performance disturbances within his reasonable limits, in order to avoid possible damage or to keep it as small as possible.
§ 11 Jurisdiction and place of performance
Place of fulfillment
The place of performance in relation to business people, legal persons under public law or special funds under public law is exclusively the registered office of the bus company.
jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of the bus company
If the purchaser does not have a general place of jurisdiction in Germany or if he moves his domicile or habitual residence abroad after the conclusion of the contract or if his domicile or habitual residence is unknown at the time the complaint is filed, the place of jurisdiction is also the registered office of the bus company. The law of the Federal Republic of Germany shall govern the execution of the contractual relationship
§ 12 Invalidity of individual provisions
The invalidity of individual provisions of the contract including these general terms and conditions for the rental bus traffic does not result in the invalidity of the entire contract.
With the order these terms and conditions are accepted. Deviations must be in writing.
We ask you to address any complaints exclusively to the company Engelmann Busreisen GmbH - not to the driver.
§ 13 General
Status of the Terms and Conditions: January 2019
All prices, surcharges and cancellation fees are in Euro per person.
Status of the Terms and Conditions: January 2019
All prices, surcharges and cancellation fees are in Euro per person.
Engelmann bus travel GmbH - Limbacher road 100 - 09116 Chemnitz
Telephone: 0371 - 30 13 34 Fax: 0371 - 30 19 98
E-Mail: engelmann@bus-chemnitz.de
Telephone: 0371 - 30 13 34 Fax: 0371 - 30 19 98
E-Mail: engelmann@bus-chemnitz.de