§ 1 offer and conclusion of contract

1. As far as not written otherwise agreed offers of Autobus Brettschneider are subject to confirmation. 
   
   
2. The orderer can conclude the contract written or electronically.
    
   
3. The contract is concluded with a written or electronic confirmation by Autobus Brettschneider.
   

§ 2 service

1. For the extent of operations the details on the confirmation of Autobus Brettschneider are  authoritative.
   
   
2. The service covers the supply of a vehicle of the agreed type with driver and the execution of transportation within the line of contract. The usage of contract for work labour determinations is barred.
   
   
3. Is not anything else agreed Autobus Brettschneider can use a vehicle with bigger seating capacity with otherwise unchanged conditions.
   
   
4. The agreed service doesn't cover:
   
   
1. the fulfilment of jourey's purpose
2. supervision of passangers particularly children, teenagers or needy persons
   
3. supervision of things that the orderer or his passangers leave in the passanger compartment
4. supervision of baggage during loading and unloading
   
5. the information about passanger relevant regulations as far as they are enclosed in the foreign exchange-, passport-,visa-,customs- and healthiness regulations and the compliance with the regulations

  This isn't applicable if anything else is agreed


5. Rests with the purpose to ensure the compliance of maximum wheel time resulting from labour law have to be granted to the driver.
   
   
6. Is not anything else agreed Autobus Brettschneider resp. its auxiliary persons are free in routing to destination.
   
   

§ 3 service changes

1. Service changes through Autobus Brettschneider that are necessary after conclusion of the contract are allowed when the reasons for the service change are not caused against utmost good faith and the changes are not considerable and not reasonable to the orderer. Autobus Brettschneider has to inform the orderer about the reason for changes immediately.
   
   
2. There is no claim for service exceedance during service delivery regarding service time, routing or other cost effective points. An extension is only possible when extension is not violating labour law regulations and internal concerns do not argue against it.  According § 4 break 3 a service exceedance is seperately accounted. Delays of other means of transportation (plane, train, etc.), traffic jams and other delays that Autobus Brettschneider isn't responsible doesn't affect this regulation. Should the orderer not agree to service extensions then the orderer has to inform Autobus Brettschneider written or eletronically. In this case service extensions will be balanced with end customer cash or by credit card on the spot.

§ 4 prices and payment

1. Valid is the price in the concluded contract.
   
   
2. Is not anything else agreed then parking fees, access fees, tolls and ferry costs are no part of the contracted price. An exception are highway tolls which are included in the rental rate.
   
   
3. Service exceedances regarding routing or service time we will account at cost resp.per standard rate (vide also § 3 brake 2)
   
   
4. In case of defilement or damages of vehicle through passangers the orderer is liable for cleaning and repair. Same applies to loss of earnings.
   
   
5. Is not anything else agreed invoices are payable after receipt without deduction.

§ 5 rescission and cancellation through orderer

1. rescission:
   
   The orderer can withdraw from contract before service starts. The cancellation of an order is only possible written or electronically (E-Mail). Receipt can only be estimated at working days during the office hours. The following terms of cancellation are beginning with the earliest receipt to estimate. Our terms of cancellation are as follows:
   
   
   • more than 48 hours berfore service: exempt from charges
   • between 24 and 48 hours before service: 50%
   • less than 24 hours before service : 100%
     
     
   [regarding the contracted rental rate]
   
   
2. cancellation
   
   
   1. In case of necessary service changes after service start that are considerable and not reasonable to the orderer he is - irrespective of other claims - entitled to cancel the contract. In these cases Autobus Brettschneider is on orderers demand obliged to transport passangers back. This claim only refers to contractual means of transportation. In case of additional costs during back transportation that are a result of an Act of God the orderer covers these extra costs.
      
      
   2. Further claims are excluded when the service change follows reasons that Autobus Brettschneider is not responsible.
      
      
   3. If the orderer cancels the contract Autobus Brettschneider has a claim on an appropriate compensation for already fulfilled services and for coming services if these services are - in spite of cancellation - in interest of the orderer.
      

§ 6 rescission and cancellation through Autobus Brettschneider

1. rescission:
   
   The coach company can withdraw from contract before service start if extraordinary particulars that Autobus Brettschneider is not responsible are making service impossible. In this case the orderer can claim originated and necessary costs that are in direct coherence with the vehicle booking.
   
   
2. cancellation:
   
   
   1. Autobus Brettschneider has the right to cancel if the service is complicated, endangered or affected by Act of God or unpredictable and considerable circumstances like war or war alike affairs, hostilities risk, riots or civil war, arrest, attachment or obstruction through public servants or other persons, street blockades, quarantine measures and strikes Autobus Brettschneider is not responsible, lockouts or work stoppages. This is also true if the orderer complicates, endangeres or affects the service considerably. In case of a cancellation due to Act of God or a condsiderable complication, endangering or interference Autobus Brettschneider is on orderers demand obliged to transport passangers back. This claim only refers to contractual means of transportation. In case of additional costs during back transportation that are a result of an Act of God the orderer covers these extra costs.
   
   
   2. If the orderer cancels the contract Autobus Brettschneider has a claim on an appropriate compensation for already fulfilled services and for coming services if these services are - in spite of cancellation - in interest of the orderer.
       

§ 7 liability

1. Autobus Brettschneider is liable within the diligence of a proper manager for the correct fulfillment of transportation.
   
   
2. Autobus Brettschneider is not responsible for defaults through Act of God or considerable and unpredictable complications, endangerments or implications like war or war alike affairs, hostilities risk, riots or civil war, arrest, attachment or obstruction through public servants or other persons, street blockades, quarantine measures and strikes Autobus Brettschneider is not responsible, lockouts or work stoppages.
    
   
3. Autobus Brettschneider is not responsible for scheduling of the orderer. If nothing else is agreed Autobus Brettschneider has no liability to control scheduling of the orderer. Our recommendations refering departure and journey time are non-binding.
   
   
4. Autobus Brettschneider is not liable for costs occuring through unannounced excess luggage (vide also § 9 brake 1).
   
   
5. The regulations for back transportation stay unaffected.

§ 8 limitation of liability

1. The liability of coach company concerning claims for damages because of property damage is limited to the triplicate of the rental rate (vide above § 4). The liability per person is the proportionate part of the triplicate of the rental rate. Vehicles of Autobus Brettschneider are insured with a motor liability insurance which covers justified and private law claims against Autobus Brettschneider or co-insured persons. This insurance relates to bodily injuries and events of death, damage or destruction of property due to the usage of vehicles of Autobus Brettschneider. For bodily injuries and damage of property the insured sum is max. 50.000.000 Euro but not more than 8 Mio. Euro per affected person.
   
   
2. § 23 PBefG remains unaffected. The liability for damage of property is excluded if the damage exceeds € 1000.00 per transported person.
   
   
3. In clauses 1 and 2 named limitations have no validity if damage refers to intention or is an act of gross negligence.
    
   
4. Autobus Brettschneider is not liable for damages caused by culpable behaviour of orderer or its passangers.
   
   
5. The orderer indeminifies Autobus Brettschneider and all involved persons from claims that refer to § 2 brake 3 lit. a.-e.
   
   
6. Autobus Brettschneider is not liable if orderer or his representative doesn't attend duty to inform resp. to mitigate damages according to § 10 brake 4.
   

§ 9 luggage and other things

1. Luggage can be transported only within the bounds of available loading space. Luggage has to be packed in such a way that it is secured against loss, depreciation or damage. It's orderers duty to inform us about excess luggage (more than 1 standard sized piece of luggage).
   
   
2. For damages caused by carried things the orderer is liable if orderer or its passangers are responsible. There is no luggage insurance included in the rental rate.

§ 10 behaviour of orderer and passangers

1. The orderer is resposible for behaviour of his passangers during transportation. Passangers have to obey employees instructions.
   
   
2. Passangers who doesn't attend employees instructions despite admonition can be expelled from transportation if out of the contempt results a danger for security or regularity of operation or other passangers or if the further transportation is unacceptable. Recourses of the orderer adverse Autobus Brettschneider are excluded in these cases.
   
   
3. Complaints have to be made to the crew and if it isn't possible to remedy with passable effort to office of Autobus Brettschneider.
   
   
4. The orderer is obliged to support the the solution of defaults in the bounds of reasonability to prevent or diminish possible damages [this also includes among other things that the orderer or his representative has to inform Autobus Brettschneider if vehicles are not at the agreed meeting point]
   
   

§ 11 jurisdication and place of fulfilment

1. place of fulfilment
   place of fulfilment is on terms to traders, legal persons of public law or separate estate under public law solely the registered office of Autobus Brettschneider.
   
   
2. jurisdication
   1. If the orderer is a trader, a legal person of public law or a seperate estate under public law jurisdication is the registered office of Autobus Brettschneider.
   2. If the orderer has no common jurisdication in Federal Germany or if he displaces his address or common domicile after conclusion of contract or his address or common domicile is unknown after filing lawsuit the jurisdication is also the registered office of Autobus Brettschneider. 
      
      
3. For the clearing of contractual relationship the law of Federal Germany is applicable.

§ 12 Invalidity of individual regulations

The invalidity of individual regulations of contract including these general terms and conditions doesn't cause the invalidity of the full contract. 

§ 13 changes of general terms and conditions

changes and addendums of these terms and conditions deserve to be written. This is not valid if something other is agreed.

 

state: 1.1.2007