Terms and conditions

General Terms and Conditions of Stadtrundfahrt Nürnberg/Fürth – Die gelben Doppeldecker

§1 offer and contract

  1. The offers of Stadtrundfahrt Nürnberg/Fürth – Die gelben Doppeldecker are not-binding. If not otherwise agreed, it became binding for 14 days later.
  2. The customer may place his order verbally, in writing or via Email.
  3. The contract comes with the written confirmation of the order by Stadtrundfahrt Nürnberg/Fürth – Die gelben Doppeldecker. If the contents of the confirmation deviate from the contents of the order, the contract shall be based on the confirmation, if the chartering party accepts the confirmation as binding within one week from receipt or the service is provided according to the confirmation without opposition.

§2 Service content

  1. For the scope of the contractual services, the details in the confirmation of the order are decisive. § 1 para. 2 and § 3 remain unaffected.
  2. The service includes the provision of a vehicle of the agreed kind with the driver and the performance of the carriage within the framework specified by the confirmation of the order; the application of the provisions on the contract for work is excluded.
  3. The service does not include:
  1. the fulfillment of the purpose of the journey,
  2. the supervision of passengers, in particular children, adolescents and vulnerable persons,
  3. the supervision of items left by the customer or one of his passengers in the passenger compartment of the vehicle,
  4. the supervision of the luggage during loading and unloading,
  5. 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 something else has been expressly agreed.

§3 Changes in services

  1. Changes to the service by the bus company, which become necessary after the conclusion of the contract, are permitted if the circumstances leading to the change in performance have not been brought about in good faith by the bus company and if the changes are not reasonable and reasonable for the customer. The bus company must notify the customer of any changes immediately after becoming aware of the reason for the change.

  2. Changes in performance by the customer are possible with the agreement of the bus company. They must be in writing or electronic form, unless otherwise agreed.

§4 Prices and payments

  1. The rental price agreed upon conclusion of the contract applies.

  2. Additional costs incurred in connection with the agreed service (e.g. road and parking fees, accommodation costs for the driver/s) are included in the rental price, unless otherwise agreed.

  3. Additional costs due to the customer of desired changes in performance will be charged additionally.

  4. The assertion of costs resulting from damage or contamination remains unaffected.

  5. Invoices are due upon receipt without deduction.

§5 Price increase

The bus company has the right to increase the price up to 10% of the contract price on the following conditions:

  1. The increase of the price is only permissible if the fuel costs, personnel costs or taxes increase and this increase affects the rental price.

  2. The increase of the rental price is only permissible if, during the time period between of the contract and the beginning of the transport service, more than four months elapses and circumstances giving rise to the increase had not come into effect prior to conclusion of the agreement and were not foreseeable by Stadtrundfahrt Nürnberg/Fürth – Die gelben Doppeldecker at the time of entering into the agreement.

  3. After a request of the (rental) price increase becomes known, the bus company must notify the customer without delay about the increase and the reason for it.

  4. In case of a increase of 3% the customer has the right to withdraw from the contract without the obligation to pay. The rescission notice does not have to be provided in any particular form und must be delivered immediately after receipt of the increasing desire to the bus company.

§6 Resignation and termination by the customer

Up to 31 days before the date of the departure, it can be abrogated from both sides and without giving any reasons.

  1. Resignation

The customer can withdraw from the contract prior to departure. If this option is exercised, the bus company is entitled to reasonable compensation, unless the resignation is based on a circumstance for which it is responsible. Their amount is determined by the agreed rental price less the value, expenses saved by the bus company and any proceeds generated by other uses of the vehicle.

The bus company can set compensation claims as follows:
With a resignation

  1. from 30 days before the planned departure: 10%

  2. from 29 to 22 days before the planned departure:30%

  3. from 21to 15days before the planned departure:40%

  4. from 14 to 7 days before the planned departure:50%

  5. less than 6 days before the planned departure: 60%

The right to compensation does not apply if the resignation is due to changes in the service of the bus company which are significant and unreasonable for the purchaser. Further rights of the customer remain unaffected.

 

  1. Termination

    1. If changes to the agreed services are necessary after commencement of the journey, which are considerable and unreasonable for the customer, he is entitled, without prejudice to further claims, to terminate the contract. In these cases, the bus company is obliged at the request of the customer to bring him and his passengers back, with a claim for the return transport only for the agreed in the contract means of transport. In the event of termination due to force majeure with regard to the return transport, additional costs shall be borne by the customer.

    2. Further claims of the customer are excluded if the necessary changes in service are based on a circumstance that the bus company is not responsible for.

    3. If the purchaser terminates the contract, the bus company is entitled to appropriate compensation for the services already performed and those to be rendered under the contract, provided that the latter are still of interest to the purchaser despite the termination.

§7 Resignation and termination by the bus company

Up to 31 days before the date of the departure, it can be abrogated from both sides and without giving any reasons.

  1. The Stadtrundfahrt Nürnberg/Fürth – Die gelben Doppeldecker and the customer can terminate the contract before and during the departure if there is an important reason which makes the transport’s continuation unacceptable, especially in cases of force majeure such as war, riots, epidemics, severely endangering weather and road conditions, border closures, and roadblocks.In the case of no-fault vehicle breakdown, in particular due to no-fault accidents, technical defects on the vehicle despite proper maintenance ect., thebus company is obliged to provide an equivalent vehicle. Issuch unavailable due to similar circumstances or lack of availability, then the bus company and the customer are free of their performance obligations. In both cases, Stadtrundfahrt Nürnberg/Fürth – Die gelben Doppeldecker is responsible for the provision of the necessary organizational resolution measures in agreement with the customer during the transportation time. For services rendered, the bus company receives a compensation according to their usual rates. Any additional costs are to be paid by the customer.

In the event of termination due to force majeure or due to aggravation, danger or impairment of a significant nature, the bus company is obliged at the request of the customer to bring him and his passengers back, with a claim to the return transport only for the agreed in the contract means of transport. The obligation to repatriate shall not apply if and insofar as the repatriation of individuals is unacceptable for the bus undertaking owing to circumstances for which they are responsible. If additional costs for return transport arise in the event of termination due to force majeure, these shall be borne by the customer.

  1. 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.

 

  1. from 30 days before the planned departure: 10%

  2. from 29 to 22 days before the planned departure: 30%

  3. from 21 to 15 days before the planned departure: 40%

  4. from 14 to 7 days before the planned departure: 50%

  5. less than 6 days before the planned departure: 60%

§8 Liability

  1. The bus company is liable in the context of the due diligence of a prudent businessman for the proper performance of the transport.

  2. The bus company is not liable for performance disruptions due to force majeure, such as war, riots, epidemics, severely endangering weather and road conditions, border closures,roadblocks, no-fault vehicle breakdown, in particular due to no-fault
    accidents, technical defects on the vehicle despite proper maintenance, aggravation, danger or impairment of a significant nature, etc.

  3. The regulations on the return transport remain unaffected.

  4. In case of events, demonstrations, constructions and traffic jams, the customer also have no legal recourse against the bus company.

§9 Limitation of liability

  1. The liability of the bus company for contractual or tortious claims for damages for damages that do not result from injury to life, body or health is limited to ten times the rental price (see § 4 above) insofar

    1. as the damage occurred is due to intent or gross negligence of the bus company, its legal representatives or vicarious agents.

    2. the damages are based solely on a culpable action of the customer or one of his passengers.

  1. Section 23 PBefG remains unaffected. Liability for property damage to any transported person is excluded, as far as the damage exceeds € 1,000.

§10 Luggage and other things

  1. Usual baggage in the normal scope and - after agreement - other things are carried along.

  2. Explosive, highly flammable, corrosive, radioactive or malodorous substances, as well as unpacked or loose things and also stuff, which can injure people are excluded from carriage.

  3. For damage caused by items carried by the customer or his passengers, the purchaser shall be liable if they are based on circumstances for which he or his passengers are responsible.

§11 Behavior and liability of the customer and the passengers

  1. The customer is responsible for the behavior of his passengers during the transport. The instructions of the on-board staff must be followed. The contract partner is responsible for any damages to objects, the bus itself or persons caused by himself or his/her staff. Our other statutory rights shall remain unaffected.

  2. In accordance with paragraph 21 StVO all passengers are strictly obliged to wear safety belts, insofar there are safety belts installed in the bus. If it’s absolutely not necessary the passengers have to stay at their seat the whole time while the bus is moving. Only at the bus stops or in case of an emergency it is allowed to stand up.

  3. Passengers who fail to comply with reasonable instructions given by on-board staff 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 for other reasons the onward journey for the bus company unreasonable. Recourse claims of the purchaser against the bus company do not exist in these cases.

  4. Complaints are initially to the on-board personnel, and, if this can not remedy with reasonable effort, to address to the bus company.

  5. The purchaser is obliged to cooperate in the rectification of performance disruptions within his reasonable limits, in order to avoid or minimize any damage.

 

§12 Jurisdiction and place of performance

  1. Place

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.

  1. Jurisdiction

  1. 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.

  2. 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 not known at the time the legal action is brought, the place of jurisdiction is also the registered office of the bus company

  1. The law of the Federal Republic of Germany is decisive for the execution of the contractual relationship

§13 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.