Terms and Conditions by DB Regio Bus Ost GmbH (DB BusCharter Division)
These General Terms and Conditions of Business and Transportation (hereinafter referred to as "GTC") apply to all legal relationships in connection with bookings made via BEX Charter and snapbus.
Insofar as regulations concern both BEX and snapbus, this is summarized below under DB BusCharter.
§1 Subject
1.1 The two independent brands BEX Charter and snapbus are combined under the overarching term DB BusCharter as part of DB Regio Bus Ost GmbH. Both brands operate independently and jointly for customer orders.
BEX Charter (hereinafter referred to as "BEX") rents out company-owned buses with drivers for occasional transportation for any occasion.
DB Snapbus (hereinafter referred to as "snapbus") acts as an organizer of transfer services for nationwide events and purchases these services from external bus companies or uses BEX Charter's own coach fleet.
1.2 All services bookable via the websites of DB BusCharter, BEX and snapbus are provided in the name and for the account of DB Regio Bus Ost GmbH. BEX carries out the transportation itself or through bus companies commissioned by snapbus. Conversely, this also corresponds to the procedure of snapbus. All bookable buses and journeys are used exclusively for passenger transportation. Renting buses without drivers to customers for their own use is excluded; this also applies if the hirer has a permit to transport passengers by bus.
1.3 These GTC apply exclusively. They are an integral part of the contract between DB BusCharter with BEX or snapbus and the customer. Conflicting, supplementary or deviating terms and conditions of the customer shall only become part of the contract if DB BusCharter expressly accepts this.
§2 Conclusion of contracts
2.1 An order for transportation (hereinafter: "transportation contract") is concluded by a booking request from the customer and a booking confirmation from DB BusCharter.
2.2 The customer can enter a booking request on the homepages www.db-bus-charter.de, www.bex.de or www.snapbus.de. By bindingly confirming the booking request at the end of the input process, the customer submits a legally binding offer to DB BusCharter to be transported under the specified conditions, including a displayed total price. The customer will immediately receive an automatic confirmation of receipt of his booking request with a summary of the data entered.
2.3 The transportation contract is concluded at the moment DB BusCharter sends the customer a written booking confirmation. For his part, the customer receives an offer period of 14 days. If DB BusCharter informs the customer that it cannot comply with the booking request, no transportation contract is concluded.
2.4 If the booking confirmation differs from the booking request, the contract is concluded with the content of the booking confirmation if the customer
a. declares acceptance within one week of receipt of the booking confirmation, or
b. accepts the transportation service without objection and DB BusCharter has pointed this out to the customer in the booking confirmation.
2.5 Subsequent changes, additions or ancillary agreements to the transportation contract shall only become part of the contract if they have been agreed with DB BusCharter. Such agreements must be made in written or text form before the start of the journey. Change requests by the customer at or after the start of the journey can be made possible in consultation with the driving personnel deployed, provided there are no legal or operational reasons to the contrary.
In general, DB BusCharter reserves the right to mediate requests internally between the BEX and snapbus brands in order to efficiently serve customer needs.
§3 Service Content
3.1 The contractual performance of the transportation contract includes the provision of the necessary number of buses by DB BusCharter with drivers, in each case with the number of seats and comfort features booked and included in the booking confirmation, and the performance of the contractually agreed transportation. There is no entitlement to transportation in certain buses of contracted bus companies. DB BusCharter is entitled to use other means of transportation (e.g. large-capacity cabs) in exceptional cases.
3.2 The drivers employed shall work within the framework of the statutory working, driving and rest periods. The service provided by DB BusCharter is limited to the provision of one driver per bus, unless otherwise agreed in individual cases.
3.3 The departure and arrival times stated in the booking confirmation are empirical values and estimates based on normal operational and traffic circumstances. They do not constitute a claim on the part of the customer and the travelers to compliance with a specific departure or arrival time. However, DB BusCharter will not invoke these circumstances if the delay in arrival is due to intent or gross negligence on the part of DB BusCharter or its agents.
3.4 DB BusCharter's obligation to perform does not include the supervision of passengers, unless this has been expressly agreed. In particular, DB BusCharter does not assume any contractual duty of supervision when transporting minors.
3.5 Unless otherwise agreed, DB BusCharter is not obliged to provide the customer or his travelers with information on visa, entry, health, foreign exchange and customs regulations for trips abroad. The customer is obliged to encourage his travelers to comply with the regulations and to carry appropriate documents, identity papers and documents. Goods may only be carried duty-free in terms of type and quantity; luggage may not be locked in order not to delay customs clearance of the bus.
3.6 DB BusCharter, the driving personnel deployed or other agents are authorized, but not obliged, to assign specific seats to passengers.
§4 Compensation and payment
4.1 The customer has to pay the contractually agreed remuneration. Unless otherwise agreed, the price shall include all costs normally incurred for hiring the bus including the driver, including additional and ancillary costs such as hotel accommodation costs for the driver, parking and toll charges.
4.2 Payment is due to DB BusCharter no later than 28 calendar days before the day of departure. If the contract is concluded within four weeks before the start of the journey, the customer is obliged to pay the remuneration immediately.
4.3 If the customer does not make the due payment, DB BusCharter may withdraw from the contract after a payment reminder (reminder) and setting a reasonable deadline.
The right of DB BusCharter to demand compensation for expenses already incurred or damages incurred is not excluded by the withdrawal; this includes cancellation costs that DB BusCharter has to pay in the event of withdrawal (to bus companies already commissioned).
4.4 Change requests by the customer at or after the start of the journey, which are made possible in consultation with DB BusCharter or the driving personnel deployed, may cause additional costs not covered by the contractually agreed remuneration due to changes to the route or travel times. The customer must pay these additional costs if they are charged to the customer by DB BusCharter or a bus operator used by DB BusCharter after the journey has been completed.
4.5 The assertion of costs incurred by DB BusCharter due to damage or contamination remains unaffected.
§5 Increase in compensation
5.1 In the case of orders for which there are more than four months between the conclusion of the contract and the execution of the journey, Snapbus is entitled, unless otherwise agreed, to demand an increase in remuneration of up to 10% if
a. fuel costs, personnel costs, taxes or duties have increased and this increase affects the agreed remuneration,
b. the circumstances leading to the increase did not exist when the contract was concluded and were not foreseeable for DB BusCharter,
c. DB BusCharter informs the customer immediately after becoming aware of the reason for the increase and asserts the increase, and,
d. proves the reason for the increase.
5.2 In the event of a permissible increase in remuneration, the customer may withdraw from the contract immediately if the increase exceeds 3% of the agreed remuneration.
§6 Withdrawal and termination
6.1 (by the customer)
The customer can also withdraw from the contract at any time, even shortly before departure. The declaration of such a withdrawal must be made in written form to DB BusCharter. The receipt of the declaration by DB BusCharter is decisive for the time of withdrawal. In this case, the customer is obliged to pay reasonable compensation instead of the agreed remuneration, unless the withdrawal is due to a circumstance for which DB BusCharter is responsible. The reasonable compensation in case of withdrawal is
a. up to 30 calendar days before the planned start of the journey: 10 %,
b. between 29 and 22 calendar days before the planned start of the journey: 30 %,
c. between 21 and 15 calendar days before the planned start of the journey: 40 %,
d. between 14 and 7 calendar days before the planned start of the journey: 50%,
e. from 6 calendar days before the planned start of the journey: 60%
f. from 24 hours before the planned start of the journey: 100 %
of the agreed remuneration.
For an agreed remuneration of more than € 10,000.00, the cancellation fee shall, in deviation from sentence 6.1, amount to
a. between 27 and 20 calendar days before the planned start of the journey: 30%,
b. between 19 and 10 calendar days before the planned start of the journey: 45%,
c. between 10 and 3 calendar days before the planned start of the journey: 60%,
d. between 3 and 1 calendar days before the planned start of the journey: 85%
e. less than 24 hours before the planned start of the journey: 100%
of the agreed remuneration.
The customer is free to prove that DB BusCharter did not suffer any damage or that the damage was significantly less. In this case, the customer is only obliged to compensate the damage proven by him.
6.2 (by DB BusCharter)
DB BusCharter may withdraw from the contract before the start of the journey or terminate the contract after the start of the service (start of the journey),
a. if the customer or the travelers violate contractual or legal obligations in a significant manner despite a corresponding warning by DB BusCharter or if such breaches of duty are objectively to be expected and if such breaches of duty are objectively suitable to significantly endanger, complicate or impair the proper provision of the contractual services by DB BusCharter. If these conditions are met, DB BusCharter is only entitled to withdraw from or terminate the contract if it is objectively unreasonable for DB BusCharter to adhere to the contract due to the breach of duty, even taking into account the customer's interests in the execution of the contract,
b. if the customer and/or his passengers violate safety or health regulations or otherwise objectively endanger the safety of the bus, the driving personnel, the passengers of the bus or other road users or other third parties, or
c. if the provision of the service is made considerably more difficult, endangered or impaired by force majeure or by a considerable impediment, endangerment or impairment due to unavoidable and unforeseeable circumstances such as war or warlike events, hostilities, insurrection or civil war, arrest, confiscation or obstruction by state authorities or other persons, road blockades, weather events, quarantine measures as well as strikes, lockouts or work stoppages for which DB BusCharter is not responsible.
6.3 In the event of withdrawal or termination by DB BusCharter in accordance with paragraph (2) letters a or b, DB BusCharter's claim to the agreed remuneration remains in force, taking into account saved expenses.
In the event of termination by DB BusCharter after departure for the reasons stated in paragraph (2) lit. c, DB BusCharter is obliged to return the travelers at the customer's request, whereby there is only a right to return transport by bus. The obligation to return transport does not apply if and insofar as the return transport is impossible for DB BusCharter or unreasonable, even taking into account the interests of the customer and/or his travelers. If such a termination results in additional costs for the return transportation as such, these are to be borne equally by the customer and by DB BusCharter. Other additional costs, in particular costs for additional meals or accommodation (lodging) of the travelers shall be borne by the travelers themselves.
If DB BusCharter terminates the contract for the reasons stated in paragraph (2) lit. c, DB BusCharter shall be entitled to reasonable compensation for the services already rendered.
§7 Luggage and other items
Unless otherwise agreed, the carriage of luggage is limited to two pieces with maximum dimensions of 70 cm x 50 cm x 30 cm (length-width-height) and without entitlement to carriage in the passenger compartment of the bus, unless special arrangements have been made before the start of the journey. Dangerous substances and dangerous objects are excluded from carriage, in particular explosive, highly flammable, radioactive, foul-smelling or corrosive substances, as well as unpackaged or unprotected items that could injure passengers. The customer shall be liable for damage of any kind caused by items carried by the customer or his passengers if the damage incurred is due to circumstances for which he or his passengers are responsible.
Passengers must store and supervise their luggage in such a way that it does not endanger the safety and order of the operation and does not inconvenience other passengers. Passages as well as entrances and exits must be kept clear. Unless otherwise agreed, the transportation of animals is excluded. DB BusCharter is not obliged to supervise items that the customer or their passengers leave behind in the passenger compartment.
Customers and passengers are not entitled to have luggage or hand luggage loaded and unloaded by the driver. DB BusCharter is not obliged to supervise the loading and unloading of luggage. This does not affect claims of the customer and the travelers due to breaches of duty by DB BusCharter regarding proper parking and locking of the bus and the luggage compartments.
§8 Conduct and liability of the customer and passengers
8.1 The customer is responsible for the conduct of his passengers during transportation. The instructions of the on-board staff must be followed. The customer shall also be liable for damage caused by its passengers to the vehicle or other property of BEX Charter and its bus partners insofar as the damage was caused or contributed to by the customer's breach of its own contractual or statutory obligations and the customer does not prove that neither it nor its passengers are responsible for the damage. Other claims remain unaffected.
8.2 In accordance with § 21 StVO, seat belts must be worn while driving. Seats may only be left for short periods. Every passenger is obliged to ensure that they have a firm hold in the vehicle at all times, especially when leaving their seat for a short time.
8.3 Passengers who do not comply with the justified instructions of the on-board staff despite being warned may be excluded from transportation if the disregard of instructions poses a risk to the safety or order of the operation or to the passengers or if the onward transportation is unreasonable for BEX Charter or bus partners for other reasons. In such cases, the customer shall not be entitled to return transportation or recourse claims against BEX Charter and bus partners.
8.4 Complaints must first be addressed to the on-board staff and, if they cannot remedy the situation with reasonable effort, to DB BusCharter.
8.5 The customer is obliged to cooperate in the rectification of service disruptions to the extent reasonable in order to avoid or minimize any damage.
§9 Limitation of liability of DB BusCharter
9.1 DB BusCharter's liability for contractual claims is limited to 10 times the rental price, with the exception of liability for property damage, to which paragraph (2) applies. This limitation of liability does not apply
a. for damages resulting from injury to life, body or health, which are based on a negligent breach of duty by DB BusCharter or an intentional or negligent breach of duty by a legal representative or vicarious agent of DB BusCharter, as well as
b. for other damage caused by a grossly negligent breach of duty by DB BusCharter or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of DB BusCharter, and
c. for typical and foreseeable damages resulting from the negligent breach of main performance obligations by DB BusCharter.
9.2 Liability for material damage is limited as follows, unless it concerns damaged or lost mobility equipment:
a. Liability towards each person transported is excluded insofar as the damage exceeds EUR 1,000 and is not due to intent or gross negligence;
b. Notwithstanding the above, liability in the event of an accident is limited to a maximum of EUR 1,200 per item of luggage, unless the damage is due to intent or gross negligence.
9.3 In the event of accidents, the total cost of accommodation per passenger is limited to €80 per night for a maximum of two nights.
§10 Information on consumer dispute resolution
DB BusCharter participates in a dispute resolution procedure before a consumer arbitration board. The responsible consumer arbitration board is: söp Schlichtungsstelle für den öffentlichen Personenverkehr e. V. It can be contacted at the following address: Fasanenstraße 81, 10623 Berlin, Web: www.soep-online.de
§11 Limitation period
Insofar as there are no mandatory statutory regulations to the contrary,
a. contractual claims of the customer arising from injury to life, body or health, which are based on an intentional or negligent breach of duty by DB BusCharter or a legal representative or vicarious agent of DB BusCharter, expire after three years; this also applies to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by DB BusCharter or a legal representative or vicarious agent of DB BusCharter, and
b. all other contractual claims shall lapse after one year.
§12 Concluding provisions
12.1 The contractual relationship shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 Insofar as German law is not applied to the liability of DB BusCharter in the event of legal action by the customer against DB BusCharter abroad, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of the customer's claims.
12.3 The customer may only sue DB BusCharter at the registered office of DB Regio Bus Ost GmbH.
12.4 For legal action by DB BusCharter against the customer, the customer's place of residence/business is decisive. For lawsuits against customers who are merchants, legal entities under public or private law or persons or companies who have their place of residence / business or habitual residence abroad, or whose place of residence / business or habitual residence is not known at the time the lawsuit is filed, the place of jurisdiction is agreed to be the registered office of DB BusCharter.
12.5 The above provisions shall not apply if and to the extent that contractually non-modifiable provisions of international agreements applicable to the contract between the customer and DB BusCharter provide otherwise in favor of the customer, or if and to the extent that non-modifiable provisions applicable to the contract in the EU Member State to which the customer belongs are more favorable to the customer than the above provisions or the corresponding German provisions.
12.6 The legal invalidity of individual parts and provisions of these GTC shall not affect their validity or the validity of the remainder of the contract.
_____________________________________
These terms and conditions of travel are protected by copyright; Bundesverband Deutscher Omnibusunternehmer e. V. and Dr Holger Zuck, Stuttgart, 2010.
[As of 01/2023]
_____________________________________
DB Regio Bus Ost GmbH
Mannheimer Straße 33/34
D - 10713 Berlin
Managing Directors:
Frank Nostitz
Florian Szameit
HRB 251124 B
fon: +49 30 297 689 60
mailto:
