Terms & Conditions

Busservice Watzinger GmbH & Co. KG

§ 1 Offer and Contract Agreement
1. Offers of the company, Busservice Watzinger GmbH & Co. KG (hereafter referred to as Watzinger) are subject to alteration unless specified otherwise.
2. The customer can put through his/her order in writing or in electronic form.
3. The contract is concluded once a written or electronic confirmation on the part of Watzinger has been issued, unless a different agreement was made. In the event that the content of the confirmation differs from that of the order, the contract shall follow the outline of the confirmation unless the customer objects within one week of the confirmation issue date.

§ 2 Description of Services
1. The contractual services are limited to the details specified in the order confirmation.
§1 para. 3 und § 3 remain unalterable.
2. With the confirmation of the customer’s order, the services include, within the stipulated guidelines, the supplying of a vehicle of the type specified, as well as a driver for the implementation of the transportation; no services beyond the contractual agreement are permissible.
3. Should the customer request a transportation route other than the one foreseen by Watzinger, a safe implementation of the vehicle’s journey must be ensured: in particular with regard speed and height limits, as well as narrow roads.
4. The contractual services do not include:
a) the fulfillment of the trip’s purpose
b) responsibility for passengers, in particular children, youths and people requiring special assistance
c) responsibility for luggage/personal belongings that the customer or his/her passengers leave inside the vehicle
d) responsibility for luggage/personal belongings during loading and unloading
e) information regarding regulations that apply to the passengers, in particular passport, health, customs and foreign currency regulations and the passengers’ adhesion to these regulations.
The above is redundant if other agreements are concluded.

§ 3 Change of Services
1. A change of services by Watzinger that might become necessary following the conclusion of the contract are permissible when the conditions that cause the modification do not represent a breach of faith and that the change is not considerable and is viewed as reasonable in the eyes of the customer. Watzinger will inform the customer of any change as soon as it is known.
2. A change of services by the customer are possible with Watzinger’s agreement. It must be in writing or in electronic form, unless specified otherwise.

§ 4 Pricing and Payment
1. The prevailing rental price is the one agreed upon in the signed contract. Watzinger reserves the right to increase the rates/ prices up to 10% of the original offer due to rising gas prices, wages and taxes.
2. All additional costs (i.e. road tolls, parking fees, accommodations costs including half board for the driver/s) are not included in the rental price, unless specified otherwise.
3. Additional costs due to a modification of services requested by the customer will be charged extra.
4. Additional costs (i.e. nighttime supplements, additional kilometers) caused by traffic jams or road diversions, thus bringing about higher number of kilometers or driving time, will be charged to the customer.
5. The customer will be charged for any abnormal cleaning services or damages to the vehicle caused by his/her passengers.
6. Invoices are to be paid upon receipt in full.

§ 5  Withdrawal from Contract and Cancellation of the Customer
1. Withdrawal from contract
The customer may withdraw from the contract prior to the beginning of the journey. Should he/she do so, and if the withdrawal is not due to a situation that Watzinger is responsible for, Watzinger reserves the right to claim reasonable cancellation fees in lieu of the agreed contract price.  The fees will depend on the contractual transportation price minus the value of the services not rendered by Watzinger and by the gain of the possible use of the vehicle for other trips.
Watzinger may charge cancellation fees according to the following basic guidelines:

In the case of a withdrawal from contract
a) The planned journey can be cancelled free of charge up to 48 hours prior to the beginning of the service.
Exceptions: The services ordered exceed EUR 2,500.00 or more than three vehicles are booked per day or extensive preparation work for the trip's itinerary, schedule, etc. has been needed. In this case an invoice reflecting the completed working hours (preparation, salary, etc.) must be paid by the customer.
b) Withdrawal made less than 48 hours prior to the planned services 80% of the coach rate will be charged.
c) When no-show 100% of the coach rate will be charged.

In the event of third-party services being booked by the customer (hotel accommodations, tour guide services, admission fees, tickets for events, restaurant reservations, etc.) the individual service suppliers' cancellation fees apply.

Crucial for determining the time allowance is the time the cancellation is received.
All cancellations have to be made in writing (fax +49 (0) 89 24 248 291 or email info(at)watzinger.de) during office hours from Monday through Friday before 5.30 pm. Cancellations in due time are not final until reconfirmed in writing by Busservice Watzinger.

2. Termination of Contract
a) Should changes in the agreed service become necessary once the journey has begun, in the event that these changes are considerable and are unacceptable to the customer, he/she may terminate the contract without incurring any further charges. In this case Watzinger is obliged, if so requested by the customer, to transport him/her and the passengers back, using the type of vehicle stipulated in the contract. In the event of a termination of contract due to an act of God, possible additional costs for the return to the starting point shall be charged to the customerb) Further claims on the part of the customer are not permissible if the necessary change of services is due to an event for which Watzinger has no responsibility. c) In the event that the customer terminates the contract, Watzinger is to receive compensation proportionate to the services already rendered and even for services that were to be rendered within the terms of the contract, provided that these may be in the interest of the customer despite the termination of contract.§ 6 Withdrawal from Contract and Cancellation of Watzinger1. Withdrawal from contractPrior to the beginning of the trip, Watzinger is allowed to withdraw from the contract if exceptional circumstances for which the company is not responsible make it impossible to render the agreed services. In this case, the customer is entitled solely to a compensation for the necessary expenditure connected with ordering the vehicle. 2. Termination of Contracta) Watzinger may terminate the contract after the beginning of the journey if the services to be rendered are hindered, endangered or impaired  In the case of contract termination due to an act of God or considerable hindrance, endangerment or incapacitation, Watzinger is obliged to return the customer and his/her passengers to the starting point, if so desired by the customer; using, however, the mode of transportation specified in the contract. In the case of contract termination due to an act of God, possible additional costs, if applicable, for the return transportation, are to be billed to the customer.b) In the event that Watzinger terminates the contract, Watzinger is to receive compensation proportionate to the services already rendered and even for services that were to be rendered within the terms of the contract, provided that these may be in the interest of the customer despite the termination of contract.§ 7 Liability1. Watzinger’s liability underlies the general framework of a legal commercial enterprise’s duty to ensure the smooth running of its transportation contracts.2. Watzinger cannot be held liable for service disruptions due to an act of God, unforeseen circumstances such as war or warlike conditions, hostilities, a rebellion or civil war, arrest, confiscation or hindrance by state authorities or other persons, road blocks, placing under quarantine, as well as a strike for which the company is not responsible, workers’ lockout or resignation3. Watzinger cannot be held liable for luggage left in the passenger area or luggage area (burglary, etc.)4. The regulations applicable to return transportation to the point of departure remain unaffected.§ 8 Limitations of Liability1. The bus company’s liability with regard to contractual damage claim for property damage is limited to a maximum of three times the bus rental price (see § 4 above), whereby the liability to each individual passenger is limited to the proportionate division of the triple rental sum. In the event that tort damages are to be awarded, each entitled passenger may receive a sum of up to, but not above, EUR 4,000. Should the per person portion of the triple vehicle rental price prove to be higher than this sum, the liability will be limited to the individual per person portion of the triple rental price. 2. § 23 of the German Personenbeförderungsgesetz (passenger transportation laws) remains unaffected. Liability for property damage is not possible if the sum exceeds EUR 1,000 per passenger.  3. Paragraphs 1. and 2. of the above limitations are not valid in the event that damages were caused with intent or through an act of negligence.4. Watzinger cannot be held liable for damages that are solely due to the customer’s or his/her passengers’ fault.5. The customer releases Watzinger and all persons Watzinger has commissioned with the carrying out of the contract services of all damage claims pertaining to the items described in § 2, paragraph 3 and points a) to e). § 9 Baggage and other Items1. Baggage of a usual quantity and – on request – other items can be transported with the passengers.2. Damages to the said baggage and transported items, caused by the customer or by his/her passengers are the liability of the customer or when the damages are the result of conditions for which the customer or his/her passengers are responsible. § 10 Liability of the Customer and of his/her Passengers1. The customer is responsible for his/her passengers’ behavior during the trip. The bus staff’s instructions are to be followed.2. Passengers who, despite warnings, do not comply with the bus staff’s instructions (provided these are for a reason), may be denied transportation if their refusal to conform to the regulations pose a threat to the safety or running order of the trip or to fellow passengers or for other reasons which makes further transportation unacceptable to Watzinger. In these cases regress on the part of the customer is unacceptable to Watzinger. 3. Complaints are to be made first to the bus staff and, should the outcome, despite reasonable mutual effort, prove dissatisfactory, the complaint should then be addressed to Watzinger. It is the customer’s duty to cooperate in solving disturbances of planned services – naturally within the framework of his/her acceptance – so as to avoid possible damages or so as to keep the same minimal. § 11 Court of Jurisdiction and Place of Contract Fulfillment1. Place of Contract FulfillmentThe place where the contract is to be fulfilled between the supplier and businesses, legal entities or public corporations, etc. is solely the seat of the bus enterprise.2. Court of jurisdictiona) If the customer is a business, a legal entity or a public corporation, the court of jurisdiction is the seat of the bus enterprise.b) If the customer has no general court of jurisdiction within the Federal Republic of Germany or if he/she transfers his/her place of residence outside of Germany or is no longer known at his/her usual place of residence at the institution of the proceedings the court of jurisdiction is the seat of the bus enterprise.3. The implementation of the items agreed by contract underlies the laws of the German Federal Republic.§ 12 Ineffectiveness of Individual RegulationsShould any part of the contract prove to be inoperative (void), including the present general conditions of sale regarding rental bus transportation, this does in no way entail the inoperativeness of the contract as a whole.