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.
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 customer
b) 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 Watzinger 1. Withdrawal from contract Prior 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 Contract a) 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 Information on Internet use and risks
Our customers/users are advised that the data traffic generated in the use of the internet may be uncoded. This means that the data may be accessible to third parties. Busservice Watzinger only allows access to the internet. The downloaded content is not subject to any examination by Busservice Watzinger. In particular, it is not examined whether it contains damaging software (virus, Trojans, worms etc.). Busservice Watzinger expressly advises customers/users that there is a risk that
damaging software can infect the terminal device when using the internet. The use of the internet/WLAN during the bus trip is at the customer/user’s own risk.
§ 8 Data protection
The customer/user is aware that the personal data required for internet use (e-mail, IP address, visited websites) are stored by the telecommunications service provider in accordance with the legal stipulations.
§ 9 Security requirements for internet use (WLAN)
The customer/user is obliged to observe applicable law when using the internet. The customer bears sole responsibility for the data transmitted via the internet provided by Busservice Watzinger, the charged services used on the internet and the legal transactions conducted.
In particular, the customer/user is obliged:
– not to use the internet to download or disseminate immoral or illegal content;
– not to duplicate, disseminate or make accessible any copyright-protected property in breach of the law;
– to observe the applicable youth protection regulations;
– not to send or disseminate any offensive, libellous or threatening content;
– and not to use the internet to send mass messages (spam) and/or other forms of impermissible advertising.
The customer/user is liable for all damages incurred by Busservice Watzinger by abusive or illegal use of the usage authorization.
§ 10 Availability of WLAN / Internet
Busservice Watzinger provides no guarantee for the permanent availability of the data transmission services by WLAN during the trip. The customer/user is aware that data transmission services can only be provided on the basis of the provision and availability of wireless connectivity, Wi-Fi, satellite etc. that legally independent third parties make available as the operators of telecommunications networks. The availability of telecommunications services (data transmission) can to this extent be restricted spatially by the transmission ranges of the transmission masts operated by the respective telecommunications service providers. The availability and the quality can also be impaired due to technical or operational reasons, in particular, wireless-related, atmospheric, geographic or topographic circumstances, or by obstacles (bridges, tunnels, buildings etc.) at certain times and at certain places. Busservice Watzinger rules out the constant availability of the telecommunications services insofar as the necessary wireless signals are not available or not provided by third parties. If known, Busservice Watzinger will advise customers of the restricted availability before the trip begins.
§ 11 Baggage and other Items 1. 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.
§ 12 Liability of the Customer and of his/her Passengers 1. 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.
§ 13 Liability 1. 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 resignation
3. 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.
§ 14 Limitations of Liability 1. 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).
§ 15 Place of performance, dispute settlement and place of jurisdiction
1. Place of performance.
In relation to merchants, legal entities established under public law or special funds under public law, the place of performance shall exclusively be the registered seat of the bus operator.
2. Dispute settlement.
According to the German Consumer Dispute Resolution Act [Verbraucherstreitbeilegungsgesetz], we are obliged to attract your attention to the fact that there are what is known as arbitration boards for complaint cases, to whom you can turn, as for example the Arbitration Board for Public Passenger Transport [Schlichtungsstelle für den öffentlichen Personenverkehr e.V. (söp)], www.soep-online.de, or the General Consumer Arbitration Board [Allgemeine Verbraucherschlichtungsstelle], www.verbraucher-schlichter.de. Simultaneously, we point out that we do not participate in a dispute settlement proceeding before a consumer arbitration board.
3. Place of jurisdiction.
a) If the customer is a merchant, a legal entity established under public law or a special fund under public law, the place of jurisdiction shall be the registered seat of the bus operator.
b) If the customer has no general place of jurisdiction in Germany or if they move their place of residence or habitual place of abode abroad after the contract has been entered into, or if their place of residence or habitual place of abode is not known at the time when the action is brought, the place of jurisdiction shall also be the registered seat of the bus operator.
4. The laws of the Federal Republic of Germany shall be authoritative for the implementation of the contractual relationship.
§ 16 Ineffectiveness of Individual Regulations Should 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.
Busservice Watzinger GmbH & Co. KG
Landsberger Straße 181
Telefon 089 24248-0
Telefax 089 24248-291