Terms and conditions rental bus

Contract conditions of the company Eggers-Reisen, Omnibusbetrieb Rudolf Eggers for the rental of omnibuses

Dear Customers,

the following rental bus conditions, hereinafter abbreviated to "MOB", will be the content of the contract when the contract is concluded, which, in the case of bus rental between us, the Eggers-Reisen company, is hereinafter referred to as "bus company" and abbreviated to "BU", and the client, hereinafter abbreviated to "AG". Please read this MOB carefully before placing your order. We recommend that you carry this MOB with you during the journey, that you inform your tour guides and other agents as well as your passengers about the content of these contractual conditions so that they can at all times be aware of their rights and obligations as an AG and their effects on the behavior of the tour guides, agents and passengers themselves be able to orientate.

1. Legal basis, scope of these terms and conditions

1.1. The entire legal and contractual relationships between the BU and the AG are primarily based on the agreements made in individual cases (in particular on prices and services), insofar as these contractual conditions have been agreed and, alternatively, the provisions of tenancy law on the rental of movable property (§§ 535 ff. BGB) as well as service contract law (§§ 611 ff. BGB) apply.

1.2. If effectively agreed, these contractual conditions apply to contracts with natural persons and groups, insofar as the contract cannot be attributed to their commercial or independent professional activity (consumers within the meaning of § 13 BGB). These contractual conditions also apply to contracts with commercial or independent clients, insofar as they conclude the contract in the exercise of their commercial or independent professional activity (entrepreneur within the meaning of § 14 BGB).

1.3. The following contractual provisions only apply to entrepreneurs as an AG:

a) These contractual conditions also apply to all future contracts between the client and the BU, even if these contractual conditions have not been expressly agreed, referred to or declared applicable.

b) BU and AG agree for all future contracts of the AG with the BU in accordance with § 651a Paragraph 5 No. 3 BGB with this framework agreement that the provisions of §§ 651a ff. BGB (Subtitle 4) apply to all travel services of the AG for its business purposes are not applicable. AG and BU agree that the service is intended for business purposes, provided that an invoice is sent to the company of the AG.

c) General terms and conditions of the AG are not valid for the contractual relationship with the BU, even if they have been declared applicable by the AG and not even if the BU does not contradict these conditions.

1.4. Mandatory statutory provisions applicable to the contractual and legal relationship between the AG and the BU, in particular commercial law and passenger transport law, as well as applicable provisions from regulations of the European Union (in particular the Passenger Rights Regulation), remain unaffected by these contractual provisions.

2. Conclusion of a contract

2.1. The client can convey his interest in renting a bus verbally, by telephone, in writing, by e-mail, by fax and - if the BU provides for this on its website - online using a corresponding inquiry form.

2.2. The BU informs the AG on the basis of the information provided about the vehicles available, prices, services and other conditions. This information does not yet represent a binding offer of contract by the BU to the AG. At the same time, the BU informs the AG about the form of a possible order placement.

2.3. By placing the order, the AG offers the BU the conclusion of a binding rental agreement. Unless a specific form is expressly specified in the notification of the BU about the contractual conditions, the order can be placed orally, in writing, by telephone, by e-mail, by fax or - if so provided by the BU - online.

2.4. If the BU offers the option of a binding online booking via the BU's website, the BU informs the AG on the website about the individual steps for a binding booking and the further process of concluding the contract. In this case, the online booking becomes binding on the part of the AG by clicking the button "Book with obligation to pay" in the sense that the AG submits a binding contract offer to the BU to conclude a rental contract by clicking on this button, which if this contract offer is accepted by the BU leads to the conclusion of a contract with the client, which is subject to payment. The regulations in Clauses 2.5 to 2.7 apply accordingly to this booking process.

2.5. The AG is responsible for the contract offer made when the order is placed, Unless otherwise expressly agreed, 7 working days are bound.

2.6. The basis of the contract offer from the AG to the BU is the information on the vehicle, prices and services in the information on the contract conditions according to Section 2.2 as well as these contract conditions.

2.7. The contract is legally binding for the BU and the AG upon receipt of the BU's confirmation of the contract by the AG.

2.8. If the BU submits an offer expressly designated as binding, if necessary after prior clarification of the availability of the rental bus services desired or envisaged by the AG, the contract is concluded as follows, in deviation from the provisions in items 2.1 to 2.3 and 2.5 to 2.7:

a) In this case, the BU's offer represents the binding offer to conclude a corresponding rental agreement on the basis of the prices and services specified in this offer and this MOB.

b) The contract is legally binding when the client accepts this offer without extensions, restrictions or other changes in the form specified by the BU and the BU receives this declaration of acceptance within a period specified by the BU. The BU is entitled, but not obliged, to accept declarations of acceptance that are received late. It will inform the client of this immediately.

c) The BU will confirm receipt of its declaration of acceptance to the AG. In this case, however, the contract is already legally binding upon receipt of the client's declaration of acceptance by the BU, and the legally binding nature of the contract is therefore not dependent on the client's receipt of this confirmation of receipt.

2.9. In the case of groups, authorities, associations, institutions and companies, the client and contractual partner of the BU is exclusively the respective group, authority, etc., or the respective legal entity, unless the order is placed expressly for another natural or legal person or a majority of persons as the AG it follows from the circumstances that the order is to be placed in their name.

The person who gives the order for a group, authority, an association, an institution or a company is responsible for the obligations of the client for whom they are acting as for their own obligations, insofar as they express and separate this special liability Has accepted the declaration or has acted as a representative without power of representation in accordance with the statutory provisions (§ 179 BGB).

2.10. The BU points out that according to the statutory provisions (§ 312g Paragraph 2 Clause 1 Number 9 BGB), even if the contract was concluded by way of distance selling, there is no right of withdrawal. The AG's other statutory rights of withdrawal and termination remain unaffected.

3. Services and scope of the BU's contractual obligations, fixed-time transports, allocation of seats

3.1. The BU's obligation to perform consists in the rental of the vehicle including the driver (s) for passenger transport in accordance with the contractual agreements. Statutory or official regulations for passenger transport (in particular driving and rest times of the driver (s)) within the meaning of section 1.4 of these terms and conditions must be complied with at all times and are accordingly part of the contract. The BU therefore does not owe the transport itself in the sense of a contractual success.

3.2. The occasion and / or the purpose of the contractual transport is not the contractual basis without an express agreement with the BU. This also applies in particular if the cause and / or purpose is stated in the calculation bases. The omission or change of the occasion and / or purpose (in whole or in part), in particular the omission or failure of destinations, events, visits or the like, therefore do not justify any entitlement of the customer to a free withdrawal from the contract, a termination, a price reduction or other adjustments to the Contract.

3.3. If the contractually owed use of the bus serves the timely achievement of goals or events, the following applies:

a) The BU plans the time required and the resulting departure time, taking into account the route, the weather, the driving times and necessary breaks.

b) It is incumbent on the AG, in particular if this is an entrepreneur, and in particular if the AG has appropriate experience with the destination, the event and / or the route, to present relevant information and concerns about the planned route or the time required to the BU in good time.

c) If the BU does not violate any contractual or legal obligations, the BU is not liable for the timely achievement of the goal or the event. Costs incurred by the client or his passengers as a result of the delay shall be borne by the client.

d) If the BU takes measures (e.g. communication, use of additional drivers, use of alternative means of transport) to avoid delays or as a consequence of them as instructed or in agreement with the client or its agents, the client has to pay the corresponding expenses to the BU reimburse.

3.4. The BU's duty to perform does not include the supervision of passengers. In particular, the BU does not assume any contractual duty of supervision when transporting minors.

3.5. The following applies to the BU's obligation to provide benefits for disabled people or people with reduced mobility:

a) Support and care services are only owed by the BU if this has been expressly agreed or is legally binding.

b) The client has the duty to inform the BU of the likely number of people in need and to provide precise information about their restrictions and needs before the contract is concluded; the information must be supplemented and specified in good time before the start of the journey. If a significant increase in the number of people in need compared to the information given before the conclusion of the contract makes it necessary to use another bus, additional driver or other special measures, the client must pay a special fee for this in addition to the agreed remuneration.

3.6. The BU has no obligation to supervise things that the AG or its passengers leave behind in the passenger compartment of the vehicle; The BU is also not obliged to supervise luggage during loading and unloading. This does not affect claims of the client and his passengers due to breaches of duty by the BU and / or the driver with regard to the proper parking and locking of the bus and the overhead lockers as well as related technical defects of the bus.

3.7. Unless otherwise expressly agreed, the following applies to information and provisions in connection with the journey, especially when traveling abroad:

The BU is not obliged to provide the AG or its passengers with information on visa, entry, foreign exchange and customs regulations. The client is responsible for observing these provisions, complying with them and obtaining the necessary documents, permits and records. He is obliged to urge his passengers to comply with the regulations and to bring the relevant documents, identification papers and documents with them.

a) The BU does not owe the AG any information about legal consequences resulting from the rental of the bus, the occasion, the destination, the purpose and the execution of the trip. In particular, it is the sole responsibility of the AG to check whether, by placing the order with the BU and / or carrying out the journey, it has the legal status of a package tour operator, or whether the AG has its own contractual or statutory obligations towards its passengers in any other way with regard to the journey be justified. The client is solely obliged to comply with the relevant regulations.

b) Without an express agreement with the AG, the BU is not obliged to take out insurance for the benefit of the AG or its passengers in addition to the insurance that is incumbent upon it according to the statutory provisions, or to refer to such insurances. This applies in particular to travel cancellation insurance, travel interruption insurance or insurance to cover the costs of repatriation in the event of an accident or illness.

3.8. Within the framework of applicable legal provisions (in particular the observance of regulations by the BU regarding the bus transport of disabled persons or persons with reduced mobility), the allocation of certain seats in the bus and related contractual agreements with passengers are solely at the discretion and responsibility of the AG.

3.9. The BU, its driver or other agents are not obliged to organize, implement and ensure certain seat assignments without an express contractual agreement in this regard; in particular, there is no obligation to inform or instruct the passengers in this regard.

3.10. However, the BU, its driver or other agents are entitled to change seat assignments of the AG or its agents, in particular to assign bindingly different seats to passengers than those planned or agreed with the AG, if this is due to the fulfillment of legal obligations (in particular to disabled passengers or passengers with restricted mobility) or for security reasons. This also applies if such a seat allocation is a measure that is taken instead of an exclusion from carriage for the reasons stated in Clause 10.5 a) to f).

4. Changes in performance, changes in relation to the vehicle used

4.1. Changes to essential contractual services, in particular a change to the intended vehicle type, after the conclusion of the contract

become necessary and were not brought about by the BU in bad faith, are only permitted if the changes are not significant and do not affect the purpose of the contract.

4.2. Any warranty claims remain unaffected insofar as the changed services are defective.

4.3. The BU is obliged to inform the AG about significant changes in performance immediately after becoming aware of the reason for the change.

4.4. In the event of a significant change in an essential contractual service, the client is entitled to withdraw from the contract free of charge. The AG must assert this right immediately after the BU has declared the significant change in the contractual services.

4.5. If, due to a unilateral change request by the AG, for the consideration of which there is no contractual or legal entitlement of the AG, or due to corresponding agreements in the contract or after the conclusion of the contract, a reduction in the seating capacity, the inclusive kilometers, the contract duration or other essential contractual services, is the BU entitled to use a vehicle other than the one specified in the contract, if necessary instead of one vehicle, a maximum of two other or smaller vehicles. These vehicles may differ in quality from the contractually agreed vehicle in terms of type and equipment. Possible reduction claims of the client in the case of such a substitute use remain unaffected.

4.6. The regulation in Clause 4.5 applies accordingly if the use of a contractually specified vehicle has become impossible due to circumstances that are outside the risk and control area of the BU. This includes in particular failure due to force majeure or unavoidable, extraordinary circumstances (weather damage, theft, vandalism) as well as damage due to motor vehicle accidents for which the BU or its vicarious agents are not responsible.

5. Prices, payment

5.1. The rental price agreed upon conclusion of the contract applies, unless otherwise agreed or unless the prerequisites for a price increase in accordance with Section 6 of these contractual terms and conditions are met.

5.2. The agreed rental price includes the costs for fuel, oil and other operating resources and the personnel costs for the driver (s) in accordance with the agreed rental / deployment time and the agreed inclusive kilometers. Other additional and ancillary costs, in particular tolls and parking fees, are borne by the client. The BU will, as far as possible, inform the AG about the type and likely amount of such additional and ancillary costs before the contract is concluded. If accommodation and meals for the driver are not included in the price, the BU will inform the client of this before the contract is concluded (especially in the offer).

5.3. Additional costs incurred due to changes in performance or deviations from the calculation bases will be charged additionally. If an agreement on additional kilometers or the extension of the rental period has not been made, the additional expenditure will be calculated proportionally to the original agreement, whereby if the inclusive kilometers and rental period are exceeded at the same time, only the higher amount of the excess will be applied. Extensions of the rental period at the request of the AG are only possible with the express consent of the BU.

5.4. Invoices are due for payment on receipt without deduction. Payment methods other than cash or bank transfer are only possible if this has been expressly agreed in advance. Payments in foreign currencies are expressly excluded.

5.5. Transfers, especially from abroad, must be made free of charge and free of charges.

5.6. For the timeliness of payments, it depends on the credit on the BU's account.

5.7. If advance payments have been agreed, the BU is entitled to withdraw from the contract after a reminder with a deadline, provided it is ready and able to provide the contractual services and the AG has no legal or contractual right of retention and the AG is entitled to withdraw costs accordingly Item 7 of these terms and conditions.

5.8. If the AG is in arrears with the BU with undisputed payment claims from previous contracts or due to legal payment claims of the BU, the BU can refuse to provide the contractual services from later orders until the undisputed claim including default interest, dunning costs, court and legal fees is complete are paid. The AG can make the payment to avert the BU's right of retention subject to the reservation of repayment. If there is a delay in payment with contested contractual or legal payment claims, the BU can refuse contractual services from later contracts, unless the AG provides security beforehand through an unconditional, irrevocable and absolute bank guarantee or by depositing it in a trust account of a lawyer or notary appointed by the BU.

6. Price Increase

6.1. Unless otherwise agreed in individual cases, the BU is entitled to request a price increase of up to 10% of the contractually agreed price in the event of an increase in fuel costs, personnel costs as well as taxes and duties, insofar as this increase affects the agreed rental price.

6.2. An increase is only permitted if there are more than 4 months between the conclusion of the contract and the contractually agreed start of the transport service and the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable for the BU when the contract was concluded. The BU has to inform the AG immediately after becoming aware of the reason for the increase, to assert the increase and to prove the reason for the increase.

6.3. In the event of a permissible increase that exceeds 3% of the agreed basic rental price, the AG can withdraw from the contract without any obligation to pay the BU. The declaration of withdrawal does not require a specific form and must be declared to the BU immediately after receipt of the request for increase. However, to avoid misunderstandings, the client is recommended to use the written form for the declaration of withdrawal.

7. Withdrawal and termination by the client

7.1. The following provisions only apply unless otherwise agreed between the BU and the AG in individual cases. Rights of withdrawal by virtue of commercial usage are expressly excluded.

7.2. Without an express agreement in this regard, the client is not entitled to unilaterally demand a reduction or change in seat capacity, the operating time, the duration of the contract, the number of kilometers included, the type of vehicle stipulated in the contract or any other essential contractual services. If the BU agrees to such changes, it is entitled to the rights according to Clause 4.5 of these contractual conditions. A claim to a reduction in the agreed rental price can only be considered in accordance with Section 4.5 if the vehicle is used as an alternative.

7.3. The client can withdraw from the contract at any time before the start of the service. Contractual partners who are merchants or legal entities under private or public law must declare their withdrawal in writing or in electronic text form. It is strongly recommended that other clients declare their withdrawal in writing or in electronic text form.

7.4. In the event of a withdrawal, the BU must endeavor to use the contractually agreed bus or the contractually agreed transport capacities for other purposes within the framework of its normal business operations and without any obligation to make any special efforts.

7.5. The BU has to have the income from any other use offset against the remuneration claim. If it is not possible to use the bus or the contractually agreed transport capacities for any other purpose, the BU remains entitled to payment of the full rental price. However, the BU has to credit saved expenses.

7.6. The saved expenses can be assessed by the BU with a flat-rate deduction of 30% of the rental price. This deduction takes into account, in particular, saved fuel, toll and personnel costs.

7.7. The AG expressly reserves the right to prove to the BU that it did not suffer any or only a significantly lower failure and / or that the expenses saved were significantly higher than the flat-rate deduction of 30%. The client also reserves the right to provide evidence that the BU has used the unused contractual services (in particular, other use of the bus) for any other purpose or has omitted to do so without an objective justification. In the case of such evidence, the client has to pay no or only a correspondingly lower compensation.

7.8. The BU is only entitled if the BU was ready and able to provide the contractually owed services at the time of withdrawal and the non-use is not based on a circumstance for which the BU is responsible. There is also no entitlement to compensation if the withdrawal is due to the fact that the BU has made or announced significant changes to the services that are unreasonable for the AG, subject to the contractual provisions.

8. Withdrawal and termination by the BU

8.1. In addition to the case of default in payment by the AG, which is regulated in these contractual terms and conditions, the BU

- withdraw from the contract before departure

- or cancel the contract after the start of the service (start of the journey),

a) if the client violates contractual or legal obligations in a significant way despite a corresponding warning from the BU or such violations of duty are objectively to be expected and if such violations of duty are objectively capable of significantly jeopardizing, complicating or restricting the proper provision of the contractual services by the BU affect. If these prerequisites are met, the BU is only entitled to withdraw from the contract or to terminate it if it is objectively unreasonable for the BU to adhere to the contract due to the breach of duty, even taking into account the interests of the AG in the implementation of the contract.

b) as far as the client and / or his agents and / or his passengers violate safety or health regulations or objectively endanger the safety of the bus, the driver, the occupants of the bus or other road users or other third parties in any other way,

c) if the performance of the service is due to force majeure or an aggravation, endangerment or impairment of a considerable nature due to unavoidable and unpredictable circumstances such as war or war-like events, hostilities, insurrection or civil war, arrest, confiscation or obstruction by state organs or other persons, road blockades, Quarantine measures as well as strikes, lockouts or work stoppages for which he is not responsible is made considerably more difficult, endangered or impaired.

8.2. In the event of a resignation or termination according to Clause 8.1 a) and b), the BU's entitlement to the agreed remuneration remains. The regulations in Clauses 7.5 to 7.7 apply accordingly.

8.3. In the event that the BU is terminated after the start of the journey for the reasons stated in Clause 8.1 lit. c), the BU is obliged, at the request of the Client, to transport the passengers back, whereby there is only a right to return transport by bus. The return transport obligation does not apply if and to the extent that the return transport is impossible for the BU or unreasonable, taking into account the interests of the client and / or its participants. If such a termination results in additional costs for the return transport as such, these are to be borne equally by the client and the BU. Other additional costs, in particular costs for additional meals or accommodation (accommodation) for the AG's passengers, shall be borne by the AG.

8.4. If the BU terminates the contract for the reasons stated in Clause 8.1 lit. c), it is entitled to appropriate remuneration for the services already provided. For the remaining days of the original rental period after termination, section 7.5 ff. Apply accordingly.

9. Limitation of the BU's liability

9.1. The liability of the BU for contractual claims is limited to ten times the rental price, with the exception of liability for property damage, for which Clause 9.2 applies. This limitation of liability does not apply

a) for damages resulting from injury to life, limb or health that are based on a negligent breach of duty by the BU or an intentional or negligent breach of duty by a legal representative or vicarious agent of the BU,

b) for claims from other damages based on a grossly negligent breach of duty by the BU or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the BU,

c) for typical and foreseeable damage from the negligent breach of main performance obligations of the BU.

9.2. Section 23 PBefG remains unaffected. Liability for damage to property is therefore excluded if the damage per piece of baggage carried exceeds € 1,000 and is not based on intent or gross negligence.

10. Obligations and liability of the client, his employees and his passengers, notifications of defects (complaints)

10.1. The client is responsible for the behavior of its passengers during the journey.

10.2. Instructions from the driver or other BU employees must be followed by the AG, its tour guides or other agents and its passengers, insofar as these instructions relate to the implementation of and compliance with statutory regulations in Germany and abroad, in particular compliance with safety regulations and entry regulations insofar as such instructions are objectively justified in order to enable or ensure a proper course of the journey,

a) as far as the instructions serve to prevent or prevent unreasonable impairments for the driver and / or the passengers.

10.3. The AG itself is liable, if necessary jointly and severally with its passengers, tour guides or agents, for property damage or financial damage to the BU caused by its passengers, tour guides or agents, in particular damage to the vehicle, insofar as the damage was caused by a breach of contractual or legal obligations Obligations of the client has become causal or contributory and the client does not prove that neither he nor his passengers, tour guides or agents are responsible for the damage.

10.4. According to § 21 StVO, mandatory seat belts must be worn while driving. Seats may only be vacated for a short time. Every passenger is obliged to always get a firm hold in the vehicle, especially when leaving the seat for a short time. The client must ensure that passengers comply with these safety regulations, in particular by providing their passengers with appropriate express written or verbal information and by instructing their tour guides or other agents.

10.5. Passengers who, despite a warning, follow the factually justified instructions of the driver or
Failure to comply with other representatives of the BU can be excluded from the carriage and expelled from the bus if the instructions are not followed

a) a violation of legal regulations in Germany or abroad occurs or continues,

b) safety regulations are violated,

c) the safety of passengers is objectively endangered or impaired even without a violation of safety regulations,

d) the proper execution of the journey is objectively made considerably more difficult, endangered or impaired,

e) the passengers are significantly impaired in an unreasonable manner

f) for other significant reasons, the onward transport is objectively unreasonable for the BU, also taking into account the interests of the passenger concerned in the onward transport.

10.6. In the case of a justified exclusion from transport, the client has no right to return transport or recourse claims against the BU.

10.7. Notices of defects (complaints) about the manner in which the trip was carried out and / or the vehicle used and / or the driving style or the behavior of the driver or other agents as well as about the defects in other contractual services of the BU must initially be addressed to the driver or the other agents of the BU. The AG must urge its tour guides or other responsible agents, irrespective of whether the passengers themselves or have already made complaints, to make appropriate notifications of defects to the driver or other agents of the BU.

10.8. The driver or other representatives of the BU are required and entitled to remedy justified complaints. You are entitled to refuse the remedy if this remedy is not possible or only possible with disproportionate effort. In the event of such a refusal to remedy the situation, the customer's claims, in particular for a price reduction or for damages, remain unaffected.

The client is obliged to cooperate in the elimination of service disruptions within the scope of what is reasonable in order to avoid possible damage or to keep it as low as possible. He has to instruct his tour guides or other agents to behave accordingly before starting the journey.

11. Statute of Limitations

11.1. Contractual claims of the AG from injury to life, limb or health, which are based on an intentional or negligent breach of duty by the BU or a legal representative or vicarious agent of the BU, 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 the BU or a legal representative or vicarious agent of the BU.

11.2. All other contractual claims become statute-barred after one year.

11.3. The statute of limitations according to clauses 11.1 and 11.2 begins at the end of the calendar year in which the claim arose, but not earlier than at the time when the AG became aware of the reason for the claim and the BU as the opposing party or became aware of it without gross negligence would have to. If the last day of the period falls on a Sunday, a nationally recognized public holiday or a Saturday, the next working day takes the place of such a day.

11.4. If negotiations are pending between the AG and the BU about the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until the AG or the BU refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the suspension.

11.5. The above provisions do not affect mandatory statutory statute of limitations, in particular from the liability of the BU or its vicarious agents and vicarious agents (in particular the driver) according to liability provisions of road traffic, motor vehicle and passenger transport law. This only applies to AGs who are entrepreneurs insofar as deviating agreements are not permitted with them either.

12.Special regulations in connection with pandemics (in particular the corona virus)

12.1. The parties agree that the agreed rental bus services are always provided by the BU in compliance with and in accordance with the official specifications and requirements applicable at the time of the service.

12.2. The parties expressly agree that within the framework of this agreement, a right of termination due to force majeure or unreasonable changes to services due to official requirements for the implementation of trips is excluded.

12.3. The client agrees to observe appropriate usage regulations or restrictions of the BU when using services and to instruct all passengers to notify the BU office and the driver immediately in the event of typical symptoms of illness.

12.4. The contract is expressly agreed, subject to the BU's reservation of withdrawal, that the transport corresponds to the number of people corresponding to the contractually agreed maximum number of seats (without an express agreement, the permitted maximum capacity of seats without the driver and tour guide seat of the agreed bus applies), according to which the Rental bus ride is permissible over the entire agreed rental period.

13. Information on consumer dispute resolution

BU does not take part in a voluntary consumer dispute settlement. If consumer dispute settlement becomes mandatory for BU after these contractual conditions have been printed, BU will inform consumers of this in an appropriate form. BU refers to the European online dispute settlement platform for all contracts concluded in electronic legal transactions in accordance with Section 2.4 https://ec.europa.eu/consumers/odr/ down.

14. Choice of law and place of jurisdiction

14.1. German law applies exclusively to the contractual relationship between the AG and the BU. This also applies to the entire legal relationship.

14.2. Insofar as German law is fundamentally not applied for the liability of the BU in legal actions by the AG against the BU abroad, German law applies exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of claims of the AG.

14.3. The AG can only sue the BU at its headquarters.

14.4. For actions of the BU against the AG, the domicile / place of business of the AG is decisive. For lawsuits against AGs that are merchants, legal entities under public or private law or persons or companies who have their place of residence / business or habitual abode abroad, or whose residence / business address or habitual abode is unknown at the time the action is brought , the location of the BU is agreed as the place of jurisdiction.

14.5. The above provisions do not apply

a) if and to the extent that the contractually indispensable provisions of international agreements that apply to the contract between the client and the BU result in something else in favor of the client, or

b) if and to the extent applicable to the contract, non-mandatory provisions in the member state of the EU to which the AG belongs are more favorable for the AG than the following provisions or the corresponding German regulations.

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