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General Terms and Conditions of WEIMAR-TOUR GmbH for charter bus services

English translation by Dr. Robert Gehrenbeck, UW-Whitewater, January 3, 2019

We, the tour operator WEIMAR-TOUR, ask our valued partners to take note of the following terms and conditions for contracts in the rental business before concluding your contract with us. The Lessee confirms by signing the offer that he accepts the terms and conditions. Within the framework of the contract, the following agreements have been made between the lessee and us accordingly.

 

1. Completion of the rental agreement

The contract must be concluded in writing using our forms. Agreements, ancillary agreements and special requests are recorded in writing. The rental agreement is concluded by the signature of the lessee and the contract confirmation by us. If the rental is not immediately confirmed by us, the lessee is bound to rent for two weeks. Within this period, the rental must be confirmed by us.

Short-term rentals two weeks before departure and shorter lead through the immediate confirmation of the contract. By telephone, we only accept binding reservations to which the rental agreement is concluded by means of the written offer, which the lessee must immediately return to us, and our order confirmation.

We can refrain from the reservation after seven days if the hiring party fails to return the signed offer to us. Claims for damages due to non-compliance with the reservation agreement remain unaffected.

If the order confirmation deviates from the offer, the confirmation contains a new contract application, to which we are bound for seven days and which the lessee can recognize by signing within this period.

The lessee signing the offer is obligated to pay the agreed rental price.

 

2. Payment

After completion of the trip, an invoice will be created by us and sent to the lessee. Payment of the complete invoice amount must be made within ten days of the account stated on the invoice or paid in cash at our office.

For multi-day trips with third-party services, such as hotel accommodation, we will create an Acontore bill for 80 percent of the agreed rental price before you travel. This must be paid to us in cash or by bank transfer no later than four weeks before your planned arrival. After the trip, the final bill will be made. For these, the normal payment conditions for invoices apply. If the deposit amount exceeds the amount of the final bill, the overpaid amount will be refunded by us to the lessee.

For new customers, we reserve the right to claim the entire rental price or part of it before departure.

3. Services

Our services are based on the offer and the binding order confirmation. Subsidiary agreements, special agreements and agreed special requests are to be included in the offer and in the order confirmation.

Prices shown by us do not include road usage, entry and parking fees. These will be charged to the lessee in full when the final invoice is issued.

For multi-day rentals, the cost of accommodation for the driver (driver in a single room with breakfast) is charged to the lessee.

4. Price changes

Four months after the conclusion of the contract [translator’s note: this refers to the date the contract goes into effect, rather than the dates of travel], an increase in the total price of up to 5% may be demanded if the prices of service providers have demonstrably and unforeseeably increased after conclusion [signing] of the contract, in particular transport costs, the charges for certain services such as port, airport or entry fees, or changes in applicable exchange rate changes. The price increase can be requested until the 21st day before departure.

A permissible change in price of a substantial travel service shall be declared to the lessee immediately after the tour operator becomes aware of the reason for the price increase. With price increases of more than 5% after conclusion [signing] of the contract, the lessee can withdraw from the contract free of charge.

5. Changes to services

Changes and deviations of individual travel services from the agreed content of the rental contract, which are  brought about after conclusion [signing] of the contract by us in good faith, are only permitted if they are not significant and do not affect the overall layout of the travel. We must immediately notify the lessee of a permissible change in a substantial travel service after having been aware of the reason for the change. In the event of a significant change in a substantial travel service, the lessee may withdraw from the contract.

6. Cancellation by the lessee

Cancellation by the lessee is possible at any time with the following stipulations regarding obligatory compensation paid by the lessee to the tour operator:  

If the cancellation occurs up to 42 days before departure: free of charge

from 41st - 29th day before departure: 15%  of the contractually agreed rental price;

from 28th to 22nd day before departure: 25% of the contractually agreed rental price;

from 21st to 15th day before departure 40% of the contractually agreed rental price;

from 14. - 08. day before departure 60% of the contractually agreed rental price;

from 07. - 01. day before departure 80% of the contractually agreed rental price;

on the day of travel or in case of no show: 100% of the contractually agreed rental price;

If admission tickets are included in the scope of services, 100% cancellation fees are to be paid.

7. Changes at the request of the lessee

If the lessee requires changes or rebookings after conclusion [signing] of the contract, we can charge a processing fee of 25, - € per person, unless we can demonstrate that a higher compensation is required (necessary rebooking and modification costs).

Costs per additional hour apply from a tolerance of 30 minutes. These will only be charged if caused by the customer and apply per bus and hour.

Costs for extra kilometers, outside the free kilometers included in the service description, will be charged as described. There is a tolerance of 10%. Other exceptions generally require written agreement.

If no details for multi-hours or kilometers are explicitly stated on the order, the following standard rates are calculated:

Waiting periods beyond a tolerance of 30 minutes are recalculated with 55, - € per started hour.

Additional kilometers above a tolerance of 10% will be charged with € 1.26 each.

These prices do not include environmental taxes, which are to be paid separately. Exceptions require the written confirmation by the service provider.

8. Disruptive behavior by the lessee

We can terminate a rental agreement without notice if the lessee exhibits disruptive behavior despite a warning, so that further implementation of the trip is no longer reasonable for us. This also applies if the lessee does not adhere to reasonably justified safety information.

We are further entitled to the rental costs insofar as saved expenditures and advantages do not arise from another utilization of the individual travel service (s). Claims for damages otherwise remain unaffected.

9. Termination due to force majeure

If the journey is made considerably more difficult, endangered or impaired as a result of unforeseeable force majeure upon conclusion [signing] of the contract, both contracting parties may terminate in accordance with § 651 j German Civil Code.

10. Warranty and remedy

If the travel services are not in accordance with the contract, the lessee may request redress, unless this requires a unreasonable redress. The remedy consists in the elimination of travel defects or an equivalent replacement service.

The lessee may request a reduction of the rental price if he directly indicates travel defects with the driver or with us, unless considerable difficulties make the notification of the defect unreasonable. If the lessee culpably fails to report the defect, he is not entitled to any claims for a reduction in the rental price.

If the trip is affected by a significant defect, the lessee can set a reasonable time to remedy the situation. If the trip is faulty and we do not remedy within the time period determined by the traveler, the lessee can also remedy the situation and demand compensation for the necessary expenses. The deadline is superfluous if the remedy is impossible, denied, or the immediate termination is justified by a particular interest of the lessee. This shall apply accordingly if the trip is not reasonable for the lessee lacking an important and recognizable reason.

In the case of justified termination, we can demand compensation for services rendered or to be completed at the end of the journey. The value of the travel services rendered as well as the total rental price and the value of the contractually agreed travel services are decisive for their calculation (see § 471 German Civil Code). This does not apply if the services provided or to be provided are of no interest to the lessee.

We have to take the necessary measures as a result of the immediate termination of the contract.

The Lessee may demand damages for non-performance, without prejudice to the reduction or the termination, unless the defect is due to a circumstance for which we are not responsible.

11. Liability of the lessee

The lessee is obligated to take reasonable steps to minimize any damage.

12. Limitation of Liability

Our limitation of liability for damage that is not personal injury is limited to three times the pro rata rental rate per person, as long as the damage is neither intentional nor grossly negligent, or if we are responsible for a loss incurred by the lessee solely because of a fault of a service provider.

If international travel conventions or legal provisions based on them apply to a travel service to be provided by a service provider, and if, according to said conventions or legal provisions, a claim for damages can only be asserted under certain conditions or restrictions, we may refer to these agreements and the legal provisions based on them in any disputes with the lessee.

In their own interest, the purchase of a travel insurance policy (health and accident insurance) is recommended.

13. Exclusion and limitation

Claims due to defective travel services, subsequent impossibilities and breaches of secondary obligations must be asserted to us within one month of the contractually agreed end of the trip. After expiry of the period, claims can only be asserted if the lessee was unable to comply with a specified due to no fault of his own.

Lessee's claims due to poor travel services, subsequent impossibilities and the violation of secondary obligations become barred by statute of limitations two years after the end of the contract.

If the lessee asserts claims within one month after the end of the contract, the statute of limitation is suspended until we reject the claims in writing.

14. Passport, visa and border police formalities

We are obligated to point out passport, visa and border-police formalities including interim changes, before the conclusion of the contract and before departure, which apply to the respective country of destination for German citizens without special conditions such as dual citizenship etc.

If the duty of submitting information is duly fulfilled by us, the lessee must complete any requirements for the trip, unless we have expressly undertaken to procure visas or certificates, etc.

If, due to a lack of personal requirements for the trip, difficulties arise due to the actions of the lessee, the lessee can not avoid paying for the contract. In this case, paragraphs 6 and 8 apply accordingly.

[Note: the original document lacks paragraphs 15 and 16.]

17. Participation in dispute settlement proceedings in accordance with the Law on Alternative Dispute Resolution in Consumer Matters (VSBG)

We always endeavor to settle any disagreements arising from our contractual relationships in a consensual manner. In individual cases and in general with amounts in dispute over € 500 we are also ready to carry out a conciliation procedure before the General Consumer Arbitration Board or a similar arbitration board, which we will name in the specific case. The conciliation procedures are, apart from abuse cases, free for the customer. While he is in the process, the statute of limitations period is suspended for any claims. If no agreement can be reached in mediation, legal recourse remains open.

18. Jurisdiction

The lessee can sue us at our headquarters. For claims on our part against the lessee, the domicile or place of business of the lessee shall be decisive, unless the claim is directed against registered traders or persons who have relocated their domicile or habitual residence abroad after the conclusion [signing] of the contract, or their domicile or habitual residence is unknown at the time of filing the suit. In these cases, our headquarters-location is decisive.

19. Final clause

We reserve the right to make changes to our terms and conditions at any time. The currently valid conditions can be viewed on our homepage. At the conclusion [signing] of the rental agreement, the general terms and conditions valid at the time of the conclusion [signing] of the contract apply, unless an amendment to these conditions is required by law or by official order. In this case, the conditions also apply retroactively.

The ineffectiveness of individual provisions does not justify the ineffectiveness of the other conditions as well as the rest of the contract.

 

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