Contractual conditions of the Ludwig Tours company for the rental of buses

Dear Customers,
the following rental bus conditions, hereinafter abbreviated "MOB", are, if effectively agreed, the content of the contract, which in the case of bus rental between us, the company [company name], hereinafter referred to as "bus company" and abbreviated to "BU", and the Client, hereinafter abbreviated to "AG", comes about. Please read this MOB aloud

when placing the order carefully. We recommend that you carry this MOB with you during the journey, inform your tour guides and other agents as well as your passengers about the content of these contractual terms and conditions, so that they can at all times inform themselves about their rights and obligations as an AG and their effects on the behavior of the tour guides, Agents and passengers can guide themselves.

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1. Legal basis, scope of these terms and conditions

1. 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) application.

2. 1.2. If effectively agreed, these contractual conditions apply to contracts with natural persons and groups, provided that the contract cannot be attributed to their commercial or independent professional activity (consumers within the meaning of Section 13 of the German Civil Code). 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).

3. 1.3. The following contractual provisions only apply to entrepreneurs as an AG:

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

      have been declared.

   2. b) General terms and conditions of the client have for the contract

      The relationship with the BU is not valid, even if it has been declared applicable by the AG and not even if the BU does not contradict these conditions.

4. 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

1. 2.1. The client can communicate 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. 2.2. 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.

3. 2.3. By placing the order, the AG offers the BU the conclusion of a binding rental contract. 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.

4. 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 Internet 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 by clicking this button to conclude a rental contract, which in the event that this contract offer is accepted by the BU leads to the conclusion of a contract with the AG that is liable to pay. The regulations in items 2.3 to 2.7 apply accordingly to this booking process.

5. 2.5. Unless otherwise expressly agreed, the client is bound to the contract offer made when the order is placed for 7 working days.

6. 2.6. The basis of the contract offer by 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.

7. 2.7. The contract is legally binding for the BU and the AG upon receipt of the BU's order confirmation by the AG.

8. 2.8. Submit the BU, if necessary after prior clarification of the availability

If the rental bus services requested or envisaged by the AG, an offer expressly designated as binding, the contract, in deviation from the provisions in items 2.1 to 2.3 and 2.5 to 2.7, comes into being as follows:

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 AG 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 when the BU receives the declaration of acceptance from the client 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 than AG takes place or it emerges 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).

3. Services and scope of the BU's contractual obligations, scheduled transports, seat allocation

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. The BU therefore does not owe the transport itself in the sense of a contractual success.

3.2. The cause and / or the purpose of the contractual transport is not the contractual basis without an express agreement in this regard with the BU. The omission or change of the occasion and purpose (in full or in part), in particular the omission or failure of destinations, events, visits or the like, therefore do not justify any entitlement of the client 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) DasBUplant, taking into account the route, the weather, the

Driving times and necessary breaks the time required and the resulting

time of departure.

1. b) It is incumbent on the client, in particular if he is an entrepreneur, and

   in particular, if the client has relevant experience with the goal, 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.

2. 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.

3. d) If the BU takes measures (eg communication, use of additional drivers, use of alternative means of transport) to avoid delays or as a consequence thereof according to instructions or in agreement with the client or its agents, the client has to inform the BU to reimburse the corresponding expenses.

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1. 3.4. The BU's obligation to perform does not include the supervision of passengers. In particular, the BU does not assume any contractual duty of supervision when transporting minors.

2. 3.5. The following applies to the BU's obligation to provide benefits for disabled people or people with reduced mobility:

   1. a) Support and care services are only owed by the BU if

      if this is expressly agreed.

   2. b) The AG is obliged to inform the BU on the

      indicate the likely number of people in need and provide precise information about their limitations and needs; the information must be completed 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.

1. 3.7. Unless otherwise expressly agreed, the following applies to information and provisions in connection with the journey, especially when traveling abroad:

   1. a) The BU is not obliged to notify the AG or its passengers

      to issue visa, entry, foreign exchange and customs regulations. The client is responsible for the observance of these provisions, their observance and the procurement of the necessary documents, permits and records. He is obliged to encourage his passengers to comply with the regulations and to bring the relevant documents, identification papers and documents with them.

   2. b) 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 client to check whether he is in the legal position of a package tour operator by placing the order with the BU and / or carrying out the trip or whether the client has any other contractual or statutory obligations relating to the trip in turn be justified vis-à-vis its passengers. The client is solely obliged to comply with the relevant regulations.

   3. c) 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 or to refer to such insurances beyond the insurance required by the statutory provisions. 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.

2. 3.8. Within the framework of applicable legal provisions (in particular the observance of regulations by the BU regarding bus transports for disabled persons or persons with restricted mobility), the allocation of certain seats in the bus and related contractual agreements with passengers are solely at the discretion and within the Area of ​​responsibility of the client.

3. 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.

4. 3.10. However, the BU, its driver or other agents are entitled to change seat assignments of the AG or its drivers or agents, in particular to assign bindingly different seats to passengers than those intended or those agreed with the AG, if this is due to the fulfillment of legal obligations ( especially for disabled passengers or passengers with restricted mobility) or for safety reasons. This also applies if such a seat allocation is a measure that is taken instead of exclusion from carriage for the reasons stated in Clauses 10.5 a) to f).

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

1. 4.1. Changes to essential contractual services, in particular a change to the intended vehicle type, which become necessary after the conclusion of the contract and which the BU has not brought about in good faith, are only permitted insofar as the changes are not significant and do not affect the purpose of the contract.

2. 4.2. Any warranty claims remain unaffected insofar as the changed

other services are flawed.
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 shall exercise this right immediately after the BU has declared the significant change in the contractual services

do.

4.5. If, due to a unilateral change request by the AG, for the consideration of which the AG has no contractual or legal entitlement, or due to corresponding agreements in the contract or after the conclusion of the contract, a reduction in the seating capacity, the route, the route length, the contract duration or other significant changes - Payable services are carried out, the BU is entitled to use a different vehicle than the contractually intended vehicle, if necessary instead of a 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 the failure due to force majeure (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 route. 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 requested by the client will be charged additionally.

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 No. 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 statutory payment claims of the BU, the BU can refuse to provide the contractual services from later orders until the undisputed claim including interest on arrears, dunning costs , Court and legal fees have been paid in full. 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 statutory payment claims, the BU can refuse contractual services from later contracts, unless the AG has previously provided security through an unconditional, irrevocable and absolute bank guarantee or by depositing one of the BU's in an escrow account specific lawyer or notary.

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 not in advance of the conclusion of the contract for the BU.

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were visible. 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 or text form (e-mail) for the declaration of withdrawal.

7. Withdrawal and termination by the client

1. 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.

2. 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 contract duration, the route, the route length, the contractually intended vehicle type or 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 terms and conditions. A claim to a reduction in the agreed rental price is only possible in accordance with Section 4.5 if the vehicle is used as an alternative.

3. 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.

4. 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.

5. 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 allow saved expenses to be credited.

6. 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 saved fuel and personnel costs.

7. 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 made other use of the contractual services not used (in particular another use of the bus) or has been omitted for no objective justification. In the case of such evidence, the client has to pay no or only a correspondingly lower compensation.

8. 7.8. The BU shall only have a claim if the BU was ready and able to provide the contractually owed services at the time of withdrawal, the non-use is not based on a circumstance for which the BU is responsible and there is no case of force majeure. 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.

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),

1. a) if the client violates contractual or legal obligations in a significant way despite a warning from the BU or such violations of duty are objectively to be expected and if such breaches of duty are objectively likely to jeopardize the proper provision of the contractual services by the BU, to complicate or impair. If these prerequisites are met, the BU is only entitled to withdraw from the contract or to terminate the contract 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 execution of the contract.

2. b) if the client and / or his agents and / or his passengers violate safety regulations or otherwise ob-

   jectively the safety of the bus, the driver, the occupants of the bus

   or endanger other road users or other third parties,

3. c) if the performance of the service is caused by force majeure or by an aggravation, endangerment or impairment of a considerable nature

unpredictable circumstances such as war or events similar to war, hostilities, insurrection or civil war, arrest, confiscation or hindrance by state organs or other persons, road blockades, quarantine measures and strikes, lockouts or stoppages for which he is not responsible , 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 half by the AG and the BU. Other additional costs, in particular costs for additional meals or accommodation for the AG's passengers, are borne by the AG.

8.4. If the BU cancels the contract for the reasons stated in Clause 8.1 lit. c), it is entitled to appropriate remuneration for the services already performed and those still to be performed under the contract, provided that the latter is still of interest to the BU despite the termination are.

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 damage resulting from injury to life, body or

health 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 on 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 € 1,200 and is not based on willful 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. To obey the instructions of the driver or other employees of the BU, his tour guides or other agents and his passengers,
a) as far as these instructions relate to the implementation and compliance

legal regulations in Germany and abroad, in particular on the

compliance with safety regulations and entry regulations,

1. b) to the extent that such instructions are objectively justified in order to

   to enable or ensure the normal course of the journey,

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

   the.

10.3. The AG itself is liable, if necessary jointly and severally with its passengers, tour guides or agents, for property or pecuniary damage to the BU caused by its passengers, tour guides or agents, in particular damage to the vehicle, insofar as for the occurrence of the damage the breach of own contractual or legal obligations of the client has become the cause or contributory cause 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 have a firm hold in the vehicle, especially when leaving the seat for a short time. The client has to ensure compliance with these safety regulations by the passengers, in particular by corresponding express written or verbal information to his passengers and by corresponding instruction of his 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 transport and expelled from the bus if the instructions are not followed
a) a violation of legal regulations in Germany or abroad

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occurs or persists,

1. b) safety regulations are violated,

2. c) the safety of passengers even without a breach of security

   regulations are objectively endangered or impaired,

3. d) a proper execution of the journey objectively significantly

   sword, endangered or impaired,

4. e) the passengers are significantly impaired in an unreasonable manner

5. f) onward transport for the BU for other significant reasons

   also taking into account the interests of the passenger concerned

   is objectively unreasonable in the onward transport.

1. 10.6. In the case of a justified exclusion from carriage, a

   Right to repatriation or recourse claims of the client against

   above the BU not.

2. 10.7. Notices of defects (complaints) about the manner in which the

   The journey and / or the vehicle used and / or the driving style or the behavior of the driver or other agent as well as about the defects of other contractual services of the BU must first be directed to the driver or the other agents of the BU. The AG must urge its tour guides or other responsible agents, irrespective of whether corresponding complaints are made by the passengers themselves or have already been made, to make appropriate notifications of defects to the driver or other agents of the AG.

3. 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, claims of the client, in particular for a reduction in price 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 encourage his tour guides or other agents to behave accordingly before starting the journey.

11. Statute of Limitations

1. 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.

2. 11.2. All other contractual claims become statute-barred within one year.

3. 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 point in time at which the AG became aware of the reason for the claim and the BU as the counterparty or should have become aware of it without gross negligence. If the last day of the deadline falls on a Sunday, a nationally recognized public holiday or a Saturday, it occurs

   the next working day in place of such a day.

11.4. Pending negotiations between the AG and the BU negotiations on the

decision or the circumstances giving rise to the claim, the statute of limitations is suspended until the client or the BU refuses to continue 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 with them are not permitted.

relationship.
12.2. As far as the AG's actions against the BU abroad for the BU's liability

German law is basically not applied, only German law applies with regard to the legal consequences, in particular with regard to the type, scope and amount of claims of the client.

12.3. The AG can only sue the BU at its headquarters.
12.4. For actions of the BU against the AG, the domicile / place of business of the AG is

authoritative. For actions against AGs that are merchants, legal entities under public or private law or persons or companies that have their place of residence / business or habitual residence abroad, or their residence / business address or habitual residence at the time of If no legal action is known, the place of jurisdiction is agreed to be the headquarters of the BU.

12.5. The above provisions do not apply
a) if and insofar as non-mandatory contractual provisions

international agreements that are to be applied to the contract between the AG and the BU, something else in favor of the AG results or

b) if and to the extent that non-mandatory provisions applicable to the contract 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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© Protected by copyright; RA Noll, Stuttgart, 2009 - 2012 ______________________________________________________

12. Choice of law and place of jurisdiction

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

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