Terms of business / Berlin Rock Coaches GmbH & Co. KG
(Berlin Rock Coaches private limited company)
§ 1 OFFER ABD CONCLUSION OF AGREEMENT
- Offers of Berlin Rock Coaches GmbH & Co. KG are subject to alteration without notice.
- Orders can be placed verbally or in written form. The contract will come into effect with written confirmation by Berlin Rock Coaches.
§ 2 SCOPE OF SERVICE
- The details of the written confirmation shall prevail to the scope of contactual service.
- Service covers the supply of a vehicle as agreed in the written confirmation, a driver and the realization of transportion.
- Agreed service does not include supervision of the passengers, supervision of objects belonging to the custome or to passengers left inside the vehicle, supervision of luggage, especially while loading and unloading.
§ 3 PRICE AND PAYMENT
Prices as well as terms of payment are valid as agreed on conclusion of agreement.
§ 4 NOTICE OF TERMINATION AND WITHDRAWAL BY THE CUSTOMER
If the customer cancels the contract before the end of journey or if he does not take up upon the vehicle he will not be released from the liability to pay as long as Berlin Rock Coaches GmbH & Co. KG is not responsible for the circumstances leading to cancellation. Berlin Rock Coaches GmbH & Co. KG is obliged to credit any saved costs and advantages arising from further use of the vehicle.
In this case the following fees have to be paid by the customer:
– non-utilazation up to 60 days before departure: 10%
– non-utilazation up to 30 days before departure: 25%
– non-utalization from the 15th day before dparture: 50%
Claims for damages will be respectively higher or lower if Berlin Rock Coaches GmbH & Co. KG proves a higher damage or if the customer proves a lower damgage.
§ 5 NOTICE OF TERMINATION AND WITHDRAWAL BY THE PROVIDER
- Berlin Rock Coaches GmbH & Co. KG as well as the customer may cancel the contract given that an improtant reason beyond their influence which makes transportation unacceptable especially in cases of majeure such as war, riots, epidemic diseases, seriously dangerous weather and road conditions, closing of frontiers and road blocks.
- In case of breakdown of vehicle involving a third party especially caused by accident involving a third party, technical defects of the vehicle in spite of regular maintenance etc. Berlin Rock Coaches GmbH & Co. KG as well as the customer will be released from their obligations given that an equivalent vehicle cannot be provided due to above mentioned circumstances or lack of availabilaty.
- In both cases Berlin Rock Coaches GmbH & Co. KG is obliged to make the necessary organizational arrangements in accordance with the customer during the transportation. For fulfilled service Berlin Rock Coaches GmbH & Co. KG will receive a consideration according to the agreed rates. Additional costs have to be taken over by the customer.
§ 6 LIABILATY
- Berlin Rock Coaches GmbH & Co. KG is liable for material damages as reffered to in §23 ‘Personenbeförderundsgesetz’ –passenger transportation law- (exclusion of liability in case of material damages exceeding Euro 1022,58 per person given that damage is not caused by intention or gross negligence by Berlin Rock Coaches GmbH & Co. KG).
- Furthermore, the liability of Berlin Rock Coaches GmbH & Co. KG for breach of duty within the scope of the contract – no matter which legal ground – is limited to the triple amount of the agreed fee, as long as no intention or gross negligence are given.
- Demands not based on the contract between Berlin Rock Coaches GmbH & Co. KG and customer will not be affected by liability limitations.
- Further liability of Berlin Rock Coaches GmbH & Co. KG is excluded (see §2, no.3).
§ 7 LEGAL DOMICILE
Legal domicile is Berlin (Germany) as far as the customer is a merchant, a legal entity of public law or a public institution.
§ 8 SEVERABILITY CLAUSE
If a provision of this GTC is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity, legality and enforceability of the remaining provisions.
§ 9 LAW IN FORCE
The law of the Federal Rebublic of Germany is effective.