Terms

§ 1 Offer and Conclusion of Contract

(1) Unless otherwise agreed in writing, the company’s offers are subject to change.

(2) The customer can place his order in writing, in electronic form or orally. It should be noted that despite all possible technical precautions, correspondence via e-mail is associated with certain security risks. By accepting the offer, the customer consents to the electronic transmission of information and documents

(3) The contract shall be deemed concluded upon written or electronic confirmation of the order by the company, unless otherwise agreed. If the content of the confirmation differs from that of the order, the contract shall be deemed concluded on the basis of the confirmation if the customer declares acceptance in writing or electronically within one week of receipt.

(4) A description of a vehicle sent with the offer is considered to be an example of image and information material. If possible and available, this vehicle will be assigned to the client when the client places the order. There is no entitlement to the use of this specific vehicle until the contract has been concluded by both parties.

If the vehicle shown in the exposé is no longer available at the time the order is placed, due to prior assignment for another client or due to the vehicle being unavailable due to a workshop visit or accident, there is no legal claim to the use of this vehicle.

§ 2 Scope of services

(1) The information in the order confirmation is decisive for the scope of the contractual services. Incorrect information in the confirmation must be reported immediately. § 1 (3) and § 3 remain unaffected.

(2) The service includes – within the scope specified in the confirmation of the order – the provision of a vehicle of the agreed type, including a driver, and the performance of the transportation; the application of the provisions concerning contracts for work and services is excluded.

(3) The agreed service does not include, in particular:

a) the fulfillment of the purpose of the trip,
b) the supervision of passengers, in particular children, young people and persons in need of care,
c) the supervision of items that the customer or one of his passengers leaves in the passenger compartment of the vehicle,
d) supervision of baggage during loading and unloading,
e) information for passengers on foreign currency, passports, visas, customs and health regulations, as well as compliance with the obligations arising from these regulations.

This does not apply if otherwise agreed.

§ 3 Changes in performance

(1) Changes in performance by the company that become necessary after the contract has been concluded are permissible if the circumstances leading to the change in performance have not been brought about by the company in bad faith and insofar as the changes are not substantial and are reasonable for the customer. The company shall notify the customer of any changes immediately after becoming aware of the reason for the change.

(2) The customer may request changes to the service with the consent of the company and should be declared in writing or electronically by the customer.

(3) If changes are made to an already confirmed order less than 48 hours before the originally planned departure (<48 hours), the company is entitled to charge an additional processing fee of 20% of the respective ride order value.

The only items excluded from this processing fee are additional items such as drinks, parking fees and Wi-Fi.

The following are considered to be short-term changes:

a) Changes to the operating times (booked operating time, start time),
b) Changes to the start or destination addresses,
c) changes or additions to the number of persons booked, provided that the originally planned vehicle can no longer be used.

The company reserves the right to refuse changes if they cannot be implemented for operational reasons. If a booked service cannot be used because a change has been refused or is not possible, the costs will be charged in accordance with the cancellation policy.

(4) If a unilateral change request by the client before the contract is concluded, for which there is no contractual or legal entitlement, or after the contract is concluded, results in a reduction of seating capacity, a change of routing, route length, contract duration or other essential contractual services, Wunderwald LBC – Berlin GmbH is entitled to use a vehicle other than the one specified in the offer or after the contract has been signed, to use a different vehicle than the one specified in the offer.

If a vehicle adjustment is necessary, a maximum of two other or smaller vehicles may be used instead of the intended vehicle – for small groups, limousines are also acceptable.

Should it become necessary to use more than two vehicles, this may only be done after consultation (oral and written) with the client.

These vehicles may differ in type, equipment and color from the contractually agreed vehicle.

(5) The above regulation shall apply accordingly if the use of a contractually intended vehicle has become impossible due to special circumstances beyond the control of Wunderwald LBC- Berlin GmbH.

These include in particular:

– Exceeding the agreed waiting time after the start of the journey (usually 20 minutes), e.g. from the airport, hotel, pier, etc.

– Cancellation due to force majeure (weather damage, theft, vandalism, police road closures, demonstrations)

– Damage caused by car accidents

which are not the responsibility of Wunderwald LBC – Berlin GmbH.

(6) For transfers, a waiting time of max. 20 minutes is included free of charge in the contractually agreed price and calculated by the dispatcher. If the client or a customer represented by him does not contact the driver or the office/emergency service of Wunderwald LBC – Berlin GmbH within this time, where an extension of the waiting time is agreed that is subject to a charge, Wunderwald LBC – Berlin GmbH is entitled to withdraw the vehicle for scheduling reasons (including the statutory driving and rest periods).

A replacement vehicle can be provided by arrangement and subject to availability within the framework of a deployment time; the costs for the replacement vehicle are to be borne by the client.

If a vehicle has been withdrawn for the above-mentioned technical reasons, the client has no legal claim to the use of the vehicle specified at the time of booking. The replacement vehicle provided may differ in quality from the contractually agreed vehicle in terms of type, equipment and color.

(7) Should an extension of the booked service become necessary, this is to be coordinated immediately with the office/emergency service of Wunderwald LBC – Berlin GmbH as soon as it becomes known. Within the scope of technical availability and the legal driving and rest periods for the deployed driving personnel, an extension is only possible after consultation. If an extension of the booked service with the deployed vehicle or the deployed driving personnel is not possible, there is the option, subject to availability, of requesting an alternative vehicle within the scope of an acceptable deployment time. The client has no legal claim to the booked vehicle after the agreed service has expired.

§ 4 Prices and payments

(1) The rental price agreed at the time of the conclusion of the contract shall apply. This is created and based on the data provided by the customer, the rental period and the departure and arrival addresses, as well as the specified number of persons.

(2) All additional costs that usually arise in connection with the agreed service (e.g. road and parking fees, accommodation costs for the driver(s)) are not included in the rental price, unless otherwise agreed.

(3) Additional costs incurred due to changes in the service requested by the customer will be charged additionally.

(4) If changes are made to an already confirmed order less than 48 hours before the scheduled departure (<48 hours), the company is entitled to charge an additional processing fee of 20% of the respective transport order value.

The only items excluded from this processing fee are additional items such as drinks, parking fees and Wi-Fi.

Short-term changes include:

a) Change of operating times (booked operating time, start time)
b) Change of start/finish addresses
c) Change/increase in the number of persons booked, as a result of which the originally planned vehicle cannot be used

(5) Costs incurred due to contamination and/or damage to or in the vehicle shall be borne by the customer.

(6) Invoices are due upon receipt without deduction. This does not apply if otherwise agreed in writing.

(7) Pursuant to Section 31 of the new Federal Data Protection Act (BDSG-neu), we collect or use “for the purpose of deciding on the establishment, execution or termination of the contractual relationship” probability values, in the calculation of which, among other things, address data is included. The company reserves the right to take out credit insurance (trade credit insurance) without consulting the customer. The processing is subject to the requirements of Art. 6 GDPR.

§ 5 Price increase

The entrepreneur is entitled to demand a price increase of up to 10% of the contractually agreed price under the following conditions:

The price increase is only permissible if it is due to an increase in fuel costs, personnel costs, costs arising from official orders (e.g. hygiene regulations), as well as taxes and duties, if and to the extent that this increase affects the agreed rental price.
An increase in the rental price is only permissible if there are more than 4 months between the conclusion of the contract and the contractually agreed start of the transportation service and the circumstances leading to the increase had not yet occurred before the contract was concluded and could not be foreseen by the entrepreneur when the contract was concluded.
The entrepreneur shall inform the customer immediately after becoming aware of the reason for the increase, assert the increase and provide evidence of the reason for the increase.
In the event of a permissible increase that exceeds 3% of the agreed basic rental price, the customer may withdraw from the contract without any payment obligations to the entrepreneur. The declaration of withdrawal does not require any form and is to be declared to the entrepreneur immediately after receipt of the increase request.

§ 6 Withdrawal and termination by the customer

(1) Withdrawal before departure

The customer may withdraw from the contract before departure. If the customer exercises this option, the company is entitled to reasonable compensation instead of the agreed rental price, unless the withdrawal is due to a circumstance for which the company is responsible. The amount of compensation shall be determined on the basis of the agreed rental price, less the value of the expenses saved by the company and any proceeds generated by other uses of the vehicle.

The company is entitled to apply the following flat-rate compensation claims (*):

In the event of withdrawal

from 14 to 8 days before the planned

departure: 25%

from 7 to 4 days before the planned

departure: 50%

from 72 hours before the planned

departure: 75%

from 48 hours before the planned

departure: 100%

of the agreed rental price, if and to the extent that the customer does not prove that the company has not incurred any damage at all or that it is significantly lower than the flat rate.

(a) Invoking force majeure

The customer may only terminate the contract free of charge if:

officially ordered by the authorities or prohibited from preparing and performing the booked service or traveling to the place of performance.
conditions imposed by the Federal Health Office that cannot be fulfilled by the company
cease and desist orders by the World Health Organization (WHO)

in cases of force majeure (terrorist attacks at the place of performance, pandemic epidemics, strikes by airport staff, etc.) that are directly related to the booked service or have a significant impact on it. In this case, it is no longer possible to carry out the contract as planned.

(b) Force majeure does not apply if

a customer cancels their trip to the place of performance due to unforeseen circumstances for which neither the customer nor the company is responsible (illness, death, cancellation of a (major) event, etc.), thus eliminating the need for transportation. In these cases, the company can claim the flat-rate compensation claims from §6 (1), insofar as it could fully provide its contractual obligations. A waiver of the collection represents a decision in individual cases, but not a legal claim.

The receipt of the written cancellation by Wunderwald LBC – Berlin GmbH is decisive for the time of withdrawal. Cancellations are generally accepted from Monday to Friday between 9:00 a.m. and 5:00 p.m. If they are received later, the following working day is considered the cancellation date.

The claim for compensation is void if the cancellation is due to changes in the company’s services that are significant and unreasonable for the customer. Further rights of the customer remain unaffected.

(*) The time limit and cancellation fee scale can be adapted to the individual circumstances of the company. How long the periods and flat rates are set depends essentially on the probability of the vehicle being rented to someone else in the time remaining until the originally scheduled performance date.

(2) Termination after departure

If changes to the agreed services become necessary after departure, and these changes are significant and unreasonable for the customer, then the customer is entitled to terminate the contract, without prejudice to further claims. In such cases, the company is obliged to return the customer and his passengers at the customer’s request, whereby the right to return transportation only applies to the means of transportation agreed in the contract. If additional costs arise in the event of termination due to force majeure with regard to return transportation, these shall be borne by the customer.
Further claims by the customer are excluded if the necessary changes in performance are due to circumstances beyond the company’s control.
If the customer terminates the contract, the company is entitled to reasonable compensation for the services already provided and those still to be provided under the contract, provided that the latter are still of interest to the customer despite the termination.

§ 7 Rescission and Termination by the Company

(1) Rescission (before departure)

a) The company may rescind the contract before departure if extraordinary circumstances for which it is not responsible make it impossible to provide the service. In this case, the customer can only demand compensation for the necessary expenses incurred in direct connection with the vehicle order.

b) Persons who pose a risk to the safety or order of the company or to the passengers are excluded from carriage. The decision on exclusion is made by the driving personnel in individual cases on the spot if one or more conditions are met:

persons under the influence of alcoholic beverages or other intoxicating substances,
persons with contagious diseases as defined by the German Protection against Infection Act,
persons with weapons that fall under the German Weapons Act, unless they are authorized to carry weapons,
persons who show a tendency towards violence or who use violence,
dirty and/or smelly persons.

(2) Termination (after departure)

a) The company can terminate the contract after departure if the provision of the service is either impeded, endangered or significantly affected by unforeseeable circumstances such as war or war-like events, hostilities, insurrection or civil war, arrest, seizure or obstruction by state authorities or other persons, road blockades, quarantine measures, as well as strikes, lockouts or work stoppages for which the company is not responsible, or by the customer or a passenger, is significantly impeded, endangered or impaired. In the event of termination due to force majeure or due to significant hindrance, endangerment or impairment, the company is obliged, at the request of the customer, to return him and his passengers, whereby there is only a right to return transport for the means of transport agreed in the contract. The obligation to provide return transportation shall not apply if and to the extent that the return transportation of individual persons is unreasonable for the company due to circumstances for which they are responsible. If additional costs arise for the return transportation in the event of termination due to force majeure, these shall be borne by the customer.

b) If the company terminates the contract, it is entitled to reasonable compensation for the services already provided and those still to be provided under the contract, provided that the latter are still of interest to the customer despite the termination.

§ 8 Liability

(1) The company is liable for the proper execution of the transportation in accordance with the duty of care of a prudent businessman.

(2) The company is not liable for disruptions to services due to force majeure or significant complications, hazards or impairments due to unforeseeable circumstances such as war or war-like events, hostilities, insurrection or civil war, arrest, seizure or hindrance by state authorities or other persons, road blockades, quarantine measures, as well as strikes, lockouts or work stoppages for which the Company is not responsible.

(3) The provisions for return transportation remain unaffected.

§ 9 Limitation of liability

(1) The company’s liability for contractual claims is limited to ten times the rental price (see § 4 above), provided that

a) the claim is not based on an intentional or negligent breach of duty by the entrepreneur himself or a legal representative or vicarious agent of the entrepreneur in the event of injury to the life, body or health of the customer or passengers,

b) the claim for other damages is not based on a grossly negligent breach of duty by the bus company itself or by a legal representative or vicarious agent of the company.

(2) § 23 PBefG remains unaffected. Liability for property damage is excluded if the damage exceeds €1,000 for each passenger transported and is not based on intent or gross negligence.

§ 10 Baggage and other items

(1) The carriage of baggage in the normal scope and – after prior agreement – other items shall be included in the carriage.

(2) The carriage of animals of any kind is generally prohibited, unless an individual written agreement has been made in advance with the company.

a) Domestic pets that are small (up to the size of a house cat), harmless and stowed in a closed container (carrier bag, carrier box) like hand luggage may be carried in consultation with the company, provided they do not pose a risk to persons or property.

b) The regulations in paragraph 2 do not apply to guide dogs for the blind or disabled persons and dogs in training to become such.

c) Animals are not allowed to be transported in seats.

(3) Explosive, highly flammable, radioactive, foul-smelling or corrosive substances, as well as unpackaged or unprotected items that could cause injury to passengers, are excluded from carriage.

(4) The client is liable for damages of any kind caused by items carried by the client or his passengers if the damage incurred is due to circumstances for which the client or his passengers are responsible.

(5) Wunderwald LBC – Berlin GmbH is under no obligation to supervise items that the client or his passengers have left in the passenger compartment of the vehicle, whether consciously or unconsciously.

If the client discovers the loss of an item in the passenger compartment, he must report this to Wunderwald LBC – Berlin GmbH immediately.

In the event of a find, Wunderwald LBC – Berlin GmbH will note the find, after identification of the client, notify the client of the find and, if it is not perishable, keep the find in safe custody for 1 month. After this period has expired, the lost property will be disposed of without further consultation with the client. Perishable items will be disposed of immediately without notifying the client.

If someone claims the lost property, the ownership claim must be proven by suitable documents or detailed descriptions. If the lost property has to be shipped, the owner of the lost property shall pay the postage and packaging costs plus a flat-rate processing fee of €15.00.

§ 11 Behavior and liability of the customer and passengers

(1) The customer is responsible for the behavior of his passengers during the transport. The instructions of the driving personnel or driver’s mate must be followed. The customer is also liable for any damage caused by his passengers to or in the vehicle, including the theft of movable security items (emergency hammer, fire extinguisher, etc.) or other company property, insofar as the customer’s breach of his own contractual or legal obligations has caused or contributed to the damage and the customer does not prove that neither he nor his passengers are responsible for the damage. Other claims remain unaffected.

(2) In accordance with § 21 of the German Road Traffic Regulations (StVO), seat belts must be worn while the vehicle is in motion. Passengers may only leave their seats for a short period. Each passenger is obliged to maintain a firm hold on the vehicle at all times, especially when leaving their seat briefly.

(3) Passengers who, despite being warned, fail to comply with the reasonable instructions of the driver or conductor may be excluded from carriage if their failure to comply with instructions endangers the safety or order of the operation or other passengers, or if, for other reasons, the company cannot reasonably be expected to continue the carriage. In such cases, the customer shall have no right to claim return transportation or recourse against the company.

(4) Complaints shall initially be addressed to the driver and, if the driver is unable to remedy the situation with reasonable effort, to the company.

(5) The customer is obliged to cooperate within reason in remedying service disruptions in order to avoid possible damage or to keep it to a minimum.

§ 12 Place of jurisdiction and performance

(1) Place of performance

The place of performance in relation to merchants, legal entities under public law or special funds under public law is exclusively the registered office of the company.

(2) Place of jurisdiction

a) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of the company.

b) If the customer does not have a general place of jurisdiction in Germany or if he moves his domicile or usual place of residence abroad after the contract has been concluded or if his domicile or usual place of residence is not known at the time the action is brought, the place of jurisdiction shall also be the registered office of the company.

§ 13 Invalidity of individual provisions

The invalidity of individual provisions of the contract, including these General Terms and Conditions for Passenger Transport and Rental Bus Services, shall not result in the invalidity of the entire contract.