+49 (0) 30 40 77 94 05

General Terms and Conditions

§ 1 Offer and Conclusion of Contract

(1) The company’s offers are subject to change without notice, unless otherwise stipulated in writing.

(2) The contractual partner may place his order in writing, orally, or in electronic form. It should be noted, that despite every possible technical precaution, E-Mail correspondence is associated with security risks. With accepting an offer the customer agrees with the electronic sending of documents and information.

(3) The contract takes effect upon confirmation of the order by the company in written or electronic form, unless otherwise stipulated. Should the content of the confirmation differ from that of the order, the contract then takes effect based on the confirmation, provided the contractual partner accepts in writing or in electronic form within one week of receipt.

(4) An exposé, which was provided with the offer, may only be regarded as picture and informational material. Depending on the availability at the time of booking, we try to place the shown vehicle at your booking. A claim for the use of a certain vehicle does not exist until the contract was confirmed from both parties.
If the vehicle shown on the exposé is unavailable at the time of booking, because the vehicle has been scheduled for another customer in the meantime, or because the vehicle is at the service garage or had an accident, there is no legal claim to the use of the specific vehicle.

 

§ 2 Services

(1) The scope of contractual services, are those as stipulated in the confirmation of the order. Incorrect information in the confirmation must be reported immediately. §1 Art.3 and § 3 shall remain unaffected.

(2) The service includes – within the framework of the confirmation of the order – the provision of a vehicle of the type stipulated including driver and the carrying out of the transportation; no services beyond the contractual agreement are permissible.

(3) The services stipulated explicitly do not include:
a) the fulfilment of the purpose of the course of the trip,
b) the supervision of passengers, in particular children, youths and persons in need of care,
c) the supervision of items left behind in the passenger compartment of the vehicle by the contractual partner or any of his passengers,
d) the supervision of luggage during loading and unloading,
e) information for the passengers concerning relevant foreign currency, passport, visa, customs or health regulations as well as compliance with any obligations pertaining to these rules and regulations.

 

§ 3 Changes in services rendered

(1) Any change in services rendered made by the company that has become necessary following conclusion of the contract is permissible provided the circumstances that led to such change have not come about by an act contrary to good faith on the part of the company and that said change is reasonable for the contractual partner. The company shall inform the contractual partner of the change without delay once the cause for the change has become known.

(2) Any change in services rendered by the contractual partner are permissible with the consent of the company and shall be documented by the contractual partner either in writing or electronic form.

(3) Wunderwald LBC-Berlin GmbH has the legal right to place an alternative vehicle, if any unilateral changes requested by the customer before the conclusion of the contract, for which no legal claims exist or a reduction of seats, a destination change, the duration of the bus rental or any other relevant details of the contract after the conclusion of the contract, cause the use of the originally planned bus impossible. If a change of vehicle becomes necessary a maximum of 2 alternative, also smaller vehicles may be used for the booking, for small groups limousines may be used, too. If more than 2 vehicles must be used, the customer must be informed in advance and agree (in oral or written form). The vehicles used may have a different quality in kind, equipment features or colour to the contractual agreed vehicle.

(4) The provision shall apply accordingly if the use of a contractually provided vehicle has become impossible due to special circumstances beyond the risk and control of Wunderwald LBC-Berlin GmbH. This includes in particular:
– Exceeding of the agreed waiting time after the booked start of the journey (usually 20 minutes) e.g. at airport, hotel or port.
– The vehicle failure due to force majeure (weather damage, theft, vandalism, police closures, demonstrations)
– Damages caused by traffic accidents, that Wunderwald LBC-Berlin GmbH cannot be charged with.

(5) For transfers, a waiting time of max. 20 minutes is free of charge and already included in the price given, also it is considered by disposition. If no contact was made within this time by the customer with the driver or the office/ emergency phone of Wunderwald LBC-Berlin GmbH, where a chargeable extra time was agreed on, Wunderwald LBC-Berlin GmbH is entitled to leave the contracted meeting point, for dispositional reasons (this includes the legal regulation for drivers working and resting times). A replacement vehicle can be provided on request and according to availability within a reasonable amount of time. The customer must bear the costs for the replacement vehicle. If the vehicle had to be removed for dispositional reasons, the customer has no legal entitlement to insist on the further provision of the specific vehicle, which was originally booked. The replacement vehicle may qualitatively differ in kind, interior or colour from the contractual agreed vehicle.

(6) If an extension of the booked time becomes relevant, this must be communicated with the office/ emergency phone of Wunderwald LBC-Berlin GmbH as soon as it becomes known. Depending on dispositional availability and according to the legal regulations for working and resting times of the drivers an extension of the booked time is generally possible.
If an extension of the booked service is not possible with the provided vehicle/ or driver, an alternative can be provided on consultation, if available and within a reasonable amount of time. There is no legal entitlement to insist on the further provision of the originally booked, specific vehicle.

 

 § 4 Prices and Payment

(1) The hire price stipulated on the signing of the contract is valid. The prices base on the provided information about rental time, start-and final addresses and the number of passengers.

(2) All usual incidental costs related to the services stipulated (e.g. road charges and parking fees, accommodation expenses for the driver) are not included in the hire price, unless otherwise stipulated.

(3) Additional costs incurred by service changes requested by the contractual partner shall be charged separately.

(4) Costs incurred due to fouling and/or damage on or inside the vehicle shall be borne by the contractual partner.

(5) Invoices are due upon receipt without any deductions. This does not apply if otherwise stipulated in writing.

(6) §28b Nr. 4 BDSG (German Federal Data Protection Act):
For the purpose of deciding on the creation, execution or termination of a contractual relationship, we collect or use probability values for certain future actions which includes address data, among other things.
The entire processing of data is subject to the requirements of Art.6 GDPR.

§ 5 Price Increases

The company is entitled to require a price increase of up to 10% of the contractually stipulated price under the following conditions:

a) The price increase is permissible only if due to an increase in fuel costs, personnel costs and taxes and social security contributions (e.g. The hygiene regulation), if and only when these increases affect the hire price stipulated.
b) An increase in the hire price is permissible only if the period of time elapsing between the closing of the contract and the contractually stipulated start of transport services is more than 4 months and that the circumstances leading to the increase had not come into effect prior to the closing of the contract and were unforeseeable by the company at the time of the closing of the contract.
c) Upon receiving knowledge of the reason for the increase, the company shall immediately inform the contractual partner, claim the increase and prove the reason for the increase.
d) In the case of a permissible increase that is more than 3% of the basic hire price stipulated, the contractual partner may withdraw from the contract without any payment obligation to the company. The declaration of withdrawal requires no specific form and is to be declared to the company immediately upon receipt of the notice of the required increase.

 

§ 6 Withdrawal and Cancellation by the
Contractual Partner

(1) Withdrawal prior to the start of the trip The contractual partner may withdraw from the contract prior to the start of the trip. If this option is chosen, the company has the right to appropriate compensation in lieu of the hire price stipulated, unless the withdrawal is due to a circumstance on the part of the company. The amount is determined according to the hire price agreed after deduction of the value of the costs saved by the company and any potential revenues generated through other usage of the vehicle.
The company is free to globally claim for compensation as follows *):
In the event of withdrawal
a) from 14 to 8 days prior to the planned start of the
trip: 25%
b) from 7 to 4 days prior to the planned start of the
trip: 50%
c) from 72 hours prior to the planned start of the trip:
75%
d) from 72 hours prior to the planned start of the trip:
100%
of the hire price agreed, provided that the contractual partner does not prove that the company has incurred any loss or that the loss is substantially lower that that claimed.

(a) Invoking Force Majeure
A free termination of the contract by the customer can only be accepted due to:
1. Official order or ban on the preparation and implementation of the booked service or travel to the place of performance of the contract.
2. Requirements of the Federal Health Office that cannot be met by the company
3. Cease and Desist Orders by the World Health Organization (WHO)
in cases of force majeure (terrorist attacks at the place of performance, pandemic diseases, strikes by airport (port) staff, etc.) that are directly related to the booked service or have a significant impact on it. In this case, a scheduled, contractual implementation is no longer possible.

(b) There is no force majeure, if a customer cancels his journey to the place of performance of the contract due to unforeseen circumstances for which neither the customer nor the company are responsible (illness, death, cancellation of a (major) event, etc.), whereby the need for the transport service is no longer applicable. In these cases, the company can assert the flat-rate claims for compensation from Section 6 (1) insofar as it is able to fully meet 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 between 9:00 a.m. and 5:00 p.m. Monday to Friday. If received later, the following working day is considered the cancellation date.
The right to claim for compensation shall not apply if the withdrawal was due to a change in services to be rendered on the part of the company that for the contractual partner is substantial and unreasonable.
Further rights of the contractual partner remain unaffected.

*) The deadlines and the cancellation fee scale may be adjusted to the company’s particular circumstances. The length of the time periods and the amount of fees fixed depend primarily on the probability of being able to further rent the vehicle during the time remaining before the originally planned date of service.

(2) Cancellation after the start of the trip
a) Should changes to the services stipulated be necessary after the trip has begun, that for the contractual party are substantial and unreasonable, then he has the right – irrespective of any other claims – to cancel the contract. In this case, the company is obliged, upon request by the contractual partner, to transport him and his passengers back, whereby a claim for the return is only for the means of transportation stipulated in the contract. Any additional costs incurred by a cancellation due to force majeure with regard to the return shall be borne by the contractual partner.
b) Further claims by the contractual partner are exempt if the necessary changes in services rendered are due to circumstances for which the company is not responsible.
c) Should the contractual partner cancel the contract, the company is entitled to appropriate compensation for services already rendered and for those that according to the contract remain to be rendered, insofar as for the latter, the contractual party still has an interest despite the cancellation.


 

§ 7 Withdrawal and Cancellation by the
Company

(1) Withdrawal (prior to the start of the trip)
a) The company may withdraw from the contract prior to the start of the trip should extraordinary circumstances for which the company is not responsible make rendering of the services impossible. In this case, the contractual partner may claim only for necessary expenses incurred by him in direct relation to the ordering of the vehicle.
b) Persons who pose a danger to the safety or order of the company or to the passengers are excluded from carriage. The decision on the exclusion is made by the driver on site in individual cases if one or more conditions are met:
1. Persons who are under the influence of alcoholic beverages or other intoxicating substances,
2. Persons with contagious diseases according to the Infection Protection Act,
3. Persons with weapons that fall under the Weapons Act, unless they are authorized to carry weapons,
4. Persons who show a willingness to use violence or use violence,
5. Dirty and/or foul-smelling people.

(2) Cancellation (after the start of the trip)
a) The company may cancel the contract after the trip has begun, if the rendering of services either through force majeure or through a grave complication, hazard or impairment due to unforeseen circumstances, e.g. war or war-like events, hostilities, riots or civil war, detention, seizure or impediment caused by state authorities or other persons, road blockades, quarantine measures, or strikes, lockouts or walkouts for which the company is not responsible, or through the contractual partner or a passenger, is significantly complicated, endangered or impaired. In the case of a cancellation due to force majeure or due to a grave complication, hazard or impairment, the company is obliged, on request of the contractual party, to return him and his passengers, whereby a claim for the return is only for the means of transportation stipulated in the contract. The obligation for return transport shall be cancelled if the return transport of individual persons, due to circumstances the individuals are responsible for, is unreasonable for the company. Any additional costs incurred by a cancellation due to force majeure with regard to the return shall be borne by the contractual partner.
b) Should the company cancel the contract, it is entitled to compensation appropriate for services already rendered and for those that according to the contract remain to be rendered, insofar as for the latter, the contractual party still has an interest despite the cancellation.

 

§ 8 Liability

(1) The company is liable with respect to the duty of care of a responsible businessman in the proper execution of the transport.

(2) The company is not liable for service disruptions due to force majeure or a grave complication, hazard or impairment due to unforeseen circumstances such as war or war-like events, hostilities, riots or civil war, detention, seizure or impediment caused by state authorities or other persons, road blockades, quarantine measures, or strikes, lockouts or walkouts for which it is not responsible.

(3) Rules pertaining to return transport remain unaffected.

 

§ 9 Limitation of Liability

(1) The liability of the company in the event of contractual claims is limited to the equivalent of 10- times the hire price (see § 4 above), provided that
a) claims in the case of injury to life, limb or the health of the contractual party or passengers are not the result of a wilful or negligent breach of duty on the part of the company itself or of a legal representative or agent of the company,
b) claims for other damages are not the result of a grossly negligent breach of duty on the part of the company itself or of a legal representative or agent of the company.

(2) §23 PBefG (German passenger transportation law) remains unaffected. Liability for property damage is exempt if damage to each passenger exceeds EURO 1.000,– and is not the result of wilful or gross negligence.

 

§ 10 Luggage and other items

(1) A normal amount of luggage – and other items subject to prior agreement – will be transported.

(2) Taking along and transporting animals of any kind is generally prohibited unless an individual, written agreement has been made with the
a) Pets that are small (up to the size of a house cat), harmless and are housed in a closed container (carrying bag, transport box) like hand luggage may be taken along by arrangement as long as they do not cause any impairment to people or property.
b) Guide dogs for the blind and assistance dogs for the disabled and those that are in training remain unaffected by the regulations in paragraph 2.
c) In general, animals may not be accommodated on seats.

(3) Explosive, highly flammable, radioactive, foulsmelling or corrosive materials as well as items not packed or protected that could cause damage to other passengers are deemed unacceptable for transport.

(4) The contractual party is liable for damages of any kind caused by items that have been brought with the contractual party or one of his passengers, if the damages incurred are due to circumstances for which he or his passengers are responsible.

(5) Wunderwald LBC-Berlin GmbH has no obligation to supervise items, which the contractual party or his passengers left intentionally or unintentionally inside the vehicle. A left item must be reported to the Wunderwald LBC-Berlin GmbH as soon as known.

In case of finding a lost item, Wunderwald LBC Berlin GmbH will note the finding and- after the successful identification of the owner- inform the owner. Unless the finding contains perishable goods, the finding will be stored for 1 month. After this period, the good will be disposed without any further confirmation of the contractual party.
Perishable goods will be disposed immediately. If anyone claims the lost item, he must proof his ownership by a detailed description or the provision of explicit documents.
If the item must be shipped, the owner pays all expenses for package and posting plus a general processing fee of EUR 15,00. company in advance.

§ 11 Conduct and Responsibility of the
Contractual Partner and Passengers

(1) The contractual partner is responsible for the conduct of his passengers during transport. Instructions issued by bus staff are to be followed. The customer is also liable for damage caused by his passengers on or in the vehicle, including theft of movable safety objects (emergency hammer, fire extinguisher, etc.) or other items of the company, insofar as the damage occurred due to the customer’s breach of his own contractual or legal obligations has become causal or contributory and the customer does not prove that neither he nor his passengers are responsible for the damage. Other claims remain unaffected.

(2) According to § 21 StVO (the German Highway Code), safety belts are required to be worn throughout the journey. It is permitted to leave the seats for a short period only. Each passenger is obliged to keep a firm hold in the vehicle at all times, particularly when leaving the seat for a short period.

(3) Passengers not complying with substantiated instructions, despite warnings by bus staff, may be excluded from transport if, by disregarding the instructions, they pose a threat to the safety or orderliness of the operation or fellow passengers or if due to other reasons, continued transport is unreasonable for the company. A claim for return transport or recourse on the part of the contractual partner against the company shall not apply in these cases.

(4) Complaints shall first be addressed to the bus staff and, if not satisfactorily resolved with reasonable effort, they may then be addressed to the bus company.

(5) The contractual partner is obliged to assist, within reasonable limits, in dealing with disruptions in order to avoid potential damage or to keep it as minimal as possible.

 

§ 12 Place of Jurisdiction and Place of
Performance

(1) Place of Performance The sole place of performance with regard to business people, legal entities subject to public law or special funds under public law is the headquarters of the company.

(2) Place of Jurisdiction
a) If the contractual partner is a business person, a legal entity subject to public law or a special fund under public law, the place of jurisdiction is the headquarters of the company.

b) Should the contractual partner have no place of jurisdiction within Germany or after entering into the contract relocates his domicile or habitual place of residence outside of Germany or if his domicile or habitual place of residence is unknown at the time of the institution of legal proceedings, the place of jurisdiction is likewise the headquarters of the company.

c) The law of the Federal Republic of Germany applies to the execution of the contract.

§ 13 Invalidity of Individual Provisions

The invalidity of individual provisions of the contract including these general terms and conditions for passenger transport operations and hired omnibus operations does not result in the invalidity of the entire contract.

§ 14 Information obligation to the Consumer
Dispute Settlement Act (§36 VSBG):

We are taking part in the dispute settlement procedure in the Consumer’s arbitration Office!
The responsible Consumer’s arbitration body is:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8
77694 Kehl
Telefon: +49 7851 79579 40
Telefax: +49 7851 79579 41

Internet: www.verbraucher-schlichter.de
E-Mail: mail@verbraucher-schlichter.de

This Arbitration body is a „General Arbitration body“ according to §4, Paragraph 2, 2 VSBG

 

§ 15 Data Protection Officer:

Wunderwald LBC – Berlin GmbH
Christine Albrecht
Spechtstraße 24b
13505 Berlin
Telefon: +49 (0)30 40 77 94 05
E-Mail: datenschutz@lbc-berlin.de 

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