GENERAL BUSINESS TERMS FOR BUS-HIRE-SERVICES
The compiled quote shall be good for four weeks. Irro-Reisen shall not consider the order as binding until it has received a sales-order in a written form (e. g. by email). The Hire Contract shall come into force by way of the order confirmation. The use of written form shall be required (e. g. by email).
The period of time expressly agreed upon shall be definitive. Any extension shall be permitted only as arranged with the office, and must be agreed upon in advance.
Any quoted price includes the applicable VAT rate and road tolls.
Any additional expense, such as charges for parking, visas, ferries, city entry fees, tour guides, and brokerage, shall be paid by the sold-to party. These charges are principally not included in the quoted price, unless explicitly agreed otherwise. The costs of fuel and the driver’s wages shall be covered by the owner, and shall be included in the quoted price. The final invoice will specify any extra kilometres travelled as calculated after the completed trip, any extension to the hire period, any extra service used, and any other expense not included in the quoted price, such as, e.g., parking fees, etc.
The price quoted must be credited to one of the accounts of Irro-Reisen no later than 21 days prior to departure. For reservations on short notice, payment must be made by collection-only in cash directly at the office of Irro-Reisen or at the bus-driver on spot. Another option for payment is credit card charge (3.8% surcharge). If the down-payment on the quoted priced is not received, Irro-Reisen shall reserve the right to terminate the contract even on short notice. Travel agencies, tour operators, etc. shall have the option of debiting the amount. In this case, we won’t call the sum total of the fare until the trip has been completed and invoiced.
The extent of services rendered is specified in the Hire Contract. If a given coach is unavailable, Irro- Reisen reserves the right to provide another coach in its stead, or to order a coach from another company, respectively.
DRIVERS / OPERATING HOURS / PROVISIONS
Our well-trained drivers strictly observe the legally required operating hours and resting periods.
For their own safety, any operating staff hired out must observe the applicable social regulations. For details regarding regulation EWG (VO) 3820 / 85 please contact Irro-Reisen. Summary: 1 driver may operate for a maximum of 9 hours within a total time period of 14 hours, after which time a resting period of at least 10 hours must be observed.
The hirer shall provide overnight accommodation and breakfast for the driver. Other services, such as lunch and dinner, shall be performed by the hirer on a voluntary basis. Upon request, an expense allowance can also be arranged
The coaches come with sufficient stowage for one piece of luggage (e.g. a suitcase) per passenger. Additional boxes, skis, tents, surf boards may only be taken aboard upon previous arrangement with Irro-Reisen. Ski containers, luggage and bicycle trailers can be hired from us upon request. Irro-Reisen shall not be held liable for lost or stolen luggage.
CANCELLATION BY THE SOLD-TO PARTY
The sold-to party may terminate the Hire Contract at any time. Definitive for a cancellation is the receipt of a written cancellation notice. By way of compensation, Irro-Reisen shall charge the following cancellation fees:
no charge up to 21 days prior to departure
50% up to 7 workdays prior to departure
75 % (minimum € 200.00) if trip is cancelled less than 1 work day prior to departure
100 % if trip is cancelled 12 hours or less prior to departure of the bus
with the percentage referring to the hire price, and excluding possible other damage claims raised on account of services already rendered (e.g. ferry reservations, reservation of accommodations, bicycle trailers, etc.).
Withdrawal and serving notice of termination by the bus company
The bus company may withdraw from the contract if exceptional circumstances for which it is not to blame make it impossible to render its performance. In this case the party making the booking may only demand the reimbursement of his expenditure incurred in direct connection with making the booking for the vehicle.
- Serving notice of termination
- The bus company may serve notice of termination after the journey has started if the rendering of its performance is madeconsiderably more difficult, is jeopardised or impaired significantly either as a result of force majeure or unforeseeable circumstances such as for example, war or a quasi war, hostilities, uprising or civil war,arrest, confiscation or prevention by state organisations or another person, road blocks, quarantine measures, as well as strikes, lock-outs or walk-outs for which the bus company is not to blame or if the party making the booking makes it considerably more difficult for the bus company to render its performance, or jeopardises or impairs the fulfilment of the booking by the bus company.In the event that notice of termination is served as a result of force majeure, or as a result of it being made considerably more difficult for the bus company torender its performance, or if the rendering of itsperformance is jeopardised or impaired significantly, the bus company shall, at the request of the party making the booking to take back him and the passengers, whereby he shall only be entitled to be taken back on the mode of transport agreed in the contract. If additional costs are incurred for the return transport as a result of the contractbeing terminated as a result of force majeure, these shall be for the account of the party making the booking.
- If the bus company serves notice of termination on the contract it shall be entitled to an appropriate remuneration for the services already rendered and for those still to be rendered under the contract provided that the latter are still of interest for the party making the booking.
- As part of its duty to exercise due diligence as a prudent businessman, the bus company is liablefor transporting the passengers properly.
- The bus company shall not be liable for disruptions in performance caused by force majeure as well as performance being made significantly more difficult, jeopardised or impaired significantly either as a resultof force majeure or unforeseeable circumstances such as for example, war or a quasi war, hostilities, uprisingor civil war, arrest, confiscation or prevention by state organisations or other persons, road blocks, quarantinemeasures, as well as strikes, lock-outs or walk-outs etc. for which the bus company is not to blame.
- The arrangements for returning passengers to the point of departure shall not be affected.
- The bus company will not take responsibility for planning the itinerary in regards of catching planes or ships in time. The bus company shall not be liable if the group on coach will miss a connection flight e. g.. Please note that Irro-reisen reccommends to plan with at least 30% extra time than normal (earlier departure) when planning transfers to airports, harbours etc..
Limitation of liability
- The liability of the bus company for contractual compensation claims for damages is limited to three times the hire price,the liability per passenger is limited to three times the hire price attributable to this person.If compensation claims are asserted for damages based on an illegal act, the liability for property damage sustained by each passenger concerned will be limited to 4,000 €.If the proportion of three times the hire price relating to the individual passenger is in excess of these amounts, liability shall belimited to the proportion of three times the hire price relating to the individual passenger.
- § 23 of the German Passenger Transport Act [BefG] shall not be affected.This means that liability forproperty damage is excluded in so far as the damage per person exceeds 1,000.00 €.
- The limitations named in Sections 1 and 2 above shall not apply if the damage to be assessed is basedon intent or gross negligence.
- The bus company shall not be liable for damages in so far as these are based solely on a culpable act by the party making the booking or by one of his passengers.
- The party making the booking shall exempt the bus company and all the persons called in by it to carry outthe contract from all claims based on the facts and circumstances covered in § 2 Section 3 letter a. - e.
Baggage and other things
- A normal amount of baggage and – by agreement – other things will also be carried.
- The party making the booking shall be liable for damages caused by the things brought with the party making the booking or his passengers if such damage is attributable to circumstances attributable to him or to his passengers.
Conduct of the party making the booking and the passengers
- The party making the booking shall be responsible for the conduct of his passengers while they arebeingtransported. The instructions of the staff on the bus are to be followed.
- Passengers who do not obey the justified instructions of the staff in spite of being warned, may be removedfrom the bus if their refusal to comply with instructions results in a threat to the security or safety of the bus andits passengers or if it would be unreasonable to expect the bus company to continue to allow such persons tostay on the bus.In such cases the party making the booking shall not have any right of recourse against the bus company.
- In the first instance complaints are to be made to the staff on the bus and if they are unable to be of assistance, to the bus company.
- When rectifying disruptions to performance, the party making the order is obliged be of assistance withinthe scope of what is reasonable in order to avoid any damages which may be caused or to keep them aslow as possible.
Place of jurisdiction and place of fulfilment
- Place of fulfilment
The place of fulfilment in relationships with registered businesses, legal entities established under public law or public law special fund is the bus company’s principal place of business alone.
- Place of jurisdiction
- If the party making the booking is a registered business, a legal entity established under public law or a public law special fund, the place of jurisdiction shall be the courts located where the bus company has its principal offices.
- If the party placing the booking does not have a general place of jurisdiction in Germany or relocates his place of residence or normal whereabouts to a location outside Germany after this contract materialises, or if his place of residence or normal whereabouts are unknown at the point in time at which legal action is taken the place of jurisdiction shall likewise be the courts having jurisdiction where the bus company has its principal offices.
- The law of the Federal Republic of Germany shall govern the contractual relationship.
Invalidity of individual provisions
The invalidity of individual provisions of the contract including these General Terms and Conditions of Business for hire bus transport shall not result in the entire contract being rendered invalid as a result.