Terms and Conditions of BMobility24 GmbH

Terms and Conditions of BMobility24 GmbH for the Chartering of Motor Buses

§ 1 General, Object of Regulation

1.1. The following General Terms and Conditions apply to all legal transactions of the charter bus company BMobility24 GmbH (hereinafter referred to as “BMobility”) and its brands (including BMobility24 and Busmobil24, Premium Bus) with its contractual partners (hereinafter referred to as “Customer”).
1.2. BMobility provides the customer with orders for the provision of transportation services. The transportation services are provided by BMobility itself or by subcontractors appointed by it, based on a separate order from the customer with its associated passengers.
1.3. The general terms and conditions of the customer do not apply to BMobility unless expressly agreed to in writing by BMobility. BMobility expressly objects to the applicability of general terms and conditions or conflicting confirmations of the customer.
1.4. The mandatory legal provisions for the carriage of persons apply additionally and without restriction. BMobility is not a tour operator but only a transportation service provider.

§ 2 Offer and Conclusion of Contract

(1) Offers from BMobility are, unless otherwise agreed in writing, non-binding. BMobility generally submits an offer to its customers in the form of an electronic proposal, specifying the scope of transportation, the individual and additional services to be provided for the fulfillment of transportation, the time required, and the order fee to be paid. The customer can accept this proposal and place their order in writing or electronically. The customer’s acceptance of the proposal constitutes a binding order.
(2) The contract is only concluded with the written or electronic order confirmation by Bmobility24 unless otherwise agreed. If the content of the confirmation deviates from that of the order, the contract is nevertheless concluded based on and with the content of the order confirmation if the customer does not immediately refuse acceptance in writing or electronically after receiving the order confirmation.

§ 3 Scope of Services

(1) The information in the order confirmation is decisive for the scope of the contractual services. § 2 para. 2 and § 4 remain unaffected.
(2) BMobility’s service includes – within the framework specified by the order confirmation – the provision of one or more vehicles with the agreed equipment and at least the agreed number of seats, including a driver, and the execution of the transportation; the provisions of the contract for work and services are excluded.
(3) The agreed service does not include in particular:
a) the fulfillment of the purpose of the trip,
b) the supervision of passengers, especially children, teenagers, and persons in need,
c) the supervision of items left by the client or one of its passengers in the passenger compartment of the vehicle,
d) the supervision of luggage during loading and unloading,
e) information about relevant foreign exchange, passport, visa, customs, and health regulations for passengers and compliance with the obligations arising from these regulations, unless expressly agreed separately between the contracting parties.

§ 4 Changes to Services

(1) Changes to services by BMobility that become necessary after the conclusion of the contract are permissible if the circumstances leading to the change in service have not been brought about by BMobility in bad faith and to the extent that the changes are not significant and reasonable for the customer. BMobility must notify the customer of changes immediately upon becoming aware of the reason for the change.
(2) Changes to services by the customer are only possible with the written consent of BMobility and should be declared in writing or electronically by the client. § 2 (2) applies accordingly.

§ 5 Prices and Payments

(1) The order price agreed upon at the conclusion of the contract applies.
(2) The price specified in the order generally includes all services agreed upon in the order confirmation by BMobility in connection with the execution of the order. All additional costs (e.g., road and parking fees, accommodation costs for the driver(s)) incurred in connection with the agreed service are not included in the order price unless expressly agreed separately between the contracting parties. For additional services desired by the customer, BMobility may charge an additional fee. Additional costs that are not attributable to BMobility and additional costs that were not foreseeable by BMobility at the time of order placement despite due diligence can be invoiced separately by BMobility, provided that these additional costs are based on a substantiated reason and are clearly identifiable and sufficiently determined for the customer. This also applies if the customer is not responsible for these costs.
(3) § 6 applies accordingly to changes in the order volume. Additional costs resulting from customer-requested changes to services according to § 4 will be charged additionally.
(4) The assertion of costs incurred by BMobility due to damage or contamination caused by the customer and its passengers remains unaffected.
(5) Invoices from BMobility are due without deduction upon receipt.

§ 6 Price Increase

BMobility is entitled to demand a price increase of up to 10% of the contractually agreed price under the following conditions:
a) The price increase is only permissible in the case of a significant and unforeseeable increase in fuel costs, personnel costs, as well as taxes and levies, to the extent that this increase affects the agreed order price.
b) A subsequent increase in the order price is only permissible if the circumstances leading to the increase had not occurred before the conclusion of the contract and were not foreseeable for BMobility at the time of conclusion.
c) BMobility must inform the customer immediately upon becoming aware of the reason for the increase, claim the increase, and provide evidence of the reason for the increase.
d) In the case of a permissible increase exceeding 5% of the agreed base price, the customer can withdraw from the contract without payment obligations to BMobility. The withdrawal must be declared in electronic written form to BMobility immediately after receiving the request for the increase unless the customer proves that no damage has occurred to BMobility or the damage is significantly lower than the lump sum. The right to withdraw and other claims of the customer remain unaffected.

§ 7 Withdrawal and Termination by the Customer

(1) The customer may withdraw from the contract before/up to the start of the journey. If the customer exercises this option, BMobility shall be entitled to reasonable compensation instead of the agreed contract price, unless the withdrawal is due to a circumstance for which BMobility is responsible.
(2) The amount of the aforementioned compensation is determined by the agreed contract price, less the value of the expenses saved by BMobility and any earnings from other uses of the vehicle.
(3) BMobility is free to set the compensation claims as follows: In the event of withdrawal
a) up to 30 days before the planned start of the journey: 15% of the order price
b) 29 to 22 days before the planned start of the journey: 35% of the order price
c) 21 to 15 days before the planned start of the journey: 50% of the order price
d) 14 to 8 days before the planned start of the journey: 60% of the order price
e) from 7 days before the planned start of the journey: 75% of the order price
f) from 72 hours before the planned start of the journey: 100% of the agreed contract price, unless the customer proves that no damage has occurred to BMobility at all or that the damage is significantly lower than the flat rate. The compensation claim is waived if the withdrawal is due to performance changes by BMobility that are substantial and unreasonable for the customer. Further rights of the customer remain unaffected.

(2) In the event of termination by the customer after the start of the journey, the following applies:
a) If there are additional costs for the return transportation due to termination because of force majeure, the customer shall bear these costs.
b) Further claims of the customer are excluded, insofar as the necessary changes to services are based on circumstances for which BMobility is not responsible.
c) If the customer terminates the contract, BMobility is entitled to reasonable compensation for the services already provided and those still to be provided according to the contract, insofar as the latter are still of interest to the customer despite the termination.

§ 8 Withdrawal and Termination by BMobility

(1) BMobility can withdraw from the contract before the start of the journey if exceptional circumstances, for which neither BMobility nor the customer is responsible, make the provision of services by BMobility impossible. In this case, the customer can only demand reimbursement of the necessary expenses incurred directly in connection with the vehicle order.
(2) The following applies to termination after the start of the journey:
a) BMobility can terminate the contract after the start of the journey if the provision of services is either made impossible by force majeure or is significantly impeded, jeopardized, or impaired to a significant extent by unforeseeable circumstances such as war or warlike events, hostilities, uprising or civil war, arrest, confiscation or hindrance by state authorities or other persons, roadblocks, quarantine measures, as well as strikes, lockouts, or work stoppages that BMobility is not responsible for. The obligation to provide return transportation is waived if and to the extent that the return transportation of individual persons is unreasonable for BMobility due to circumstances for which these persons are responsible (e.g., highly intoxicated and violent individuals). If additional costs arise due to termination due to force majeure, the customer shall bear these costs.
b) If BMobility terminates the contract, BMobility is entitled to the full remuneration for the services already provided and those still to be provided according to the contract, insofar as the latter are still of interest to the customer despite the termination.

§ 9 Liability

(1) BMobility is liable within the scope of the duty of care of an ordinary merchant for the proper execution of the transportation.
(2) BMobility is not liable for service disruptions due to force majeure or significant and unforeseeable circumstances such as war or warlike events, hostilities, uprising or civil war, arrest, confiscation or hindrance by state authorities or other persons, roadblocks, quarantine measures, as well as strikes, lockouts, or work stoppages that BMobility is not responsible for.
(3) The regulations on return transportation remain unaffected.

§ 10 Limitation of Liability

(1) BMobility’s liability for contractual claims is limited to ten times the order price (see above § 5) as far as
a) the claim in case of injury to life, body, or health of the customer or passengers is not based on intentional or negligent breach of duty by BMobility itself or a legal representative or vicarious agent of BMobility,
b) the claim for other damages is not based on grossly negligent breach of duty by BMobility itself or a legal representative or vicarious agent of BMobility.
c) (2) § 23 PBefG remains unaffected. Liability for property damage is excluded to the extent that the damage to each transported person exceeds EUR 1,000 and is not based on intent or gross negligence.

§ 11 Luggage and Other Items

(1) Luggage within the normal scope and, after prior agreement, other items, are transported.
(2) Explosive, easily flammable, radioactive, foul-smelling, or corrosive substances, as well as unpackaged or unprotected items that can cause injury to passengers, are excluded from transportation.
(3) The customer is liable for damages of any kind caused by luggage or other items carried by the customer or its passengers, if the damages are based on circumstances for which the customer or its passengers are responsible.

§ 12 Conduct and Liability of the Customer and Passengers

(1) The customer is responsible for the behavior of its passengers during transportation. The instructions of the onboard personnel must be followed. The customer is also liable for damage to the vehicle or other property of BMobility caused by its passengers if the damage is causally or contributory to the violation of the customer’s own contractual or legal obligations and the customer does not prove that neither it nor its passengers are responsible for the damage. Other claims remain unaffected.
(2) According to § 21 StVO, mandatory seat belts must be fastened during the journey. Seats may only be left temporarily. Every traveler is obliged to secure a firm hold in the vehicle, especially when leaving the seat for a short time.
(3) Passengers who do not comply with justified instructions of the onboard personnel despite warnings can be excluded from transportation if the disregard of instructions poses a danger to the safety or order of the operation or to fellow passengers or for other reasons, the further transportation is unreasonable for BMobility. In these cases, there is no right to return transportation or recourse claims by the customer against BMobility.
(4) Complaints should initially be addressed to the onboard personnel and, if they cannot be rectified with reasonable effort, to BMobility.
(5) The customer is obliged to cooperate within the reasonable scope to rectify service disruptions in order to avoid or minimize possible damages.

§ 13 Final Provisions

(1) Place of performance and jurisdiction is the registered office of BMobility if the contracting parties are merchants.
(2) If the customer has no general place of jurisdiction in Germany or, after the conclusion of the contract, relocates its domicile or habitual residence abroad, or if its domicile or habitual residence is not known at the time of filing the lawsuit, jurisdiction is also in Berlin.
(3) The law of the Federal Republic of Germany applies to the present contractual relationship.
(4) Claims and other rights from the order can only be assigned with the prior written consent of BMobility. Offsetting with counterclaims or the assertion of a right of retention by the customer is only permissible with undisputed or legally established claims.
(5) If individual provisions are or become ineffective, this does not affect the validity of the other provisions. Ineffective provisions are to be replaced by regulations whose economic success corresponds as closely as possible to that intended with the ineffective clause. The ineffectiveness of individual provisions of the contract, including these General Terms and Conditions, does not result in the ineffectiveness of the entire contract.
(6) Information obligation according to the Consumer Dispute Resolution Act (VSBG – § 36 VSBG): BMobility is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

– End of the General Terms and Conditions –