Terms and conditions of Umbrella City Lines GmbH for bus rental
Dear Customers,
The following terms and conditions for the rental of buses, hereinafter abbreviated as “MOB,” will form part of the contract, provided they are effectively agreed upon, in the event of a bus rental agreement between us, Umbrella City Lines GmbH (hereinafter referred to as the “Bus Company,” abbreviated as “BU”), and the customer (hereinafter referred to as the “Client,” abbreviated as “AG”). Please read these MOB carefully before placing your order.
We recommend carrying these MOB during the journey, as well as informing your tour guides, other representatives, and passengers about the content of these terms and conditions so they can familiarize themselves with their rights and obligations as clients and understand the implications for the behavior of tour guides, representatives, and passengers.
1. Legal Basis, scope of application of these terms and conditions
1.1. The entire legal and contractual relationship between the BU and the AG is primarily governed by individual agreements (particularly regarding prices and services), these terms and conditions (if effectively agreed upon), and, as a supplement, the provisions of rental law concerning the leasing of movable property (§§ 535 ff. BGB) and the law governing service contracts (§§ 611 ff. BGB).
1.2. These terms and conditions apply, provided they are effectively agreed upon, to contracts with individuals and groups, provided the contract cannot be attributed to their commercial or self-employed professional activities (consumers as defined by § 13 BGB). These terms and conditions also apply to contracts with commercial or self-employed clients if the contract is concluded as part of their commercial or self-employed professional activities (entrepreneurs as defined by § 14 BGB).
1.3. The following contract provisions apply only to entrepreneurs as AG:
a) These terms and conditions also apply to all future contracts between the AG and the BU, even if these terms and conditions are not explicitly agreed upon, referred to, or declared applicable.
b) BU and AG agree, through this framework agreement, that the provisions of §§ 651a ff. BGB (Subtitle 4) do not apply to all travel services of the AG for business purposes, pursuant to § 651a para. 5 No. 3 BGB. AG and BU agree that the services are intended for business purposes if invoiced to the AG’s company.
c) General terms and conditions of the AG do not apply to the contractual relationship with the BU, even if declared applicable by the AG, or if the BU does not object to them.
1.4. Mandatory statutory provisions applicable to the contractual and legal relationship between the AG and BU, particularly in the fields of commercial law and passenger transport law, as well as applicable EU regulations (notably the Passenger Rights Regulation), remain unaffected by these contract terms.
2. Conclusion of the contract
2.1. The AG may express interest in renting a bus orally, by phone, in writing, via email, by fax, or – if provided for on the BU’s website – online using a request form.
2.2. The BU informs the AG, based on the information provided, about available vehicles, prices, services, and other conditions. This information does not yet constitute a binding offer by the BU to the AG. At the same time, the BU informs the AG about how to place an order.
2.3. By placing an order, the AG makes a binding offer to the BU to conclude a rental contract. Unless a specific form is explicitly required in the BU’s information about the terms and conditions, the order can be made orally, in writing, by phone, email, fax, or – if provided by the BU – online.
2.4. If the BU offers a binding online booking option on its website, the BU informs the AG about the steps for binding booking and the further process for concluding the contract. The online booking becomes binding for the AG by clicking the “Payable Booking” button, thereby making a binding offer to the BU to conclude a rental contract. If accepted by the BU, this results in a binding contract with payment obligations. The provisions in sections 2.5 to 2.7 apply accordingly to this booking process.
2.5. Unless explicitly agreed otherwise, the AG is bound by their contractual offer made by placing an order for 7 business days.
2.6. The basis for the AG’s contractual offer to the BU is the information about vehicles, prices, and services provided in the BU’s terms and conditions under section 2.2, as well as these terms and conditions.
2.7. The contract becomes legally binding for both BU and AG upon receipt of the BU’s contract confirmation by the AG.
2.8. If the BU provides an explicitly binding offer, the contract is concluded as follows:
a) The BU’s offer represents a binding offer to conclude a rental contract based on the prices, services, and terms indicated in the offer.
b) The contract becomes legally binding when the AG accepts this offer without amendments, limitations, or other modifications in the form specified by the BU, and the BU receives this acceptance declaration within any specified period.
c) The BU is entitled, but not obliged, to accept delayed acceptance declarations. The AG will be informed promptly if such acceptance is accepted or not.
2.9. For groups, authorities, associations, institutions, and companies, the client and contracting party is solely the respective group, authority, etc., unless otherwise expressly stipulated.
2.10. The BU points out that under legal regulations (§ 312g para. 2 sentence 1 No. 9 BGB), no right of withdrawal exists even if the contract is concluded via distance selling. Other statutory withdrawal and termination rights of the AG remain unaffected.
3. Services and scope of the contractual obligations of the BU, timely transportation, seat allocation
3.1. The service obligation of the BU consists of the rental of the vehicle, including the driver(s), for passenger transport according to the contractual agreements. Legal or official regulations regarding passenger transport (especially the driving and rest times of the driver(s)) as outlined in Section 1.4 of these conditions must be adhered to at all times and are therefore part of the contract. Thus, the BU does not owe the transport itself as a work contract obligation.
3.2. The reason and/or purpose of the transportation covered by the contract is not part of the contractual basis without an express agreement with the BU. This also applies if the reason and/or purpose is mentioned in the calculation basis. The cancellation or change of the reason and/or purpose (wholly or partially), especially the cancellation or failure of destinations, events, visits, or similar, does not entitle the AG to a free contract cancellation, termination, price reduction, or any other adjustment of the contract.
3.3. If the contractual transport service provided by the BU is time-dependent for reaching destinations or events, the following applies: a) The BU plans the time required for the route, considering the route, weather, driving times, and necessary breaks, as well as the resulting departure time. b) It is the responsibility of the AG, especially if they are a business, and particularly if the AG has experience with the destination, event, and/or route, to provide the BU with relevant suggestions or concerns regarding the planned route or time requirements in a timely manner. c) As long as the BU does not violate any contractual or legal obligations, it is not liable for the timely arrival at the destination or event. Any costs incurred by the AG or their passengers due to delays are the responsibility of the AG. d) If the BU takes measures (e.g., communication, deployment of additional drivers, use of alternative transport) to avoid delays or as a result of them, according to instructions or in agreement with the AG or its representatives, the AG is obligated to reimburse the BU for these expenses.
3.4. The service obligation of the BU does not include the supervision of passengers. In the case of transporting minors, the BU particularly does not assume any contractual supervisory responsibility.
3.5. For the service obligation of the BU regarding disabled persons or persons with reduced mobility: a) Assistance and care services are only owed by the BU if expressly agreed or legally required. b) The AG is obliged to notify the BU before the contract is concluded about the expected number of persons needing assistance and to provide detailed information about their limitations and needs for assistance. This information must be updated and specified in a timely manner before the journey begins. If a substantial increase in the number of persons needing assistance compared to the information provided before the contract was concluded necessitates the use of another bus, additional drivers, or other special measures, the AG must pay an additional fee beyond the agreed compensation.
3.6. The BU has no obligation to supervise items left by the AG or their passengers in the vehicle’s passenger compartment. Similarly, the BU is not responsible for supervising the luggage during loading or unloading. Claims from the AG and their passengers for violations of duties by the BU and/or the driver regarding proper parking and locking of the bus and luggage compartments, as well as any technical defects in the bus, remain unaffected.
3.7. Unless otherwise expressly agreed, the following applies to information and provisions in connection with the journey, especially for trips abroad: a) The BU is not obligated to provide the AG or their passengers with information about visa, entry, currency, and customs regulations. The AG is responsible for complying with these regulations, ensuring their compliance, and obtaining the necessary documents, permits, and paperwork. The AG must also ensure that their passengers comply with these regulations and carry the required documents, identification papers, and documents. b) The BU does not owe the AG any information about the legal consequences arising from renting the bus, the reason, destination, purpose, and execution of the journey. It is solely the AG’s responsibility to check whether giving the order to the BU and/or carrying out the journey results in the AG’s assumption of the legal status of a tour operator or whether the AG’s actions in relation to the trip create any other contractual or legal obligations toward their passengers. The AG is solely responsible for complying with any relevant regulations. c) The BU is not obligated, unless expressly agreed with the AG, to take out insurance policies for the benefit of the AG or their passengers beyond the legally required insurance. This applies particularly to travel cancellation insurance, travel interruption insurance, or insurance to cover the cost of repatriation in case of an accident or illness.
3.8. In accordance with applicable legal regulations (especially those regarding bus transport for disabled persons or persons with reduced mobility), the assignment of specific seats on the bus and any related contractual agreements with passengers are exclusively at the discretion and responsibility of the AG.
3.9. The BU, its drivers, or other representatives are not obligated, without an express contractual agreement, to organize, implement, or ensure specific seat assignments; in particular, there is no obligation to inform or give instructions to passengers in this regard.
3.10. The BU, its drivers, or other representatives are, however, entitled to change seat assignments made by the AG or their representatives, especially if it is necessary to fulfill legal obligations (especially for disabled passengers or passengers with reduced mobility) or for safety reasons. This also applies if such a seat assignment is made as a measure instead of excluding passengers from transport for the reasons mentioned in Section 10.5 (a) to (f).
4. Changes in services, changes regarding the vehicle used
4.1. Changes to essential contractual services, especially a change in the planned vehicle type, are only allowed if they become necessary after the contract has been concluded and were not caused by bad faith on the part of the BU. These changes are allowed as long as they are not significant and do not affect the purpose of the contract.
4.2. Any warranty claims remain unaffected if the changed services are defective.
4.3. The BU is obligated to inform the AG about significant changes in the services as soon as they become aware of the reason for the change.
4.4. In the event of a significant change to an essential contractual service, the AG is entitled to withdraw from the contract free of charge. The AG must exercise this right immediately after receiving the BU’s declaration about the significant change in the contractual services.
4.5. If, due to a unilateral change request by the AG, for which there is no contractual or legal right to consideration, or based on corresponding agreements in the contract or after the conclusion of the contract, a reduction in seat capacity, inclusive kilometers, contract duration, or other essential contractual services is made, the BU is entitled to deploy a different vehicle than the one originally planned. If necessary, the BU can deploy up to two smaller or different vehicles instead of one. These vehicles may differ in type and equipment from the contractually agreed vehicle. Any claims for reductions from the AG in the event of such substitution remain unaffected.
4.6. The provision in Section 4.5 applies similarly if the deployment of the contractually agreed vehicle becomes impossible due to circumstances beyond the BU’s control. These circumstances include, but are not limited to, failure due to force majeure or unavoidable, extraordinary circumstances (weather damage, theft, vandalism) or damage from vehicle accidents not caused by the BU or its fulfillment assistants.
5. Prices, payment
5.1. The rental price agreed upon at the time of contract conclusion applies, unless otherwise agreed or unless the conditions for a price increase according to Section 6 of these terms and conditions are met.
5.2. The agreed rental price includes the costs for fuel, oil, and other operating materials, as well as the personnel costs for the driver(s) according to the agreed rental/usage time and the agreed inclusive kilometers. Other additional and ancillary costs, particularly toll and parking fees, are borne by the customer (AG). The transport company (BU) will inform the customer, if possible, about the type and expected amount of such additional and ancillary costs before the contract is concluded. If overnight and meal costs for the driver are not included in the price, the transport company will inform the customer of this before contract conclusion (especially in the offer).
5.3. Additional costs arising from changes in services or deviations from the calculation basis will be charged separately. If no agreement on additional kilometers or the extension of the rental time has been made, the additional effort will be calculated proportionally to the original agreement, with only the higher amount from the excess kilometers or rental time being taken into account when both inclusive kilometers and rental time are exceeded at the same time. Extensions of the rental time requested by the customer are only possible with the express consent of the transport company.
5.4. Invoices are due for payment immediately upon receipt, without deduction. Other forms of payment than cash or bank transfer are only possible if explicitly agreed beforehand. Payments in foreign currencies are expressly excluded.
5.5. Transfers, especially from abroad, must be made free of charges and fees.
5.6. For the timeliness of payments, the date of credit to the transport company’s account is decisive.
5.7. If advance payments have been agreed, the transport company is entitled to withdraw from the contract and charge the customer with cancellation fees according to Section 7 of these terms and conditions after sending a reminder with a deadline, provided that the transport company is ready and able to perform the contractual services and no legal or contractual right of retention on the part of the customer exists.
5.8. If the customer is in arrears with undisputed payment claims from previous contracts or legal payment claims of the transport company, the transport company may refuse to perform contractual services for later orders until the undisputed claim, including default interest, reminder fees, court and lawyer fees, is fully paid. The customer may make the payment to avert the withholding of performance by the transport company under a reservation of reclaim.
If the customer is in arrears with disputed contractual or legal payment claims, the transport company may refuse to provide contractual services for later contracts unless the customer has provided security in the form of an unconditional, irrevocable, and self-liable bank guarantee or by depositing with a notary or lawyer designated by the transport company.
6. Price increase
6.1. Unless otherwise agreed in individual cases, the transport company is entitled to demand a price increase of up to 10% of the agreed price in the event of an increase in fuel costs, personnel costs, or taxes and duties, provided this increase affects the agreed rental price.
6.2. An increase is only permissible if more than 4 months have passed between contract conclusion and the agreed start of the transport service, and the circumstances leading to the increase had not occurred before the contract was concluded and were not foreseeable by the transport company at the time of conclusion. The transport company must 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.
6.3. In the event of a permissible increase that exceeds 3% of the agreed base rental price, the customer may withdraw from the contract without any payment obligation to the transport company. The withdrawal declaration does not require a specific form and must be made to the transport company immediately after receiving the request for the price increase. However, the customer is advised to make the withdrawal declaration in text form to avoid misunderstandings.
7. Withdrawal and termination by the customer
7.1. The following provisions apply only if no other agreement has been made between the transport company and the customer. Withdrawal rights based on commercial customs are expressly excluded.
7.2. Without an explicit agreement, the customer is not entitled to unilaterally demand a reduction or change in seat capacity, usage time, contract duration, inclusive kilometers, the type of vehicle agreed upon, or other essential contractual services. If the transport company agrees to such changes, it is entitled to the rights under Section 4.5 of these terms and conditions. A claim for a reduction of the agreed rental price is only considered in the case of replacement vehicle use according to Section 4.5.
7.3. The customer may withdraw from the contract at any time before the start of the service. Contract partners who are merchants or legal entities under private or public law must declare withdrawal in writing or electronic text form. Other customers are strongly advised to declare withdrawal in writing or electronic text form.
7.4. In the event of a withdrawal, the transport company must make efforts to use the agreed bus or the agreed transportation capacity for other purposes within its normal business operations and without any obligation for special efforts.
7.5. The transport company must credit the earnings from other uses against the compensation claim. If it is not possible to use the bus or the agreed transportation capacity for other purposes, the transport company’s claim to full payment of the rental price remains. However, the transport company must credit any savings in expenses.
7.6. The transport company may set the savings in expenses by applying a flat-rate deduction of 30% of the rental price. This deduction particularly takes into account saved fuel, toll, and personnel costs.
7.7. The client is expressly entitled to prove that no or only a substantially lower loss has occurred and/or that the savings in costs were significantly higher than the flat-rate deduction of 30%. The client may also provide evidence that the service provider did or did not use the unused contractual services (especially the bus) for other purposes without justifiable reason. In such cases, the client must pay no or only a correspondingly lower compensation.
8. Withdrawal and termination by the BU
8.1. The BU can withdraw from the contract before the start of the trip or terminate the contract after the performance has begun (departure), except in the case of the AG’s payment delay regulated in these contract terms: a) If the AG, despite appropriate warnings from the BU, violates contractual or legal obligations in a significant manner or if such violations are objectively expected, and if such violations are objectively likely to significantly endanger, complicate, or impair the proper performance of the contract by the BU. The BU is only entitled to withdraw or terminate in such cases if, considering the interests of the AG in performing the contract, it is objectively unreasonable for the BU to continue the contract due to the violation. b) If the AG and/or their representatives and/or passengers violate safety or health regulations or otherwise objectively endanger the safety of the bus, driver, passengers, or other road users or third parties. c) If the performance is significantly impeded, endangered, or impaired due to unavoidable and unforeseeable circumstances such as war, war-like situations, hostilities, uprising, civil war, arrest, confiscation, or obstruction by state authorities or other persons, roadblocks, quarantine measures, or strikes, lockouts, or work stoppages not attributable to the BU.
8.2. In the event of withdrawal or termination according to Section 8.1 lit. a) and b), the BU’s claim for the agreed remuneration remains valid. The provisions in Sections 7.5 to 7.7 apply accordingly.
8.3. If the BU terminates the contract after the trip has started due to the reasons mentioned in Section 8.1 lit. c), the BU is obligated, at the AG’s request, to return the passengers, with the right to return only with a bus. The obligation to return passengers is waived if and to the extent that return transport is impossible for the BU or objectively unreasonable under consideration of the AG’s and/or the passengers’ interests. If additional costs arise for the return journey, these are to be borne equally by the AG and the BU. Other additional costs, such as costs for extra meals or accommodation, are borne by the AG.
8.4. If the BU terminates the contract for the reasons stated in Section 8.1 lit. c), the BU is entitled to reasonable remuneration for the services already provided. For the remaining days of the original rental period after termination, Section 7.5 ff. applies accordingly.
9. Limitation of liability of the BU
9.1. The liability of the BU for contractual claims, except for liability for property damage, which is governed by Section 9.2, is limited to ten times the rental price. This limitation of liability does not apply: a) For damages resulting from the violation of life, body, or health caused by a negligent breach of duty by the BU or by an intentional or negligent breach by a legal representative or agent of the BU. b) For claims arising from other damages caused by gross negligence of the BU or by intentional or grossly negligent breaches of duty by a legal representative or agent of the BU. c) For typical and foreseeable damages resulting from the negligent violation of the BU’s primary performance obligations.
9.2. Section 23 PBefG remains unaffected. Liability for property damage is excluded if the damage per item of luggage exceeds €1,000 and is not based on intent or gross negligence.
10. Responsibilities and liability of the client, their employees, and passengers, complaints
10.1. The AG is responsible for the conduct of their passengers during transport.
10.2. Instructions from the driver or other BU employees must be followed by the AG, their tour guides, or other representatives and passengers: a) If the instructions relate to the enforcement and compliance with legal provisions in the country of operation and abroad, especially safety and immigration regulations. b) If such instructions are objectively justified to ensure the proper conduct of the trip. c) If the instructions are intended to prevent or eliminate unreasonable disturbances for the driver and/or passengers.
10.3. The AG is liable, jointly and severally with their passengers, tour guides, or representatives, for property or financial damages caused to the BU by their passengers, tour guides, or representatives, particularly damages to the vehicle, if the damage was caused by a violation of contractual or legal duties by the AG, and the AG does not prove that neither they nor their passengers, tour guides, or representatives are responsible for the damage.
10.4. According to § 21 StVO (German Road Traffic Regulations), safety belts must be worn during the journey. Seats may only be temporarily left. Each passenger is obligated to maintain a firm grip in the vehicle, especially when temporarily leaving their seat. The AG is responsible for ensuring that passengers adhere to these safety regulations, particularly by providing clear written or verbal information and instructing their tour guides or other representatives.
10.5. Passengers who, despite a warning, do not follow the reasonable instructions of the driver or other BU representatives may be excluded from transport and removed from the bus if: a) A violation of legal regulations occurs or continues. b) Safety regulations are violated. c) The safety of passengers is objectively endangered, even without violating safety regulations. d) The proper conduct of the trip is objectively complicated, endangered, or impaired. e) Passengers are unreasonably disturbed. f) Other significant reasons make continued transport unreasonable for the BU, even considering the affected passenger’s interest in being transported further.
10.6. In the case of justified exclusion from transport, there is no entitlement to return transport or claims against the BU.
10.7. Complaints about the manner in which the trip is conducted, the vehicle used, the driving style, or the behavior of the driver or other representatives, as well as complaints about other contractual services provided by the BU, must initially be addressed to the driver or other BU representatives. The AG must instruct their tour guides or other responsible representatives to file complaints with the driver or other BU representatives, regardless of whether complaints have already been made by passengers themselves.
10.8. The driver or other BU representatives are authorized and obligated to address justified complaints. They are entitled to refuse to remedy the complaint if it is not possible or is only possible with unreasonable effort. In such cases of refusal, the AG’s claims, particularly for price reduction or compensation, remain unaffected. The AG is obliged to cooperate in resolving service disruptions within what is reasonable to avoid or minimize potential damage.
11. Statute of limitations
11.1. Contractual claims from violations of life, body, or health, caused by an intentional or negligent breach of duty by the BU or its legal representatives or agents, have a statute of limitations of three years. This also applies to claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by the BU or its legal representatives or agents.
11.2. All other contractual claims have a statute of limitations of one year.
11.3. The statute of limitations for Sections 11.1 and 11.2 begins at the end of the calendar year in which the claim arose, but not earlier than when the AG became aware of the reason for the claim and that the BU is the defendant, or should have become aware without gross negligence. If the last day of the period falls on a Sunday, a recognized public holiday, or a Saturday, the next business day replaces such a day.
11.4. If negotiations are ongoing between the AG and the BU regarding the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until either the AG or the BU refuses to continue the negotiations. The statute of limitations resumes no earlier than three months after the suspension ends.
11.5. The above provisions do not affect mandatory legal provisions regarding the statute of limitations, particularly those related to the liability of the BU or its agents (especially the driver) under traffic law, motor vehicle law, and passenger transport law. For AGs who are entrepreneurs, this applies only insofar as different agreements are not permissible.
12. Special regulations regarding pandemics (Especially the coronavirus)
12.1. The parties agree that the agreed rental bus services will be provided by the BU in compliance with the applicable official requirements and regulations at the time of service.
12.2. The parties explicitly agree that a right of termination due to force majeure or unreasonable changes to performance due to official requirements for carrying out trips is excluded under this agreement.
12.3. The AG agrees to comply with the BU’s reasonable usage regulations or restrictions when utilizing services and to instruct all passengers to immediately notify the BU office and the driver in case of typical symptoms of illness.
12.4. The contract is explicitly concluded with the condition that the transport of the number of persons corresponding to the contractually agreed maximum seating capacity (unless explicitly agreed otherwise, the maximum seating capacity including the driver and tour guide seats) is permissible according to the applicable official requirements over the entire rental period.
13. Information on consumer dispute resolution
The BU does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the BU after the publication of these terms, the BU will inform consumers accordingly. For contracts concluded electronically under Section 2.4, the BU refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.
14. Choice of law and jurisdiction
14.1. The contractual relationship between the AG and the BU is exclusively governed by German law. This also applies to the entire legal relationship.
14.2. If, in the case of claims by the AG against the BU abroad, German law is not applied for the liability of the BU in terms of the basis of the claim, German law will apply exclusively regarding the legal consequences, particularly concerning the type, scope, and amount of the AG’s claims.
14.3. The AG may only sue the BU at its place of business.
14.4. For claims by the BU against the AG, the AG’s place of residence or business is decisive. For claims against AGs who are merchants, legal entities under public or private law, or individuals or companies whose residence or business is abroad or whose residence or business is unknown at the time of filing the claim, the jurisdiction is agreed to be the BU’s place of business.
14.5. The above provisions do not apply: a) If and to the extent that international agreements that apply to the contract between the AG and the BU provide different rules to the benefit of the AG. b) If and to the extent that applicable, non-derogable provisions in the AG’s EU member state are more favorable to the AG than the following provisions or the corresponding German regulations.
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http://www.nhdra.de/,
Munich | Stuttgart, 2021
Tour operator is:
Umbrella City Lines GmbH
Winsener Straße 172, 21077 Hamburg
Valid from January 1, 2022
