Offers of Coach Service GmbH are subject to alteration without notice.
Orders can be placed verbally or in written form.
The contract will come into effect with a written confirmation by Coach Service GmbH with a binding payment plan.
The agreement is biding when in time down payment is made.
§ 2 SCOPE OF SERVICE
The details of the written confirmation shall prevail to the scope of contractual service.
Service covers the supply of a vehicle as agreed in the written confirmation, a driver and the realization of transportation.
Agreed service does not include the supervision of the passengers, supervision of objects belonging to the customer or to passengers left inside the vehicle, supervision of luggage, especially while loading and unloading.
Technical equipment and devices in the passenger compartments and associated supply units that temporarily fail due to environmental influences, technical defects or the services of third parties, are excluded from a payment reduction.
§ 3 PRICE AND PAYMENT
Prices as well as terms of payment are valid as agreed on conclusion of agreement.
If payments fail in due timely manner the contract is annulled. In this case Coach Service GmbH may cancel all services.
In the event of a delay in payment of more than 2 working days Coach Service GmbH can discontinue its services without replacement, or immediately claim the remaining amount in full.
§ 4 NOTICE OF TERMINATION AND WITHDRAWAL BY THE CUSTOMER
If the customer cancels the contract before the end of the journey or if he does not take up upon the vehicle he will not be released from the liability to pay as long as Coach Service GmbH is not responsible for the circumstances leading to cancellation.
In this case the following fees have to be paid by the customer:
In the event of non-use after confirmation of the order by the carrier 50%
If the vehicle is not used from the 30th day before departure: 75%
In the event of non-use from the 15th day before departure: 90%
In the event of cancellation, regardless of the reason, at least 10% of the advance payments already made will not be reimbursed.
Claims for damages will be respectively higher or lower if Coach Service GmbH proves a higher damage or if the customer proves a lower damage.
§ 5 NOTICE OF TERMINATION AND WITHDRAWAL
Coach Service GmbH as well as the customer may cancel the contract given that an important reason beyond their influence which makes transportation unacceptable especially in cases of majeure such as war, riots, epidemic diseases, seriously dangerous weather and road conditions, closing of frontiers and road blocks.
In case of breakdown of vehicle involving a third party especially caused by accident involving a third party, technical defects of the vehicle in spite of regular maintenance etc. Coach Service GmbH as well as the customer will be released from their obligations given that an equivalent vehicle cannot be provided due to above mentioned circumstances or lack of availability.
In both cases Coach Service GmbH is obliged to make the necessary organizational arrangements in accordance with the customer during the transportation. For fulfilled services Coach Service GmbH will receive a consideration according to the agreed rates. Additional costs have to be taken over by the customer.
§ 6 LIABILATY
Coach Service GmbH is liable for material damages as referred to in §23 ‘Personenbeförderundsgesetz' –passenger transportation law- (exclusion of liability in case of material damages exceeding Euro 1022,58 per person given that damage is not caused by intention or gross negligence by Coach Service GmbH).
Furthermore, the liability of Coach Service GmbH for breach of duty within the scope of the contract - no matter which legal ground – is limited to the triple amount of the agreed fee, as long as no intention or gross negligence is given.
Demands not based on the contract between Coach Service GmbH and customer will not be affected by liability limitations.
Further liability of Coach Service GmbH is excluded (see §2, no.3).
Coach Service GmbH is not liable in case of cancelation of a concert/event.
The contractor may arrange himself an additional insurance with the clause “extended non-appearance of persons”.
For trailers apply § 6 no. 1. The contractor may arrange an additional issuance for their contracted trailer.
The customs laws, legal and hygiene regulations must be followed.
The driver's instructions must be followed while driving.
Coach Service GmbH assumes no liability or guarantee for the health and well-being of the passengers.
Liability for the use of extra equipment and property brought along is excluded.
The customer is liable for all damage caused to the equipment in the vehicles provided, which is caused by him or his vicarious agents beyond the extent of normal use.
§ 7 LEGAL DOMICILE
Legal domicile is Köln (Cologne, Germany) if the customer is a registered trader or a legal entity under public law or public special assets.
§ 8 LAW IN FORCE
The law of the Federal Republic of Germany is effective.