General terms and conditions for bus rentals.
§ 1 Offer et contract
- The client’s order can be made in writing in electronic form.
- The contract is formed by the confirmation of the coach company – hereinafter referred to as “the Company” – given in writing or in electronic form, unless otherwise agreed. In case of discrepancy between the confirmation content and the order, the contract is formed on the basis of the confirmation, if the client states to accept it within the period of one week.
§ 2 Services
- The confirmation data determines the contractually selected services: §1 paragraph 2 remains unchanged.
- Services include, within the framework of the order confirmation, the provision of the type of vehicle agreed, with or without driver, and the transportation service; the application of legal provisions with respect to the corporate contract and the deposit agreement is excluded.
- In particular, the provision of services agreed does not include:
- achieving the goal of the trip,
- supervision of travellers, including children, youth and people with disabilities,
- surveillance of clients’ belongings, respectively the travellers’ belongings left inside the coach,
- surveillance of luggage when loading and unloading,
- providing information to travellers on regulations applicable to them, including on currency, passports, customs and health prescription, as well as observation of the obligations under this regulation.
This does not apply if otherwise agreed.
§ 3 Changes of agreed services
- Changes of agreed services that are necessary for the company subsequently to the formation of the contract are permitted if the circumstances that motivate the changes are not attributable to the company’s bad faith and insofar as the changes are not unacceptable for the client. Once the cause necessitating the change is known by the company, it is obliged to inform the client thereof.
- Changes requested by the client can be made with the company’s consent. They must be recorded in writing or electronically, unless otherwise agreed.
§ 4 Price and payment
- The rental price is the price set in the contract.
- Any substantial increase in incidental expenses (e.g. costs relating to accommodation of the driver(s), ferry, car park, entrance fees and all other road and air tax) are not included in the rental price stated in the contract and shall be borne by the client, unless otherwise agreed.
- Additional costs resulting from changes in the agreed services, requested by the client, are charged to the client in addition.
- Reclamation costs related to any damage done by the client or their travellers shall be borne by the client.
- Invoices including down payment invoices are payable within 7 working days of receipt, without deduction. The company is authorized to terminate the contract without warning or notice, if the client does not settle – in accordance with the terms of payment – invoices, including down-payment invoices. In this event, clients shall be liable for the compensation outlined in §5 paragraph 1.
§ 5 Withdrawal/termination by the client
The Client acknowledges and formally accepts that in the event of cancellation of the contract prior to the departure date of the trip, fees shall be billed to the Client at a flat rate as follows:
- within 30 days before the departure date, 10% of the rental price agreed.
- within 11 to 20 days before the departure date, 25% of the rental price agreed.
- within 10 days or less before the departure date, 50% of the rental price agreed.
No fee is due if the cancellation is due to force majeure or changes to services made by the company that are substantial and unacceptable to the client.
If after the departure, changes to the services that are substantial and unacceptable for the client are required, the client may – subject to other rights – terminate the contract. In this event, the company shall be obliged to repatriate the client and the client’s travellers upon the client’s request, but only by means of transport that were agreed in the contract. In case of cancellation due to force majeure, additional repatriation costs shall be borne by the client.
When changes to services made by the company cannot be attributed to it, the client shall not raise any further claims.
Upon termination by the client, the company may claim adequate compensation for services already rendered and services to be provided, insofar as these services would still be of interest to the client despite the termination of the contract.
§ 6 Disclaimer/termination by the company
The company is authorised to withdraw from the contract before the departure date of the trip if extraordinary circumstances for which it cannot be held responsible, make the performance of services impossible. In this event, the client shall only be entitled to the reimbursement of expenses incurred in direct connection with their rental order.
The company may terminate the contract after the departure if the services cannot be provided due to force majeure or additional challenges, endangerment or substantial obstacles resulting from unforeseeable events, such as e.g.: war, acts of war, hostilities, riots or civil war, arrests, confiscations, hindrances by state agencies or others, street blockades, quarantine measures and strikes not attributable to the company, exclusion or a cessation of work or in the event of hindrances, endangerment or prevention by the client. In the event of termination due to force majeure, endangerment or considerable hindrances, the company is obligated to repatriate the client upon their request, as well as their passengers; the repatriation request is limited to transportation agreed in the contract. Additional expenses related to the repatriation due to termination as a result of force majeure, shall remain payable by the client. The company terminating the contract may claim adequate compensation for the services already provided or for services yet to be provided under the contract, insofar as these services are still of interest to the client even after the termination of the contract.
§ 7 Liabilities
- The company is responsible, under the duty of care of a conscientious businessman, of the transport’s regulatory enforcement.
- The company is not responsible for disruption of services if they are due to force majeure or additional challenges, endangerment or substantial hindrances resulting from unforeseen circumstances such as for example: hostilities, riots or civil war, arrests, confiscations, hindrances by state agencies or others, street blockades, quarantine measures and strikes not attributable to the company, exclusions or cessations of work.
- The provisions on repatriation remain unchanged.
§ 8 Limitation of liability
- The client and their travellers are aware of and expressly agree that the compensation to which they are entitled is limited to EUR 1,000 per passenger for damages. In any event, the amount of all compensation shall not exceed the rental price fixed in the contract.
- The company is not liable for damage due to the client or their passengers’ behaviour, unpredictable and irresistible acts committed by third parties or force majeure.
- The client discharges the company and persons intervening in the formation of the contract from all claims based on facts specified in sections a-e of §2.3.
§ 9 Luggage and other items
- Luggage with a normal consistency is also transported; the same goes for other objects in the event of prior agreement.
- The client is responsible for damage caused by objects they and their passengers transport if these damages derive from circumstances attributable to the client or their passengers.
§ 10 Behaviour of the client and passengers
- The client assumes responsibility for the behaviour of their passengers during the journey. The injunctions of on-board staff must be observed.
- Passengers who do not obey the justified injunctions of on-board staff may be excluded from transport if the contempt towards injunctions constitutes a danger to the security or order of the company or passengers, or for reasons that make the continuation of transportation intolerable for the company. The client has no right, in this event, to assert a claim against the company.
- Complaints are addressed initially to on-board staff and to the company if the staff cannot reasonably remedy the situation.
- To the extent possible, the client is obliged to participate in efforts to remedy the disruption of services in order to avoid or limit potential damage.
§ 11 Jurisdiction and applicable law
The company’s headquarters are exclusively competent for any dispute relating to the execution and interpretation of the contract.
The applicable law is Luxembourg law.
§ 12 Invalidity/inapplicability of certain provisions
If a clause in the contract, including a clause of these terms and conditions should be cancelled or be deemed null and void, such invalidity shall not invalidate the entire contract and the other provisions shall remain applicable.
The German version of these general conditions prevails on the French version.