Terms & Conditions

General Terms and Conditions (AGB) for the hiring of Buses and Vehicles
of the company MIDIA TOURS GMBH (Company with limited liability under German Law)

§ 1
Subject matter of the contract and contract conclusion


(1) Offers of the MIDIA TOURS GMBH (hereinafter referred to as the TOUR OPERATOR), are non-binding, if nothing else is agreed in writing.
(2) The contract becomes legally effective as soon as the drafted contract form is signed by both contracting parties and its handing-out to the CLIENT.

§ 2
Agreed services- Changes of services

(1) The agreed services will be described in more detail in the travel contract signed by both        
      contracting parties.

(2) The general framework of the services of this Contract include the provision of a vehicle
      of the agreed type with a driver and the execution of the transport services as well as of   
      the entire trip, in accordance with the agreement.

(3) The application of the  regulations regarding the work contract pursuant to § 631 ff. BGB
       (German Civil Code) is ruled out.

(4) The services do not include:

e.    the supervision of passengers, in particular of children, adolescents and persons in need of  help,

f.    the supervision of personal items, which the CLIENT or his passengers leave back in the passenger compartment of the vehicle,

g.    the supervision of luggage during loading in and unloading out of the vehicle,

h.    the Information regarding all applicable regulations for all passengers, as far as these are included in particular in exchange control, passport, visa, customs and health regu-lations, and for the compliance with the obligations resulting from these regulations. The CLIENT has to take care of these matters by himself and to ensure that these pre-requisites have been provided, before the beginning of the trip.


§ 3
Change of the provision of services


(1) Changes of the scope of services are principally possible by both contracting parties; the exact contents, their notification, the corresponding execution of the trip on the basis of these changes as well as the consequences of these changes on the implementation of the trip must be determined in writing and will be automatically a basic component of the already signed excursion contract.
(2) Each contracting party must notify any changes immediately after receiving knowledge of the reason of the changes by the other contracting party.
(3) Changes of the scope of services by the TOUR OPERATOR, which become necessary af-ter the conclusion of the contract, are permissible, if the circumstances, which lead to the changes of the scope of services, have not been carried out by the TOUR OPERATOR against the utmost good faith and as long as the changes are not significant and they are rea-sonable for the CLIENT.
(4) Changes regarding the temporal and local framework of the excursion, for which the TOUR OPERATOR is not responsible, are not to be considered as defects of the excursion or other withdrawal and/or cancellation grounds before or after the beginning of the excursion.

(5) The excursions organised by the TOUR OPERATOR can either be temporally postponed or completely cancelled due to the lack of the contractually agreed minimum number of par-ticipants from the TOUR OPERATOR. The actual minimum number of participants will be determined by the type of the excursion and upon agreement of the TOUR OPERATOR with the CLIENT.

§ 4
Remuneration terms and other costs


(1) The excursion and/or the hiring price agreed at the date of conclusion of the contract is val-id.
(2) At the date of conclusion of the contract, a down-payment must be made by the CLIENT against the handing out of a copy of the contract, which was signed by both contracting par-ties, and which has been determined in the actual contract form upon agreement. The rest of the agreed total excursion price is to be paid completely at the latest 5 days before the beginning of the excursion. An installment payment of the rest of the excursion price is pos-sible only after a written agreement. All payments of the agreed purchase price will be carried out via a bank remittance into the bank account of the TOUR OPERATOR notified to the CLIENT and by stating the corresponding contract number.

(3) If the CLIENT does not pay the agreed excursion or hiring price in due time and/or pursu-ant to § 2 Para. 2 of the present GTC/s, then the TOUR OPERATOR is entitled to cancel the contract even only on this ground.

(4) All prices are calculated in Euro.
(5) All incidental costs in connection with the agreed services, (e. g. street costs, in particular vehicle toll costs/ Mautgebuhren) and parking fees, accommodation costs and subsistence expenses (food costs) for the driver/s and the cabin crew) will be calculated separately and according to the agreement of the contracting parties.
(6) Additional costs, which shall arise due to changes wished by the CLIENT, will be charged additionally.
(7) Costs, which arise by intentionally or gross negligently caused damages or through significant impurities of the vehicles of the TOUR OPERATOR by the CLIENT or his passengers, are to be paid explicitly and to the full amount by the CLIENT and will be invoiced separately.
(8) The TOUR OPERATOR is entitled to demand in advance from private clients as well as from clients with a domicile abroad, the full amount of hiring price as a down payment.

§ 5
Withdrawal and cancellation by the CLIENT


I. Withdrawal according to § 651i BGB
(1) The CLIENT can withdraw from the contract before the beginning of the excursion.
(2) The declaration of withdrawal must be submitted in writing and delivered to the TOUR OPERATOR. The date of delivery of the written withdrawal declaration to the TOUR OPERATOR is decisive.
(3) If the CLIENT withdraws from the contract or does not begin the excursion, the TOUR OPERATOR can either demand a specifically calculated or a lump sum compensation, except if the withdrawal is based on circumstances, for which the TOUR OPERATOR is responsible.
(4) The amount of the specifically calculated compensation is determined according to the agreed excursion and/or hiring price and according to the notification date of the declared withdrawal after deduction of the amount, which the TOUR OPERATOR has saved on ex-penses.
(5) A compensation, which is specifically to be calculated, will be notified by the TOUR OPERATOR to the CLIENT.
(6) The TOUR OPERATOR can demand lump sums of compensation claims as follows:
    In case of a withdrawal:
1.    from 29 up to 20 days before the planned excursion beginning, 10 % of the excursion price
2.    from 19 up to 10 days before the planned excursion beginning, 25 % of the excursion price
3.    from 9 days up to 24 hours before the planned excursion beginning, 50 % of the ex-cursion price
4.    less than 24 hours before the planned excursion beginning, 90 % of the excursion price
(7) The compensation claim is dropped, if the withdrawal has been caused due to service changes initiated by the TOUR OPERATOR, which are substantial and unacceptable for the CLIENT. Further rights of the TOUR OPERATOR remain unaffected thereof.
II. Cancellation
(8) If changes of agreed services become necessary after the beginning of the excursion, which are substantial and unacceptable for the CLIENT, the CLIENT is entitled - notwithstanding any further claims - to cancel the contract.
(9) In the cases of § 5 para. 9 of the present GTC/s, the TOUR OPERATOR is obliged upon wish of the CLIENT to transport the CLIENT and his passengers back, in which case a claim for the transport back only exists for the agreed transport vehicle in the contract.
(10) Further claims of the CLIENT are ruled out, if the changes of services, which became necessary are based on circumstances, for which the TOUR OPERATOR is not responsible.

§ 6
Withdrawal and cancellation by the TOUR OPERATOR


(1) The TOUR OPERATOR can withdraw from and/or cancel the contract before the beginning of the excursion, if extraordinary circumstances, for which the company is not responsible, render the provision of services impossible (the excursion/the transport/the journey).
(2) The TOUR OPERATOR can cancel after the beginning of the excursion, if the provision of services has been seriously aggravated, endangered or compromised through force majeure or by the CLIENT or its fellow passengers. In particular, the TOUR OPERATOR can cancel the excursion also only due to these reasons, namely if the CLIENT has either not paid the agreed excursion or hiring price in due time or not pursuant to § 4 Para. 2 of the present GTC/s.
(4) As extraordinary circumstances or force majeure within the meaning of the present GTC/s are included in particular - however here listed only exemplary - events like war in the depar-ture and/or the target land or events similar to war, animosities, uprisings or civil war, arrests, confiscation or obstruction through state bodies or other persons, street blockades, quarantine measures as well as for strikes, lock-outs or work stoppages, for which the TOUR OPERATOR is not responsible.
(5) In case of a cancellation due to force majeure or due to a significant type of aggravation, endangerment or compromise after the start of the excursion, the TOUR OPERATOR is obliged upon wish of the CLIENT to transport him and his passengers back, in which case the claim for the return transport is valid only for the agreed transport vehicle in the contract.
(6) The duty to the return transport stated in § 6 para. 5 of the present GTC/s is dropped, if and as long as the return transport of individual persons is unacceptable for the TOUR OPERATOR, due to circumstances, for which he is not responsible.
(7) If in case of a cancellation due to force majeure, additional costs arise for the return trans-port, these costs will exclusively be paid by the CLIENT.

§ 7
Remedy, excursion defects, reduction of the agreed remuneration

For defects, which occur during the excursion the valid regulations of pursuant to §§ 651c ff. BGB, as they are defined in more detail in § 11 Para. 3-4 of the GTC/s, are applicable.

§ 8
Liabilities of the TOUR OPERATOR


(1) The TOUR OPERATOR is liable within the framework of the due diligence of a proper businessman for the correct execution of the excursion/transport.
(2) The TOUR OPERATOR is not liable for service disturbances, which occur through force majeure during the excursion/transport.
(3) The regulations regarding the return transport remain unaffected thereof.

§ 9
Restriction of the liability of the TOUR OPERATOR


(1) The liability of the TOUR OPERATOR by contractual compensation claims is restricted to the double amount of the total hiring price. This means that the amount of liability for every person involved, is the liability restricted to this liability share of the hiring price assigned to this person, multiplied by the factor 2.
(2) For the vehicles of the TOUR OPERATOR there is a legal vehicle - third party liability in-surance covering the settlement of justified compensation claims, which are raised against the TOUR OPERATOR due to legal liability insurance regulations of private nature or for addition-ally insured persons, if through the usage of a vehicle provided by the TOUR OPERATOR, persons are injured or die and/or material objects are damaged or destroyed. For personal and material damages there is an unlimited coverage sum. Excluded from the insurance cov-erage are third party liability claims, if they go beyond the scope of the legal third party liability coverage due to the contract or due to a particular commitment, as well as third party liability claims arising from the pure damages to assets, which were caused by the non-observance of transport specific deadlines.  
(3) § 23 PBefG remains unaffected.
(4) The restrictions stated in paragraphs 1 and 2 have no validity, if the damage to be evalu-ated has been caused by intentional or gross negligent activity of the CLIENT or his passengers. The CLIENT is obliged in particular, to bear all costs, which have been inflicted due to his culpable activity or due to the culpable activity of any of his passengers to the vehicles as well as to the premises and to the cabin crew of the TOUR OPERATOR.
(5) For damages, in particular to legally protected interests of the passengers or third parties - if these were exclusively caused by a culpable behavior of the CLIENT or by any one of its passengers - the TOUR OPERATOR bears no liability whatsoever.
(6) The TOUR OPERATOR is not liable for errors in the documents of the excursion issued by the CLIENT or/and of any of its passengers, for which the TOUR OPERATOR is not responsible; he bears no liability also for their validity. Beyond this, the TOUR OPERATOR is not liable for changes to excursion plans and any other services provided by third parties, which could eventually influence the beginning of the excursion or the entire transportation.
(7) The CLIENT releases the TOUR OPERATOR and all persons involved in the execution of the contract by him from any claims, which are based on one of the factual circumstances stated in § 2 Para. 4 letters a - d,.

§ 10
Luggage and other material objects

(1) The customary amount of standard size luggage will be transported with the passengers. More specifically, the CLIENT and/or its guests can transport only an excursion bag or a suit-case in the regular excursion size. Further luggage or any other items are to be transported only after the consultation with the TOUR OPERATOR and under the prerequisite that in the vehicle there is sufficient place available.
(2) For damages, which are caused by the items carried by the CLIENT or its passengers, the TOUR OPERATOR bears no liability whatsoever.
(3) The TOUR OPERATOR is explicitly exempted from any liability, if the CLIENT or any of its passengers transport dangerous, prohibited or illegal substances, materials and any other items, in particular drugs, weapons or explosive substances, in their luggage. The TOUR OPERATOR is also not liable for delays or cancellation of the excursion/transport, which are caused due to the finding or confiscation of the above-mentioned items during a control by the Police or Customs. Any other compensation claims of the TOUR OPERATOR remain unaf-fected thereof.

§ 11
Conduct of the Excursion CLIENT and of his passengers during the excursion


(1) The CLIENT bears the responsibility for his own conduct and for the conduct of his pas-sengers during the whole period of transport. The instructions of the cabin crew must be strict-ly followed. All passengers are obliged to remain seated at their own seats during the entire drive with their seat belts on. Should the passengers wish to move in the vehicle of the TOUR OPERATOR during the driving, they undertake all personal liability for eventually arising per-sonal or/and material damages.
(2) Passengers, who despite the warnings of the cabin crew do not follow the justified instructions, can be excluded from the transport, if through the disregard of these instructions a danger arises for the security and order of the operation or for the fellow passengers, or for any other reasons whatsoever the further transport is unacceptable for the TOUR OPERATOR. Regress claims of the CLIENT vis-a-vis the TOUR OPERATOR do not exist in such a case. The CLIENT is obliged to pay exclusively by himself the costs for the eventually caused damages through this conduct.
(3) Complaints are to be directed initially to the cabin crew and, if the crew cannot provide help with a reasonable amount of effort, to the TOUR OPERATOR.
(4) The CLIENT is obliged before or during the excursion to co-operate within the framework of the reasonable degree for the elimination of service disturbances, in order to avoid further damages or to keep them as low as possible.
 
§ 12

Notice to the GTC/s as well as miscellaneous pointers and information duties of the TOUR OPERATOR

(1) The GTC/s of the TOUR OPERATOR are a basic component of the contract concluded with it.

(2) The CLIENT confirms with his signature that he has taken note of the GTC/s of the TOUR OPERATOR.

(3) Any other information and instruction duties result from the legal regulations.

§ 13

Place of fulfillment and place of jurisdiction

(1) Place of fulfillment of the contracts concluded with the TOUR OPERATOR is exclusively Munich.

(2) Place of jurisdiction for all legal litigations from the contracts concluded with the TOUR OPERATOR is exclusively Munich.

(3) The legal relationships between the TOUR OPERATOR and the CLIENT are based on the laws of the Federal Republic of Germany.


§ 14

Data protection

(1) The personal and contact details of the CLIENT will be used by the TOUR OPERATOR on-ly for the purposes of proper execution of the excursion and if necessary, saved and kept in the files for taxation or any other legal reasons.

(2) The TOUR OPERATOR is subject to the Data Protection Act of the Federal Republic of Germany from the 20th December 1990, last amended through Art. 1G from the 14th August 2009, in particular regarding § 5 of the above-mentioned Act (Data Secrecy).


§ 15

Severability Clause

(1) Changes of the contracts and of side agreements concluded with the TOUR OPERATOR must be submitted in writing, in order to be legally effective.

(2) Verbal side agreements do not exist.

(3) Should individual terms and conditions of a contract concluded with the TOUR OPERATOR, be or become ineffective in future, the legal effect of the rest of the contract is not affected thereby. The ineffective term/s and condition/s is/are to be replaced by effective term/s, which come/s as close as possible to the desired financial and legal intention of the contracting parties.

(4) Should individual clauses of these GTC/s be ineffective, in their place the corresponding legal regulations steps in or a corresponding regulation within the meaning of the legal regula-tion has to be set in place, provided that it does not affect any legal regulations. The validity of the rest of the GTC/s remains unaffected from the possible ineffectiveness or contestability of individual clauses.


Standing: 22.10.2012

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