Our Terms be effective for every current and future business with the contractor (called VP in the following). Contrary or differing Terms of the VP will not be accepted, except we expressly accepted these Terms in writing. Our Terms are valid even when we carry out our services in the awareness of contrary or differing Terms of our VP.
1. Conclusion of Contract Mr. Ulrich Schmeken (US in the following) will offer his binding calculation with an additional transport contract. This calculation is binding for 10 calendar days. The VP has to accept the offer in writing to US within 10 calendar days. The orderer guarantees that he is authorized to legally act in the name of the VP.
2. Neligible Deviations US retains the right to divert from the transportation contract in important cases when the divergence is negligible and the total character of the owed Transport is not changed. This reservation is especially valid when the provision of unique vehicles is not possible for technical or organizational reasons. In this case US is entitled to replace the vehicle with a suitable equally good replacement.
3. Terms of Payment The acknowledgement of the order will contain the binding Terms of Payment that the VP has to sign. The payments or part payments have to come to US at the time aggreed upon.
4. Change in Prices Change in Prices require written information. Changes in Prices on the basis of official steps, lasting changes in exchange rates, considerable increases of fuel prices and other circumstances not in the responsibility of US can not be excluded.
5. Steering and Rest Times US and his Chauffeurs are subject to strict regulations of Steering and Rest Times. When the VP wants to exceed these limits or is responsible for exceeding them, the VP has to pay the second driver needed to fullfill the transportation contract.
6. Rules and Regulations for Passports, Visa, Duty, Currency and Health Every Passanger is responsible for sticking to these rules. US does not accept liability for disadvantages arising from not following these rules - even when these rules have changed after signing the transportation contract.
7. Behaviour of Passengers Passengers have to behave while using our vehicles so that their own security and that of others is not endangered. Instructions of the Chauffeur have to be followed. Our Passengers are not allowed:
- to reduce the usability of our vehicles by blocking the passage, entrance or exit with bulky objects.
- to missuse security installations like escape taps / exits or block escape routes.
8. Transportation US has to transport the luggage of the Passengers like suitcases or bags (wardrobe and necessaries of life). US is not obliged to transport technical equipment or the backline of the VP. When US still carries technical equipment or backline he does not accept liability for losses or damages happening to this equipment, except to intent or extremely careless behaviour by US. When the transportation of technical equipment or backline is part of the contract the VP has to pay for an additional Backline Assurance that has to be signed by US. When the VP accepts that US is not liable this Assurance can be dropped. US is liable for damaged or lost luggage in case of an accident (up to 1000,00 EUR per Passenger), except for break-in and burglary. The general liability of US is limited to intent or considerable carelessness. We urgently recommend to sign a suitable Assurance for yourself. In addition US is not liable for secondary damages of Persons and Properties. This limitation of liability is not valid when the secondary damage arises from intent or considerable carelessness.
9. Liability US does not guarantee time of arrival and is not liable for being behind schedule, except the cause for being late is intent or considerable carelessness. The estimated drive time of our Busses or Cars are calculated with average volume of traffic and are therefore without guarantee. Deviations in transfer and arrival time caused by holdup, breakdown or stopover, not foreseeable exceptional circumstances like strike, war, unrest, official orders etc. as well as lack of space or incorrect information do not justify claims for compensation. According to that US will not guarantee that connections of every kind are met. So US is not liable for lost profit or other damages of the VP. When the arranged transportation service is not (at all or in time) accomplished and this was caused by technical breakdown of the vehicle and US is responsible for that, then US will arrange a suitable replacement and will accept the cost for housing the VP till the vehicle is replaced. In this case any further claim for compensation is ruled out. This is especially valid for secondary damages, personal injuries and property damages; except these damages are caused by intent or extreme carelessness. The VP is obliged to undertake any necessary step to minimize these damages.The limitation of liability is not effective when the VP claims nonperformance because of assured features are missing. Any further liability is without notice to its legal nature ruled out. This is also valid for the liability of employees and substitutes of US.
10. Subcontractors US has the right to put subcontractors in charge of his transportation services.
11. Termination US can terminate his transportation contracts without further warning or respites, when:
- the VP is not commited or in delay with his payments (in total or in parts), suspends his payments or insolvency / petition of bankruptcy has been declared on the property of the VP or is being declared shortly.
- the fullfillment of the transport contract is not possible due to exceptional circumstances not known of at its signment like war, strike, unrest, official orders etc.
- the vehicles are without permission of US used by third.
- at rude inappropriate behaviour of passengers.
US has informed the VP that contract termination leads to immediate cancellation of the transport service. When the VP terminates the contract before setting out, the VP has to compensate US:
- 4 Weeks before: 30% - 2 Weeks before: 50% - 13 Days before: 75% of the total fee owed to US
The right to terminate the contract out of paragraph 649 BGB is denied.
12. Ineffectivness of single Provisions When single Provisions of these Terms of Business are ineffective this does not result in ineffectivness of the Terms as a whole.
13. Legal Domicile The City of Muenster is hometown of US and his legal domicile. US is entitled to sue the VP on its Place of Living / Business. All legal trials will be under German Law of the Bundesrepublik Deutschland.
14. Security The VP assures US that the responsible local organizer is instructed about his duty to secure the personal and vehicles of US.
