General Terms and Conditions Part 1
§ 1 offer and contract
1. Offers of ETS Touristik GmbH (address see imprint) - hereinafter referred to as ETS - are non-binding, unless otherwise agreed in writing.
2. The customer (orderer) can place his order in writing, in electronic form or orally.
3. The contract is concluded with the written confirmation of the order by ETS, unless otherwise agreed.
4. If the content of the confirmation differs from that of the order, the contract will be concluded on the basis of the written confirmation from ETS, if the customer declares the acceptance in writing or electronically within one week of receipt.
§ 2 service content
1. For the scope of the contractual services, the information in the written confirmation of the order is decisive. Number 3 remains unaffected.
2. The service includes the provision of a vehicle of the agreed type with the driver and the performance of the carriage. The application of the provisions on the work contract is excluded.
3. In particular, the agreed service does not include:
1. the fulfillment of the purpose of the journey,
2. the supervision of passengers, in particular children, adolescents and vulnerable persons,
3. the supervision of items left by the customer or one of his passengers in the passenger compartment of the vehicle,
4. the supervision of the luggage during loading and unloading,
5. Information on regulations relevant to passengers, such as foreign exchange, passport, visa, customs and health regulations and compliance with the obligations arising from these regulations.
This does not apply if something else has been agreed.
§ 3 performance changes
1. Alterations to performance by ETS, which become necessary after the conclusion of the contract, are permissible if the circumstances leading to the change in performance have not been caused by ETS in good faith and unless the changes are reasonable and reasonable for the purchaser. ETS shall notify the purchaser of any changes immediately after having learned of the reasons for the change.
2. Changes in performance by the customer are possible with the consent of ETS. The declaration is made in writing or in electronic form by the customer, unless otherwise agreed.
§ 4 price and payments
1. The rental price agreed upon conclusion of the contract applies.
2. All ancillary costs usually incurred in connection with the agreed service (eg road and parking fees, accommodation costs for the driver / s) are not included in the rental price, unless otherwise agreed.
3. Additional costs due to the customer of desired changes in service will be charged additionally.
4. The assertion of costs incurred by ETS due to damage or contamination remains unaffected.
5. Invoices are due upon receipt without deduction.
§ 5 resignation and termination by the purchaser
1. The customer can withdraw from the contract prior to departure. If he has been able to do so, ETS shall be entitled to reasonable compensation, unless the resignation is based on a circumstance for which ETS is responsible.
2. ETS may set compensation claims as follows:
With a resignation
- the same day: 100%
- one day before: 50%
- 4 days before: 30%
- 7 days before: 0%
the agreed rental price, if and to the extent that the customer does not prove that damage to ETS did not occur or is substantially lower than the lump sum.
ETS reserves the right to prove higher damage in individual cases.
3. The right to compensation shall cease if the resignation is due to changes in the performance of ETS that are material and unreasonable for the purchaser. Further rights of the customer remain unaffected.
1. If changes to the agreed services are necessary after commencement of the journey, which are considerable and unreasonable for the customer, he is entitled to terminate the contract.
2. In the event of termination, ETS is obliged to return him and his passengers at the request of the customer. The right of return only applies to the means of transport agreed in the contract.
3. Further claims of the customer are excluded if the necessary changes in service are based on a circumstance for which ETS is not responsible.
4. If the purchaser terminates the contract, ETS shall be entitled to reasonable compensation for the services already rendered and those to be performed under the contract, provided that the latter are still of interest to the purchaser despite the termination.
§ 6 resignation and termination by ETS
1. ETS may withdraw from the contract prior to departure if extraordinary circumstances for which ETS is not responsible make performance impossible. In this case, the purchaser can only demand compensation for the necessary expenses incurred directly in connection with the vehicle order.
1. ETS may terminate after commencement of travel if the provision of the service is either due to force majeure (including in particular circumstances such as war or war-like occurrences, hostilities, insurrection or civil war, arrest, seizure or obstruction by state authorities or other persons, road blockades, quarantine measures as well as strikes, lockouts or work stoppages for which ETS is not responsible) or is made considerably more difficult, endangered or impaired by the customer or a passenger.
2. In the event of termination, ETS is obliged, at the request of the customer, to return him and his passengers. The right of return only applies to the means of transport agreed in the contract. The obligation to return the vehicle does not apply if and to the extent that return transport is unreasonable for ETS.
3. If ETS terminates the contract, it shall be entitled to appropriate compensation for the services already rendered and those to be rendered under the contract, provided that the latter are still of interest to the customer despite the termination.
General Terms and Conditions Part 2
Section 7 Liability
1. ETS is liable within the framework of the due diligence obligations of a proper merchant for the proper performance of the transport.
2. ETS is not liable for performance disruptions due to force majeure.
3. ETS is not liable for the theft of baggage and valuables left in the bus.
4. ETS is not liable for claims of passengers who do not arrive in time for the departure time announced by the driver or tour guide.
5. The rules on the return transport remain unaffected.
§ 8 Limitation of liability
1. The liability of ETS for contractual or tortious claims for damages for damages that do not result from injury to life, limb or health is limited to three times the rental price (see section 4). The liability per affected passenger is limited to the proportion of the triple rental price related to this person. This does not apply if the damage occurred is due to intent or gross negligence.
2. For the vehicles of the ETS there is a statutory motor vehicle liability insurance, which includes the satisfaction of justified claims for damages, which are due to statutory liability provisions under private law content against ETS or co-insured persons includes, if the use of a vehicle by ETS injured or killed, damaged things or destroyed. For personal injury and property damage is currently an unlimited coverage, but not more than 7,0 million euros per injured person. Excluded from the insurance are liability claims, insofar as they go beyond the scope of statutory liability based on a contract or special commitment, as well as liability claims from such pure financial loss, which are due to non-observance of promotion periods.
3. Liability for damage to property of any person carried is excluded insofar as the damage exceeds 1.000,00 EUR and is not due to intent or gross negligence.
4. ETS is not liable for damages, as far as they are based solely on a culpable action of the customer or one of his passengers.
5. The purchaser indemnifies ETS and its vicarious agents from all claims based on a circumstance described in section 2.3.
§ 9 luggage and other stuff
1. Luggage to the normal extent and - after arrangement - other things are carried along.
2. Explosive, highly flammable, radioactive, foul-smelling or corrosive substances as well as unpackaged or unprotected items that may injure passengers are excluded from carriage.
3. For damage of any kind caused by items carried by the purchaser or his passengers, the purchaser shall be liable if the damages are due to circumstances for which he or his passengers are responsible.
§ 10 behavior of the customer and the passengers
1. The orderer is responsible for the behavior of his passengers during the transport. The instructions of the on-board staff must be followed. The customer shall be liable for damage caused to the vehicle or other items by ETS to its passengers, unless the customer or his passengers are responsible for the damage. Other claims remain unaffected.
2. Passengers who fail to comply with reasonable instructions given by on-board staff despite being warned may be excluded from carriage if, by failing to comply with instructions, they significantly affect passengers, endanger safety or, for other reasons, be ineligible for ETS. A claim for return or recourse claims of the customer against ETS does not exist in these cases.
3. Complaints are directed firstly to the on-board personnel and, if this can not be remedied at a reasonable cost, to ETS.
4. The orderer is obligated to cooperate in the rectification of performance disturbances within the scope of what is reasonable for him, in order to avoid or minimize possible damage.
§ 11 Disclaimer Day Trips (Sightseeing Tours):
The tour operator (ETS Touristik GmbH) can not be held responsible for any accidents, losses or delays caused by changes in our schedule or in any other matter. We reserve the right to change our ways, dates, times, rates or vehicles without prior notice. This applies in particular to our special multi-lingual tour buses, which can not be replaced by an equivalent bus in case of technical failure.
In the case of a possible failure or partial cancellation of services due to force majeure (eg due to flooding, failure of the Rhine ship) or any other matter, the tour operator's liability shall be limited to the sole compensation of the services not provided. Please inform yourself before the tour about the current events.
The different tours take place from 4 bookings and more. We reject any responsibility if this information is not passed on by third parties or incorrectly. Vouchers, deposits and tour tickets are non-refundable if passengers cancel their trip at short notice or do not appear at the departure location for the tour start.
§ 12 place of jurisdiction and place of fulfillment
1. The place of fulfillment in relation to business people, legal entities under public law or public special assets is exclusively the registered office of ETS Touristik GmbH.
2. Jurisdiction for all disputes arising from legal transactions with merchants, legal entities under public law or public special assets is Frankfurt / Main.
If the purchaser has no general place of jurisdiction in Germany and in the event that the purchaser relocates his domicile or habitual abode from Germany after the conclusion of the contract or if he is not known at the time the legal action is brought, the place of jurisdiction is also Frankfurt.
3. ETS is entitled to sue at the customer's registered office.
4. All contracts concluded on the basis of these conditions are governed exclusively by the law of the Federal Republic of Germany.
§ 13 Supplementary provisions
1. These conditions remain in case of doubt also with legal inefficacy of single or several determinations in its remaining parts binding.
2. The invalidity of individual provisions of the contract including these conditions does not result in the invalidity of the entire contract.