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Terms and Conditions
Terms and Conditions of Contract
Validity 24.08.2015
Dear Customers,
We would like to draw your attention to our terms and conditions of contract before you conclude the travel / promotion / transport contractual agreement and give you the opportunity to take note of their contents. Please read these carefully.
Should you have any questions please don’t hesitate to call us: +49 40 611 921 90.
By signing the contractual agreement, both parties are accepting the current terms and conditions of contract as they are written here and acknowledging their validity.
Contents
Validity 24.08.2015
Dear Customers,
We would like to draw your attention to our terms and conditions of contract before you conclude the travel / promotion / transport contractual agreement and give you the opportunity to take note of their contents. Please read these carefully.
Should you have any questions please don’t hesitate to call us: +49 40 611 921 90.
By signing the contractual agreement, both parties are accepting the current terms and conditions of contract as they are written here and acknowledging their validity.
Contents
- Booking
- Payment
- Service and price changes
- Cancellations
- Rebooking or changes to bookings
- Contractual liability and accountability limitation
- Exclusion of claims and limitation
- Warranty and remedy
- General terms of contract
- Passport, visa and health regulations
- Jurisdiction
- Invalid regulations
1. Booking
1.1 Customer acceptance of the services shall be effected by means of written booking confirmation. The contractual agreement is effective once Gebert EventBus GmbH has accepted the booking by means of written confirmation. All agreements, special requests and special bookings need to be in writting and require written confirmation from Gebert EventBus GmbH to be valid.
1.2 The booking customer is liable for all contractual obligations of all other passengers for whom he is booking as well as for himself.
1.3 The rights and obligations result from the contractual agreement and from any further agreements made between Gebert EventBus GmbH and the booking customer, as well as all legal rules and regulations.
2. Payment
The price for the service provided in the contractual agreement is to be paid in advance.
2.1 After the contractual agreement has been signed, a deposit of 25 % of the full price is to be made, or a minimum deposit of 100,00 EURO.
2.2 The remaining balance is to be paid 3 weeks (21 days) prior to travel.
2.3 Short notice bookings, bookings made within 3 weeks (21 days) prior to the travel date, must be paid in full immediately after conclusion of the contractual agreement.
2.4 Should the deposits and / or payments not be made in accordance with the agreed deadline, then Gebert EventBus GmbH is entitled to charge overdue fees or even withdraw from the contractual agreement.
Any costs or expenses incurred to that point will be charged to the booking customer.
3. Service and Price changes
3.1 Changes and deviations of individual services form the agreed content of the contractual agreement which are necessary after the conclusion of the contract, are only permitted if the changes or deviations are not significant and do not affect the overall service booked.
3.2 Gebert EventBus GmbH is entitled to price increases of up to 5 % of the agreed price of the trip, four months after conclusion of the contract and up to 3 weeks before the travel date, if it is verifiable and only if after the conclusion of the contract an increase in transport costs, such as port or airport taxes or fees or a change in the exchange rates are applicable to the voyage in question. Price increases based on the aforementioned circumstances are only permissable to the extent that the increase in the price of transport, duties and exchange rates specifically affects the price of the services.
3.3 The booking customer is to be informed in writing immediately of any service or price changes. In this case, the customer may choose to withdraw from the contractual agreement. The customer is then obliged to forward his decision immdiately in writing to Gebert EventBus GmbH.
3.4 If the contractual agreement is threatend or significantly impaired by unforeseeable circumstances such as, natural disasters, war, strikes or similar, both contractual parties are entitled to terminate the contract. The legal consequences and effects can be found in § 638 para. 3 BGB (German Civil Code).
4. Cancellation
4.1 The booking customer may withdraw from the contractual agreementat any time prior to commencement of the service. If a cancellation occurs the customers is obliged to immediately inform Gebert EventBus GmbH in writing.
4.2 If the customer cancels before the start of the journey, Gebert EventBus GmbH loses the right to the full travel price. If the cancellation is not made by Gebert EventBus GmbH or if a case of unforeseeable circumstances occurs, the travel price is charged with a generalized compensation for the services rendered up to the cancellation and their expenses.
The compensations are calculated from the date of the cancellation as follows:
4.3 It is up to the customer to verify to Gebert EventBus GmbH that no damage or only minor loss has occurred then according to the compensation rates.
4.4 The statutory right of the customer to organise a substitute participant, in accordance with § 651 b BGB (German Civil Code), remains unaffected by the above provisions.
5. Rebookings or booking changes
5.1 Changes to the booking after the contractual agreement has been finalised are not possible. Should a change in booking be necessary and is presentable for Gebert EventBus GmbH, then a re-booking fee of 25,00 € per requested change may apply.
5.2 Rebooking requests that are of significant expenses for Gebert EventBus GmbH, may cause for a re-negotiation. This does not apply to minor requests.
6. Contractual liability and accountability limitation
The customer is obliged to take all necessary steps in order to minimize any damage.
6.1 All damages, as long as they were neither intentional nor due to gross negligance or if the Gebert EventBus GmbH is solely responsible on the basis of a fault of a service provider / partner, are covered by the contractual liability of twice the travel price. Physical damages are not included in this liability.
6.2 Gebert EventBus appoints to the restriction of liability or liability exclusion with the context of the internationally made agreements.
6.3 Gebert EventBus GmbH is not liable for service impairments or defiencies that occur to external services as listed in the service description. This particularly goes for add-on / extra programs that occur during the course of the event or trip.
6.4 All tort damage claims against the Gebert EventBus GmbH, that are non-intentional and not due to gross negligance, have a liability limitation for material damages, per customer and per overall service, of 4.090,00 €. Should double the travel price add up to exceed the given sum, then the material damage liability is limited to twice the travel price.
6.5 Compensation in case of damages to wheelchairs, mobility aids or any other auxiliary equipment, always equals to the replacement value or the repair costs of the lost or damaged equipment. In relation to this, the customer is advised, for his own interest, to take out a travel accident or travel luggage insurance.
6.6 Gebert EventBus GmbH does not accept compensation claims for travel interference that occured as a result of unforeseen circumstances, such as: war, natural disasters, traffic complications, strikes etc.
7. Exclusion of claims and limitation
7.1 Claims for inadequate services according to §§ 651 c to 651 f BGB (German Civil Code), have to be made within one month of the antisapated end of the contractual agreement, in writing to Gebert EventBus GmbH and to be effective, sent within the deadline to:
Gebert EventBus GmbH
Langenkoppel 22
22949 Ammersbek, Germany
After the expiration of the deadline, claims can only be made if the customer was unable to comply with the deadline without actual fault.
7.2 An assignment of claims from the contractual agreement to a third party is not permitted.
8. Guarantee and remedy
8.1 If the services are not in accordance with the contract, the customer my request remedies, provided that the Gebert EventBus GmbH has been directly informed of the defects and has been requested to rectify them. The remedy is to remove or repair the service fault or defect in accordance with § 638 para.3 BGB (German Civil Code) or supply equivalent substitute service. If the customer culpably fails to report the defect according to § 651 d para. 2 BGB (German Civil Code), he shall not be entitled to any reduction in the price or compensation.
8.2 The necessary communication data such as phone, emergancy phone and fax numbers of Gebert EventBus GmbH can be found in the travel documents. Travel agencies, tour guides, other agencies or employees from services providers or partners are not authorized by Gebert EventBus GmbH to confirm deficiencies or to recognize any claims from the customer.
8.3 If the service is significantly impaired due to defect or fault and the reasonable deadline for rectificatin of the faults or defects has been granted by the customer and goes without remedy, the customer may be entitled to take remedial measures of his own and later demand to be reimbursed of the necessary expenses. The deadline is not necessary if the Gebert EventBus GmbH refuses remedy, the remedy is impossible or is not requested within a reasonable period.
9. General terms of contract / Travel information
9.1 The agreed contractual service includes, in patricular:
a) No tunnel fees, no street fees, no tolls or parking fees and, if applicable, no overnight accomodation costs for the passengers, in particular children, young people and persons in need of assistance.
b) No supervision of passengers, in particular children, young people or people in need of assistance.
c) No supervision of objects or valuables left by the customer or passengers in the vehicle compartment.
9.2 Passengers baggage is limited to 1 travel bag and 1 hand luggage item per passenger. The possibility of taking special luggage requires an early confirmation with Gebert EventBus GmbH. Musical instruments, bicycles, surfboards, tents, orthopedic appliances are not seen as "special luggage" and must be registered at the time of booking/ordering.
9.3 All our contract partners have the required legal regulations and provisions for passenger transports. There is no entitlement to a specific transport company or buses/coaches, unless this is explicitly stated in the contractual agreement.
10. Passports, visas and health policy formalities
10.1 Gebert EventBus GmbH draws attention to passport and visa requirements, including the deadlines for obtaining these documents as well as any health formalities/requirements which apply to the particular travel destination, for citizens of the European Union, that do not have specifics such as dual citizenship.
10.2 Should service complications arise solely due to lack of or missing ducumentation of the customer or any other passenger (i.e. insufficiant visa or lack of required vaccinations), then the booking customer cannot withdraw from the contract free of charge and cannot claim travel services without consequences.
10.3 For customers with dual citizenship, the relevant consulat/embassy will supply all needed information.
11. Jurisdiction
11.1 The customer can only take Gebert EventBus GmbH to court at its registered office.
11.2 The courts for Gebert EventBus GmbH to take legal action against the customer must be the courts asigned near the customers place of residence. Unless they are registered traders or who have moved their place of residence abroad after the conclusion of the contract or whose place of residence is unknown at the time of the complaint/legal action being taken. In these cases the asigned court will be that of the Gebert EventBus GmbH.
12. Invalidity of individual provisions
The invalidity of individual provisions does not justify the invalidity of the contractual agreement.
1.1 Customer acceptance of the services shall be effected by means of written booking confirmation. The contractual agreement is effective once Gebert EventBus GmbH has accepted the booking by means of written confirmation. All agreements, special requests and special bookings need to be in writting and require written confirmation from Gebert EventBus GmbH to be valid.
1.2 The booking customer is liable for all contractual obligations of all other passengers for whom he is booking as well as for himself.
1.3 The rights and obligations result from the contractual agreement and from any further agreements made between Gebert EventBus GmbH and the booking customer, as well as all legal rules and regulations.
2. Payment
The price for the service provided in the contractual agreement is to be paid in advance.
2.1 After the contractual agreement has been signed, a deposit of 25 % of the full price is to be made, or a minimum deposit of 100,00 EURO.
2.2 The remaining balance is to be paid 3 weeks (21 days) prior to travel.
2.3 Short notice bookings, bookings made within 3 weeks (21 days) prior to the travel date, must be paid in full immediately after conclusion of the contractual agreement.
2.4 Should the deposits and / or payments not be made in accordance with the agreed deadline, then Gebert EventBus GmbH is entitled to charge overdue fees or even withdraw from the contractual agreement.
Any costs or expenses incurred to that point will be charged to the booking customer.
3. Service and Price changes
3.1 Changes and deviations of individual services form the agreed content of the contractual agreement which are necessary after the conclusion of the contract, are only permitted if the changes or deviations are not significant and do not affect the overall service booked.
3.2 Gebert EventBus GmbH is entitled to price increases of up to 5 % of the agreed price of the trip, four months after conclusion of the contract and up to 3 weeks before the travel date, if it is verifiable and only if after the conclusion of the contract an increase in transport costs, such as port or airport taxes or fees or a change in the exchange rates are applicable to the voyage in question. Price increases based on the aforementioned circumstances are only permissable to the extent that the increase in the price of transport, duties and exchange rates specifically affects the price of the services.
3.3 The booking customer is to be informed in writing immediately of any service or price changes. In this case, the customer may choose to withdraw from the contractual agreement. The customer is then obliged to forward his decision immdiately in writing to Gebert EventBus GmbH.
3.4 If the contractual agreement is threatend or significantly impaired by unforeseeable circumstances such as, natural disasters, war, strikes or similar, both contractual parties are entitled to terminate the contract. The legal consequences and effects can be found in § 638 para. 3 BGB (German Civil Code).
4. Cancellation
4.1 The booking customer may withdraw from the contractual agreementat any time prior to commencement of the service. If a cancellation occurs the customers is obliged to immediately inform Gebert EventBus GmbH in writing.
4.2 If the customer cancels before the start of the journey, Gebert EventBus GmbH loses the right to the full travel price. If the cancellation is not made by Gebert EventBus GmbH or if a case of unforeseeable circumstances occurs, the travel price is charged with a generalized compensation for the services rendered up to the cancellation and their expenses.
The compensations are calculated from the date of the cancellation as follows:
- From the contractual conclusion date to 25 weekdays before departure day
⇒ 15 % of the total price. - 24 to 15 weekdays prior to departure day
⇒ 50 % of the total price. - 14 to 6 weekdays prior to departure day
⇒ 75 % of the total price. - 5 to 2 weekdays prior to departure day
⇒ 90 % of the total price. - Cancellation on departure day
⇒ 100 % of the total price.
4.3 It is up to the customer to verify to Gebert EventBus GmbH that no damage or only minor loss has occurred then according to the compensation rates.
4.4 The statutory right of the customer to organise a substitute participant, in accordance with § 651 b BGB (German Civil Code), remains unaffected by the above provisions.
5. Rebookings or booking changes
5.1 Changes to the booking after the contractual agreement has been finalised are not possible. Should a change in booking be necessary and is presentable for Gebert EventBus GmbH, then a re-booking fee of 25,00 € per requested change may apply.
5.2 Rebooking requests that are of significant expenses for Gebert EventBus GmbH, may cause for a re-negotiation. This does not apply to minor requests.
6. Contractual liability and accountability limitation
The customer is obliged to take all necessary steps in order to minimize any damage.
6.1 All damages, as long as they were neither intentional nor due to gross negligance or if the Gebert EventBus GmbH is solely responsible on the basis of a fault of a service provider / partner, are covered by the contractual liability of twice the travel price. Physical damages are not included in this liability.
6.2 Gebert EventBus appoints to the restriction of liability or liability exclusion with the context of the internationally made agreements.
6.3 Gebert EventBus GmbH is not liable for service impairments or defiencies that occur to external services as listed in the service description. This particularly goes for add-on / extra programs that occur during the course of the event or trip.
6.4 All tort damage claims against the Gebert EventBus GmbH, that are non-intentional and not due to gross negligance, have a liability limitation for material damages, per customer and per overall service, of 4.090,00 €. Should double the travel price add up to exceed the given sum, then the material damage liability is limited to twice the travel price.
6.5 Compensation in case of damages to wheelchairs, mobility aids or any other auxiliary equipment, always equals to the replacement value or the repair costs of the lost or damaged equipment. In relation to this, the customer is advised, for his own interest, to take out a travel accident or travel luggage insurance.
6.6 Gebert EventBus GmbH does not accept compensation claims for travel interference that occured as a result of unforeseen circumstances, such as: war, natural disasters, traffic complications, strikes etc.
7. Exclusion of claims and limitation
7.1 Claims for inadequate services according to §§ 651 c to 651 f BGB (German Civil Code), have to be made within one month of the antisapated end of the contractual agreement, in writing to Gebert EventBus GmbH and to be effective, sent within the deadline to:
Gebert EventBus GmbH
Langenkoppel 22
22949 Ammersbek, Germany
After the expiration of the deadline, claims can only be made if the customer was unable to comply with the deadline without actual fault.
7.2 An assignment of claims from the contractual agreement to a third party is not permitted.
8. Guarantee and remedy
8.1 If the services are not in accordance with the contract, the customer my request remedies, provided that the Gebert EventBus GmbH has been directly informed of the defects and has been requested to rectify them. The remedy is to remove or repair the service fault or defect in accordance with § 638 para.3 BGB (German Civil Code) or supply equivalent substitute service. If the customer culpably fails to report the defect according to § 651 d para. 2 BGB (German Civil Code), he shall not be entitled to any reduction in the price or compensation.
8.2 The necessary communication data such as phone, emergancy phone and fax numbers of Gebert EventBus GmbH can be found in the travel documents. Travel agencies, tour guides, other agencies or employees from services providers or partners are not authorized by Gebert EventBus GmbH to confirm deficiencies or to recognize any claims from the customer.
8.3 If the service is significantly impaired due to defect or fault and the reasonable deadline for rectificatin of the faults or defects has been granted by the customer and goes without remedy, the customer may be entitled to take remedial measures of his own and later demand to be reimbursed of the necessary expenses. The deadline is not necessary if the Gebert EventBus GmbH refuses remedy, the remedy is impossible or is not requested within a reasonable period.
9. General terms of contract / Travel information
9.1 The agreed contractual service includes, in patricular:
a) No tunnel fees, no street fees, no tolls or parking fees and, if applicable, no overnight accomodation costs for the passengers, in particular children, young people and persons in need of assistance.
b) No supervision of passengers, in particular children, young people or people in need of assistance.
c) No supervision of objects or valuables left by the customer or passengers in the vehicle compartment.
9.2 Passengers baggage is limited to 1 travel bag and 1 hand luggage item per passenger. The possibility of taking special luggage requires an early confirmation with Gebert EventBus GmbH. Musical instruments, bicycles, surfboards, tents, orthopedic appliances are not seen as "special luggage" and must be registered at the time of booking/ordering.
9.3 All our contract partners have the required legal regulations and provisions for passenger transports. There is no entitlement to a specific transport company or buses/coaches, unless this is explicitly stated in the contractual agreement.
10. Passports, visas and health policy formalities
10.1 Gebert EventBus GmbH draws attention to passport and visa requirements, including the deadlines for obtaining these documents as well as any health formalities/requirements which apply to the particular travel destination, for citizens of the European Union, that do not have specifics such as dual citizenship.
10.2 Should service complications arise solely due to lack of or missing ducumentation of the customer or any other passenger (i.e. insufficiant visa or lack of required vaccinations), then the booking customer cannot withdraw from the contract free of charge and cannot claim travel services without consequences.
10.3 For customers with dual citizenship, the relevant consulat/embassy will supply all needed information.
11. Jurisdiction
11.1 The customer can only take Gebert EventBus GmbH to court at its registered office.
11.2 The courts for Gebert EventBus GmbH to take legal action against the customer must be the courts asigned near the customers place of residence. Unless they are registered traders or who have moved their place of residence abroad after the conclusion of the contract or whose place of residence is unknown at the time of the complaint/legal action being taken. In these cases the asigned court will be that of the Gebert EventBus GmbH.
12. Invalidity of individual provisions
The invalidity of individual provisions does not justify the invalidity of the contractual agreement.
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This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses so-called "cookies", text files which are stored on your computer and which allow an analysis of the use of the website by you. The information about your research on this website (including your IP address) generated by the cookie is transferred to a Google server in the USA and stored there. Google will use this information to evaluate your employment of the website, to compile reports on website activity for website operators and to provide other services related to web page usage and internet usage. Google may also transfer this information to third parties, provided this is required by law or if third parties process this data on behalf of Google. Google will in no case associate your IP address with other data from Google Analytics. You can refuse the employment of cookies by changing the settings on your browser. However, we would like to point out that in this case you may not be able to fully utilize all the functions of this website. By using this website you agree to the processing of the data collected about you by Google in the manner described above and for the purpose set out above. The Analytics Disabling add-on for Google Analytics gives site visitors more control over what data is collected on Google Analytics's called sites. If you do not wish to store your data, please install the Google-provided de-activation tool at http://tools.google.com/dlpage/gaoptout?hl=en. We also use Google Analytics to evaluate data from AdWords and the double-click cookie for statistical purposes. If you do not want it, you can disable it using Ad Manager ( http://www.google.com/settings/ads/onweb/?hl=en ). For more information, visit http://tools.google.com/dlpage/gaoptout?hl=en or go to https://www.google.com/intl/en/policies/ (general information about Google Analytics and Privacy). We would like to point out that on this website Google Analytics has been extended by the code "gat._anonymizeIp ();" in order to ensure an anonymous detection of IP addresses (so-called IP masking). As an alternative to the browser add-on or within browsers on mobile devices, please click the Disable Google Analytics link to prevent Google Analytics from being tracked within this website (the Opt Out will only work in this browser and only for that domain). An opt-out cookie is stored on your device. If you delete your cookies in this browser, you have to push this link again.
