General terms and conditions
The company DB Regio Bus Ost GmbH with the brand BEX Charter is a bus company in Berlin. BEX Charter rents out buses with driver in occasional transport for any kind of event, for which the following General Terms and Conditions (GTC) apply.
General Terms and Conditions for the Rental of Coaches by DB Regio Bus Ost GmbH (BEX Charter Division)
DB Regio Bus Ost GmbH / branch office BEX Charter T&C for bus rental
Section 1 Offer and conclusion of a contract
(1) Bex Charter offers are non-binding, unless otherwise agreed in writing.
(2) Customers can place orders in writing, electronically or verbally.
(3) The contract is concluded when BEX Charter provides written or electronic confirmation of the order, unless otherwise agreed. If the details of the order confirmation are different from details of the order, the contract will be concluded based on the order confirmation if the Customer gives written or electronic acceptance within one week of receipt.
Section 1 Offer and conclusion of a contract
(1) Bex Charter offers are non-binding, unless otherwise agreed in writing.
(2) Customers can place orders in writing, electronically or verbally.
(3) The contract is concluded when BEX Charter provides written or electronic confirmation of the order, unless otherwise agreed. If the details of the order confirmation are different from details of the order, the contract will be concluded based on the order confirmation if the Customer gives written or electronic acceptance within one week of receipt.
Section 2 Service package
(1) The scope of the contractual services is determined by the details provided in the order confirmation. Section 1 (3) and Section 3 remain unaffected.
(2) Within the scope specified in the order confirmation, the service package includes the supply of one or more vehicles with the agreed features and, as a minimum, the agreed number of seats, including the driver, as well as the provision of the transport service; the terms and conditions of the contract for services do not apply.
(3) In particular, the agreed service package does not include:
a) fulfilment of the purpose of the journey,
b) supervision of passengers, particularly children, young people and individuals who require help,
c) supervision of items left behind in the vehicle’s passenger compartment by the Customer or their passengers,
d) supervision of luggage during loading and unloading,
e) information on foreign exchange, passport, visa, customs and health and safety regulations applicable to the passengers, or fulfilment of the obligations arising from these regulations.
If otherwise agreed, this may not apply.
Section 3 Changes to the service package
(1) BEX Charter is permitted to make changes to the service package that become necessary after the contract has been concluded provided that BEX Charter has not brought about the circumstances leading to the changes to the service package in bad faith and as long as the changes are minor and acceptable to the Customer. BEX Charter shall inform the Customer of any changes immediately after becoming aware of the reason for the change(s).
(2) Changes may be made to the service package by the Customer with BEX Charter’s consent, and they must be declared by the Customer in writing or electronically.
(1) The scope of the contractual services is determined by the details provided in the order confirmation. Section 1 (3) and Section 3 remain unaffected.
(2) Within the scope specified in the order confirmation, the service package includes the supply of one or more vehicles with the agreed features and, as a minimum, the agreed number of seats, including the driver, as well as the provision of the transport service; the terms and conditions of the contract for services do not apply.
(3) In particular, the agreed service package does not include:
a) fulfilment of the purpose of the journey,
b) supervision of passengers, particularly children, young people and individuals who require help,
c) supervision of items left behind in the vehicle’s passenger compartment by the Customer or their passengers,
d) supervision of luggage during loading and unloading,
e) information on foreign exchange, passport, visa, customs and health and safety regulations applicable to the passengers, or fulfilment of the obligations arising from these regulations.
If otherwise agreed, this may not apply.
Section 3 Changes to the service package
(1) BEX Charter is permitted to make changes to the service package that become necessary after the contract has been concluded provided that BEX Charter has not brought about the circumstances leading to the changes to the service package in bad faith and as long as the changes are minor and acceptable to the Customer. BEX Charter shall inform the Customer of any changes immediately after becoming aware of the reason for the change(s).
(2) Changes may be made to the service package by the Customer with BEX Charter’s consent, and they must be declared by the Customer in writing or electronically.
Section 4 Prices and payments
(1) The hire charge agreed when concluding the contract applies.
(2) All extra costs that are normally associated with the agreed service package (e.g. tolls and parking charges, accommodation costs for the driver(s)) are included in the hire charge, unless otherwise agreed.
(3) Any additional costs incurred as a result of changes to the service package required by the Customer will be charged for separately.
(4) The right to charge for costs that BEX Charter incurs due to damage or uncleanliness remains unaffected.
(5) Invoices must be paid in full upon receipt.
(1) The hire charge agreed when concluding the contract applies.
(2) All extra costs that are normally associated with the agreed service package (e.g. tolls and parking charges, accommodation costs for the driver(s)) are included in the hire charge, unless otherwise agreed.
(3) Any additional costs incurred as a result of changes to the service package required by the Customer will be charged for separately.
(4) The right to charge for costs that BEX Charter incurs due to damage or uncleanliness remains unaffected.
(5) Invoices must be paid in full upon receipt.
Section 5 Price increases
BEX Charter has the right to increase the contractually agreed price by up to 10% under the following circumstances:
a) A price increase is only permitted in the event of an increase in fuel costs, labour costs or taxes and levies, if and to the extent that this increase has an effect on the agreed hire charge.
b) An increase in the hire charge is only permitted if there are more than 4 months between the conclusion of the contract and the contractually agreed start of the transport service, and the circumstances leading to the increase had not yet arisen before concluding the contract and were not foreseeable for BEX Charter when concluding the contract.
c) After becoming aware of the reason for the increase, BEX Charter shall immediately inform the Customer, apply the increase and provide proof of the reason for the increase.
d) In the event that a permissible increase is greater than 3% of the agreed basic hire charge, the Customer may withdraw from the contract with no payment obligations towards BEX Charter. Notice of withdrawal must not be made in any particular form, but must be given to BEX Charter immediately upon receipt of notice of the increase.
BEX Charter has the right to increase the contractually agreed price by up to 10% under the following circumstances:
a) A price increase is only permitted in the event of an increase in fuel costs, labour costs or taxes and levies, if and to the extent that this increase has an effect on the agreed hire charge.
b) An increase in the hire charge is only permitted if there are more than 4 months between the conclusion of the contract and the contractually agreed start of the transport service, and the circumstances leading to the increase had not yet arisen before concluding the contract and were not foreseeable for BEX Charter when concluding the contract.
c) After becoming aware of the reason for the increase, BEX Charter shall immediately inform the Customer, apply the increase and provide proof of the reason for the increase.
d) In the event that a permissible increase is greater than 3% of the agreed basic hire charge, the Customer may withdraw from the contract with no payment obligations towards BEX Charter. Notice of withdrawal must not be made in any particular form, but must be given to BEX Charter immediately upon receipt of notice of the increase.
Section 6 Withdrawal and termination by the Customer
(1) Withdrawal before the journey starts
The Customer can withdraw from the contract before the journey starts. If the Customer exercises this option, BEX Charter will, instead of having a claim to the agreed hire charge, be entitled to a reasonable amount of damages, unless the withdrawal is due to circumstances that BEX Charter is responsible for. The amount of such damages is determined on the basis of the agreed hire charge, less the expenses saved by BEX Charter and any income attained through other use of the vehicle.
BEX Charter is entitled to damages at the following fixed rates:
In the event of withdrawal
a) up to 30 days before the scheduled start of the journey: 10%
b) 29 to 22 days before the scheduled start of the journey: 30%
b) 21 to 15 days before the scheduled start of the journey: 40%
b) 14 to 7 days before the scheduled start of the journey: 50%
b) 6 days or less before the scheduled start of the journey: 60%
b) 24 hours or less before the scheduled start of the journey: 100%
(1) Withdrawal before the journey starts
The Customer can withdraw from the contract before the journey starts. If the Customer exercises this option, BEX Charter will, instead of having a claim to the agreed hire charge, be entitled to a reasonable amount of damages, unless the withdrawal is due to circumstances that BEX Charter is responsible for. The amount of such damages is determined on the basis of the agreed hire charge, less the expenses saved by BEX Charter and any income attained through other use of the vehicle.
BEX Charter is entitled to damages at the following fixed rates:
In the event of withdrawal
a) up to 30 days before the scheduled start of the journey: 10%
b) 29 to 22 days before the scheduled start of the journey: 30%
b) 21 to 15 days before the scheduled start of the journey: 40%
b) 14 to 7 days before the scheduled start of the journey: 50%
b) 6 days or less before the scheduled start of the journey: 60%
b) 24 hours or less before the scheduled start of the journey: 100%
of the agreed hire charge, if and when the Customer cannot prove that BEX Charter did not incur any damage or that the damage incurred was significantly less than the fixed rates.
The right to claim damages does not apply if the reason for withdrawal can be traced back to changes to the service package made by BEX Charter that are substantial and unacceptable to the Customer. Other claims by the Customer remain unaffected.
The right to claim damages does not apply if the reason for withdrawal can be traced back to changes to the service package made by BEX Charter that are substantial and unacceptable to the Customer. Other claims by the Customer remain unaffected.
(2) Termination after the journey starts
a) If changes to the agreed services that are substantial and unacceptable to the Customer become necessary after starting the journey, the Customer has the right to terminate the contract, without prejudice to any other claims. In such cases, BEX Charter is obliged to provide return transport for the Customer and their passengers at the Customer’s request; the right to return transport covers the mode of transport agreed in the contract only. If any extra costs are incurred in relation to such return transport in the event of termination on the grounds of force majeure, the Customer is liable for these costs.
b) Any further claims by the Customer are then precluded if the changes to the service package that become necessary are due to circumstances that BEX Charter is not responsible for.
c) If the Customer terminates the contract, BEX Charter is entitled to reasonable remuneration for the services it has already rendered and the services still to be rendered in accordance with the contract, if the latter are still of interest to the Customer in spite of said termination.
a) If changes to the agreed services that are substantial and unacceptable to the Customer become necessary after starting the journey, the Customer has the right to terminate the contract, without prejudice to any other claims. In such cases, BEX Charter is obliged to provide return transport for the Customer and their passengers at the Customer’s request; the right to return transport covers the mode of transport agreed in the contract only. If any extra costs are incurred in relation to such return transport in the event of termination on the grounds of force majeure, the Customer is liable for these costs.
b) Any further claims by the Customer are then precluded if the changes to the service package that become necessary are due to circumstances that BEX Charter is not responsible for.
c) If the Customer terminates the contract, BEX Charter is entitled to reasonable remuneration for the services it has already rendered and the services still to be rendered in accordance with the contract, if the latter are still of interest to the Customer in spite of said termination.
Section 7 Withdrawal and termination by BEX Charter
(1) Withdrawal before the journey starts
BEX Charter can withdraw from the contract before the journey starts if exceptional circumstances that BEX Charter is not responsible for render the provision of services impossible. In this case, the Customer can only claim reimbursement for the necessary expenses incurred in direct connection with the order of the vehicle.
(2) Termination after the journey starts
a) BEX Charter can terminate the contract after the journey starts if the provision of the service is jeopardised or compromised as a result of force majeure or major difficulties, risks or restrictions resulting from unforeseeable events such as war or war-like events, hostility, rioting or civil war, imprisonment, confiscation or restraint by government bodies or other entities, roadblocks, quarantine measures and strikes, lockouts or walkouts that it is not responsible for or that are exacerbated, jeopardised or compromised significantly by the Customer or a passenger. In the event of termination as a result of force majeure or a major difficulty, risk or restriction, BEX Charter is obliged to provide return transport for the Customer and their passengers at the Customer’s request; the right to return transport covers the mode of transport agreed in the contract only. The obligation to provide return transport does not apply if and when BEX Charter cannot be reasonably expected to provide return transport for individuals due to circumstances that they are responsible for. If any extra costs are incurred in relation to such return transport in the event of termination on the grounds of force majeure, the Customer is liable for these costs.
b) If BEX Charter terminates the contract, it is entitled to reasonable remuneration for the services it has already rendered and the services still to be rendered in accordance with the contract, if the latter are still of interest to the Customer in spite of said termination.
(1) Withdrawal before the journey starts
BEX Charter can withdraw from the contract before the journey starts if exceptional circumstances that BEX Charter is not responsible for render the provision of services impossible. In this case, the Customer can only claim reimbursement for the necessary expenses incurred in direct connection with the order of the vehicle.
(2) Termination after the journey starts
a) BEX Charter can terminate the contract after the journey starts if the provision of the service is jeopardised or compromised as a result of force majeure or major difficulties, risks or restrictions resulting from unforeseeable events such as war or war-like events, hostility, rioting or civil war, imprisonment, confiscation or restraint by government bodies or other entities, roadblocks, quarantine measures and strikes, lockouts or walkouts that it is not responsible for or that are exacerbated, jeopardised or compromised significantly by the Customer or a passenger. In the event of termination as a result of force majeure or a major difficulty, risk or restriction, BEX Charter is obliged to provide return transport for the Customer and their passengers at the Customer’s request; the right to return transport covers the mode of transport agreed in the contract only. The obligation to provide return transport does not apply if and when BEX Charter cannot be reasonably expected to provide return transport for individuals due to circumstances that they are responsible for. If any extra costs are incurred in relation to such return transport in the event of termination on the grounds of force majeure, the Customer is liable for these costs.
b) If BEX Charter terminates the contract, it is entitled to reasonable remuneration for the services it has already rendered and the services still to be rendered in accordance with the contract, if the latter are still of interest to the Customer in spite of said termination.
Section 8 Liability
(1) BEX Charter is liable for the proper provision of the transport service with the due diligence expected in line with sound business practices.
(2) BEX Charter does not accept liability for service disruptions as a result of force majeure or major difficulties, risks or restrictions resulting from unforeseeable events such as war or war-like events, hostility, rioting or civil war, imprisonment, confiscation or restraint by government bodies or other entities, roadblocks, quarantine measures and strikes, lockouts or walkouts that BEX Charter is not responsible for.
(3) The provisions regarding return transport remain unaffected.
(1) BEX Charter is liable for the proper provision of the transport service with the due diligence expected in line with sound business practices.
(2) BEX Charter does not accept liability for service disruptions as a result of force majeure or major difficulties, risks or restrictions resulting from unforeseeable events such as war or war-like events, hostility, rioting or civil war, imprisonment, confiscation or restraint by government bodies or other entities, roadblocks, quarantine measures and strikes, lockouts or walkouts that BEX Charter is not responsible for.
(3) The provisions regarding return transport remain unaffected.
Section 9 Limitation of liability
(1) BEX Charter’s liability for contractual claims is limited to 10 times the hire charge (see Section 4 above) when
a) a claim in the event of loss of life, physical injury or damage to health in respect of the Customer or the passengers is not due to any intentional or negligent breach of duty by BEX Charter itself or one of BEX Charter’s legal representatives or agents,
b) a claim in the event of any other damage is not due to a grossly negligent breach of duty by BEX Charter itself or one of BEX Charter’s legal representatives or agents.
(2) Section 23 of the Passenger Transportation Act (Personenbeförderungsgesetz, PBefG) remains unaffected. Liability for damage to property is not accepted when the damage incurred by each passenger is greater than €1000.00 and is not due to intent or gross negligence.
(1) BEX Charter’s liability for contractual claims is limited to 10 times the hire charge (see Section 4 above) when
a) a claim in the event of loss of life, physical injury or damage to health in respect of the Customer or the passengers is not due to any intentional or negligent breach of duty by BEX Charter itself or one of BEX Charter’s legal representatives or agents,
b) a claim in the event of any other damage is not due to a grossly negligent breach of duty by BEX Charter itself or one of BEX Charter’s legal representatives or agents.
(2) Section 23 of the Passenger Transportation Act (Personenbeförderungsgesetz, PBefG) remains unaffected. Liability for damage to property is not accepted when the damage incurred by each passenger is greater than €1000.00 and is not due to intent or gross negligence.
Section 10 Luggage and other items
(1) The usual amount of luggage will be carried, as well as other items, subject to prior arrangement.
(2) Explosive, highly flammable, radioactive, foul-smelling and corrosive items and loose or open items that could injure passengers will not be carried.
(3) The Customer will be held liable for any kind of damage caused by items brought along by the Customer or their passengers if the damage incurred is due to circumstances that the Customer or their passengers are responsible for.
(1) The usual amount of luggage will be carried, as well as other items, subject to prior arrangement.
(2) Explosive, highly flammable, radioactive, foul-smelling and corrosive items and loose or open items that could injure passengers will not be carried.
(3) The Customer will be held liable for any kind of damage caused by items brought along by the Customer or their passengers if the damage incurred is due to circumstances that the Customer or their passengers are responsible for.
Section 11 Behaviour and liability of the Customer and passengers
(1) The Customer is responsible for the behaviour of their passengers throughout the journey. Instructions given by the on-board personnel must be followed. The Customer is also responsible for damage to the vehicle or other property belonging to BEX Charter that is caused by their passengers if a breach of the Customer’s own contractual or statutory obligations was the cause or part of the cause of the damage and the Customer cannot prove that neither they nor their passengers are responsible for the damage. Further claims remain unaffected.
(2) In accordance with Section 21 of the Road Traffic Act (Straßenverkehrsordnung, StVO), the mandatory seatbelts must be worn throughout the journey. Individuals may only leave their seats briefly. Every passenger is obliged to retain a firm hold within the vehicle at all times, particularly when briefly leaving their seat.
(3) Passengers who refuse to follow instructions given by on-board personnel despite receiving a warning may be ordered to leave the mode of transport if failure to follow instructions poses a risk to the safety or order of the service or for the other passengers or if BEX Charter cannot be reasonably expected to continue providing transport for any other reasons. In such cases, the Customer’s right to return transport or rights of recourse from BEX Charter do not apply.
(4) Complaints must first be made to the on-board personnel and, if they cannot resolve the matter with a reasonable amount of effort, to BEX Charter.
(5) When resolving service disruptions, the Customer is obliged to help avoid or minimise any damage, as far as it can reasonably be expected to do so.
(1) The Customer is responsible for the behaviour of their passengers throughout the journey. Instructions given by the on-board personnel must be followed. The Customer is also responsible for damage to the vehicle or other property belonging to BEX Charter that is caused by their passengers if a breach of the Customer’s own contractual or statutory obligations was the cause or part of the cause of the damage and the Customer cannot prove that neither they nor their passengers are responsible for the damage. Further claims remain unaffected.
(2) In accordance with Section 21 of the Road Traffic Act (Straßenverkehrsordnung, StVO), the mandatory seatbelts must be worn throughout the journey. Individuals may only leave their seats briefly. Every passenger is obliged to retain a firm hold within the vehicle at all times, particularly when briefly leaving their seat.
(3) Passengers who refuse to follow instructions given by on-board personnel despite receiving a warning may be ordered to leave the mode of transport if failure to follow instructions poses a risk to the safety or order of the service or for the other passengers or if BEX Charter cannot be reasonably expected to continue providing transport for any other reasons. In such cases, the Customer’s right to return transport or rights of recourse from BEX Charter do not apply.
(4) Complaints must first be made to the on-board personnel and, if they cannot resolve the matter with a reasonable amount of effort, to BEX Charter.
(5) When resolving service disruptions, the Customer is obliged to help avoid or minimise any damage, as far as it can reasonably be expected to do so.
Section 12 Place of jurisdiction and place of performance
(1) Place of performance
The exclusive place of performance in relation to businesspeople, legal entities under public law or special funds under public law is Berlin.
(2) Place of jurisdiction
a) If the Customer is a businessperson, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.
b) If the Customer does not have a domestic general place of jurisdiction or if, after concluding the contract, they relocate their place of residence or habitual residence abroad or their place of residence or habitual residence at the time of making a claim is unknown, the place of jurisdiction is also Berlin.
(3) The law of the Federal Republic of Germany applies for the handling of the contractual relationship.
Section 13 Invalidity of particular terms
The invalidity of particular terms of the contract, including these General Terms and Conditions of Business for rental buses, does not render the entire contract invalid.
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These terms and conditions of travel are protected by copyright; Bundesverband Deutscher Omnibusunternehmer e. V. and Dr Holger Zuck, Stuttgart, 2010.
[As of 01/2023]
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DB Regio Bus Ost GmbH
Mannheimer Straße 33/34
D - 10713 Berlin
(1) Place of performance
The exclusive place of performance in relation to businesspeople, legal entities under public law or special funds under public law is Berlin.
(2) Place of jurisdiction
a) If the Customer is a businessperson, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.
b) If the Customer does not have a domestic general place of jurisdiction or if, after concluding the contract, they relocate their place of residence or habitual residence abroad or their place of residence or habitual residence at the time of making a claim is unknown, the place of jurisdiction is also Berlin.
(3) The law of the Federal Republic of Germany applies for the handling of the contractual relationship.
Section 13 Invalidity of particular terms
The invalidity of particular terms of the contract, including these General Terms and Conditions of Business for rental buses, does not render the entire contract invalid.
_____________________________________
These terms and conditions of travel are protected by copyright; Bundesverband Deutscher Omnibusunternehmer e. V. and Dr Holger Zuck, Stuttgart, 2010.
[As of 01/2023]
_____________________________________
DB Regio Bus Ost GmbH
Mannheimer Straße 33/34
D - 10713 Berlin
Managing Directors:
Frank Nostitz
Florian Szameit
HRB 251124 B
Frank Nostitz
Florian Szameit
HRB 251124 B
+49 (30) 86 0 96-0
