GENERAL TERMS AND CONDITIONS BLACK-LINER MD TOURSERVICE

 

§ 1 OFFER AND CONCLUSION OF CONTRACT

BLACK-LINER'S OFFERS ARE NON-BINDING.

THE CUSTOMER CAN PLACE HIS ORDER VERBALLY OR IN WRITING. THE CONTRACT IS CONCLUDED WITH THE WRITTEN CONFIRMATION OF THE ORDER BY BLACK-LINER.

 

§ 2 SCOPE OF SERVICES

THE INFORMATION IN THE WRITTEN CONFIRMATION IS DECISIVE FOR THE SCOPE OF THE CONTRACTUAL SERVICES.

THE SERVICES INCLUDE THE PROVISION OF A VEHICLE OF THE AGREED TYPE WITH A DRIVER AND THE IMPLEMENTATION OF THE TRANSPORT WITHIN THE FRAMEWORK SPECIFIED BY THE WRITTEN CONFIRMATION.

THE AGREED SERVICE DOES NOT INCLUDE THE SUPERVISION OF THE PASSENGERS, THE SUPERVISION OF THINGS THAT THE CUSTOMER OR ONE OF HIS PASSENGERS LEAVES BEHIND IN THE PASSENGER COMPARTMENT OF THE VEHICLE, THE SUPERVISION OF THE LUGGAGE, IN PARTICULAR DURING LOADING AND UNLOADING. INSOFAR AS THE CUSTOMER HAS AGREED TO LOAD AND UNLOAD THE LUGGAGE, SECTION 6 APPLIES TO LIABILITY.

 

§ 3 PRICE AND PAYMENT

THE PRICE AGREED WHEN THE CONTRACT WAS CONCLUDED AND THE PAYMENT PLAN NEGOTIATED ON THIS BASIS APPLY.

 

§ 4 TERMINATION AND WITHDRAWAL BY THE CUSTOMER

THE CUSTOMER CAN WITHDRAW FROM THE CONTRACT AT ANY TIME BEFORE THE START OF THE SERVICE. THE WITHDRAWAL MUST BE DECLARED IN WRITING OR IN ELECTRONIC TEXT FORM. THE BLACK-LINER COMPANY MUST OFFSET INCOME FROM USING THE VEHICLE FOR OTHER PURPOSES AS WELL AS SAVED EXPENSES. IN THE EVENT OF WITHDRAWAL, THE CUSTOMER HAS TO PAY THE FOLLOWING FLAT RATES:

 

CANCELLATION UP TO 30 DAYS BEFORE DEPARTURE: 10%

CANCELLATION UP TO 20 DAYS BEFORE DEPARTURE: 25%

CANCELLATION FROM THE 10TH DAY BEFORE DEPARTURE: 50%

 

 

 

HALF OF THE PAYMENT OR FULL PAYMENT MUST BE PAID 14 DAYS BEFORE THE START OF THE TOUR.

 

OTHERWISE WE RESERVE THE RIGHT NOT TO PROVIDE A VEHICLE.

 

 

THE PAYMENT IS CORRESPONDINGLY HIGHER OR LOWER IF BLACK-LINER CAN PROVE HIGHER DAMAGE OR THE CUSTOMER CAN PROVE LOWER DAMAGE.

 

§ 5 TERMINATION AND WITHDRAWAL

THE COMPANY BLACK-LINER AND THE CUSTOMER CAN WITHDRAW FROM THE CONTRACT OR THE CONTRACT CAN BE TERMINATED IF YOU HAVE A REASON FOR WHICH YOU DO NOT HAVE AND WHICH MAKES THE CONTINUATION OF THE TRANSPORT UNREASONABLE SUCH AS WAR, RIOTS, EPIDEMICS, RESISTING WEATHER AND ROAD EQUATIONS, BORDER CONTROLS AND ROADBLOCKS. IN THE EVENT OF A VEHICLE FAILURE THROUGH NO FAULT OF ITS OWN, DUE TO ACCIDENTS THROUGH NO FAULT OF ITS OWN, TECHNICAL DEFECTS IN THE VEHICLE DESPITE IMPAIRED MAINTENANCE, ETC., BLACK-LINER DAMAGE SHALL PROVIDE A REPLACEMENT VEHICLE. IF A NEW ONE IS AVAILABLE FROM THE SAME INCREASE OR IS NOT AVAILABLE DUE TO EXPECTED RENTABILITY, BLACK-LINER AND THE CUSTOMER ARE RELEASED FROM THEIR PERFORMANCE OBLIGATIONS. IN BOTH CASES, THE BLACK-LINER COMPANY, WHO IS RESPONSIBLE FOR THE TRANSPORT TIME OF THE AUTHORIZATION ORGANIZATION, HAS TO DETERMINE THE QUALITY OF THE PROCESSING IN AGREEMENT WITH THE CUSTOMER. FOR THE PERCEPTION OF THOSE RESPONSIBLE, THE BLACK LINERS DIE A REMUNERATION ACCORDING TO THEIR RATES. ANY ADDITIONAL COSTS ARE TO BE BORNE BY THE CUSTOMER.

 

§ 6 LIABILITY OF THE PERSON RESPONSIBLE

BLACK-LINER DEMANDS THE RIGHTS FOR PROPERTY DAMAGE, WHICH ARE INSURED FOR EVERY PERSON TRANSPORTED, AS THE DAMAGE 1,000 EUROS OVER VALUABLE AND NOT ON INTENT OR GROSS DRIVING RIGHTS.

IN THE CONTRACTING PARTY, THE RESPONSIBILITY FOR THE OBLIGATION WITHIN THE FRAMEWORK OF THE TRANSPORT CONTRACT IS THE SAME FOR THE LEGAL REASON ON THE PART OF THE BLACK-LINERS TO TRIPLE THE TRANSPORT PRICE, WHO DO NOT RECEIVE INTENTIONAL OR GROSS DRIVING RIGHTS. THIS DOES NOT AFFECT THE BLACK-LINER'S GUARANTEE FOR THE LOSS OF LIFE, LOSS OR HEALTH.

WHEN REPRESENTING THE CONTRACT, BLACK-LINER IS ONLY LIABLE FOR TYPICAL, POSSIBLE FORESEEABLE DAMAGE, IF THIS WAS SIMPLY CAUSED BY DRIVING, UNLESS IT IS TO PROTECT ITSELF, TO PROTECT ITSELF, TO REPLACE THE REPLACEMENT. ESSENTIAL CONTRACTUAL CONTRACTS ARE RIGHTS, THE FULFILLMENT OF WHICH IS NECESSARY TO ACHIEVE THE OBJECTIVE OF THE CONTRACT CHANGE.

A FURTHER RIGHT OF THE BLACK-LINER IS SEPARATED, REFERENCE IS MADE TO § 2.

BLACK-LINER IS NOT LIABLE IF AN EVENT IS CANCELED.

  

§ 7 LIABILITY OF THE CUSTOMER

THE CUSTOMER IS RESPONSIBLE FOR THE BEHAVIOR OF HIS PASSENGERS DURING THE JOURNEY. THE CUSTOMER IS LIABLE HIMSELF, IF NECESSARY WITH HIS PASSENGERS, FOR PROPERTY DAMAGE OR FINANCIAL DAMAGE TO THE PROVIDER, IN PARTICULAR DAMAGE TO THE VEHICLE, INSOFAR AS HE IS RESPONSIBLE FOR THIS.

 

§ 8 CONDITIONS OF CARRIAGE

 

PERSONS WHO POSE A RISK TO THE SAFETY OR ORDER OF THE COMPANY OR TO PASSENGERS ARE EXCLUDED FROM THE TRANSPORT. INSOFAR AS THESE REQUIREMENTS ARE MET, PERSONS WHO SHOW A WILLINGNESS TO USE VIOLENCE OR WHO EXERCISE VIOLENCE ARE EXCLUDED.

THE OPERATING STAFF DECIDES ON THE EXCLUSION OF PERSONS. OPERATING PERSONNEL WITHIN THE MEANING OF THESE CONDITIONS OF CARRIAGE ARE ALL PERSONS COMMISSIONED BY THE TRANSPORT COMPANY TO CARRY OUT ITS TASKS, IN PARTICULAR THE BUS DRIVERS. THE OPERATING STAFF EXERCISES THE HOUSE RULES FOR THE TRANSPORT COMPANY AND CAN DECIDE TO REFUSE TRANSPORT TO THOSE WHO DO NOT ADHERE TO THE TRANSPORT CONDITIONS. THE CUSTOMER AND THE PASSENGERS MUST ADHERE TO THE INSTRUCTIONS OF THE DRIVER AND OTHER OPERATING STAFF, IN PARTICULAR IF THE INSTRUCTIONS RELATE TO COMPLIANCE WITH SAFETY REGULATIONS, ENTRY REGULATIONS OR IF THESE ARE NECESSARY TO ENABLE AND ENSURE A PROPER JOURNEY.

AT THE REQUEST OF THE OPERATING STAFF, NOT ONLY THE MEANS OF TRANSPORT BUT ALSO THE OPERATING FACILITIES MUST BE VACATED. THE LAWFUL EXCLUSION FROM THE JOURNEY OR THE LAWFUL EXPULSION OF A PERSON FROM THE MEANS OF TRANSPORT OR FROM THE OPERATING FACILITY DOES NOT CONSTITUTE A CLAIM FOR COMPENSATION.

IT IS MANDATORY TO WEAR SEAT BELTS WHILE DRIVING. OPERATING THE DOORS WHILE DRIVING IS NOT PERMITTED.

SMOKING AS WELL AS THE CONSUMPTION AND TRANSPORT OF DRUGS AND OTHER INTOXICANTS IN THE VEHICLE IS PROHIBITED.

IT IS FORBIDDEN TO STEAL TOOLS, DISHES AND OTHER ACCESSORIES THAT ARE REQUIRED TO OPERATE THE VEHICLE.

 

IT IS ALSO FORBIDDEN TO TRANSPORT HIGHLY FLAMMABLE, POISONOUS AND OTHER DANGEROUS SUBSTANCES IN THE VEHICLE.

ANY OTHER USE OF THE VEHICLE AND ITS OPERATING SYSTEMS THAT GOES BEYOND THE CONTRACTUAL USE IS PROHIBITED.

WE ONLY TRANSPORT A CLOSED GROUP OF PEOPLE WHO ARE ALSO ENTERED IN OUR LIST OF PEOPLE. ADDITIONAL PEOPLE OR GUESTS ARE EXCLUDED FROM THE CARRIAGE AND CAN BE EXPELLED FROM THE VEHICLE.

 

§ 9 DRIVER / DOUBLE DRIVER

NUMBER OF BEDS REQUIRED:

MAIN DRIVERS HAVE THEIR OWN SLEEPING CABINS ON THE BUS.

DOUBLE DRIVERS MUST BE ACCOMMODATED IN THE AVAILABLE BEDS, THESE ARE MARKED.

THIS SHOULD BE TAKEN INTO ACCOUNT WHEN BOOKING WITH REGARD TO THE NUMBER OF BAND AND CREW MEMBERS.

DAILY CATERING MUST ALWAYS BE GUARANTEED FOR BOTH DRIVERS.

IF THERE IS NO POSSIBILITY FOR THE DOUBLE DRIVER TO STAY IN THE VEHICLE, THE CUSTOMER HAS TO BEAR THE COSTS FOR A HOTEL ROOM. THIS CAN BE PAID FOR IN CASH OR WITH A VOUCHER AT THE ACCOMMODATION FOR THE DURATION OF THE ASSIGNMENT.

EACH DRIVER AND DOUBLE DRIVER IS ENTITLED TO 3 HOT MEALS A DAY, IF THIS IS NOT GUARANTEED, THE CLIENT IS OBLIGED TO PAY A FLAT-RATE MEAL FEE OF € 35.00 PER DRIVER AND DAY DIRECTLY TO THE DRIVER AGAINST A RECEIPT IN CASH. OUR DRIVERS HAVE THE RIGHT TO PHYSICAL HYGIENE, SO OUR DRIVERS SHOULD BE ABLE TO SHOWER EVERY DAY, EVEN ON NON-PRODUCTION DAYS.

AFTER 6 DAYS OUR DRIVERS HAVE TO TAKE A BREAK OF 45 HOURS, THIS IS NON-NEGOTIABLE.

IF THE DRIVER CANNOT TAKE THE BREAK, ADDITIONAL REST PERIODS ARE REQUIRED, WHICH MEANS THAT THE DRIVER THEN HAS TO CATCH UP ON A 66-HOUR BREAK. IT IS THEREFORE VERY IMPORTANT TO OBSERVE REST TIMES AND DRIVING TIMES.

 

§ 10. COMPLETENESS OF PERSONS

WHEN THE VEHICLE LEAVES, THE PURCHASER AND HIS PASSENGERS MUST INQUIRE ABOUT THE COMPLETENESS OF THE PERSONS AND CHECK THEM. IF ONE OR MORE PEOPLE ARE LOST WHO ARE NOT ON BOARD, THEY ARE RESPONSIBLE FOR GETTING BACK TO THE VEHICLE. THE CUSTOMER / ORGANIZER BEARS THE COSTS FOR THIS.

 

§11 ROUTE

THE PLANNING OF THE ROUTE AND ITS IMPLEMENTATION ARE AT THE DRIVER'S DISCRETION. PLEASE REFRAIN FROM COMPARING GOOGLE MAPS THAT ARE NOT VERY MEANINGFUL. WE CANNOT ACCEPT ANY LIABILITY FOR WAITING TIMES AT THE BORDERS OR FOR OTHER DELAYS.

 

§12 STAND OPERATION OF BUSES AT FESTIVAL CLUB HALL VENUES

ALL BUSES ARE FULLY AIR-CONDITIONED AND HAVE A FIXED LINE AIR CONDITIONING SYSTEM, WHICH CANNOT BE OPERATED AT THE VENUE WITHOUT A THREE-PHASE 32-AMP POWER SUPPLY.

THE POWER SUPPLY IN THE BUS IS 240/220 VOLTS AND IS AVAILABLE DURING THE JOURNEY AND IN THE LANDLINE NETWORK.

PARKING AREAS MUST OFFER SUFFICIENT SPACE FOR THE VEHICLE / TRAILER. THIS SHOULD NOT BE HINDERED BY OBSTACLES OR OTHER ROAD USERS. IF THE PARKING AREA IS NOT APPROPRIATE FOR THE DRIVERS, THEY CAN REFUSE TO DRIVE INTO THESE AREAS.

 

§ 13 PLACE OF JURISDICTION

THE PLACE OF JURISDICTION FOR ALL DISPUTES ARISING FROM CONTRACTUAL RELATIONSHIPS BETWEEN THE CUSTOMER AND THE PROVIDER IS NEU-ULM, PROVIDED THAT THE CUSTOMER IS A BUSINESSMAN, A LEGAL ENTITY UNDER PUBLIC LAW OR A SPECIAL FUND UNDER PUBLIC LAW.

 

§ 14 APPLICABLE LAW

GERMAN LAW APPLIES EXCLUSIVELY TO THE CONTRACTUAL RELATIONSHIP BETWEEN THE CUSTOMER AND THE PROVIDER.

 

BLACK-LINER   

Bürgermeister-Seißler-Straße 12 | D-89278 Nersingen Germany | phone: +49.(0)7308 9233 988 

info@black-liner.net | marcelo@black-liner.net | sylvia@black-liner.net

 

 

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