GENERAL TERMS AND CONDITIONS BLACK-LINER GmbH
§ 1 OFFER AND CONCLUSION OF CONTRACT
BLACK-LINER'S OFFERS ARE NON-BINDING.
THE CUSTOMER MAY PLACE HIS ORDER VERBALLY OR IN WRITING. THE CONTRACT IS CONCLUDED WITH THE WRITTEN ORDER CONFIRMATION BY BLACK-LINER.
§ 2 SCOPE OF SERVICES
THE DETAILS IN THE WRITTEN CONFIRMATION ARE DECISIVE FOR THE SCOPE OF THE CONTRACTUAL SERVICES.
THE SERVICES INCLUDE THE PROVISION OF A VEHICLE OF THE AGREED TYPE WITH DRIVER AND THE EXECUTION OF THE TRANSPORT WITHIN THE FRAMEWORK SPECIFIED IN THE WRITTEN CONFIRMATION.
THE AGREED SERVICE DOES NOT INCLUDE THE SUPERVISION OF PASSENGERS, THE SUPERVISION OF ITEMS LEFT BY THE CUSTOMER OR ONE OF HIS PASSENGERS IN THE PASSENGER COMPARTMENT OF THE VEHICLE, THE SUPERVISION OF LUGGAGE, IN PARTICULAR DURING LOADING AND UNLOADING. IF THE CUSTOMER HAS TAKEN OVER THE LOADING AND UNLOADING OF THE LUGGAGE, § 6 APPLIES TO LIABILITY.
§ 3 PRICE AND PAYMENT
THE PRICE AGREED UPON CONCLUSION OF THE CONTRACT AND THE PAYMENT PLAN NEGOTIATED ON THIS BASIS SHALL APPLY.
§ 4 CANCELLATION AND WITHDRAWAL BY THE CUSTOMER
THE CUSTOMER MAY WITHDRAW FROM THE CONTRACT AT ANY TIME BEFORE THE START OF THE SERVICE. THE CANCELLATION MUST BE DECLARED IN WRITING OR IN ELECTRONIC TEXT FORM. THE BLACK-LINER COMPANY MUST TAKE INTO ACCOUNT THE INCOME FROM OTHER USE OF THE VEHICLE AS WELL AS THE EXPENSES SAVED. IN THE EVENT OF CANCELLATION, THE CUSTOMER MUST 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 AMOUNT OR THE FULL AMOUNT MUST BE PAID 14 DAYS BEFORE THE START OF THE JOURNEY.
OTHERWISE WE RESERVE THE RIGHT NOT TO PROVIDE A VEHICLE.
THE PAYMENT IS CORRESPONDINGLY HIGHER OR LOWER IF BLACK-LINER CAN PROVE A HIGHER DAMAGE OR THE CUSTOMER CAN PROVE A LOWER DAMAGE.
§ 6 LIABILITY OF THE RESPONSIBLE PERSON
BLACK-LINER'S LIABILITY FOR DAMAGE TO PROPERTY INSURED FOR EACH PERSON TRANSPORTED IS LIMITED TO 1,000 EUROS ABOVE THE VALUE OF THE DAMAGE AND NOT TO INTENT OR GROSS NEGLIGENCE.
THE LIABILITY OF BLACK-LINER FOR THE OBLIGATION UNDER THE CONTRACT OF CARRIAGE IS LIMITED BY LAW TO THREE TIMES THE CARRIAGE PRICE, NOT BASED ON WILFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS DOES NOT AFFECT BLACK-LINER'S WARRANTY FOR LOSS OF LIFE, INJURY OR DAMAGE TO HEALTH.
BLACK-LINER IS ONLY LIABLE FOR TYPICAL, FORESEEABLE DAMAGES IF THESE WERE SIMPLY CAUSED BY DRIVING, UNLESS IT IS A MATTER OF SELF-PROTECTION OR COMPENSATION FOR DAMAGES. ESSENTIAL ELEMENTS OF THE CONTRACT ARE RIGHTS WHOSE FULFILMENT IS NECESSARY TO ACHIEVE THE OBJECTIVE OF THE CONTRACT AMENDMENT.
A FURTHER RIGHT OF BLACK-LINER IS SEPARATED, REFERENCE IS MADE TO § 2.
BLACK-LINER IS NOT LIABLE IF AN EVENT IS CANCELLED.
§ 7 LIABILITY OF THE CUSTOMER
THE CUSTOMER IS RESPONSIBLE FOR THE BEHAVIOUR OF HIS PASSENGERS DURING THE JOURNEY. THE CUSTOMER IS LIABLE HIMSELF, IF APPLICABLE TOGETHER WITH HIS PASSENGERS, FOR DAMAGE TO PROPERTY OR ASSETS OF THE PROVIDER, IN PARTICULAR FOR DAMAGE TO THE VEHICLE, INSOFAR AS HE IS RESPONSIBLE FOR THIS.
§ 8 CONDITIONS OF CARRIAGE
PERSONS WHO POSE A DANGER TO THE SAFETY OR ORDER OF THE COMPANY OR TO THE PASSENGERS ARE EXCLUDED FROM CARRIAGE. IF THESE CONDITIONS ARE MET
PERSONS WHO SHOW A PROPENSITY FOR VIOLENCE OR USE VIOLENCE WILL BE EXCLUDED.
THE OPERATING PERSONNEL SHALL DECIDE ON THE EXCLUSION OF PERSONS. OPERATING PERSONNEL WITHIN THE MEANING OF THESE CONDITIONS OF CARRIAGE ARE ALL PERSONS WHO ARE AUTHORISED BY THE TRANSPORT COMPANY TO CARRY OUT ITS TASKS, IN PARTICULAR THE BUS DRIVERS. THE OPERATING PERSONNEL EXERCISE DOMICILIARY RIGHTS FOR THE TRANSPORT COMPANY AND MAY DECIDE TO REFUSE TRANSPORT TO PERSONS WHO DO NOT COMPLY WITH THE CONDITIONS OF CARRIAGE. THE CUSTOMER AND PASSENGERS MUST COMPLY WITH THE INSTRUCTIONS OF THE DRIVER AND OTHER OPERATING PERSONNEL, IN PARTICULAR IF THE INSTRUCTIONS RELATE TO COMPLIANCE WITH SAFETY REGULATIONS, ENTRY REQUIREMENTS OR IF THESE ARE NECESSARY IN ORDER TO COMPLY WITH A REQUEST BY THE OPERATING PERSONNEL TO CLEAR NOT ONLY THE MEANS OF TRANSPORT BUT ALSO THE OPERATING FACILITIES. THE LAWFUL EXCLUSION FROM THE JOURNEY OR THE LAWFUL EXPULSION OF A PERSON FROM THE MEANS OF TRANSPORT OR FROM THE OPERATING FACILITY SHALL NOT GIVE RISE TO ANY CLAIM FOR COMPENSATION.
THE USE OF SEAT BELTS WHILE TRAVELLING IS MANDATORY. IT IS NOT PERMITTED TO OPERATE THE DOORS WHILE DRIVING.
SMOKING AS WELL AS THE CONSUMPTION AND TRANSPORT OF DRUGS AND OTHER INTOXICANTS IN THE VEHICLE IS PROHIBITED.
IT IS FORBIDDEN TO STEAL TOOLS, CROCKERY AND OTHER ACCESSORIES NECESSARY FOR THE OPERATION OF THE VEHICLE.
IT IS ALSO FORBIDDEN TO TRANSPORT HIGHLY FLAMMABLE, TOXIC AND OTHER DANGEROUS SUBSTANCES IN THE VEHICLE.
ANY 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 PASSENGER LIST. OTHER PERSONS OR GUESTS ARE EXCLUDED FROM CARRIAGE AND MAY BE EXPELLED FROM THE VEHICLE.E TO ENABLE AND GUARANTEE A PROPER JOURNEY.
§ 9 DRIVER / DOUBLE DRIVER
NUMBER OF BEDS REQUIRED:
MAIN DRIVERS HAVE THEIR OWN SLEEPING CABINS IN THE BUS.
DOUBLE RIDERS MUST BE ACCOMMODATED IN THE AVAILABLE BEDS, WHICH ARE LABELLED.
THIS MUST 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.
EACH DRIVER AND DOUBLE DRIVER IS ENTITLED TO 3 HOT MEALS PER DAY. IF THIS IS NOT GUARANTEED, THE CLIENT IS OBLIGED TO PAY A FLAT-RATE CATERING FEE OF € 35.00 PER DRIVER AND DAY DIRECTLY TO THE DRIVER AGAINST RECEIPT IN CASH. OUR DRIVERS HAVE A RIGHT TO PHYSICAL HYGIENE, I.E. THEY MUST BE ABLE TO SHOWER DAILY, EVEN ON NON-PRODUCTION DAYS.
IF IT IS NOT POSSIBLE FOR THE DOUBLE DRIVER TO STAY OVERNIGHT IN THE VEHICLE, THE CUSTOMER MUST BEAR THE COSTS FOR A HOTEL ROOM. THIS CAN BE PAID IN CASH OR WITH A VOUCHER AT THE ACCOMMODATION FOR THE DURATION OF THE ASSIGNMENT.
AFTER 6 DAYS OUR DRIVERS MUST TAKE THEIR WEEKLY REST PERIOD OF 45 HOURS, THIS IS NOT NEGOTIABLE.
IF THE DRIVER CANNOT TAKE THIS BREAK, ADDITIONAL REST PERIODS ARE REQUIRED, WHICH MEANS THAT THE DRIVER MUST THEN TAKE A 66-HOUR BREAK. IT IS THEREFORE VERY IMPORTANT THAT THE REST AND DRIVING TIMES ARE OBSERVED.
§ 10. COMPLETENESS OF THE PERSONS
THE CUSTOMER AND HIS PASSENGERS MUST ENQUIRE ABOUT AND CHECK THE COMPLETENESS OF THE PASSENGERS ON DEPARTURE OF THE VEHICLE. IF ONE OR MORE PERSONS WHO ARE NOT ON BOARD ARE LOST, THEY ARE RESPONSIBLE FOR TRANSPORTING THEM BACK TO THE VEHICLE. THE CUSTOMER/ORGANISER BEARS THE COSTS FOR THIS.
§11 ROUTE
THE PLANNING OF THE ROUTE AND ITS EXECUTION ARE AT THE DISCRETION OF THE DRIVER. PLEASE REFRAIN FROM COMPARING GOOGLE MAPS, WHICH ARE NOT VERY INFORMATIVE. WE CANNOT ACCEPT ANY LIABILITY FOR WAITING TIMES AT THE BORDERS OR FOR OTHER DELAYS.
§12 STAND OPERATION OF THE BUSES AT THE FESTIVAL CLUB HALL VENUES
ALL BUSES ARE FULLY AIR-CONDITIONED AND HAVE A PERMANENTLY INSTALLED AIR-CONDITIONING SYSTEM, WHICH CAN ONLY BE OPERATED AT THE VENUE WITH A THREE-PHASE 32 AMPERE POWER CONNECTION.
OUR VEHICLES REQUIRE 32A ELECTRICITY AT THE EVENT LOCATION TO KEEP THE BUS RUNNING. WITHOUT ELECTRICITY, THE AIR CONDITIONING SYSTEM CANNOT BE USED IN SUMMER.
THE POWER SUPPLY IN THE BUS IS 240/220 VOLTS AND IS AVAILABLE DURING THE JOURNEY AND IN THE FIXED NETWORK.
PARKING AREAS MUST PROVIDE SUFFICIENT SPACE FOR THE VEHICLE/TRAILER. THIS SHOULD NOT BE OBSTRUCTED BY OBSTACLES OR OTHER ROAD USERS. IF THE PARKING AREA IS NOT SUITABLE FOR THE DRIVERS, THEY MAY REFUSE TO DRIVE OR PARK IN THESE AREAS.
§ 13 GERICHTSSTAND
GERICHTSSTAND FÜR ALLE STREITIGKEITEN AUS VERTRAGSVERHÄLTNISSEN ZWISCHEN DEM KUNDEN UND DEM ANBIETER IST NEU-ULM, SOFERN DER KUNDE KAUFMANN, EINE JURISTISCHE PERSON DES ÖFFENTLICHEN RECHTS ODER EIN ÖFFENTLICH-RECHTLICHES SONDERVERMÖGEN IST.
§ 14 ANWENDBARES RECHT
AUF DAS VERTRAGSVERHÄLTNIS ZWISCHEN DEM KUNDEN UND DEM ANBIETER FINDET AUSSCHLIESSLICH DEUTSCHES RECHT ANWENDUNG.
BLACK-LINER GmbH
Bürgermeister-Seißler-Straße 12 a | D-89278 Nersingen Germany | phone: +49.(0)7389 9243887
info@black-liner.net | marcelo@black-liner.net | sylvia@black-liner.net
2024