General Conditions of Carriage in accordance with the Passenger Transport Act of Autokraft GmbH
Ordinance on the General Conditions of Carriage for Tram and Trolleybus Services and Regular Services with Motor Vehicles of 27 February 1970 (BGBI I p 230) amended by the Ordinance on the Amendment of Passenger Transport Regulations of 13 May 1981 (BGBI I p 428), last amended by the Ordinance of 30 June 1989 (BGBI I p 1273).
Pursuant to Section 58 (1) No. 3 of the Passenger Transport Act of 21 May 1961 (Federal Law Gazette I p. 241), last amended by the Second Act Amending the Passenger Transport Act of 8 May 1969 (Federal Law Gazette I p. 348), the following is hereby enacted with the consent of the Federal Council:
§ 1 Scope of application
(1) The General Conditions of Carriage apply to carriage on tram and trolleybus services as well as scheduled services with motor vehicles. The competent authorising authority may approve applications and deviations from the provisions of this Ordinance (Special Conditions of Carriage), taking into account special circumstances.
§ 2 Entitlement to carriage Entitlement to carriage exists insofar as a carriage obligation exists in accordance with the provisions of the Passenger Transport Act and the legal regulations issued on the basis of this Act. Objects shall only be carried in accordance with §§ 11 and 12.
§ 3 Persons excluded from carriage
(1) Persons who represent a danger to the safety or order of the operation or to the passengers are excluded from carriage. Insofar as these conditions are met, the following are excluded in particular: 1. persons who are under the influence of spirits or other intoxicating substances, 2. persons with infectious diseases, 3. persons with loaded firearms, unless they are authorised to carry firearms.
(2) Children under the age of 6 who are not of compulsory school age may be excluded from carriage unless they are accompanied for the entire journey by persons who are at least 6 years of age; the provisions of paragraph 1 remain unaffected.
§ 4 Passenger behaviour
(1) When using the operating facilities and vehicles, passengers must behave in such a way as is required by the safety and order of the operation, their own safety and consideration for other persons. Instructions of the operating staff must be followed.
(2) Passengers are in particular prohibited from 1. talking to the driver during the journey, 2. opening the doors without authorisation during the journey, 3. throwing objects out of the vehicles or allowing them to be thrown out, 4. jumping on or off the vehicle during the journey, 5. enter a vehicle designated as occupied, 6. obstruct the usability of operating facilities, passageways and entrances and exits with bulky objects, 7. smoke in vehicles not specially labelled for this purpose, 8. use sound reproduction devices or radio receivers.
(3) Passengers may only enter and leave the vehicles at the stops: Exceptions require the consent of the operating personnel. If specially marked entrances or exits are available, these must be used when entering or leaving the vehicles. Passengers must board and alight quickly and move up into the vehicle interior. If the imminent departure is announced or a door closes, the vehicle may no longer be entered or exited. Every passenger is obliged to ensure that they have a firm footing in the vehicle at all times.
(4) Accompanying persons are responsible for supervising children. In particular, they must ensure that children do not kneel or stand on the seats.
(5) If a passenger violates the duties incumbent upon him/her in accordance with paragraphs 1 to 4 despite a warning, he/she may be excluded from carriage.
(6) In the event of soiling of vehicles or operating facilities, cleaning costs determined by the operator will be charged; further claims remain unaffected.
(7) Complaints are - except in the cases of § 6 para. 7 and § 7 para. 3 - not to be addressed to the driver, but to the supervisory staff. If the complaints cannot be dealt with by the supervisory staff, they must be addressed to the company's administration, stating the date, time, carriage and route designation and, if possible, enclosing the ticket.
(8) Anyone who abusively activates the emergency brake or other safety devices must pay an amount of €15, without prejudice to prosecution in criminal or fine proceedings and further claims under civil law.
§ 5 Allocation of carriages and seats
(1) The operating personnel may assign passengers to specific carriages if this is necessary for operational reasons or to fulfil the obligation to carry.
(2) The operating personnel are authorised to assign seats to passengers; there is no entitlement to a seat. Seats must be made available for severely disabled persons, persons with impaired mobility, elderly or infirm persons, expectant mothers and passengers with small children.
§ 6 Transport charges, tickets
(1) The fixed transport charges must be paid for transport.
(2) If the passenger does not have a valid ticket for this journey when boarding the vehicle, he/she must buy the required ticket immediately and without being asked.
(3) If, upon boarding the vehicle, the passenger is provided with a ticket that must be validated, he/she must hand it over to the operating staff for validation immediately and without being asked; in vehicles with a validator, the passenger must convince himself/herself before validation.
(4) The passenger must keep the ticket until the end of the journey and present or hand it over to the operating staff for inspection on request.
(5) If the passenger fails to fulfil an obligation under paragraphs 2 to 4 despite being requested to do so, he or she may be excluded from carriage; the obligation to pay an increased carriage charge under § 9 remains unaffected.
(6) Wagons or parts of wagons in conductorless operation may only be used by passengers with tickets valid for this purpose.
(7) Complaints about the ticket must be made immediately. Later complaints will not be considered.
§ 7 Means of payment
(1) The fare should be counted and kept ready. The driver is not obliged to change money in excess of € 5.00 or to accept one-cent coins in excess of € 0.10 or significantly damaged notes and coins.
(2) If the driver is unable to change money in excess of €5, the passenger must be issued with a receipt for the amount retained. It is the passenger's responsibility to collect the change from the company's administration by presenting the receipt. If the passenger does not agree to this arrangement, he/she must cancel the journey.
(3) Complaints about the change or the receipt issued by the driver must be made immediately.
§ 8 Invalid tickets
(1) Tickets that are used contrary to the provisions of the Conditions of Carriage or the transport tariff are invalid and will be confiscated; this also applies to tickets that 1. are not filled out correctly and are not filled out immediately despite being requested to do so, 2. do not have a token affixed, 3. are torn, cut or damaged. are torn, cut or otherwise badly damaged, badly soiled or illegible so that they can no longer be checked, 4. have been altered without authorisation, 5. are being used by unauthorised persons, 6. are being used for journeys other than those permitted, 7. have expired due to the passage of time or for other reasons, 8. are being used without the required photograph. The fare will not be refunded.
(2) A ticket which only entitles the holder to travel in conjunction with an application or a passenger ticket provided for in the transport tariff shall be deemed invalid and may be confiscated if the application or passenger ticket is not presented on request.
§ Section 9 Increased fare
(1) A passenger is obliged to pay an increased fare if he/she 1. has not obtained a valid ticket, 2. has obtained a valid ticket but is unable to present it during an inspection, 3. has not validated the ticket or has not had it validated immediately within the meaning of Section 6 (3), 4. fails to present or hand over the ticket for inspection on request. Prosecution in criminal and fine proceedings remains unaffected. The provisions under numbers 1 and 3 shall not apply if the ticket has not been obtained or cancelled for reasons for which the passenger is not responsible.
(2) In the cases referred to in paragraph 1, the operator may charge an increased fare of €40. However, he may charge twice the fare for a one-way journey on the route travelled by the passenger, provided that this results in a higher amount than in sentence 1; in this case, the increased fare may be calculated according to the starting point of the route if the passenger cannot prove the distance travelled.
(3) The increased fare shall be reduced to € 7.00 in the case of para. 1 no. 2 if the passenger can prove to the administration of the operator within one week of the day of determination that he was the holder of a valid personal season ticket at the time of determination.
(4) The use of invalid season tickets shall not affect any further claims of the operator.
§ 10 Reimbursement of transport charges
(1) If a ticket is not used for the journey, the transport charge will be reimbursed on request on presentation of the ticket. The burden of proof for the non-use of the ticket lies with the passenger.
(2) If a ticket is only used for part of the journey, the difference between the fare paid will be refunded on request on presentation of the ticket. The burden of proof for the partial use of the ticket lies with the passenger.
(3) If a season ticket is not used or only partially used, the fare for the season ticket will be refunded, taking into account the fare for the individual journeys made, on request on presentation of the ticket. The date on which the time ticket is returned or deposited or the date of the postmark when the time ticket is sent by post is decisive for determining the date up to which individual journeys - two journeys per day - are deemed to have been made. An earlier date can only be taken into account if a certificate from a doctor, hospital or health insurance company confirming the illness, accident or death of the passenger is presented. When calculating the fare for single journeys, a reduction will only be applied if the necessary requirements are met, otherwise the fare for a single journey will be applied.
(4) Applications in accordance with paragraphs 1 to 3 must be submitted to the administration of the company immediately, at the latest within one week of the expiry of the validity of the ticket.
(5) A processing fee of €2 and any transfer fee will be deducted from the amount to be refunded. The handling fee and any transfer fee will not be deducted if the refund is requested due to circumstances for which the company is responsible.
(6) In the event of exclusion from carriage, there is no entitlement to reimbursement of the fee paid, with the exception of § 3 Para. 1 Sentence 2.
§ 11 Carriage of items
(1) There is no entitlement to carriage of items. Hand luggage and other items shall only be carried if the passenger is travelling at the same time and only if this does not endanger the safety and order of the operation and other passengers cannot be inconvenienced.
(2) Dangerous substances and other dangerous objects are excluded from carriage, in particular 1. explosive, highly flammable, radioactive, foul-smelling or corrosive substances. 2. unpackaged or unprotected objects that could injure passengers, 4. objects that protrude beyond the boundaries of the carriage.
(3) The obligation to carry small children in pushchairs is governed by the provisions of § 3 sentence 2. Where possible, the operating staff should ensure that passengers with children in pushchairs are not turned back. The decision as to whether or not to carry a child is the responsibility of the operating staff.
(4) Passengers must store and supervise any items carried in such a way that the safety and order of the service is not jeopardised and other passengers are not inconvenienced.
(5) The operating staff shall decide on a case-by-case basis whether items are to be accepted for carriage and where they are to be placed.
§ Section 12 Carriage of animals
(1) Section 11 (1), (4) and (5) shall apply to the carriage of animals.
(2) Dogs shall only be transported under the supervision of a suitable person. Dogs that could endanger fellow travellers must wear a muzzle.
(3) Guide dogs accompanying a blind person are always authorised for carriage.
(4) Other animals may only be carried in suitable containers.
(5) Animals may not be accommodated on the seats.
§ 13 Lost property : Lost property must be handed in immediately to the operating staff in accordance with § 978 BGB. Lost property will be returned to the loser by the company's lost property office against payment of a fee for storage. Immediate return to the loser by the company personnel is permissible if the loser can prove that he/she is the loser. The loser must confirm receipt of the item in writing.
§ 14 Liability The operator is liable for the death or injury of a passenger and for damage to property that the passenger is wearing or carrying in accordance with the generally applicable provisions. For damage to property, the operator is liable to each person transported only up to a maximum amount of € 1,000; the limitation of liability does not apply if the damage to property is due to intent or gross negligence.
§ Section 15 Limitation period
(1) Claims arising from the contract of carriage are subject to a limitation period of 2 years. The limitation period shall commence when the claim arises.
(2) Otherwise, the limitation period shall be governed by the general provisions.
§ 16 Exclusion of claims for compensation Deviations from timetables due to traffic obstructions, operational disruptions or interruptions as well as lack of space do not justify any claims for compensation; in this respect, no guarantee is given for the fulfilment of connections.
§ 17 Place of jurisdiction The place of jurisdiction for all disputes arising from the contract of carriage is the registered office of the company.
§ 18 Entry into force This regulation shall enter into force 6 months after its promulgation.