General Terms and Conditions of Carriage for Transport by Bus (ABB Bus) of theNeue Pellwormer Dampfschiffahrts GmbH on Pellworm
§ 1 General provisions
1 The ABB-Bus of Neue Pellwormer Dampfschiffahrts GmbH, hereinafter referred to as the carrier, have the legal character of general terms and conditions and apply to scheduled, supply, special and tourist journeys carried out as part of the carriage of passengers and luggage.
2 The GTC Bus are publicised by means of a notice in the offices or by handing them out and become a full part of the contract of carriage. They apply equally to paid and free transport by bus. For carriage under the transitional bus-ferry fare (as well as for all other carriage by bus), the separately regulated General Terms and Conditions of Carriage for Carriage by Ship (ABB Ship) shall apply to passage by ship and the present ABB Bus shall apply to carriage by bus.
3. by accepting the ticket, the passenger recognises the present GTC Bus as binding.
§ 2 Contract of carriage; carriage charge
1. passengers and their luggage as well as small animals (dogs, cats, etc.) will only be transported if a contract of carriage has been concluded in advance.
2. the applicable transport tariffs are published on the carrier's website or can be obtained from the carrier's offices. When claiming discounts, proof of eligibility must be provided when purchasing the ticket. A combination of discounts is not possible. The fares do not apply to special journeys; the fare is agreed separately in each individual case.
§ 3 Tickets
1. tickets are only valid with a date and are only transferable in accordance with the General Fare Regulations for Transport by Bus (ATB-Bus). The first day of validity counts as a full day when calculating the period of validity.
2. the passenger is obliged to buy a ticket when entering a vehicle or to show the ticket to the bus driver or an employee of the carrier without being asked and during the journey on request.
3. the fare for single and day tickets will not be refunded against return of the ticket or under any other circumstances. This does not apply if the carrier is responsible for the non-use (partial use) or if there is an entitlement to compensation/refund in accordance with Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 2011. In these cases, the original ticket or, in justified cases, a copy must be presented when the claim is submitted. The non-use (partial use) and the carrier's representation in this regard or the eligibility requirements in accordance with Regulation (EU) No. 181/2011 must be substantiated.
4. if a refund of fares for unused tickets is made, a processing fee will be charged; this will be set by the carrier at its reasonable discretion in each individual case, taking into account the circumstances of the individual case.
5. in the event of returned direct debits, e.g. due to insufficient funds in the account, a processing fee will be charged, the amount of which will be determined by the carrier at its reasonable discretion.
§ 4 Increased fare
1. a passenger is obliged to pay an increased fare of € 60.00 if he/she
a) has not procured a valid ticket, b) has procured a valid ticket but is unable to present it during an inspection, c) fails to present or hand over the ticket for inspection upon request.
Prosecution in criminal or fine proceedings remains unaffected. The provision under a) shall not apply if the ticket was not obtained for reasons for which the passenger is not responsible.
§ 5 Obligations of the carrier
1. the carrier undertakes to carry out the carriage with a bus that complies with the statutory safety regulations.
2. the carrier is not obliged to carry out the journey with a specific bus.
3. deviations from timetables due to traffic obstructions, operational disruptions or interruptions and lack of space - without prejudice to the provisions of § 3 and any claims for compensation/reimbursement in accordance with Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 2011 - do not justify any claims for compensation; in this respect, no guarantee is given that connections will be kept. The carrier expressly reserves the right to make changes to the timetable, interruptions, cancellations, vehicle changes, route deviations and changes to the departure or destination stop due to unfavourable weather conditions or technical failures as well as changes or cancellations due to other circumstances for which the carrier is not responsible, such as labour disputes, epidemics and official interventions ("disruption").
The carrier's claim to full payment of the fare shall in principle continue to exist in cases of such disruptions. The carrier's entitlement to the fare shall only lapse in the event of complete cancellation of the journey. If the fare has been paid in advance, the carrier shall refund the fare to the passenger.
§ 6 Obligations of the passenger
1. the passenger is obliged to comply with all instructions of the bus driver or another person authorised by the carrier concerning safety and order in the vehicle
2. the passenger is prohibited from soiling or damaging the bus compartment or the bus equipment, misusing or damaging safety equipment or throwing objects of any kind out of the vehicle.
3. luggage must be stowed, stored and supervised by the passenger. The carrier assumes no duty of care for luggage.
4. smoking is not permitted in the vehicles.
§ 7 Carriage of luggage / carriage of animals
1. the Carrier undertakes solely to carry the Passenger and his/her usual luggage. This includes bags, briefcases, suitcases and similar containers (together "luggage"). Luggage that is heavily soiled or may injure, obstruct, inconvenience or cause damage to other passengers is excluded from carriage. In cases of doubt, the bus driver will decide. Luggage may only be left in the designated areas and not in the aisles and escape routes or on seats. The bus driver's instructions regarding the loading of luggage must be followed. In the event of non-compliance, the passenger is fully liable for any resulting damage. The statutory provisions apply.
2. weapons, flammable, corrosive, poisonous, explosive or foul-smelling objects and/or substances and those that may be a nuisance to other passengers, as well as objects and/or substances whose possession or carriage is prohibited or punishable by law, are excluded from carriage. Passengers must notify the Carrier prior to departure if they wish to transport objects or substances that could objectively be suspected of being affected by the exclusion under sentence 1. Passengers carrying such objects or substances must immediately allow the carrier to inspect them. This already applies in the event of reasonable suspicion. If passengers cannot immediately prove that the substance or object is harmless, they may be excluded from carriage. If such substances or objects are only discovered during transport, the bus driver may take possession of them, store them and remove them from the vehicle at the next stop at the passenger's expense.
3. the carrier may refuse to transport animals for reasons of possible danger to the safety of persons or the vehicle. Otherwise, animals will be transported for the applicable fare, provided that other passengers are not inconvenienced by the animal and that the animal owner fulfils his/her duty of supervision. Any damage and costs caused by soiling or damage to the vehicle and its equipment as well as soiling or damage to other persons or luggage shall be borne by the animal owner. There is no obligation to transport animals, especially not on tourist excursions or other unscheduled journeys. Animals may not be accommodated on seats. Dogs must be kept on a lead.
§ 8 Exclusion 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 in particular are excluded
a) Persons who are under the influence of spirits or other intoxicating substances,
b) Persons with infectious diseases,
c) persons with loaded firearms, unless they are authorised to carry firearms.
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 sentences 1 and 2 remain unaffected.
2. if the passenger does not fulfil his obligations under §§ 6 or 7 despite a warning from the driving personnel or other persons authorised by the carrier, the driving personnel may exclude him from further carriage.
3. in the event of exclusion from carriage, there is no entitlement to compensation for fares already paid. A claim for compensation for damages incurred by the passenger as a result of exclusion from carriage shall only exist in the event of injury to life, limb or health or such damages which are based on a grossly negligent or intentional breach of duty by a legal representative or vicarious agent of the carrier.
§ 9 Liability of the carrier or the passenger
1. the carrier shall be liable for damage caused during carriage by
a) injury to the life, body or health of a passenger
health of a passenger or
b) loss of or damage to luggage or other items carried by a passenger, in accordance with the statutory provisions. In the cases of para. 1 lit. b, the carrier is liable in deviation from this only up to a maximum amount of € 1,000.00 per person carried; this limitation of liability does not apply if he or an employee or agent of the carrier acting in the performance of his duties causes the damage through gross negligence or intent.
2. the carrier's liability towards each passenger and for each carriage shall be limited to the maximum amounts applicable by law. In the cases of para. 1 lit. b, the carrier is only liable after deduction of an excess in the maximum amount permitted by law.
3. the carrier is not liable for disruptions to services which are arranged as third-party services and which are recognisable as such third-party services, e.g. tours at or in the destination, museum visits, demonstrations, etc.
4. the burden of proof that the event that caused the damage or loss occurred during the carriage and the burden of proof for the extent of the damage or loss shall be borne by the passenger.
5. in all other cases (e.g. for any damage resulting from an unauthorised exclusion from carriage), the carrier is liable
a) to a merchant who concludes the contract of carriage as part of his commercial business, only in the event of intent or gross negligence on the part of the carrier or his legal representatives or executives
b) to other passengers only in the event of wilful misconduct or gross negligence on the part of the carrier or its servants or agents acting in the performance of their duties.
6. the passenger is liable to the carrier for damage for which he is responsible. The passenger is entitled to prove that the carrier did not suffer any damage or that the damage was significantly less than that claimed.
§ 10 Notification of damage
1. the passenger must
a) externally recognisable damage to luggage at the latest when leaving the vehicle
b) externally unrecognisable damage to luggage within 15 days of the day of carriage
to the carrier or an authorised representative in writing. In the case of 1 b), the passenger must provide proof of the transport service used.
2. if the passenger does not comply with paragraph 1, it shall be assumed that he has received his luggage back undamaged.
3. a written notification by the passenger is not required if the condition of the luggage has been jointly checked by the passenger and the bus driver or his deputy upon receipt and recorded in a report to be jointly signed by both.
§ 11 Limitation period
Claims for damages by the passenger are generally subject to a limitation period of 2 years, calculated from the date on which the passenger became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence. Notwithstanding the above, claims for damages due to intentional behaviour shall become time-barred in accordance with the statutory provisions.
§ 12 Information in accordance with § 36 of the law on alternative dispute resolution in consumer matters
Neue Pellwormer Dampfschiffahrts GmbH is prepared to participate in dispute resolution proceedings before the following consumer arbitration board: "söp-Schlichtungsstelle für den öffentlichen Personenverkehr" (www.soep-online.de), Fasanenstraße 81, 10623 Berlin.
§ 13 Place of jurisdiction
The place of jurisdiction for all disputes between the carrier and merchants for whom the contract of carriage is part of their commercial business shall be the Husum Local Court or the Flensburg Regional Court, depending on the amount in dispute. For all other disputes, the statutory place of jurisdiction shall apply.