General Terms and Conditions of Business

General Terms and Conditions of Business for BEX Charter eine Zweigniederlassung der DB Regio Bus Ost GmbH (Sightseeing and Charter divisions)

1. Payment methods

Purchases of online tickets and online bookings for buses over the Internet can be paid for using PayPal or credit card.

2. Right of withdrawal
In accordance with Section 312g (2), no. 9 of the Civil Code (Bürgerliches Gesetzbuch, BGB) (right of withdrawal for distance contracts), a right of withdrawal does not exist for contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance.However, this does not affect our cancellation terms.

3. Consumer arbitration board
BEX Charter will participate in dispute resolution proceedings before a consumer arbitration board. The competent consumer arbitration board is: söp Schlichtungsstelle für den öffentlichen Personenverkehr e. V. It can be contacted at the following address: Fasanenstraße 81, 10623 Berlin, Web: - www.soep-online.de

4. Miscellaneous
4.1.Due to the distinctive technical features of the Internet, it cannot be guaranteed that the booking module on bex.de and/or its subdomains will be available at all times.

4.2. If individual clauses of the T&C are or become invalid, this will not affect the validity of the other clauses.

4.3. It is hereby agreed that German law applies exclusively. The place of jurisdiction and place of performance for all claims is Berlin.

5. Queries/contact
5.1. If you have any queries regarding purchasing online tickets over the Internet, please write to us at the following address:
City Circle
NL der DB Regio Bus Ost Gmbh
Berliner Straße 53
D-10713 Berlin
- sightseeing@bex.de

5.2. If you have any queries regarding hiring buses or booking buses online, please write to us at the following address:
DB Regio Bus Ost GmbH
BEX Charter division
Mannheimer Str. 33/34
D-10713 Berlin
- info@bex.de


T&C for sales of online tickets for city tours/excursions in/from Berlin over the Internet

1. Buying online tickets
1.1. Online tickets for city tours in Berlin and excursions can be booked on our website. Each ticket offer listed on our website also constitutes a binding offer to conclude a purchase agreement on the terms stated in the item description. Online tickets are sent to the email address provided by the buyer, together with an order confirmation. The online tickets are valid for the city tour booked or the excursion booked. The online voucher for the City Circle Tour must be exchanged for an original ticket before the bus journey departs, however.
1.2. The contract is concluded when the ticket price is paid. To do so, the payment module be completed successfully. We will send you a confirmation email once the payment has been made.
1.3. Online discount codes and discount codes are valid for tours purchased from City Circle Sightseeing. Cash payments are not accepted.Discount codes cannot be combined with other discounts and can only be used once.

2. Cancellations, changes and refunds
2.1. DB Regio Bus Ost GmbH (City Circle division) can make cancellations and changes and issue refunds for online tickets on request. DB Regio Bus Ost GmbH (City Circle division) reserves the right to charge a reasonable handling and cancellation fee.
2.2. Credits issued for exchanged or refunded online tickets can only be paid into the account specified by the customer when ordering or into their credit card account when paying by credit card.

3. CityCircle Berlin transport association
DB Regio Bus Ost GmbH ( City Circle division) is a member of the CityCircle Berlin transport association via a total of 2 companies:

DB Regio Bus Ost GmbH
See Imprint for details

BVB Bus-Verkehr-Berlin KG
Grenzallee 15
12057 Berlin
Telephone: +49 (0) 30 683 89 10
Email: - contact@bvb.net
Managing Directors: Lothar Kastner, Bernd Rietdorf
Trade register (Handelsregister): HRA 6593, HRB 3822
VAT ID no.: DE136662431
Organised as a trust by:
CC Service GmbH
Ordensmeisterstraße 36-38
12099 Berlin
Telephone: +49 (0) 30 88 56 80 30
Email: - info@citycircle.de
Managing Directors: Michael Gräfe
Trade register: HRB 163703 B
VAT ID no.: DE299922722


BEX bus hire T&C for bus rental

Section 1 Offer and conclusion of a contract
(1) BEX's 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 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 is permitted to make changes to the service package that become necessary after the contract has been concluded provided that BEX 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 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'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 incurs due to damage or uncleanliness remains unaffected.
(5) Invoices must be paid in full upon receipt.

Section 5 Price increases
BEX 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 when concluding the contract.
c) After becoming aware of the reason for the increase, BEX 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. Notice of withdrawal must not be made in any particular form, but must be given to BEX 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 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 is responsible for. The amount of such damages is determined on the basis of the agreed hire charge, less the expenses saved by BEX and any income attained through other use of the vehicle.
BEX 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 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 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 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 is not responsible for.
c) If the Customer terminates the contract, BEX 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

(1) Withdrawal before the journey starts
BEX can withdraw from the contract before the journey starts if exceptional circumstances that BEX 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 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 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 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 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 is liable for the proper provision of the transport service with the due diligence expected in line with sound business practices.
(2) BEX 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 is not responsible for.
(3) The provisions regarding return transport remain unaffected.

Section 9 Limitation of liability
(1) BEX'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 itself or one of BEX'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 itself or one of BEX'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.

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 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 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 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.
(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 01/2022]
_____________________________________
DB Regio Bus Ost GmbH
Managing Directors:
Managing Directors:Bernd Woelfel (Chairman)
Florian Szameit
Court of Registry: Potsdam, register no. HR B 25618 P
VAT ID: DE 168 194 674
Mannheimer Straße 33/34
D - 10713 Berlin
+49 (30) 86 0 96-0
+49 (30) 86 0 96-229
- bus@bex.de