TERMS OF SERVICE

By accepting the offer, you confirm that you have read and accepted our current General Terms and Conditions (GTC). The GTC for consumers and companies can be viewed here or can be sent by e-mail on request.

General Terms and Conditions for Bus Companies – for consumers

1. Validity of the GTC

These General Terms and Conditions (GTC) apply to legal transactions between Plössnig Reisen GmbH & Co KG and customers who are consumers.

2. Offers and conclusion of the contract
   • Our offers are non-binding and subject to change.
   • If the customer receives a confirmation of receipt for his order, this does not constitute acceptance of his order by us. The contract shall only be deemed to have been concluded upon receipt of an order confirmation from us.
   • The customer is obliged to inform us when placing the order if there is a safety risk to property and persons on the route to be traveled or at the place of arrival (so-called risk trips) and he knows or should know this. Such high-risk journeys include, for example, journeys to high-risk or high-security matches at sporting events (e.g. soccer derbies) or journeys to demonstrations. If, contrary to his obligation, the customer does not inform us of the existence of a risk journey before the contract is concluded and we only become aware of this after the contract has been concluded, we are entitled to withdraw from the contract. In this case, we are entitled to charge the costs specified in point 5.2. The customer shall be entitled to cancel the trip at the cancellation fee stated above and a processing fee of € 100.00, whereby the decisive time for the calculation of the cancellation fee is the time at which we become aware of the risk trip. The right of the customer to demand a judicial reduction of the cancellation fee in this case in accordance with § 7 KschG and/or in accordance with 1336 para. 2 ABGB remains unaffected.
   • If the customer has fulfilled his obligation to provide information in accordance with point 2.3. (sentence 1) and if we only become aware of the fact that it is a risk trip after the contract has been concluded, we are entitled to withdraw from the contract without any claim to remuneration.

3. Contract content and service provision
   • The content of the contract is the transportation service as agreed with the customer.
   • Insofar as the contract contains departure and arrival times, these are only to be understood as approximate information based on time estimates. The actual travel time always depends on the specific circumstances (traffic volume, accidents, traffic jams, etc.).
   • We reserve the right to select the vehicle within the ordered vehicle category and size. The use of a larger vehicle than ordered is always permitted. In this case, the fee is calculated according to the vehicle category and size ordered.
   • The customer is advised that the availability of a vehicle’s equipment may be limited due to certain weather conditions (e.g. the toilet facilities cannot be used at low temperatures).
   • Unless otherwise agreed, the driver is responsible for selecting the route. The driver is entitled to deviate from any specified route if this is necessary or possibly sensible for safety reasons or for traffic-related reasons such as traffic jams, roadworks and the like.
   • The customer undertakes to demand transportation services from the driver only to the extent that this is compatible with the relevant statutory provisions (e.g. legally mandatory driving breaks, rest periods, etc.). The driver is entitled and obliged to refuse certain transportation services for precisely these reasons.
   • The vehicle may only be occupied by the number of passengers for which it is authorized. The driver is entitled and obliged to refuse transportation services if the maximum number of passengers is exceeded.

4. Remuneration
   • The agreed fee covers the transportation service agreed with the customer. Unless otherwise agreed, this fee only includes the expenses and cash outlays associated with the operation of the vehicle. All expenses and cash outlays not related to the operation of the vehicle (e.g. road tolls, ferry fees, parking fees, road and other taxes) are not included in this fee and must be reimbursed to us by the customer in addition.
   • Additional services not included in the agreed transportation service, which the customer orders additionally during the provision of the transportation service (e.g. the use of certain longer routes, the use of additional stopovers), shall be invoiced separately. Insofar as the agreed transport service is based on a specific agreed price calculation basis (e.g. price per kilometer driven or price per hour), the additional services shall be charged on the basis of this price calculation basis, otherwise we shall be entitled to a fee of € 90.00 plus VAT per hour commenced for additional services. Value added tax.
   • The driver’s accommodation must be organized and provided by the customer at his own expense. If this is not done, we shall be entitled to charge the customer for the expenses incurred in this respect in the amount of a reasonable (3-star accommodation[1]/breakfast) at the destination or place of stopover.
   • All fees as well as expenses and cash outlays are due without deduction within 10 days of invoicing.
   • Offsetting against our claims with counterclaims of the customer is excluded unless we are insolvent, the customer’s counterclaim is legally related to his liability to us, has been established by a court or has been recognized by us.
   • In the event that the customer has not booked the entire vehicle (and driver) for himself, but only one or more seats in a vehicle (which is also used by other customers), the above provisions on the fee, which relate to the entire vehicle (such as road tolls), shall apply pro rata according to the number of seats booked.

5. Cancellation of the transportation service
   • The customer is entitled to cancel the transportation service.
   • If the customer cancels the transportation service, he must reimburse the costs actually incurred by us, but in any case at least a processing fee of € 100.00. In addition, a cancellation fee in the following amount (percentage of the agreed fee) must be paid:

6. Passenger behavior
   • The customer is responsible for his/her conduct and the conduct of his/her passengers during transportation.
   • The customer and his passengers are advised that the provisions and rules contained in §§ 21 and 22 of the Operating Regulations for Non-Scheduled Passenger Transport – BO 1994 (available at: https://www.ris.bka.gv.at) apply to transportation. The driver is entitled to exclude passengers from transportation if this is provided for in §§ 21 and 22 of the operating regulations for non-scheduled passenger transport – BO 1994.
   • In the event of such exclusion from transportation, there is no entitlement to (partial) reimbursement of the fare or to return transportation of the passenger concerned.
   • We are not liable for claims from passengers who do not arrive on time at the departure time announced by the driver or tour guide during stopovers, or for claims from passengers who cannot be transported because they do not have the required personal documents (passport, visa, etc.) with them. This does not apply if we have culpably caused such claims by passengers.
   • The seat belts fitted in the vehicle must be used in accordance with the regulations while driving. Seats in the vehicle may only be left for short periods. In this case, the passenger is obliged to ensure that he or she has a firm footing in order to be prepared for any abrupt steering and braking maneuvers that may be necessary.
   • In vehicles equipped with media playback systems, any playback of media content protected by copyright (films, music, etc.) (not exclusively arranged by us) is the sole responsibility of the customer (concerned). The customer shall indemnify and hold us harmless against all claims asserted by third parties in this regard.
   • The customer is also liable for damage and soiling to the vehicle culpably caused by him and his passengers, including any loss of earnings due to downtime caused by cleaning or repairing the vehicle.

7. Luggage
   • Hand luggage and baggage must be packed in such a way that its contents are protected against loss, deterioration or damage. The owner’s name and address must be permanently affixed to the luggage.
   • Passengers are responsible for loading and unloading their own luggage. There is no entitlement to luggage being loaded by the driver or other bus personnel.
   • Luggage can only be carried within the available cargo space. Bulky or other unusual items of baggage may be excluded from carriage. Dangerous substances and objects (in particular explosive, highly flammable, radioactive, malodorous or corrosive substances and objects, weapons, ammunition, fireworks, dangerous chemicals) are completely excluded from transportation.
   • Passengers must store and supervise their hand luggage in the passenger compartment in such a way that the safety and order of the operation is not jeopardized and other passengers are not impaired. It must always be stored on the luggage rack in the passenger compartment or under the front seat.
   • The carrying of assistance animals (e.g. guide dogs) by the passenger concerned is permitted. In addition, animals may only be carried with the driver’s consent.
   • We are not liable for stolen or otherwise lost items of luggage (hand luggage and luggage) if these remain in the vehicle during stopovers or overnight, unless we have culpably contributed to this. We are not obliged to guard the vehicle once all access points (including loading flaps) have been properly locked.

8. Written form requirement and applicable law
   • Agreements deviating from these GTC must be made in writing to be legally effective. This also applies to any waiver of this formal requirement.
   • The legal relationship between the customer and us shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and national and international conflict of laws rules. Despite the choice of law, the customer is at liberty to invoke the mandatory and more favorable provisions of the law of the country in which the customer has his habitual residence.

[1 ] If no such accommodation exists or is available at the destination, the next higher category may be selected.

General Terms and Conditions for Bus Companies – for corporate customers

1. Validity of the GTC
   • These General Terms and Conditions (GTC) apply to legal transactions between Plössnig Reisen GmbH & Co KG and customers who are entrepreneurs.
   • The customer agrees that in the event of the use of GTC by him, our GTC shall also apply exclusively; this shall also apply if his GTC remain unchallenged by us. Acts of contract fulfillment on our part shall not be deemed as consent to the customer’s GTC.

2. Offers and conclusion of the contract
   • Our offers are non-binding and subject to change.
   • If the customer receives a confirmation of receipt for his order, this does not constitute acceptance of his order by us. The contract shall only be deemed to have been concluded upon receipt of an order confirmation from us.
   • The customer is obliged to inform us when placing the order if there is a safety risk to property and persons on the route to be traveled or at the place of arrival (so-called risk trips) and he knows or should know this. Such high-risk journeys include, for example, journeys to high-risk or high-security matches at sporting events (e.g. soccer derbies) or journeys to demonstrations. If, contrary to his obligation, the customer does not inform us of the existence of a risk journey before the contract is concluded and we only become aware of this after the contract has been concluded, we are entitled to withdraw from the contract. In this case, we are entitled to charge the costs specified in point 5.2. The customer shall be entitled to cancel the trip at the cancellation fee stated above and a processing fee of € 100.00, whereby the decisive time for the calculation of the cancellation fee is the time at which we become aware of the risk trip.
   • If the customer has fulfilled his obligation to provide information in accordance with point 2.3. (sentence 1) and if we only become aware of the fact that it is a risk trip after the contract has been concluded, we are entitled to withdraw from the contract without any claim to remuneration.

3. Contract content and service provision
   • The content of the contract is the transportation service as agreed with the customer.
   • Insofar as the contract contains departure and arrival times, these are only to be understood as approximate information based on time estimates. The actual travel time always depends on the specific circumstances (traffic volume, accidents, traffic jams, etc.).
   • We reserve the right to select the vehicle within the ordered vehicle category and size. The use of a larger vehicle than ordered is always permitted. In this case, the fee is calculated according to the vehicle category and size ordered.
   • The customer is advised that the availability of a vehicle’s equipment may be limited due to certain weather conditions (e.g. the toilet facilities cannot be used at low temperatures).
   • Unless otherwise agreed, the driver is responsible for selecting the route. The driver is entitled to deviate from any specified route if this is necessary or possibly sensible for safety reasons or for traffic-related reasons such as traffic jams, roadworks and the like.
   • The customer undertakes to demand transportation services from the driver only to the extent that this is compatible with the relevant statutory provisions (e.g. legally mandatory driving breaks, rest periods, etc.). The driver is entitled and obliged to refuse certain transportation services for precisely these reasons.
   • The vehicle may only be occupied by the number of passengers for which it is authorized. The driver is entitled and obliged to refuse transportation services if the maximum number of passengers is exceeded.

4. Remuneration
   • The agreed fee covers the transportation service agreed with the customer. Unless otherwise agreed, this fee only includes the expenses and cash outlays associated with the operation of the vehicle. All expenses and cash outlays not related to the operation of the vehicle (e.g. road tolls, ferry fees, parking fees, road and other taxes) are not included in this fee and must be reimbursed to us by the customer in addition.
   • If there are at least 12 months between the conclusion of the contract and the transportation service, we are entitled to unilaterally increase the agreed fee by a maximum of 20% if an increase in transportation costs (in particular fuel costs and personnel costs) only occurs after the conclusion of the contract and it was not possible to take these into account when the contract was concluded. The fee increases as a percentage to the extent that the transportation costs have increased as a percentage (example: if the transportation costs increase by 10%, the agreed fee also increases by 10%). The agreed fee shall not be reduced in the event of a reduction in transportation costs.
   • Additional services not included in the agreed transportation service, which the customer orders additionally during the provision of the transportation service (e.g. the use of certain longer routes, additional stops) or which become necessary for reasons for which the customer or passengers are responsible or for reasons of safety or traffic-related requirements, shall be invoiced separately. Insofar as the agreed transport service is based on a specific agreed price calculation basis (e.g. price per kilometer driven or price per hour), the additional services shall be charged on the basis of this price calculation basis, otherwise we shall be entitled to a fee of € 90.00 plus VAT for additional services per hour commenced. Value added tax.
   • Unless otherwise agreed, the driver’s accommodation shall be organized and provided by the customer at his own expense. If this is not done, we shall be entitled to charge the customer for the expenses incurred in this respect in the amount of a reasonable (3-star accommodation[1]/breakfast) at the destination or place of stopover.
   • All fees as well as expenses and cash outlays are due without deduction within 10 days of invoicing.
   • In the event of late payment, we shall charge interest on arrears at the statutory rate. In addition, the customer is obliged, irrespective of fault, to pay a lump sum of € 40 as compensation for the collection costs incurred by us. In the event that a debt collection agency is called in, the customer also undertakes to reimburse us for the costs incurred.
   • Offsetting against our claims with counterclaims of the customer is excluded.
   • In the event that the customer has not booked the entire vehicle (and driver) for himself, but only one or more seats in a vehicle (which is also used by other customers), the above provisions on the fee, which relate to the entire vehicle (such as road tolls), shall apply pro rata according to the number of seats booked.

5. Cancellation of the transportation service
   • The customer is entitled to cancel the transportation service.
   • If the customer cancels the transportation service, he must reimburse the costs actually incurred by us, but in any case at least a processing fee of € 100.00. In addition, a cancellation fee in the following amount (percentage of the agreed fee) must be paid:

Passenger behavior

• The customer is responsible for his/her conduct and the conduct of his/her passengers during transportation.
• The customer and his passengers are advised that the provisions and rules contained in §§ 21 and 22 of the Operating Regulations for Non-Scheduled Passenger Transport – BO 1994 (available at: https://www.ris.bka.gv.at) apply to transportation. The driver is entitled to exclude passengers from transportation if this is provided for in §§ 21 and 22 of the operating regulations for non-scheduled passenger transport – BO 1994.
• In the event of such exclusion from transportation, there is no entitlement to (partial) reimbursement of the fare or to return transportation of the passenger concerned.
• We are not liable for claims from passengers who do not arrive on time at the departure time announced by the driver or tour guide during stopovers, or for claims from passengers who cannot be transported because they do not have the required personal documents (passport, visa, etc.) with them.
• The seat belts fitted in the vehicle must be used in accordance with the regulations while driving. Seats in the vehicle may only be left for short periods. In this case, the passenger is obliged to ensure that he or she has a firm footing in order to be prepared for any abrupt steering and braking maneuvers that may be necessary.
• In vehicles equipped with media playback systems, any playback of media content protected by copyright (films, music, etc.) (not exclusively arranged by us) is the sole responsibility of the customer (concerned). The customer shall indemnify and hold us harmless against all claims asserted by third parties in this regard.
• The customer is also liable for damage and soiling to the vehicle culpably caused by him and his passengers, including any loss of earnings due to downtime caused by cleaning or repairing the vehicle.

1. Luggage
   • Hand luggage and baggage must be packed in such a way that its contents are protected against loss, deterioration or damage. The owner’s name and address must be permanently affixed to the luggage.
   • Passengers are responsible for loading and unloading their own luggage. There is no entitlement to luggage being loaded by the driver or other bus personnel.
   • Luggage can only be carried within the available cargo space. Bulky or other unusual items of baggage may be excluded from carriage. Dangerous substances and objects (in particular explosive, highly flammable, radioactive, malodorous or corrosive substances and objects, weapons, ammunition, fireworks, dangerous chemicals) are completely excluded from transportation.
   • Passengers must store and supervise their hand luggage in the passenger compartment in such a way that the safety and order of the operation is not jeopardized and other passengers are not impaired. It must always be stored on the luggage rack in the passenger compartment or under the front seat.
   • The carrying of assistance animals (e.g. guide dogs) by the passenger concerned is permitted. In addition, animals may only be carried with the driver’s consent.
   • We accept no liability for stolen or otherwise lost luggage (hand luggage and luggage) if it remains in the vehicle during stopovers or overnight. We are not obliged to guard the vehicle once all access points (including loading flaps) have been properly locked.

8. Liability, statute of limitations, written form requirement, severability clause, applicable law and place of jurisdiction
   • Unless otherwise stipulated in these GTC, we are not liable for property damage or financial loss caused by slight or gross negligence.
   • Claims for damages against us shall lapse within 1 month of knowledge of the damage and the damaging party.
   • Agreements deviating from these GTC must be made in writing to be legally effective. This also applies to any waiver of this formal requirement.
   • Should provisions of these GTC be or become void or ineffective in whole or in part, this shall not affect the remaining provisions. Ineffective or unenforceable provisions shall be replaced by legally effective and enforceable provisions that come as close as legally possible to the economic effect of the ineffective or unenforceable provisions in accordance with the meaning and purpose of these Terms and Conditions. This also applies in the event of any contractual loopholes.
   • The legal relationship between the customer and us shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and national and international conflict of laws rules.

All legal disputes arising from and in connection with this contract shall be decided exclusively by the competent court at the registered office of our company or, at our discretion, by the competent court in whose district the customer has its registered office, a branch or assets.

[1 ] If no such accommodation exists or is available at the destination or place of stopover, the next higher category may be selected.