General Business Terms for direct booking Bus Hire Services of
Irro Verkehrsservice GmbH & Co. KG
The Bus Hire Contract between Irro Verkehrsservice GmbH & Co KG (herafter “Irro Charter”) and the client shall come into force by completion of online payment and receiving the booking confirmation.
- Hire Period
The period of time expressly booked upon shall be definitive. Any extension shall be permitted only as arranged with Irro Charter, and must be agreed upon in advance.
- Hire Price
Any booked price includes the applicable VAT rate as well as fuel and driver’s wages.. Any additional expense, such as charges for parking, road tolls, ferries, city entry fees, tour guides, and brokerage, shall be paid by the sold-to party. The final invoice will specify any extra kilometres travelled as calculated after the completed trip, any extension to the hire period, any extra service used, and any other expense not included in the quoted price, such as, e.g., parking fees, etc.
The booked price is to be paid to Irro Charter immediately at the end of the booking process through our online payment provider Saferpay.
3.2 Payment Options
We offer the following payment options:
- Credit Card,
- Google Pay,
- Apple Pay and
- PayPal (PayPal payments are limited to an amount of 2.500,- Euro).
If the down-payment of the price is not received, Irro Charter shall reserve the right to terminate the contract even.
The extent of services rendered is specified in the Hire Contract. If a given coach is unavailable, Irro Charter reserves the right to provide another coach instead, or to order a coach from another company, respectively.
- Drivers, Operating hours and Provision
Our well-trained drivers strictly observe the legally required operating hours and resting periods.
For their own safety, any operating staff hired out must observe the applicable social regulations. For details regarding regulation EWG (VO) 3820 / 85 please contact Irro Charter.
Summary: 1 driver may operate for a maximum of 9 hours within a total time period of 12 hours, after which time a resting period of at least 11 hours must be observed.
The hirer shall provide overnight accommodation and breakfast for the driver. Other services, such as lunch and dinner, shall be performed by the hirer on a voluntary basis. Upon request, an expense allowance can also be arranged
The coaches come with sufficient stowage for one piece of luggage (e.g. a suitcase) per passenger. Additional boxes, skis, tents, surf boards may only be taken aboard upon previous arrangement with Irro Charter. Ski containers, luggage and bicycle trailers can be hired from us upon request. Irro Charter shall not be held liable for lost or stolen luggage.
- Cancellation by the Sold-To-Party
The sold-to-party may terminate the Hire Contract at any time. Definitive for a cancellation is the receipt of a written cancellation notice. By way of compensation, Irro Charter shall charge 100% of the paid price as a cancellation fee. This excludes possible other damage claims raised on account of services already rendered (e.g. ferry reservations, reservation of accommodations, bicycle trailers, etc.).
- Withdrawal and serving notice of termination by Irro Charter
The bus company may withdraw from the contract if exceptional circumstances for which it is not to blame make it impossible to render its performance. In this case the party making the booking may only demand the reimbursement of his expenditure incurred in direct connection with making the booking for the vehicle.
b. Serving notice of termination
(i) The bus company may serve notice of termination after the journey has started if the rendering of its performance is made considerably more difficult, is jeopardised or impaired significantly either as a result of force majeure or unforeseeable circumstances such as for example, war or a quasi war, hostilities, uprising or civil war, arrest, confiscation or prevention by state organisations or another person, road blocks, quarantine measures, as well as strikes, lock-outs or walk-outs for which the bus company is not to blame or if the party making the booking makes it considerably more difficult for the bus company to render its performance, or jeopardises or impairs the fulfilment of the booking by the bus company.In the event that notice of termination is served as a result of force majeure, or as a result of it being made considerably more difficult for the bus company torender its performance, or if the rendering of itsperformance is jeopardised or impaired significantly, the bus company shall, at the request of the party making the booking to take back him and the passengers, whereby he shall only be entitled to be taken back on the mode of transport agreed in the contract. If additional costs are incurred for the return transport as a result of the contract being terminated as a result of force majeure, these shall be for the account of the party making the booking.
(ii) If the bus company serves notice of termination on the contract it shall be entitled to an appropriate remuneration for the services already rendered and for those still to be rendered under the contract provided that the latter are still of interest for the party making the booking.
a. As part of its duty to exercise due diligence as a prudent businessman, Irro Charter is liable for transporting the passengers properly.
b. The bus company shall not be liable for disruptions in performance caused by force majeure as well as performance being made significantly more difficult, jeopardised or impaired significantly either as a resultof force majeure or unforeseeable circumstances such as for example, war or a quasi war, hostilities, uprising or civil war, arrest, confiscation or prevention by state organisations or other persons, road blocks, quarantine measures, as well as strikes, lock-outs or walk-outs etc. for which the bus company is not to blame.
c. The arrangements for returning passengers to the point of departure shall not be affected.
d. The bus company will not take responsibility for planning the itinerary in regards of catching planes or ships in time. The bus company shall not be liable if the group on coach will miss a connection flight e.g. Please note that Irro Charter reccommends to plan with at least 30% extra time than normal (earlier departure) when planning transfers to airports, harbours etc..
- Limitation of Liability
a. The liability of the bus company for contractual compensation claims for damages is limited to three times the hire price, the liability per passenger is limited to three times the hire price attributable to this person. If compensation claims are asserted for damages based on an illegal act, the liability for property damage sustained by each passenger concerned will be limited to 4.000,- Euro. If the proportion of three times the hire price relating to the individual passenger is in excess of these amounts, liability shall be limited to the proportion of three times the hire price relating to the individual passenger.
b. §23 of the German Passenger Transport Act [BefG] shall not be affected. This means that liability for property damage is excluded in so far as the damage per person exceeds 1.000,- Euro.
c. The limitations named in Sections a and b above shall not apply if the damage to be assessed is based on intent or gross negligence.
d. The bus company shall not be liable for damages in so far as these are based solely on a culpable act by the party making the booking or by one of his passengers.
e. The party making the booking shall exempt the bus company and all the persons called in by it to carry out the contract from all claims based on the facts and circumstances covered in §2 Section 3 letter a - e.
- Baggage and other things
a. A normal amount of baggage and - by agreement - other things will also be carried.
b. The party making the booking shall be liable for damages caused by the things brought with the party making the booking or his passengers if such damage is attributable to circumstances attributable to him or to his passengers.
- Conduct of the party making the booking and the passengers
a. The party making the booking shall be responsible for the conduct of his passengers while they are being transported. The instructions of the staff on the bus are to be followed.
b. Passengers who do not obey the justified instructions of the staff in spite of being warned, may be removed from the bus if their refusal to comply with instructions results in a threat to the security or safety of the bus and its passengers or if it would be unreasonable to expect the bus company to continue to allow such persons to stay on the bus. In such cases the party making the booking shall not have any right of recourse against the bus company.
c. In the first instance complaints are to be made to the staff on the bus and if they are unable to be of assistance, to the bus company.
d. When rectifying disruptions to performance, the party making the order is obliged be of assistance withinthe scope of what is reasonable in order to avoid any damages which may be caused or to keep them aslow as possible.
- Place of jurisdiction and place of fulfilment
a. Place of fulfilment
The place of fulfilment in relationships with registered businesses, legal entities established under public law or public law special fund is the bus company's principal place of business alone.
b. Place of jurisdiction
i). If the party making the booking is a registered business, a legal entity established under public law or a public law special fund, the place of jurisdiction shall be the courts located where the bus company has its principal offices.
ii)If the party placing the booking does not have a general place of jurisdiction in Germany or relocates his place of residence or normal whereabouts to a location outside Germany after this contract materialises, or if his place of residence or normal whereabouts are unknown at the point in time at which legal action is taken the place of jurisdiction shall likewise be the courts having jurisdiction where the bus company has its principal offices.
3. The law of the Federal Republic of Germany shall govern the contractual relationship.
- Invalidity of individual provisions
The invalidity of individual provisions of the contract including these General Terms and Conditions of Business for hire bus transport shall not result in the entire contract being rendered invalid as a result.
- Sporting Events
In addition to Irro Charter’s ‘Terms&Conditions’, the following conditions apply for hire of football matches or other sporting events.
a. You shall be responsible to Irro Charter for any damage to the vehicle, its fittings or equipment caused through your negligence, misconduct or any default or any of the passengers carried and will be liable to repay to us any losses we reasonably incur as a direct consequence of that conduct.
b. Additionally where the vehicle has been soiled due to your negligence, misconduct or any default or that of any of the passengers carried and which as a result requires us to perform extraordinary cleaning to the vehicle to render it fit for hire, you shall be responsible for paying to us the reasonable costs we incur for such cleaning services.
c. The hirer undertakes to be responsible for the orderly behaviour of all members of the party and for ensuring that their conduct shall not be such as to cause annoyance to the public.
d. Should the driver at any time consider that a member or members of a party are behaving improperly then he/she may require that such an individual or individuals to leave the vehicle or the service to be discontinued.
e. A refundable deposit of 500,- Euro is to be given to the Driver before the service commences. The deposit will be returned in full if there are no damages to the vehicle or no additional expenses were incurred by the company which were a direct result of the passengers actions.