General Terms and Conditions of the EPS (Event Promotion Services) Company



§ 1 Offer and Conclusion of Contract

Unless agreed otherwise in writing, offers made by the Stadtrundfahrt Berlin EPS (Event Promotion Services) company are subject to confirmation.
The hirer can place an order in writing or electronically. The contract is concluded when the Stadtrundfahrt Berlin EPS (Event Promotion Services) company confirms the order in writing or electronically.

§ 2 Scope of Services

1. The scope of the contracted services will be defined by the specifications quoted in the order confirmation. § 1 Para. 2 und § 3 will remain unaffected.
2. The service encompasses the supply of a vehicle of the agreed type with a driver and the execution of transportation as specified in the order confirmation; the application of the regulations to the contract for work is excluded.
3. The service does not encompass:
1. the fulfilment of the purpose of the journey,
2. the supervision of the hirer's companions, in particular children, adolescents and people requiring special assistance,
3. the supervision of items that the hirer or his/her companions leave in the vehicle's passenger compartment,
4. the supervision of baggage when loading and unloading the vehicle,
5. information about relevant regulations applying to the hirer and his/her companions, insofar as they are included in foreign exchange, passport, visa, customs clearance and health regulations and the adherence to obligations arising from those regulations.
The above shall not apply if otherwise agreed.

§ 3 Changes to the Scope of Services

1. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company is entitled to make modifications, which become necessary after the conclusion of the contract, to the scope of services if the circumstances that necessitate the modification are not caused by the Stadtrundfahrt Berlin EPS (Event Promotion Services) company in bad faith and as far as the modification is not substantial and is reasonable for the hirer. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company will inform the hirer about the reason for the modification immediately after the notification.
2. Modifications to the scope of services by the hirer are permissible upon approval by the Stadtrundfahrt Berlin EPS (Event Promotion Services) company. Such modifications are to be submitted in writing or electronically, unless otherwise agreed.

§ 4 Charges and Payment

1. The hire charge stipulated upon contract conclusion is binding.
2. Incidental expenses associated with the contracted service (such as road tolls and parking fees, accommodation costs for the driver(s)) are not included in the hire charge.
3. Additional costs incurred by modifying the services at the request of the hirer will be charged additionally.
4. Claims for costs arising from damage or soiling will not be affected.
5. Bills are to be paid upon receipt without deduction.
6. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company is entitled to demand full prepayment of the hire charge.

§ 5 Withdrawal from the Contract and its Termination by the Hirer

1. Withdrawal from the contract
The hirer is entitled to withdraw from the contract prior to the start of the hire period. If the hirer withdraws from the contract, the Stadtrundfahrt Berlin EPS (Event Promotion Services) company is entitled to claim appropriate compensation. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company reserves the right to claim compensation in accordance with the following basic guidelines: In the event of withdrawal from the contract
1. within less than 24 hours prior to the planned start of the hire period – 100% of the hire charge
2. 1-7 days prior to the planned start of the hire period – 80 % of the hire charge plus a processing fee of €25
3. 8-14 days prior to the planned start of the hire period – 70 % of the hire charge plus a processing fee of €25
4. 9-30 days prior to the planned start of the hire period – 50 % of the hire charge plus a processing fee of €25
5. over 30 days prior to the planned start of the hire period – repayment of the hire charge minus a processing fee of €25
if and insofar as the hirer does not prove that no damage was caused to the Stadtrundfahrt Berlin EPS (Event Promotion Services) company or that it was considerably lower than the basic guidelines. The right to claim for compensation will not apply if the withdrawal is attributable to service modifications on the part of the Stadtrundfahrt Berlin EPS (Event Promotion Services) company and such modifications are substantial and unreasonable for the hirer. Additional rights of the hirer will remain unaffected.
2. Termination of the contract
1. In the event that modifications to the agreed services become necessary after the start of the hire period, the hirer will be entitled – without prejudice to other rights – to terminate the contract, if the modifications are substantial and unreasonable for the hirer. In such cases, the Stadtrundfahrt Berlin EPS (Event Promotion Services) company will be obliged – at the hirer's request – to transport the hirer and his/her companions back to the point of departure, whereby transportation will be solely performed with the means of transport stipulated in the contract. In the event of termination due to force majeure, additional costs associated with the return transportation will be borne by the hirer.
2. Other claims of the hirer will be precluded if the necessary modifications are caused by circumstances for which the Stadtrundfahrt Berlin EPS (Event Promotion Services) company is not responsible.

§ 6 Withdrawal from the Contract and its Termination by the Stadtrundfahrt Berlin EPS (Event Promotion Services) Company

1. Withdrawal from the contract
The Stadtrundfahrt Berlin EPS (Event Promotion Services) company will be entitled to withdraw from the contract prior to the start of the hire period and during the hire period if exceptional circumstances, for which the company is not responsible, render the provision of the agreed services impossible. In this case, the hirer will be entitled solely to claim compensation for the necessary expenditure directly associated with the hiring of the vehicle.
2. Termination of the contract
1. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company will be entitled to terminate the contract after the start of the hire period if the services to be rendered are either considerably hindered, endangered or impaired either due to force majeure (including events such as war or warlike conditions, hostilities, insurgency or civil war, arrest, confiscation or obstruction by state bodies or other persons, road blockades, quarantine measures as well as strikes, lockouts or walkouts for which the Stadtrundfahrt Berlin EPS (Event Promotion Services) company is not responsible), or due to the behaviour of the hirer. In the event of termination due to force majeure or due to considerable hindrance, endangerment or impairment, the Stadtrundfahrt Berlin EPS (Event Promotion Services) company will be obliged – at the hirer's request – to transport the hirer and his/her companions back to the point of departure, whereby transportation will be solely performed with the means of transport stipulated in the contract. This obligation will not apply if and to the extent that the return transportation of individual persons is unreasonable for the Stadtrundfahrt Berlin EPS (Event Promotion Services) company because of circumstances for which the individual persons are responsible. In the event of termination due to force majeure, additional costs associated with the return transportation will be borne by the hirer.


§ 7 Liability

1. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company will be held liable within the framework of the due care and diligence of a prudent businessman for the correct implementation of transportation.
2. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company will not be held liable for any service disruptions caused by force majeure.
3. The regulations regarding returning the hirer and his/her companions to the point of departure will not be affected.

§ 8 Limitation of liability

1. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company's liability concerning contractual or tortious claims for damages due to damage not resulting from personal injury to life, body or health will be limited to three times the hire charge (cf § 4 above). Liability to each individual passenger will be limited to the proportionate division of three times the hire charge.
2. § 23 PBefG (German Passenger Transportation Act) will remain unaffected. Liability for damage to each passenger's property will therefore be excluded insofar as the damage exceeds €1,000.00.
3. The limitations cited in Paragraphs 1 and 2 above will not apply if the damage to be assessed was caused by intent or gross negligence on the part of the Stadtrundfahrt Berlin EPS (Event Promotion Services) company, its legal representatives or persons employed in the performance of the company's obligations.
4. The Stadtrundfahrt Berlin EPS (Event Promotion Services) company will not be held liable for damages, insofar as they are solely due to culpable action on the part of the hirer or one of his/her companions.
5. The hirer will indemnify the Stadtrundfahrt Berlin EPS (Event Promotion Services) company and all persons involved in contract fulfilment from claims based on the facts and circumstances covered in § 2 Para. 3 lit. 1. - 5.

§ 9 Luggage and Other Property

1.The usual amount of ordinary-sized luggage and – subject to prior agreement – other property can be transported with the hirer and his/her companions. The transportation of pets is subject to prior agreement.
2. The hirer will be liable for any damage caused by items brought along by the hirer or his/her companions if the damage results from circumstances for which the hirer or his/her companions are responsible.

§ 10 Behaviour of the Hirer and his/her Companions

1. The hirer will be responsible for the behaviour of his/her companions during transportation. The hirer and his/her companions have to obey the onboard employees' instructions.
2. If the hirer or his/her companions – despite warnings – do not obey reasonable instructions from onboard employees, they can be excluded from transportation if the disregard of the instructions poses a risk to the safety or order of the journey or to other people in the vehicle or for any other reasons rendering further transportation unacceptable to the Stadtrundfahrt Berlin EPS (Event Promotion Services) company. In this event, the hirer's rights to recourse against the Stadtrundfahrt Berlin EPS (Event Promotion Services) company will not apply.
3. Complaints are first to be addressed to the onboard employees and if they cannot be satisfactorily solved with a reasonable effort, they are then to be addressed to the Stadtrundfahrt Berlin EPS (Event Promotion Services) company.
4. The hirer is obliged to participate in overcoming service disruptions within the bounds of what is reasonable in order to avoid potential damage or to keep damage to a minimum.

§ 11 Place of Jurisdiction and Place of Performance

1. Place of performance
The exclusive place of performance with merchants, legal persons under public law or special assets under public law will be the Stadtrundfahrt Berlin EPS (Event Promotion Services) company's principal place of business.
2. Place of jurisdiction
1. If the hirer is a merchant, legal person under public law or special asset under public law, the place of jurisdiction will be the Stadtrundfahrt Berlin EPS (Event Promotion Services) company's principal place of business.
2. If the hirer has no general place of jurisdiction in Germany or changes his/her residence or habitual abode to a foreign country after the conclusion of contract or if his/her place of residence or habitual abode is unknown at the time when legal action is instituted, the place of jurisdiction will also be the Stadtrundfahrt Berlin EPS (Event Promotion Services) company's principal place of business.
3. The contractual relationship will be subject to the laws of the Federal Republic of Germany.

§ 12 Invalidity of Individual Provisions

1. The invalidity of individual provisions of the contract, including these General Terms and Conditions of the Stadtrundfahrt Berlin EPS (Event Promotion Services) company, will not render the entire contract invalid.