General Terms and Conditions & General Terms and Conditions of Carriage for FlixBus Charter
- The booker (hereinafter: Customer) makes the reservation for themselves and all passengers included in the booking, and is responsible for all of the latter’s obligations as for his own. The contractual partner is FlixBus DACH GmbH (hereinafter: FlixBus).
- The contract conclusion may take place in different ways, corresponding to the options specified:
- “Receive offer by email”:
If the Customer selects the option “Receive offer by email”, they will receive a binding offer from FlixBus without delay. The Customer can accept this offer up to seven days after receipt. Acceptance can take place by clicking on the reservation link on the website, or with an express declaration of acceptance in writing.
- „Reserve your trip now“:
If the Customer selects the option “Reserve your trip now”, the contract conclusion between FlixBus and the Customer already takes place, to the extent that by clicking the “Reserve your trip now” reservation button, the Customer submits an anticipated declaration of acceptance, subject to the conclusion of the contract of carriage no later than 14 days prior to the scheduled start of the trip. The agreed price of carriage is due for payment by the Customer no later than 14 days prior to the scheduled departure. The right to cancellation in accordance with Section 4.1 remains unaffected.
- „Book trip“:
If the Customer selects a trip where the time period between booking and scheduled departure is less than 14 days, the Customer can submit an immediately binding booking for the trip at the price quoted.
- Additional types of offers:
In certain cases (e.g. large number of passengers, long distance, multiple countries, or if the time period between booking and scheduled departure is only a few days – generally between 2 and 4 days) it is not possible to give the Customer an immediate price; instead they will receive a price range or no price indication. In such cases, the Customer is entitled to request an offer by email and may reserve the trip by following the procedure outlined in Section 1.2.1.
- “Receive offer by email”:
- The subject matter of the contract is the successful transport service, as defined by the Customer. Nevertheless, the Customer has no claim to the specified number of persons being carried together, i.e. in a single bus. In the event of a separation, e.g. a group split over two buses, this will not impair the fulfillment of the contract. The Customer will receive appropriate advance notification in such cases.
Payment of the trip price; Composition of the price
- The trip price will be due as stated in the offer. The Customer will be notified of the upcoming debit of the trip price five days before the stipulated due date.
- In the event that the Customer fails to make payment on time, FlixBus reserves the right to charge the Customer for any applicable default charges. FlixBus further reserves the right to withdraw from the contract of carriage.
- The payment provider is PayMill GmbH, St.-Cajetan Straße 43, 81669 Munich.
- The trip may be reserved using the following payment methods:
- Credit card payment
- SEPA direct debit
- Payment against invoice
- Special conditions for payment by direct debit and credit card:
- Purchase by direct debit; Direct debit authorization; Processing fee for return debit notes
- For payment by direct debit, the Customer’s first name and last name are required for a clear allocation of the payment. In the event of a purchase by direct debit, the payment amount will be due for payment on the date specified and debited by our external partner PayMill GmbH from the debit account provided in the order process, at the bank specified therein (debit account). The Customer hereby grants PayMill GmbH a SEPA direct debit authorization to collect all payments due, and at the same time instructs his bank to honor the direct debit. Note: The Customer may demand a refund of the amount debited within eight weeks of the debit date. The terms and conditions the Customer has agreed with his bank apply. Please note that the receivable due will continue to exist even in the event of a return debit note. The Customer can find more information at www.paymill.com/de/sepa. The Customer will receive advance notification of the SEPA direct debit collection at least one day before this is due, by an email sent to the email address provided during the order process. If there are insufficient funds available in the debit account, the bank where the account is held is not obliged to honor the payment.
- By providing a debit account, the Customer confirms that they are entitled to use the respective debit account for direct debits and will ensure there are sufficient funds in the account. Processing return debit notes is time-consuming and costly for FlixBus and PayMill GmbH. In the event of a return debit note (due to insufficient funds in the debit account, closure of the debit account, or an unwarranted objection by the account holder), the Customer authorizes PayMill to undertake one further attempt to collect the direct debit payment for the payment obligation due. In this case, the Customer is obligated to pay the actual bank fees incurred by the return debit note. The Customer will be given the opportunity to prove that the chargeback incurred lower costs or no costs at all. Given the effort and expense involved for return debit notes and to avoid the processing fee, FlixBus recommends that the Customer does not object to the direct debit in the event of a cancellation of or withdrawal from the purchase contract, a return or a complaint. In such a case, after coordination with FlixBus, the payment will be reversed by a refund of the amount concerned by bank transfer, or by issuing a credit note. Claims of further damage caused by default are not excluded.
- Purchase by credit card
- In case of payment by credit card, the Customer account will be charged after the booking is finalized, on the specified due date. When paying by credit card, the Customer instructs his bank at the time of booking to provide the customer name and full address to FlixBus or a third party authorized by FlixBus upon request in the event of a chargeback, so that FlixBus can assert its claims against the Customer.
- The Customer will be responsible for paying actual bank fees incurred in the event of the chargeback of a credit card payment. Cancellation fees or re-booking charges may also apply. The Customer will be given the opportunity to prove that the chargeback incurred lower costs or no costs at all. In the event of chargebacks, customers may be barred from making credit card payments on a temporary or long-term basis.
- After unsuccessful collection efforts by FlixBus, claims may be transferred to an external service provider for further processing. FlixBus is entitled to transfer all personal data relating to the debtors and required for this purpose to the external service provider.
- Offsetting; Right of retention
- The Customer shall only be entitled to offset in the event that their counter-claims have been legally established or are uncontested or acknowledged by us. Moreover, they shall only have a right of retention if and to the extent that their counter-claim is based on the same contractual relationship.
- If the Customer is in arrears on any payment obligations towards FlixBus, all existing receivables from the same contractual relationship shall be due for payment with immediate effect.
- Purchase by direct debit; Direct debit authorization; Processing fee for return debit notes
- All offers and the prices contained therein are as stated in the offer. Any other costs not included in the price will be expressly referred to in the offer.
Trip cancellations, price changes
- If the trip is significantly impeded, endangered or impaired as a result of force majeure not foreseeable upon conclusion of the contract, either the Customer or FlixBus may terminate the contract. Any legal consequences shall apply as provided by law. With regard to reversing transactions for services already rendered, we refer in particular to the contractual claims provisions as set forth in Sections 346 et seq. BGB [Bürgerliches Gesetzbuch (German Civil Code)], and for statutory claims to Sections 812 et seq. BGB.
- Any necessary changes to or deviations from individual travel services made by the Customer are only permitted to the extent that these changes or deviations are minor and do not affect the overall design of the booked trip. The overall design of the booked trip is impaired, in particular, if the change or deviation results in an additional organizational or financial burden for FlixBus. Section 4.1 remains unaffected.
- If two or more individual reservations are made for the same route and the same purpose of trip (instead of one complete reservation), FlixBus reserves the right to merge these individual reservations into a single reservation. This could be done, for instance, to avoid unused seats or long approach routes due to unfavorable bus sizes.
FlixBus changes and cancellations
- The Customer may cancel the trip at any time up to 14 days prior to the scheduled departure free of charge. A notification of cancellation in writing is sufficient. Section 4.3 remains unaffected.
- After making a booking, changes may be made to the booking (re-booking). Major changes to bookings that involve a significant difference in trip time, as well as changes to routes, may entail additional costs, which will be determined at the sole discretion of FlixBus. The Customer will be notified by FlixBus regarding any cost increases in good time and in a suitable manner.
- In the event of a cancellation by the Customer 13 to 7 days prior to the scheduled departure, FlixBus is entitled to demand flat rate compensation in the amount of 75% of the total agreed price of the trip, if the cancellation is made between 6 days and 1 day prior to scheduled departure, FlixBus is entitled to demand flat rate compensation in the amount of 90% of the total agreed price of the trip. Cancellations made on the day of departure will be subject to 100% compensation of the total agreed price. The Customer retains the right to prove that no losses, or lower losses, have occurred.
- Furthermore, FlixBus reserves the right to withdraw from a trip if the Customer has attracted negative attention during a previous booking and is the subject of damage claims.
General obligations of the Customer and their travel companions
- Instructions issued by bus drivers and accompanying staff must be obeyed.
- Bus drivers and dispatchers are authorized to exclude persons from travel if they are clearly intoxicated or under the influence of drugs. The same applies to any persons who endanger the safety of other passengers for any other reason, or who significantly disturb the wellbeing of the other passengers or the carrier itself to such an extent that the continuation of the trip cannot reasonably be accepted. Claims to substitute transportation shall not exist in these cases.
- Smoking on board the bus is not permitted. This prohibition also includes e-cigarettes.
- In the event that the Customer or his travel companions cause exceptionally extreme soiling in the bus, FlixBus reserves the right to charge the Customer for any expenses or damages thereby incurred. The same applies to damage caused to the bus itself (interior and exterior). In this case, it is the responsibility of the Customer, who at the same time is also a consumer, to prove that they are not responsible for the damage or the damage to such an extent.
- The Customer and their travel companions are obliged to wear seat belts in accordance with statutory regulations, insofar as the bus is fitted with seat belts.
- Any additional costs incurred due to delays caused by the Customer or their travel companions, in particular due to longer stays than agreed, longer breaks, or late departures, must be paided by the Customer. In this case, it is the responsibility of the Customer, who at the same time is also a consumer, to prove that he is not responsible for the damage or the damage to such an extent.
Special obligations of the Customer
- Notification obligation for high-risk trips:
- The Customer is obligated to notify FlixBus of so-called “high-risk trips” at the time they submit a booking request. We recommend using the “Comments” field intended for such purposes. High-risk trips are in particular such trips which pose a safety risk along the route to be taken – such as: A trip to a local soccer derby or a demo nstration – and where police protection can also be expected.
- In the event of such a high-risk trip, FlixBus is entitled to withdraw from the contract. If FlixBus should withdraw from the contract, the Customer will be informed immediately. Should FlixBus fail to notify the Customer immediately, this will be deemed a non-assertion of its right to withdraw.
- If the Customer has failed to notify FlixBus of a high-risk trip, FlixBus reserves the right to terminate the trip, including at the scheduled departure time or during the trip. The Customer is not entitled to assert any claims for damages against FlixBus which may arise from such a terminated trip. This does not apply if FlixBus can be accused of acting with intent or gross negligence. FlixBus reserves the right to assert any compensation claims against the Customer in this regard, regardless of their legal nature.
- Carriage will only take place on roads suitable for passenger transport by bus. Any unilateral driving directions given by the Customer are not permitted and will not be followed by the bus driver. Nevertheless, if, under certain special circumstances, the instructions of the Customer are followed by the driver, FlixBus reserves the right to invoice the Customer for any additional costs thereby incurred.
- Upon conclusion of the contract, the Customer must provide their cell phone number or another suitable contact number to FlixBus to guarantee any communication necessary. The Customer agrees to make sure they can be reached at this number during the trip times.
- Obligations for international trips:
- In the case of international travel, the Customer is solely responsible for complying with all passport, visa, currency, customs and health regulations. The Customer is responsible for any problems incurred through non-compliance with these regulations, even if the regulations are amended after the booking is made. Section 5.2 remains unaffected.
- In the event of cross-border carriage, the Customer is obligated to carry all documents and identification papers required for border crossings and must present them to the bus driver and service staff deployed by FlixBus and its partners on request.
- If the Customer has no valid travel document, the duty of carriage on the part of FlixBus no longer applies.
- To enable faster customs checks, travel baggage should be left unlocked when checked in.
- The Customer is obliged to only carry items which are exempt from customs duties based on the type and quantity of the goods.
- Notification obligation for high-risk trips:
Children and minors
We recommend that infants between 0 and 3 years are carried in appropriate child safety seats. During the journey, these must be secured with the seat belts located on the buses. The child safety seats must be secured with 2-point belts and provided by the adults accompanying the small children in question. In this case, responsibility lies with the person supervising the child. The bus driver reserves the right to refuse carriage if a child safety seat is lacking.
Carriage of luggage and other items
- The Customer is responsible for the loading and unloading of luggage items themselves. There is no entitlement to luggage loading by the bus driver or other bus staff.
- Travel luggage, special luggage
- As a general rule, only one luggage item may be carried per passenger, with a maximum size of 67 x 50 x 27 cm. Luggage includes suitcases and bags. An exception to this is the transport of trekking backpacks. In all cases, the Customer has no claim to the carriage of baggage over and above the items specified above.
- However, deviations from the provisions of Section 8.2.1 are permissible after prior consultation with FlixBus and registration of the extra luggage. This is on the condition that the carriage of extra luggage is possible and the Customer has received confirmation from FlixBus.
- Furthermore, in deviation from Section 8.2.1, the carriage of so-called special luggage (this includes items such as musical instruments, skis or similar, buggies and bicycles) may be permitted after prior registration with FlixBus. This is on the condition that the carriage of extra luggage is possible and the Customer has received confirmation from FlixBus. The carriage of musical instruments in hard shell cases is generally recommended. Baby strollers must be collapsible.
- Valuable items, such as cash, jewelry, precious metals, keys, glasses (sunglasses and/or reading glasses), electronic devices (laptops, iPads, tablets, MP3 players, cell phones, cameras), contact lenses, artificial limbs, medication, important documents (diploma certificates, other certificates, credentials, passports, driving licenses, securities), etc. and fragile objects must be conveyed in hand baggage, not normal baggage, and it is the obligation of the passenger to look after them. Should passengers nonetheless choose to place valuable items in their normal baggage, no liability claims shall be accepted. Cases of intent or gross negligence shall be exempted from the above.
- Hand luggage
- Hand baggage is carried free of charge, but is limited to one item per passenger, with a maximum size of 42 x 30 x 18 cm and a maximum weight of 7 kg.
- The Customer must stow and monitor hand baggage in the passenger area in a manner which ensures that the safety and orderly operation of the bus is not compromised and other passengers are not inconvenienced. Hand baggage should, in principle, be stowed in the baggage racks in the passenger area or placed under the seats in front of passengers.
- Dangerous substances and objects are not permitted during travel, in particular:
- explosive, flammable, radioactive, foul-smelling or corrosive substances,
- unpackaged or unprotected items which could injure passengers.
Carriage of animals
- As a general rule, the carriage and transport of dogs and other animals in charter buses is excluded.
- However, in deviation from Section 9.1 and subject to prior registration with FlixBus, the carriage of dogs and other animals may be possible if permitted after prior consultation with the contracted bus partner.
- Any liability in relation to the contract shall be governed by statutory provisions. The provisions of sections 280 et seqq. of the BGB (Bürgerliches Gesetzbuch [German Civil Code]) are to be noted in particular.
- FlixBus is not liable for service disruptions caused by force majeure, as well as major impediments, endangerment or impairments of any kind due to non-foreseeable circumstances, such as war or warlike events, hostilities, insurgency or civil war, detention, confiscation or obstruction by state bodies or other persons, road blocks, quarantine measures, as well as strikes, lockouts or walkouts for which the company is not responsible.
- Contractual claims will expire one year after the end of the trip as agreed in the contract. This does not include liability for intent. The limitation period is suspended for as long as negotiations are ongoing between FlixBus and the Customer regarding the claim, or the circumstances surrounding the claim. This suspension will end if one party refuses to continue negotiations. For claims arising from unlawful acts, the statutory limitation periods apply.
- Liability for delays
- FlixBus is not liable for minor delays in the departure time. This does not apply if the delay is caused by intent or gross negligence on the part of FlixBus.
- FlixBus is not liable for delays in the arrival time. The schedule information with regard to departure and arrival times which is provided at the time of booking is merely an estimate based on experience. These time estimates are merely used for the purpose of rough scheduling and estimating the trip time. The Customer has no claim to an observance of this trip time. This does not apply if the delay is caused by intent or gross negligence on the part of FlixBus.
- The contractual liability of FlixBus for damages not caused by an accident and not involving physical injury is limited to a damage sum of €1,000 per claim, provided that the damage was caused neither intentionally nor through gross negligence.
- Liability is excluded in cases where the loss of baggage items is not related to an accident involving the use of the bus or is due to the misplacement or theft of said baggage items, except where caused by intent and gross negligence.
- FlixBus assumes no liability for damage or a compounding of damage which is caused by improper packing of baggage items by the passenger, except in cases of intent or gross negligence.
- The level of compensation in cases of death and personal injury is limited to €220,000 per passenger, whereby the level of compensation within the scope of application of the StVG (Straßenverkehrsgesetz [German Road Traffic Act]) remains expressly reserved.
- The minimum level of compensation in the event of damage to wheelchairs and other mobility equipment or assistive devices, is equal to the replacement value or the cost of repair of the lost or damaged equipment. In the process, all efforts will be made to procure at least a temporary replacement of the same, which corresponds to the technical and functional features of the lost or damaged wheelchair or other mobility equipment.
- The liability limitations and liability exclusions stated do not apply in the event of liability that is mandatory by law and regardless of negligence or fault, or if a guarantee regardless of negligence or fault has been assumed in a specific individual case.
- The provisions set forth in Section 10.2 apply equally to claims arising from statutory liability requirements.
- No liability will be assumed by the bus driver or other bus staff with regard to baggage loading. This does not apply to cases where the damage was caused by intent or gross negligence. Section 10.3 applies accordingly.
The place of jurisdiction for general merchants, for legal and natural persons who have no general place of jurisdiction in Germany, as well as for natural persons who have established their legal domicile or their usual place of residence overseas after concluding a contract of carriage, or whose legal domicile or usual place of residence is unknown at the time the claim is filed, is Berlin. The implementation of the contract shall be governed by German law. For consumers, the binding legal provisions that grant protection to consumers in their respective country of residence remain unaffected by this choice of law clause.
If individual provisions within these General Terms and Conditions of Carriage should be or become entirely or partially ineffective or void, this shall, in principle, not compromise the efficacy of the contract of carriage as a whole.