General Terms and Conditions & General Terms and Conditions of Carriage for FlixBus Rentals
Conclusion of the Contract
- The booker (hereinafter: Customer) makes the reservation for himself 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 may only be concluded by adults.
- The price displayed is a non-binding request to submit an offer on the part of the passenger. By clicking on the booking button and confirming, the Customer makes a legally binding offer to FlixBus, stating that he wishes to be carried for the total price shown. The contract of carriage comes into existence when FlixBus sends the confirmation of receipt, 14 days before the scheduled departure time. The price may also be displayed within a price range. FlixBus may thus unilaterally set a price within the price range, as defined by Section 315 (1) German Civil Code (BGB), taking price-relevant factors into consideration (departure time, availability, etc.). The contract may only come into existence at the maximum price stated. The individual price will be communicated to the passenger in writing within a defined time period. This notification represents a binding offer on the part of FlixBus. The passenger may accept this binding price offer within the defined time period (Section 148 BGB). Acceptance takes the form of a written declaration of acceptance to FlixBus. After the time period has lapsed, acceptance under the proposed conditions is no longer possible. It is also possible that the price is displayed after a non-binding price inquiry by the passenger after he has entered his required travel data. The individual price displayed will be communicated to the passenger in writing within a defined time period. This notification represents a binding offer on the part of FlixBus. The passenger may accept this binding price offer within the defined time period (Section 148 BGB). Acceptance takes the form of a written declaration of acceptance to FlixBus. After the time period has lapsed, acceptance under the proposed conditions is no longer possible.
- The subject matter of the contract is the successful transport service, as defined by the Customer. The Customer has no claim to the number of persons named being carried together, i.e. in a single bus. A separation, e.g. a group split over two buses, does not have a negative influence on the fulfillment of the contract.
- Likewise, FlixBus reserves the right to combine such group separations with other (outside) groups of people. In exceptional cases, other modes of transport (e.g. taxis) may be used.
Payment of the Trip Price; Composition of the Price
- The trip price will be due as stated in the offer. The passenger will be notified of the upcoming debiting of the trip price three days before this is due.
- If the passenger fails to make payment on time, FlixBus reserves the right to claim any applicable default charges from him. Furthermore, FlixBus reserves the right to terminate or cancel 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
- Statement of billing address
- Special conditions for payment by direct debit or credit card:
- Purchase by direct debit; direct debit authorization; processing fee for return debit notes
- For payment by direct debit, a bank account (IBAN and BIC) as well as the Customer's first name and surname are required for a clear allocation. 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 specified in the order process at the bank specified therein (debit account). You hereby grant PayMill GmbH a SEPA direct debit mandate to collect all payments due and at the same time instruct your bank to honor the direct debit. Note: You may demand a refund of the amount debited within eight weeks of the debit date. The conditions arranged with your bank apply. Please note that the receivable due will continue to exist even in the event of a return debit note. You can find more information at www.paymill.com/de/sepa. You will be notified by e-mail, to the e-mail address provided in the order process, of the SEPA direct debit collection at least one day before this is due. If there are insufficient funds in your debit account, the bank is not obliged to make the payment. Partial payments are not possible in the direct debit method.
- By providing a debit account, you confirm that you are entitled to use the debit account for direct debits and will ensure there are sufficient funds in the account. Return debit notes are expensive and time-consuming for us 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 unwarranted objection by the account holder), you authorize PayMill to attempt to collect the direct debit payment for the payment obligation due one more time. In such an event, you will be obliged to pay the bank fees incurred by the return debit note. The Customer has the chance to provide proof that lower or no costs were incurred by the reverse payment. Given the effort and expense involved for return debit notes and to avoid the processing fee, we recommend that you do 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 an event, after consultation with us, the payment will be reversed by means of refund by bank transfer of the amount concerned, or by credit note. Claims of further damage caused by default are not excluded.
- Purchase by credit card
- If you pay by credit card, the customer account will be charged upon completion of the booking as of the due date specified. When paying by credit card, the Customer instructs his bank upon booking to provide the customer name and full address to FlixBus or a third party engaged by FlixBus upon request in the event of a reverse payment, so that FlixBus can assert its claims against the Customer.
- The Customer will pay the bank fees incurred in the event of a reverse payment. In addition, cancellation fees or surcharges for changing bookings may be incurred. The passenger may provide proof that lower or no costs were incurred by the reverse payment. In the event of reverse payments, the Customer may be temporarily or permanently blocked from making payment by credit card.
- After an unsuccessful dunning run by FlixBus, the claims may be passed on to an external service provider for further processing. FlixBus may transfer all of the debtor's personal data required to this external service provider.
- Offsetting; right of retention
- The Customer will only have a right to offset claims if his counterclaims have been legally established or are uncontested or accepted by us. In addition, the Customer will only have a right to retention if and to the extent that his counterclaim is based on the same contractual relationship.
- If the Customer is in arrears with us with regard to any payment obligations, all existing debts from the same contractual relationship will immediately become due.
- 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 expenses 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 we or the booker may terminate the contract. The legal consequences apply as set forth in the law. For services already rendered, with regard to rescission, we refer in particular to the contractual claims from Sections 346 et seq. BGB, and for statutory claims to Sections 812 et seq. BGB.
- We are only entitled to change the agreed content of the contract of carriage on legally permissible grounds. Changes or deviations of individual travel services from the agreed content of the contract of carriage, which are necessary after conclusion of the contract and are not caused by us, are only permitted to the extent that these changes or deviations are not major and do not impact the overall design of the booked trip.
- 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, for instance to avoid unused seats or long approach routes due to unfavorable bus sizes. This may cause the trip price to increase in the website pricing system.
- We are obliged to notify the Customer of a permitted trip cancellation or a significant change to a major transport service immediately after becoming aware of it.
- Price changes are possible after conclusion of the contract of carriage in the event of an increase in the cost of carriage or the duties for certain services, such as port or aviation charges, to the extent that the increase in the cost of carriage or duties impacts on the carriage price for certain services per head/seat, if there are more than four months between receipt of confirmation/invoice and the agreed departure. If this is the case, the Customer will be notified immediately, by no later than 21 days before departure. Price increases thereafter are not permitted. In the event of a price increase of more than 5% of the trip price, or in the event of a significant change to a major transport service, the Customer is entitled to withdraw from the contract. The Customer is obliged to assert this right against us immediately after receiving notification of the change. We recommend the Customer does so in writing.
- In the event that the Customer or the passengers accompanying him cause exceptionally severe soiling of the bus, FlixBus reserves the right to invoice the Customer for any costs/damage. The same applies to damage to the bus itself (interior or exterior). In this regard, it is the consumer's responsibility to prove that he is not responsible for the damage or the damage to such an extent.
- In the event of a significant delay caused by the Customer or additional wishes expressed by the Customer during the trip, which lead to extra costs (e.g. parking fees, additional kilometers), FlixBus reserves the right to invoice the Customer for the costs thus incurred.
- Changes to bookings and trips are possible, subject to increased costs and while complying with the maximum legal driving times for the driver.
Withdrawal, Changing Bookings and Cancellation
- You may withdraw from the trip at any time before departure. If possible, withdrawals should be in writing, for reasons of proof.
- After making a booking, changes may be made to the booking. Major changes to bookings, which involve a significant difference in trip time, as well as changes to routes, may entail additional costs, which are to be defined by the carrier. The passenger will be informed by FlixBus about any cost increases in due time and in a suitable manner.
- Cancellations more than 14 days prior to the scheduled departure are free of charge. For withdrawals seven to 14 days prior to the scheduled departure, we require lump-sum compensation to the amount of 75% of the agreed total price of the trip. For withdrawals seven days or less prior to the scheduled departure, we require lump-sum compensation to the amount of 90% of the agreed total price of the trip. You are free to prove that no damage or less damage has occurred.
- Furthermore, FlixBus reserves the right to withdraw from a trip if the Customer has attracted negative attention after a previous booking, or claims for damages exist against him.
- Contractual liability is based on the statutory regulations. In particular, we refer to the regulations of Sections 280 et seq. BGB.
- FlixBus is not liable for service disruptions caused by force majeure as well as impediment, endangerment or impairment 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 blockades, quarantine measures, as well as strikes, lockouts or walkouts for which the company is not responsible.
- FlixBus is not liable for delays in departure time, provided that these are minor. 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 with regard to arrival time. The departure and arrival times stated at the time of the booking are merely estimated based on experience. These time estimates are merely for the purpose of rough scheduling and for 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.
- Our contractual liability for damages, not including physical injury, is limited to a damage sum of EUR 1,000, provided that the damage was caused neither intentionally nor through gross negligence, or the damage was caused solely by a service provider engaged by us. Statutory regulations limiting or excluding liability that are based on international agreements and on the basis of which the service provider engaged by us may appeal will apply, also in our favor.
- FlixBus assumes no liability for loss of luggage that was not related to an accident resulting from the use of the bus, or for misplacement or theft of luggage, unless caused by intent or gross negligence.
- FlixBus assumes no liability for damage or a compounding of damage caused by improper packing of luggage by the passenger, unless caused by intent or gross negligence.
- The amount of compensation in the event of death or physical injury is limited to EUR 220,000 per passenger, although the amount of compensation within the scope of the Road Traffic Act (StVG) expressly remains unaffected.
- Compensation in the event of damage to a wheelchair or other mobility aids or assistive devices will correspond at least with the replacement value or repair costs for the lost or damaged equipment. In this regard, every effort will be made to ensure that a replacement that corresponds with the technical and functional characteristics of the lost or damaged wheelchair or other mobility aid is found quickly, at least temporarily.
- 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 the individual case.
- The provisions put forth in Section 5.2 also apply to claims arising from statutory liability regulations.
- No liability will be assumed by the bus driver or other bus staff with regard to luggage loading. This does not apply to cases in which the damage was caused by intent or gross negligence. Section 6.5 applies accordingly.
- Any claims for damages not covered by Section 5.4 or 5.7 are limited to the price paid for the trip per booking.
Notification Obligation for High-risk Trips, Contractual Obligations and Notes
- The Customer is obliged to inform FlixBus prior to the trip (at least 14 days beforehand) of any "high-risk" trips. High-risk trips are in particular such trips which pose a risk to safety within the route to be driven – for example: trips to a soccer derby or demonstration – and where police protection can also be expected.
- In the event of such a high-risk trip, FlixBus is entitled to cancel the booked trip with the Customer/to withdraw from the contract. If FlixBus should withdraw/cancel the contract, the Customer will be informed of such within 14 days. Silence on the part of FlixBus, while the time period lapses, should therefore be taken as a non-assertion of its right to withdrawal and cancellation.
- If the Customer fails to notify FlixBus of a high-risk trip or fails to do so within the time period specified in 6.1.1, FlixBus reserves the right to abandon the trip, including at the scheduled departure time or during the trip. The Customer may not assert any claims for damages against FlixBus associated with such an aborted trip. This does not apply if FlixBus can be accused of intent or gross negligence. FlixBus reserves the right to assert any claims against the Customer – regardless of their legal nature – in this regard.
- Carriage will only take place on roads suitable for passenger transport by bus. If this is not taken into account upon booking, appropriate transport cannot be guaranteed. Any alternative driving directions given by the passengers that go against the bus driver's judgement are not permitted and will be solely the responsibility of the passengers. The carrier therefore assumes no liability. The carrier reserves the right to assert any claims for damages against the booking party.
- If the trip is not performed in compliance with the contract, the Customer will only have recourse to the statutory warranty rights of remedy, reduction in trip price, cancellation of the contract and compensation if the Customer did not culpably neglect to notify us of the irregularity during the trip.
- In the event of an irregularity, the Customer can only remedy the irregularity himself or, in the event of a severe irregularity, terminate the trip, if he grants us an appropriate time period to remedy the irregularity. No time period is required if such a remedy is impossible, is refused by us or cannot be enabled within a reasonable time period.
- Contractual claims expire one year after the contractually agreed end of the trip, not, however, before the tour operator is notified of the irregularity and not in the event of intent. The limitation period is suspended for as long as negotiations take place between you and us regarding the claim or the circumstances surrounding the claim. This suspension will end when one party refuses to continue negotiations. For claims from unlawful acts, the statutory periods of limitation apply.
- The Customer/passenger himself is responsible for loading and unloading luggage. There is no entitlement to luggage loading by the bus driver or other bus staff. In the event of unexpected help from the bus driver or other bus staff, this will purely be a courtesy; liability is thus excluded beforehand. This does not include cases involving liability due to intent or gross negligence.
- Please observe the maximum of one piece of luggage and one piece of hand-luggage per person. Please notify us of extra luggage before the trip begins.
- Upon conclusion of the contract, the customer must provide FlixBus with his mobile telephone number or another suitable contact number, in order to guarantee the necessary communication. The customer must be reachable at this number during the trip times.
- In the event of a high-risk trip or if there is above-average likelihood of soiling or damage to the bus (e.g. any kind of party trip), FlixBus reserves the right to block a deposit from the credit card provided. If no credit card is provided, the Customer must provide one upon request. As a deposit, a lump-sum of EUR 500 will be charged per bus used.
Place of Jurisdiction
The city of Munich is the place of jurisdiction. German law is applicable for the execution of the contract.
The invalidity of individual provisions within this contract will not result in the invalidity of the whole contract.