General Terms and Conditions of Business and Carriage

These terms apply to all contracts of Freiburger Reisedienst GmbH & Co. KG (hereinafter “FRD”) whose subject matter is the carriage of persons and their luggage in the name of or on behalf of FRD.

This includes all journeys within the approved scheduled service, in particular on the Freiburg – Basel/Mulhouse Airport – Freiburg route (airport bus line), as well as other generally or individually commissioned journeys.

In scheduled services, FRD’s contracting party is the passenger. For transport orders placed by companies/clients for multiple persons, the contracting party is the respective company/client.

In such cases, the company/client undertakes vis-à-vis FRD to inform its passengers about these terms and to require them to comply with them.

If the company/client has not effectively established these terms, the company/client shall be liable for any material or immaterial damage incurred by FRD as a result, provided and to the extent permitted by law. FRD may refuse carriage where this gives rise to good cause.

If the commissioning company/client wishes to make its own terms the basis of the contract, such terms shall only become effective if FRD has declared its written and explicit consent. Implied or tacit consent by FRD is excluded. The requirement of written form and express declaration may only be deviated from by a separate individual agreement complying with the written form.

If the company/client makes its own terms the basis of an offer/order, FRD’s declaration of acceptance constitutes a modified offer subject to the exclusive application of these Terms and Conditions.

Each passenger requires a valid ticket for the journey or proof of entitlement through the company/client of the commissioned journey.

This entitles the passenger to transport by FRD on the booked journey. A fixed seat reservation is not possible.

• Ticket validity: Tickets are offered for one-way journeys or for outward and return journeys. For outward and return tickets, the return journey must be commenced within 3 months after the outward journey taken; otherwise the entitlement to carriage expires. In such cases, the pro rata fare will be refunded upon request. If the outward journey has not been commenced within three months after booking, the entitlement to carriage expires. In such cases, the pro rata fare will be refunded upon request.

• In scheduled services, due to the binding nature of the booked journey, the entitlement to carriage expires if the passenger does not commence the journey despite FRD being ready to perform. The fare will then be refunded upon request less a processing fee of five euros. If the passenger is unable to commence the journey due to a delay or cancellation of the booked journey, the passenger may, on a scheduled service journey, use the next individually bookable journey on that line, provided sufficient seats are available on that alternative journey. The journey binding is waived to that extent. Otherwise, the fare will be refunded upon request. In commissioned transport for commissioning companies/clients, the entitlement to carriage generally applies only to the commissioned journey/journeys. This includes the commissioned route, date and time, number of persons, etc. No ticket is issued for this and is therefore not a prerequisite for the entitlement to carriage.

• Personalisation and identification requirement: All tickets are issued in the passenger’s name (personalised) and are not transferable to other persons. Each passenger is legally obliged to carry a valid official photo ID (identity card or passport). The driving staff are entitled to check the correspondence between ticket and ID as well as the presence of valid border-crossing documents before departure. If a passenger is refused carriage due to missing documents or carriage is prohibited by border authorities, there is no entitlement to a refund of the fare.

• Replacement: In the event of loss of a ticket, there is generally no entitlement to a replacement ticket in order to prevent misuse by third parties. However, if the passenger can prove beyond doubt before departure of the booked journey that the ticket could not have been misused, FRD will issue a replacement ticket for a processing fee of €5.00.

Tickets may only be purchased and paid for before departure as follows:

• On the bus from the driving staff and at the company office, in each case by cash payment (for security reasons, banknotes may only be accepted by the driving staff up to a maximum individual denomination of €100.00), debit card or credit card (where technically possible on site). FRD is not required to accept foreign currencies.

• Online (website): via our electronic booking process (credit card, instant bank transfer, PayPal, Google Pay, Apple Pay).

The following generally applies to payment service providers: electronic payments (card payments on site, where technically possible in the individual case, and online payments) are processed via external service providers. For electronic payment methods, the terms of use and privacy policies of the respective payment service provider also apply (e.g. PAYONE, S-Payment GmbH).

Chargebacks and reversals: If the passenger initiates an unjustified reversal (e.g. credit card chargeback, direct debit reversal or unjustified buyer protection claim), the passenger must reimburse FRD for the actual costs incurred as a result (in particular the return fees charged by payment service providers).

Transport orders from companies/clients must be paid no later than one week after invoicing and receipt of the invoice. Default therefore occurs without a reminder on the eighth day after receipt of the invoice.

For commissioned journeys, FRD may request from the company/client, before commencement of the journey, an advance payment of up to 30% of the order value estimated at reasonable discretion and may refuse to perform the journey until security has been provided if payment is not made.

For contracts for the carriage of persons on a specific date or during a specific period, there is no statutory right of withdrawal pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB).

However, as a gesture of goodwill, FRD generally grants its scheduled-service passengers the option to cancel purchased tickets up to 24 hours before the scheduled departure under the following conditions:

At the passenger’s choice, the passenger will receive either a value voucher in the amount of the full ticket price (redeemable for future FRD journeys) or a refund of the fare to the original payment method less a processing fee of €5.00 per ticket.

Where important reasons exist, FRD may refuse the passenger this goodwill cancellation option. In particular, the passenger must always prove in advance that misuse of the cancelled ticket through subsequent use has been prevented. A breach of this obligation gives rise to claims for damages by FRD.

Luggage is carried on all journeys exclusively within the available capacity and subject to the following conditions.

• Free luggage allowance: Each passenger may carry, free of charge, one item of hand luggage (max. 50 x 30 x 25 cm (length x width x height)) in the passenger compartment (not on seats and only in accordance with safety regulations or instructions of the driving staff) and one suitcase (max. 80 x 40 x 30 cm (length x width x height), max. 30 kg) in the luggage compartment.

• Excess luggage: Larger, heavier or additional items of luggage (hand luggage and suitcases) may, where applicable and only if sufficient space and loading capacity are available, be transported for an additional charge and then exclusively in the luggage compartment. There is no entitlement to this. The decision rests with the driving staff. Each item of luggage is assessed according to its individual weight and dimensions. Aggregation of individual dimensions or weights across several items of luggage is excluded. Each kilogram (exceeding the individual weights of the permitted hand luggage item or suitcase as stated above, or the individual weight of excess luggage items) costs four euros including VAT and must be paid before departure.

• Labelling & packaging: Travel luggage must be securely closed, packaged in a customary manner for transport and labelled with name and telephone number for identification. No liability is accepted for damage to insufficiently packaged and/or fragile items. Luggage is loaded exclusively by the driving staff.

• The passenger is obliged to ensure before departure that their luggage has been properly loaded and to collect it immediately upon arrival and check its condition. Subsequent claims for damages are excluded after departure from the place of disembarkation, provided the damage could not have been discovered on site even through comprehensive inspection by unpacking, to the extent permitted by law.

• Dangerous luggage: Items of luggage that pose a danger or that may not readily be transported, imported or exported due to statutory provisions (e.g. hazardous substances, explosive objects, highly flammable materials, legally prohibited weapons, dangerous goods, illegal items, other items that endanger safety or order, etc.) are excluded from carriage. This also applies, of course, if such items are packed inside luggage. The driving staff may inspect luggage without specific cause for compliance and may refuse carriage of the luggage in the event of a violation.

• Prams: Are deemed to be regular items of luggage.

• Bicycles and sports equipment: There is no entitlement to carriage. Carriage is generally only possible if sufficient capacity is available and after prior registration with FRD (at least 48 hours before departure). The decision rests with FRD/the driving staff. The costs for this are to be negotiated individually.

• Animals: Animals in closed and suitable transport boxes are treated as items of luggage. The size and weight limits stated above apply. There is generally no entitlement to carriage. The carriage of animals outside a transport box is also and in particular at the discretion of the driving staff. If carriage is accepted, an adult ticket must be purchased for them. Securing, leash and muzzle requirements are mandatory. Guide dogs for the blind and assistance dogs are always carried free of charge.

• Right to issue instructions and rules of conduct: The instructions of the driving staff must always be followed. Smoking and alcohol are strictly prohibited throughout the bus. Passengers who persistently disrupt operations, harass fellow passengers or are intoxicated may be excluded from carriage.

• Seat belt requirement: If the vehicle is equipped with seat belts, the statutory seat belt requirement applies throughout the journey.

• Soiling and damage: In the event of soiling or damage to the bus or its equipment, the person responsible must compensate FRD for the cleaning or repair costs as well as any resulting loss of use.

• Unaccompanied minors: Children and young people under the age of 14 may only be carried when accompanied by an adult person with parental authority or a supervisor authorised in writing by such person. For young people aged 14 and over travelling alone, FRD expressly assumes no duty of supervision before, during or after carriage. A ticket for a minor may only be purchased by an adult.

FRD has unlimited liability only in cases of intent and gross negligence by the personnel deployed. This limitation of liability does not apply in the event of injury to life, body or health.

In the event of slightly negligent breach of material contractual obligations (cardinal obligations), whose fulfilment is essential for the proper performance of the contract, liability is limited to the typical, foreseeable damage.

FRD accepts no liability for service disruptions, cancellations or delays caused by force majeure (e.g. extreme weather conditions, unforeseeable road closures, traffic jams, strikes, etc.) or by circumstances attributable to the passenger. There is no entitlement to reaching connecting services (e.g. flights or trains). The passenger is responsible for choosing a connection with sufficient time buffer for any desired onward connections.

FRD’s liability for luggage is governed by statutory provisions and the following conditions. Valuables (e.g. cash, jewellery, electronic devices) as well as sensitive or fragile items may only be carried in hand luggage and at the passenger’s own risk. FRD’s liability for damage to luggage in the luggage compartment is limited to damage caused intentionally or by gross negligence by the driving staff.

Items left behind or lost property will be stored at the company office for a maximum of two months and may be handed over there against proof of ownership. A storage fee of €2.00 per day commenced will be charged. Shipment is made exclusively by prior agreement, at the passenger’s risk and expense. After expiry of the two-month period, FRD reserves the right to sell, otherwise realise or dispose of the items. No liability is generally accepted for lost property, to the extent permitted by law.

The provisions of Regulation (EU) No. 181/2011 concerning the rights of passengers in bus and coach transport apply in their currently valid version, unless they have been validly derogated from by the preceding terms.

Further information on passenger rights can be found on our website under the corresponding link to passenger rights.

The European Commission provides an online dispute resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr/.

FRD is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

• The place of performance is FRD’s registered office.

• For contracts with merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction is FRD’s registered office. For consumers, the statutory places of jurisdiction apply.

• The law of the Federal Republic of Germany applies.

• Should individual provisions of these terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision.

FRD collects, stores and processes personal data in accordance with the applicable statutory data protection provisions and FRD’s own data protection provisions, which are available on its website, in the vehicles and at the company office.

By purchasing a ticket or placing an effective order for the performance of a more specifically determined journey, the passenger/company/client accepts such collection, storage and processing for the performance of the contractual services and the fulfilment of statutory obligations by FRD.