§ 1 Scope
- The General Conditions of Carriage apply to the transport of persons and property in bus and regular services by motor vehicle. The competent approval authority may, in consideration of special circumstances, accept requests for derogations from the provisions of this Regulation.
§ 2 Entitlement to promotion
- Entitlement to transport exists if, in accordance with the provisions of the Passenger Transport Act and the legislation enacted pursuant to this Act, a duty of carriage exists. Things are carried only in accordance with §§ 11 and 12.
§ 3 Persons excluded from the transport
- Persons who pose a risk to the safety or order of the business or to the passengers are excluded from the carriage. Insofar as these conditions are met, it is particularly excluded
- Persons under the influence of alcoholic beverages or other intoxicants,
- Persons with infectious diseases,
- Persons with weapons that fall under the Arms Act, unless they are entitled to fire firearms. Exceptions can be made for historical costume parties (Landshut wedding).
- Non-compulsory children before the age of 6 years may be excluded from carriage, provided that they are not accompanied throughout the journey by persons who are at least 6 years old; the provisions of paragraph 1 remain unaffected.
§ 4 Behavior of the passengers
- Passengers have to behave in the use of the facilities and vehicles as it is necessary to ensure the safety and order of the operation, their own safety and the consideration of other persons. Instructions of the operating staff are to be followed.
- Passengers are in particular prohibited
- to talk to the driver while driving,
- to open the doors on their own while driving and outside the stops,
- Throw objects out of the vehicles or let them protrude
- while jumping up or down,
- to enter a vehicle called occupied,
- to impair the usability of the facilities, passageways and entrances and exits through bulky items,
- to smoke on underground platform facilities,
- to smoke in the vehicles,
- Sound reproducers, radio receivers or musical instruments. The use of audio players and audio receivers with headphones is allowed provided that other passengers are not bothered.
- Put feet on the seats.
- To consume drinks and food in the vehicles.
- Passengers may only enter and leave the vehicles at the stops; Exceptions require the approval of the operating staff. Insofar as specially marked entrances or exits are available, these are to be used when entering or leaving the vehicles. It is quick to get in and out and move up into the car. If the upcoming departure is announced or closes a door, the vehicle may not be entered or left. Every passenger is obliged to always get a firm hold in the vehicle. By marking the buses it can be determined that only the front of the driver may enter (controlled entry). The driver can allow exceptions.
- The supervision of children is the responsibility of the companions. In particular, they must ensure that the children do not kneel or stand in the seats and have seatbelts fastened in accordance with road traffic regulations or are secured in a child restraint.
- If a passenger, despite a warning, violates the duties incumbent on him under paragraphs 1 to 4, he may be excluded from the carriage.
- In case of contamination of vehicles the entrepreneur will charge cleaning costs; further claims remain unaffected.
- Complaints are - except in cases of § 6 (7) and § 7 (3) - not addressed to the driver, but to the supervisory staff. Insofar as complaints can not be dealt with by the supervisory staff, they must be addressed to the administration of the contractor, stating the date, time, car and line name and, if possible, enclosing the ticket.
- Anyone who improperly operates the emergency brake or other safety devices has to pay an amount of 15 euros, without prejudice to prosecution in criminal or fines proceedings and further civil claims.
§ 5 Assignment of cars and seats
- The personnel may refer passengers to certain wagons if this is necessary for operational reasons or to fulfill the duty of carriage.
- The staff is entitled to assign seats to passengers; There is no entitlement to a seat. Seats are reserved for the severely handicapped, those with disabilities, elderly or infirm, expecting mothers and passengers with small children.
§ 6 Fees, tickets, their sale and stamping
- For transport, the fixed transport charges must be paid;
- If, on entering the vehicle, the passenger is not provided with a valid ticket for this journey, he must immediately and unsolicitedly obtain the required ticket.
- If the passenger is provided with a ticket upon entering the vehicle which is to be canceled, he must hand it over to the operating personnel immediately and unsolicited for validation; in vehicles with validators, the passenger must immediately validate the ticket according to the transport route and be convinced of the cancellation.
- The passenger must keep the ticket until the end of the journey and, upon request, immediately show it to the operating staff for inspection or hand it over.
- If the passenger fails to fulfill a duty under paragraphs 2 to 4 despite a request, he may be excluded from the carriage; the obligation to pay a higher fare according to § 9 remains unaffected.
- Wagons or wagon parts in conductorless operation may only be used by passengers with valid tickets. Insofar as the controlled advance entry in accordance with § 4 is required, passengers who already have a ticket must show it to the driver without being asked. In the case of ticket sales via a mobile device (mobile phone ticket), the general terms and conditions for the mobile phone ticket apply in addition. The mobile phone ticket is valid only in conjunction with the required control medium as a valid ticket. A purchase after departure is not allowed. In the ticket inspection, the user has to make the ticket visible on the terminal. The terminal is to hand over the terminal equipment for inspection purposes on request.
- Complaints of the ticket must be made immediately. Subsequent complaints will not be considered.
§ 7 means of payment
- The fare should be kept counted. The driver is not obliged to change amounts of more than 5, - Euro and to accept one and two pieces of more than 10 cents as well as heavily damaged banknotes and coins.
- As far as the driver can not change amounts of money over 5, - Euro, the passenger must issue a receipt for the amount withheld. It is up to the passenger to pick up the change upon presentation of the receipt at the management of the entrepreneur. If the passenger does not agree with this regulation, he has to cancel the journey.
- Complaints about the change or the receipt issued by the driver must be made immediately.
§ 8 Invalid tickets
- Tickets used in contravention of the conditions of carriage or the fare are invalid and will be withdrawn; this also applies to tickets, the
- are not completed in accordance with the regulations and, despite a request, are not completed immediately,
- are not provided with attached token,
- torn, cut or otherwise badly damaged, heavily soiled or illegible, so that they can no longer be tested,
- be changed arbitrarily,
- be used by unauthorized persons,
- be used for other than the permitted trips,
- due to expiration of time or for other reasons.
- be used without the required photograph.
Fare is not refundable.
- A ticket entitling to travel only in connection with an application or a personal identification card provided for in the fare is considered invalid and may be withdrawn if the application or identity card is not presented on request.
§ 9 Increased fare
- A passenger is required to pay an increased fare if he / she is
- has not obtained a valid ticket,
- has obtained a valid ticket, but can not show it during a check,
- the ticket has not been validated or has not been validated without delay within the meaning of Section 6 (3) or has been validated; or
- does not show or hand over the ticket on request.
A prosecution in criminal or fine proceedings remains unaffected. Rules 1 and 3 shall not apply if the procurement or cancellation of the ticket has been omitted for reasons for which the passenger is not responsible.
- In the cases of paragraph 1, the entrepreneur may charge an increased transport fee up to 60, - Euro. However, he may levy twice the fare for a single journey on the route covered by the passenger, provided that this results in a higher amount than in the first sentence; In this case, the increased fare can be calculated according to the starting point of the line if the passenger can not prove the distance traveled.
- In the case referred to in paragraph 1 point 2, the increased fare shall be reduced to EUR 7.- if the passenger proves within the week of the determination date to the administration of the company that he held a valid personal time card at the time of establishment.
- If invalid time tickets are used, further claims of the transport company remain unaffected.
§ 10 Refund of transport fee
- If a ticket is not used for the journey, the fare will be reimbursed on application and on presentation of the ticket. Proof of non-use of the ticket is the passenger.
- If a ticket is only used for part of the journey, the difference between the fare paid and the transport charge required for the journey covered will be refunded upon presentation of the ticket. Proof of only partial use of the ticket is the passenger.
- If a time card is not used or only partially used, the ticket price for the season ticket will be reimbursed, taking into account the transport charge for the individual journeys made, upon presentation of the ticket. For the determination of the time up to which single trips - two trips per day - are deemed to have taken place, the day of the return or deposit of the time card or the date of the postmark of the sending of the time card by post shall be decisive. An earlier date can only be taken into account if the certificate from the doctor, hospital or health insurance company, accident or death of the passenger is provided. When deducting the transport charge for the individual journeys carried out, a reduction is only based on the existence of the requisite prerequisites, and otherwise the transport charge for a single journey.
- Applications pursuant to paragraphs 1 to 3 shall be submitted to the administration of the company without delay, at the latest within one week after expiry of the validity of the ticket.
- From the amount to be refunded, a processing fee of 2.00 Euro and any transfer fee will be deducted. The processing fee and the transfer fee will not be deducted if the refund is requested due to circumstances for which the entrepreneur is responsible.
- In the case of exclusion from the promotion, there is no entitlement to reimbursement of the remuneration paid, with the exception of § 3, para. 1 sentence 2 no.
§ 11 Carriage of property
- A claim for the transport of things does not exist. Hand luggage and other things are carried while the passenger is traveling and only if this does not endanger the safety and order of the operation and other passengers can not be bothered. The transport of bicycles and electro-assisted two-wheelers in the bus is excluded.
- An accompanying ambulance lift, as far as the nature of the bus permits this, and other orthopedic aids of a severely handicapped will be transported free of charge upon presentation of the official identity card.
- The use of electrically driven light vehicles, so-called "e-scooters", is permitted in buses that comply with the technical requirements for transport - recognizable by a pictogram visible on the bus - and within the scope of operational possibilities. The obligation to take delivery is limited to the e-scooter approved by the manufacturer for carriage on public buses, which are marked by a visibly attached pictogram.
- The transport excludes dangerous substances and dangerous objects, in particular
- explosive, highly flammable, radioactive, foul-smelling or corrosive substances,
- unpackaged or unprotected items that could injure passengers,
- Objects that protrude beyond the carriage boundary.
- The obligation to carry infants in pushchairs is governed by the rules of the
§ 2 sentence 1. If possible, the operating staff should ensure that passengers with a child in the stroller are not rejected. The decision about the takeover lies with the operating staff.
- Passenger shall keep and supervise items carried in such a way that the safety and order of the operation is not endangered and other passengers can not be bothered.
- The passenger is liable for any damage caused by inadequate security of the goods carried by himself, the goods carried, the transporting company or third parties.
- The staff decides on a case-by-case basis whether things are allowed to be transported and where they are to be accommodated.
§ 12 Carriage of animals
- Carriage of animals shall be subject to § 11 (1), (4) and (5).
- Dogs are only transported under the supervision of a suitable person. Dogs that can endanger fellow travelers must be muzzled.
- Guide dogs accompanying a blind person are always allowed to travel.
- Other animals may only be taken in suitable containers.
- Animals may not be accommodated in seats.
§ 13 Lost property
Lost property must be delivered immediately to the operating personnel in accordance with §978 BGB. A lost property is returned to the loser by the lost property office of the company for payment of a retention fee. Immediate return to the loser by the operating staff is permitted if he can prove himself as a loser. The loser has to confirm receipt of the item in writing.
§ 14 Liability
The entrepreneur is liable for the killing or injury of a passenger and for damage to the goods that the passenger carries or carries with him, in accordance with the generally applicable provisions, but for damage to property liable the entrepreneur towards each transported person only up to the maximum amount of € 1,000 , 00; the limitation of liability does not apply if the damage to property is due to intent or gross negligence.
§ 15 Statute of limitations
§ 16 Exclusion of compensation claims
Deviations from timetables due to traffic obstructions, malfunctions or interruptions as well as lack of space justify no claims for compensation; In this respect, no guarantee is given for the compliance with connections.
§ 17 Jurisdiction
The place of jurisdiction for all disputes arising from the contract of carriage is the registered office of the entrepreneur.
§ 18 Entry into force
This regulation comes into force from the date of publication, but at the earliest from 01.01.2019.