Contract terms

General terms and conditions for the hire of buses

(Conditions for the Hire of Buses – “MOB”)

VIP Bus Connection GmbH & Co. KG · As at August 2026

This is a translation of our German terms and conditions. It has not been reviewed by a lawyer. In the event of any discrepancy, the German version prevails, and German law applies to the contractual relationship (§ 19.1). We will gladly explain any provision to you in English: info@vip-bus-connection.de, phone +49 (0) 30 – 33 50 43 60.

Dear customers,

the following conditions govern the hire of buses including driving staff from VIP Bus Connection GmbH & Co. KG. They become part of the contract insofar as they are effectively incorporated.

Please read these conditions before placing an order. We recommend that you inform your tour guides and your passengers of the provisions concerning them – in particular § 5 (conduct during the journey) and § 14 (liability of the Customer) – and that you carry these conditions with you during the journey.

§ 1 Contracting parties, scope of application, legal basis

1.1 The Customer’s contracting party is VIP Bus Connection GmbH & Co. KG, Ordensmeisterstr. 40, 12099 Berlin (hereinafter “VIP”). The Customer is the party placing the order (hereinafter the “Customer”).

1.2 These conditions apply to contracts for the provision of buses including driving staff for consideration (occasional services with motor buses within the meaning of Section 49 of the German Passenger Transport Act (Personenbeförderungsgesetz, PBefG)) as well as to services directly connected with them.

1.3 The agreements made in the individual case take precedence in the contractual relationship, in particular those on the vehicle, the route, the times and the price. These conditions apply in addition, and beyond that the provisions on the hire of movable property (Sections 535 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, BGB)).

1.4 These conditions apply towards consumers (Section 13 BGB) as well as towards traders (Section 14 BGB). Provisions that apply exclusively towards traders are identified as such.

1.5 The following applies additionally and exclusively towards traders:

• a) These conditions also apply to future contracts of the same Customer with VIP, without their having to be incorporated again.
• b) The Customer’s terms and conditions do not become part of the contract, even if VIP does not expressly object to them.
• c) VIP and the Customer agree, pursuant to Section 651a(5) no. 3 BGB, that the provisions on package travel contracts (Sections 651a et seq. BGB) do not apply to travel services which the Customer acquires for business purposes. A business purpose is to be assumed where the invoice is issued to the Customer’s business.

1.6 VIP provides transport services only and does not act as a tour operator. Whether the Customer, by combining the transport with further services towards its passengers, itself acquires the position of a tour operator or travel agent, and which obligations arise for it as a result, is for the Customer to examine on its own responsibility. VIP owes no advice in this respect.

1.7 Mandatory statutory provisions remain unaffected, in particular those of passenger transport law, trade law and road traffic law as well as Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport.

§ 2 Formation of the contract

2.1 The Customer may submit enquiries without any particular form, in particular by telephone, by email or via the enquiry form on VIP’s website.

2.2 Information provided by VIP on available vehicles, prices and conditions is non-binding unless it is expressly designated as a binding offer.

2.3 By placing an order, the Customer submits a binding offer to conclude a hire contract. The Customer is bound by this offer for seven working days unless otherwise agreed. For evidentiary reasons, the order should be placed in text form.

2.4 The contract is formed when VIP’s order confirmation reaches the Customer. VIP sends the order confirmation in text form.

2.5 Where VIP submits an offer expressly designated as binding, the contract is formed – by way of derogation from clauses 2.3 and 2.4 – by the Customer accepting that offer unchanged and within the period stated. VIP is entitled, but not obliged, to treat late declarations of acceptance as valid; VIP will inform the Customer without undue delay if it does not do so.

2.6 Ancillary agreements, amendments and supplements should be recorded in text form for evidentiary reasons. This does not affect the validity of oral individual agreements (Section 305b BGB).

2.7 Where a person places the order for a group, an association, an institution, a public authority or a company, the Customer is exclusively the legal entity concerned, unless the order or the circumstances indicate otherwise. The acting person is liable for the Customer’s obligations only insofar as they have expressly and separately assumed such liability or are answerable as an agent without power of representation pursuant to Section 179 BGB.

2.8 In the case of contracts concluded by means of distance communication for the hire of a bus for a specific date or period, there is no right of withdrawal pursuant to Section 312g(2) no. 9 BGB. The Customer’s other statutory rights of cancellation and termination remain unaffected. Insofar as the Customer is entitled to a statutory right of withdrawal in an individual case, in particular in the case of contracts concluded away from business premises, VIP will instruct the Customer of this separately and in the form prescribed by law.

§ 3 Scope of services

3.1 VIP owes the provision on hire of the agreed vehicle including the driving staff for the agreed hire period and the agreed included kilometres. A transport result in the sense of a contract for work is not owed unless this has been expressly agreed.

3.2 Unless otherwise agreed, the agreed hire price includes: the provision of the vehicle, fuel and operating materials, the driving staff to the agreed extent, and the insurance cover required by law.

3.3 Unless otherwise agreed, the hire price does not include: tolls and road user charges, parking, entry and stopping fees, ferry costs, charges for environmental and special zones, and accommodation and meals for the driving staff on multi-day assignments. These costs are borne by the Customer. VIP informs the Customer before the contract is concluded of the nature and the expected amount of these costs.

3.4 The occasion and purpose of the journey form part of the basis of the contract only where this has been expressly agreed. If a destination, an event or a scheduled visit is cancelled in whole or in part, this does not affect the existence of the contract; § 10 applies.

3.5 VIP’s obligation to perform does not include the supervision of passengers. In particular, VIP assumes no duty of supervision when transporting minors.

3.6 VIP does not owe any safekeeping of items left behind in the vehicle or set down during loading and unloading. This does not affect claims arising from breaches of duty by VIP or the driving staff with regard to properly parking and locking the vehicle and the luggage compartments, or from technical defects of the vehicle.

3.7 The Customer informs VIP before the contract is concluded whether passengers with disabilities or reduced mobility will take part in the journey, and describes their assistance needs. This information is to be supplemented in good time before the journey begins. VIP provides assistance in accordance with Regulation (EU) No 181/2011 and by separate agreement. If a number of persons requiring assistance that is significantly higher than stated makes it necessary to use a different vehicle, additional staff or other special measures, an additional charge is payable for this.

3.8 On journeys abroad, the Customer is itself responsible for complying with passport, visa, entry, currency and customs regulations and for obtaining the necessary documents. The Customer instructs its passengers to carry the necessary papers. VIP owes no advice in this respect.

3.9 Without express agreement, VIP is not obliged to take out insurance for the benefit of the Customer or its passengers beyond the insurance required by law, or to point out such insurance. This applies in particular to travel cancellation, trip interruption and repatriation insurance.

3.10 The allocation of particular seats is a matter for the Customer. The driving staff is, however, entitled to allocate seats differently insofar as this is necessary in order to comply with statutory obligations or for safety reasons.

§ 4 Scheduling, driving and rest periods, time-critical journeys

4.1 VIP plans the assignment taking into account the routing, the expected traffic and weather conditions and the mandatory provisions on driving, working and rest periods (in particular Regulation (EC) No 561/2006 and German law on driving personnel, Fahrpersonalrecht). These provisions cannot be derogated from; the driving staff must not follow instructions that conflict with them.

4.2 The Customer communicates the route, the stops and waiting times and the intended schedule in full before the contract is concluded. If the Customer has knowledge of particular features of the route, the destination or the event – such as access restrictions, stopping bans or waiting times which experience shows to be long – it communicates these in good time.

4.3 Where the assignment serves to reach a destination at a fixed time, VIP is liable for timely arrival only insofar as VIP has breached a contractual or statutory duty. Delays caused by traffic conditions, weather, official measures or comparable circumstances for which VIP is not responsible do not give rise to any claim by the Customer.

4.4 If the hire period is extended for reasons attributable to the Customer’s sphere of responsibility, § 7.2 applies. If such an extension means that the prescribed driving and rest periods cannot be complied with, VIP is entitled and obliged to interrupt or end the journey. Any additional costs arising from this, in particular for replacement staff or overnight stays, are borne by the Customer.

4.5 If VIP takes special measures to avoid or remedy delays on the Customer’s instructions or by agreement with the Customer, the Customer reimburses the expenses necessary for this.

§ 5 Conduct during the journey, exclusion from carriage

5.1 The Customer bears responsibility for the conduct of its passengers, tour guides and other agents during carriage.

5.2 Instructions given by the driving staff must be followed insofar as they serve to comply with statutory provisions in Germany and abroad, to ensure safety, to ensure the proper course of the journey, or to avoid unreasonable impairment of the driving staff or of passengers.

5.3 Prescribed seat belts must be worn during the journey (Section 21a of the German Road Traffic Regulations (Straßenverkehrs-Ordnung, StVO)). Seats may be left only briefly; a secure hold must always be sought when doing so. By informing its passengers and instructing its tour guides, the Customer ensures that these provisions are observed.

5.4 Smoking – including the use of electronic cigarettes –, naked flames and the consumption of narcotics are prohibited in the vehicle. The consumption of alcoholic beverages requires VIP’s prior consent.

5.5 Dangerous substances and objects must not be carried. Bulky luggage, musical instruments, sports equipment, wheelchairs and comparable items must be notified before the contract is concluded; carrying them is subject to the capacity available.

5.6 Passengers who fail to comply with legitimate instructions despite being warned may be excluded from carriage where, as a result,

• a) statutory provisions in Germany or abroad are infringed,
• b) safety regulations are breached or the safety of the occupants or of third parties is objectively endangered,
• c) the proper conduct of the journey is considerably impeded or endangered, or
• d) other passengers are considerably and unreasonably impaired.

5.7 In the event of a justified exclusion, there are no claims against VIP for return carriage, price reduction or damages. Before an exclusion, the driving staff examines whether less severe measures – such as a different allocation of seats – are sufficient.

§ 6 Changes to the service and to the vehicle used

6.1 VIP is entitled to use a vehicle other than the one provided for in the contract where this becomes necessary after the contract is concluded and has not been brought about by VIP in bad faith. The replacement vehicle must be equivalent in capacity and equipment and must not impair the purpose of the contract.

6.2 VIP informs the Customer without undue delay of material changes to the service as soon as VIP becomes aware of them.

6.3 In the event of a significant change to a material contractual service, the Customer may cancel the contract free of charge. The Customer must exercise this right without undue delay after receiving the notification. Warranty claims for defective performance remain unaffected.

6.4 If the use of the intended vehicle is impossible for reasons outside VIP’s sphere of risk – for example due to unavoidable extraordinary circumstances, storm damage, theft, vandalism or a road traffic accident for which VIP is not responsible – clause 6.1 applies accordingly. If an equivalent replacement vehicle is also unavailable, § 11.3 applies.

6.5 Changes requested by the Customer after the contract is concluded require VIP’s consent. Any additional costs arising from this are borne by the Customer. If VIP consents to a reduction in capacity, route or hire period, VIP is entitled to use a correspondingly adjusted vehicle; this does not result in a reduction of the agreed hire price unless otherwise agreed.

§ 7 Hire price, additional services

7.1 The hire price agreed when the contract was concluded applies. Towards consumers, the prices stated are final prices including statutory value added tax. Towards traders, prices are exclusive of value added tax at the applicable rate unless stated otherwise.

7.2 The hire price relates to the agreed hire period and the agreed included kilometres. VIP charges for any excess at the rates for additional kilometres and for each commenced hour of extension of the hire period as stated in the order confirmation.

7.3 Additional costs resulting from changes to the service requested by the Customer, and the costs referred to in § 3.3, are charged separately.

§ 8 Terms of payment

8.1 Invoices are due for payment without deduction within the period stated in the order confirmation.

8.2 Whether a down payment is to be made, in what amount and by what date, as well as the due date of the balance, are set out in the order confirmation.

8.3 Payments are made by bank transfer. Other means of payment require prior agreement. What matters for the timeliness of payment is the credit entry in VIP’s account. Transfers must be made free of costs and charges for VIP.

8.4 In the event of default in payment, the statutory default interest applies. If the Customer fails to pay despite a reminder setting a reasonable deadline, VIP is entitled to cancel the contract and to charge the Customer the costs under § 10, provided that VIP is willing and able to perform and that the Customer has no right of retention.

8.5 The Customer may set off only against counterclaims that are undisputed or have been established by a final and binding judgment. The Customer has a right of retention only insofar as it is based on the same contractual relationship.

§ 9 Price adjustment

9.1 VIP is entitled to increase the agreed hire price by up to 10 per cent if, after the contract is concluded, the costs of fuel, tolls, staff or the taxes and levies attributable to the service increase, and this increase has a direct effect on the agreed hire price.

9.2 An increase is permissible only if more than four months lie between the conclusion of the contract and the agreed start of the hire, and the circumstances leading to the increase had neither occurred nor been foreseeable for VIP at the time the contract was concluded.

9.3 VIP informs the Customer in text form without undue delay after becoming aware of the reason for the increase, asserts the increase, and provides evidence of the reason for the increase and of its effect on the price.

9.4 If the costs referred to in clause 9.1 decrease after the contract is concluded, VIP passes the reduction on to the Customer according to the same criteria. The Customer may demand reimbursement of the difference.

9.5 If a permissible increase exceeds 3 per cent of the agreed hire price, the Customer may cancel the contract without any obligation to pay. The cancellation must be declared without undue delay after receipt of the request for an increase; a declaration in text form is recommended.

§ 10 Cancellation by the Customer, cancellation charges

10.1 The Customer may cancel the contract at any time before the start of the hire. Customers who are merchants or legal persons under private or public law must declare the cancellation in text form. All other Customers are strongly recommended to declare it in text form. What matters for the time of the cancellation is receipt of the declaration by VIP; where it is sent by email to info@vip-bus-connection.de, receipt occurs when it arrives in that mailbox.

10.2 In the event of cancellation, VIP may demand compensation. No compensation is charged where the Customer cancels up to and including the 11th day before the start of the hire. Otherwise VIP sets this compensation at a flat rate as follows, in each case in relation to the agreed hire price excluding the costs referred to in § 3.3:

10.3 The Customer reserves the right to prove that VIP has suffered no loss, or a substantially lower loss than the respective flat rate indicates. In that case the Customer owes only the lower amount. VIP reserves the right to prove that a higher loss has been suffered; in that case VIP must quantify and substantiate the amount claimed.

10.4 VIP endeavours, within the scope of ordinary business operations and without being obliged to make special efforts, to put the released vehicle to other use. VIP credits income from any other use, and expenses saved, against the compensation.

10.5 Third-party costs already incurred and non-refundable up to receipt of the cancellation – such as ferry, permit or reservation fees – are charged separately by VIP and evidenced.

10.6 VIP has no claim under this clause if, at the time of the cancellation, VIP was not willing or not able to perform, if the non-use is due to a circumstance for which VIP is responsible, or if the cancellation is attributable to a significant change to the service that VIP has made or announced and that is unreasonable for the Customer.

10.7 A reduction in the number of participants does not affect the agreed hire price unless the use of a smaller vehicle at an adjusted price is expressly agreed.

10.8 Different cancellation conditions may be agreed for individual journeys. Such an agreement is set out separately in the offer and in the order confirmation and takes precedence over this clause.

§ 11 Cancellation and termination by VIP

11.1 VIP may cancel the contract before the start of the hire, or terminate the contract after the start of the hire, if

• a) the Customer, despite a warning, breaches contractual or statutory obligations to a significant extent, or such breaches of duty are objectively to be expected, and VIP cannot reasonably be expected to adhere to the contract even taking the Customer’s interests into account,
• b) the Customer, its agents or its passengers breach safety or health regulations or otherwise objectively endanger the safety of the vehicle, the driving staff, the occupants or third parties, or
• c) the Customer is in default with a payment due under § 8.4.

11.2 In the cases covered by clause 11.1, VIP retains its claim to the agreed remuneration; § 10.3 and § 10.4 apply accordingly.

11.3 If performance of the service is made considerably more difficult, is endangered or becomes impossible as a result of force majeure or of unavoidable, extraordinary circumstances – for example war or warlike events, civil unrest, sovereign measures, road closures, natural disasters, epidemics or industrial action for which VIP is not responsible – either contracting party may terminate the contract.

11.4 In the event of termination under clause 11.3, VIP’s claim to the agreed remuneration lapses; VIP is, however, entitled to reasonable compensation for services already rendered. Cancellation charges under § 10 are not levied. Payments already made are refunded without undue delay insofar as they exceed the claim to compensation.

11.5 If VIP terminates after the start of the hire on the grounds set out in clause 11.3, VIP carries the passengers back at the Customer’s request insofar as this is possible and reasonable. There is a claim only to return carriage by bus. Additional costs of the return carriage are borne by VIP and the Customer in equal shares. Other additional costs, in particular for meals and accommodation for the passengers, are borne by the Customer.

§ 12 Official requirements

12.1 VIP provides the services in accordance with the official requirements in force at the time of performance, in particular those of passenger transport law, road traffic law and infection protection law. The Customer informs its passengers of the applicable requirements and works towards compliance with them.

12.2 If the permissible carrying capacity is restricted by official orders after the contract is concluded, VIP offers the Customer an adjusted performance, in particular the use of an additional vehicle against reimbursement of the additional costs, or the carriage of a reduced number of persons. If no agreement is reached, the rights of the parties are governed by § 11.3 and § 11.4. Statutory rights of both parties remain unaffected.

§ 13 Liability of VIP

13.1 VIP is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, where a guarantee has been assumed, under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG), and under the mandatory liability provisions of road traffic and passenger transport law.

13.2 In the event of a slightly negligent breach of a material contractual obligation, VIP is liable for the typical, foreseeable loss. Material contractual obligations are those obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

13.3 In all other respects, VIP’s liability is excluded.

13.4 The above limitations of liability also apply for the benefit of VIP’s legal representatives, employees and vicarious agents.

13.5 The statutory limitation of liability under Section 23 PBefG applies to damage to items carried. We recommend that you do not leave valuables, cash, identity documents, jewellery or electronic devices in the vehicle, but carry them on your person.

§ 14 Liability of the Customer, soiling and damage

14.1 The Customer is liable for damage to property and for financial loss suffered by VIP which is caused by the Customer, its tour guides, its agents or its passengers, insofar as the breach of the Customer’s own contractual or statutory duty was causal or contributed to the loss, and the Customer does not prove that neither it nor the persons named are responsible for the loss.

14.2 If soiling of the vehicle goes beyond the extent usual in the case of intended use, the Customer reimburses the actual, reasonable costs of special cleaning. VIP provides evidence of these costs.

14.3 If the vehicle cannot be used as a result of damage or soiling for which the Customer is responsible, the Customer reimburses the demonstrable loss of use resulting from this. The Customer reserves the right to prove a lower loss.

§ 15 Notification of defects, remedy, cooperation

15.1 Complaints about the performance of the journey, about the vehicle used or about the conduct of the driving staff must be reported without undue delay to the driving staff or to VIP’s dispatch office. The dispatch office can be reached on telephone 030 / 33 50 43 60 and at info@vip-bus-connection.de.

15.2 The driving staff is entitled and required to remedy justified complaints. A remedy may be refused where it is impossible or requires disproportionate effort; in that case the Customer’s rights remain unaffected.

15.3 The Customer cooperates, within the limits of what is reasonable, in remedying disruptions to performance and instructs its tour guides accordingly. If the Customer culpably fails to give notice, it cannot assert claims to the extent that the failure to give notice deprived VIP of the opportunity to provide a remedy.

§ 16 Limitation of claims

16.1 Claims for injury to life, body or health and claims based on intent or gross negligence become time-barred in accordance with the statutory provisions. The same applies to claims under the German Product Liability Act.

16.2 All other contractual claims of the Customer become time-barred after one year. The limitation period begins at the end of the year in which the claim arose and in which the Customer became aware, or would have become aware but for gross negligence, of the circumstances giving rise to the claim and of the identity of the debtor.

16.3 If negotiations about the claim are pending between the parties, the limitation period is suspended until one party refuses to continue the negotiations. The limitation period expires at the earliest three months after the end of the suspension.

16.4 Mandatory statutory provisions on limitation, in particular those arising from liability under the German Road Traffic Act (Straßenverkehrsgesetz, StVG) and the German Passenger Transport Act, remain unaffected.

§ 17 Data protection

17.1 VIP processes personal data of the Customer and of the passengers exclusively within the framework of the statutory provisions, in particular the General Data Protection Regulation. Details of the purposes, legal bases, storage periods and data subject rights are set out in the privacy policy, available at https://vip-bus-connection.de/datenschutzerklaerung.

17.2 Where the Customer transmits personal data of its passengers to VIP, it ensures that it is entitled to do so and that the passengers have been informed in the required manner.

§ 18 Consumer dispute resolution

18.1 VIP is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz, VSBG)).

18.2 Should participation in dispute resolution proceedings become mandatory for VIP in the future, VIP will inform consumers of this in an appropriate manner.

§ 19 Choice of law, place of jurisdiction, final provisions

19.1 The contractual relationship is governed exclusively by German law. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

19.2 If the Customer is a merchant, a legal person under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction for all disputes arising from this contractual relationship. Towards consumers, the statutory places of jurisdiction apply. If the Customer moves its domicile or place of business out of the territory of the Federal Republic of Germany after the contract is concluded, or if its domicile is unknown at the time proceedings are brought, the place of jurisdiction is VIP’s registered office.

19.3 Should individual provisions of these conditions be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of invalid or unenforceable provisions.

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