General Conditions of Carriage

of Willms Touristik GmbH & Co KG /

§ 1 Scope of application

(1) The General Conditions of Carriage apply to transportation by streetcar, trolleybus and motor vehicle. The competent licensing authority may approve applications for deviations from the provisions of this regulation (Special Conditions of Carriage), taking into account special circumstances.

§ 2 Entitlement to transportation

Entitlement to carriage exists insofar as an obligation to carry exists in accordance with the provisions of the Passenger Transportation Act and the legal regulations issued on the basis of this Act. Objects shall only be carried in accordance with §§ 11 and 12.

§ 3 Persons excluded from carriage

(1) Persons who represent a danger to the safety or order of the operation or to the passengers shall be excluded from transportation. Insofar as these conditions are met, persons are excluded in particular
1. persons who are under the influence of spirits or other intoxicating substances,
2. persons with infectious diseases,
3. persons with loaded firearms, unless they are authorized to carry firearms.
(2) Children under the age of 6 who are not of compulsory school age may be excluded from carriage unless they are accompanied for the entire journey by persons who are at least 6 years of age; the provisions of paragraph 1 remain unaffected.

§ 4 Passenger behavior

(1) When using the operating facilities and vehicles, passengers must behave in such a way as is required by the safety and order of the operation, their own safety and consideration for other persons. Instructions of the operating personnel must be followed.
(2) In particular, passengers are prohibited from:
1. talking to the driver during the journey,
2. opening the doors without authorization during the journey,
3. throwing objects out of the vehicles or allowing them to be thrown out,
4. jumping on or off the vehicle during the journey,
5. to enter a vehicle designated as occupied,
6. to obstruct the usability of operating facilities, passageways and entrances and exits with bulky objects,
7. to smoke on underground platforms,
8. to use sound reproduction devices or radio receivers.
9. to stand up in the convertible double-decker on the upper deck during the journey with the roof open.
(3) Passengers may only enter and leave the vehicles at the stops; exceptions require the consent of the operating personnel. If specially marked entrances or exits are available, these must be used when entering or leaving the vehicles. Passengers must board and alight quickly and move up into the vehicle. If the imminent departure is announced or a door closes, the vehicle may no longer be entered or exited. Every passenger is obliged to ensure that they have a firm footing in the vehicle at all times.
(4) The supervision of children is the responsibility of the accompanying persons. In particular, they must ensure that children do not kneel or stand on the seats and that they wear seat belts or are secured in a child restraint system in accordance with road traffic regulations.
(5) If a passenger violates the duties incumbent upon him/her in accordance with paragraphs 1 to 4 despite a warning, he/she may be excluded from transportation.
(6) In the event of soiling of vehicles or operating facilities, cleaning costs determined by the operator shall be charged; further claims shall remain unaffected.
(7) Complaints are - except in the cases of § 6 para. 7 and § 7 para. 3 - not to be addressed to the driver, but to the supervisory staff. If the complaints cannot be settled by the supervisory staff, they must be addressed to the administration of the operator, stating the date, time, name of the carriage and line and, if possible, enclosing the ticket.
(8) Anyone who abusively activates the emergency brake or other safety devices must pay an amount of 15 euros, without prejudice to prosecution in criminal or fine proceedings and further claims under civil law. The same applies if the prohibition according to paragraph 2 no. 3 or no. 7 is violated.

§ 5 Allocation of wagons and seats

(1) The operating staff may assign passengers to specific carriages if this is necessary for operational reasons or to fulfill the transport obligation.
(2) The operating personnel are entitled to assign seats to passengers; there is no entitlement to a seat. Seats must be made available for severely disabled persons, persons with impaired mobility, elderly or infirm persons, expectant mothers and passengers with small children.

§ 6 Transport charges, tickets

(1) The fixed transportation charges are to be paid for transportation.
(2) If the passenger does not have a valid ticket for this journey when boarding the vehicle, he/she must immediately and without being asked buy the required ticket.
(3) If, upon boarding the vehicle, the passenger is provided with a ticket that must be validated, he/she must hand it over to the operating personnel for validation immediately and without being asked; in vehicles with validators, the passenger must validate the ticket immediately in accordance with the route and ensure that it has been validated.
(4) The passenger must keep the ticket until the end of the journey and show or hand it over to the operating staff for inspection on request.
(5) If the passenger fails to comply with an obligation under paragraphs 2 to 4 despite being requested to do so, he or she may be excluded from transportation; the obligation to pay an increased transportation charge under § 9 remains unaffected.
(6) Wagons or parts of wagons in conductorless operation may only be used by passengers with tickets valid for this purpose.
(7) Complaints about the ticket must be made immediately. Subsequent complaints will not be considered.

§ 7 Means of payment

(1) The fare should be counted and kept ready. The driver is not obliged to change money in excess of 50 euros or to accept one-cent coins in excess of 10 cents or significantly damaged bills and coins.
(2) If the driver is unable to change money in excess of 50 euros, the passenger must be issued with a receipt for the amount retained. It is the passenger's responsibility to collect the change from the operator's administrative office and present the receipt. If the passenger does not agree to this arrangement, he/she must terminate the journey.
(3) Complaints about the change or the receipt issued by the driver must be made immediately.

§ 8 Invalid tickets

(1) Tickets that are used contrary to the provisions of the Conditions of Carriage or the transport tariff are invalid and will be confiscated; this also applies to tickets that
1. are not filled out correctly and are not filled out immediately despite being requested to do so,
2. do not have a token affixed,
3. are torn, cut or otherwise badly damaged, heavily soiled or illegible, so that they can no longer be checked,
4. have been altered without authorization,
5. are used by unauthorized persons,
6. are used for journeys other than those permitted,
7. have expired due to the passage of time or for other reasons,
8. are used without the required photograph.
The fare will not be refunded.
(2) A ticket that only entitles the holder to transportation in conjunction with an application or a passenger ID card provided for in the transport tariff shall be deemed invalid and may be confiscated if the application or passenger ID card is not presented on request.

§ 9 Increased transportation charge

(1) A passenger is obliged to pay an increased transportation charge if he or she
1. has not obtained a valid ticket,
2. has obtained a valid ticket but is unable to present it during an inspection,
3. has not validated the ticket or has not had it validated immediately within the meaning of § 6 (3) or
4. fails to present or hand over the ticket for inspection on request.
Prosecution in criminal or fine proceedings remains unaffected. The provisions under numbers 1 and 3 shall not apply if the ticket was not obtained or validated for reasons for which the passenger is not responsible.
(2) In the cases referred to in paragraph 1, the operator may charge an increased fare of up to 60 euros. However, he may charge twice the fare for a single journey on the route traveled by the passenger if this results in a higher amount than in sentence 1; in this case, the increased fare may be calculated according to the starting point of the line if the passenger cannot prove the distance traveled.
(3) In the case of paragraph 1 no. 2, the increased fare shall be reduced to 7 euros if the passenger can prove to the administration of the operator within one week of the day of the determination that he was the holder of a valid personal season ticket at the time of the determination.
(4) The use of invalid season tickets shall not affect any further claims of the carrier.

§ 10 Reimbursement of transportation charges

(1) If a ticket is not used for the journey, the fare will be refunded on request upon presentation of the ticket. The burden of proof for the non-use of the ticket lies with the passenger.
(2) If a ticket is only used for part of the journey, the difference between the fare paid and the fare required for the distance traveled will be refunded upon request upon presentation of the ticket. The burden of proof for the partial use of the ticket lies with the passenger.
(3) If a season ticket is not used or only partially used, the fare for the season ticket shall be refunded, taking into account the fare for the individual journeys made, on request on presentation of the ticket. The date on which the time ticket is returned or deposited or the date of the postmark when the time ticket is sent by post is decisive for determining the date up to which individual journeys - two journeys per day - are deemed to have been made. An earlier date can only be taken into account if a certificate from a doctor, hospital or health insurance company confirming the illness, accident or death of the passenger is presented. A reduction in the fare for single journeys shall only be taken into account if the necessary requirements are met, otherwise the fare for a single journey shall be taken into account.
(4) Applications in accordance with paragraphs 1 to 3 must be submitted to the administration of the carrier immediately, at the latest within one week of the expiry of the validity of the ticket.
(5) A processing fee of EUR 2 and any transfer fee shall be deducted from the amount to be refunded. The processing fee and any transfer fee shall not be deducted if the refund is requested due to circumstances for which the entrepreneur is responsible.
(6) In the event of exclusion from transportation, there is no entitlement to reimbursement of the fee paid, with the exception of § 3 Para. 1 Sentence 2 No. 2.

§ 11 Carriage of goods

(1) There is no entitlement to the carriage of items. Hand luggage and other items will only be carried if the passenger is traveling at the same time and only if this does not endanger the safety and order of the operation and other passengers cannot be inconvenienced.
(2) Dangerous substances and dangerous objects are excluded from carriage, in particular
1. explosive, highly flammable, radioactive, foul-smelling or corrosive substances,
2. unpackaged or unprotected objects that could injure passengers,
3. objects that protrude beyond the boundaries of the carriage.
(3) The obligation to carry small children in baby carriages is governed by the provisions of § 2 sentence 1. Where possible, the operating staff should ensure that passengers with children in baby carriages are not turned back. The decision as to whether or not to carry a child is the responsibility of the operating staff.
(4) Passengers must store and supervise any items carried in such a way that the safety and order of the service is not jeopardized and other passengers are not inconvenienced.
(5) The operating personnel shall decide on a case-by-case basis whether items are to be accepted for transportation and where they are to be placed.

§ 12 Carriage of animals

(1) Section 11 (1), (4) and (5) shall apply to the transportation of animals.
(2) Dogs shall only be carried under the supervision of a suitable person. Dogs that could endanger fellow passengers must wear a muzzle.
(3) Guide dogs for the blind that accompany a blind person are always permitted for transportation.
(4) Other animals may only be carried in suitable containers.
(5) Animals may not be accommodated on seats.

§ 13 Lost property

Lost property must be handed in immediately to the operating staff in accordance with § 978 BGB. Lost property will be returned to the loser by the company's lost and found office against payment of a fee for storage. Immediate return to the loser by the company personnel is permissible if the loser can prove that he/she is the loser. The loser must confirm receipt of the item in writing.

§ 14 Liability

The operator is liable for the death or injury of a passenger and for damage to property that the passenger is wearing or carrying in accordance with the generally applicable provisions. For damage to property, the operator is liable to each person transported only up to a maximum amount of 1,000 euros; the limitation of liability does not apply if the damage to property is due to intent or gross negligence.

§ 16 Exclusion of claims for compensation

Deviations from timetables due to traffic obstructions, operational disruptions or interruptions as well as lack of space do not justify any claims for compensation; in this respect, no guarantee is given for the adherence to connections.

§ 17 Place of jurisdiction

The place of jurisdiction for all disputes arising from the transportation contract is the registered office of the company.