GTC

Conditions of carriage for the use of the “Urlaubs-Express”, a product of Train4you Vertriebs GmbH

Valid from September 3rd, 2018

Publisher: Train4you Vertriebs GmbH, Magnusstr. 18a, 50672 Köln

(hereinafter referred to as Train4you)

1. Scope of application/Preliminary remarks

These Conditions of Carriage apply to the carriage of persons and persons and their vehicles (passenger cars with or without trailers, motorcycles with or without sidecars, trikes and quads, as well as bicycles). The vehicles are transported by rail in open railway wagons from the loading terminal to the destination terminal. The carriage of vehicles is subject to the statutory rules on luggage in accordance with the “Uniform Rules concerning the Contract of International Carriage of Passengers and Luggage by Rail (CIV)” as amended in Annex I to “Regulation (EC) 1371/2007 of the European Parliament and of the Council of 23 October 2007 on Passengers’ Rights and Obligations in Railway Traffic” (excerpts reproduced as annex to these Conditions of Carriage).

2. Subject matter and conclusion of the contract of carriage

2.1 Content of the contract

Through the contract of carriage, Train4you as a contractual carrier undertakes to transport passengers and, if applicable, their motor vehicle to the agreed destination in accordance with the concluded contract of carriage. The content of the contract is documented in the tickets or reservation vouchers issued by the carrier (transport documents). The ticket (s) for the person (s) is (are) supplemented by reservation vouchers for accommodation on the train.

2.2 Booking

The booking can be addressed to us in writing, by telephone, fax or electronically (by e-mail or via the Internet at www.urlaubs-express.de). The contract of carriage is concluded upon confirmation of the successful booking by Train4you. This confirmation will be sent to the customer in the form of an invoice showing all features and contract components as well as, in particular, the vehicle that may have been registered with the data and dimensions specified in the booking enquiry. These can be sent to the customer by post or electronically by e-mail. If Train4you also sends a confirmation of receipt for a booking, this does not yet represent the confirmation of the successful booking or invoice.

2.3 Travel agents

Train4you does not authorize travel agents (e. g. travel agencies) to enter into agreements, provide information or make assurances that change the agreed content of the contract of carriage, go beyond the contractually promised services of the carrier or contradict the tendered transport service.

3. Transport documents, duties of the customer, environmental zones

3.1 Transport documents

After full payment of the fare, the transport documents shall be handed over in writing by post, either by e-mail or, at the customer’s request, subject to a charge. All services to be provided by Train4you are explicitly stated on the documents. The transport documents contain all relevant information on departure and arrival times as well as loading times within the meaning of these GTC and are to be checked immediately after receipt by the customer for their correctness, in particular with regard to the specified vehicle dimensions. Any discrepancies must be reported to Train4you immediately. Any later objections, especially after the trip, cannot be taken into account. The documents must be presented to the personnel at any time upon commencement of the journey or even during the journey, if requested. The period of validity of the transport documents is determined by the dates of reservation indicated on the documents. Reservations are only valid for the booked train or vehicle transport on the specified travel day.

3.2 Obligations of the Customer

The customer is obliged to provide truthful and correct information on the vehicle dimensions (height, length, width with folded-in exterior mirrors according to the vehicle registration document or corresponding registration documentation), vehicle type (e. g. convertible), vehicle weight, police registration number and the number of persons travelling with him/her. If this information is incorrect, Train4you may refuse to transport the vehicle; in this case, the customer cannot assert any claims for damages. Further reasons for exclusion are summarized under No. 6.

Information on loading times is printed on the transport documents. The customer must arrive at the latest at the departure time of the train specified on the transport documents. If the customer has also booked a car transport, he/she is obliged to show up with the vehicle at the latest at the time stated on the transport documents or within the time specified on them. If the customer does not arrive at the car train terminal in time, his right to have the vehicle transported expires. In this case, the customer cannot assert any claims for damages.

The control of the personal data provided by the customer and stated in the transport documents on the train shall be carried out by means of the official photo identification document to be presented by the customer. Carriage without valid transport documents results in the calculation of an increased fare (double the current daily price of the respective driver’s appointment). Train4you reserves the right to block the customer for further bookings with Train4you.

3.2.1 Behaviour towards train crews

The instructions of the train crew must be followed. In the event of refusal, there is a risk of being expelled from the train for the further part of the journey. A reimbursement of costs for the missed part of the journey is excluded. The customer shall also bear the costs of returning his vehicle, which for operational reasons can only be unloaded at the respective destination.

3.3 Environmental zones

To the extent that so-called environmental zones have been set up in individual cities, driving in and through these cities is only permitted with an “environmental sticker”. An overview of the environmental zones for Germany can be found, for example, on the website of the Federal Environment Agency at http://gis.uba.de/website/umweltzonen/umweltzonen.php Vehicles without A vehicle with an “environmental sticker” may only use the car-train terminals located in these cities in accordance with the specifications of these cities. The driver is responsible for compliance with these requirements. If there is a delay in loading or unloading a car train due to a violation of the requirement to use the prescribed thoroughfares or if it is not possible to join a car train, the driver releases Train4You from all resulting claims. In particular, it is not possible to extend loading times.

3.4 Diesel vehicles

The provisions under 3.3 shall also apply mutatis mutandis to current or future restrictions of the authorities at municipal, state or federal level as well as foreign authorities for diesel vehicles.

4. Transport of persons, vehicles, animals and luggage

Train4you transports people and their vehicles in national and international traffic. Vehicles can be passenger cars with or without trailers, motorcycles with or without sidecars, trikes and quads, as well as bicycles. Transportation will only be carried out within the limits of available seats. Train4you may commission other approved companies to carry out the operation of the trip.

4.1 Carriage of persons

Train4you reserves seats in seating, couchette and sleeping cars in its trains for persons according to the respective booking. Both single seat bookings and compartment bookings are offered in couchettes. There is no gender separation for single seat bookings.

– Seat coach compartments have a maximum of five seats

– Compartments for couchettes have a maximum of four to six seats, depending on the vehicle type

– Sleeping car compartments have a maximum of three seats.

For single seat bookings, a maximum of one child up to three years of age can be transported free of charge. When booking a compartment, a maximum of two children up to the age of three can be transported free of charge per compartment. The price when booking a couchette compartment for sole use is valid for a maximum of four persons including children over three years of age. Only compartment bookings are offered in sleeping cars.

4.1.1. Smoking ban

As a matter of principle, smoking is not permitted throughout the entire train. Breaches of the smoking ban always lead to a driving exclusion. Train4you charges a fee of € 1500, — for smoking-triggered alarms of the fire alarm system. Train4you charges a fee of € 200, — for additional cleaning costs due to smoking in the compartments, corridors or toilets.

4.2 Carriage of vehicles

Vehicles are transported in open wagons (railway wagons). In principle, only vehicles approved for public road transport (in accordance with german StVO) and safe vehicles can be carried. Admitted for carriage:

Passenger cars (vehicles according to the road traffic regulations) with and without trailers,

Motorcycles with and without sidecar,

Trikes and Quads

bicycles (two-wheelers)

4.2.1 Obligations of the driver

The driver undertakes all precautions to prevent damage to the vehicle. This includes in particular:

locking the sliding roof or folding roof of a convertible

closing the ventilation flaps and windows

pulling in the antenna or removing roof antennas and non-retractable antennas and folding in the exterior mirrors.

securing of wind deflectors, external blinds and other parts attached to the vehicle, luggage, bicycles, sports equipment, etc. against being torn down by the wind, alternatively dismantling of these parts before loading.

sufficient protection of the water-bearing systems against frost.

The use of tarpaulins to protect vehicles is not permitted. However, the use of a tarpaulin that belongs to the vehicle and is specially adapted is permitted.

After loading the vehicle, the ignition must be switched off and the ignition key removed. Apply the parking brake and engage the first gear. For vehicles with automatic transmission, the gear selector lever must be set to the “P” position or – if prescribed by the manufacturer – to the “0” position. Windows, doors, roof and canopies must be closed; the vehicles must be locked.

Since it is possible to transport the vehicles backwards along the entire route or on parts of it (changing direction of travel), the safety measures must also be set up for this purpose. In particular, all parts of the vehicle which cannot withstand the stresses and strains of such reverse transport must be dismantled before the start of the journey. To protect the windshields of motorcycles against damage during possible transports against the natural direction of travel, the windshield must be secured by the customer with a windshield safety belt. The customer is responsible for ensuring that his vehicle is suitable for rearward transports up to 140 km/h.

4.2.2 Liability for motor vehicles

 The provisions of the CIV in the version of Annex I to Regulation (EC) 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations apply to liability arising from the carriage of motor vehicles.

4.2.3 Vehicle restrictions

The vehicles may have a maximum of eight additional seats in addition to the driver’s seat. Each vehicle must be accompanied by at least one adult with a valid driving licence (vehicle driver). The total number of persons registered in the vehicle is determined by the number of seats permitted in the vehicle registration document.

4.3 Bicycles

Bicycles can be booked and loaded separately if space is available. Bicycle transport is subject to a charge. Freight bikes, special bikes or bicycles with two lanes are excluded from carriage. The transport of bicycles connected to the vehicle on luggage racks shall be governed by 4.12. Liability for damage to bicycles or loss shall be governed by the provisions of 4.7 and 4.10.

4.4 Vehicle dimensions

The following restrictions apply to the carriage of vehicles on the vehicle transport wagons:

Ground clearance of the vehicle (even when loaded) at least 11 cm

Permissible overall width of the vehicle according to separate publication (measured with folded-in exterior mirrors)

permissible total length of the vehicle 530 cm

maximum nine passenger car seats (including driver’s seat)

The permissible length for trailers including coupling is 500 cm. The loading height for trailers with tarpaulin body is limited to a maximum of 156 cm. The above dimensions may vary slightly for certain destinations. Train4you will point this out to the customer on the Urlaubs-Express-Homepage separately. If the actual dimensions of the vehicle deviate from the above-mentioned dimensions, it is not possible to transport the vehicle. Trailers with a height of more than 156 centimetres cannot be booked via the booking portal, but require a separate booking by mail or by telephone via the Train4you service centre.

4.4.1 Loading of vehicles, duties of the driver, safety regulations

Vehicles shall be available for loading within the loading times specified in the transport documents at the car train terminal specified therein. The transport documents must be presented to the loading personnel at the loading terminal. Vehicles arriving at the car train terminal after the end of the loading time cannot be transported. Insofar as the personnel on site do not make any deviating arrangements, loading and unloading of the vehicles and any necessary conversion to the vehicle transport wagon is generally the responsibility of the driver at his own risk and risk. Due to the construction design, the loading area for vehicles is limited laterally by safety rails at a distance of 1940mm. Train4you is not liable for damage to the rims and tyres of the vehicles caused by contact with the safety rails. In order to avoid damage, the company offers, upon request, to instruct the driver to the final position. The loading personnel can instruct the driver to drive on one side of the safety rail or use other aids to prevent damage. Train4you shall only be liable for any damage incurred during loading or unloading in cases of its own fault or in cases of fault on the part of Train4you’s vicarious agents.

The driver must leave the car transport vehicle immediately after loading the vehicle.

Insofar as an employee of the loading personnel exceptionally takes over the driving up and down, the driver of the vehicle must sign a “release from liability declaration”.

The instructions of the loading personnel must be strictly followed. In the loading business, the driver must exercise the necessary care. This includes moving the vehicles on the vehicle transport wagons at walking speed. During loading and unloading, there must be no other persons in or on the wagon and the vehicle other than the driver and members of the loading staff. Due to the vehicle’s dimensions and weight, certain parking spaces are allocated, so it cannot be guaranteed that a request for correction of the parking space can be met.

4.4.2 Obligation to wear Helmets

Motorcyclists must wear a helmet when loading and unloading the motorcycle on the transport wagon.

4.5 Hazardous Substances

The carriage of hazardous substances (particularly flammable, flammable or explosive substances) is prohibited with the exception of fuel required for the operation of the vehicle. The transport of fuel is only permitted for passenger cars, limited to 1 reserve canister with a maximum capacity of 20 litres. In the case of motorcycles, it is forbidden to take along spare canisters – even empty ones. Shut-off valves for fuel lines must be closed. All fuel-carrying pipes must be leak-proof, as well as the fuel tanks, which must be well sealed. While the vehicles are located on railways, fuel must neither be removed nor filled.

4.6 Parking the vehicle

After the vehicle has been parked, access to the vehicles after loading or before they are unloaded – especially during transport – is not permitted. No persons or animals may remain in the vehicles during transport. After arrival, the vehicles are unlocked by the loading personnel. The car transport wagons may only be entered after approval by the loading personnel and only by the vehicle driver. Train4you points out that there are risks for life when entering the car transport wagons with the trolley wire switched on. Driving down from the car transport wagons is subject to the obligations laid down in 4.4.1.

4.7 Vehicle damage

Externally recognisable transport damage to vehicles must be reported to the loading personnel immediately upon detection, but at the latest upon unloading, and must be ascertained in writing by means of a damage report. It is not possible to claim damages after leaving the motorail train terminal.

4.8 Liability of the driver

Insofar as the driver of the vehicle violates the obligations stipulated in 4.2.2 above and thereby causes damage, he is liable both to Train4you and to third parties for any damage caused by the infringement.

4.9 Carriage of pets

With the exception of dogs and cats, it is not permitted to take animals with you. Dogs and cats may be taken along if they do not suffer from infectious diseases, if one compartment per animal is booked for sole use and the animal has been registered at the time of booking. In addition, dogs or cats may only be taken along under the following conditions: Dogs that are not stored in containers such as hand luggage may only be carried if they are kept on a leash outside the compartment and provided with a muzzle suitable for them. Guiding and accompanying dogs for the blind in the sense of § 145 Abs. 2 No. 2 SGB IX are released from the muzzle compulsion.

Cats may only be taken along if they are safely stored in containers such as hand luggage. Containers must be designed in such a way as to prevent any impairment of persons or property. For hygienic reasons, animals are not allowed to use the beds, loungers and seats. Animals – with the exception of guide dogs and companion dogs for the blind within the meaning of § 145 para. 2 No. 2 SGB IX – may not be carried in wagons with catering facilities.

The traveller is responsible for compliance with any official regulations (especially veterinary regulations in the case of international transport).

It is important to note that the animals must not be left alone in the compartment and that the train does not stop during the journey. Train4you reserves the right to claim damages caused by the animal or increased cleaning costs of € 50 per journey in addition to the ticket price for the animal.

4.10. Carriage of baggage and other items

In principle, the passenger alone is responsible for compliance with any customs and administrative regulations and obligations. The luggage may be left on and in the vehicles during carriage with a motorail train. However, only approved, commercially available, permanently mounted roof boxes or carriers may be transported on the vehicle. The provisions of No. 4.2. ff must be observed. The driver must ensure that the lashing is fixed and that the permissible loading dimensions are adhered to. Attaching objects such as surfboards, fir trees, winter sports equipment, cabinets etc. to the roof railing is not permitted.

Luggage attached to motorcycles may remain on the motorcycle if the luggage forms a solid complete unit, the luggage is firmly attached to the motorcycle and no anchorage points required for lashing are covered. Motorcycle helmets must not remain on the motorcycle during the train journey.

It is expressly pointed out that the vehicles are transported on open vehicle transport wagons. Guarding is not possible. Train4you is therefore not liable for unrelated acts of third parties (burglary in wagons and vehicles, vandalism, etc.) and not for damage to or loss of luggage left in or on the vehicle. Train4You is liable exclusively in cases of its own fault or in cases of fault on the part of vicarious agents of Train4You. It is recommended to take out additional insurance cover.

4.11 Carriage of roof racks

Roof racks or roof boxes are only permitted if they are commercially available (not self-constructed), permanently installed roof boxes or roof racks and the total car height permitted on the car transport trolley is not exceeded as a result. Roof racks and roof boxes must be registered when booking. The loading personnel can instruct the customer to remove the roof rack or the roof box from the vehicle for safety and loading reasons. Train4you is authorized to load roof boxes separately from the vehicle onto the car transport vehicle.

4.12 Transport of Bicycles on rear carriers

Bicycles on bicycle rear carriers can only be transported if the total height of the vehicle specified at the time of booking is not exceeded by the bicycles. Otherwise, the same provisions of 4.11 apply to rear carriers. Bicycles stored in the vehicles can be carried without restriction, provided they are adequately secured.

5. Transportation fee, Payment, Change of booking, Cancellation

5.1 Transportation charges

The transportion charge varies according to traffic days, booking date, type of vehicle and accommodation and is made up of the transport charge for the passengers and, if applicable, the transport charge for the vehicle.

5.1.1 Price reduction for children

Children up to and including 3 years of age travel free of charge when accompanied by a paying adult if they do not occupy their own seat/bed. Special children’s prices apply for children from 4 to 14 years of age.

5.1.2 Price reduction for accompanying persons of disabled persons

A necessary accompanying person (mark B) as evidenced in the identification document for disabled persons is transported free of charge. This is only relevant for single seat bookings in the couchette car. No further discounts are granted. There is no discount for the disabled person. For bookings og whole compartments in couchette or sleeping cars, the current compartment price applies. The booking can only be made by telephone or in writing (fax, letter, e-mail), but not via the Internet. Seating, sleeping and couchette coaches as well as the on-board restaurant or club coaches of Train4you’s trains are currently only suitable to a limited extent for passengers with limited mobility. In particular, the width of the side corridors and the dimensions of the toilets may not allow wheelchairs to be used. It is essential that persons with limited mobility travel with an accompanying person when travelling with Train4you. Train4you will be happy to assist you in organising boarding and disembarking aids, as far as they are available at the boarding and disembarking stations.

5.2 Payment

5.2.1 Payment Deadlines

Insofar as the total invoice price exceeds 500, – €, 30% of the transport fee shall be due as a down payment upon receipt of the written booking confirmation/invoice within 14 days. The down payment will be deducted from the fare. In addition, in the case of taking out insurance policies (e. g. travel cancellation insurance), any insurance premiums are due in full. The whole balance must be paid at least 28 days prior to the date of travel – without further request.

5.2.2 Period of Payment

Insofar as the total invoice price does not exceed 500, – €, the entire transport fee including any insurance (e. g. cancellation insurance) is due within 28 days upon receipt of the written confirmation of booking / invoice. In the case of short-term bookings – if there are less than 28 days between the date of booking and the date of travel – the fare is to be paid in full immediately.

5.2.3 Consequences of Default

If the full down-payment / balance (No. 5.2.1) or total amount (No. 5.2.2) is not received within the deadlines stated on the booking confirmation/invoice (see above) and is not paid within the deadlines specified on the booking confirmation/invoice (see above), Train4you is entitled to terminate the contract without notice and to cancel the booking. In this case, Train4you may claim damages for the costs to be calculated in accordance with clause 5.3, provided that there is no valid reason for withdrawal in favour of the customer at this time. Without full payment of the fare, there is no entitlement to transport services.

5.2.4 Creditor

Payments are to be addressed exclusively to the recipient indicated on the invoice, stating the invoice number. If the amount is paid to someone else, the payment is at your own risk and therefore entitles you to use the transport service only if Train4You has received the full price of the trip. Payments are only accepted by bank transfer.

5.2.5 Credit notes

Any credit notes (e. g. for rebooked or cancelled transport documents (see 5.3 and 5.4) will only be credited to an account specified by the customer.

5.3 Cancellation by the Customer

The customer is entitled to terminate the contract of carriage writtenly until the start of the journey. The personally signed cancellation notice must be sent by post or e-mail to the following address: Train4You, Magnusstraße 18a, 50672 Cologne/Germany or .

In the event of cancellation, reasonable compensation will be demanded for the arrangements and expenses made by Train4you. After receipt of the booking confirmation by the customer, a free cancellation is no longer possible. The decisive factor for the calculation of the cancellation fee is the receipt of the cancellation notice by Train4you. The cancellation costs amount to:

90 or more days before departure: 20% of the fare

89 to 42 days before departure: 35% of the fare

41 to 28 days before departure: 50% of the fare

27 to 14 days before departure: 60% of the fare

13 to 4 days before departure: 70% of the fare

From the 3rd day before departure or no-show: 90% of the fare

The remaining fare will be refunded at the request of the customer. The fare will only be refunded in full if the passenger is unable to travel for reasons for which Train4you is responsible. Further claims for damages are excluded.

5.4 Changes to booked Services (rebooking by the traveller)

Changes to the booked passenger transport services are only possible in the following cases, provided that the capacity required for a rebooking request is still available and the written request for rebooking is received by Train4you before the actual travel date:

(a) rebooking of accommodation on board the train

instead of carriage in couchette can be rebooked for carriage in sleeping car

Instead of a single seat reservation in the couchette car, it is possible to rebook a compartment reservation in the couchette car or sleeping car.

The handling fee for such a rebooking amounts to 35, – € per trip. In addition, the difference between the accommodation price at the time and the current daily accommodation price must be paid in the new category. Special on-board fares apply to rebooking on the train.

b) re-booking of travel day and/or trip route

If seats are available on the alternative travel date, you can change your travel day and/or itinerary up to 14 days before departure of the train. The new date of travel must not be more than four weeks before or after the original date of travel. It is imperative to note that there are at least seven days between the rebooking date and the new day of travel. A processing fee of 35 € per leg and transaction will be charged for such a transfer. In addition, the original travel price will be refunded and the new, daily updated travel price will be invoiced in addition to the handling fee.

Other alterations and non start of the journey or withdrawal are considered as cancellation according to 5.3.

5.5 Changes to the vehicle to be carried by the passenger

If a vehicle other than the one specified at the time of booking is to be transported, a corresponding rebooking is only possible in the following cases:

• the technical dimensions and weights of the other vehicle are identical to those of the original vehicle
• the other vehicle is smaller in size or weight

A precondition for such a rebooking is that Train4you has received the written request for rebooking up to 7 days before the actual travel date.

A rebooking to a vehicle which does not fall under a) or b) is only possible if there is sufficient space for such a vehicle on the vehicle transport wagons and a corresponding written rebooking request is received by Train4you up to 7 days before the actual travel date. A handling fee of 35, – € will be charged for a rebooking of the vehicle.

5.6 Rebooking by Train4you

Train4you reserves the right to make short-term changes on board due to operational necessity. The resulting reimbursements will be made subsequently via the service center. Cash payments on board are excluded

6. Cancellation by Train4you

6.1 Termination for important reason

Train4You may terminate the contract of carriage before and during the journey for important reasons. An important reason exists in particular if

1. the actual dimensions of the vehicle or other information important for transport (e. g. fabric roof, roof superstructures, vehicle weight) during loading deviate from the information originally given on the booking and recorded in the vehicle accompanying document. In this case the customer has no claim for reimbursement or compensation.
2. Train4You does not receive the full down-payment / remaining amount (No. 5.2.1) or the total amount (No. 5.3.2) within the time limits specified therein and is not paid upon request with a deadline and a threat of rejection. In this case Train4you is entitled to terminate the contract without notice and to cancel the booking. Train4you may claim the costs to be calculated in accordance with clause 5.3 as compensation, provided that there is no valid reason for withdrawal in favour of the customer at this time.

6.2 Termination due to Force Majeure

If the journey is considerably complicated, endangered or impaired due to force majeure (strike, natural disasters, route closure, official measures or similar) not foreseeable at the time of conclusion of the contract, both Train4you and the customer can terminate the contract solely in accordance with §651j, BGB. If the contract is terminated in accordance with paragraph 1, the provisions of § 651e paragraph 3 sentences 1 and 2, paragraph 4 sentence 1 shall apply. The additional costs for the return transport are to be borne by the parties in equal parts. Otherwise, the additional costs shall be borne by the customer.

6.3 Withdrawal due to non-achievement of a minimum number of participants

Train4you may withdraw from the contract if a minimum of 20 booked vehicles per trip is not reached in accordance with the following regulations:

1. a) The minimum number of participants and the latest point in time of cancellation by Train4you must be stated in the specific offer or, in the case of uniform regulations for all journeys or certain types of journeys, in a general notice (or on the booking platform on the Internet) or in a general description of services.
2. b) Train4you has to state the reference “Minimum number of participants according to the conditions of carriage” in the booking confirmation or refer to the corresponding prospectus or information on the internet.
3. c) Train4you is obligated to declare the cancellation of the journey to the passenger immediately if it is established that the journey will not be carried out because the minimum number of participants has not been reached.
4. d) A cancellation of the Train4you later than 28 days before the start of the trip is inadmissible.

6.3.1 Alternative Offer

In the event of a cancellation, the customer may demand participation in another journey of at least the same value if Train4you is in a position to offer such a journey without extra charge for the customer from its offer. The customer has to assert this right immediately after the declaration of cancellation of the trip by Train4you.

6.3.2 Repayment

If the trip is not carried out for this reason, the customer will be refunded immediately for the fare.

7. Service and Price Changes

7.1 Changes and Deviations

Changes and deviations  of individual driving services and duties from the agreed content of the contract of carriage, which become necessary after conclusion of the contract of carriage, are possible, as far as they are not significant and do not impair the overall arrangement of the journey. This includes changes to the booking class and timetable changes, e. g. due to construction sites or track closures.

In the event of a significant change to an essential transport service or duty, the customer is entitled to withdraw from the contract free of charge. Significant within the meaning of this provision are e. g. the change of the departure or arrival day or the departure or destination. The customer shall assert these rights against Train4You immediately after the information has been provided by Train4You.

If the charges, such as station, train path and terminal charges, which existed when the contract of carriage was concluded are increased in relation to the carrier, the fare may be increased by the corresponding pro rata amount. The same applies in the event of an increase in value added tax. The fare is increased according to the following calculation.

a) In the case of an increase in respect of seat reservations, the carrier may require the passenger to pay the increase.

b) In other cases, the additional transport costs demanded by Train4you for each means of transport shall be divided by the number of seats or parking spaces (for cars, motorcycles etc.) of the agreed means of transport. The carrier may demand the resulting increase for the single seat or parking space from the passenger.

An increase in the price of carriage is only permissible if there are more than 4 months between the conclusion of the contract and the agreed date of carriage and the circumstances leading to an increase have not yet occurred before the conclusion of the contract and were not foreseeable for the carrier at the time of conclusion of the contract.

In the event of a subsequent change in the price of carriage, the carrier shall inform the passenger without delay. Price increases from the 20th day before departure are ineffective. In the event of price increases of more than 5 %, the passenger shall be entitled to withdraw from the contract without charge or to demand participation in a journey of at least the same value if the carrier is in a position to offer such a journey at no extra cost to the passenger from his offer. The customer shall assert this claim immediately after the carrier’s notification of the price increase.

8. Liability of the Passenger

8.1 Compliance with Obligations

The customer is obliged to fulfil the obligations set out in these Conditions of Carriage. This applies in particular to compliance with the prescribed maximum dimensions of the vehicle.

8.2 Liability Reasons

The Traveller shall be liable to Train4you for any loss or damage caused by failure to comply with these obligations, unless the Traveller proves that the loss or damage is due to circumstances which he/she was unable to avoid and the consequences of which he/she was unable to avert despite exercising the due care and diligence required by a conscientious traveller.

Limitation of Action

The limitation period for claims arising from the contract of carriage shall be governed by the provisions of Article 60 of the CIV, as amended by Annex I to Regulation (EC) 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

9. Train4you’s liability towards travellers for delays, cancellations, failure to follow up, etc.

9.1 Reshipment/Refund of Fares

If it must be reasonably assumed that a motorail train arrives more than 60 minutes late at the destination station in accordance with the contract of carriage before loading, the passenger shall immediately have the choice between

(a) the continuation of the journey or the continuation of the journey with a modified routing to the destination at the next opportunity, or

(b) the continuation of the journey or the continuation of the journey with a modified routing to the destination at a later date.

9.1.1 Unloading

Since, for operational reasons, it is not possible to unload the vehicle immediately, but the vehicle must always be transported to the destination station in accordance with the contract of carriage, the following shall apply in the event that a claim pursuant to No. 9.1 is made by the driver himself:

(a) In the case of point 9.1, the driver shall hand over his vehicle key to the train manager and sign a declaration of indemnification in accordance with these Conditions of Carriage. The vehicle is then unloaded at the booked destination station and, if possible, made available to the driver at the car train terminal or in the immediate vicinity.

If the person entitled has demonstrably suffered damage as a result of the delay, he shall be entitled to compensation not exceeding the amount of the carriage charge.

9.1.2 Information about Delay

Passengers are not entitled to compensation if they have been informed of the delay before booking. In the case of tickets issued earlier than one month before departure, the travel times indicated there are provisional and correspond to the status at the time the ticket was issued. It is the responsibility of the traveller to inform himself/herself about deviations and the final travel times. Train4you informs on its homepage and the tickets about the respectively valid arrival and departure times. Arrival time is the time of arrival determined by the network operator, not the unloading time. Customers have to allow for waiting times for this.

9.1.3 Failure, Delay or Omission of Connection

Train4you is liable to the traveller for the damage caused by the fact that the trip cannot be continued on the same day due to cancellation, delay or failure of the connection or that under the given circumstances a continuation on the same day is not reasonable. Compensation for damages shall include reasonable costs incurred by the passenger in connection with the overnight stay and the notification of the expected persons, but shall not exceed the amount of the carriage charge. Any reimbursement will be calculated on the basis of the ticket value of the persons travelling.

Train4you is exempted from this liability if the failure, delay or failure to connect is due to one of the following causes:

1. circumstances outside the railway operation, which Train4you could not avoid despite the application of the due diligence required by the circumstances of the case and whose consequences it could not avert,
2. fault of the passenger or
3. conduct of a third party which Train4you was unable to avoid despite the exercise of due care and diligence and the consequences of which it was unable to avert; another undertaking using the same railway infrastructure shall not be deemed to be a third party. Rights of recourse remain unaffected.

9.2 Entitlement to Fare Compensation

The customer concludes a contract of carriage with Train4you with additional transport services (freight). In this respect, the contract does not contain an entirety of travel services. Train4you does not owe any overall success beyond the carriage.  Default does not regularly and easily deteriorate the transport service and therefore does not justify any claim for compensation for immaterial damage.

9.3 Assertion of Claims

The assertion of claims for compensation, including applications for passenger rights, must be addressed exclusively by post to:

Train4you Vertriebs GmbH

Magnusstrasse 18a,

50672 Cologne

9.4 Limitation of actions

Claims pursuant to the above clauses 9.1 – 9.3 shall become statute-barred one year after expiry of the validity period of the ticket.

9.5 Exclusion of Liability

Train4You shall only be liable to the passenger (except for claims arising from Regulation 1371/2007/EC (EU Passenger Rights Ordinance and from the CIV) in case of intent or gross negligence; in case of breach of essential contractual obligations (cardinal obligations such as the obligation to use exclusively safe railway vehicles for the carriage of passengers and motor vehicles) and in case of injury to life, limb or health caused by slight negligence. In the event of a breach of essential contractual obligations, however, the obligation to pay compensation is limited to the typical, foreseeable damage. Except in cases of willful misconduct, gross negligence or breach of essential contractual obligations, liability for damage to property is limited to a maximum amount of € 1,000 for each passenger. The provisions of the Liability Act (HPflG) shall remain unaffected in all other respects.

10. Online Dispute Resolution Platform

Under applicable law, Train4you is obliged to advise consumers of the existence of the European Online Dispute Settlement Platform, which can be used to settle disputes without the need for a court of law. The European Commission is responsible for setting up the platform. Click here to enter the European Online Dispute Resolution Platform

11. Electronic Data Processing

Train4you stores and processes personal data of customers for the purpose of contract fulfillment and customer care in compliance with the regulations of the EU General Data Protection Regulation (GDPR) that came into force on May25th, 2018.  Click here for the Data Protection Declaration

12. Insurance, Safety Advice

Train4you recommends that you take out insurance (travel cancellation costs, damages caused by car accidents during loading, transportation and unloading, burglary, etc.) in order to reduce the risks and costs associated with cancellation or transportation

13. Applicable Law; Place of Jurisdiction

The provisions of German law shall apply. Train4you provides all services exclusively according to the mentioned conditions. Only the wording of the German version of these Conditions of Carriage is legally binding. If the contract of carriage is concluded by a merchant within the framework of his trade, the place of jurisdiction is exclusively Cologne.

14. Inquiry; Contact

Booking and Travel Information:

Train4you Vertriebs GmbH

Magnusstrasse 18a,

50672 Cologne

e-mail:

Phone: 0221 800 20 820