AGB

Please note that in case of legal dispute only the German version of this document is legally binding.

AGB

Beförderungsbedingungen für die Benutzung des “Urlaubs-Express”, ein Produkt der Train4you Vertriebs GmbH

Valid from 01.07.2023

Publisher: Train4you Vertriebs GmbH, Kolumbastraße 5, 50667 Cologne, Germany
(hereinafter referred to as Train4you)

1. scope/preliminary remarks

These Terms and Conditions of Carriage apply to the carriage of persons as well as persons and their vehicles (passenger cars with or without trailers as well as motorbikes with or without sidecars as well as trikes and quads, also bicycles, e-bikes and pedelecs). The vehicles are transported by rail in open railway wagons from the loading station terminal to the destination station terminal. The carriage of vehicles is subject to the legal rules for luggage in accordance with the “Uniform Rules concerning the Contract of International Carriage of Passengers and Luggage by Rail (CIV)” as amended by Annex I to “Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations”. In these Conditions of Carriage, the term “customer” refers to the natural person making the booking as the contracting party to the contract of carriage. The term “passenger” means the customer and all other persons for whom the customer has booked and whom the customer has designated by name,journey.

2. subject and conclusion of the contract of carriage

2.1 Contractual content

By the contract of carriage Train4you as the contractual carrier undertakes to transport passengers and, if applicable, its motor vehicle to the agreed destination in accordance with the contract of carriage concluded. The content of the contract is documented in the tickets or reservation documents issued by the carrier. Contracts of carriage for several routes may be presented on one transport document, but even then they must be considered legally independent of each other. The ticket(s) for the person(s) is (are) supplemented, if necessary, by reservation receipts for accommodation on the train. Urlaubs-Express tickets issued by Train4you are in no case through tickets.

2.2 Posting

The booking can be made in writing, by telephone, by fax or electronically (by e-mail or via the Internet at www.urlaubs-express.de) to Train4you. The contract of carriage is concluded upon confirmation of the successful booking by Train4you. The customer will receive this confirmation in the form of an invoice – showing all service features and contract components as well as in particular the vehicle registered, if applicable, with the data and dimensions named in your booking request. These can be sent to the customer both by post and electronically by e-mail. If Train4you sends an additional confirmation of receipt of a booking, this does not represent the confirmation of the successful booking or invoice.

2.3 Travel agents

Travel agents (e.g. travel agencies) are not authorized by Train4you to make agreements, to give information or to make assurances which change the agreed content of the contract of carriage, go beyond the contractually promised services of the carrier or contradict the advertised transport service.

3. transport documents, obligations of the customer, environmental zones

3.1 Transport documents

The transport documents are delivered after full payment of the fare either by e-mail or, at the request of the customer, in writing by mail at a charge. On the documents all services to be provided by Train4you are again explicitly stated. The transport documents contain all relevant information on departure and arrival times as well as loading times in the sense of these GTC and are to be checked by the customer immediately after receipt for correctness, in particular with regard to the specified vehicle dimensions. Any discrepancies are to be reported to Train4you immediately. Later objections, especially after the trip has been carried out, cannot be considered. The documents must be presented to the staff on request at any time at the start of the journey or during the journey. The period of validity of the transport documents is determined by the dates of reservation indicated on the documents. The reservations are only valid on the designated day of travel for the booked train or for the booked vehicle transport.

3.2 Obligations of the customer

The customer is obliged to state all other passengers of his booking with their surnames and first names when making the booking. Changes of additional passengers after the booking are governed by point 5.4. The customer is obliged to truthfully and correctly provide the information required for the booking regarding vehicle dimensions (height, length, width with folded exterior mirrors according to the vehicle registration certificate or corresponding registration documentation), vehicle type (e.g. convertible), vehicle weight, the police registration number, information on roof and rear carriers approved for the purpose. If this information is incorrect, Train4you may refuse to take the vehicle; in this case, the customer may not claim damages. Further reasons for exclusion are summarised under point 6. Information on loading times is printed on the transport documents. The passenger must be on the train no later than the train departure time indicated on the transport documents. If the Customer has also booked a car transport, he/she is obliged to arrive with his/her vehicle at the DB Autozug terminal no later than at the time or within the period specified on the transport documents. If the customer does not arrive at the DB Autozug terminal on time, his right to carriage of the vehicle expires. Der Kunde kann in diesem Fall keine Schadenersatzansprüche geltend machen. The personal data provided by the customer and mentioned in the transport documents will be checked on the train on the basis of the official photo ID to be presented by the passenger. In the event of misuse, the passenger will be deemed to have been transported without valid transport documents, which will result in an increased fare being charged (double the current daily fare for the respective date of travel). The increased fare must be paid immediately to the train manager in cash or by credit card. Train4you reserves the right to block the customer from further bookings with Train4you. If the customer has forgotten his transport documents at the start of the journey, the same applies in principle, but the increased transport charge is reduced to 7 euros if the customer proves within one week of the start of the journey that he was in possession of a valid ticket at the time of the start of the journey.

3.2.1 Consequences of incorrect (too low) vehicle weight data

While wrong, too low information of the customer about the vehicle width and height must inevitably lead to exclusion from the transport in individual cases due to the construction of the car transport wagons and the nature of the railway track, the loading staff will try in the case of wrong, too low weight information to carry out a redistribution of the vehicles still to be loaded to the remaining free places within the scope of what is reasonable and taking into account the justified interests of other passengers at the loading terminal in such a way that the permissible total weight of each individual car transport wagon can be complied with. For this additional effort Train4you will charge a fee of € 35,- analogous to point 5.5 in case of success, to be paid on site in cash or by credit card.

3.2.2 Behaviour towards the train crew

The instructions of the train crew must be followed. Refusal to do so may result in exclusion from the journey. Reimbursement of costs for the missed part of the journey is excluded. The customer shall also bear the costs for the return of his vehicle, which for operational reasons can only be unloaded at the respective destination.

3.3 Low emission zones

If so-called environmental zones have been set up in individual cities, driving in and through these cities is only permitted with an “environmental badge”. An overview of the environmental zones for Germany is available on the website of the Federal Environment Agency http://gis.uba.de/website/umweltzonen/umweltzonen.php. Vehicles without an “environmental badge” may only use the DB Autozug terminals located in these cities in accordance with the specifications of these cities. The vehicle driver is responsible for compliance with these specifications. If there are delays 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 travel in a car train due to this, the vehicle driver indemnifies Train4you from all resulting claims. In particular, an extension of the loading times is not possible.

3.4 Diesel vehicles

The provisions under point 3.3 also apply mutatis mutandis to current or future restrictions on diesel vehicles imposed by local, state or federal authorities as well as foreign authorities.

4. transportation of persons, vehicles, animals and luggage

Train4you transports passengers and their vehicles in national and international traffic. Vehicles can be passenger cars with and without trailers, motorbikes with and without sidecars, as well as trikes and quads, also bicycles, e-bikes and pedelecs. The carriage of animals is limited to dogs and cats (see point 4.9.). Carriage will only be provided within the limits of available seats. Train4you may commission other licensed companies with the operational execution of the journey. As far as the Train4you only mediates services of third parties, their terms and conditions apply.

4.1 Transportation of persons

Train4you reserves seats in seating, couchette and sleeping cars on its trains for persons according to the respective booking. In seating and couchette carriages both single seat and compartment bookings are offered, in sleeping carriages only compartment bookings. There is no gender separation for single-seat bookings. When booking a single seat, a maximum of one child up to the age of three can be carried free of charge. When booking a compartment, a maximum of two children up to the age of three can be carried free of charge per compartment. The price for booking a couchette compartment for sole use applies to a maximum of four persons including children over the age of three. Only compartment bookings are offered in sleeping cars.

4.1.1 Smoking ban

Smoking is not permitted on the entire train. Violations of the smoking ban always lead to exclusion from the train. Train4you charges a fee of € 1500,- for fire alarms triggered by smoking. Train4you charges € 200,- for additional cleaning effort due to smoking in the compartments or corridors. Violations of the smoking ban are considered a misdemeanour in the sense of § 5 Abs. 2 Bundesnichtraucherschutzgesetz (BNichtRSchG) and will be reported to the police.

4.2 Carriage of vehicles

Vehicles are transported in open vehicle transport wagons (railroad wagons). In principle, only vehicles approved for public road traffic (StVO) and roadworthy can be transported. The following are admitted for carriage:

  • Passenger cars (passenger cars according to StVO) with and without trailer,
  • Motorcycles with and without sidecar,
  • Trikes and Quads
  • Bicycles (two-wheelers, non-motorised)
  • E-Bikes and Pedelecs

4.2.1 Duties of the vehicle driver

The driver undertakes to take all precautions on the vehicle to avoid damage to damage (to his own vehicle, to other vehicles as well as to the railway vehicles or to the property of other third parties). third parties. This includes in particular:

  • closing and locking the sliding roof or the folding roof on convertibles
  • closing the ventilation flaps and windows
  • retracting the antenna or removing roof antennas as well as antennas that cannot be retracted and folding in the exterior mirrors
  • Securing wind deflectors, external blinds and other attachments, luggage, bicycles, sports equipment etc. on the vehicle against being torn off by the wind, alternatively dismantling these parts before loadin
  • the adequate protection of the water-bearing systems against frost
  • load securing that meets the requirements of railway operations. Trailers with cargo must be closed with an associated tarpaulin (lower loading level) or with a hard shell made of plastic or metal (upper loading level). The decision on the suitability of vehicles for transport is the responsibility of the loadmaster on site.

The use of tarpaulins to protect the vehicles is not allowed. However, the use of a tarpaulin belonging to the vehicle and specially adapted is allowed. After loading the vehicle, turn off the ignition and remove the ignition key. The handbrake must be applied and the first gear must be engaged. For vehicles with automatic transmission, the selector lever shall be placed in the “P” position or, if specified by the manufacturer, in the “0″ position. Windows, doors, roof and convertible tops shall be closed; vehicles shall be locked. Since it is possible to transport the vehicles in reverse on the entire route or on parts of the route (changing direction of travel), the safety measures shall also be set up for this. In particular, all parts (attachments) on the vehicle that cannot withstand the stresses of such backward transportation must be removed before the start of the journey. In order to protect the windshields of the motorcycles against damage during possible transports against the natural direction of travel, the windshield must be secured by the customer by means of a windshield securing belt. The customer is responsible for ensuring that his vehicle is suitable for reverse transport up to 140 km/h.

4.2.2 Vehicle restrictions

The vehicles may have a maximum of eight seats other than the driver’s seat. Each vehicle must be accompanied by at least one adult person with a valid driver’s license (vehicle driver). The total number of persons allowed in the vehicle is determined by the number of seats allowed in the vehicle registration document.

4.3 Bicycles, e-bikes, pedelecs Bicycles, e-bikes and pedelecs can be booked and loaded separately depending on space availability. Bicycle transport is subject to a charge. Freight bikes, special bikes or two-track bikes are excluded from carriage. The permissibility of transporting bicycles connected to the vehicle, e-bikes and pedelecs on luggage carriers is regulated under point 4.12 and point 4.13. Liability for damage to bicycles or loss is governed analogously by the provisions in point 4.7 and point 4.10. It is prohibited to charge accumulators for e-bikes and pedelecs at the sockets on the train.

4.4 Vehicle dimensions

Vehicle dimensions, in particular the permissible height, may vary for individual destinations (see Appendix 1). Train4you will point this out separately on the product homepage of the holiday express (www.urlaubs-express.de). The following restrictions generally 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 as published on the homepage of the Holiday Express (www.urlaubs-express.de) and in Appendix 1; measured with folded-in exterior mirrors.
  • permissible total height of the vehicle as published on the homepage of the Holiday Express (www.urlaubs-express.de) and in Annex 1;
  • permissible total length of the vehicle 530 cm
  • maximum nine passenger car seats (incl. driver’s seat)
  • Permissible length for vehicles with trailers 10 metres;
  • Loading height for trailers maximum 155 cm.

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

The vehicles must be ready for loading at the DB Autozug terminal within the loading times specified in the transport documents. The transport documents must be presented to the loading staff at the loading terminal. Vehicles arriving at the DB Autozug terminal after the loading time has expired cannot be transported. Unless otherwise instructed by the staff on site, the loading and unloading of the vehicles and any necessary transfer to the vehicle transport wagon is always the responsibility of the vehicle driver at his own risk. Due to the design, the loading area for vehicles is limited laterally by safety rails at a distance of 1940 mm. Train4you is not liable for damages to rims and tyres of the vehicles due to contact with the safety rails. In order to better avoid damages, the company offers to instruct the driver free of charge up to the final parking place upon request of the driver. The loading personnel may instruct the driver to drive on one side of the securing rail or to use other aids to avoid damage. Train4you is only liable for possible damages caused during loading or unloading in cases of own fault or in cases of fault of vicarious agents of Train4you. The driver has to leave the car carrier immediately after loading the vehicle. If a member of the loading staff exceptionally takes over the loading and unloading, the vehicle driver has to sign a “liability release declaration”. The instructions of the loading staff must be followed without fail. During the loading operation, the vehicle driver must exercise the necessary care. This includes moving the vehicles on the vehicle transport wagons at walking speed. During loading and unloading, no persons other than the vehicle driver may be in or on the vehicle. Since certain parking spaces are allocated due to the vehicle dimensions and weight, it cannot be guaranteed that the request for correction of the parking space can be met.

4.4.1.1 Launch failure at destination

If the vehicle cannot be started under its own power when unloading at the destination due to an empty battery because of a violation of point 4.2.1, Train4you can provide the driver with an electric jump start if available in order to minimise a delay in the unloading of other vehicles and consequential damages for Train4you due to disruptions in the operation. Starting the vehicle with the jump start is the responsibility of the vehicle driver. The vehicle driver can delegate the execution to the loading staff. In this case Train4you and its vicarious agents are not liable for damages to the vehicle during the starting attempt.

4.4.2 Helmet obligation

For motorcyclists, helmets are compulsory when loading and unloading the motorcycle on the vehicle transport trolley.

4.5 Hazardous substances

It is not permitted to carry hazardous substances (in particular highly flammable, combustible or explosive substances) with the exception of fuel necessary for the operation of the vehicle. The carrying of fuel is only permitted for passenger cars and limited to 1 reserve canister with a maximum capacity of 20 liters. For motorcycles, the carrying of spare canisters – even empty ones – is prohibited. Shut-off cocks for fuel lines must be closed. All fuel lines must be tight, as well as fuel tanks, which must be tightly closed. Fuel may not be removed or added while vehicles are on railroad property.

4.6 Parking the vehicle Earth.

After the vehicle has been parked, access to the vehicles after they have been loaded or before they have been unloaded – in particular also during transport – is not permitted. Neither persons nor animals may remain in the vehicles during transport. After arrival, the vehicles will be unlocked by the loading staff. Entering the car transport vehicles is only allowed after release by the loading staff and only by the vehicle driver. Train4you points out that there are risks to life and limb when entering the car transport wagons when the overhead line is switched on. For the departure from the car transport wagon the duties according to point 4.4.1 are valid for the vehicle driver.

4.7 Vehicle damage

Transport damage to vehicles must be reported by the vehicle driver to the loading personnel immediately upon discovery, but no later than upon unloading, and must be established in writing by means of a damage survey. It is not possible to make a claim for damage after the vehicle has left the motorail terminal.

4.8 Liability of the vehicle driver

If the driver violates the obligations listed in section 4.2.1 to 4.6 above and causes damage, he is liable to Train4you as well as to third parties for any damage caused by the violation.

4.9 Transportation of pets

With the exception of dogs and cats, animals may not be taken on board. Dogs and cats may be taken along if they do not suffer from contagious diseases, if one compartment per animal has been booked for sole use and the animal has been registered at the time of booking. In addition, dogs or cats may be taken on board only under the following conditions: Dogs that are not placed in containers such as hand luggage may only be taken on board if they are leashed outside the compartment and fitted with a muzzle suitable for them. Guide dogs for the blind and companion dogs as defined in § 145 Para. 2 No.2 SGB IX are exempt from the muzzle requirement. Cats may only be taken on board if they are not dangerous and are kept in containers similar to hand luggage. The containers must be designed in such a way as to prevent any harm to persons or property. For hygienic reasons, animals are not allowed to use the bed, couch and sitting areas. In carriages with catering facilities, animals – with the exception of guide dogs and assistance dogs as defined in section 145 para. 2 No. 2 SGB IX – may not be taken along. The customer is responsible for compliance with any official requirements (in particular veterinary requirements in the case of cross-border transport). It should be noted that 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, in addition to the ticket price for the animal, for any damage caused by the animal, or increased cleaning costs, in the amount of € 50 per journey.

4.10. Transportation of baggage and other objects

In principle, the customer alone is responsible for compliance with any customs and administrative regulations and obligations. Luggage may be left on, on top of and in the vehicles during carriage by car train. However, only approved commercially available, permanently mounted roof boxes or carriers may be transported on the vehicle. The provisions of point 4.2.ff. must be observed. The driver must ensure that the vehicle is securely lashed down and that the permissible loading dimensions are observed. The attachment of objects, e.g. surfboards, fir trees, winter sports equipment, cupboards etc. to the roof rails is not permitted. Luggage attached to motorbikes may remain on the motorbike if the luggage forms a solid complete unit, the pieces of luggage are firmly attached to the motorbike and no attachment points required for lashing are covered. Motorcycle helmets must not remain on the motorcycle during the train ride. 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 non-attributable acts of third parties (burglary of wagons and vehicles, vandalism, etc.) and not for damage or loss of luggage left in or on the vehicle. Train4you is only liable in cases of own fault or in cases of fault 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 (no self-made), approved permanently mounted roof boxes or roof racks and the total height of the passenger car permitted on the car carrier is not exceeded as a result. Roof racks and roof boxes must be registered at the time of booking. The loading staff may instruct the customer to remove roof racks or the roof box from the vehicle for safety and loading reasons. Train4you is entitled to load roof boxes separately from the vehicle on the car carrie

4.12 Carriage of bicycles on rear carriers

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

4.13 Carriage of e-bikes and pedelecs on rear carriers

For the transport of e-bikes and pedelecs on rear carriers, the following applies in addition to 4.12: 1.) For rear carriers, the vehicle driver must present the loading staff with a general operating permit (ABE) from the manufacturer or the TÜV, which states the permissible load weight of the rear carrier, upon request before loading. If the driver is unable to produce the ABE, the loading staff may refuse carriage. Such a refusal does not entitle the customer to any claims for damages. 2) The loading staff may, at their own discretion, take additional load securing measures on the rear carrier or load the e-bikes or pedelecs separately. 3) Batteries must be removed from the e-bike or pedelec and stowed in the driver’s car.

5. transportation fee, payment, rebooking, cancellation

5.1 Transport charge

The carriage charge varies according to the days of travel, booking date, type of vehicle and accommodation and consists of the carriage charge for the passengers and, if applicable, the carriage charge for the vehicle. The transportation charge includes a non-refundable system fee in the amount of 25 EUR per booking and route.

5.1.1 Child discount

Children up to and including 3 years of age travel free of charge when accompanied by a paying adult, unless a separate seat/bed is claimed for them. Special children’s prices apply for children from 4 up to and including 14 years of age.

5.1.2 Reduction for persons accompanying disabled personsn

A necessary accompanying person (symbol B) shown on the disabled person’s identity card is carried free of charge. This is only relevant for single seat bookings in the couchette car. Further reductions are not granted. A reduction for the disabled person is not granted. For compartment bookings in the couchette or sleeping car, the current compartment price applies. Bookings can only be made by telephone or in writing (fax, letter, e-mail), but not via the Internet. Seating, sleeping and couchette carriages as well as the on-board restaurant or club carriages of Train4you trains are currently only suitable to a limited extent for customers with restricted mobility. In particular, the width of the side corridors and the dimensions of the toilets do not allow wheelchairs to be used. Against this background, it is essential that persons with reduced mobility are accompanied by an escort when travelling with the holiday express. Train4you will assist with the organisation of boarding and alighting aids on request, provided these are available at the boarding and alighting stations.

5.2 Payment

5.2.1 Payment period (I)

If the total invoice price exceeds € 500, 30% of the carriage charge and other services are due as a deposit within 14 days of receipt of the written booking confirmation/invoice. The deposit includes the non-cancellable system fee from 5.1. The deposit will be credited against the carriage charge. The balance must be paid – without further request – at the latest 28 days before the date of travel. If the deposit of 30% of the fare is not received by Train4you within the specified period, the full fare will be due immediately.

5.2.2 Payment period (II)

If the total invoice price does not exceed € 500, the total transport fee including any insurance (e.g. travel cancellation insurance) is due within 28 days of receipt of the written booking confirmation/invoice. In the case of short-term bookings – if there are less than 28 days between the booking date and the travel date – the full amount of the carriage charge is payable immediately.

5.2.3 Consequences of default

If the full deposit / balance (point 5.2.1) or total amount (point 5.2.2) is not received within the deadlines stated on the booking confirmation/invoice (see above) and if it is not paid even after being requested to do so under penalty of refusal, Train4you is entitled to terminate the contract without notice and to cancel the booking. In this case Train4you can claim the costs to be calculated according to point 5.3 as compensation, provided that there is not already at this point an effective reason for cancellation in favour of the customer. Without full payment of the fare, there is no entitlement to the provision of the transport service.

5.2.4 Payee

Payments are to be made exclusively to the recipient shown on the invoice, quoting the invoice number. If the amount is paid to someone else, the payment is made at the customer’s own risk and therefore only entitles the customer to use the transport service if the fare has been received in full by Train4you. Payments are only accepted by bank transfer.

5.2.5 Credit notes

Any credits (e.g. for rebooked or cancelled transport documents (see point 5.3 and point 5.4) will be made exclusively to an account to be specified by the customer for this purpose.

5.3 Cancellations by the customer

The customer is entitled to cancel the contract of carriage in writing, either in whole or in part, up until the start of the journey. The personally signed cancellation declaration is to be sent by post or e-mail to the following address: Train4you Vertriebs GmbH, Kolumbastraße 5, 50667 Cologne or info@train4you.de. After receipt of the booking confirmation, a (partial) cancellation free of charge is no longer possible. In the event of (partial) cancellation, reasonable compensation for the arrangements made and expenses incurred will be demanded. Decisive for the calculation of the cancellation fee is the receipt of the cancellation declaration by Train4you. The (partial) cancellation fee is charged on all booked services, especially passenger transport, animal transport, vehicle transport, shortening of the journey, catering services. Compartment bookings can only be cancelled as a whole; the non-participation of booked passengers is not refundable in the case of a compartment booking. The cancellation fee is calculated as follows after deduction of the system fee:

up to 90 days before departure 20% of the ticket price or partial service price
89 to 42 days before departure 35% of the ticket price or partial service price
41 to 28 days before departure 50% of the ticket price or partial service price
27 to 14 days before departure 60% of the ticket price or partial service price
13 to 4 days before departure 70% of the ticket price or partial service price
From 3rd day before departure or no-show 90% of the ticket price or partial service price

The refund of the remaining fare will be made upon request of the customer. The fare will only be refunded in full if the customer is unable to make the journey for reasons for which Train4you is responsible. Further claims for damages are excluded.

5.4 Changes to booked services (rebooking by the customer)

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

  1. a) Rebooking of the accommodation on the train

A rebooking from a lower booking class to a higher booking class is possible. The processing fee for such a rebooking amounts to € 35 per route. In addition, the difference between the original accommodation price and the current accommodation price in the new category must be paid. Special on-board tariffs apply to rebookings on the train. Rebooking from a higher to a lower booking class is considered a partial cancellation. In this case, the provisions of point 5.3 shall apply mutatis mutandis.

  1. b) Rebooking of travel date and/or route

The date and/or route of the journey may be changed once up to 14 days before the departure of the train, provided that seats are available on the alternative date. The new date of travel may not be more than four weeks before or after the original date of travel. It is imperative that there are at least seven days between the day of the rebooking and the new day of travel. A processing fee of €35 per route and transaction will be charged for such a rebooking. In addition, the original fare will be refunded and the new daily fare will be charged in addition to the handling fee. A shortening of the booked route, other changes as well as a failure to commence the journey or withdrawal from the contract are deemed to be cancellations according to point 5.3.(c) changes in participating passengers

  1. (c) changes in participating passengers

The customer must notify Train4you in writing of any changes in the passengers belonging to his booking immediately after becoming aware of the change. A change is deemed to be the exchange of a person under the booking conditions of the person no longer participating. For this change Train4you charges a handling fee of € 35,–. The carriage of passengers not named by name is considered as carriage without valid transport documents according to point 3.2.

5.5 Changes to the vehicle to be transported by the customer

If a vehicle other than the one specified in the booking is to be transported, a corresponding rebooking is only possible in the following cases: a) The other vehicle is identical in its technical dimensions and weights to the vehicle specified in the booking. b) The other vehicle has smaller dimensions or a lower weight, the prerequisite for such a rebooking is that the written rebooking request is received by Train4you up to 7 days before the actual journey date. A rebooking to a vehicle which does not fall under a) or b) is only possible if there is still space available for such a vehicle on the vehicle transport wagons and a corresponding written rebooking request has been received by Train4you up to 7 days before the actual journey date. For a rebooking of the vehicle a handling fee of 35,- € will be charged.

5.6 Rebooking by Train4you

Train4you reserves the right to change bookings on board at short notice due to operational necessity. Resulting refunds will be made afterwards via the service center. Cash payments on board are excluded.

6. cancellation by Train4you

6.1 Termination for cause

Train4you may terminate the contract of carriage before the start of the journey and during the carriage for good cause. An important reason is in particular if:

  • the actual dimensions of the vehicle or other data important for the transport (e.g. fabric roof, roof superstructure, vehicle weight) deviate during loading from the data originally specified during booking and noted in the vehicle accompanying document. In this case, the customer is also not entitled to a refund or compensation for damages.
  • the full deposit / balance (point 5.3.1) or total amount (point 5.3.2) is not received by Train4you within the deadlines stated therein and is not paid even after a request with a deadline and threat of refusal. In this case Train4you is entitled to terminate the contract without notice and to cancel the booking. Train4you can claim the costs to be calculated according to point 5.3 as compensation, provided that there is not already at this point an effective reason for withdrawal in favour of the customer.

6.2 Termination due to force majeure

If the journey is made considerably more difficult, endangered or impaired as a result of force majeure which could not be foreseen at the time of conclusion of the contract (strike, natural disasters, route closures, official measures or similar), both Train4you and the customer may terminate the contract. Additional costs for the return journey are to be borne by the parties in equal parts. Otherwise the additional costs are to be borne by the customer.

6.3 Withdrawal due to failure to reach a minimum number of participants

6.3.1 General

Train4you is entitled to cancel in case of non-achievement of a minimum number of participants of 20 booked vehicles per trip according to the following regulations: a) The minimum number of participants and the latest time of cancellation by Train4you must be stated in the specific trip offer or, in case of uniform regulations for all trips or certain types of trips, in a general notice (resp. on the booking platform on the internet) or in a general description of services. b) Train4you is obliged to immediately declare the cancellation of the trip to the passenger if it is clear that the trip will not be carried out because the minimum number of participants has not been reached. c) Cancellation by Train4you later than 28 days before the start of the journey is not permitted.

6.3.2 Alternative offer

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

6.3.3 Repayment

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

7. service and price change

7.1 Deviations of individual services and duties

Changes and deviations of individual travel services and obligations from the agreed content of the transport contract that become necessary after conclusion of the contract are possible, provided they are not significant and do not affect the overall nature of the trip. This includes changes to the booking class and changes to the timetable, e.g. due to road works or route closures.

7.2 Increase of fees

If the charges existing at the time of conclusion of the contract of carriage, such as station, train path and terminal charges, are increased vis-à-vis the carrier, the fare may be increased by the corresponding pro rata amount. The same shall apply in the event of an increase in value added tax. In this case, the fare shall be increased according to the following calculation: a) In case of an increase related to the seat reservations, the carrier may demand the amount of the increase from the customer. b) In other cases, the amount of the increase shall be charged by Train4. In other cases the additional transport costs demanded by Train4you per means of transport will be divided by the number of seats or parking spaces (for cars, motorbikes etc.) of the agreed means of transport. The resulting increase for the single seat or the parking space can be demanded by the carrier from the customer. An increase in the carriage charge 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 the increase had not yet occurred before the conclusion of the contract and could not have been foreseen by the carrier at the time of the conclusion of the contract. In the event of a subsequent change in the price of carriage, the carrier shall inform the customer without delay. Price increases from the 20th day before the start of the journey are invalid. In the event of price increases of more than 5%, the customer shall be entitled to withdraw from the contract without incurring any charges or to demand participation in a journey of at least equivalent value if the carrier is in a position to offer such a journey from its range of services at no extra charge to the customer. The customer shall assert this claim against the carrier immediately after being notified of the price increase.

8 Liability of the customer

8.1 Compliance with the obligations

The customer is obliged to comply with the obligations set forth in these Terms and Conditions of Carriage. This applies in particular to compliance with the prescribed maximum dimensions of the vehicle.

8.2 Liability reasons

The customer shall be liable to Train4you for any damage caused by its failure to comply with these obligations, unless it proves that the damage was caused by circumstances which it could not avoid and the consequences of which it was unable to prevent, despite exercising the care required of a conscientious customer.

8.3 Limitation

The provisions of Article 60 of CIV as amended by Annex I to Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations shall apply to the limitation of claims arising from the contract of carriage.

9. liability of Train4you towards customers for delays, cancellations, missed connections

9.1 Onward Transportation / Fare Reimbursement

1.) Customers without a vehicle booking: If it must be reasonably assumed at the time of departure that upon arrival at the destination according to the transport contract the delay will be 60 minutes or more, the customer shall immediately have the choice between

  • Continuation of the journey or continuation of the journey with a changed routing under comparable transport conditions to the destination at the next opportunity;
  • Continuation of the journey or continuation of the journey with a changed routing under comparable transport conditions to the destination at a later time at the passenger’s choice.
  • reimbursement of the full fare, under the conditions under which it was paid, for the part or parts of the journey not made and for the part or parts already made if the journey has become pointless according to the passenger’s original travel plans, together with a return journey to the first point of departure at the earliest opportunity, if appropriate.

2) Customers with vehicle booking: If it must be reasonably assumed before the start of loading that a car train will arrive more than 60 minutes late at the destination station in accordance with the contract of carriage, the provisions under 1) shall apply 3) If it must be reasonably assumed after the start of loading (from the time the car transport wagons enter the station) that a car train will arrive more than 60 minutes late at the destination station in accordance with the contract of carriage, the customer shall immediately have the choice between

  • a) the continuation of the journey or the continuation of the journey with a changed route to the destination at the next opportunity, or
  • b) the continuation of the journey or the continuation of the journey with a changed route to the destination at a later date.

9.1.1 Discharge

Since, in the case of 3), immediate unloading of the motor vehicle is not possible for operational reasons, but the motor vehicle must always be carried on to the destination station in accordance with the contract of carriage, the following shall apply in the event that a claim is made by the customer in accordance with No. 9.1: a) The driver of the vehicle shall hand over his vehicle key to the train manager and sign a declaration of release from liability in accordance with the Annex to these Conditions of Carriage. The vehicle will then be unloaded at the booked destination station and made available for him/her at the DB Autozug terminal or in the immediate vicinity, if possible. If it can be proved that the person entitled has 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

The customer is not entitled to compensation if he or she was already informed of the delay before booking. For tickets issued earlier than one month before departure, the journey times stated there are provisional and correspond to the status at the time the ticket was issued. Train4you informs on its homepage and on the tickets about the respective valid arrival and departure times. It is the customer’s responsibility to find out about any deviations and the final journey times. In addition, the passenger will be informed individually about changes after the ticket has been issued and their reasons by sending a newly issued ticket and/or by e-mail. Information about delays and connections during the train journey is provided by the train staff via the on-board intercom system or individually during the night-time rest period (23.00 – 05.00 hrs). Arrival time is the time of arrival determined by the network operator, not the unloading time. Customers must allow for waiting times.

9.1.3 Failure, Delay or Missed Connection

Train4you shall be liable to the customer for the damage caused by the fact that the journey cannot be continued on the same day due to cancellation, delay or missed connection, or that under the given circumstances a continuation on the same day is not reasonable. The compensation shall include the reasonable costs incurred by the customer in connection with the overnight stay and with the notification of the persons expecting him, but shall not exceed the amount of the fare. Any fare refunds will be calculated on the basis of the ticket value of the persons carried. Train4you is exempt from this liability if the cancellation, delay or missed connection is due to any of the following causes:

  • circumstances outside the railway operation which Train4you could not avoid despite exercising due care in the circumstances of the case and the consequences of which it was unable to avert (e.g. theft of cables, persons on the track, official measures, delay due to exceptional circumstances such as extreme weather conditions or major natural disasters which jeopardised the safe operation of the transport service) or
  • if the delay was caused by a serious public health crisis, such as a pandemic; or
  • fault of one or more passengers, or
  • behaviour of a third party which Train4you could not avoid and the consequences of which it was unable to avert despite exercising due care in the circumstances of the case. Rights of recourse remain unaffected.

9.1.4 Compensation for delay

Without losing the right to carriage, a customer is entitled to compensation for delays if he or she suffers a delay between the point of departure and destination indicated on the ticket for which no fare reimbursement has been made in accordance with point 9.1.3. The compensation for delays is:

  1. a) 25 % of the price of passenger transport per route in the event of a delay of 60 to 119 minutes
  2. b) 50 % of the price of the fare for passenger transport per route from a delay of 120 minutes onwards

Train4you is exempt from this liability if the cancellation, delay or missed connection is due to one of the following causes:

  • circumstances outside the railway operation which Train4you could not avoid despite exercising due care in the circumstances of the case and the consequences of which it was unable to avert (e.g. theft of cables, persons on the track, official measures, delay due to exceptional circumstances such as extreme weather conditions or major natural disasters which jeopardised the safe operation of the transport service) or
  • if the delay was caused by a serious public health crisis, such as a pandemic; or
  • fault of one or more passengers, or
  • behaviour of a third party which Train4you could not avoid and the consequences of which it was unable to avert despite exercising due care in the circumstances of the case. Rights of recourse remain unaffected.

9.2 Entitlement to fare compensation

The customer concludes a contract of carriage with Train4you per route with additional transport service (freight), if any. In this respect the contract does not contain a totality of travel services. Train4you does not owe any overall success beyond the transportation. A delay does not deteriorate the transport service regularly and without further ado and therefore does not justify a claim for compensation of immaterial damages.

9.3 Assertion of claims

Claims are to be made exclusively in writing and using the forms issued by Train4you. These are: a) Passenger Rights Form (available for download on the Holiday Express homepage, and b) Vehicle Damage Report (issued at the vehicle terminal by the loading staff/train manager). All applications must be submitted by e-mail to info@train4you.de or by post to: Train4you Vertriebs GmbH – Customer Management – Kolumbastraße 5 50667 Cologne, Germany

9.4 Limitation

Claims under the above points 9.1 – 9.3 become time-barred within three months of the expiry of the validity of the ticket.

9.5 Reasons for exclusion of liability

Train4you is liable to the passenger (apart from claims arising from Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations and from the CIV) in principle only 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 causing injury to life, body or health also in case of slight negligence. In the event of a breach of essential contractual obligations, however, the obligation to pay compensation shall be limited to the typical, foreseeable damage. Except in cases of intent, gross negligence or breach of essential contractual obligations, liability for property damage to each passenger is limited to a maximum amount of € 1,000. The provisions of the German Liability Act (HPflG) remain unaffected in all other respects.

10. online dispute resolution platform

According to applicable law, Train4you is obliged to inform consumers about the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for the establishment of the platform. Please click here for the European Online Dispute Resolution Platform.

Train4you Vertriebs GmbH does not participate in dispute resolution proceedings before the Federal Arbitration Board or other arbitration bodies (§ 36 VSBG).

11. electronic data processing

The company Train4you stores and processes personal data for the purpose of contract execution and customer support in compliance with the data protection regulations according to the General Data Protection Regulation that came into force on May 25, 2018. You can find the data protection guidelines of Train4you here.

12. insurances, safety notice

Train4you recommends the conclusion of insurances (travel cancellation costs, car train damage during loading, travel and unloading, burglary) in order to mitigate the risks and costs basically associated with a cancellation or transportation.

13 Applicable law; place of jurisdiction

The provisions of German law apply to the carriage. All services are provided by Train4you exclusively according to the mentioned conditions. If the contract of carriage is concluded by a merchant within the scope of his trade, the place of jurisdiction is exclusively Cologne.

14. request; contact

Booking information:
Train4you Vertriebs GmbH
Kolumbastraße 5
50667 Köln
E-Mail: info@train4you.de
Tel.: 0221 800 20 820