General Terms and Conditions of Carriage BERGBAHNEN IM SIEBENGEBIRGE GmbH
§ 1 Scope of application
(1) These General Terms and Conditions of Carriage, which are published on a notice board, apply to the carriage of persons and property and to stays on railroad premises.
(2) The railroad premises include tracks, stations, waiting rooms, platforms and their accesses.
§ 2 Order and Safety
(1) Signs regulating the behavior of passengers are mandatory.
(2) Instructions given by railroad personnel for the conduct of operations, for the maintenance of quiet, safety and order within the railroad facilities and in railroad traffic must be followed immediately.
(3) Unless otherwise instructed by the railroad personnel, it is not permitted to
Enter the railroad facilities and rooms in the stations that are not open to the general public or passengers for their intended purpose. This does not apply to persons exercising state sovereign rights and acting in the performance of public service. They shall identify themselves by a certificate issued by their authority. Other persons may be allowed to enter the railroad facilities by the operations manager or his deputy. to damage or contaminate the installations, the operating equipment and the rolling stock. To create obstacles, to set the railroads or rolling stock in motion without authorization, to operate the equipment serving the operation or the prevention of accidents, to carry out other actions disturbing or endangering the operation. For the removal of soiling and obstacles the costs, at least however € 100,00, are to be paid by the causer, provided that he does not furnish proof of a smaller damage.
to disembark at places other than those designated for this purpose.
Smoke in the stations and during transportation.
To keep objects out of the means of transport, to throw away objects during the journey.
(4) At the end of the journey, passengers shall leave the vehicles and disembarkation points quickly in the direction indicated.
(5) It is not permitted to stay in the area of the tracks.
(6) As long as a rack railroad is in motion, it is prohibited to open running boards or doors.
§ 3 Carriage of passengers
(1) Passengers have a right to transportation insofar as there is a transportation obligation under the relevant legal provisions and transportation is possible and permissible with the existing facilities. § 8 remains unaffected.
(2) The transport times are published in the posted timetable. Special agreements remain unaffected, this also applies to trips not provided for in the timetable.
(3) No guarantee is given for the suitability of the equipment for the transportation of passengers with disabilities.
§ 4 Carriage of property
(1) Passengers are allowed to take lightly portable objects (hand luggage) into the passenger cars free of charge.
(2) The carriage of animals is permitted only to the extent that it does not cause unreasonable hardship or danger to persons, property or the railroad.
(3) Firearms, explosive, highly flammable or corrosive substances may not be carried on the train unless they are being carried by persons performing official duties or by persons authorized to hunt. They themselves or their employers shall bear unlimited liability for any damage resulting from the carrying of these items.
(4) The personnel must check the possibilities so that baby carriages (no bicycle trailers, etc.) and wheelchair users can be taken along. In this regard, the staff retains the final decision on the possibilities for carrying and accommodation.
§ 5 Exclusion from carriage
(1) Persons may be excluded from carriage,
who violate the conditions of carriage or do not follow the instructions of the railroad staff,
who, through their own misconduct - including when queuing - cause an unacceptable nuisance to passengers, significantly disrupt operations or cause unacceptable damage to operations,
who are drunk or under the influence of other intoxicants,
who allow themselves to be transported without a valid ticket or with a driving authorization issued to another person.
(2) The ticket may be temporarily or permanently withdrawn from a person in the event of a serious violation of the provisions of the Conditions of Carriage, in particular if such person
endanger the safety of railroad installations or
disregard the prohibitions, orders and instructions or do not follow the instructions of the railroad personnel.
(3) In addition to the revocation of the ticket, the right is reserved to file charges in criminal or fine proceedings.
(4) The ticket itself remains the property of the railroad.
§ 6 Fares and tickets
(1) The passenger is obliged to
to show tickets and other cards according to the route, or to have them read automatically
keep tickets and other cards after the end of the journey until leaving the platform, including entrances and exits
to present and hand over tickets and other cards to staff on request
holders of personal time tickets are required to show their identification. Children and adolescents must show proof of their age, unless the age can be determined without difficulty on the basis of body size.
(2) Personal tickets/permanent tickets are not transferable; individual tickets are no longer transferable once the journey has begun or the ticket has been used once for access to the transport facilities.
(3) The fares are announced by notices in the stations.
(4) In case of non-use of a ticket, the fare shall be refunded upon request against return of the non-validated ticket. If the ticket has been used only on a partial route, the difference between the fare paid and the normal fare for the route covered shall be refunded. Applications shall be submitted to the railroad administration without delay, at the latest within six months.
(5) No refund shall be granted in the event of loss of a ticket.
(6) Entitlement to reduced fares for groups, etc. exists only if they have arrived together. Groups that are only formed at the place of transportation cannot be recognized as such. In cases of doubt, passengers must prove that they qualify for a reduced fare.
§ 7 Withdrawal/cancellation of a special trip.
1. you can declare the withdrawal from a special trip at any time. Any right of withdrawal remains unaffected. The declaration of withdrawal must be made in writing.
2. in case of a withdrawal, cancellation fees will be charged:
2.1 If the withdrawal is made up to one week before the start of the trip, no cancellation fees will be charged.
2.2 If the cancellation occurs later, 70 % of the total price must be paid.
§ 8 Release from the obligation to carry
Events of force majeure, e.g. weather conditions, as well as strikes, lockouts, operational disruptions or unforeseeable circumstances that may affect the safety of the driving operation, cause the obligation to carry to be postponed for the duration of the hindrance and a reasonable start-up time, or to lapse due to irremediable or untimely remedies.
§ 9 Liability and Compensation
(1) The railroad is liable in cases of intent or gross negligence as well as in cases of culpably caused injury to life, body or health in accordance with the statutory provisions. Otherwise, the railroad shall only be liable for culpable breach of essential contractual obligations. However, the claim for damages for culpable breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless another of the cases listed in sentence 1 is also given.
(2) A change in the burden of proof to the detriment of the Purchaser is not associated with the above provisions.
(3) Liability under the Product Liability Act shall remain unaffected.
§ 10 Data protection
Any collection, processing, storage and use of personal data of the passenger shall be carried out in compliance with the provisions of data protection law.To ensure the safety of the guests and the operation as well as to avoid misuse of tickets, the access areas are also temporarily monitored with a video system.This is indicated by information signs. The passenger agrees to the video system and the recording of images. The recording is carried out exclusively for the purpose of safeguarding house rights and operational security interests. The data is deleted immediately when it is no longer required to achieve the purpose. The relevant provisions of the Federal Data Protection Act will be complied with.
When purchasing a mountain railway ticket, the customer agrees to personal data being collected, stored, processed and used on the readers for control purposes. The data will be deleted within the legal requirements when the ticket is used in accordance with the contract. No personal data will be sold or lent to third parties.
§ 11 Place of performance
The place of performance for the mutual obligations of the railroad and the customer is the registered office of the railroad.
§ 12 Partial invalidity
Should individual provisions of these Terms and Conditions of Carriage be invalid or void in whole or in part, the remaining provisions shall remain unaffected and binding.
Königswinter, August 2014
Mountain railroads in the Siebengebirge GmbH