Terms and Conditions

Terms and Conditions of Fürst Reisen GmbH for the Rental of Buses

Dear customers, The following rental bus conditions, hereinafter abbreviated as "MOB", will, if agreed upon, form part of the contract upon conclusion. This contract is concluded in the case of renting buses between us, the company Fürst Reisen GmbH, hereinafter referred to as the "Bus Company" and abbreviated as "BU", and the customer, hereinafter abbreviated as "AG". Please read these MOB carefully before placing the order. We recommend carrying these MOB during the trip, informing your tour guides and other agents, as well as your passengers, about the content of these terms and conditions so that they can always orient themselves regarding their rights and obligations as AG and their impact on the behavior of the tour guides, agents, and passengers.

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Legal Basis, Scope of Application of These
Geschäftsbedingungen

1.1. The legal and contractual relationships between the BU and the AG are primarily governed by the agreements made in each individual case (especially regarding prices and services), these terms and conditions, provided they are effectively agreed upon, and, subsidiarily, by the provisions of rental law concerning the rental of movable property (§§ 535 et seq. BGB) as well as the law on service contracts (§§ 611 et seq. BGB).
1.2. These terms and conditions apply, provided they are effectively agreed upon, to contracts with natural persons and groups, insofar as the contract cannot be attributed to their commercial or independent professional activity (consumers within the meaning of § 13 BGB). These terms and conditions also apply to contracts with commercial or self-employed clients, provided they conclude the contract in the exercise of their commercial or independent professional activity (entrepreneurs within the meaning of § 14 BGB).
1.3. The following contractual provisions apply only to entrepreneurs as AG:
a) These terms and conditions also apply to all future contracts of the AG with the BU, even if these terms and conditions are not explicitly agreed upon, referenced, or declared applicable.
b) The BU and AG agree for all future contracts of the AG with the BU, in accordance with § 651a Para. 5 No. 3 BGB, that the provisions of §§ 651a et seq. BGB (Subtitle 4) do not apply to all travel services provided by the AG for their entrepreneurial purposes. AG and BU agree that the service is intended for entrepreneurial purposes if an invoice is issued to the AG's company.
c) The general terms and conditions of the AG do not apply to the contractual relationship with the BU, even if they are declared applicable by the AG, and even if the BU does not object to these terms.
1.4. Mandatory statutory provisions applicable to the contractual and legal relationship between the AG and the BU, particularly those of trade law and passenger transport law, as well as applicable regulations from European Union regulations (especially the Passenger Rights Regulation), remain unaffected by these contractual terms.

2. Conclusion of the Contract

2.1. The AG can express its interest in renting a bus orally, by phone, in writing, by e-mail, by fax, or – as long as the BU provides an appropriate inquiry form on its website – online via the corresponding inquiry form.
2.2. Based on the information provided, the BU informs the AG about the available vehicles, prices, services, and other conditions. This information does not yet constitute a binding offer from the BU to the AG. At the same time, the BU informs the AG about the form of any potential order placement.
2.3. By placing the order, the AG makes a binding offer to the BU to conclude a rental agreement. Unless a specific form is explicitly stipulated in the BU’s information about the contractual conditions, the order can be placed orally, in writing, by phone, by e-mail, by fax, or – if provided by the BU – online.
2.4. If the BU offers the possibility of a binding online booking via the BU's website, the BU informs the AG on the website about the steps required for a binding booking and the further process of contract conclusion. In this case, the online booking becomes binding for the AG when clicking the "Book with obligation to pay" button, meaning that by clicking this button, the AG submits a binding offer to the BU to conclude a rental contract, which, upon acceptance by the BU, leads to a binding contract with the AG. The provisions in sections 2.5 to 2.7 apply accordingly to this booking process.
2.5. The AG is bound to the contract offer made with the order, unless a different deadline has been explicitly agreed upon, for 7 business days.
2.6. The basis of the AG’s contract offer to the BU are the details of the vehicle, prices, and services as outlined in the information about the contractual conditions under section 2.2 and these terms and conditions.
2.7. The contract becomes legally binding for both the BU and the AG upon receipt of the BU’s confirmation of the contract by the AG.
2.8. If the BU, possibly after confirming the availability of the requested or proposed rental bus services by the AG, submits a binding offer, the contract will be concluded differently from the provisions in sections 2.1 to 2.3 and 2.5 to 2.7 as follows:
a) In this case, the BU's offer constitutes a binding offer to conclude the corresponding rental contract based on the prices and services specified in this offer and these MOB.
b) The contract becomes legally binding when the AG accepts this offer without modifications, restrictions, or other changes in the form prescribed by the BU and submits this acceptance within a deadline that may be specified by the BU. The BU is entitled, but not obligated, to accept late acceptance declarations. The AG will be notified accordingly.
c) The BU will confirm the receipt of the AG’s acceptance. However, the contract is already legally binding as soon as the AG’s acceptance is received by the BU, and the legal validity of the contract is not dependent on the receipt of this confirmation of receipt by the AG.
2.9. In the case of groups, authorities, associations, institutions, and companies, the contracting party and partner of the BU is exclusively the respective group, authority, etc., or the respective legal entity, unless the order is explicitly placed for a different natural or legal person or a group of persons as AG, or it is clear from the circumstances that the order is to be placed on their behalf. The person who places the order for a group, authority, association, institution, or company is liable for the obligations of the AG they represent as their own obligations, provided they have assumed this special liability through an explicit and separate declaration or have acted as an unauthorized representative under the legal provisions (§ 179 BGB).
2.10. The BU points out that, according to legal provisions (§ 312g paragraph 2 sentence 1 number 9 BGB), there is no right of withdrawal, even if the contract was concluded via distance selling. The AG’s other legal rights to withdraw and cancel remain unaffected.

3. Services and Scope of the Contractual Obligations of the BU, Time-Sensitive Transport, Seat Assignment

3.1. The performance obligation of the BU consists of the rental provision of the vehicle, including the driver(s), for passenger transport in accordance with the contractual agreements. Legal or regulatory provisions for passenger transport (especially driving and rest times of the driver(s)) in the sense of section
1.4 of these terms and conditions must be adhered to at all times and are part of the contract. Therefore, the BU is not responsible for the transport itself in the sense of a work contract success.
3.2. The reason and/or purpose of the transport subject to the contract is not part of the contract unless explicitly agreed upon with the BU. This applies in particular if the reason and/or purpose is mentioned in the calculation basis. The cancellation or change of the reason and/or purpose (in whole or in part), especially the cancellation or failure of destinations, events, visits, or similar, therefore does not entitle the AG to a free cancellation, termination, price reduction, or any other contract adjustments.
3.3. If the contractual transport service is intended to reach destinations or events at a specific time, the following applies:
a) The BU plans the time required and the resulting departure time, considering the route, weather conditions, driving times, and necessary breaks.
b) It is the responsibility of the AG, especially if they are a business, and particularly if the AG has experience with the destination, event, and/or route, to communicate any concerns or advice regarding the planned route or time requirements in a timely manner to the BU.
c) Unless the BU violates contractual or legal obligations, the BU is not liable for the timely arrival at the destination or event. Any costs incurred by the AG or its passengers due to delays are the responsibility of the AG.
d) If the BU takes measures to avoid delays or as a result of delays upon instructions or in agreement with the AG or its representatives (e.g., communication, deployment of additional drivers, use of alternative transport), the AG must reimburse the BU for the corresponding expenses.
3.4. The BU's performance obligation does not include supervision of passengers. When transporting minors, the BU does not assume any contractual supervisory responsibility.
3.5. Regarding the BU's performance obligation for disabled persons or persons with reduced mobility:
a) Assistance and care services are only owed by the BU if expressly agreed upon or legally required.
b) The AG is obligated to inform the BU in advance of the expected number of persons requiring assistance and provide detailed information about their restrictions and needs. This information must be updated and clarified in time before the trip. If a substantial increase in the number of persons requiring assistance compared to the information provided before the contract conclusion requires the use of a different bus, additional drivers, or other special measures, the AG must pay an additional fee beyond the agreed remuneration.
3.6. The BU has no obligation to supervise items left behind by the AG or its passengers in the vehicle's passenger area. Similarly, the BU has no obligation to supervise luggage during loading and unloading. This does not affect claims from the AG or passengers arising from breaches of duty by the BU and/or the driver concerning the proper parking and locking of the bus and luggage compartments, as well as any technical defects in the bus.
3.7. Unless expressly agreed otherwise, the following applies to information and regulations related to the trip, especially for trips abroad:
a) The BU is not obliged to provide the AG or its passengers with advice regarding visa, entry, currency, and customs regulations. The AG is responsible for complying with these regulations, ensuring compliance, and obtaining the necessary documents, permits, and papers. The AG must instruct its passengers to comply with these regulations and carry the necessary documents, identification papers, and permits.
b) The BU does not owe the AG any advice regarding the legal consequences of renting the bus, the reason, destination, purpose, or execution of the trip. In particular, it is solely the responsibility of the AG to check whether, by placing the order with the BU and/or carrying out the trip, they assume the status of a package tour organizer or establish any contractual or legal obligations towards their passengers regarding the trip. The AG is solely responsible for complying with any relevant regulations.
c) The BU is not obligated, without explicit agreement with the AG, to take out insurance in favor of the AG or its passengers beyond the insurance required by law. This particularly applies to trip cancellation insurance, trip interruption insurance, or insurance covering the costs of repatriation in case of accident or illness.
3.8. Within the framework of applicable legal provisions (especially those regarding bus transport for disabled persons or persons with reduced mobility), the allocation of specific seats on the bus and related contractual agreements with passengers are exclusively the responsibility of the AG.
3.9. The BU, its driver, or other representatives are not obligated, without an explicit contractual agreement, to organize, implement, or ensure specific seat assignments; in particular, there is no obligation to inform or instruct passengers regarding this matter.
3.10. However, the BU, its driver, or other representatives are entitled to change the seat assignments made by the AG or its representatives, especially if this is necessary to fulfill legal duties (particularly for disabled passengers or passengers with reduced mobility) or for safety reasons. This also applies if such a seat assignment is made as an alternative to exclusion from transport for the reasons specified in section 10.5 a) to f).

4. Changes to Services, Changes Regarding the Vehicle Used

4.1. Changes to essential contractual services, especially a change to the planned vehicle type, which become necessary after the conclusion of the contract and were not caused by the BU in bad faith, are only permitted if the changes are not substantial and do not impair the purpose of the contract.
4.2. Any warranty claims remain unaffected as long as the modified services are defective.
4.3. The BU is obligated to inform the AG immediately upon becoming aware of the reason for any significant changes to the services.
4.4. In the event of a substantial change to an essential contractual service, the AG is entitled to withdraw from the contract free of charge. The AG must assert this right immediately after the BU's declaration regarding the substantial change in the contractual services.
4.5. If, due to a unilateral change request by the AG, for which there is no contractual or legal entitlement on the part of the AG, or due to corresponding agreements in the contract or after the conclusion of the contract, there is a reduction in the seating capacity, inclusive kilometers, contract duration, or other essential contractual services, the BU is entitled to deploy a vehicle other than the one originally contracted, or, if necessary, up to two other or smaller vehicles instead. These vehicles may differ in type and equipment from the vehicle originally agreed upon. Any claims for a reduction in value by the AG in the event of such a substitution remain unaffected.
4.6. The regulation in section 4.5 applies accordingly if the use of the contractually agreed vehicle has become impossible due to circumstances outside the risk and control area of the BU. These include, in particular, failure due to force majeure or unavoidable, extraordinary circumstances (weather damage, theft, vandalism), as well as damages caused by vehicle accidents that are not the fault of the BU or its agents.

5. Prices, Payment

5.1. The rental price agreed upon at the time of contract conclusion applies, unless otherwise agreed or unless the conditions for a price increase as per section 6 of these terms and conditions are met.
5.2. The agreed rental price includes the costs for fuel, oil, and other operating materials, as well as the personnel costs for the driver(s), according to the agreed rental/service time and the agreed inclusive kilometers. Other additional and incidental costs, particularly toll and parking fees, are borne by the AG. The BU will inform the AG, as far as possible, about the nature and expected amount of such additional and incidental costs before the conclusion of the contract. If overnight and meal costs for the driver are not included in the price, the BU will inform the AG of this before the conclusion of the contract (particularly in the offer).
5.3. Additional costs arising from changes in services or deviations from the calculation basis will be charged separately. If no agreement on additional kilometers or the extension of the rental time has been made, the additional costs will be calculated proportionally to the original agreement, with only the higher amount of the excess (whether kilometers or rental time) being taken into account in the case of simultaneous exceeding of inclusive kilometers and rental time. Extensions of the rental period at the request of the AG are only possible with the explicit consent of the BU.
5.4. Invoices are due for payment upon receipt without any deductions. Other payment methods than cash or bank transfer are only possible if explicitly agreed beforehand. Payments in foreign currencies are explicitly excluded.
5.5. Transfers, especially from abroad, must be made free of charge and without any expenses.
5.6. The timeliness of payments is determined by the crediting of the amount to the BU's account.
5.7. If advance payments have been agreed upon, the BU is entitled to withdraw from the contract after a reminder with a deadline, provided that it is ready and able to perform the contractual services and no legal or contractual right of retention by the AG exists. The AG will be charged with withdrawal costs in accordance with section 7 of these terms and conditions.
5.8. If the AG is in default with undisputed payment claims from previous contracts or due to legal payment claims of the BU, the BU may refuse to perform the contractual services for later orders until the undisputed claims, including interest on arrears, reminder costs, and legal and attorney fees, are fully paid. The AG may make payment to avoid the BU's right of retention under a reservation of recovery. If there is a payment delay with disputed contractual or legal payment claims, the BU may refuse contractual services from later contracts unless the AG provides security in the form of an unconditional, irrevocable, and self-liable bank guarantee or through a deposit into an escrow account managed by a lawyer or notary designated by the BU.

6. Price Increase

6.1. Unless otherwise agreed in individual cases, the BU is entitled to request a price increase of up to 10% of the contractually agreed price in the event of an increase in fuel costs, personnel costs, as well as taxes and charges, to the extent that these increases affect the agreed rental price.

6.2. In the event of a permissible increase that exceeds 3% of the agreed basic rental price, the AG may withdraw from the contract without any payment obligation towards the BU. The withdrawal declaration does not require any specific form and must be made to the BU immediately after receiving the request for the price increase. However, to avoid misunderstandings, the AG is advised to submit the withdrawal declaration in text form.

7. Withdrawal and Termination by the Client

7.1. The following provisions apply only insofar as no other agreement has been made between the BU and the AG in individual cases. The right of withdrawal based on trade customs is explicitly excluded.
7.2. Without an explicit agreement to the contrary, the AG is not entitled to unilaterally request a reduction or change in seat capacity, deployment time, contract duration, inclusive kilometers, the contractually agreed vehicle type, or any other essential contractual services. If the BU agrees to such changes, it is entitled to the rights according to section 4.5 of these terms and conditions. A claim for a reduction in the agreed rental price is only possible in accordance with section 4.5 in the case of replacement vehicle use.
7.3. The AG may withdraw from the contract at any time before the service begins. Contract partners who are merchants or legal entities under private or public law must declare the withdrawal in writing or in electronic text form. Other AGs are strongly recommended to declare the withdrawal in writing or in electronic text form.
7.4. In the event of a withdrawal, the BU shall make reasonable efforts, within the scope of its ordinary business operations and without any obligation for special efforts, to use the contractually agreed bus or the agreed transportation capacities in another way.
7.5. The BU must offset the income from such alternative use against the compensation claim. If an alternative use of the bus or the contractually agreed transportation capacities is not possible, the BU’s claim for payment of the full rental price remains. However, the BU must offset any saved expenses.
7.6. The saved expenses may be deducted by the BU using a flat rate of 30% of the rental price. This deduction particularly considers saved fuel, toll, and personnel costs.
7.7. The AG explicitly reserves the right to prove that no or only a significantly lower loss occurred and/or that the saved expenses were much higher than the flat-rate deduction of 30%. The AG also retains the right to prove that the BU has either used the unused contractual services elsewhere (particularly the bus) or failed to do so without a justifiable reason. In such cases, the AG will not be required to pay any compensation or will pay a correspondingly lower amount.
7.8. The BU’s claim only exists if the BU was ready and able to provide the contractually agreed services at the time of withdrawal and if the non-utilization is not due to a circumstance for which the BU is responsible. There is also no claim for compensation if the withdrawal is due to the BU making or announcing significant performance changes that are unreasonable for the AG, unless stipulated otherwise by the contract.
7.9. The AG is additionally granted a contractual right of withdrawal according to the following scale: Up to 31 days before the rental begins – free of charge 30 to 14 days before the rental begins – 20% of the rental price 13 to 3 days before the rental begins – 50% of the rental price From 2 days before the rental begins – 100% of the rental price

8. Withdrawal and Termination by the BU

8.1. The BU may, in addition to the case of delayed payment by the AG as regulated in these terms and conditions: withdraw from the contract before the trip begins, or terminate the contract after the commencement of services (beginning of the trip), a) if the AG, despite a corresponding warning from the BU, significantly violates contractual or legal obligations, or such violations are objectively expected, and if such violations are objectively likely to seriously endanger, complicate, or impair the proper provision of contractual services by the BU. The BU is only entitled to withdraw or terminate under these conditions if continuing the contract due to the violation is objectively unreasonable, even when considering the AG's interest in the fulfillment of the contract. b) if the AG and/or its representatives and/or its passengers violate safety or health regulations or in any other way objectively endanger the safety of the bus, the driver, the passengers, or other road users or third parties, c) if the provision of services is significantly impeded, endangered, or affected by force majeure or by unavoidable and unforeseeable circumstances such as war or warlike events, hostilities, insurrection or civil war, arrest, confiscation or obstruction by government authorities or other persons, roadblocks, quarantine measures, as well as strikes, lockouts, or work stoppages not attributable to the BU,
8.2. In the event of withdrawal or termination according to Section 8.1 lit. a) and b), the BU's claim for the agreed compensation remains in effect. The provisions in Section 7.5 to 7.7 apply accordingly.
8.3. In the event of a termination by the BU after the trip has commenced for the reasons mentioned in Section 8.1 lit. c), the BU is, at the AG's request, obliged to return the passengers, with a claim for return transportation only being valid if a bus is used. The obligation for return transportation is waived if and to the extent that return transportation is impossible or, even considering the interests of the AG and/or its participants, unreasonable for the BU. If such termination results in additional costs for return transportation, these are to be borne equally by the AG and the BU. Other additional costs, particularly for additional catering or accommodation (lodging) of the AG's passengers, are borne by the AG.
8.4. If the BU terminates the contract for the reasons stated in Section 8.1 lit. c), the BU is entitled to reasonable compensation for the services already provided. For the remaining days of the original rental period after termination, the provisions of Section 7.5 ff. apply accordingly.

9. Limitation of Liability of the BU

9.1. The liability of the BU for contractual claims is limited, except for liability for property damage, which is governed by Section 9.2, to a maximum of ten times the rental price. This limitation of liability does not apply: a) to damages resulting from injury to life, body, or health caused by a negligent breach of duty by the BU or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the BU, b) to claims for other damages caused by gross negligence or intentional or grossly negligent breach of duty by the BU or a legal representative or vicarious agent of the BU, c) to typical and foreseeable damages arising from the negligent breach of the BU's principal performance obligations.
9.2. Section 23 of the Passenger Transport Act (PBefG) remains unaffected. Liability for property damage is excluded to the extent that the damage per item of luggage exceeds €1,000 and is not based on intent or gross negligence.

10. Duties and Liability of the Client, Its Employees and Passengers, Complaints (Defects)

10.1. The AG is responsible for the behavior of its passengers during the transportation.
10.2. Instructions from the driver or other employees of the BU must be followed by the AG, its tour guides or other agents, and its passengers: a) insofar as these instructions relate to the implementation and compliance with legal regulations both domestically and abroad, particularly regarding safety regulations and entry requirements, b) insofar as such instructions are objectively justified to enable or ensure the proper conduct of the trip, c) insofar as the instructions serve to prevent or stop unreasonable disruptions for the driver and/or passengers.
10.3. The AG is liable, possibly jointly and severally with its passengers, tour guides, or agents, for property or financial damages to the BU caused by its passengers, tour guides, or agents, particularly damage to the vehicle, insofar as the cause of the damage is related to the breach of the AG's own contractual or legal obligations, and the AG cannot prove that neither it nor its passengers, tour guides, or agents are responsible for the damage.
10.4. According to Section 21 of the German Road Traffic Act (StVO), seat belts must be fastened during the trip. Seats may only be left temporarily. Each passenger is obligated to secure a firm hold within the vehicle, particularly when leaving their seat briefly. The AG must ensure, particularly through explicit written or oral instructions to its passengers and through appropriate instruction of its tour guides or other agents, that these safety regulations are followed by the passengers.
10.5. Passengers who, despite a warning, fail to follow the reasonable instructions of the driver or other agents of the BU, especially those based on the provisions outlined here, may be excluded from transportation and expelled from the bus if the failure to comply with the instructions: a) results in or continues a violation of legal regulations domestically or abroad, b) violates safety regulations, c) endangers or impairs the safety of the passengers, even without a violation of safety regulations, d) significantly complicates, endangers, or impairs the proper execution of the trip, e) unreasonably disrupts other passengers, f) for other significant reasons, makes continued transportation objectively unreasonable for the BU, even considering the affected passenger's interest in continuing the trip.
10.6. In the event of a justified exclusion from transportation, there is no claim for return transportation or any recourse by the AG against the BU.
10.7. Complaints regarding the manner of the trip's execution, the vehicle used, the driving style, or the behavior of the driver or other agents, as well as complaints regarding other contractual services of the BU, should first be directed to the driver or other agents of the BU. The AG must instruct its tour guides or other responsible agents to submit such complaints to the driver or other agents of the BU, whether or not such complaints have already been made by the passengers themselves.
10.8. The driver or other agents of the BU are encouraged and authorized to remedy justified complaints. They are entitled to refuse remedy if it is not possible or only possible with disproportionate effort. In case of such refusal, claims of the AG, particularly for a price reduction or damages, remain unaffected. The AG is obligated to assist in resolving service disruptions to the extent reasonable to avoid or minimize any damage. It must instruct its tour guides or other agents to behave accordingly before the trip begins.

11. Limitation Period

11.1. Contractual claims of the AG for violation of life, body, or health, which are based on an intentional or negligent breach of duty by the BU or a legal representative or vicarious agent of the BU, are subject to a limitation period of three years. This also applies to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by the BU or a legal representative or vicarious agent of the BU.
11.2. All other contractual claims are subject to a limitation period of one year.
11.3. The limitation period under Sections 11.1 and
11.2 begins at the end of the calendar year in which the claim arose, but not earlier than when the AG becomes aware of the grounds for the claim and the BU as the opposing party or should have become aware without gross negligence. If the last day of the limitation period falls on a Sunday, a public holiday, or a Saturday, the next working day will replace such a day.
11.4. If negotiations are ongoing between the AG and the BU regarding the claim or the circumstances giving rise to the claim, the limitation period is suspended until the AG or the BU refuses to continue negotiations. The limitation period will not expire until at least three months after the end of the suspension.
11.5. The above provisions do not affect mandatory statutory limitation periods, particularly those related to the liability of the BU or its vicarious agents (especially the driver) under traffic, motor vehicle, and passenger transport law. For AG who are entrepreneurs, this applies only to the extent that no deviating agreements are permitted with them.

12. Special Provisions in Connection with Pandemics (Especially the Coronavirus)

12.1. The parties agree that the agreed rental bus services will always be provided by the BU in compliance with and in accordance with the applicable official requirements and regulations at the time of service.
12.2. The parties explicitly agree that a right to terminate the contract due to force majeure or unreasonable changes in performance due to official requirements for the execution of trips is excluded under this agreement.
12.3. The AG agrees to comply with the BU's reasonable usage rules or restrictions when utilizing services and to instruct all passengers to immediately inform the BU's office and the driver in case of any typical symptoms of illness.
12.4. The contract is expressly agreed under the BU's right to cancel if the transportation of the number of people corresponding to the contractually agreed maximum seating capacity (unless expressly agreed otherwise, the permitted maximum seating capacity of the bus excluding the driver and tour guide seats) is allowed according to the official regulations applicable to the rental bus ride throughout the entire agreed rental period.

13. Information on Consumer Dispute Resolution

BU does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for BU after the printing of these terms and conditions, BU will inform consumers accordingly in an appropriate manner. BU points out the European Online Dispute Resolution Platform https://ec.europa.eu/consumers/odr/ for all contracts concluded by BU through electronic legal transactions, as outlined in Section 2.4.

14. Choice of Law and Jurisdiction

14.1. The contractual relationship between the AG and the BU is exclusively governed by German law. This also applies to the entire legal relationship.
14.2. In the event that, in the case of claims by the AG against the BU abroad, German law is not applied regarding the liability of the BU, German law shall apply exclusively concerning the legal consequences, particularly with respect to the nature, scope, and amount of claims of the AG.
14.3. The AG may only sue the BU at its place of business.
14.4. For claims by the BU against the AG, the AG's place of residence/business is decisive. For claims against AGs who are merchants, legal entities under public or private law, or individuals or companies whose place of residence/business or usual place of residence is abroad, or whose place of residence/business or usual residence is unknown at the time of the lawsuit, the place of business of the BU is agreed as the jurisdiction.
14.5. The preceding provisions do not apply: a) If and insofar as non-negotiable provisions of international agreements applicable to the contract between the AG and the BU provide something different in favor of the AG, or b) If and insofar as non-negotiable provisions applicable to the contract in the EU member state to which the AG belongs are more favorable for the AG than the following provisions or the corresponding German provisions.