Conditions of carriage
The conditions of carriage are an essential part of a contract of carriage with a public or semi-public carrier . Most of the time, the conditions of carriage are part of the general terms and conditions .
In Germany there is also the Ordinance on the General Conditions of Carriage for tram and trolleybus traffic as well as regular vehicle traffic (BedBefV) , which defines conditions of carriage for these modes of transport within the scope of the Passenger Transport Act ( PBefG ), unless other special conditions of carriage explicitly apply (§ 39 PBefG). The transport companies can therefore introduce their own conditions, the so-called "Special Conditions of Carriage". They must be approved by the licensing authority before they are introduced (Section 11 PBefG).
In detail, the conditions of carriage regulate:
- Passenger rights and obligations
- Rights and obligations of the transport company
- Distribution and validity of tickets
- Fare refund
- Bringing things and animals
- Lost property
- Liability etc.
The conditions of carriage are supplemented by separate tariff provisions . They apply together.
The conditions of carriage are determined either by the transport company or the mode of transport , e.g. B. Transport association established.
See also
- Passenger Transport Act
- Contract of carriage
- Ordinance on the general conditions of carriage for tram and trolleybus traffic as well as regular traffic with motor vehicles
literature
- Harald Bartl: Contractual penalties in public transport conditions? , BB 1978, page 1448 f.
- Rainer Freise: The inclusion of general transport conditions in the transport contract , VersR 2004, page 974 ff.
- Thomas Hilpert: Passenger rights and obligations of public transport liner traffic according to the PBefG , Kölner Wissenschaftsverlag, Cologne 2012, ISBN 978-3-942720-18-2 .
- Thomas Hilpert: Conditions of carriage in the field of public passenger transport as a legal problem , NZV 2007, page 288 ff.
- Thomas Hilpert: Passenger rights in rail traffic according to the new Regulation (EC) No. 1371/2007 , MDR 2008, page 597 ff.
- Thomas Hilpert: New additional passenger rights in rail traffic in Germany , MDR 2009, page 967 ff.
- Henrik Lindemann: New Passenger Rights in Rail Traffic, TranspR 2011, page 10 ff.
- Klaus Tonner : Current developments in aviation and passenger law , VuR 2010, page 209 ff.
