III Services

The extent of the agreed services and obligations follows from the service description in the catalogue and the information on the homepage as well as the information on the journey application and its confirmation. Any further side agreements or special requests are required to be in written form. Optima reserves the right to make changes in the catalogue due to legitimate and unforeseen reasons. The customer is informed about these changes through the homepage.

V Withdrawal of the Customer

The costomer can withdraw from the contract at any time. Optima's access to the statement of withdrawal is decisive. For evidential purposes, a written statement is advised. Not paying the fare is not a statement of withdrawal. If the customer withdraws from contract or does not take up the journey, Optima can demand a reasonable general compensation for the arrangments and expenditures already made. This compensation is before the journey begin:

proportionate to the fare payed by the customer.

Optima and the customer reserve the right to prove a higher or lower loss.

VI Rebooking

If the customers demands a change in the booked services/obligations after the contract is sealed no later than 30 days before the journey begin, a 25€ fee is charged. Later rebookings can only be processed as withdrawals and new applications.

VII Replacement Passenger

The passenger can replace himself by a third person, as long as the special travel requirements are met and there are no law requirements and regulatory instructions against it.

VIII Withdrawal from Contract or Cancellation by Optima

Optima can withdraw from contact before the journey begin or cancel the contract after the journey has started in the following cases:

• if the rest of the payment by costumer under paragraph 2 is not made no later than 21 days before the journey begin to Optima. The customer does not have a claim for such a cancellation.
• without complying with a time limit, if the passenger interferes with the execution of the journey lastingly or if the passenger behaves in such a manner that an immediate revocation of the contract is justifiable.
• not reaching a minimum booking of 25 motorcars per train 2 weeks before the journey begin.

IX Extraordinary Circumstances

If the journey is complicated, endangered or interfered with by force majeure, natural disasters, strikes, crises or official orders after the contract is sealed, both parties can cancel the contract of carriage. Optima can demand a reasonable compensation for travel services which were already made or need to be made in order to end the journey.

X Notification of defects, remedy, reduction, termination

1. If a travel service is not provided or not provided in accordance with the contract, the traveler can demand remedial action. The organizer can refuse to remedy the situation if it requires a disproportionate effort.
2. The traveler can demand a reduction in the travel price if travel services have not been provided in accordance with the contract and he has not culpably failed to report the defect immediately after discovery.

3. If a trip is significantly impaired as a result of a defect and the organizer does not remedy the situation within a reasonable period of time, the traveler can terminate the travel contract within the framework of the statutory provisions. Written form is recommended.

   The same applies if the traveler cannot be expected to take the trip as a result of a defect for an important reason that is recognizable to the organizer. The determination of a period for remedy is only not required if remedy is impossible or is refused by the organizer or if the immediate termination of the contract is justified by a special interest of the traveler. If the contract is canceled after that, the traveler owes the organizer the part of the travel price that is attributable to the services used.

XI Liabilty of Optima

If a travel service is not provided or not provided in accordance with the contract, the traveler can demand remedial action. The organizer can refuse to remedy the situation if it requires a disproportionate effort.

XII Limitation of Liability

• Optima is liable for breach of duty of itself or of vicarious agent -with the exception of bodily injuries- within the framework of the legal regulations only in case of intent or gross negligence.
• Optima is not liable for breach of duty associated with services/obligations which are only mediated as external services, as long as these are indicated as such in the catalogue.
• In unforeseen events of force majeure (strike, natural disaster, route blockages, official measures etc.) or not imputable actions of a third party (break and entry in the waggons or vehicles, vandalism, etc.) are claims of the customer against Optima for compensation or repayment of the fare out of question. Items carried by the costumer in the vehicle or in the comparments are transported at customer's own risk.
• The costumer is liable for the damages to his self, to the railsways, to Optima or to a third party originating from his lack of compliance with the tasks listed in the general information and notes, especially the compliance with the loading measurements.
• The costumer is liable for the costs of a train delay arising from his own fault (eg. opening the waggons because the customer forgot important items in the vehicle).
• The costumer is liable for all damages originating from neglected, incorrect or incomplete information in the order form, provided that he is responsible for it.

XIII Customer's Duty to Co-operate

The customer is obligated to comply with the tasks listed in the general information and tips. This is especially true for the compliance with the necessary ground clearance of 15 cm. He is obligated to collaborate in the context of the statutory regulations (§254 BGB) in order to avoid damages or to keep them low. Clearly recognisable damages happened to the vehicles during the transport are to be reported to the railways or to Optima immediately after recognition at the unloading station. It is necessary to demand an accident report or a report of damage. Presenting these documents required for compensation of the damages.

XIV Passport and Visa Regulations

Optima is required to inform German nationals about passport and visa regulations. Nationals other countries can obtain this information from their relevant consulates. Every customer is responsible for the fulfilment of the governmental requirements, customs and health regulations as well as the procurement of the necessary travel documents. Customers without the necessary documents will not be accepted for transport and they are to bear the drawbacks of this themselves.

If the journey becomes impossible for a customer due to these reasons, Optima can claim compensation under paragraph 5 of the transport conditions.

XV Invalidity of the Clauses

Invalidity of certain clauses of the transport contract or the transport conditions does not mean the invalidity of the contract as a whole.

XVI Law, Court of Jurisdiction

The interpretation of these transport conditions, transport contract as well as all claims against Optima from this contract conform with the German law. The court of jurisdiction for customer's plaints* against Optima is Munich. For the plaints of Optima against the passenger is the place of residence of the customer is decisive, unless the plaint is against businesses.---

XVII Insurance Security Information

Optima recommends to take out necessary insurances (travel resignation costs, car transporter damages during loading, journey and unloading, break and entry damages) in order to minimise the risks and costs associated with withdrawal or transport. This insurance must be taken out no later than 7 days after sealing the contract.

XVIII Additional Important Data

• Address
• Phone number
• Mobile number
• E-Mail

This enables us to inform you if departure times change due to unforeseen events. If changes are made at very short notice, we can also call you abroad. If you provide your e-mail address when booking online.