General Terms and Conditions of Carriage

General Terms and Conditions of Carriage of FlixTrain GmbH - Germany

1. Application of these T&Cs

The Conditions of Carriage apply to the use of the web portals of Flix SE, hereafter referred to as Flix, as well as the booking of trips and the carriage of passengers within the interconnection network of FlixTrain GmbH, hereafter referred to as FlixTrain. The vehicles are used to transport passengers.

The following applies:

1.1 the provisions of the German Rail Transport Regulation (EVO [Eisenbahnverkehrsordnung]);

1.2 the provisions of the Railway Construction and Operating Regulations (EBO [Eisenbahnbau- und -betriebsordnung]);

1.3 the provisions of Book IX of the German Social Security Code;

1.4 the following carriage regulations;

1.5 the fare provisions of FlixTrain;

1.6 for train journeys using local rail passenger transport (SPNV trains) supplementing the fare terms and conditions of the German train fare association (Tarifbedingungen des Deutschlandtarif, TB DT), as well as the terms and conditions of carriage (Beförderungsbedingungen, BB) of the respective railway transport company (Eisenbahnverkehrsunternehmens, EVU).

1.6.1 Fare Terms and Conditions
Deutschlandtarifverbund GmbH - https://deutschlandtarifverbund.de/tarifbedingungen

1.7 the passenger rights for rail passenger services as per Regulation (EU) No. 2021/782 of the European Parliament and of the Council dated April 29, 2021 on the rights and obligations of passengers in railway traffic (recast).

These Conditions of Carriage supplement these legal regulations. No other fares are valid except those mentioned in the fare provisions of FlixTrain.

2. Scope of Application

2.1 The Conditions of Carriage apply to the carriage of persons, animals and property for rail trips conducted by FlixTrain according to No. 1.

2.2 The right to determine who shall be allowed or denied access in trains shall be exercised by the transport and operating personnel of FlixTrain as well as by authorized third parties (e.g. security services).

3. Right to Carriage

3.1 The right to carriage shall exist within the scope of the available capacities, if:

3.1.1 the passenger is in possession of a valid ticket and is able to produce it upon request. In particular, tickets and rail cards from Deutsche Bahn AG, local public transport tickets, Bundeswehr tickets and semester tickets do not apply to FlixTrain trains.

3.1.2 the applicable carriage and fare provisions and other conditions of FlixTrain as well as the administrative regulations are met;

3.1.3 carriage by scheduled transport is possible;

3.1.4 carriage is not prevented by circumstances that are not the responsibility of FlixTrain and whose effects it cannot avert. The obligations towards the passengers from Regulation (EU) No. 2021/782 remain unaffected.

3.1.5 the passenger has not been excluded from carriage (generally or for the individual trip).

3.2 Children and Minors

3.2.1 Children who are not required to attend school can be excluded from carriage before they reach the age of six, unless they are accompanied by a supervisor on the entire route.

3.2.2 Flix, FlixTrain and their affiliates expressly do not assume any responsibility to supervise a minor. Children traveling alone may not travel on overnight services.

4. [Nullified]

5. Rules of Conduct for Passengers

5.1 Every passenger must behave in a way that is appropriate for the safety and order of operations, their own safety and consideration for others. This applies in particular to music-making, listening to music, loud conversations (in person or on cell phones), and the use of electronic devices. The instructions of the transport and operating staff must be followed. If travelers do not comply with the requests, they can be excluded from the trip.

5.1.1 Compartments or spaces for small children and/or families, as well as severely disabled people, must be made available for these groups of people if needed.

5.1.2 Smoking is prohibited in all FlixTrain trains. This also applies to any other form of consumables for inhalation or burning/vaporization, such as so-called e-cigarettes. In the event of a violation of the smoking ban, FlixTrain reserves the right to take measures within the meaning of the Federal Non-Smoker Protection Act.

5.1.3 Passengers are prohibited from jumping on or off the train while it is in motion.

5.1.4 FlixTrain reserves the right to prohibit the consumption of alcoholic beverages and/or the consumption of alcoholic beverages not purchased on board for specific trains, on specific travel days.

5.2 Boarding and disembarkment is only permitted at the designated locations and only on the designated side of the vehicles. A sufficient distance must be kept from the tracks. In the event of an unscheduled stop, passengers may only disembark with the consent of the train staff. They must follow their instructions for further conduct.

5.3 In the case of contamination (= at least slight negligence) of vehicles that goes beyond the extent of proper use, the actual cleaning costs shall be billed by the party responsible; further claims shall remain unaffected. The same applies to intentional damage to vehicles, operating equipment or operating facilities. FlixTrain shall bill these costs to the party who, for example, was determined by witnesses as the party responsible. If the FlixTrain administration takes action to collect the invoice amount, administrative costs will be charged as well.

Should a replacement of a car or train be necessary, the costs of replacement or restoration as well as the administrative costs will be charged.

5.4 Those who improperly actuate the emergency brake or other protective devices shall pay the amount of €200, without prejudice to prosecution in criminal or administrative proceedings and further civil claims. Improper use exists if the emergency brake or other safety devices are actuated without the intention of averting danger. The same applies to the improper triggering of the smoke detector in the train if this results in an emergency braking of the train or an unplanned stop. The traveler is responsible for proving only minor damage or even the absence of damage.

5.5 If, in the event of assaults, insults, trespassing, damage to vehicles and their facilities, damage caused by the carriage of property or animals, ticket collection, as well as in the event of refusal to pay the increased carriage fare, the personal information of a passenger cannot be clearly identified, they may be detained in the vehicle or on the platform, or asked to go to the nearest police station with the operating staff in accordance with Section 229 BGB (Bürgerliches Gesetzbuch [German Civil Code]) or Section 127 (1) and (3) StPO (Strafprozeßordnung [German Code of Criminal Procedure]).

5.6 Passengers are prohibited from doing any of the following on board the trains without prior written consent of FlixTrain:

• engaging in trade;

• distributing printed material;

• panhandling;

• collecting;

• advertising;

• putting on shows or presentations for commercial purposes.

5.7 Covid-19 infection protection measures: The passenger must wear appropriate mouth and nose protection at the start of the trip, if required by law or by the authorities. This must be worn during the entire trip. Passengers who do not wear appropriate mouth and nose protection can be excluded from the trip. Claims to substitute transportation will not exist in these cases.

5.8 If it is required for domestic or border traffic by law or by the authorities that further health requirements must be fulfilled, e.g. proof of COVID vaccination or other officially permitted certification, the passenger undertakes to comply with this. Passengers who do not provide sufficient proof that they meet the respective current requirements may be excluded from the journey. In this case, there is no entitlement to substitute transport.

6. Tickets, vouchers, and carriage fares

6.1 It is only permitted to start the trip with a valid ticket. Passengers require a ticket for themselves and – if this is provided for by the terms and conditions of carriage or fare terms and conditions – for items brought on board (such as additional baggage, special baggage, or bicycles). Ticket purchases on board the train are not planned, and an increased carriage fare may be collected. The provision of Section 5 (4) EVO remains unaffected thereby.

6.2 The stipulated carriage fares must be paid in return for carriage. A service fee of EUR 0.99 (or the amount corresponding to the respective currency) will be applied to each reservation. The fee is charged per order, and is charged for the use of the booking website or the app as well as for other customer-facing tools which include, for example “Manage My Booking / self-service tool for changing trips, adding luggage”. Tickets are generally sold in advance by Flix and its partners. The conditions for the sale of tickets are therefore governed by Flix, Friedenheimer Brücke 16, 80639 Munich, Germany, and are to be obtained from the booking conditions for Flix. The carriage fares are to be obtained from the tariff conditions of FlixTrain. Tickets are generally personal and non-transferable. Any rebooking must be carried out before starting the trip. Please refer to the conditions of this in item 7.

6.3 Tickets can be purchased using different payment methods, depending on the booking site:

6.3.1 On the Internet: PayPal, debit, credit card (Mastercard/Visa/Amex), SOFORT bank transfer, iDeal, Postfinance, Carte Bleue. We reserve the right not to offer certain payment methods for any booking and to request other payment methods.

6.3.1.1 Special conditions of payment with RatePAY/credit card:

6.3.1.1.1 Excerpt from the General Terms and Conditions and Data Protection Notice of RatePAY GmbH:

To be able to offer you attractive payment methods, we have been working with RatePAY GmbH, Franklinstraße 28-29, 10589 Berlin, Germany (hereafter referred to as “RatePAY”). If you use RatePAY as a payment method, and an effective purchase contract is concluded between you and ourselves, we relinquish our payment claim to RatePAY. If the RatePAY installment payment method is used, we relinquish our payment claim to the partner bank of RatePAY. If you select one of the payment options offered here by RatePAY, you consent to the disclosure of your personal data and the order to RatePAY in relation to your order for the purpose of identity and credit verification, as well as contract processing. All details can be found in the Additional Terms and Conditions and the Privacy Notice for RatePAY payment methods, which form part of these General Terms and Conditions and always apply when you choose RatePAY as your payment method.

6.3.1.1.2 Purchase by credit card

In case of payment by credit card, the customer’s account will be charged at the end of the booking. By paying by credit card, the customer instructs their credit institution at the time of the booking to inform Flix or a third party authorized by it, in case of a chargeback, of the customer’s name and complete address, so that Flix can assert its claims against the customer.

6.3.1.1.3 After unsuccessful collection efforts by Flix, claims will be passed to an external service provider for further processing. Flix may pass on all the required personal data of the debtors for this purpose.

6.3.1.1.4 Offset; right of retention

6.3.1.1.5 A customer shall only be entitled to a right to offset in the event that his counter-claims have been legally established, or are uncontested or acknowledged by ourselves. Moreover, he will only have a right of retention if and to the extent that his counter-claim is based on the same contractual relationship.

6.3.1.1.6 If customers are in default on any payment obligations with FlixTrain, all existing claims from the same contractual relationship shall become due with immediate effect.

6.4 Passengers are required to pay the banking charges incurred in the event of a chargeback associated with a credit card payment. Cancellation charges may also be incurred. Passengers shall be given the opportunity to prove that the chargeback incurred lesser or no costs. In the event of chargebacks, customers may be barred from making credit card payments on a temporary or long-term basis.

6.4.1 Payment fees

The total ticket price stated in the online shop includes any payment fees that are charged by third-party providers for the payment method chosen by you and which have to be paid by you, as well as statutory value added tax.

6.4.2 For customers who select a payment method subject to fees, a fee of 2.1%, plus sales tax (VAT), of the total shopping cart value will apply. At least one free and common payment procedure is available in each country. Section 312a (4) BGB and Section 270a BGB remain unaffected by this provision.

6.5 Redemption of vouchers

6.5.1 A maximum of one voucher may be redeemed per booking. Vouchers may only be redeemed online or via our partner agencies. Vouchers with a monetary value, known as “credit vouchers”, can be redeemed for the entire shopping cart. Discount vouchers with a percentage value or vouchers for a free ride can be redeemed for the ticket fare only. Additional services (e.g. service fees, extra charges for bicycles or baggage) cannot be paid for using these voucher types.

6.5.2 In the case of voucher campaigns carried out by Flix within the scope of marketing activities, the acquisition and use of vouchers are limited to three vouchers per person. If a person redeems more than three vouchers from the same voucher campaign, Flix may cancel all bookings exceeding the first three tickets. This regulation may be waived within the scope of special promotions.

6.5.3 The residual value of a voucher issued free of charge as part of an advertising activity or as a gesture of goodwill shall lapse if the value was not used in full in the first booking process. A residual value cannot be redeemed elsewhere and will not be paid out.

6.5.4 The commercial use and, in particular, the resale of vouchers, is not permitted, and will be penalized by Flix by means of suspension of tickets and/or assertion of damage claims.

6.5.5 The cash payment of any balance on a voucher shall be excluded.

6.5.5.1 In case of fraud, attempted deception or suspicion of other illegal activities related to the purchase, redemption or transfer of a gift voucher, Flix reserves the right to close the corresponding customer account and/or demand an alternative payment method and/or suspend the voucher. There is no entitlement to approval or redemption of the affected voucher.

6.5.5.2 In case of fraud, attempted deception or suspicion of other illegal activities related to the purchase, redemption or transfer of a gift voucher, Flix reserves the right to cancel any tickets purchased in full or in part via the redemption of such a voucher.

6.5.6 Redemption of Interflix voucher codes

6.5.6.1 A maximum of one voucher code may be redeemed per booking. The voucher codes are automatically activated within 48 hours and can only be redeemed online or in our partner agencies by FlixTrain.

6.5.6.2 The voucher codes are redeemable for three months.

6.5.6.3 It is only possible to book a direct connection, except for a round trip. The place of departure does not have to be the same as the destination.

6.5.6.4 Vouchers are personalized and non-negotiable.

6.5.6.5 Since Interflix vouchers or tickets to be purchased from them are considerably discounted tickets, rebookings can only be made via customer service. Cancellation is excluded.

6.5.6.6 The commercial use and, in particular, resale of voucher codes is not permitted, and will be penalized by Flix by means of suspension of tickets and/or assertion of damage claims.

6.5.6.7 The cash payment of any balance on a voucher shall be excluded.

6.5.6.8 Each trip booked using a voucher is separated and detached from other trips.

6.5.6.9 The passenger has the right to withdraw from the purchase agreement within 14 days. Withdrawal must be declared in text form.

6.5.7 Redemption of FlixDeal vouchers:

6.5.7.1 FlixDeal vouchers are vouchers paid in advance that can be purchased at a reduced price and can be redeemed for future trips with FlixBus or FlixTrain.

6.5.7.2 The vouchers cannot be redeemed in the period from 06/16 up to and including 09/12 of the respective year. Regardless of this, the voucher will expire on 12/31/2025.

6.5.7.3 If an event of force majeure occurs within the validity period of the voucher, in particular war, natural disasters, storms, pandemics, epidemics, public exit restrictions, travel bans and comparable events, and Flix is forced to stop its bus and/or rail network, Flix shall be released from the obligation to perform for the duration of this event, provided that it is legally permissible.
If Flix does not offer any trips due to a force majeure event, no vouchers can be redeemed during this period. The time in which vouchers cannot be redeemed due to an event of force majeure will not be credited to the period of validity.

6.5.7.4 FlixDeal vouchers can be redeemed for carriage in buses and trains. The voucher must be used for booking; it is neither a ticket nor a substitution for a ticket.

6.5.7.5 A maximum of one voucher may be redeemed per booking. Vouchers may only be redeemed online or via our partner agencies.
Vouchers with a monetary value, known as “credit vouchers”, can be redeemed for the entire shopping cart, similarly to the FlixDeal voucher.

6.5.7.6 The commercial use and, in particular, the resale of vouchers is not permitted, and will be penalized by Flix by means of the suspension of tickets and/or the assertion of damage claims.

6.5.7.7 Cash payouts of any balance on a voucher shall be excluded.

6.6 Passengers must be in possession of a valid ticket for the ride until the end of their trip and until leaving the platform and its entries and exits. Tickets must be shown or handed to the traffic and operational staff immediately upon request for inspection. The trip is considered terminated once you have left the train.

6.7 If passengers do not meet their obligations as set forth in point 5 despite being asked to do so, they may be denied carriage. The obligation to pay an increased carriage fare remains unaffected.

6.8 Complaints about tickets must be reported immediately. Subsequent complaints shall not be taken into account.

6.9 Uniformed officials of the federal and state police travel on board the trains of FlixTrain free of charge without any claim to a seat.

7. Cancellation by the traveler

7.1 Rebooking requires the prior cancellation of the trip. Cancellations can be made before departure according to 7.2 to 7.5. Cancellations cannot be made after departure. Train staff cannot change or cancel bookings for you.

7.2 Cancellations are only possible on FlixBus or FlixTrain websites or by partner agencies and ticket outlets of FlixCompanies up to 15 minutes before the scheduled departure time. If a round trip is booked in one transaction, a cancellation covers the round trip.

7.3 Time validity of cancellation vouchers

7.3.1 Cancellations (= contractually granted right of the customer to alter the legal relationship, which results in the cancellation of the existing contract of carriage and can also be exercised by the customer if no other statutory or contractual right to alter the legal relationship is available to him, which would result in a claim to full or partial repayment of the carriage fare) can be made before departure. Drivers cannot change or cancel bookings for you.

7.3.2 The following applies to contracts concluded before 11/08/2019:

A cancellation voucher is issued in the event of a cancellation.

The validity of the cancellation voucher is subject to the statutory limitation period. This cancellation voucher entitles the passenger to make a new booking within this period up to the value of the voucher. If the price of the new booking is more than the value of the voucher, the difference will need to be paid. If the price is lower, the difference will remain on the cancellation voucher and can be used for a different booking. There can be deviations from these provisions in the case of promotional offers that are valid for a limited time only. More detailed information can be found in the terms and conditions of the promotion on the web portal.

7.3.3 The following applies to contracts concluded on 11/08/2019 or thereafter:

A cancellation voucher is issued in the event of a cancellation. This cancellation voucher is valid for 12 months from the issue date, and entitles the passenger to make a new booking within this period up to the value of the voucher. If the price of the new booking is more than the value of the voucher, the difference will need to be paid. If the price is lower, the difference will remain on the cancellation voucher and can be used for a different booking. There can be deviations from these provisions in the case of promotional offers that are valid for a limited time only. More detailed information can be found in the terms and conditions of the promotion on the web portal.

7.3.4 Vouchers issued due to obligations under passenger law are subject to the statutory limitation period.

7.4 A cancellation fee will be applied for every cancellation due to rebooking per canceled trip and per passenger. The cancellation voucher will be issued in the amount of the ticket price, minus the cost of the cancellation process. If the passenger’s name is changed, the difference must be paid if the fare has become more expensive in the meantime. The phone number can be changed free of charge.

7.5 If a cancellation voucher is used for a booking, the same cancellation terms and conditions also apply to the new trip.

7.6 None of the aforementioned processing charges, cancellation fees or any transfer fees apply if the reimbursement is requested for reasons within the responsibility of FlixTrain. The carriage fare is only credited to the account specified by the customer when ordering and, if paying by credit card, to the customer’s credit card account. Insofar as legally permissible processing fees or transfer fees are to be deducted, this will be taken into account in the credit note by means of offsetting.

8. Car Classes

A distinction between several car classes is not made.

9. Invalid Tickets

9.1 Tickets used in violation of the fare and carriage regulations are invalid and may be confiscated. This applies in particular to tickets which are:

9.1.1 not properly filled out;

9.1.2 torn, cut or otherwise severely damaged, soiled or unreadable, so that they can no longer be verified;

9.1.3 modified without authorization;

9.1.4 used by non-authorized persons;

9.1.5 used for purposes other than the authorized trips;

9.1.6 expired due to passage of time or for other reasons.

9.1.7 stamped twice, or the stamp has been altered or manipulated.

9.2 The collection of the ticket will be confirmed in writing upon request.

10. Increased Fare and Denial of Carriage

10.1 Passengers without a valid ticket are required to pay an increased carriage fare; this particularly applies if they

10.1.1 are not provided with a valid ticket at the start of the trip.

10.1.2 purchase a valid ticket, but do not wish or are unable to show it during ticket checks;

10.1.3 do not show the proof, authorization or customer card, or personal identification document required for a ticket;

10.1.4 in the event that passengers are unable to present a valid ticket for the animals or property brought on board, insofar as this is necessary according to the carriage and fare provisions.

10.1.5 The rules in accordance with the conditions laid down in point 10.1.1. to 10.1.4. shall not apply if a valid ticket was not purchased for reasons outside the passenger’s control.

10.2 In accordance with paragraph 1, the increased carriage fare is equal to twice the normal fare for the distance traveled by the passenger, but at least €60. The increased carriage fare can be charged for the entire distance traveled by train if the traveler does not provide credible evidence that he has traveled a shorter distance. In addition, the traveler shall bear the costs of delay and collection of the increased carriage fare.

10.3 The increased carriage fare is reduced to €7 if the traveler proves within one week of the date of discovery that he was the holder of a valid ticket at the time of the determination.

10.4 Passengers found without a valid ticket during ticket checks are obligated to provide their personal information and present a photo identification document upon request. This also applies when the increased carriage fare is paid immediately and in full in cash.

If this does not occur or false identification is given, any costs arising therefrom are to be borne by the passenger.

10.5 Passengers who present a risk to the safety and order of operations or to other passengers may be denied carriage, and, if necessary, handed over into the custody of a caregiver, operating staff at the train station or police at an appropriate location. This applies in particular to

10.5.1 passengers under the strong influence of alcoholic beverages and/or other intoxicating substances.

10.5.2 passengers with weapons subject to the German Weapons Act, provided they are not law enforcement officials of the federal or state police.

10.5.3 passengers who harass other passengers or inappropriately soil the vehicle due to their behavior and lack of cleanliness.

10.5.4 passengers with infectious diseases in accordance with the German Infectious Diseases Act.

10.5.5 passengers who demonstrate a willingness to resort to or who engage in violence.

11. Reimbursement of Travel Fares

11.1 The statutory provisions shall apply with regard to the reimbursement of fares.

11.2 There is no entitlement to a refund

• in case of denial of carriage

• in case tickets are confiscated for being invalid

• in case of tickets for special offers as described in the fare regulations.

12. Carriage of persons with disabilities or with limited mobility

12.1 FlixTrain trains are generally long-distance trains. Severely disabled people pay the normal fare for trips with FlixTrain. Transport of wheelchairs, walking aids, or other orthopedic aids must first be confirmed via telephone at +49 30 300 137 100 or via email at mobil@flixbus.de. In order to ensure feasibility, these requests must be made no later than 24 hours before departure. A request for assistance while getting on, off or changing trains can be made at the Mobility Service Center.

Contact:

Telephone number: +49 (0) 30 65212888
Email: msz@deutschebahn.com

To the accessible contact form.

In any case, FlixTrain shall make every effort to provide the assistance in such a way that the person with a disability or the person with limited mobility can carry out their trip.

12.2 If the severely disabled person’s identification card states “Entitled to bring an accompanying person” with the code B, than a companion may accompany the passenger free of charge. There are furthermore no costs for advance seat reservation for the accompanying person.

12.3 Guide and companion dogs as defined by Section 228 (6) no. 2 SGB (Sozialgesetzbuch [Social Code]) IX may be brought along free of charge, provided that the severely disabled passenger’s identification card contains the codes “B” or “BI”. If a passenger has booked a connecting service with a FlixBus, seeing-eye dogs and companion dogs must be registered with customer service by telephone in advance in order to ensure sufficient space on the FlixBus.

12.4 Carriage of wheelchairs or walking aids

12.4.1 Passengers with disabilities or mobility restrictions are entitled to carry their folding wheelchairs or walking aids and other orthopedic aids free of charge (cf. Section 228 (6) no. 2 SGB IX). E-wheelchairs and electric scooters are also carried free of charge, provided that the dimensions of 70 cm*120 cm and a maximum weight of 350 kg are not exceeded.

12.4.2 Furthermore, all wheelchairs needed in the passenger cabin, regardless of the manufacture date of the attachment points for the securing devices, must have the so-called load nodes according to DIN 75078-2 and a manufacturer’s authorization according to DIN EN 12183 or 12184. Compliance with the standards for transportation stated above is to be confirmed via the form sent before booking.

12.4.3 In order to verify that carriage will be possible, the passenger is requested to provide the exact model of the wheelchair or other walking aids to customer service before booking by telephone no later than 24 hours before departure.

12.4.4 The passenger guarantees that the wheelchair is functional and technically capable of being used safely during travel. The wheelchair must comply with current legal safety requirements. Transportation in a wheelchair may be refused if considerable evidence indicates that safe travel is not possible or is questionable. The carrier is not liable for damage caused by a defective technical condition of the wheelchair.

13. Carriage of Property

13.1 General information

13.1.1 In principle, only items that passengers can load, unload or reload themselves at the same time may be taken along. Only the baggage racks above the seats and the area under the seats are available for the accommodation of the items.

13.1.2 If the passenger has booked a connection in combination with a FlixBus, only the respective FlixBus provisions apply to the bus connection. These terms and conditions can be found at the following link: https://global.flixbus.com/general-conditions-of-carriage-selection. The passenger is solely responsible for selecting his/her items so that the applicable conditions of carriage are complied with on the respective routes.

13.1.3 Aisles and boarding areas must always be kept clear of baggage, bicycles, strollers and loads for safety reasons.

13.1.4 Passengers must place and store their items so as to not endanger the safety and order of operations and so as not to disturb other passengers. Passengers are personally responsible for securing and monitoring their property at all times.

13.1.5 The traffic and operational staff decides on a case-by-case basis whether items may be accepted for carriage and where to store them. Rightful denial of carriage for an item does not justify a claim to reimbursement of the fare or the related surcharges or reservation fees.

13.1.6 Carry-on baggage and other baggage (in particular, travel baggage, additional baggage, special baggage, strollers and bicycles) including the contents thereof, shall remain in the care of the passenger for the entire duration of the journey and must be monitored appropriately. If any unauthorized access by third parties is observed, the train staff should be informed.

13.2 Carry-on baggage

Carry-on baggage is carried free of charge, but is limited to one baggage item per passenger with a maximum size of 42 x 30 x 18 cm and a maximum weight of 7 kg.

13.3 Travel baggage

The carriage of other baggage, which is included in the fare, is limited to one free piece of baggage per passenger with a maximum size of 80 x 50 x 30 cm and a maximum weight of 20 kg per piece of baggage.
Slight deviations from these dimensions are permitted provided that the total dimensions of the item do not exceed a total height, width and length of more than 160 cm. Additional baggage includes suitcases, bags and backpacks.

13.3.2 The carry-on baggage and other baggage, including its contents, shall remain in the care of passengers for the duration of the trip and must be monitored appropriately. If any unauthorized access by third parties is observed, the train staff should be informed.

13.4 Additional baggage

13.4.1 In individual cases, within available capacities, another piece of baggage (additional baggage) with a maximum size of 80 x 50 x 30 cm and maximum weight of 20 kg can be transported for a fee. Slight deviations from these dimensions are also permitted for other baggage, provided that the total dimensions of the item do not exceed a total height, width and length of more than 160 cm. There is no general entitlement to carry more than one additional piece of baggage.

13.4.2 For the carriage of additional baggage, the passenger must purchase a ticket during or after the booking process (until the start of the journey) via the menu item “Manage your bookings”. Availability and baggage charges vary depending on the route, line and time of booking.

13.4.3 Passengers are obliged to label their baggage with their name and address for the purposes of correct assignment, and especially to avoid mix-ups.

13.5 Special baggage

13.5.1 FlixTrain may arrange for special baggage to be brought on board. This is displayed as part of the booking process. For the carriage of special baggage, the passenger must purchase a ticket during or after the booking process (until the start of the journey) via the menu item “Manage your bookings”. Availability and baggage charges vary depending on the route, line and time of booking. There is no general entitlement to the carriage of special baggage.

13.5.2 Items that exceed the standard baggage dimensions are considered special baggage. (carry-on baggage, other baggage, additional baggage). The size of the special piece of baggage may not exceed 240 cm in total height, width and length. A single piece of special baggage may not exceed a maximum weight of 30 kg.

Carriage is limited to the following special baggage

• folded bicycle trailers

• skis, snowboards, surfboards and other sports equipment

• portable smaller musical instruments (cello, fiddle, guitar, etc.)

13.5.2.1 Musical instruments are regarded as special baggage. If the instrument in question (including its case) is smaller than the stipulated size of carry-on baggage, it may be conveyed free of charge in place of carry-on baggage. If the instrument in question (including its case) is larger than the stipulated size of carry-on baggage, it must be carried as special baggage. In this case, an additional fee will be charged (cf. Clause 13.5.1).

13.5.2.2 It is generally recommended to carry musical instruments in hard shell cases.

13.5.3 Carriage of special baggage shall be limited to one item per passenger.

13.6 Valuable items

13.6.1 Valuable items, such as cash, jewelry, precious metals, keys, glasses (sunglasses and/or reading glasses), electronic devices (laptops, iPads, tablets, MP3 players, cellphones, cameras), contact lenses, prostheses, medication, important documents (diplomas, attestations, certificates, passports, driver’s licenses, securities), etc. and fragile objects must be carried in carry-on baggage, not general baggage, and are subject to the due diligence of the
passenger.

13.6.2 If valuable items are carried in other baggage, however, no liability claims shall be accepted. Cases of intent or gross negligence will be exempted from the above.

13.7 Strollers

13.7.1 Collapsible strollers shall be carried free of charge (max. one stroller per passenger). For this purpose, a space reservation may be required in appropriately designated trains. Registration must be made no later than 48 hours before departure by calling customer service at +49 30 300 137 100.

13.7.2 Strollers cannot be transported in an assembled state due to lack of space.

13.7.3 Strollers must be stored so as to not disturb other passengers.

13.8 Bicycles

13.8.1 Carriage of bicycles is dependent upon the available capacity. There shall be no general claim to the carriage of bicycles. Carriage takes place in train cars designated for bicycles. If possible, bicycles must be supervised and secured by the passenger. Bicycles must be of a standard size without attachments and may not exceed a weight of 20 kg. Tandems or tricycles are not carried. When transporting e-bikes and pedelecs, the battery must be disconnected from the drive system by removing it or switching it off.

13.8.2 Due to limited capacity, bicycle spaces must be booked early. A ticket must be purchased for bicycle transport. Availability and price for the ticket vary depending on the route, line, time of booking and method of booking. Carriage is limited to one bicycle per passenger.

13.8.3 Bicycle carriers must be foldable and transported folded together. This also applies to combinations of bicycle trailers and strollers. Special baggage regulations apply (cf. 13.5).

13.9 Items excluded from carriage

13.9.1 Dangerous substances and objects are excluded from carriage, particularly including:

• explosive, flammable, radioactive, foul-smelling or corrosive substances

• unpackaged or unprotected items which could injure passengers. These include, for example, weapons, ammunition and pyrotechnics.

13.9.2 Bulky items are excluded from carriage, in particular:

• Objects that extend beyond the vehicle boundaries and/or exceed the dimensions defined above, see 13.5 et seqq.

• Mopeds and motorbikes, as well as other vehicles and tools with combustion engines

• Electrical appliances

• Fixtures, furniture or parts of furniture

• Cardboard packaging.

14. Carriage of Live Animals

14.1 Pets may be carried on board only if all legs of the trip are covered by train and none are traveled by bus.

14.2 Live pets that are small (up to the size of a house cat), not dangerous, and placed in appropriate sturdy containers may be brought on board. The containers must be suited to prevent disruptions to persons and things. Pets may not be placed on passenger seats. The transport of these animals is free of charge.

14.3 Dogs that are not placed in containers such as carry-on baggage or that cannot be accommodated in such containers may be brought on board provided they are leashed and appropriately muzzled. They may not be placed on passenger seats. For such dogs, a child’s ticket (children under 15 years old) must be purchased.

14.4 All other animals and animals with infectious diseases are excluded from carriage.

14.5 Guide dogs for the blind and companion dogs (see 12.3) as defined by Section 228 (6) no. 2 SGB IX are excluded from the muzzle requirement.

14.6 The carriage of animals may be limited to specially designated areas of the train. Guide dogs are excluded from this provision.

15. Passenger Rights in the Event of Train Delays and Cancellations

15.1 The regulations regarding passenger rights for rail travel in the case of train delays, cancellations and any missed connections which result can be found at https://www.flixtrain.com/passenger-rights.

15.2 Deviations from timetables may justify claims for train passengers in the passenger rights listed at https://www.flixtrain.com/passenger-rights. Claims arising from passenger rights shall be submitted using the contact form on the website of FlixBus at https://help.flixbus.com/s/?language=en_IE.

15.3 Compensation shall only be paid if the calculated amount is higher than EUR 4. This is based on Article 19 paragraph 8 of Regulation (EU) No. 2021/782.

16. Seats

16.1 Booking a Seat Reservation

16.1.1 Since seating on trains is mandatory, seats are automatically assigned unless a separate seat reservation is purchased in accordance with Clause 16.1.2.

16.1.2 For certain FlixTrain journeys, a specific seat can be reserved when booking via our website, with partner agencies or the ticket sales offices of Flix companies. Availability and reservation fees vary depending on the route, line, seat category (classic, table or comfort seat) and time of booking.

16.1.3 Booking a seat reservation will be acknowledged in the details of the booking confirmation. In the case of bookings for several people, seat reservations are linked to the individual persons.

16.2 Restrictions on advance seat reservation

16.2.1 In general, only persons with a seat reservation are entitled to use a reserved seat. FlixTrain may reassign seats for operational or safety reasons even after departure. This may occur, for example, if pregnant women, minors, children traveling alone or persons with physical need to move to another seat and no corresponding seats are available. In such cases, the on-board personnel’s instructions must be followed.

16.2.2 If a seat reservation is changed, and it is not possible to assign a seat in the reserved or superior class, the passenger may reclaim the seat reservation fee.

16.2.3 For cancellations and delays in accordance with Regulation (EU) No. 2021/782, the seat reservation fee will be refunded with a credit. This happens automatically if the cancellation or delay is known in advance; otherwise the customer must contact customer service.

16.2.4 There is no refund if the passenger did not travel due to no fault of FlixTrain or the seat was assigned or purchased without charge.

16.3 Cancellations and transfers

If a seat reservation fee has been paid, this will be refunded in the event of cancellation or rebooking. If a trip is cancelled by the passenger, seat reservations can be transferred to other persons on the same trip.

16.4 Booking an extra seat

16.4.1 Provisions 16.1 to 16.3 apply.

16.4.2 An additional seat without an additional ticket does not constitute any further claim for carriage. Therefore, it may not be transferred to another person without a valid ticket.

16.4.3 The fee for an available seat is governed by our current valid ticket prices. Section 16.1.2 also applies to the seat reservation fee for an additional seat.

17. Lost Property

17.1 No liability shall be undertaken for items left in the train.

17.2 Lost property is to be delivered to the traffic and operational staff immediately, as per Section 978 BGB. This will be acknowledged by the operating staff.

17.3 Lost property will be kept for six months after being found and then disposed of, which FlixTrain will publicly announce in advance in an appropriate manner.

17.4 In the event that passengers have left items in the train, they should fill in the lost property form on the web portals of Flix.

18. Liability

18.1 Fundamentally, FlixTrain shall be liable to passengers only in cases of intent or gross negligence; in case of a breach of essential contractual obligations (cardinal obligations); and in the event of injury to life, body or health, even in the case of slight negligence. Obligations towards passengers arising from Regulation (EU) No. 2021/782 remain unaffected.

18.2 In accordance with the generally applicable conditions, FlixTrain is liable for death or injury of a passenger and for damage to property worn or transported by the passenger.

18.3 Essential contract duties are those whose fulfillment enables the proper implementation of the contract in the first place and upon which the contracting party relies and may rely regularly. In the event of a breach of essential contractual obligations, however, the obligation to pay compensation is limited to typical, predictable damages.

18.4 Liability for any damage to the vehicle caused by a passenger or any animal or item being transported by that passenger shall be borne by the passenger responsible, or the passenger transporting the animal or item. The costs incurred shall be borne by the passenger.

18.5 Except in cases of intent, gross negligence or breach of essential contractual obligations, liability for property damages is limited to a maximum of €1,500 per passenger.

18.6 The provisions of the German Public Liability Act (HPflG [Haftpflichtgesetz]) as well as Regulation (EU) No. 2021/782 remain unaffected.

19. Limitation

Claims for damages by the traveler against the carrier in the event of injury to the health of the traveler expire after three years, calculated from the first day after the accident. Claims by other beneficiaries resulting from injury to life and limb shall lapse three years after the day of the death of the traveler, but no later than after five years, calculated from the day following the accident.

Other claims under the contract of carriage shall lapse in one year. However, the limitation period is two years for claims for damages that can be traced back to an act or omission which was either committed with intent to cause such damages, or recklessly and with the awareness that such damages would probably occur.

20. Jurisdiction

The place of jurisdiction for general merchants, legal and natural persons, who have no general place of jurisdiction in Germany as well as for natural persons who have relocated or resettled abroad after concluding a contract of carriage, whose domicile or habitual residence at the time the complaint is not known, is Munich.