1. Application of these Terms and Conditions
The General Terms and Special Conditions of Carriage apply to the use of the web portals of FlixMobility GmbH, hereafter referred to as FlixMobility, as well as the booking of journeys and the carriage of passengers within the interconnection network of FlixTrain GmbH, hereafter referred to as FlixTrain. The vehicles are used for the carriage of passengers.1.1.
The provisions of the German Rail Transport Regulation (Eisenbahnverkehrsordnung, EVO);1.2.
the provisions of the Railway Construction and Operating Regulations (Eisenbahnbau- und –betriebsordnung, EBO);1.3.
provisions of Book IX of the German Code of Social Law;1.4.
the following carriage regulations;1.5.
the fare provisions of FlixTrain;1.6.
the passenger rights for rail passenger services as per Regulation No. 1371/2007 of the European Parliament and of the Council.
No other fares are valid except those mentioned in the fare provisions of FlixTrain.
2. Scope of Application
The Terms and Conditions of Carriage apply according to Section 1 for the carriage of persons, animals and property for rail journeys conducted by FlixTrain.2.2.
The Terms and Conditions of Carriage complement the statutory regulations of the German Rail Transport Regulation (EVO), in its respectively valid version, and Regulation (EC) No.1371/2007 of the European Parliament and of the Council.2.3.
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 service).
3. Right to Carriage
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. Especially Tickets and Bahncards [fare discount cards] from Deutsche Bahn AG, public transport tickets, Bundeswehr tickets, semester tickets do not apply to trains operated by FlixTrain;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.3.1.5.
the passenger has not been excluded from carriage (generally or for the individual journey)3.2.
Children and Minors3.2.1.
Children and minors who have not yet reached the age of 10 will only be permitted to travel on all national and international scheduled services if they are accompanied by an adult during the journey.3.2.2.
Children and minors aged between 10 and 14 may only travel alone in the event that a parent or legal guardian has confirmed in writing during booking that the minor in question is both able and in a position to commence travel unaccompanied and unsupervised. FlixMobility, FlixTrain and their affiliates expressly do not assume any responsibility to supervise a minor. Children traveling alone may not travel on overnight services and across national borders. In addition, all children traveling alone are not authorized to participate in trips involving interchange connections.3.2.3.
Young people aged 15 and above may travel independently. In the case of international connections, parents or legal guardians must ensure that adolescents carry all documents and identity cards necessary for crossing the border (see also clause 15).3.3.
There is no legal claim to a seat.
4. Rules of Conduct for Passengers
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.4.1.1.
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.4.1.2.
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.4.1.3.
Passengers are prohibited from jumping on or off the train while it is in motion.4.1.4.
FlixTrain reserves the right to prohibit the consumption of alcoholic beverages and/or consumption of alcoholic beverages not purchased on board for specific trains, on specific travel days.4.2.
Vehicles may only be entered and exited at stations. Exceptions require the approval of the operating personnel. If departure is announced or the door is closing, the vehicle may no longer be entered or exited. All passengers must always keep a firm hold inside the vehicle.4.3. In case of culpable (= slight negligence at least) soiling in the vehicles, beyond the proper use of vehicles, the actual costs of cleaning will be charged. Further claims shall remain unaffected. The same applies to intentional material damage to vehicles, equipment or operating facilities. These costs shall be charged by the operating staff to the person identified as the perpetrator or who is identified as the source on the basis of other circumstances (e.g., witness statements). If the management of FlixTrain is involved, 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.The traveler is responsible for proving only minor damage or even the absence of damage.4.4.
Those who abusively 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.Abuse is when the emergency brake or other safety devices are operated without any risk to the life and health of a traveler or staff. 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 unscheduled stop. The traveler is responsible for proving only minor damage or even the absence of damage.4.5.
If the passenger breaches the rules of conduct, despite warning, they may be denied carriage.4.6.
If, in the event of assaults, insults, trespassing, damage to vehicles and their facilities, in case of damage caused by the carriage of property or animals, during ticket collection, as well as in the event of refusal to pay the increased 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]).4.7.
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;
- putting on shows or presentations for commercial purposes.
5. Carriage charges, tickets, vouchers, and their acquisition
Commencement of the journey is only permitted with a valid ticket, unless the passenger intends to purchase a ticket on board the train. If the passenger would like to purchase a ticket on board the train, they must inform the train crew of this as soon as a member of the train crew approaches the seat or standing place occupied by the passenger for the first time after departure.5.2.
The established carriage fares are payable for the carriage. Tickets are generally sold in advance by FlixMobility and its partners. The conditions for the sale of tickets are therefore governed by FlixMobility GmbH, Birketweg 33, 80639 Munich and are to be taken from the booking conditions for FlixMobility. The fares are to be taken from the tariff conditions of FlixTrain. In principle, tickets are bound to an individual. Any booking changes must be carried out before commencement of travel. Please refer to the conditions of this in point 6.5.3.
Tickets can be paid using different payment methods, depending on the booking site:5.4.
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.5.5.
On board the vehicle: in general, cash only; On the Hamburg-Cologne route: EC card payments.5.6.
At sales points/travel agencies: All of the payment methods offered by the agency, but always cash payments;5.7.
By phone: credit card (Mastercard/Visa/Amex), as well as by direct debit for customers residing in Germany.5.8.
Special conditions of payment with Ratepay/credit card:5.8.1.
Additional Terms and Conditions and Privacy Notice of RatePAY GmbH:
In order to offer you an appealing payment method, we work in tandem with RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter referred to as "RatePAY"). Should a valid and effective contract come about between you (the customer) and RatePAY via the use of a RatePAY payment method, we transfer our payment claim to RatePAY. In using RatePAY instalments, we transfer our payment claim to RatePAY’s partner bank. If you opt for one of the RatePAY payment methods offered here, you hereby agree to the forwarding of your personal data and of your order to RatePAY for the purposes of identity and credit checks as well as to execute the contract. All details can be found in the Additional general terms and conditions and data protection notice for RatePAY payment methods, which form part of these General Business Terms and Conditions and always apply when you opt for RatePAY payment methods.5.8.2.
Purchase by credit card184.108.40.206.
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 FlixMobility or a third party authorized by it, in case of a chargeback, of the customer’s name and complete address, so that FlixMobility can assert its claims against the customer.220.127.116.11.
Passengers shall be obliged 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.5.8.3.
After unsuccessful collection efforts by FlixMobility, claims will be passed on to an external service provider for further processing. FlixMobility may pass on all the required personal data of the debtors to this external service provider for this purpose.5.8.4.
Offsetting; right of retention18.104.22.168.
Customers shall only be entitled to offset in the event that their counter-claims have been legally established or are uncontested or acknowledged by us. Moreover, they shall only have a right of retention if and to the extent that their counter-claim is based on the same contractual relationship.22.214.171.124.
If customers are in default on any payment obligations, all existing claims from the same contractual relationship shall fall due with immediate effect.5.8.5.
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.126.96.36.199.
For customers who select a payment method subject to fees, a fee of 2.1%, plus VAT, of the total shopping cart value will apply. In each country there is at least one free and common payment method available.5.9.
Redemption of vouchers:5.9.1.
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.5.9.2.
For voucher campaigns carried out by FlixMobility 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, FlixMobility may cancel all bookings exceeding the first three tickets. This regulation may be waived within the scope of special promotions.5.9.3.
Vouchers issued free of charge within the context of marketing activities or as a gesture of goodwill shall expire after the first booking process has been completed.5.9.4.
The commercial use and, in particular, the resale of vouchers, is not permitted, and will be sanctioned by FlixMobility by means of the blocking of tickets and/or the assertion of damage claims.5.9.5.
The cash payment of any balance on a voucher shall be excluded.5.9.6.
In case of fraud, attempted deception or suspicion of other illegal activities related to the purchase, redemption or transfer of a gift voucher, FlixMobility 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.5.9.7.
In case of fraud, attempted deception or suspicion of other illegal activities related to the purchase, redemption or transfer of a gift voucher, FlixMobility reserves the right to cancel any tickets purchased in full or in part via the redemption of such a voucher.5.10.
Passengers must be in possession of a valid ticket for the ride until the end of their journey 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 journey is considered terminated once you have left the train.5.11.
If passengers do not meet their obligations as set forth in point 4, despite a request, they may be denied carriage. The obligation to pay an increased carriage fare is unaffected.5.12.
Complaints about tickets must be reported immediately. Subsequent complaints shall not be taken into account.5.13.
Uniformed officials of the federal and state police travel on board the trains of FlixTrain free of charge without any claim to a seat.
A cancellation can be made either by booking a different ticket (cancellation and new booking) or not using the ticket and getting a subsequent reimbursement for it in accordance with the terms and conditions of FlixMobility. Drivers cannot change or cancel bookings for you.6.2.
Cancellation followed by a new booking (e.g. route, departure time, date of travel) may only be carried out on FlixBus websites or by partner agencies and ticket outlets of FlixCompanies up to 15 minutes before the scheduled departure time. A return trip is considered one booking.6.3.
In the event of a cancellation followed by a new booking, a cancellation voucher will be issued. This cancellation voucher is valid for 12 months 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. These provisions may change in 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. A cash payment of the voucher amount is excluded. Only one voucher may be redeemed per booking.6.4.
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.6.5.
If a refund voucher is used for a booking, the same cancellation terms and conditions also apply to the new journey.6.6.
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 credit of the fare, minus any processing charge or any transfer fee, will only be paid exclusively to the account specified by the customer when placing the order, or to their credit card account if they paid by credit card.
7. Car Classes
A distinction between several car classes is not made.
8. Invalid Tickets
Tickets used in violation of the fare and carriage regulations are invalid and may be confiscated. This applies in particular to tickets which are:8.1.1.
not properly filled out;8.1.2.
torn, cut or otherwise severely damaged, severely soiled or are illegible to the extent that they can no longer be examined;8.1.3.
modified without authorization;8.1.4.
used by non-authorized persons;8.1.5.
used for purposes other than the authorized journeys;8.1.6.
expired due to passage of time or for other reasons.8.2.
A ticket that can only be used for carriage in connection with proof, authorization or customer card, or official proof of identity in accordance with the fare rules is invalid and may be confiscated if the proof or the official identity card is not shown upon request;8.3.
stamped twice or the stamp has been altered or manipulated.8.4.
The confiscation of the ticket will be confirmed in writing upon request.
9. Increased Fare and Denial of Carriage
Passengers without a valid ticket are required to pay an increased fare; this particularly applies if they;9.1.1.
do not have a valid ticket after journey commencement or do not comply with their obligation after departure and purchase a ticket from the train crew;9.1.2.
purchase a valid ticket, but to not wish or are unable to show it during ticket control;9.1.3.
do not show the proof, authorization or customer card, or personal identification document required for a ticket;9.1.4.
are unable to present a valid ticket for the animals or property brought on board, insofar as this is necessary according to the fare rules.
Prosecution in criminal or administrative proceedings is unaffected.
The rules in accordance with the conditions laid down in point 9 shall not apply if a valid ticket was not purchased for reasons outside the passenger’s control.9.2.
The increased carriage fare is equal to twice the normal fare for the distance traveled by the passenger, but at least €60. If the passenger’s departure station cannot be clearly determined, the increased carriage fare may be collected from the train’s departure station.9.3.
The increased carriage fare is payable to FlixTrain within a week after the complaint. After expiry of this period, a processing fee of €7 will be charged for any written payment requests.9.4.
Passengers found without a valid ticket during ticket control who refuse to purchase a ticket are obligated to provide their personal information and present an identification document with photograph 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.9.5.
The increased carriage fare is reduced in the case of 9.1.1 and 9.1.2 to €7, if, within one week, the passenger presents to the management of FlixTrain a personal ticket in their name, valid at the time of the control, or the personal identity card not shown during the control on the train.9.6.
Passengers who are repeatedly found without a valid ticket and have not properly paid the increased carriage fare will be banned from all trains by FlixTrain due to a breach of Section 265a (Obtaining services by deception), Section 247 (Theft from relatives or persons living in the same home) and Section 248a (Theft and unlawful appropriation of objects of minor value) of the German Criminal Code. This excludes a renewed obligation to carry in case of a complaint. The ban may only be lifted if all outstanding receivables have been paid and with a written request from the passenger. If this is not the case and the passenger is found riding with a valid ticket, there is no carriage obligation on the part of FlixTrain.9.7.
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 to9.7.1.
passengers under the strong influence of alcoholic beverages and/or other intoxicating substances.9.7.2.
passengers with weapons subject to the German Weapons Act, provided they are not law enforcement officials of the federal or state police.9.7.3.
passengers who harass other passengers or inappropriately soil the vehicle due to their behavior and lack of cleanliness.9.7.4.
passengers with infectious diseases in accordance with the German Infection Protection Act.9.7.5.
passengers who demonstrate the willingness to resort to or who engage in violence.
10. Reimbursement of Travel Fares
The rules of reimbursement of travel fares are explained in the fare regulations.10.2.
There is no entitlement to a refund
- in case of denial of carriage
- in case of tickets confiscated for being invalid
- in case of tickets for special offers as described in the fare regulations.
Carriage of persons with disabilities and severe disabilities11.1.
The trains of FlixTrain are generally long-distance trains. Severely disabled people must pay the regular fare in the trains of FlixTrain. Carriage of severely disabled people should be registered by phone +49 30 300 137 300 or by e-mail at email@example.com. In order to ensure feasibility, these requests must be made no later than 36 hours before departure.11.2.
If the severely disabled person’s identification card states “Entitles to a companion” with the code B, than a companion may accompany the passenger free of charge.11.3.
Guide and companion dogs as defined by Section 145 (2) no. 2 SGB IX may be taken free of charge, provided the severely disabled person’s identification card of the passenger 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.11.4.
Carriage of wheelchairs or walking aids11.5.
Passengers with disabilities or limited mobility shall be entitled to transport their wheelchairs or walking aids in the bus’s baggage compartment free of charge. The transport of electric wheelchairs and electric scooters is free of charge, as far as the dimensions of 60cm*120cm and a maximum weight of 350 kg is not exceeded.11.6.
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 as well as manufacturer 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. (c.f. clause 11.8).11.7.
In order to verify that transportation 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 from 14 days and no later than 7 days (for transport in the passenger cabin) or 36 hours (for transport in the baggage compartment) before departure.11.8.
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. The 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.
12. Carriage of Property
The passenger may take one piece of hand luggage and one piece of travel luggage in the train free of charge. Other easily portable and non-bulky items will be carried together with the passenger only if this does not endanger the safety and order of operations and does not endanger or disturb other passengers. Only that luggage may be brought along which the passenger is able to load on and off or move on their own and at once. Passengers may only use the luggage racks and the space over and under their seats to store their items. If the passenger has booked a connection in combination with a FlixBus, the conditions for the bus connection apply. These conditions can be found at the following link: https://www.flixbus.com/terms-and-conditions12.2. For additional luggage, which is not subject to the free luggage according to 12.1, a fee of 2 € per additional piece of luggage is to be paid.12.3.
Passengers must place and store their items so as to not endanger the safety and order of operations and not to disturb other passengers. Passengers are personally responsible for securing and monitoring their property at all times.12.4.
The carriage of dangerous substances and dangerous items is excluded, and this applies in particular to
- explosive, flammable, radioactive, foul-smelling or corrosive substances,
- unpackaged or unprotected items which could injure passengers,
- items which exceed the limits of the vehicle.
Bicycles must be standard sizes without accessories and must not exceed a weight of 25 kg. Tandem bicycles and bicycles with more than two wheels are excluded from carriage. In principle, it is recommended to book the bicycle racks early, due to limited capacity. When transporting e-bikes, the battery must be disconnected from the drive system by removal or disconnection.12.6.
Carriage of bicycles is dependent upon the available capacity. The carriage is performed in the designated multi-purpose compartments of the trains.12.7.
The transport of special luggage costs €9 per special luggage regardless of the length of the route and the fare. Carriage of special luggage must not endanger the order and safety of rail operations, or endanger or disturb other passengers. Such tickets are subject in the case of online booking a cheaper fare than when booking on train in accordance with 3.1. the applicable tariff provisions.
Each passenger may only carry one bicycle.
The carriage is limited to
- two-wheel, single-seat bicycles,
- folded bicycle trailers,
- little portable musical instruments (cello, violin, guitar, etc.),
- skies, snowboards, surfboards and other sports equipment
Mopeds and motorbikes as well as other vehicles and tools with combustion engines are excluded from carriage.12.9.
Assembled strollers may only be carried in the designated trains with multi-purpose compartments due to space limitations. The carriage of strollers in assembled condition may require a space reservation in designated trains. In trains without a multi-purpose compartment, strollers may only be carried folded. They must be stored so as to not disturb other passengers.12.10.
Aisles and boarding areas must always be kept clear of luggage, bicycles, strollers and loads for safety reasons.12.11.
The traffic and operational staff decides on a case-by-case basis whether items may be accepted for carriage and where to store them. The denial of carriage for an item does not justify a claim to reimbursement of the fare or the related surcharges or reservation fees.
13. Carriage of Live Animals
Pets may be brought on board only if all legs of the journey are covered by train and none are traveled by bus.13.2.
Live pets that are small (up to the size of a house cat), not dangerous, and placed in appropriate solid 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.13.3.
Dogs that are not placed in containers such as hand luggage or cannot be accommodated in such containers may be brought on board provided they are leashed and muzzled. They may not be placed on passenger seats. For these dogs, a child ticket (children under 15 years old) must be purchased.13.4.
All other animals and animals with infectious diseases are excluded from carriage.13.5.
Guide dogs for the blind and companion dogs (see 11.3) as defined by Section 145 (2), no. 2 SGB IX are excluded from the muzzle requirement.13.6.
The carriage of animals may be limited to specially designated areas of the train.
14. Passenger Rights in the event of Train Delays and Cancellations
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.flixbus.de/fahrgastrechte.14.2.
Deviations from the timetable do not justify any additional claims beyond those passenger rights listed at https://www.flixbus.de/fahrgastrechte. Claims arising from passenger rights shall be submitted using the contact form on the website of FlixBus at http://www.flixbus.de/service/kontakt.
15. Special Obligations of Passengers on International Routes
Passengers on international routes in particular are personally responsible for compliance with the passport, visa, foreign currency, and customs regulations. Potential disadvantages in the event of non-compliance with existing regulations shall be borne by the passenger, even if the regulations are changed after the booking.15.2.
On cross-border routes, passengers are obliged to carry all documents and ID cards necessary for the border crossing.15.3.
Passengers without valid documents required for crossing the border are not entitled to carriage under the Terms and Conditions of Carriage.
16. Lost Property
No liability shall be undertaken for items forgotten or otherwise left in the train. In the event that passengers have left items in the bus, they should fill in the Lost and Found form on the web portals of FlixMobility.16.2.
Any lost property is to be delivered immediately to the traffic and operational staff as per Section 978 of the German Civil Code. This will be acknowledged by the operating staff.16.5.
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 way.
17.1. Claims for damages of the passenger against the carrier in the case of injury to the health of the traveler become time-barred after the expiry of three years from the first day after the accident. Claims of other claimants resulting from injury to life and health shall lapse three years after the date of the death of the passenger, but not later than five years from the day following the accident.
In case of claims based on passenger rights, a limitation period in accordance with the provisions of the EC Regulation 1371/2007 shall apply.
Place of jurisdiction for registered traders, legal persons and natural persons who have no general place of jurisdiction in Germany, as well as for natural persons who have relocated or resetted abroad after concluding a contract of carriage, their domicile or habitual residence at the time the complaint is not known is, is Munich.
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 injury to life, body or health, as well as in the case of slight negligence.19.2.
In accordance with the generally applicable conditions, FlixTrain is liable for the death or injury of a passenger and for damage to property worn or transported by the passenger.19.3.
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.19.4.
For any damage to the vehicle caused by a passenger or any animal or item being transported by that passenger, liability shall be borne by the passenger responsible or the passenger responsible for transporting the animal or item. The costs incurred shall be borne by the passenger.19.5.
Except in cases of intent, gross negligence or breach of essential contractual obligations, the liability for property damages is limited to a maximum of €1,500 per passenger.19.6.
The provisions of the German Liability Act (Haftpflichtgesetz, HPflG) as well as Regulation (EC) No. 1371/2007 including its Annex I (CIV) remain unaffected.