represented by Herrn Thomas Hanz and Christian Stoll, in the following referred to as “organiser”, for the performances of guided tours.
1.) Conclusion of contract
With his written, telephonic or electronic registration the client offers the organiser the firm commitment of the conclusion of the contract. The contract is made confirming to the client the booking on the basis of the general conditions via text form.
2.) The scope of performance
2.1 The agreed scope of performance is the result of the service description as well as the additional listing of performances kept in the booking confirmation. Collateral agreements that change the performances in the contract are only valid if they are in written form.
2.2. The organiser expressly reserves changing the meeting point, the beginning of the tour or changing in the way if there are severe conditions for a change, such as weather change, demonstrations or road closures. The client will be informed immediately about those changed as described above.
3.) Unclaimed commitments
If the client does not claim or not fully claim certain services after the tour has begun due to earlier departure, health reasons or due to any other reason, he will not have the chance to get reduction or discount of the price.
The personalized handed or electronically delivered vouchers are personalized documents which cannot be given to third parties or reproduced. The client is responsible for filling out the voucher correctly.
Upon cancellation 30 days before the start of the tour the price is refunded at 100% if the payment has already been successful. If there has not been a successful payment so far the confirmation and registration will be invalid. Upon cancellation 14 days before the start of the tour the price will be refunded at 50% if the payment has already been successful. Upon cancellation seven days before the start of the tour the price will be refunded at 25% if the payment has already been successful. If there has not been a successful payment so far the client is obliged to pay 75% of the price.
Upon cancellation of the registration of less than seven days before the start of the tour the contribution will be conducted at 100% if the payment has been successful so far. If there has not been a successful payment yet the client is obliged to pay the full amount of the price (100%).
Cancellation can be in written form (mail, SMS) or via telephone. If you cancel by making a phone call the cancellation is only valid if the phone call is confirmed by us in written form (mail, SMS).
A cancellation for a registration that is made less than seven days before or at the same day cannot be confirmed due to reasons of planning. The contribution will be at 100% of the price.
The right of the client to resale the claims made in the contract to a third party is not allowed. At the same time the client is not authorized to presume a third party to use his own claims in his own name.
The organiser reserves to exclude drunk persons from the guided tour. An entitlement of refund of the price or the the claim of any further damages does not exist.
7.1. The organiser is liable in the course of due diligence of a prudent businessman for the precise preparation and performance of the tour.
7.2. The liability of the organiser is limited to the agreed services.
The organiser is only liable to the client of those damages that are the organiser’s faults and only in the course of the legal regulations. If essential contractual obligations are affected the organiser’s liability in case of negligence is limited to contract typical, predicted damages.
Essential contractual obligations are obligations that arise from the nature of the contract and which violation would endanger the the achievement of the purpose of the contract as well as obligations that the contract imposes to the organiser, based on its content, for attainment of the contract, which makes possible the proper execution of the contract and to whose observation the client has normally to rely.
Upon any liability of any immaterial contractual obligation, liability for violations of obligations based on ordinary negligence is barred.
7.3. The organizer is not liable for services of third parties, even if the organiser acted as mediator.
7.4. If minors take a guided tour, the legal guardian are made liable. The organiser does not take any supervisory duties.
7.5. The organiser is liable in accordance with applicable legal regulations for injuries to life, body and health which are based on attributable to the negligent or deliberate violation of duty by the organiser, the legal representative of or the person employed to perform the duties or the subcontractor.
7.6. The organiser is not liable for objects that the client loses. He is also not liable for objects that are damaged by other participants or by third parties.
7.8. To the extent that the liability for damages of the organizer is excluded or restricted, this also applies for the personal liability of the organiser’s employees, representatives or subcontractor.
8.) In cooperation with other counterparties the organiser is not liable for their services. This especially applies to the free vouchers that are provided by counterparties.The organiser can also, even at short notice, cancel the cooperation with a cooperation partner if there are reasons which make this necessary for example if the meals in a restaurant significant decrease in quality.
The current cooperation partner are represented at the website of the organiser which were made public for the client through hints of voucher (relevant links and email).
The claim to compensation for injury caused by minor negligence of essential
contractual obligations is, however, restricted to contractually typical, foreseeable damage in so far as there is no liability for damage to life, personal injury, or damage to health. This also applies for the liability of the organiser’s subcontractors.
9.) place of jurisdiction
The exclusive legal venue for all deliveries and payments as well as all disputes between the organiser and its client arising directly between the successful contract agreed by both parties is the head office of the organiser, in case that the client is the purchaser registered in the trade register as merchant, legal entity of the public right or public-legal special.
10.) final clauses
The invalidity of individual regulations of the contract does not result in the invalidity of the entire contract;
State: Mai 2014