General Terms and Conditions
The following contractual conditions regulate
the legal relationship between Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR and you, the client of the guided tour or event in relation to the mediation activities of the city tour company Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR the legal relationship between you and the Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR mediated tour guide. They become part of the service contract that is concluded between you or the client and the tour guide in the event of a booking.
1. registration and conclusion of contract
With his/her written or verbal registration, the customer makes a binding offer to conclude a travel contract. By registering, the customer accepts the general terms and conditions of Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR. A contract between the two partners is concluded as soon as the order is confirmed by Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR in writing, by e-mail or verbally. Persons under the age of 18 are not permitted to participate in events where alcoholic beverages are consumed.
2. position of the city tour company of Felix Triebswetter/Felix Kandler and the tour guide
2.1. The tour guide provides the contractual services advertised as a direct contractual partner of the guest or the client as an independent service provider. Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR acts exclusively as an intermediary for the contract between the guest or the client of the guided tour and the tour guide carrying out the tour.
2.2. Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR is therefore not liable for services, service deficiencies, personal injury or property damage in connection with the tour.
3. conclusion of contract, position of a group client
3.1. The following applies to all booking channels listed below:
a) bookings are only accepted in accordance with the provisions on maximum group size
b) If the booking is made by a third party referred to in these terms and conditions as the “client”, i.e. an institution or a company, the latter shall be the sole contractual partner of Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR within the framework of the agency contract, or of the tour guide within the framework of the service contract, unless it expressly acts as the legal representative of the subsequent participants in accordance with the agreements made. In this case, the client shall be fully liable for payment of the agreed remuneration or other contractual payment claims.
c) According to the statutory provisions (Section 312g (2) sentence 1 no. 9 BGB) for contracts for guided tours as contracts for services in connection with leisure activities, which were concluded by distance selling (letters, catalogs, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), there is no right of withdrawal, only the statutory provisions on the non-use of services (Section 611 et seq., 615 BGB) apply.
3.2. The following applies to bookings made in writing, by fax or by e-mail:
a) By making a booking, the guest or client offers the respective tour guide, represented by Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR as the legal representative, the binding conclusion of a service contract on the basis of the service description for the respective tour and these contractual terms and conditions, and at the same time issues the corresponding agency contract to Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR.
b) The service contract for the guided tour is concluded by the booking confirmation, which is issued by Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR as the representative of the tour guide. It does not require any particular form. As a rule, however, a written copy of the booking confirmation is sent to the client. In the case of binding telephone bookings, the legal validity of the contract is independent of receipt of the written copy of the booking confirmation and any agreed advance payment.
4. services, reservation of right of substitution; deviating agreements; weather conditions
4.1. The service owed by the tour guide consists of conducting the tour in accordance with the service description and the additional agreements made.
4.2. The maximum group size is 15 people, unless otherwise stated in the tour description. Bookings for groups exceeding this number of people are only possible by booking several additional tour guides at a correspondingly higher cost.
4.3. The minimum group size for public tours is 6 people, unless otherwise stated in the advertisement. In the case of public tours, the tour will not take place if the number of participants falls below this limit. The minimum group size for privately booked tours is 8 people, but other arrangements can be made if necessary.
4.4. Unless expressly agreed otherwise, the tour is not conducted by a specific tour guide. Rather, the selection of the respective tour guide is the responsibility of Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR.
4.5. Even if a specific tour guide has been appointed or expressly agreed, the right is reserved to replace him/her with another suitable and qualified tour guide in the event of a compelling reason for prevention (in particular due to illness).
4.6. The scope of the services owed results from the service description and the additional agreements made. Information and assurances from third parties or agreements with them are not binding for Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR and the tour guides.
4.7. Information on the duration of guided tours is approximate.
4.8. The following applies to weather conditions and their effects on agreed guided tours:
a) Unless expressly agreed otherwise in individual cases, the agreed guided tours take place in all weathers.
b) Weather conditions do not entitle the guest or the client to cancel or terminate the contract with the tour guide free of charge. This shall only not apply if the weather conditions have such a significant impact on the body, health or property of the guest or the client’s participants in the tour that it is objectively unreasonable for the guest or the client and their participants to take part in the tour.
c) If such conditions exist at the start of the tour or are objectively to be expected before the start of the tour at the agreed time, both the guest or the client and the tour guide or the city tour company of Felix Triebswetter & Felix Kandler as its representative reserve the right to terminate the contract for the guided tour with or without notice.
d) In the event of such termination by the tour guide or Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR as its representative, the guest or the client shall have no claims for reimbursement of costs, in particular travel and accommodation costs, unless contractual or statutory claims of the guest or the client for damages or reimbursement of expenses are justified in this respect.
5 Prices and payment
5.1. The agreed prices include the execution of the guided tour and additionally advertised or agreed services.
5.2. Entrance fees, catering costs as well as transportation costs by public and private means of transport, city maps, brochures, museum guides, costs of guided tours within the sights visited as part of the guided tour are only included in the agreed price if they are expressly listed under the services of the guided tour or additionally agreed.
5.3. Payment for the tour must be made in advance as part of the booking process. When booking via a payment service provider, the terms and conditions of this provider must be observed.
6. rebookings
The guest or client is not entitled to make changes to the date of the tour, the time, the place of departure or departure and the destination of the tour (rebooking) after conclusion of the contract.
7. non-utilization of benefits
7.1. If the guest or the client does not make use of the agreed services in whole or in part, in particular by not arriving or not starting the tour without terminating the contract, although the tour guide is willing and able to provide the service, there is no entitlement to a refund of payments already made.
7.2. The agreed remuneration is subject to the statutory provisions (Section 615 sentences 1 and 2 BGB):
a) The agreed remuneration must be paid without any entitlement to a subsequent tour.
b) However, the tour guide must allow expenses saved to be offset against the remuneration, as well as any remuneration that he obtains or maliciously fails to obtain through other use of the agreed services.
8 Termination and withdrawal by the client
8.1. The guest or the client may terminate the contract with the tour guide free of charge after conclusion of the contract up to the 7th day before the agreed start of the service. Notice of termination must be given in writing or by e-mail.
8.2. In the event of cancellation by the guest or the client between the 5th and 3rd working day before the start of the tour, Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR will charge a processing fee of 50% of the agreed total price of the tour.
8.3. In the event of termination later than 3 working days before the start of the tour and on the day of the tour itself, the full agreed remuneration is due for payment.
9 Liability of the tour guide
9.1. The tour guide is not liable for damages that do not result from injury to the life, body or health of the guest or client, unless the damage was caused by the tour guide intentionally or through gross negligence.
9.2. The tour guide is not liable for services, measures or omissions of catering establishments, facilities, providers of sights or other offers visited as part of the tour, unless the damage was caused or partly caused by a culpable breach of duty by the tour guide.
10. tour times, obligations of the guest or the client
10.1. The guest or client is required to provide a mobile phone number at the time of booking or in good time before the agreed date of the tour at which they can be contacted in the event of extraordinary events. As a rule, Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR will also provide the guest or a named person with a corresponding mobile phone number of the tour guide.
10.2. Agreed management times must be adhered to punctually. If the guest is delayed, he/she is obliged to inform the tour guide of this delay at the latest by the time of the agreed start of the tour and to state the expected time of late arrival. The tour guide may refuse a late start to the tour if the postponement is objectively impossible or unreasonable, in particular if this means that subsequent tours or other mandatory business or private appointments of the tour guide cannot be kept. Delays of more than 30 minutes generally entitle the tour guide to cancel the tour.
10.3. The guest or client is only entitled to cancel or terminate the tour after the start of the tour if the tour guide’s performance is significantly deficient and these deficiencies are not remedied despite a corresponding complaint. In the event of unjustified discontinuation or termination, there is no entitlement to a refund. Warranty claims of the guest or the client in the event of defective performance of the tour remain unaffected by this.
11. vouchers
11.1. All vouchers issued by Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR are subject to the above terms and conditions. The regulation is made here in particular.
11.2. The vouchers are value vouchers, i.e. they correspond to the printed or paid monetary value, which usually corresponds to the value of a guided tour of the Old Town. If the tour price increases after the voucher has been purchased, the difference must be paid at the time of booking.
11.3. The Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR vouchers can be purchased and redeemed on the website https://taverntours.de/.
11.4. It is not possible to redeem vouchers issued by Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR. The customer has no right of revocation or return for purchased vouchers.
11.5. No replacement is possible if a voucher is lost. Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR accepts no liability for costs arising from a change in the composition of the affiliated partners.
11.6. Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR is not obliged to check the eligibility of a voucher redeemer beyond checking the validity of the redemption code. The holder of the voucher must therefore ensure that the voucher and/or the redemption code does not come into the possession of unauthorized third parties and must inform Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR immediately if there is at least the possibility that this has nevertheless happened. For a voucher redeemed by an unauthorized person, § 793 para. 1 sentence 2 BGB accordingly.
11.7. Misuse or multiple redemption of a Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR voucher will be prosecuted. This expressly includes any attempt at abusive or multiple redemption.
11.8 Corporate customers are not permitted to resell purchased Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR vouchers, neither to private end customers nor to commercial users. Exceptions require the written consent of Triebswetter, Felix & Kandler, Felix Kulturveranstaltungen GbR.
12. data protection
12.1. The customer agrees that the data provided by him/her for the processing of the agreed service may continue to be used by the organizer for customer support.
12.2. Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR undertakes not to pass this data on to third parties in accordance with the Federal Data Protection Act.
Place of jurisdiction
Insofar as full payment on site to the tour guide or to Triebswetter Felix & Kandler Felix Kulturveranstaltungen GbR has been agreed, the place of fulfillment and jurisdiction is the location of the tour.
Severability clause
The invalidity of individual provisions of the General Terms and Conditions or the contract shall not result in the invalidity of the entire agreement.
OS platform
We draw your attention to the EU Commission’s online platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://www.ec.europa.eu/consumers/odr.
Our e-mail address is info@taverntours.deEine
