Terms and conditions of Führgen-Hamburg
Status: 26.04.2018
The terms and conditions govern the contractual relationship between the client and the Hamburg driver, represented by Melanie Vetter. With the booking, the client acknowledges these conditions.
1. General Regulations
1.1 These Terms and Conditions apply to all our services in the context of city tours, tours, city tours and events of any kind for consumers, entrepreneurs and legal entities under public law. The inclusion of your own terms of contract will be expressly objected to unless we have agreed to their validity in writing.
1.2 These Terms and Conditions also apply if we perform the service to you without reservation, in the knowledge of conflicting or different terms and conditions on your part. In these cases, the acceptance of the benefits by you is considered recognition of these terms and conditions.
1.3. Only German law applies. The application of the laws and conventions of international purchasing law (CISG) is excluded.
1.4. Should, for any reason, individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected by this.
2. Registration and conclusion of contract
2.1 With the application, which can be made orally, in writing, by e-mail or via the Internet, the contracting partner (' the customer ') offers Melanie Vetter (' the organiser ') the conclusion of a contract based on the Performance description and these terms and conditions binding.
2.2 The contract is concluded by confirmation from the organiser. It does not require any particular form, but it will normally be done in writing or orally.
2.3 In the event of oral notification, the acknowledgement of these Terms and Conditions shall be made, unless not known from the Promoter's Offer, either by personal knowledge of the submitted copy on site or by explicitly refraining from prior knowledge and your Enapproval of the submission.
2.4 The guest or group contractor is required to provide a mobile phone number at the time of booking or in good time before the agreed date of the guided tour, under which they can be contacted in the event of exceptional events. Melanie Vetter will also usually provide the guest or a designated person with a corresponding mobile phone number.
3rd service description
The offers booked refer to city tours, themed tours and extended tours, which are publicly advertised by the organizer. In addition, closed group tours are also offered, which are individually commissioned by the customer on a special date, for example for company events, private events or school trips. These offers require registration as a closed event.
3.1 The scope of services is basically the result of the organiser's description of the service and the agreements that may also have been made. Ancillary agreements require written confirmation by the organiser.
3.2 The Promoter reserves the right to make a minimum number of participants a condition or a minimum price for certain events.
3.3 For pre-contractual services, an expense-based processing fee may be levied, which is counted towards the agreed price in the event of the conclusion of the contract.
3.4 The agreed service does not include:
3.4.1 The supervision of guests, in particular children, school classes, young people and people in need;
3.4.2 The supervision and liability of items that the customer or one of his guests brings to an event.
3.5 The maximum number of participants per tour guide is 25 people for city tours (also for combined bus tours/foot tours).
3.5.1. If the number of participants appearing for guidance exceeds an agreed number or, without an explicit other agreement, the number of 25 persons per tour guide, Melanie Vetter is entitled to bring in another tour guide. This additional tour guide shall be paid in full regardless of how many persons the agreed number of participants have been exceeded, in accordance with the applicable remuneration rates. It is at the discretion of the original and the tour guide to divide up the group. If another guest leader cannot be found if the agreed number of persons is exceeded, Melanie Vetter has a compensation entitlement equal to twice the rate in accordance with the current remuneration scheme.
4. Payment terms
4.1 Payment of participation fees is due immediately after receipt of the invoice by post, e-mail or fax and must be paid at the latest at the beginning of the event without deduction. If the participation fees have not been paid up to this date, we are entitled to prohibit you from participating in the event.
4.2 Prices published at the time of booking apply. All prices of events aimed at consumers are inclusive of applicable statutory VAT. For offers to commercial customers, statutory VAT is not included in our stated prices.
4.3 Any entrance fees, parking fees, transport costs, food costs are not included in the price and are paid directly on site by the customer himself. Deviations from this scheme must be agreed in writing.
5. Withdrawals by the customer
5.1 The customer may resign at any time before the start of the booked event. The decisive factor is the receipt of the resignation declaration by the organizer. Pre-payments already paid, such as entrance tickets for the Elbphilharmonie (these now cost €5.00 p.p. for tour operators), will still be charged. The resignation must be made in writing and must be confirmed by the organiser. If the customer withdraws from the contract or does not attend an agreed event without first withdrawing from the contract, the organizer may demand appropriate compensation. The organizer can calculate the damage concretely or make a lump sum compensation claim at his choice. The resignation conditions are:
5.1.1 In individuals:
- In the event of a withdrawal less than 48 hours (2 days) before the start of the event or in the event of no-show of the customer, 100% of the event price. (Not included here are already paid inputs such as entrance tickets for the Elbphilharmonie (these now cost €5.00 p.P. for tour operators) these are still charged).
5.1.2 In group tours (contracted):
- From 14 days to 3 days before service delivery: 50%
- Up to 3 days (72 hours) before the start of the event or no-show: 100% of the respective invoice amount
- (Not included here are already paid inputs such as entrance tickets for the Elbphilharmonie (these now cost €5.00 p.P. for tour operators) these are still charged).
6. resignation by the organizer
In the following cases, the organizer reserves the right to withdraw from the contract in full or in part, even at short notice and on site.
6.1 When force majeure is on the effect.
6.2 In the event of acute illness or no-show of the guest guide.
6.3 If a customer or participant of the group is permanently disrupting the performance, regardless of a warning.
6.4 If a customer or individual participant behaves in breach of contract or disregard safety warnings by gross negligence.
6.5 If a customer is not up to the program requirements due to miscalculation.
6.6 We reserve the right to refuse an event booking without giving any reason. In this case, event fees already paid will be refunded in full.
7. Group delays
7.1 In the event of a delay of the group, the tour guide waits up to 30 minutes at the agreed meeting point. If the group does not appear until after, the tour guide leaves the meeting point and the agreed invoice amount will be charged 100%.
7.2 If the group appears late at the meeting point with announcement, the leadership will be shortened accordingly; Despite this, the fee is 100% due.
7.3 In the event of a late appearance of the group, the Promoter will, at the request of the client, carry out the tour with the originally agreed duration if the tour guide does not have to fulfil other obligations. In this case, an additional lump sum per start 30 min of €45 is due.
7.4 If the tour is terminated early at the request of the group, the full amount of the invoice is due.
8. Redetention of change
The Promoter is entitled to make necessary substantive, methodological and organisational changes or deviations (e.g. due to legal changes) before or during the event, insofar as they provide the benefits of the announced event for you Do not change significantly. We are entitled to replace the intended tour guide, speaker or tour guide with other qualified persons with regard to the announced topic if necessary (e.g. illness, accident).
9. Liability
9.1 The Promoter is liable for the conscientious preparation, the careful selection of the guest guides, the accuracy of the performance descriptions and the proper performance of the contractually agreed services.
9.2 The Promoter is not liable for services recommended or brokered as third-party services of other service providers (e.g. rail, bus or taxi company, gastronomic establishments, museum or exhibition visits, etc.)
9.3 The customer is obliged to participate in the event of performance disturbances, to avoid possible damage or to keep it to a minimum. In particular, it is obliged to notify the organiser of agreed but deflected or missing services without delay.
9.4 A liability on the part of the organiser relates to the agreed services and is excluded for damages and accidents. Participation in the events is at your own risk.
9.5 In the case of children's and youth tours and school classes, neither the organiser nor the tour guide assumes the duty of supervision in principle. The accompanying personnel must be provided by the customer.
10. Accessibility of local attractions and their special regulations
10.1. Melanie Vetter has no influence on entry times of local attractions. The time mentioned in the Melanie Vetter order confirmation therefore only applies to the start of the leadership. It does NOT guarantee admission to a sight at the time.
10.2. Furthermore, Melanie Vetter has no influence on the general accessibility of museums and public buildings, especially churches on Sundays and public holidays (e.g. closure wg. Services, special events, etc.).
11th place of jurisdiction
11.1 The customer can only bring claims against the organizer at his general place of jurisdiction, i.e. Hamburg.
11.2 If the customer is a merchant or a legal entity under public or private law or if the customer does not have a general place of jurisdiction domestically, the place of jurisdiction for lawsuits brought by the organiser is his place of business, i.e. Hamburg.
12th Salvatory Clause
The possible invalidity of individual provisions does not lead to the invalidity of the remaining provisions or the contract as a whole.