§ 1 – Legal Basis, General Terms of the Client

1.1. The contractual relationship between the guest or client and AnSou Anhalter Souvenirs UG (haftungsbeschränkt) – hereinafter referred to as TourguideMe – shall be governed primarily by these contractual terms and, subsidiarily, by the statutory provisions on contracts for work and services (§§ 631 et seq. BGB – German Civil Code).

1.2. TourguideMe does not provide a combination of travel services within the meaning of §§ 651a et seq. BGB (provisions on package travel contracts as amended from 01 July 2018) and is therefore not a package travel organiser within the meaning of the law. The individual services provided by TourguideMe (in particular guided tours and sightseeing tours) constitute individual services to which the law on contracts for work and services applies.

1.3. The entire legal and contractual relationship between TourguideMe and the guest or client shall be governed exclusively by German law.

1.4. For entrepreneurs within the meaning of § 14 BGB, these contractual terms shall also apply to future contracts – even if TourguideMe does not expressly refer to them or declare them applicable upon conclusion of the contract. In contracts with entrepreneurs, the entrepreneur’s own general terms and conditions shall not apply – even if the entrepreneur refers to them and declares them applicable when placing the order, and even if TourguideMe has not objected to such terms.

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§ 2 – Intermediation of Third-Party Services

2.1. Where TourguideMe arranges additional services beyond the contractually agreed services – in particular excursions, transportation, sightseeing visits, catering services, travel, accommodation, admission tickets or other services – and clearly indicates its intermediary role in the booking confirmation, TourguideMe shall not be liable for those services, the accuracy of the service description, price information, or personal injury or property damage, unless the damage was caused by a breach of TourguideMe’s intermediary duties.

2.2. Where sightseeing tours and transfers are offered by TourguideMe, the transportation is not carried out by TourguideMe itself but by companies or self-employed persons who hold the relevant licence under the German Passenger Transport Act (Personenbeförderungsgesetz – PBefG).

§ 3 – Conclusion of Contract

3.1. By making a booking, the guest makes a binding offer to TourguideMe to enter into a contract. The basis of this offer is TourguideMe’s service description, the supplementary information in the booking documents and these contractual terms.

3.2. Travel agents and service providers of TourguideMe (e.g. bus companies, tour guides) are not authorised to make agreements, provide information or give assurances that alter the agreed content of the contract, go beyond the contractually agreed services of TourguideMe, or contradict TourguideMe’s service description.

3.3. Bookings may be made verbally, in writing, by telephone or electronically (email, internet). For electronic bookings, receipt of the booking will be confirmed to the guest or client without delay by electronic means. This acknowledgement of receipt does not constitute a booking confirmation and does not establish a right to the conclusion of a contract in accordance with the booking wishes of the guest or client.

3.4. Where guests book TourguideMe’s services individually or in private groups, each guest is a contractual partner of TourguideMe. The person making the booking shall be liable for the contractual obligations of all co-booked participants as for their own, provided they have assumed this obligation by express and separate agreement.

3.5. In the case of tour operators, coach companies, event and incentive agencies, school classes, associations and companies, the contractual partner of TourguideMe is the respective institution. This party – referred to above and below as the “client” – bears full payment obligation for the total price of all booked services or guests.

3.6. The contract is concluded upon receipt of the acceptance declaration, which is not subject to any formal requirements, with the result that verbal, telephone and electronic confirmations are also legally binding on the guest or group client. As a rule – except for short-notice bookings made less than 7 working days before the start of services – TourguideMe will additionally send a written copy of the booking confirmation to the guest or group client.

3.7. Where TourguideMe prepares a special offer at the request of the guest or group client, this constitutes – contrary to the above provisions – a binding contractual offer from TourguideMe to the guest or group client. In such cases, the contract is concluded without requiring a corresponding re-confirmation from TourguideMe, when the guest or group client accepts this offer within the period specified in the offer, without restrictions, amendments or additions, by express declaration, deposit payment or final payment.

§ 4 – Reservations

4.1. Non-binding reservations that entitle the guest to cancel free of charge are only possible where expressly agreed with TourguideMe.

4.2. For clients, reservations may also be agreed as firm options (the booking becomes binding if not cancelled within the agreed period) or lapsing options (the booking expires if not confirmed within the agreed period). Unless expressly agreed otherwise, options are in principle lapsing options.

4.3. Where no non-binding reservation has been expressly agreed, a booking pursuant to § 3 of these terms shall in principle result in a contract that is legally binding on both TourguideMe and the guest or client.

4.4. Where a non-binding reservation has been agreed with a private guest, the guest must notify TourguideMe by the agreed date if the reservation is to be treated as a binding booking. If this does not occur, the reservation shall lapse without further obligation on TourguideMe to give notice. If notification is given, the booking becomes binding regardless of any booking confirmation that TourguideMe may subsequently issue.

§ 5 – Prices and Services

5.1. The prices quoted in the offer are final prices and include the statutory value added tax and all ancillary costs, unless otherwise stated with regard to ancillary costs. They apply per person or per group.

5.2. The services owed by TourguideMe are determined exclusively by the content of the offer or the booking confirmation in conjunction with the valid offer or the service description, as well as any supplementary agreements expressly made with the guest/group client. The guest/group client is advised to make supplementary agreements in text form.

5.3. After conclusion of the contract – and where more than four months lie between the conclusion of the contract and the agreed start of services – TourguideMe may increase the price for the following objective reasons that were not foreseeable at the time of conclusion of the contract: tax increases, exchange rate changes in the case of foreign currency agreements, increases in admission fees, taxes and levies.

5.4. Prices may also be amended by TourguideMe where the guest or group client subsequently requests changes to the number of booked guests, the itinerary, the services or the duration of services and TourguideMe agrees to such changes.

5.5. For rebookings (changes relating to start of service, end of service, duration of service and other supplementary services), to which there is no legal entitlement, TourguideMe may charge a rebooking fee of €20.00 per amendment. This does not apply if the change is only minor.

§ 6 – Changes to Services

6.1. Changes to essential contractually agreed services that become necessary after the conclusion of the contract and that were not brought about by TourguideMe contrary to good faith are only permitted insofar as the changes are not significant and do not impair the overall character of the contractual services.

6.2. In principle, exact adherence to the route and itinerary of sightseeing tours cannot be guaranteed. Route changes and rescheduling of programme items are expressly reserved for objective reasons (e.g. traffic congestion, road closures, construction works, demonstrations, overcrowding at individual sightseeing points). It may also become necessary for objective reasons to replace individual programme or sightseeing items with other, equivalent ones.

6.3. Any warranty claims shall remain unaffected insofar as the amended services are defective.

6.4. TourguideMe shall inform the guest or group client of any material changes to services without delay after becoming aware of the reason for the change.

6.5. In the event of a material change to an essential service, the customer shall be entitled to withdraw from the contract free of charge. Further claims are excluded.

§ 7 – Payment

7.1. The due date for payments shall be determined by the agreement made with the guest or group client and noted in the booking confirmation.

7.2. Where no special agreement has been made, the following payment terms shall apply to group clients: Group clients must pay the total price in cash on site at the latest after the agreed services have been provided. Credit card payments on site are possible where individually agreed with TourguideMe. Accepted cards: EC-Giro Card / Maestro / V-Pay, VISA, AMEX or MasterCard.

7.3. Payments by advance invoice are due 7 days before the guided tour. The guest and the client shall be in default without a reminder if outstanding amounts are not settled 7 days before the guided tour. TourguideMe’s claim shall bear interest at 9 percentage points above the base rate (§ 288 (2) BGB) for entrepreneurs as clients, and at 5 percentage points above the base rate (§ 288 (1) BGB) for consumers. The right to claim further damages is reserved.

7.4. If payments or outstanding balances are not made at the agreed due dates despite being due, TourguideMe shall be entitled, after issuing a reminder with a deadline, to withdraw from the contract and charge the guest or client costs in accordance with these terms.

7.5. Payments in foreign currencies and by cheque are not possible.

§ 8 – Withdrawal and Cancellation by the Guest / Client

8.1. The guest or client may withdraw from the contract at any time before the start of the guided tour. The decisive factor is receipt of the withdrawal declaration by TourguideMe.

8.2. Cancellation must in all cases be made in text form (e.g. by email, letter or fax). In the event of withdrawal, TourguideMe may demand reasonable compensation. TourguideMe is free to calculate the compensation using the following flat rates:

• Up to 30 days before the guided tour: free of charge
• Up to 14 days before the guided tour: 50% of the agreed price
• Up to 7 days before the guided tour: 100% of the agreed price

The guest or client shall be permitted to demonstrate that TourguideMe has suffered no loss or a significantly lower loss than the above flat rate. TourguideMe reserves the right to demand higher, specifically calculated compensation insofar as TourguideMe can demonstrate that it has incurred significantly higher costs than the respective flat rate.

8.3. In the event of non-utilisation of services without prior withdrawal declaration (no-show), TourguideMe’s right to payment of the agreed price including charges for additional services shall remain, less any saved expenses.

8.4. A cancellation shall in principle only become valid upon a cancellation confirmation in text form to the client.

§ 9 – Obligations of the Guest / Group Client

9.1. The guest or client is obliged to notify TourguideMe or its agents of any defects and disruptions without delay and to request remedy. A notice of defect given only to the service provider (e.g. the bus company) is not sufficient. If the guest or client culpably fails to give notice of defects, their claims may be reduced in whole or in part.

9.2. The guest or client may only terminate the contract in the event of material defects or disruptions. Before doing so, they must set TourguideMe a reasonable deadline for remedy as part of the notice of defect, unless remedy is impossible, is refused by TourguideMe, or immediate termination is objectively justified by a special interest of the guest or client that is recognisable to TourguideMe, or continuation of the contract is unreasonable for such reasons.

9.3. Bringing pets, bulky or oversized luggage is only permitted where expressly agreed with TourguideMe.

9.4. TourguideMe may terminate the contract without notice if the guest persistently disrupts the event despite a warning, or behaves in such a way that is contrary to the contract to such an extent that immediate termination of the contract is justified. If TourguideMe terminates the contract, the provisions of § 8 shall apply accordingly to TourguideMe’s payment claim.

§ 10 – Liability

10.1. TourguideMe shall be liable without limitation for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by TourguideMe or one of its legal representatives or vicarious agents. TourguideMe shall also be liable without limitation for other damages caused by an intentional or grossly negligent breach of duty by TourguideMe or one of its legal representatives or vicarious agents.

10.2. Otherwise, the contractual liability of TourguideMe for damages that are not personal injury shall be limited to three times the total service price, insofar as damage to the guest was caused neither intentionally nor through gross negligence, or insofar as TourguideMe is responsible for damage suffered by the guest solely due to the fault of a vicarious agent.

10.3. TourguideMe shall not be liable for service disruptions in connection with services that, in addition to the advertised services, are merely arranged as third-party services recognisable to the guest/client (e.g. transport, events, theatre visits, boat trips).

§ 11 – Limitation Period

11.1. Claims of the guest/client against TourguideMe arising from the contract – regardless of the legal basis, but with the exception of claims based on tort and claims for injury to life, body or health – shall become time-barred after one year.

11.2. The limitation period shall begin at the end of the year in which the claim arose and the guest or client became aware of, or would have become aware of without gross negligence, the circumstances giving rise to the claim and TourguideMe as the debtor.

11.3. If the guest or client and TourguideMe are engaged in negotiations regarding asserted claims or the circumstances giving rise to the claim, the limitation period shall be suspended until the guest or group client or TourguideMe refuses to continue the negotiations. The aforementioned limitation period of one year shall commence no earlier than 3 months after the end of the suspension.

§ 12 – Applicable Law and Jurisdiction

12.1. The contractual relationship between the guest or client and TourguideMe shall be governed exclusively by German law. For consumers habitually resident within the European Union, this choice of law shall apply only insofar as the protection afforded to the consumer by mandatory provisions of the law of the state in which the consumer is habitually resident is not thereby withdrawn (Art. 6(2) of the Rome I Regulation).

12.2. For actions by consumers against TourguideMe, the competent court shall be, at the consumer’s choice, either the registered office of TourguideMe or the consumer’s place of domicile. For actions by TourguideMe against consumers, the consumer’s place of domicile shall be decisive.

12.3. For actions against guests or clients who are merchants, legal entities under public or private law, or persons whose place of domicile/business or habitual residence is abroad, or whose place of domicile/business or habitual residence is unknown at the time the action is brought, the registered office of TourguideMe is agreed as the place of jurisdiction.

§ 13 – Right of Withdrawal

13.1. Consumers are generally entitled to a right of withdrawal for distance contracts (e.g. bookings made by email, telephone or internet) pursuant to § 312g BGB.

13.2. However, pursuant to § 312g(2) No. 9 BGB, the right of withdrawal does not apply to contracts for the provision of services related to leisure activities where the contract provides for a specific date for the provision of the service. As the guided tours and sightseeing tours of TourguideMe each take place on a specific date agreed at the time of booking, there is no right of withdrawal for these services.

13.3. The right to withdraw pursuant to § 8 of these terms remains unaffected.

§ 14 – Dispute Resolution

14.1. TourguideMe is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG).

14.2. TourguideMe endeavours to resolve any disagreements with guests or clients amicably. If you have questions or complaints, please contact TourguideMe directly: info@tourguideme-berlin.com or by phone at +49 151 2946 0999.

§ 15 – Final Provisions

15.1. The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions. The corresponding statutory provision shall apply in place of the invalid provision.

15.2. Amendments and supplements to the contract shall require text form. This also applies to the waiver of the text form requirement.

15.3. Information on data protection can be found in the Privacy Policy of TourguideMe.