Terms and Conditions (as of April 2017)
Legal basis, terms and conditions of the client
The contractual relationship between the guest or client and TourguideMe primarily these conditions, alternatively to the statutory provisions governing the work contract, §§ 631ff apply. BGB.
TourguideMe does not provide whole main tourism service the meaning of §§ 651a ff. BGB (rules on package travel contract) and is not therefore package tour operators iS the legal provisions.
The entire legal and contractual relationship between TourguideMe and the guest or client only German law applies.
With regard to companies within the meaning of § 14 BGB these terms and conditions also apply to future contracts even if they are not expressly taken by TourguideMe upon conclusion again in terms or declared applicable. For contracts with entrepreneurs whose terms and conditions are not valid even if they were not taken by the trader when placing the order with respect and declared applicable and not when TourguideMe did not object to these conditions.
Provision of outside services
As far TourguideMe addition to the services contracted additional services, in particular excursions, transportation, sightseeing, catering services, travel, accommodation services, tickets or other services conveyed while clearly indicating on the confirmation of their intermediary position TourguideMe not liable for the performance, the accuracy of the provided that the breach of any agent’s obligations is not for the occurrence of the loss specifications, pricing, as well as personal injury or damage was the cause by TourguideMe.
Unless sightseeing tours and transfers are available from us, transport is not carried out by ourselves, but are by enterprises or self-employed, which the holder of a relevant approval by the Passenger Transport Act (PBefG).
By booking the guest TourguideMe provides the conclusion of the contract to be binding. This offer is based on the terms of reference TourguideMe, the supplementary information in the booking document and these terms and conditions.
Travel agents and service providers of TourguideMe (eg bus companies, tour guides) are not authorized to enter into agreements to provide information or make assurances that amend the content of the contract, go beyond the contractually promised services of TourguideMe or contrary to the terms of reference of TourguideMe stand.
The booking can be made verbally, in writing, by telephone, by fax or electronically (email, Internet). For electronic bookings the guest or the customer of the receipt of the booking is confirmed electronically without delay. This confirmation of receipt does not constitute confirmation and shall not entitle the conclusion of the agreement by the company wishes of the guest or client.
If guests book alone or in private groups the services of TourguideMe, every guest is a contractual partner of TourguideMe. The person making the booking has to stand up for the contractual obligations of all participants with posted as their own when it has assumed this obligation through express and separate agreement.
Tour operators, bus companies, event and incentive agencies, school groups, clubs, associations and companies, etc. contractor is TourguideMe the respective institution.
This – called the full payment obligation for the total price of all services booked, or guests – above and below – the customer.
The contract is concluded with the receipt of the acceptance, which requires no form, with the result that even verbal, telephone and electronic confirmations for the guest or group clients are legally binding. Normally TourguideMe is except for short-term bookings less than 7 working days before commencement, also send a written copy of the booking confirmation to the guest or group clients.
Submitted TourguideMe at the request of the guest or group customer a special offer, lies in deviating from the above provisions, a binding contract offer from TourguideMe to the guest or group clients. In these cases the contract, without requiring the corresponding reconfirmation by TourguideMe comes into being when the guest or corporate customer accepts this offer within the said offer period without any reservations, modifications or extensions by explicit declaration, payment or final payment ,
Non-binding reservations that justify free withdrawal are only possible with an explicit agreement with TourguideMe.
For clients reservations as a solid option (the reservation is binding if it is not canceled within the agreed period) or Expiration Option (void the booking, if not confirmed within agreed period) be agreed. Unless otherwise expressly agreed, options are basically expiration options.
Is not a non-binding reservation expressly agreed, making the booking under paragraph 2 of these conditions in principle to a legally binding for TourguideMe and the guest or the customer contract.
Is a non-binding reservation has been agreed for private guests, the guest has to make TourguideMe release by the agreed date, if the reservation should be treated as a binding booking. If not, the reservation is rendered without further notification obligations of TourguideMe. If the notification is so independently of the booking of a TourguideMe as yet any booking confirmation binding.
Prices and services
The prices quoted are final prices including VAT and all incidental expenditures, to the extent relating to the Charges not indicated otherwise. They are per person or group.
Owed by TourguideMe result exclusively from the content of the offer, or booking confirmation in connection with the valid range, or the terms of reference including any supplementary expressly made with the guest / group client agreements. The guest / group client is advised to take additional agreements in writing.
After conclusion of the contract and if the period between the contract and the agreed commencement more than four months, TourguideMe can increase the price of the following objective, unexpected for them upon conclusion of reasons: tax increases, changes in exchange rates on foreign currency agreement, increasing entrance fees, taxes and fees.
The prices can be changed by TourguideMe further if the guest or the group client subsequently wishes to change the number of guests booked, the execution, the performance or the durability, and the TourguideMe agrees.
For changes (changes in power start, power end, duration of benefits, and other supplemental services) for which there is no legal entitlement, TourguideMe can charge a rebooking fee of € 20, – per reservation change. This does not apply if the change is only slight.
Changes in key contractual services which become necessary after conclusion of contract and from Berlin city guides are not in bad faith brought about are only permitted if the changes are not substantial and do not affect the overall character of the contractual services.
Basically no exact compliance with the route and the course can be guaranteed for city tours. Route changes and the change of program points are objective reasons (eg. As traffic congestion, closures or construction, demonstrations, trapping individual tour points) expressly reserved. It may be necessary as well for objective reasons, to replace individual program or visit points by other equivalent.
Possible warranty claims remain unaffected if the amended services are defective.
TourguideMe is the guest or the corporate customer customers report significant changes in performance immediately after becoming aware of the change reason.
In the event of a substantial change to an essential service, the customer is entitled to withdraw the contract. Further claims are excluded.
The maturity of payments depends on the arrangement with the guest or group client and noted in the booking confirmation control.
Is a special agreement was made, the following payment provisions apply to group Client: Group principals have to be paid locally at the latest after the provision of the agreed services the total price in cash.
Credit card payments on site are possible if this has been agreed with TourguideMe in individual cases. Accepted credit cards: EC-Girocard / Maestro / V Pay, VISA, AMEX or MasterCard.
Payments are due 7 days prior to the guided tour done by agreement on a preliminary bill. The guest and client shall be in default without warning if delinquencies are not balanced 7 days before the guided tour. The requirement of TourguideMe be subject to interest among entrepreneurs as principal at 8% above the base rate, with consumers with 5% percent. The right to claim further damages.
Success ends rest payments or payments not made when due on the agreed dates, so TourguideMe is entitled after reminder with a deadline to withdraw from the contract and to charge the guest or client costs in accordance with these conditions.
Payments in foreign currencies and by crossed check is not possible.
Cancellation and non-use of the services by the guest or client
In case of withdrawal or non-use of the services without cancellation of the claim of TourguideMe on payment of the agreed price including the charges for additional services remains.
Cancellation before the guided tour. The cancellation must be made in each case in writing. TourguideMe is free compensation claims for a lump sum as follows:
For cancellation up to 10 days before the guided tour free of charge, to 9 days before City Tour 50% of the agreed price, up to 3 days before the guided tour 100% of the agreed price.
A cancellation is always valid only with a written cancellation confirmation to the client.
Duties of the guest, or of the group authority
The guest or client are obliged to report any defects and malfunctions immediately TourguideMe or your representatives and demand redress. A notice of defect, which occurs only in relation to the service provider (eg, the bus company), is not sufficient. If no notification of the defect at fault, can be eliminated claims of the guest or client completely or partially.
The guest or the customer may cancel the contract only with substantial defects or disturbances. You have to first give TourguideMe under the defects a reasonable period to remedy, unless the remedy is impossible, is refused by TourguideMe or immediate termination of the guest by a special, recognizable by TourguideMe interest or principal objectively justified or these reasons the continuation of the contract is unacceptable.
A pets, large or bulky luggage is only in the event of an express related agreement permitted with TourguideMe.
TourguideMe may terminate the contract without notice if the guest TourguideMe despite a warning disturbs the course of the event sustainable or if it violates the contract to such an extent that immediate cancellation of the contract is justified. Announces TourguideMe, the provisions apply to the payment claim of TourguideMe in paragraph 8. accordingly.
The contractual liability of TourguideMe for damages other than personal injury is limited to three times the performance of the total price, as far as damage to the guest of TourguideMe is caused by gross negligence neither intentional nor or if TourguideMe for developing the guest damages solely because of an agent responsible is.
TourguideMe not responsible for disturbances in connection with services, the additional written on your performance for the guest / client are recognizable only arranged as external services (eg transportation, events, theater, boat trips, etc.).
Claims of the guest / client against TourguideMe from the agreement, regardless of the legal basis – but with the exception of the claims of the guest / client tort – expire after one year.
The limitation period begins at the end of the year in which the claim arose and the guest or client of circumstances giving rise to the claim and obtained TourguideMe as debtors knowledge or without gross negligence would.
Hover between the guest or the client negotiate claim, or the justifying the claim circumstances, the limitation is suspended until the guest or city guides denied the group entity or Berlin the continuation of the negotiations. The pre-recorded limitation period of one year at the earliest 3 months after the suspension ends.
Choice of Law and Jurisdiction
The contractual relationship between the guest or client and Berlin city tours only German law applies. The same applies to other legal relationships.
The guest or client can sue TourguideMe only at its headquarters.
For complaints of TourguideMe against the guest or client of the residence of the customer shall prevail. For complaints against guests or contractors, merchants, legal entities under public or private law or persons who have their residence / business or habitual residence abroad, or whose place of residence / place of business or habitual residence at the time the complaint is not is known, the place of jurisdiction is the seat of TourguideMe.