The tour guide association is a business that operates all kinds of agencies in the tourism sector. The parties agree that the tour guide association arranges city tours, assistant services, travel services and special tours (geocaching, culinary tours, Christmas hikes, etc.) for independent tour guides. Services going beyond the brokerage service are not perceived by the tour guide association and are not owed either. In this respect, a tour guide contract is created between the client / customer and the tour guide. The tour guide himself has no relationship with the tour guide association regarding the type of execution of the tour.
1. Description of services
1.1 The commissioned tour, including any additional agreements made, is carried out by a certified tour guide.
1.2 Information and assurances from third parties about services of the tour guide that are not contractually agreed or those that contradict the description of services are not binding. Changes to essential contractual services, in particular those that become necessary after the contract has been concluded (e.g. timing), are permitted provided that the change is not significant and does not affect the overall layout of the tour. Any changes or additions must be made in writing. The change requests on the part of the client / customer are before the start of the tour
to be communicated in writing. If the client / customer requests changes that only occur after the tour has started, the tour guide will decide on feasibility.
2. Prices and payment method
2.1 Fees can be found in the offer or a separate list.
2.2 In the case of special tours and day programs for groups, the tour guide association charges an additional organization fee of € 150.00. This cannot be reclaimed even if the tour is canceled.
2.3 If a cash payment has been agreed between the tour guide association and the client / customer, the client / customer must hand over the tour fee and any entry fees and agreed expenses to the tour guide responsible before the tour begins. In this case, the tour guide issues the client / customer with a receipt for the receipt of the money.
2.4 The entry costs incurred for a guided tour are not included in the tour fee. These are to be handed over to the tour guide by the client / customer or his agent for all participants together in the local currency to be paid and in cash, unless an invoice has been agreed. Any entry receipts will be handed over to the client / customer.
3. Waiting time, failure
The tour guide is obliged to wait 30 minutes from the agreed time of the start of the tour for the group to appear in full. If a substantial part of the group has not appeared by the end of this time, the tour is deemed to have been canceled and the tour guide is entitled to 100% of the tour fee according to the agreed tour duration.
4. Changes in the event of late arrival
In the case of late arrival of the guests to be guided, the client / customer or his representative and the tour guide must verbally agree on site whether the tour will be shortened accordingly or, if the tour guide does not have to meet other obligations, whether the originally agreed duration of the tour will be adhered to. The tour fee is then calculated according to the period, which is composed of the waiting time and the actual duration of the tour.
5.1 The client / customer can withdraw from an ordered tour by informing the tour guide of the withdrawal in writing. If the withdrawal occurs at least two full working days before the agreed tour date, no tour fee is owed by the client / customer. Point 2.2 remains unaffected by this. If the withdrawal does not take place at least two full working days before the agreed tour date, a cancellation fee of 100% of the tour fee will be due according to the agreed tour duration.
5.2 If the cancellation is made in due form and in due time, there are no costs and no cancellation fee for the tour guide. Point 2.2 remains unaffected by this.
5.3 If the client / customer stays away on the day of the booked tour, regardless of the reasons, or does not take it for reasons for which the contractor is not responsible, the tour fee agreed in the contract must nonetheless be paid. In these cases there is no right of the client / customer to catch up on the tour at a later point in time.
5.4 If the tour is terminated prematurely at the request of the client / customer, the entire previously agreed tour fee must be paid. If the client / customer does not perform individual services after the start of the tour for reasons for which the contractor is not responsible, or not in full, he is not entitled to a proportionate reimbursement or reduction of the agreed tour fee.
5.5 The tour guide can withdraw from the tour if the fulfillment of the contract is endangered, impaired or impossible due to force majeure, in particular flood events. The tour guide can also cancel the tour without replacement under the same conditions. Compensation to the client / customer is expressly excluded in these cases.
6.1 The client / customer as well as the tour guide acknowledge that sights cannot be visited at certain times or that the course of the tour can be disrupted, for example by major events with road blocks. In such cases, the tour guide offers alternatives at his own discretion, unless the client / customer expresses specific, feasible requests.
6.2 The client / customer is obliged to contribute to the fulfillment of the agreed contract and to avoid possible damage or disruptions. In particular, the client / customer is obliged to inform the tour guide in good time before the start of the tour about specific features of the group that are relevant to the tour. Management-relevant peculiarities of the group are in particular any walking, visual or standing disabilities. If such a notice is not given or is only given at the beginning of the tour, the tour guide will not accept any liability for any necessary service restrictions.
6.3 Sound and image recordings by the tour guide as well as recordings and sound recordings of the tour content are only permitted after prior agreement with the tour guide in special cases and exclusively for private use.
6.4 Images and teaching material issued may not be reproduced in any way without the consent of the tour guide.
7. Meeting point, additional services
7.1 The meeting point of the tour is freely selectable for the client / customer in the Straubing city area.
7.2 In the case of excursions, the meeting point for the client / customer is also freely selectable. Any travel costs incurred must, however, be reimbursed to the tour guide by the client / customer in addition to the agreed tour fee. A separate agreement with the tour guide is necessary for this.
8. Group size
8.1 Geocaching tours may only be led by a tour guide up to a group size of 15 people (excluding tour guides). From 16 people the client / customer must order a second tour guide.
8.2. Normal guided tours may only be led by a tour guide up to a group size of 30 people (excluding tour guides). From 31 people the client / customer must order a second tour guide.
8.3 In the event that the limits set out in no. 8.1 and 8.2, the tour guide is entitled to refuse individual guests to participate in the tour at their own discretion. In the case of cathedral tours and combined city and cathedral tours, the tour guide is obliged to do so due to the mandatory use of headsets and the limited number of devices.
9. Special features of bus tours
For bus tours where the group arrives in their own bus, the client / customer must ensure that all tour guides involved have a seat with a seat belt and a functioning microphone system. If there is no possibility to fasten seat belts, the tour guide (s) is / are entitled to refuse to carry out the tour. If the microphone system is missing or damaged, no explanations can be given while driving. Regardless of this, the agreed one remains
Entitlement to a fee exist.
10.1 The tour guide’s liability is limited to the fulfillment of the agreed scope of services and is financially limited to the amount of the agreed tour fee. This limitation of liability does not apply to damages resulting from injury to life, limb or health, which are based on an intentional or grossly negligent breach of duty by the tour guide or his vicarious agents.
10.2 When minors participate, the tour guide does not assume any supervision. This remains with the parents, the legal representatives or the accompanying persons.
10.3 The tour guide association is liable to the customer for damages – regardless of the legal reason – only in the case of intent and gross negligence. Your legal representatives or vicarious agents as well as in the case of culpable breach of essential contractual obligations on compliance with which the customer could rely.
11. Statute of Limitations
11.1 Contractual claims of the client / customer against the tour guide from injury to life, limb or health, including contractual claims for compensation for pain and suffering, which refer to negligent breach of duty by the tour guide or an intentional or negligent breach of duty by his legal representatives or vicarious agents, expire after three years . This also applies to claims for compensation for other damages based on negligent breach of duty by the tour guide or an intentional or negligent breach of duty by his legal representatives or vicarious agents.
11.2 All other contractual claims expire after one year.
11.3 The limitation period begins at the end of the year in which the claim arose and the client / customer became aware of the circumstances giving rise to the claims or would have to gain knowledge without gross negligence.
12. Data protection
The client / customer agrees that the data made available for the processing of the agreed service also
can still be used by the tour guide for customer care. These data are not passed on to third parties in accordance with the Federal Data Protection Act.
13. Acknowledgment of the terms of the contract
The client / customer accepts these general terms and conditions by placing the order. If he does not become aware of these conditions until after the order has been placed, he recognizes them if he does not object in writing immediately after becoming aware of them. The burden of proof for the objection is borne by the client / customer.
14. Place of jurisdiction, choice of law
14.1 The place of jurisdiction for all disputes arising from or in connection with the tour guide contract is, as far as legally permissible, Straubing.
14.2 The parties agree, insofar as this is permissible, the applicability of German law.
15. Effectiveness of the general terms and conditions
The client / customer books exclusively on the basis of these “General Terms and Conditions of the Tour Guide Association”. Conditions of the client / customer that contradict or deviate from these general terms and conditions will not be recognized unless this is expressly agreed in writing prior to the conclusion of the contract. The tacit acceptance of bookings as well as payments by the tour guide do not imply agreement with conflicting conditions of the client / customer.
16. Entry into force
These terms and conditions are effective immediately.
17. Severability Clause
The ineffectiveness of individual provisions does not result in the ineffectiveness of the entire contract. In place of ineffective provisions, a provision comes in that comes closest to the interests of the parties. If this is not possible, the ineffective provisions will be replaced by the statutory provisions.
Halle, October 20, 2021