General Terms and Conditions (GTC)
af city tours
The following general terms and conditions govern the contractual relationship between the respective customer and af stadtführungen, owner: Angelika Franke (hereinafter referred to as the "provider"). By concluding the contract, the customer accepts these terms and conditions.
These Terms and Conditions apply to all services within the scope of ticket purchases for individual city tours, walking tours and sightseeing tours of any kind in the Free and Hanseatic City of Hamburg (hereinafter: "Event") for consumers, entrepreneurs and legal entities. The inclusion of contractual terms and conditions of the customer is expressly contradicted, unless the provider has agreed to their validity in writing.
Registration and conclusion of contract
- By registering for the event, which can be done verbally, in writing, by e-mail or via the Internet, the customer offers the provider the binding conclusion of a contract on the basis of the service description and these General Terms and Conditions.
- Registration on the internet takes place via the website https://af-stadtfuehrungen.de/. By clicking on the button "order subject to payment", the customer submits a binding registration. Before pressing this button, the customer can change the data at any time or cancel the order process altogether. Necessary details are marked with an asterisk (*). The provider then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the registration.
- The contract shall be concluded exclusively by confirmation on the part of the supplier ("order confirmation"). The order confirmation shall be made in writing or by e-mail.
- The client is requested to provide a mobile phone number at the time of booking or in good time before the agreed appointment, under which contact can be made, especially in the case of extraordinary events.
- The provider offers individual city tours, walking tours and sightseeing tours of all kinds in the Free and Hanseatic City of Hamburg. In addition, closed group tours are also offered, which can be commissioned individually by the customer at a special date, for example for company events, private occasions or school trips. All events can be held in German, English or Spanish, depending on the agreement.
- The scope of services shall generally result from the service description on the part of the provider as well as any additional agreements that may have been made. Ancillary agreements require written confirmation by the provider.
- The Provider reserves the right to make a minimum number of participants a condition for certain events or to provide for a minimum price.
- For pre-contractual services, an expense-dependent processing fee may be charged, which will be offset against the agreed price if the contract is concluded.
Terms of payment
- Payment of the participation fee is due immediately upon receipt of the invoice by post, e-mail or fax and must be paid without deduction at the latest at the start of the event. If the participation fee has not been paid by this time, the provider is entitled to prohibit participation in the event.
- The prices published on the website https://af-stadtfuehrungen.de/ at the time of booking shall apply, unless an individual agreement has been made between the contracting parties. All prices are inclusive of the applicable statutory value-added tax.
- Any entrance fees, parking fees, transport costs, catering costs are not included in the price and shall be paid directly on site by the client. Deviations from this regulation must be agreed in writing.
Withdrawal by the customer
- The customer may withdraw at any time before the start of the booked event. The date of receipt of the notice of withdrawal by the provider is decisive. The withdrawal must be made in writing. If the customer withdraws from the contract or does not participate in an agreed event without previously withdrawing from the contract, the provider may demand appropriate compensation. The provider may calculate the damage specifically or, at its discretion, assert a lump-sum claim for compensation in accordance with the conditions set out under § 5 para. 2.
- The withdrawal conditions are as follows:
- For individuals, the liquidated damages for cancellation less than 48 hours before the start of the event, or for no-show, is 95 % of the invoice amount.
- For commissioned group tours, the lump-sum compensation for cancellation within 14 days up to 72 hours before the start of the event is 50 % of the invoice amount. In the event of cancellation less than 72 hours before the start of the event or in the event of no-show, the flat-rate compensation is 95 % of the invoice amount.
- The customers have the possibility to concretely demonstrate a lesser damage.
Withdrawal by the supplier
- The provider reserves the right to withdraw from the contract in whole or in part if there is an objective reason for doing so. Such a withdrawal can also be made at short notice at the location of the event. An objective reason exists in particular in the following cases:
a) Force majeure
Events of force majeure, such as severe weather, storms, strikes, epidemics or the injury of a client during the event, entitle the provider to postpone or modify the event or parts thereof by the duration of the hindrance. If the event cannot be started due to force majeure, the total price of the event will be refunded or will not be due.
b) acute illness or non-appearance of the tour guide
In the event of illness or non-appearance of the tour guide, the provider will endeavour to provide an equivalent tour guide. Under certain circumstances, this may lead to a waiting period for the customer. If it is not possible to find a suitable replacement, the provider reserves the right to cancel the event. In this case, the total price of the event will be refunded in full or will not be due.
c) Misconduct by clients or participants
The provider as well as the tour guide may cancel an event or discontinue an event already in progress if
- a client or participant persistently disrupts the performance of the service notwithstanding a warning;
- a client or participant behaves in breach of contract or grossly negligently disregards safety instructions or other instructions of the provider or tour guide;
- a client or participant is not up to the programme requirements due to their own misjudgement;
- a client or participant is under the influence of alcohol or drugs.
- The provider also reserves the right to refuse an event booking without giving reasons. In this case, any event fees already paid will be refunded in full.
Late arrival of the client
- If the customer is late, the supplier or the tour guide will wait at the agreed meeting point for a maximum period of 15 minutes. If the client does not show up after that, the supplier or the tour guide is entitled to leave the meeting point and charge the agreed amount at 100 %.
- If the customer arrives late at the meeting point with notice, the tour will be shortened accordingly; the invoice amount for the event is due at 100% regardless.
- In the event of premature termination of the tour at the request of the client, the full invoice amount is due.
Subject to change
The provider is entitled to make necessary changes or deviations in terms of content, methodology and organisation (e.g. due to changes in the law or changes in local conditions) before or during the event, provided that these do not significantly change the benefit of the announced event for the customers and are reasonable in the interest of the provider for his customer. The provider is entitled to replace the intended tour guide or speaker in case of need (e.g. illness, accident) with other persons equally qualified with regard to the announced topic.
- The provider is liable for the conscientious preparation, the careful selection of the tour guides, and the proper provision of the contractually agreed services.
- Any further liability on the part of the provider is excluded insofar as the damage, which is not bodily injury, was not caused by the organiser either intentionally or through gross negligence. In the event of slight negligence, the organiser shall only be liable if an essential contractual obligation (cardinal obligation) is breached. In the event of slight negligence, the claim for damages against the provider shall always be limited to the foreseeable damage typical for the contract. Liability shall be limited to a total of € 50,000.00 for a case of damage caused by slight negligence on the part of the provider or one of his vicarious agents.
- The provider is not liable for services that are arranged as third-party services by other service providers (e.g. tours by other providers, visits to theatres, museums or exhibitions, train, bus or taxi rides, etc.).
- Furthermore, the provider is not liable for accidents and damages caused by third parties.
- In the case of guided tours for children and young people and school classes, neither the provider nor the tour guide assumes the duty of supervision without a separate written agreement. The accompanying staff must be provided by the customer. Liability is therefore excluded in this respect.
Duty to cooperate
The customer is obliged to cooperate in the event of any service disruptions, to avoid or minimise any possible damage and, in particular, to exercise due diligence. In particular, he/she is obliged to notify the provider without delay of any agreed but deficient or missing services.
Accessibility of local attractions
- The provider has no influence on admission times of local sights. The time stated in the order confirmation therefore only applies to the start of the tour. It does not guarantee admission to a sight at the time stated.
- Furthermore, the provider has no influence on the general accessibility of museums and public buildings, especially churches on Sundays and public holidays (e.g. closure due to church services, special events etc.).
- The law of the Federal Republic of Germany shall apply exclusively.
- The place of jurisdiction for all disputes is Hamburg.
- If individual provisions of these General Terms and Conditions are not legally effective or contain a loophole, this shall not affect the legal effectiveness of the remaining provisions.