GENERAL TERMS AND CONDITIONS
DonauGuides is a trade that operates mediations in the tourist field of any kind. It is agreed between the parties that DonauGuides provides city tours, assistance services, travel services and special tours (geocaching, culinary tours, Christmas hikes, etc.) to independent tour guides. DonauGuides does not provide any services beyond the mediation service and is not liable for them. In this respect, a tour guide contract is created between the client/customer and the tour guide. The tour guide himself/herself does not have any instructional relationship with DonauGuides regarding the way the tour is carried out.
- Service description
The commissioned tour, including any additional arrangements made, will be conducted by a certified tour guide.
Information and assurances of third parties about services of the tour guide that are not contractually agreed or those that contradict the service description are not binding. Changes to essential contractual services, in particular those that become necessary after conclusion of the contract (e.g. time schedule) are permitted provided that the change is not significant and does not affect the overall nature of the tour. Any changes or additions must be made in writing. The change requests on the part of the client/customer must be communicated in writing before the start of the tour. In the case of requests for changes on the part of the client/customer, which occur only after the start of the tour, the tour guide will decide on the feasibility.
- Prices and method of payment
Fees are to be taken from the offer or a separate list.
For special tours and day programs for groups, DonauGuides charges an additional organization fee of at least € 150.00. This cannot be reclaimed even in case of cancellation of the tour.
If cash payment has been agreed between DonauGuides and the client/customer, the client/customer must hand over the guide fee as well as any entrance fees and agreed expenses to the responsible tour guide before the start of the tour. In this case, the tour guide will issue the client/customer a receipt for the receipt of the money.
The entrance fees incurred by a guest tour are not included in the tour fee. These are to be handed over to the tour guide by the client/customer or their representative 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 given to the client/customer.
- Waiting time, failure
The tour guide is obliged to wait 30 minutes from the agreed time of the start of the tour for the complete appearance of the group. If a significant part of the group has not appeared by the end of this time, the tour is considered cancelled and the tour guide has a claim against the client/customer in the amount of 100% of the tour fee corresponding to the agreed duration of the tour.
- Changes in case of late arrival
In the event of late arrival of the guests to be guided, the client/customer or their representative and the tour guide must agree verbally on site whether the tour will be shortened accordingly or, if the tour guide does not have to fulfill other obligations, whether the originally agreed duration of the tour will be adhered to. The guide’s fee is then calculated according to the time period, which consists of the waiting time and the actual duration of the guide.
The client/customer can withdraw from an ordered tour by notifying the tour guide of the withdrawal in text form. If the cancellation takes place at least two full working days before the agreed tour date, no tour fee is owed by the client/customer. Digit. 2.2 remains unaffected by this.
If the cancellation is not made at least 21 full working days before the agreed tour date, a cancellation fee in the amount of 100% of the tour fee corresponding to the agreed tour duration will be due.
If the cancellation is made in due form and time, there are no costs and no cancellation fee for the tour guide. Digit. 2.2 remains unaffected by this.
If the client/customer does not attend the booked guided tour on the day of the service, for whatever reason, or does not attend the tour for reasons for which the contractor is not responsible, the tour fee agreed in the contract must nevertheless be paid. In these cases, there is no right of the client/customer to make up the tour at a later date.
In the event of premature termination of the tour at the request of the client/customer, the full previously agreed tour fee must be paid. If the client/customer does not take advantage of individual services after the start of the guided tour or does not take advantage of them in full for reasons for which the contractor is not responsible, the client/customer shall not be entitled to a pro rata refund or reduction of the agreed guided tour fee.
The tour guide can withdraw from the ordered tour if the fulfillment of the contract is endangered, impaired or impossible due to force majeure, especially due to flood events. The tour guide can also cancel the tour without substitution under the same conditions. Compensation of the client/customer is expressly excluded for these cases.
The client/client as well as the tour guide take note that at certain times sights cannot be visited or the tour can be disturbed in its course, for example by major events with road closures. In such cases, the tour guide will offer alternatives at his discretion, unless the client/customer expresses specific feasible wishes.
The client/customer is obliged to cooperate in the fulfillment of the agreed contract and to avoid possible damages or disturbances. In particular, the client/customer is obliged to inform the tour guide in good time before the start of the tour of any special features of the group relevant to the tour. Leadership-relevant special features of the group are, in particular, any walking, seeing and standing disabilities. If such information is not provided or is provided only at the beginning of the tour, the tour guide assumes no liability for any necessary service restrictions.
Sound and image recordings of the tour guide as well as recordings and sound recording of the tour content are only permitted after prior consultation with the tour guide in special cases and exclusively for private use.
Issued visual and educational material may not be reproduced in any way without the consent of the tour guide.
- Meeting place, additional services
The meeting point of the guided tour is freely selectable for the client/customer in the city area of Passau.
In the case of excursions, the meeting point can also be freely chosen by the client/customer. However, any travel expenses incurred must be reimbursed to the tour guide by the client/customer in addition to the agreed tour fee. This requires a separate agreement with the tour guide.
- Group size
Normal guided tours may be led by a tour guide only up to a group size of 25 persons (excluding the tour guide). From 26 persons the client/customer must order a second guide.
In the event of exceeding the limits set forth in sec. 8.1 and 8.2, the tour guide is entitled to refuse participation in the tour to individual guests at his own discretion. For cathedral tours and for combined city and cathedral tours, the tour guide is required to do this due to the mandatory use of headsets and the limited number of devices.
- Special features of bus tours
In the case of bus tours where the group arrives in its own bus, the client/customer must ensure that a seat with a seat belt and a functioning microphone system are available for all participating tour guides. If there is no possibility to fasten the seat belt, the tour guide(s) is/are entitled to refuse the tour. If the microphone system is missing or damaged, no explanations can be given during the ride. Irrespective of this, the agreed fee claim shall remain in force.
The liability of the tour guide is limited to the fulfillment of the agreed scope of services and is financially limited to the amount of the agreed guide fee.
This limitation of liability in terms of amount does not apply to damages resulting from injury to life, body or health that are based on an intentional or grossly negligent breach of duty by the tour guide or his vicarious agents.
In case of participation of minors, the tour guide does not assume any responsibility for supervision. This remains with the parents, legal representatives or accompanying persons.
DonauGuides is liable to the customer for damages – regardless of the legal reason – only in case of intent and gross negligence. your legal representatives or vicarious agents as well as in the event of culpable breach of essential contractual obligations, compliance with which the customer was entitled to rely on.
Contractual claims of the client/client against the tour guide arising from injury to life, body or health, including contractual claims for compensation for pain and suffering, which are 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, are subject to a limitation period of three years. This also applies to claims for compensation for other damages that are 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.
All other contractual claims are subject to a limitation period of one year.
The limitation period shall commence at the end of the year in which the claim arose and the client/customer became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.
The client/customer agrees that the data provided for the processing of the agreed service will continue to be used by the tour guide for customer service. This data will not be passed on to third parties in accordance with the Federal Data Protection Act.
- Acceptance of the terms of the contract
The client/customer accepts these General Terms and Conditions when placing the order. If he only becomes aware of these conditions after the order has been placed, he shall accept them if he does not object in writing immediately after becoming aware of them. The client/customer shall bear the burden of proof for the objection.
- Place of jurisdiction, choice of law
The place of jurisdiction for all disputes arising from or in connection with the tour guide contract is Passau, as far as legally permissible.
The parties agree, to the extent permissible, on the applicability of German law.
- Effectiveness of the General Terms and Conditions
The client/customer books exclusively on the basis of these “General Terms and Conditions DonauGuides “. Any terms and conditions of the Client/Customer that conflict with or deviate from these General Terms and Conditions shall not be recognized unless expressly agreed to 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 any agreement with conflicting conditions of the client/customer.
- Entry into force
These terms and conditions are effective immediately.
- Severability clause
The invalidity of individual provisions shall not result in the invalidity of the entire contract. Invalid provisions shall be replaced by a provision that comes closest to the interests of the parties. Should this not be possible, the invalid provisions shall be replaced by the statutory provisions.
Passau, March 1, 2019