The mediating agency is a trade that operates mediations in the tourist sector of any kind. There is agreement between the parties to the effect that the mediating agency arranges city tours, assistant services, travel services and special tours (including geocaching, culinary tours, Christmas hikes) to independent tour guides / tourist guides. The mediating agency does not provide any services beyond the mediation service and is not liable for them. In this respect, the tour guide is free in his performance and is in no instruction relationship to the mediating agency regarding the type of execution.
1. performance description
The tour guide / tourist guide carries out all tours in accordance with the order and the additional agreements made on his own responsibility and independently. The tour guide / tourist guide must adhere to the general conditions of the order, but is free in the specific design of the tour, unless otherwise expressly agreed.
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 case of change requests on the part of the client/customer, which occur only after the start of the tour, the tour guide / tourist guide decides on the feasibility.
2. prices and method of payment
Fees are to be taken from a separate list.
Insofar as deviating from sec. 2.1 another fee has been agreed with the tour guide / tourist guide, the individual agreement shall take precedence.
If cash payment has been agreed between the mediating agency and the client/customer, the tour guide must accept the guide fee as well as any entrance fees and agreed expenses from the client/customer. In the case of cash payment, the tour guide / tourist guide will also 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. They are to be handed over to the tour guide / tourist guide by the client / customer or his representative for all participants together in the local currency to be paid and in cash. The tour guide / tourist guide is responsible for ensuring that the money owed to him by the clients / customers or their representatives is paid. The tour guide / tourist guide pays the entrance fees on site in the name and for the account of the client / customer. Any entry receipts will be given to the client/customer.
3. waiting time, failure
The tour guide is obliged to wait for the complete appearance of the group. If the group does not appear or does not appear completely at the agreed meeting point, the tour guide / guide has to contact the arranging agency and consult. If nothing else is agreed in this conversation, the tour guide / tourist guide has to wait for the appearance or complete appearance of the group.
4. 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 / tourist guide must agree verbally on site whether the tour will be shortened accordingly or, if the tour guide / tourist 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 tour guide is obliged to inform the agency immediately of the late arrival of the guests to be guided.
The client/customer can withdraw from an ordered tour by notifying the tour guide/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. If the cancellation does not take place at least two 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.
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 / tourist guide can withdraw from the ordered tour if the fulfillment of the contract is endangered, impaired or impossible due to force majeure, in particular due to flood events. The tour guide / tour leader can also cancel the tour without substitution under the same conditions. Compensation of the client/customer is expressly excluded for these cases.
The tour guide / tour leader may further cancel a tour.
More than 7 days before the tour, the guide / tour leader can return the tour at any time. The return shall be made to the agency of the procuring agency in writing.
Within days and more than 24 hours, the tour guide / guide can return his tour. He is then obliged to appoint a substitute guide / tour guide who will lead the tour for her and who has the qualifications required for the tour. If the tour guide does not propose a replacement and the mediating agency is therefore looking for a replacement, the tour guide will be charged a fee of € 50.00 due to the additional effort of the mediating agency.
Less than 24 hours before the tour, the guide / tour leader can return his tour if he can name a replacement guide / tour leader who will lead the tour for her and who has the qualifications required for the tour. If the tour guide does not propose a substitute and the mediating agency therefore looks for a substitute, the tour guide will be charged a fee of € 50.00 due to the additional effort of the mediating agency. If the mediating agency does not find a replacement, the tour guide / tour guide will be charged the fee of the tour.
The client/customer as well as the tour guide / tourist guide take note of the fact 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 / tourist guide offers 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 / tourist guide in good time before the start of the tour of any tour-related peculiarities of the group. 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.
7. meeting point, additional services
The meeting point of the tour is freely selectable for the client/customer in the respective city area of the local tour guide / tourist guide.
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 / tourist guide by the client / customer in addition to the agreed guide fee. For this purpose, a separate agreement with the tour guide / guide is necessary.
8. 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, which are based on an intentional or grossly negligent breach of duty by the tour guide / tourist guide or his vicarious agents.
In the case of participation of minors, no supervisory responsibility is assumed by the tour guide / tourist guide. This remains with the parents, legal representatives or accompanying persons.
The tour guide / tourist guide undertakes to take out professional liability and financial loss insurance through the Federal Association of Tour Guides / Tourist Guides Germany (BVGD) or through membership of an equivalent association or to take out his own professional liability and financial loss insurance. The tour guide / tourist guide is obligated to provide proof of the conclusion of professional liability and financial loss insurance upon request by the mediating agency.
The guide / tour guide undertakes to comply with the current official sanitary and labor regulations for epidemics, diseases and especially Covid-19. Furthermore, the tour guide / tourist guide undertakes to comply with separate regulations of the client / customer and not to apply for orders that he can not perform due to the regulations. If, as the case may be, after the assignment of the orders to the tour guide / tourist guide, there is a change in the official regulations or the regulations of the client / customer, which the tour guide / tourist guide cannot comply with, the tour guide / tourist guide is obliged to cancel these orders on his own initiative, taking into account point 5.6,
Should the tour guide / tourist guide show symptoms of illness that indicate a Covid-19 disease, he is obliged to report this immediately to the mediating agency. Should the tour guide / tourist guide not be able to carry out the tour as a result, the cancellation regulations stipulated under point 5.6 shall apply.
10. statute of limitations
Contractual claims of the tour guide against the mediating agency are subject to a limitation period of one year.
The limitation period begins at the end of the year in which the claim arose and the tour guide becomes aware of the circumstances giving rise to the claim or should have become aware without gross negligence.
11. data protection
The tour guide / tourist guide agrees that the data provided for the processing of the agreed service to the client / customer. This data will not be passed on to third parties in accordance with the Federal Data Protection Act.
12. acceptance of the terms of the contract
The tour guide / tourist guide accepts the general terms and conditions with the application for a tour.
13 Jurisdiction, Choice of Law
The place of jurisdiction for all disputes arising from or in connection with the guest guide / tourist guide contract is Passau, as far as legally permissible.
The parties agree on the applicability of German law.
14. effectiveness of the general terms and conditions
The tour guide / tourist guide recognizes the effectiveness of the general terms and conditions, conflicting or deviating from these general terms and conditions of the manager are not recognized, unless the client / customer expressly agrees to their validity in writing before the conclusion of the contract.
15. entry into force
These terms and conditions are effective immediately.
16. 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.
Version of the General Terms and Conditions dated March 24, 2022.