Conditions
Terms and Conditions (GTC) Dear guests, participants or clients of the SDS guided tours Sascha Seubert, please read these terms and conditions (GTC) always before booking: When booking these apply to the service contract between you as a "guest" or "participant" or Client and the "tour guide" (abbreviated to "GF" in the following, of course, all sexes are addressed) or SDS guided tours Sascha Seubert. 1. Distinction between open and closed guided tours of the city a) Open guided tours of the city: regular guided tours Individuals or smaller private groups can pre-book their participation as guests in the case of open tours. The GF reserves the right to make bookings to other guests at any time prior to the beginning of a tour (eg on-site at the meeting point of a tour). The GC can limit the total number of guests per tour. b) Closed City Guided Tours: Individually Bookable Order Guides The execution of order tours for closed, exclusive private groups or commercial clients takes place only after a binding booking and the order confirmation by SDS Guided Tours Sascha Seubert. The clients, eg companies or institutions, are hereby (including all payment obligations) as the sole client and contract partner of SDS guided tours Sascha Seubert. An exception exists only if the client identifies himself as the legal representative for others.2. Conclusion of Contract Upon conclusion of contract by verbal, written, telephone booking and booking by e-mail or fax, the acceptance of the terms and conditions by the guest or the participants or clients and the following applies: The guest or client offers as a result of the booking on one of the previously mentioned booking types binding the conclusion of a service contract. This is based on the service description of the respective city tour and comes about through the booking confirmation. For open city or rotation tours, it does not require a specific form. For a closed city tour, the booking confirmation, except for particularly short-term booking in exceptional cases, in written form, for example by e-mail or fax. The legal validity of the service contract by binding telephone booking remains unaffected by the actual receipt of the written booking confirmation, as well as eg advance payment. In the case of an online booking (eg by means of a booking button), the guest or client also offers bindingly the conclusion of a service contract for the above conditions (GTC) based on the service description of the respective city tour. Due to the freedom of decision of the GF or SDS city guide Sascha Seubert on the acceptance of the service contract offer by the guest or client resulting from the transmission of a contract offer no claims to a conclusion of the service contract with the GF or SDS city guide Sascha Seubert according to its booking details. Only the confirmation of the booking (which does not require a specific form) as the express acceptance by the GF or SDS guided tours Sascha Seubert and their access to the guest or client let the service contract come about. Any additional agreements always require the font and must be confirmed by the GF or SDS city guides Sascha Seubert. 3. Right of Withdrawal / Non-Claiming of Services According to §312g para. 2 sentence 1 no. 9BGB apply for contracts concluded by distance travel contracts as service contracts in connection with leisure activities instead of a right of withdrawal, the statutory provisions regarding non-use of services in accordance with §611f., 615BGB.Bei non-use, there is no right to a refund of payments already made. For agreed remuneration, the statutory provisions in accordance with §615, S. 1f. BGB. For all contracts outside of business premises and not at a distance the right of objection applies, except the oral contract negotiations are based on previous order of the consumer. 4. Implementation / Performance Guide (GF) Unless otherwise agreed, the execution of a city tour is not bound to a specific GF. If a certain GF has been agreed, replacement of it by another GF suitable for suitability or qualification is always reserved in case of compulsory prevention. In the event that the GF can not provide the contractually agreed service for reasons that were not known at the time of the conclusion of the contract, the GF or SDS Guided Tours Sascha Seubert commits himself to another GF fully suitable for the agreed tour of the city order and in case of order (if in the individual case for the specific implementation possibly of concern) also the client in time to inform. Additional agreements / special requests Basically, applies to the implementation and performance: side agreements and special requests are only effective if they already Beginning of the tour were agreed in writing. The guest or client will be informed in advance of any relevant information for the respective city guide, such as the date, time, exact venue, type of service, as well as price and payment. Unforeseeable changes Unforeseen changes in performance or performance may be necessitated by external factors (eg special traffic situations, weather conditions or other exceptional circumstances). For the GF or SDS guided tours Sascha Seubert expressly not be responsible.UmbuchungEs exist in all guest management contracts no legal or contractual claims to a rebooking on the part of the guests or the client. Rebooking is therefore only possible if SDS city guide Sascha Seubert agrees to the written.Wetterbedingungen If not explicitly agreed otherwise in the individual case, the previously agreed city tours are carried out in any weather. In this respect, the weather conditions are no basis for a free resignation or termination of the service contract, unless they jeopardize the physical or health integrity or the property of the guest or the participants of the client (objective unreasonableness of performance or performance). In the case of an objective unacceptability before or directly at the start of the implementation due to the weather conditions, a proper or extraordinary cancellation of the service contract for the city tour of the guest or client, and the GF or SDS guided tours Sascha Seubert reserved. In this case, there are no claims for reimbursement of costs on the part of guest or client against the GF or SDS city guides Sascha Seubert (as far as the contractual or legal claims do not oppose). The decision on a free substitute participation of the guest or the participants in another city tour remains the GF or SDS guided tours in each case unaffected. Group Size / Quality Assurance In order to ensure that the high quality standards underlying the guided tours offered here, or a guide that is optimally understandable for each guest or participant, it remains up to the SDS Guided Tours Sascha Seubert to individually limit the size of a city tour. The decision on the actual execution of an open or rotation is, depending on the achievement of a minimum number of participants of 5 persons, the GF or SDS guided tours Sascha Seubert always reserved (see also point 6. a) of the terms and conditions: termination in case of failure to reach minimum number tendered Participants). Complaints / Warranty Complaints regarding the management or agreed services must be promptly given to the GF with the request for redress, so that they can be taken into account directly. Otherwise, any claims of the guest or client that could result from any defects or a supposed incompleteness of the performance of the GF. If any objection is not made by the end of a tour, any claims of the guest or client, which may arise from any defects or alleged incompleteness of the performance of the GF, can no longer be asserted. Unforeseeable impediments Implementation / replacement date Should be extreme exceptions (eg unpredictable illness, an unforeseeable accident on the way to the agreed meeting point, etc.) or force majeure make this impossible, there is expressly the right to cancel a tour completely: The price already paid for this tour will in this case reimbursed. Further claims for compensation do not exist. If desired by the guest or the client, of course, a suitable alternative date for all parties can be agreed on, where the leadership then be performed or made up for replacement. Rules of conductWe want to ensure that all leaders or participants as possible enjoy pleasant and trouble-free city tour. Serious misconduct (eg insulting, screaming, heavily intoxicated state, the consumption of illegal drugs, etc.) or repeated disruption (eg by a permanent, the implementation massively obstructive behavior) by guests or participants of a leadership entitled the GF or SDS City tours Sascha Seubert therefore invariably to an immediate exclusion, both directly before the beginning of leadership, as well as during an already ongoing leadership, especially if this behavior is not stopped despite admonishment or complaint by the GF. In the event of exclusion from a tour of the GF or SDS guided tours Sascha Seubert all affected guests or participants have no claims for reimbursement of the price already paid or other reimbursement or compensation claims of any kind. This is expressly agreed. The GF or SDS Guided Tours Sascha Seubert reserves, in addition to all other legally possible measures, in this case, in addition, the right to claim reasonable compensation against guests or participants excluded for the above reasons. Delays Basically all guests or participants of a tour have to take care of their own responsibility to be at the agreed meeting point in time before the agreed beginning of the tour, so that the tour can be conducted as planned. It is recommended, if possible, to arrive at least 15 minutes before the start of the tour, in order to be able to clarify possible concerns in advance, before the tour begins. This also has to do with consideration for the other guests or participants of the tour, so that we as a leading group can start together punctually. Open tours (rotation tours): Even in the event that guests without their own fault are prevented or prevented from arriving at the announced meeting point in time for the previously announced start of the tour, the tour will take place as scheduled. Basically, a waiting time of no more than 10 minutes after the start of the guided tour at the meeting point is possible only in exceptional cases before the tour begins. In case of delay of a guest, the entitlement to a complete provision of services ceases to exist. However, if the performance by mutual agreement is still completed in time, the GF will be entitled to claim a percentage increase in the price over the time over the original agreed lead time. If the GF is late, the guest has the right to full service provision. If this is no longer feasible due to time constraints, the guest may claim the percentage reduction of the price paid for the tour of the lost time of service. Closed tours (order tours): The participants or clients have the obligation to inform the GF about a delay and their foreseeable duration before the agreed start of the tour as quickly as possible and also directly. For this purpose, the mobile phone numbers of GF and the client or correspondingly authorized persons must be notified in good time before the beginning of a tour or be exchanged with each other. The GF will wait for the arrival of the participants if there is immediate notification of a delay up to a maximum of 30 minutes after the agreed start of the meeting at the agreed meeting point: however, if no notification is given for at most 15 minutes. In the case of delay of the guests or participants, the claim to complete service provision ceases to apply. However, if the performance by mutual agreement is still completed in time, the GF will be entitled to claim a percentage increase in the price over the time over the original agreed lead time. In principle, the agreed times of the tour (especially the beginning) are to be considered: Punctuality is to be provided sufficiently in advance. Meeting participants despite the notification of their delay even after more than 30 minutes after the agreed start of leadership at the agreed meeting point, the GF or SDS city guide Sascha Seubert is entitled to the full payment of the tour of the city by the client even without a performance by the GF : The GF can then cancel the leadership. Meeting participants without notification of their delay even after more than 15 minutes after the agreed start of leadership at the agreed meeting point, is a claim by GF or SDS city guide Sascha Seubert on full payment of city tour by the client even without a performance by the GF: The GF can then cancel the leadership. Delay of the tour guide (GF) If the GF is late, the participants or the client have the right to complete service provision. If this is no longer feasible or feasible due to lack of time, the guests, participants or the client may claim the percentage reduction of the price paid for the tour. 5. Payment / Prices Prepayment; Exception Payment after provision of services For all tours, prepayment by the guest of open tours (rotation tours) as well as by the participants or the client in the case of order management is generally agreed. If, in individual or exceptional cases, payment has been agreed in writing after performance of the service, the authorization for immediate invoicing with immediate due date for orders or, in the event of rotation, the right to immediately pay the amount in cash for the GF or SDS Guided Tours Sascha Seubert cash. All prices include VAT and are only valid at the time of ordering or booking: The currency is the Euro. There is no disclosure of their data, these are only for booking or payment. Open tours (turn-guided tours): Either an online payment, eg via Stripe or PayPal, can be made via this homepage (corresponding button) in advance (all major credit and debit cards accepted). Alternatively, the management fee must be paid in good time before the beginning of the tour at the agreed meeting point directly to the GF in cash. The issuing of a receipt is also possible at the meeting point, as long as it concerns a smaller group size. Vouchers can also be invoiced for which the bill's due date by e-mail with the corresponding payment or bank details on receipt of the same applies to you. Closed tours (order tours): SDS Guided Tours Sascha Seubert is entitled after the order confirmation, ie the receipt of the booking confirmation from the client (thus the conclusion of the contract), a down payment of 30% of the total agreed price for the order and no later than three weeks to settle the remaining amount for payment by invoice before the agreed management appointment (unless otherwise agreed). The down payment to be paid is due immediately upon receipt of the invoice by the customer and is not interest-bearing. However, if the time of the order confirmation is less than three weeks before the agreed management date, the payment of the total price for the agreed order management with the invoice receipt is due immediately. Sascha Seubert is expressly entitled to immediately rescind the service contract in the event that agreed payments are made even after a warning with appropriate deadline not in the agreed period of payment due date and no contractual or statutory right to set off or retention consists. In addition, the guest or client may be charged cancellation fees in this case. 6. Cancellation (Cancellation) a) Open tours (rotation tours): In principle, the right to a cancellation or a cancellation / cancellation on the part of the guest is not applicable for open tours (rotation tours). SDS Guided Tours Sascha Seubert reserves the right to check here in each individual case, whether a termination can be approved or which grace arrangements can be applied specifically. If necessary, you can also take out travel cancellation insurance on your own responsibility, to which reference is made. Failure to reach a minimum number of participants If an advertised minimum number of participants should not be achieved, Sascha Seubert, the GF or SDS Guided Tours may cancel the service contract for the implementation of an open leadership (rotation). In this case, the guests will be informed as soon as possible, as soon as it is clear that the leadership is not taking place. It is then possible to participate in another, alternative appointment or, if desired, the (possibly) already paid price refunded immediately. In addition, other reimbursements such as travel costs, hotel or accommodation costs, etc. are expressly excluded. On the possibility, if necessary on own responsibility to consider a conclusion of a cancellation insurance, which is not included in the price for the guide, is explicitly referred to here again. b) Closed tours (order management): The client can terminate the service contract in writing up to 14 days before the agreed start of service provision. If the client cancels up to 7 days before the agreed start of service provision, SDS Stadtführungen Sascha Seubert reserves the right to charge a compensation fee of 15% of the agreed total price of the agreed tour with immediate payment due date. In addition, all direct costs incurred up to that point must be replaced in full and, if not otherwise agreed, the lost profit. After the 7th day, a withdrawal or a termination by the client entails the obligation to pay for the complete, agreed total price of the tour. In the event of non-use of the agreed service (ie in the event of non-commencement of a tour), this also applies. Statutory termination rights and statutory warranty claims remain unaffected. The client is therefore advised to self-responsibly complete a travel cancellation insurance if necessary. After the start of the leadership, the participants or the client can only terminate in the event that, despite a prompt complaint of significant, so de facto serious deficiencies in the performance of the respective GF this would not be turned off in the course of further leadership, at least as far as possible. Unjustified abortions or unfair dismissals do not give rise to any claims for reimbursement: Unless these are the warranty claims in case of inadequate performance. Force majeure In the event that the performance of the agreed service becomes impossible as a result of unforeseeable force majeure or as a result of very serious difficulties or limitations, objectively speaking, the client can terminate the service contract. In this case, the GF or SDS tours Sascha Seubert is entitled to be adequately compensated by the client for all services already provided. Termination by SDS Guided Tours Sascha Seubert SDS Guided Tours Sascha Seubert is entitled to resignation or termination if extreme exceptional cases (eg, unpredictable illness, an unpredictable accident on the way to the agreed meeting place, etc.) or force majeure (eg sudden severe weather , Natural events, unpredictable road closures or security warnings by the police, other regulatory security concerns, etc.) make the implementation impossible or as a result, for example, no replacement for a failed GF more can be found soon. Similarly, a serious misconduct (eg insults, screaming, heavily alcoholized state, consumption of illegal drugs, etc.) or repeated disruption (permanent, hindering the conduct) by guests or participants of a leadership expressly to an immediate resignation or immediate termination On the part of the GF or SDS city tours Sascha Seubert entitled, in particular, if this behavior despite admonishment or complaint by the GF is not stopped immediately. This also applies if the direct safety of the guests or participants or of the GF can not be guaranteed by the conduct or actions of third parties, especially during the tour, or if the guests or participants or the GF are thereby endangered are. In these cases, an exemption of GF or SDS guided tours Sascha Seubert from all obligations and liability to the guest, participants or clients amounts to a maximum of the price of the tour, as well as the fulfillment of the agreed performance. Further claims for compensation do not exist. 7. Third party services If services of other persons or companies are booked on behalf of the guest, the participant or the client by the GF or SDS Guided Tours Sascha Seubert, the GTC of the commissioned service provider will automatically become part of the contract between GF resp SDS Guided Tours Sascha Seubert and guest, participants and clients. The GF or SDS Guided Tours Sascha Seubert is not in the obligation to report on the services provided by third parties on behalf of the guest, the participant or the client or the commissioned by the GF or SDS guided tours Sascha Seubert persons. To the extent permitted by law, the contracting guest, participant or client expressly indemnifies the GF or SDS Guided Tours Sascha Seubert regarding the booked services of third parties when placing orders. Disposition of Third Party ServicesOnce the GF or SDS Guided Tours Sascha Seubert acts as a mediator of third party services, Thus, a direct contract is concluded between the guest, the participant or client and the service provider brokered by GF or SDS guided tours Sascha Seubert.8. Liability of the GF or SDS guided tours Sascha Seubert is not liable for damages that have not been caused as a result of culpable, ie a grossly negligent or intentional, breach of duty or the GF or SDS guided tours Sascha Seubert is not responsible for their own body and. Property damage of guests or of participants of a tour. The liability for the loss of brought objects is excluded. Within the scope of legal admissibility, liability for negligent breach of duty is excluded. This also applies to liability for tortious acts. If or to the extent that children or young people take part in a guided tour, the GF or SDS guided city tour Sascha Seubert does not assume any duty of supervision or liability. A limitation of liability per guest or participant to the respective amount of the respectively already paid price (maximum height amount in euro) for the guidance, as well as the fulfillment of the agreed achievement, is expressly agreed. The use of a service by SDS Guided Tours Sascha Seubert takes place on the part of a principal at his own risk. For a client, liability for claims arising from pre-contractual or contractual claims for damages shall be deemed to be limited to three times the respectively agreed price for the respective order management insofar as no grossly negligent or intentional fault exists. Within the scope of legal admissibility, liability for negligent breach of duty is excluded. This also applies to liability for tortious acts. It is expressly pointed out in the framework of the self-responsibility or obligation to cooperate, that every single guest, participant or client is under the permanent obligation to do everything in their power, which prevent or mitigate all sorts of bodily or material damage in all conceivable discretion can, as well as refrain from anything which can bring about possible harm, favor or even increase. 9. Alternative dispute resolution If a supposedly improper performance of contractual services is cause for the guest, participant or client asserting claims, then it is the highest goal of the GF or of SDS guided tours Sascha Seubert quickly and with all due grace to ensure a satisfactory solution or completion. The European Commission's platform for online dispute resolution is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, where, according to Art. 14 para 1 ODR-VO. Likewise, due to legal provision, it is pointed out that Sascha Seubert is not involved as an intermediary in an institution or body with the objective of out-of-court settlement of disputes or out-of-court arbitration of the GF or SDS guided tours. 10. Choice of law / place of performance / place of jurisdiction Exclusive validity of German law shall be deemed agreed. The place of performance is the place of the tour guide and thus the place of jurisdiction. 11. Severability clause Should one or more clauses be ineffective, the other clauses will not be affected. The purchaser or the client of a guest or city tour recognizes these conditions with placing of order.
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