In the following terms and conditions, the commissioner is the person ordering the tour and the supplier is the tour guide, Birgit Messerschmidt.
(1) Description of services
The supplier offers guided tours in the cities of Erfurt and Arnstadt and the surrounding region. The entire scope of tours is described on the website of the supplier:
www.bmHistory.de. The description of the respective contents, location and/or route as well as the duration and the fee are the contents of the contract between the commissioner and the supplier.
(2) Effective date of the General Terms and Conditions
The commissioner accepts these General Terms and Conditions when the order is placed.
The commissioner books exclusively on the basis of the General Terms and Conditions of the contractor. Contradictory terms or those that differ from the General Terms and Conditions of the contractor will not be recognized by the supplier unless she has expressly agreed to them in writing. The acceptance of bookings and payments by the supplier does not imply her agreement with contradictory terms and conditions of the commissioner.
(3) Revision, Supplementation, Additional Agreements about Services
The type and amount of the contractual services are described in the order confirmation. Changes, supplements or additional agreements must be fixed in writing.
The supplier expressly reserves the right to declare a change in services if there are unavoidable reasons to do so. The commissioner will be informed as soon as possible. The agreed service fee will not be affected by that change. The indication of the duration of a tour is an estimate based on the experience of the supplier. Depending on the size and qualities of the group this duration may vary. The commissioner is obliged to plan accordingly, e.g. in the scheduling of subsequent programs.
(4) Special cases in regard to entrance to property
In spite of the most careful preparation, it can occur that a tour in one of the places included in the description is suddenly not possible due to unforeseeable use by the owner or by third parties, even though entrance has been confirmed in advance. The necessary alterations of the tour are not subject to warranty claim and have no effect on the service fee agreed upon.
(5) Group size
The tours are conceived for a group of 20 participants. If the group is larger, a special agreement is required.
(6) Fee
The fee for a tour depends on the duration, group size and theme. The service descriptions and respective fees described on the website are relevant.
If a different fee has been agreed in writing, this fee overrides the fee published on the website according to § 305 b BGB (priority of individual agreements over the General Terms and Conditions).
The listed fees apply to continuous tours without breaks.
These fees do not include VAT, because the supplier qualifies as a small entrepreneur according to German tax law (§ 19 UStG).
If the supplier agrees to plan and organize a customized tour for the commissioner, the supplier may request pre-payment of 25% of the total fee, payable when the contract is signed.
(7) Payment
If not agreed otherwise in writing, full payment is to be made in cash on the day of the service, in euros, directly to the supplier.
If a receipt according to § 368 BGB is required, the commissioner is requested to inform the supplier in advance. If additional services are negotiated with the supplier during the tour, then these must be paid in addition, immediately and in cash.
(8) Entrance fees
Any applicable entrance fees are to be paid by the commissioner himself at the respective cash desk and will not be temporarily loaned by the supplier.
(9) Waiting period for supplier
Any delays by the commissioner are to be communicated to the supplier by cell phone as soon as possible.
The supplier will wait 30 minutes at the agreed meeting point for the commissioner’s complete group to arrive. If delays on the part of the commissioner cause a reduction in the booked duration of the tour, the fee is still due in full.
In the case of delay by the commissioner, he receives neither the right to an extension of the tour nor a reduction of the tour fee. The waiting time will be included in the agreed duration of the tour. If both commissioner and supplier agree to extend the duration of the tour, then that extension will be charged at the rate of 30.00 euros additional fee per 30 minutes.
If the delay is 40 minutes or more, then the supplier can withdraw from the contract. In this case, however, the supplier retains the right to claim her fee.
(10) Cancellation by the supplier
If the supplier must send another tour guide as a substitute for the tour for unavoidable reasons, the supplier will inform the commissioner. His right to cancel the contract is defined in § 309 Nr. 10 letter b BGB.
If the fulfillment of the contract is endangered, restricted or made impossible by force majeure, the supplier may withdraw the agreed service or discontinue it without replacement. The commissioner will receive no compensation whatsoever.
(11) Cancellation by the commissioner
Contract cancellation must take place in writing.
In the case of cancellation by the commissioner, the following costs will be invoiced:
Up until 28 days before the service begins free of charge, 27 to 15 days before the service begins 30 % of the agreed fee, beginning with the 14th day before the service begins, the agreed fee will be invoiced in full.
The supplier reserves the right to invoice the costs of services already performed in the planning and organization of a customized tour (see no. 6).
If the commissioner does not show on the date on which the service was booked, or elects not to use the contracted service for reasons that the supplier cannot influence, then the agreed fee stated in the contract will be invoiced. This does not mean that the commissioner has a right to receive the tour at a later time.
If the commissioner requests that the tour end before the agreed duration, the fee is nevertheless due in full.
If after the tour has begun the commissioner does not use individual services that have been agreed, or does not use them to the extent agreed, for reasons beyond the influence of the supplier, then he has no right to a refund or a reduction of the agreed fee.
(12) Copyright and other rights of the supplier
Photographs and videos of the supplier may only be used for private purposes. No publication of any kind, in particular on the Internet, is allowed. The commissioner will inform all participants of the tour before the tour. Exceptions require the written permission of the supplier in advance.
Visuals and educational material distributed during the tour may not be copied in any form without the written permission of the supplier.
(13) Commissioner’s obligation to cooperate
The commissioner is obligated to cooperate in the fulfillment of the contract and to avoid any potential damages or disturbances.
In particular, the commissioner is obliged to inform the supplier before the contract is signed about any special needs within the group (i.e. mobility and standing issues, age group, etc.). If these instructions are not given in advance but rather at the beginning of the tour, then the supplier cannot assume any liability for a reduction of the agreed services if these become necessary.
If the commissioner does not personally participate in the tour, he must name one person by the time the contract is closed at the latest, who will be present and who will be authorized to make and accept decisions for and against the commissioner in his absence.
Any complaints must be communicated to the supplier immediately. Any claims for non- or insufficient delivery in regard to the agreement must be presented to the supplier in writing within 14 days after the contractually agreed end of the service. Commissioner’s claims expire by limitation after six months, beginning with the end of the agreed service.
(14) Liability
The liability of the supplier is limited to the fulfillment of the agreed scope of services and is financially limited to the agreed tour fee. This limited liability does not apply to damages resulting from damage to life, body or health resulting from a premeditated or grossly negligent neglect of duty on the part of the supplier or her representative or assistant.
The supplier is a member of the Verein der Gästeführer Erfurt e.V., which provides professional liability insurance as well as financial loss insurance for its members in cooperation with the Bundesveraband der Gästeführer in Deutschland e. V. Detailed information is available at: www.bvgd.org .
No supervision responsibility for minors will be assumed. This responsibility remains that of the parents, legal guardians or accompanying persons, who are obliged to take part in the tour themselves for this reason. Especially in the city of Erfurt, extra caution is necessary because of the trams.
(15) Applicable Law
As far as it is not agreed otherwise in these General Terms and Conditions and has not been agreed in writing between the commissioner and the supplier, this contractual agreement is exclusively under the jurisdiction of German law.
(16) Place of Jurisdiction
Erfurt is the place of jurisdiction.
(17) Severability Clause
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
In this case statutory regulations take the place of the unenforceable terms and conditions.