General terms and conditions
The following terms and conditions apply to the different business areas of the Tourist Information Friedrichshafen.
Terms and conditions accomodation bookings
The following information is provided as a service for our English speaking guests, in order to assist in understanding of the terms of contract and its legal grounds, in the case of bookings being made, as stated below. However, please take into account that this translation is for services only and that only the German version is valid and has the binding official wording. The following terms and conditions are subject to the bookings which have been arranged between the guest and the accommodation provider- hereafter referred to as "host" (hotels, guest houses, inns and bed & breakfasts, private rooms and holiday apartments). The terms of contract are according to the German Civil Code BGB. Please read these terms and conditions carefully.
- All Positions via the Tourist-Information Friedrichshafen (TI-FN) are made subject to these terms and conditions.
- For all conclusion of contracts the following applies:
a) The TI-FN is the operator of the respective websites or publisher of corresponding host directories, catalogues, flyers or other print media and online presence, as far as it is explicitly designated as the publisher / operator.
b) To the extent that the TI-FN arranges a combination of accommodation and own services of the hosts (e.g.: accommodation and food) and the host's own services do not represent a significant part of the total value of this service and neither an essential feature of the host or TI-FN themselves are still advertised as such, the TI-FN has only the position of providing accommodation services on behalf of the provider.
c) TI-FN has the position of a provider of connected travel services, insofar as the conditions for an offer of connected travel services of TI-FN are met according to the statutory provisions of § 651w BGB.
d) Without prejudice to the obligations of TI-FN as a provider of related travel services (in particular transfer of the statutory form and execution of guest protection in the event of a debt collection of TI-FN) and the legal consequences of non-compliance with these legal obligations TI-FN is in the case the conditions according to b) or c) are fulfilled, neither the tour operator nor the contractual partner of the guest accommodation contract that arises in the event of the booking. It is therefore not liable for the information provided by the host regarding prices and services, for the provision of services itself and for performance defects. Any liability of TI-FN arising from the agency contract and statutory provisions, in particular mandatory provisions on teleservices and electronic commerce remains unaffected.
- The present terms and conditions apply, as far as effectively agreed, to guest accommodation contracts in which the booking are based on the host directories, catalogues or accommodation offers published by TI-FN on websites.
- The hosts reserve the right to agree with the guest other than the present guest reception conditions or to make supplementary or deviating agreements to the present guest reception conditions
- For all conclusion of contracts the following applies:
- Conclusion of contract
- The following applies to all booking types:
a) The basis of the host's offer and the guest's booking are the description of the accommodation and the additional information in the booking basis (e.g. classification explanation), provided that this is available to the guest at the time of booking.
b) In accordance with the legal obligations, the guest is informed that according to the legal regulations (§ 312g Paragraph 2 Clause 1 Clause 9 BGB) for guest accommodation contracts that have been concluded in distance sales (letters, catalogs, telephone calls, faxes, e-mails, Messages sent by mobile phone service (SMS) as well as radio and telemedia), there is no right of revocation but only the legal regulations on the non-use of rental services (§ 537 BGB) apply (see also section 6 of these guest accommodation conditions). However, there is a right of revocation if the guest accommodation contract was concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted on the basis of a previous order by you as a consumer; In the latter case, there is also no right of withdrawal.
c) In case by bookings being made by clubs, associations, companies, authorities and institutions, the contracting party of the guest accommodation contract and the payer is only the latter, not the individual guest, unless they make the booking expressly as a legal representative in the name and with the authority of the guest.
- For a reservation, which is done orally, by phone, in writing via email or fax, the following applies:
a) With the reservation the guest offers the host the accommodation contract to be binding.
b) The contract is concluded when the guest receives the host's declaration of acceptance (booking confirmation). It does not require any form, so that verbal and telephone confirmations are legally binding for the guest and the host. As a rule, the host or the TI-FN will also send the guest a written copy of the booking confirmation in the case of booking confirmations made verbally or by telephone. Oral or telephone bookings by the guest, with the corresponding binding verbal or telephone confirmation by the host, lead to a binding contract conclusion even if the guest does not receive the corresponding additional written copy of the booking confirmation.
c) If the host submits a special offer to the guest at the guest's request, this, in deviation from the above provisions, constitutes a binding contract offer by the host to the guest, unless this is non-binding information about available accommodation and prices. In these cases, the contract is concluded without the need for a corresponding reconfirmation by the host or the TI-FN, if the guest accepts this offer within the period specified in the offer without restrictions, changes or extensions by expressly declaring, deposit, Final payment or use of the accommodation.
- For bookings made electronically the following applies for the conclusion of the contract:
a) By pressing the button " book with obligation to pay " the host offers the conclusion of the accommodation contract to the guest as binding. The guest receives the confirmation electronically and immediately.
b) The submission of the contract offer by pressing the button "book with obligation to pay " does not entitle the guest to the conclusion of an accommodation contract according to his booking request. The host is rather free in his decision to accept the contract offer of the guest or not.
c) The contract is concluded when the guest receives the booking confirmation.
- If the booking confirmation is made immediately after the guest has made the booking by clicking the button "Book with obligation to pay" and displaying the booking confirmation accordingly on the screen (booking in real time), the guest accommodation contract is concluded when this booking confirmation is received and displayed by the guest the guest is offered the option to save and print out the booking confirmation. As a rule, the guest will also receive a copy of the booking confirmation by e-mail, e-mail attachment, post or fax. However, such additional booking confirmation will not be received as a requirement for the guest accommodation contract to be legally binding.
- The following applies to all booking types:
- Reservations without obligation that entitle free of charge withdrawal from the contract are only possible in case of a respective explicit agreement with the host.
- When a reservation without obligation has been agreed upon by the guest, the chosen accommodation must be held available by the host up to an agreed period of time for the guest. The guest is obliged to inform the host within the agreed period of time if the reservation should be considered as a binding booking. In case of non-transmission of communication, the reservation becomes invalid without the host’s obligation of notification. If the communication has been transmitted with due notice, the booking becomes binding, regardless of the host’s confirmation of booking.
- Rates and Services
- The prices stated in the booking basis (host directory, offer of the host, Internet) are final prices and include the statutory value added tax and all additional costs, unless otherwise stated with regard to the additional costs. Resort contribution / visitor's tax or fees for consumption-based services (e.g. electricity, gas, water, firewood) and for optional and additional services that are only booked or used on site can be incurred and shown separately.
- The services owed by the host result exclusively from the content of the booking confirmation, the information on the accommodation and the services of the host on the basis of the booking as well as from any additional agreements expressly made with the guest.
- Terms of payment
- After the conclusion of the contract, the host can request a deposit of up to 20% of the total price of the accommodation services and the booked additional services, unless otherwise agreed in individual cases regarding the amount of the deposit.
- For stays of more than 1 week after the end of the stay, the host can settle the remuneration for previous days as well as for additional services (e.g. meals not included in the accommodation price, withdrawals from the minibar) and make them payable, which is due after conclusion of the contract.
- The remaining payment is to be paid to the host at the end of the stay, unless otherwise agreed in individual cases.
- For bookings that are made less than seven working days before the start of occupancy, the deposit must be paid to the host on arrival and the remaining payment at the end of the stay.
- Payments in foreign currencies and by crossed check are not possible. Credit card payments are only possible if agreed or generally offered by the host through a notice. Payments at the end of your stay are not possible by bank transfer.
- If the guest does not make an agreed deposit or other advance payment despite a reminder from the host with a deadline, the host is, as far as he is ready and able to provide the contractual services and as long as there is no legal or contractual right of retention of the guest, entitled to withdraw from the contract with the guest and to charge this with withdrawal costs in accordance with No. 7 of these conditions.
- Arrival and Departure
- The guest must arrive at the agreed time, without a special agreement by 6:00 p.m. at the latest.
- For later arrivals:
a) The guest is obliged to notify the host by 6:00 p.m. or at the agreed arrival time at the latest if he is arriving late or does not want to move into the booked accommodation until the following day in the case of stays of several days.
b) If notification is not given in due time, the host is entitled to occupy the accommodation elsewhere. For the period of non-occupancy, the provisions on the withdrawal or non-arrival of the guest in these terms and conditions apply accordingly.
c) For periods of occupancy in which the guest does not use the accommodation due to late arrival, the provisions on cancellation or non-arrival of the guest in these terms and conditions apply accordingly. The guest does not have to make any payments to the host for such occupancy times if the host is contractually or legally responsible for the reasons for the later arrival or non-occupancy.
d) The guest's accommodation must be vacated at the agreed time, without a special agreement at the latest by 12:00 p.m. on the day of departure. If the accommodation is not vacated in due time, the host can demand a corresponding additional fee. The host reserves the right to assert further damage. Entitlement to use the facilities of the host's accommodation after 12:00 p.m. on the day of departure only exists in the event of a general notice from the host or an agreement made with the host in individual cases.
- Cancellation and Non-Arrival
- In the event of a resignation or the non-arrival of the guest, the host's claim to payment of the agreed price of the stay including the meals and the fees for additional services remains.
- The host has to endeavor to use the accommodation for other purposes within the framework of his normal business operations, without any obligation to make special efforts and taking into account the special character of the accommodation (e.g. non-smoking rooms, family rooms).
- Insofar as the host is able to use another occupancy for the period booked by the guest, he will rely on his entitlement according to section 7.1. the income from such a different occupancy, insofar as this is not possible, allow saved expenses to be offset.
- According to the percentages recognized by the law for the assessment of saved expenses, the guest is obliged to take into account, if applicable, item 7.3. offsetting amounts to pay the host the following amounts, each based on the total price of the accommodation services, including all ancillary costs. However, without taking visitor's tax into account:
- For holiday apartments/accommodation without board 90 %
- For accommodation/breakfast 80%
- For half board 70 %
- For full board 60 %
- The guest expressly reserves the right to prove to the host that the saved expenses are significantly higher than the deductions taken into account above or that the accommodation services or other services have been used for other purposes. In the case of such proof, the guest is only obliged to pay the correspondingly lower amount.
- The guest is strongly recommended to take out travel cancellation insurance.
- The declaration of withdrawal must be sent directly to the host for all bookings and should be in writing in the interests of the guest. In the event of cancellation or no-show, TI-FN is entitled to provide the host with the guest's credit card details.
- Duties of the guest; Termination by the guest; Termination by the host; Bringing animals
- The guest is obliged to observe house rules or yard rules that have been made known to him or for which there was a reasonable opportunity to take note of them due to corresponding information.
- The guest is obliged to notify the host immediately of any defects and disruptions and to request remedial action. If the notification of defects is culpably omitted, the guest's claims may be wholly or partially void.
- The guest can only terminate the contract in the event of significant deficiencies or disruptions. He has to give the host a reasonable period of time to remedy the defect in the context of the notification of defects, unless the remedy is impossible, is refused by the host or the immediate termination is objectively justified by a special interest of the guest recognizable to the host or it is objectively unreasonable for the guest to continue their stay for such reasons.
- Bringing pets into the accommodation and accommodating them is only permitted in the case of an express agreement in this regard, if the host provides for this possibility in the advertisement. In the context of such agreements, the guest is obliged to provide truthful information about the type and size. Violations of this can entitle the host to extraordinary termination of the guest accommodation contract.
- The host can terminate the guest accommodation contract without notice if the guest disrupts the host's operations or the implementation of the stay in spite of a warning from the host or if he acts contrary to the contract to such an extent that the contract is terminated immediately is justified. If the host cancels, the provisions in section 7 apply accordingly to the host's payment claim.
- Limitation of Liability
- The host has unlimited liability,
- insofar as the damage results from the breach of an essential duty, the fulfillment of which enables the proper execution of the contract in the first place or the breach of which endangers the achievement of the pur-pose of the contract
- insofar as the damage results from injury to life, body or health.
- In addition, the host's liability is limited to damage caused intentionally or through gross negligence by the host or his vicarious agent.
- The host's eventual restaurant liability for items brought in according to §§ 701 ff. BGB remains unaffected by this regulation.
- The host is not liable for service disruptions in connection with services that are recognizable as external services for the guest during the stay (e.g. sporting events, visits to the theater, exhibitions, etc.). The same applies to third-party services that are already arranged together with the booking of the accommodation, insofar as these are expressly marked as third-party services in the advertisement or the booking confirmation.
- The host has unlimited liability,
- Alternative dispute settlement; choice of law and place of jurisdiction
- With regard to the law on consumer dispute settlement, the TI-FN points out that it does not participate in voluntary consumer dispute settlement. If a consumer dispute settlement would become mandatory for the TI-FN after these guest accommodation and brokerage conditions have been printed, it will inform the consumer of this in a suitable form. The TI-FN refers to the European online dispute settlement platform ec.europa.eu/consumers/odr/ for all contracts concluded in electronic legal transactions.
- German law applies exclusively to the contractual relationship between the guest and the host or the TI-FN
- . The same applies to the other legal relationship.
- The guest can only sue the host or the TI-FN at their headquarters.
- The guest's place of residence is decisive for actions brought by the host or the TI-FN against the guest. For lawsuits against guests who are merchants, legal entities under public or private law or persons who have their place of residence / business or habitual abode abroad, or whose residence / business address or habitual abode at the time the action is filed is known, the seat of the host is agreed as the place of jurisdiction.
- The above provisions do not apply if and to the extent that non-mandatory provisions of the European Union or other international provisions are applicable to the contract.
Copyright; Noll | Hütten | Dukic Rechtsanwälte, Stuttgart, München, 2021 - 2022
Terms and conditions for guided tours of the Tourist Information Friedrichshafen
The following information is provided as a service for our English speaking guests, in order to assist in understanding of the terms of contract and its legal grounds, in the case of bookings being made, as stated below. However, please take into account that this translation is for services only and that only the German version is valid and has the binding official wording. the following terms and conditions regulate the legal relationship between the Tourist-Information Friedrichshafen (legal entity City of Friedrichshafen) - hereinafter referred to as "TI-FN" - and you - hereinafter referred to as "the Guest" - or the client of the tour guide regarding TI-FN's services, and the legal relationship between you and the TI-FN - provided tour guide. The terms of contract are according to the German Civil Code BGB. Please read these terms and conditions carefully.
- Definitions; Position of the TI-FN and the tour guide; applicable legislation; Providing of additional services
- The TI-FN promotes the equal rights of men and women as part of their services, not least through providing a large number of qualified tour guides. However, this is done through practical measures and not through the use of "empty phrases". Therefore, in the following terms, the term "tour guide" refers exclusively to technical reasons and for better readability, both female and male tour guides.
- In the following the term "guest" stands for individual guests as well as for associations, institutions, companies and commercial clients of guided tours.
- The tour guide provides the advertised contractual services as a direct contractual partner of the guest as an independent service provider. The TI-FN exclusively provides the contract between the guest and the tour guide.
- Insofar as the TI-FN arranges other services in addition to the guided tour, the following applies: The TI-FN has the position of a provider of associated travel guides as an agent, insofar as, according to the statutory provisions of Section 651w BGB, the prerequisites for an offer of associated travel services by TI -FN are present.
- Without prejudice to the obligations of TI-FN as a provider of related travel services (in particular, handover of the legally required form and implementation of customer money protection in the event of TI-FN's collection activity) and the legal consequences of non-fulfilment of these legal obligations, TI-FN is in the case of the prerequisites according to number 1.1. and 1.2. neither the tour operator nor the contractual partner of the tour guide contract that comes into being in the event of a booking. The TI-FN is therefore not liable for such orders or tours for information on prices and services, for the provision of services itself or for deficiencies in performance in connection with the tour. This does not apply if the tour is a contractually agreed service of a package tour or any other offer for which TI-FN is the direct contractual partner of the guest or the client.
- Any liability on the part of TI-FN from the service contract and from statutory provisions, in particular according to mandatory regulations on telemedia and electronic business transactions, remains unaffected.
- The legal relationship between the tour guide and the guest is primarily based on the agreements made with the tour guide or TI-FN as his representative, in addition to these service and contractual conditions, alternatively the statutory provisions on the service contract §§ 611 ff. BGB application. The service relationship with the TI-FN is primarily based on the agreements made with the TI-FN, then the provisions on the services of the TI-FN in the present contractual conditions and, alternatively, the statutory provisions of Section 675 of the German Civil Code (BGB) on paid business management.
- Unless otherwise stipulated for the benefit of the guest in mandatory international or European law applicable to the contractual relationship with the tour guide or the services of the TI-FN, the entire legal and contractual relationship with the tour guide and the TI- FN German law applies exclusively.
- Conclusion of contract, position of a group client
- For all booking methods listed below:
- If the booking is made by a group, an institution or a company (private group, community college, school class, club, tour operator, incentive or event agency, travel agency) these are the sole contracting party of TI-FN in the context of the agency contract, or of the tour guide within the framework of the service contract, insofar as they do not expressly act as legal representatives of the subsequent participants according to the agreements made. In this case, this client shall make the full payment obligation with regard to the agreed remuneration or other contractual payment claims
- The TI-FN points out that in accordance with the statutory provisions (§ 312g para. 2 sentence 1 no. 9 BGB) in contracts for tour guides as contracts for services related to recreational activities in the distance (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as radio and telemedia), no right of revocation exists but only the statutory provisions on the non-use of services (§ 611 ff., 615 BGB) apply (see also no 6. and 7. of these contractual conditions). However, a right of withdrawal exists if the contract has not been concluded remotely, but outside business premises, unless the oral proceedings on which the contract is based have been conducted on the consumer's prior employment; In the latter case, there is no right of withdrawal.
- For bookings made orally, in writing, by telephone, by fax or by e-mail, the following applies:
a) With its booking, the guest makes a binding offer to the respective tour guide, who is represented by TI-FN as legal representative, the conclusion of a service contract on the basis of the service description for the respective tour and these contractual conditions and at the same time gives the TI-FN the corresponding placement order.
b) The service contract for the tour comes about through the booking confirmation, which the TI-FN as representative of the tour guide undertakes. It requires no specific form. As a rule, however, the TI-FN, with the exception of very short-term bookings, will send the guest a written copy of the booking confirmation. For binding telephone bookings, the legal validity of the contract is independent of the receipt of the written copy of the booking confirmation and an approximately agreed payment in advance.
- For bookings made without individual communication via an online booking procedure (contract in electronic commerce), the following applies to the conclusion of the contract:
a) The guest is explained the process of online booking in the corresponding Internet portal. The guest has the option of correcting his entries, deleting or resetting the entire online booking form, and the use thereof is explained.
b) The contract languages specified for the online booking are indicated. As far as the text of the contract is stored in the online booking system, the guest will be informed about this storage and the possibility of later retrieval of the contract text.
c) By pressing the button "book with payment" the guest offers the tour guide the conclusion of the service contract for the tour and at the same time gives the TI-FN the order to arrange the booking. The guest is immediately informed of the receipt of his booking by electronic means,
d) The submission of the contract offer by pressing the button "book with payment" does not constitute a claim of the guest to the conclusion of a service contract with the tour guide according to his booking details. The tour guide or the TI-FN as its representative are rather free in their decision to accept the contract offer of the guest or not.
e) The TI-FN assumes with the acceptance of the order no guarantee and no procurement risk to the effect that a booking with a tour guide can be arranged.
f) The contract is concluded by the receipt of the booking confirmation by the guest, which TI-FN acts as agent and representative of the tour guide. The booking confirmation does not require a specific form.
- Services, replacement reservation; Special right of termination of the TI-FN; deviating agreements; Modification of essential services; Duration of guided tours; weather conditions
- The owed service of the tour guide consists of the execution of the tour of the guest according to the service description and the additional agreements.
- Unless otherwise expressly agreed, the tour is not owed by a specific tour guide. Rather, it is up to the selection of the respective tour guide of the TI-FN.
- Even in the case of naming or explicit agreement of a particular tour guide, it remains reserved to replace it in the case of a mandatory reason for preventing (especially due to illness) by another tour guide.
- The scope of the services is listed in the service description and the additional agreements. Information and warranties of third parties or agreements with them (in particular travel agencies, tourist accommodation, transport companies, catering establishments, museums or other sites) regarding the scope of the contractual services contrary to the terms of reference or the TI-FN and / or agreements made by the tour guide are not binding on the TI-FN and the tour guide.
- Changes or additions to the contractually offered services require an explicit agreement with the TI-FN or the tour guide, for which the written form is urgently recommended for reasons of proof.
- Changes to essential services that deviate from the agreed content of the contract, which become necessary after the conclusion of the contract (in particular also changes in the timing of the tour) and were not brought about by the tour guide in good faith are permitted, unless the changes are significant and do not affect the overall layout of the leadership. Any warranty claims of the guest in the event of such changes to essential services remain unaffected.
- Information on the duration of guided tours is approximate.
- For weather conditions and their effects on agreed tours, the following applies:
a) Unless otherwise agreed in an individual case, the agreed tours take place in all weather conditions.
b) Weather reasons therefore do not entitle the guest to withdraw for free or to terminate the contract with the tour guide. This shall only apply if the weather conditions affect the body, health or property of the guest to such an extent that the implementation is objectively unreasonable for the guest and his participants.
c) If such conditions exist at the beginning of the tour or are to be objectively expected before the start of the tour for the agreed time, both the guest and the tour guide or the TI-FN as its representative reserve the right to cancel the contract for the tour properly or extraordinarily.
d) In the event of such termination by the tour guide or the TI-FN as its representative, there are no claims of the guest for reimbursement of costs, in particular travel and accommodation costs, unless there are contractual or statutory claims of the guest that entitle to the reimbursement of expenses.
- Rates and payment
- The agreed prices include the execution of the guided tour and additionally advertised or agreed services.
- Entrance fees, meals and transport costs with public and private transport, city maps, brochures, guides, costs of guided tours within the tourist attractions visited during the tour are included in the agreed price only if they are listed under the services of the tour or additionally agreed,
- Entry fees are to be paid by the guest or the person in charge of the group for all participants directly to the respective institution, unless otherwise agreed in individual cases.
- Unless otherwise agreed, in particular with regard to a down payment, the agreed remuneration, excluding the entrance fees for the visit of facilities and attractions within the framework of the tour, is payable in cash before the tour of by the guest. Checks or credit cards are not accepted. Payment with vouchers (authorization vouchers) is only possible if they are valid for the respective tour. The voucher is handed over directly to the tour guide.
- The TI-FN may claim, different from para. 4.4, as a collection agent of the tour guide after conclusion of the contract (receipt of a booking confirmation) a deposit i.H.v. 20% of the total price of the tour as well as a final payment or - waiving a down payment - the entire payment 4 weeks before the start of the tour, if explicitly stated in the booking confirmation issued to the guest. If a down payment is subsequently made, the provision in clause 12 applies to the final payment. 4.4 accordingly.
- Insofar as para. 4.5 are paid by the guest, the following applies: If the tour guide is willing and able to provide the contractual services and exists on the part of the guest to the tour guide or the TI-FN no legal or contractual right of set-off or retention, the tour guide or TI-FN as its representative, as far as agreed payments are not paid despite reminder with a reasonable deadline within the agreed due date, are entitled to resign from the service contract on the tour or the agency contract and charge the guest or the client cancellation fees in accordance with para. 7 of these conditions.
- Rebookings; Changes of the billing address
- A claim of the guest after the conclusion of the contract for changes regarding the date of the tour, the time, the place of departure and the destination of the tour (rebooking) does not exist. A rebooking is made at the request of the guest free of charge.
- Non-use of services
- In case the guest, or the client, does not claim the agreed services, without the tour guide or the TI-FN is responsible, in particular by non-arrival without termination of the contract, in whole or in part, although the tour guide is able for the Provision of services, there is no right for reimbursement of already made payments.
- For the agreed remuneration the legal regulation applies (§ 615 S. 1 and 2 BGB): a) The agreed remuneration is to be paid, without a claim to reschedule the tour; b) The tour guide, however, has to be credited for the expenses saved as well as any compensation which he obtains or otherwise maliciously refrains from using the agreed services.
- Termination and withdrawal by the guest or the client
- The guest or the client can terminate the contract with the tour guide free of charge up to 48 hours before the agreed start of service. Termination does not require a specific form. A written notice is strongly recommended.
- In case of a cancellation by the guest or the client, which takes place later than 48 and up to 24 hours before the start of the tour, the tour guide will pay 50% of the agreed total price of the tour to the guest or the client. The guest or the client reserves the right to prove to the tour guide or the TI-FN that no or substantially less loss or costs have arisen. In this case, the guest or the client only has to reimburse the respectively lower expenses or costs.
- In the event of a termination later than 24 hours before the start of the tour and on the day of the tour itself, the full agreed remuneration will be payable.
- For orders to accompany bus groups with or without complementary tour, the above regulations in no. 7.1 to para. 7.3 with the proviso that a free resignation only up to 14 days before the day of the beginning of the escort / tour, the later resignation according to the regulations in no. 7.2 are possible only up to 7 days before the day of commencement of the escort / tour and the obligation to pay the full remuneration, in accordance with the provision in no. 7.3, less than 7 days before the commencement of the escort.
- On the payment entitlements according to para. 7.2 to 7.4, however, the tour guide has to be credited for the remuneration of saved expenses as well as any compensation which he obtains by otherwise using the agreed services or maliciously fails to obtain. However, expenses incurred with regard to additional services for the tour, in particular the costs of bus transport, meals, drinks, entrance fees, etc., are only to be reimbursed by the tour guide or the TI-FN to the guest or the client to the extent that they is a statutory or contractual right to reimbursement and can actually be obtained from.
- For the above periods, the access of the guest's notice of termination to TI-FN at their published and / or notified business hours shall be decisive. Notices of termination are to be directed exclusively to the TI-FN as representative of the tour guide.
- The above termination provisions shall not affect statutory or contractual termination rights of the guest in the event of defects in the services of the tour guide or the agency services of TI-FN and any other statutory warranty claims.
- The non-implementation of mediated additional services, in particular a brokered ship transport, transfers and restoration services, as far as the reasons for this are not represented by the TI-FN or the tour guide, do not justify a free cancellation or no cost-free termination with respect to the contract with the tour guide. This applies in particular when the shipping company is entitled to cancel the operation of the shipping according to its terms and conditions or if the service providers of other additional services (carrier, restaurant, host) do not fulfill the contract with the guest, explain the resignation or the contract terminate extraordinarily or orally.
- Liability of the tour guide and the TI-FN; Insurance
- For the liability of the TI-FN reference is made to 1.4 of these conditions.
- Liability of the tour guide for damage that does not result from the breach of an essential duty, the fulfillment of which enables the proper implementation of the tour guide contract in the first place, or the violation of which endangers the achievement of the purpose of the contract or from injury to life, body or health of the guest result is excluded unless the tour guide or one of the legal representatives or vicarious agents caused the damage intentionally or through gross negligence.
- The tour guide is not liable for the services, measures or omissions of catering establishments, institutions, bearers of sights or other offers, which are visited in the context of the tour, unless for the origin of the damage a culpable breach of duty of the tour guide causal or co-causal was.
- Tour times, duties of the guest
- The guest, or the client, is required to provide a mobile phone number at the time of booking or in due time before the agreed date of the tour, in order to be able to contact them in case of extraordinary events. The TI-FN will usually also inform the guest or a named person of a corresponding mobile phone number of the executing tour guide.
- Agreed tour times must be adhered to punctually. If the guest is late, he is obliged to inform the tour guide of the delay at the latest by the time the tour starts and to indicate the expected time of the delayed arrival. The tour guide may refuse a late start of the tour if the transfer is objectively impossible or unreasonable, especially if follow-up or otherwise compelling business or private appointments of the tour guide cannot be met. Shifts of more than 30 minutes generally entitle the tour guide to cancel the tour. In this case, the provision in Section 2 applies to the compensation claim of the tour guide. 6 of these conditions accordingly.
- In case of late arrival of the guest or the group, the guest or the client have to make an agreement with the tour guide, if the tour is shortened accordingly or - as long as the tour guide is ready and able - the originally agreed duration of the tour to be complied with. In the case of the agreement of the observance of the original duration of the guidance and with a time-dependent remuneration of the tour guide, the waiting time of the tour guide is to be remunerated in addition to the duration of the tour according to the agreed remuneration rate.
- The guest or the representative of the group client are obliged to report any defects of the tour and the agreed services immediately to the tour guide and to request redress. Any claims resulting from defective or incomplete services of the tour guide shall not be voided only if this complaint is omitted without fault.
- Cancellation or termination of the tour after the start of the tour is only permissible for the guest or the client if the tour operator's service is considerably inadequate and these faults are not remedied despite the corresponding complaint. In the case of an unjustified abortion or termination, there is no right to a refund. Warranty claims of the guest in the case of a defective performance of the tour guide remain unaffected.
- Place of jurisdiction
- With regard to the law on consumer dispute settlement, the TI-FN points out that the TI-FN does not participate in a voluntary consumer dispute settlement. If such would become mandatory for the TI-FN after these brokerage and contractual conditions have been printed, the TI-FN will inform the guest of this in a suitable form. The TI-FN refers to the European online dispute settlement platform ec.europa.eu/consumers/odr for all service contracts concluded in electronic legal transactions.
- The general place of jurisdiction of the guest or the client is decisive for lawsuits by the tour guide or the TI-FN against the guest or the client.
- If the client is a merchant or a legal person under public or private law or if the guest or client has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for lawsuits by the tour guide or TI-FN is their place of business.
Copyright; Noll | Hütten | Dukic Rechtsanwälte, Stuttgart, München, 2021 - 2022
Terms and conditions of the Tourist Information Friedrichshafen for providing tourist services to resellers and private groups
The following information is provided as a service for our English speaking guests, in order to assist in understanding of the terms of contract and its legal grounds, in the case of bookings being made, as stated below. However, please take into account that this translation is for services only and that only the German version is valid and has the binding official wording. The following terms and conditions are subject to the bookings which have been arranged between the guest and the provider- hereafter referred to as "guest" (Individual customers as well as groups, companies, clubs or institutions as clients). The terms of contract are according to the German Civil Code BGB. Please read these terms and conditions carefully.
- TI FN’s position; scope of these terms for agency services
- These terms and conditions apply to tourist services in which TI-FN acts as an agent in accordance with the statutory provisions, provided that these terms and conditions are legally agreed with the guest.
- These terms and conditions apply to the provision of services to guests who, as part of their commercial activity, either individually market the services of accommodation providers, restaurants, tour guides or the providers of other services or as the responsible package tour operator in accordance with §§ 651 a ff. BGB carry out a package tour or otherwise provide tourist services to end consumers, as well as providing services to private consumer groups who conclude the booking and the contracts with the executing service providers for a purpose that is neither commercial nor their independent professional Activity can be attributed (consumer within the meaning of § 13 BGB).
- In accordance with the regulations in no. 1.1 these terms and conditions apply in particular to contracts for the following offers:
a) Arranging and booking of temporary accommodation
b) Arranging and reserving room allotments for trade fairs, congresses and meetings
c) arranging guided tours
d) Arranging tour guides (e.g. bus escort)
e) Arranging of charter ships
f) Ticket service
- Insofar as TI-FN arranges further services of the service providers that do not make a significant contribution to the total value of the services of the service provider and neither represent an essential characteristic of the service provider or TI-FN itself nor are advertised as such, the TI-FN only has the position of an agent of the contract between the customer and the mediated service provider. Service providers within the meaning of these provisions are bus companies, tour guides, carriers, providers of cultural events, restaurants and other service providers.
- As an intermediary, TI-FN has the position of a provider of connected travel services, provided that the requirements for an offer of connected travel services by TI-FN are met according to the statutory provisions of Section 651w BGB.
- Without prejudice to the obligations of TI-FN as a provider of related travel services (in particular, handover of the legally required form and implementation of customer money protection in the event of a collection activity by TI-FN) and the legal consequences of non-compliance with these legal obligations, TI-FN is in case that the prerequisites according to section 1.4 or 1.5 are met, neither the tour operator nor the contractual partner of the contract with the mediated service provider in the event of a booking. TI-FN is therefore not liable for the information provided by the service provider on prices and services, for the provision of services itself or for deficiencies in performance.
- Conclusion of contract; applicable law
- The conclusion of the agency contract does not require a specific form. With the placement of the service contract, the service contract comes into effect between the guest and TI-FN as an agency contract.
- If the order is placed electronically (e-mail, Internet), TI-FN will immediately confirm receipt of the order electronically. This confirmation of receipt does not yet constitute a confirmation of acceptance of the service order.
- The mutual rights and obligations of the guest and the TI-FN result from the agreements made in the individual case (in particular regarding the type and scope of the service contract), these terms and conditions, and the legal regulations of §§ 675, 631 ff. BGB, on the paid agency, unless there are mandatory statutory provisions to the contrary.
- The TI-FN points out that according to the legal regulations (§ 312g Paragraph 2 Clause 1 Clause 9 BGB) for contracts in the field of leisure activities, even if the contractual partner is a consumer and these are sold at a distance (letters, catalogues, telephone calls, faxes, e-mails, messages sent via cellular service (SMS) as well as radio and telemedia), there is no right of withdrawal, only the statutory rights of withdrawal and termination. However, there is a right of revocation if the contract in the area of leisure activities has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; In the latter case, there is also no right of withdrawal.
- Information; advice
- When giving information and advice, TI-FN is liable within the framework of the law and contractual agreements for the correct selection of the information source and the correct transfer to the customer.
- The TI-FN is not liable for the correctness of the information provided in accordance with Section 675 (2) of the German Civil Code (BGB), unless a special information contract has been concluded.
- In the context of its mediation activity, the TI-FN is not obliged to find the cheapest provider of the desired service without explicit agreement.
- Remuneration, reimbursement of expenses, collection, payments
- Unless otherwise agreed in individual cases, TI-FN service activities are free of charge for customers. The TI-FN can, however, demand reimbursement of the expenses incurred for the mediation, insofar as this has been agreed or if it could consider this to be necessary under the circumstances.
- In the case of mediated services, the total price of the agreed services must be paid to the mediated service provider after receipt of the booking confirmation, unless otherwise agreed.
- As far as the mediated services are related travel services according to § 651w BGB, the following applies: The TI-FN may only accept payments from the customer for reimbursement for travel services if the TI-FN has ensured that these are reimbursed to the customer, insofar as thes travel services are to be provided by TI-FN itself or remuneration claims of mediated service providers are still to be met and in the event of the insolvency of TI-FN as an intermediary for related travel services
a) Travel services are cancelled or
b) The customer, with regard to the travel services provided, fulfills payment requests from unsatisfied mediated service providers. TI-FN provides this security when arranging related travel services by taking out insolvency insurance in accordance with Section 651w (3) of the German Civil Code (BGB), stating the name and contact details of the customer money insurer in a clear, understandable and highlighted manner and handing over a corresponding security certificate for all payments made by the customer to the intermediary for related travel services, unless the customer pays the associated travel service directly to the intermediary service provider.
- Termination or withdrawal from the contract for commercial customers
- For a withdrawal by the commercial client, the following applies on behalf of the respective mediated service providers:
a) Withdrawal from the contract concluded with the service provider through the mediation of TI-FN is generally excluded, unless otherwise expressly agreed in writing.
b) Unless explicitly agreed otherwise, partial withdrawals or partial termination of individual services as well as withdrawals according to general commercial practice are particularly excluded.
c) Unless otherwise agreed, the commercial client remains obliged to pay in full. The service provider only has to allow saved expenses or any other use of the booked service to be credited.
d) If the subject of the mediated contract are accommodation services, the saved expenses are set in such a way that the commercial client has to make the following payments
- for overnight stays without meals 90 %
- for bed and breakfast 80 %
- for overnight stay with half board 70 %
- for overnight stay with full board 60 %
of the total price including all additional services with the requirement that the commercial client has the right to prove to the accommodation facility that the expenses saved were higher or that the agreed accommodation allotments were used for other purposes.
- After the start of the service, termination by the commercial client is only possible if there are significant deficiencies in the service or other service disruptions for which the service provider is responsible. In these cases, termination is only permitted after a reasonable deadline has been set to remedy the defect or disruption.
- The service provider is entitled to withdraw from the contract or to terminate the contract in the following cases:
a) If the provision of the service becomes impossible for reasons for which he is not responsible.
b) In the event of significant breaches of contract by the commercial client or his participants against the obligations from this contract or against the interests of the service provider.
c) If the deposit or final payment is not received by the service provider within the agreed time and after a reminder and a deadline.
- For a withdrawal by the commercial client, the following applies on behalf of the respective mediated service providers:
- Termination or withdrawal from the contract with consumer groups
- The customer, who is a consumer, can withdraw from the contract at any time before the agreed date for the service by making a declaration in writing.
- The cancellation becomes effective on the day on which the declaration of cancellation is received by the service provider or TI-FN.
- If the customer withdraws from the contract with the service provider or does not make use of services without a declaration of withdrawal - in particular due to non-appearance - the TI-FN or the service provider can compensate for the preparations made and the associated expenses. according to the agreed conditions for withdrawal or termination. When calculating the compensation, possible other uses of the service and usually saved expenses are usually taken into account.
- Unless otherwise agreed, the following cancellation costs are agreed on behalf of the respective mediated service providers:
a) If the subject of the mediated contract are accommodation services, the saved expenses are set in such a way that the customer has to make the following payments:
- For overnight stays without meals 90 %
- For bed and breakfast 80 %
- For overnight stays with half board 70 %
- For overnight stays with full board 60%
of the total price including all ancillary services with the requirement that the customer reserves the right to prove to the accommodation facility that the expenses saved were higher or that the agreed accommodation allotments were used for other purposes.
b) If the subject of the mediated contract are services other than accommodation, the following cancellation fees are due:
- up to 21 days before the appointment: no cancellation fees
- up to 7 days before the appointment: 30 % of the agreed price
- up to 2 days before the appointment: 60 % of the agreed price
- afterwards or in the event of no-show: 90 % of the agreed price.
If cheaper cancellation fees have been agreed with the customer for guided tours, these shall apply.
- The customer is at liberty to prove to TI-FN or the service provider that the cancellation incurred no or lower costs than the cancellation fees claimed. In the latter case, TI-FN is obliged to pay the lower costs.
- If TI-FN has mediated services from other service providers (e.g. admission tickets) on behalf of the customer and these are not used as a result of the cancellation or the customer's no-show, the customer is not entitled to a refund from TI-FN. The costs will only be reimbursed by the TI-FN to the extent that the service providers have actually reimbursed them to the TI-FN. Further claims, the assertion of which is expressly reserved to the customer, must be made directly to the service provider by the customer.
- Liability of the TI-FN
- Insofar as the TI-FN has not taken on a corresponding further contractual obligation by explicit agreement with the customer, the TI-FN is only liable for the proper fulfillment of the agent's obligations. These mediation obligations include, in particular, the legally effective submission of the offer to conclude the contract with the service provider to be mediated and, in the case of acceptance of the contract offer by the service provider to be mediated, the transmission of the contract confirmation in the name and on account of the mediated service provider.
- The TI-FN is not liable for defects and damage that the customer incurs in connection with the travel service. This does not apply to an express agreement or assurance from TI-FN, in particular if this deviates significantly from the service provider's description of services.
- Any own liability of TI-FN from the culpable breach of agent duties as well as the liability according to § 651x BGB remains unaffected by the above provisions.
- Alternative dispute settlement; Choice of law and place of jurisdiction
- With regard to the law on consumer dispute settlement, the TI-FN points out that it does not participate in voluntary consumer dispute settlement. If a consumer dispute settlement would become mandatory for TI-FN after these terms and conditions have been printed, TI-FN will inform the consumer of this in a suitable form. The TI-FN refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic legal transactions.
- For customers / travelers who are not citizens of a member state of the European Union or are Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer / traveler and TI-FN. Such customers / travelers can only sue TI-FN at their headquarters.
- For lawsuits by TI-FN against customers or contractual partners of the package tour contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual abode abroad, or whose domicile or habitual abode is not at the time the action is brought is known, the place of jurisdiction is agreed to be the seat of TI-FN.
Copyright; Noll | Hütten | Dukic Rechtsanwälte, Stuttgart, München, 2021 - 2022