General Terms and Conditions
Legal position between the contracting parties
The contract is concluded exclusively between Herzblut and the client (hereinafter referred to as guest).
Conclusion of contract
The order for a guided tour creates a service contract and the guest accepts the general terms and conditions insofar as they are effectively used as a basis for the contract. At the guest's request, the tour guide will prepare an individual offer. In this case, the contract is concluded by the guest's confirmation of the offer prepared by the tour guide within the set deadline - unless otherwise agreed - usually in writing. The booking confirmation by Herzblut can be made by email or letter or directly through partner portals. In all other cases, the guest makes a binding offer to Herzblut to conclude a contract. The basis for this offer is the advertisements and the additional information from Herzblut for the respective tour. Registration can be made in writing, verbally or by email. The contract is concluded upon receipt of the declaration of acceptance from Herzblut. It does not require a specific form.
The booking of a guided tour is concluded - unless otherwise agreed - by the guest, usually in writing, confirming the offer made by Herzblut.
If the booking is made by a third party designated as a group client, i.e. an institution or a company (e.g. private group, adult education center, school class, club, bus company, tour operator, incentive or event agency, travel agency), this party is the sole client and the contractual partner unless it expressly acts as the legal representative of the later participants according to the agreements made. In this case, the group client is fully liable for payment of the agreed remuneration or any cancellation costs. The guest is advised that for all of the above-mentioned booking types, due to the statutory provision of Section 312 g Paragraph 2 Sentence 1 No. 9 of the German Civil Code, there is no right of cancellation for contracts concluded via distance selling after the contract has been concluded.
Execution of the order
The contract will outline all details relevant to the tour, such as date, time, duration, meeting point, number of participants, type of tour, fee, and payment method. The specified duration of the tours is approximate. The tours take place in all weather conditions. If necessary, an alternative can be agreed upon after individual consultation.
Changes or deviations from the agreed content of the booking are permissible, provided the changes or deviations are reasonable for the guest, considering the interests of Herzblut. Changes or deviations are considered reasonable, especially if they are not significant and do not substantially affect the overall nature of the booked tour or if they are due to external circumstances beyond the control of the tour guide - e.g., road closures, museum closures, sudden illness of the tour guide, etc. If the changes or deviations are not reasonable for the guest, considering the interests of Herzblut, the guest has the right to withdraw from the contract.
Groups
The maximum number of participants per group is 15 people, unless otherwise specified. If the group size is exceeded, an additional tour guide must be hired.
Should the maximum number of participants be exceeded despite a different order, an additional fee of EUR 15.00 will be charged for each additional person and for each additional person on a guided tour with 16 or more people.
If an ordered city tour for groups is not used
If the tour is cancelled without a cancellation at least two working days before the agreed date, a cancellation fee of 100% of the agreed fee will be charged, which the independent city guide will invoice the customer.
Delayed start of the tour
The tour guide waits 10 minutes after the agreed time for the participants to arrive. She is available from the agreed time for the booked time - including the waiting time. The elapsed waiting time is deducted from the agreed tour time. If the participant has informed Herzblut directly or the tour guide (by phone) of the delay, the waiting time will be extended by arrangement. If the guest arrives late, there is no entitlement to the full provision of the service. If the service is nevertheless provided in full on time by mutual agreement, the tour guide can insist on an increase in the fee, previously agreed with the guest on site.
If the tour guide is late, the guest can demand that the service be provided in full. If this is not possible due to time constraints, the guest can claim a reduction in the fee corresponding to the time lost for the service.
Cancellation
Ihr könnt den gebuchten Service bis zu 1 Tag vor der Leistungserbringung kostenfrei stornieren. Erfolgt die Stornierung kurzfristiger oder erscheint der Gast nicht zum vereinbarten Termin, muss die volle Gebühr bezahlt werden. In jedem Fall ist es dem Gast gestattet, nachzuweisen, dass der Firma Herzblut durch die Stornierung oder das Nichterscheinen kein oder ein wesentlich geringerer Schaden entstanden ist. Der Reiseleiter behält sich das Recht vor, eine höhere Entschädigung zu verlangen, die im Einzelfall spezifisch berechnet wird, wenn der entstandene Schaden erheblich höher ist als die oben genannte Pauschale.
Sollte der Reiseleiter aus Gründen, die zum Zeitpunkt des Vertragsabschlusses nicht bekannt waren, die vertraglich vereinbarte Leistung nicht erbringen können, verpflichtet er sich, einen anderen vollständig geeigneten Reiseleiter für die vereinbarte Tour zu organisieren und den Gast darüber zu informieren. Sollte dies in extremen Ausnahmefällen (z.B. plötzliche Krankheit, Unfall auf dem Weg zum Treffpunkt) nicht möglich sein, muss die Tour abgesagt werden. In diesem Fall werden bereits gezahlte Gebühren sofort erstattet.
Prices and Payment Methods
The specific payment terms are set out in the offer and the booking confirmation. After prior agreement, the fee can also be paid in cash to the tour guide on site before the start of the tour. The guest will receive an invoice for this. Checks or credit cards are not accepted. The fees include VAT at a rate of 21%, as Herzblut operates as a small business/sole proprietorship under the Sales Tax Act. The fee includes all fees. Entrance fees to museums or other facilities, food costs and transport costs using public and private transport are only included in the agreed price if they are expressly listed under the guided tour services or are additionally agreed.
Liability
The tour guide is only liable for damages that are not physical injuries if they are caused intentionally or by gross negligence and for the violation of essential contractual obligations (cardinal obligations). In the event of negligent violation of cardinal obligations, the liability of Herzblut is limited to damages that are typical for the contract and foreseeable and in any case to three times the value of the service offered. This limitation of liability also applies to the vicarious agents of Herzblut.
Choice of law and final provisions
The entire legal and contractual relationship between the tour guide and the guest who does not have a general residence or place of business in the Netherlands is subject exclusively to Dutch law, with the proviso that if the guest has his or her usual place of residence abroad, according to Article 6 paragraph 2 of the Rome I Regulation, he or she also enjoys the protection of the mandatory provisions of the law that would apply without this clause.
With regard to the law on consumer dispute resolution, the tour guide points out that she does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the tour guide after these terms and conditions have been printed, she will inform the guest of this in an appropriate form. For all contracts concluded via electronic legal transactions, the tour guide refers to the European online dispute resolution platform http://ec.europaeu/consumers/odr/.
Should one or more provisions be invalid, the other provisions shall not be affected.
Status: December 2018