General Terms and Conditions (GTC)

 

1. Conclusion of the contract

 

1. 1 The General Terms and Conditions govern the contractual relationship between the client and Cologne Guide.

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1.2 By registering, the customer makes a binding offer to Cologne Guide to conclude a contract for a city tour, brewery tour or other agreed tour. It is also made by the customer for all participants listed in the registration, for whose contractual obligations the customer is responsible as for his own obligations, insofar as he has assumed a corresponding separate obligation by express and separate declaration. Registration may be made in writing, verbally or by telephone. Cologne Guide is not liable for any disadvantages incurred by the customer due to incomplete, incorrect or illegible information. By registering, the customer accepts these general terms and conditions as binding.

 

1.3 The contract is concluded upon acceptance by Cologne Guide. Acceptance does not require any particular form. The customer only receives confirmation when it is guaranteed that Cologne Guide can provide all services offered on the agreed date.

 

1.4 In the case of telephone bookings, the contract is concluded in deviation from the above provisions as follows: Cologne Guide makes a binding reservation (option) for the customer and sends the customer an offer and the GTC. If the customer submits the registration to Cologne Guide within one week at the latest or by agreement after the option has been accepted (in person, by post, by e-mail), the booking procedure is as above. If the registration is not received within this period, the reservation expires without further consequences for the organizer and the customer.

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1.5 The tour time agreed between the customer and Cologne Guide is binding. The waiting time of the city guide at the agreed meeting point is a maximum of 30 minutes. Delays on the part of the customer and/or the participants listed in the registration are at the expense of the customer. The tour time will not be extended if the group is late; the time specified in the booking confirmation is binding.

 

2. Payment

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2. 1 As a rule, payment of the fee shall be made upon conclusion of the contract by bank transfer at least one week before the start of the brewery tour. Unless otherwise agreed at the time of booking, the prices do not include drinks and/or entrance fees. All prices are in euros and include statutory VAT.

 

2.2 For bookings made less than 7 days before the start of the brewery tour, the total amount is due for payment immediately.

 

2. 3 Without full and timely payment of the final price, you are not entitled to make use of the event services. In this case, Cologne Guide is entitled to cancel the contract and to charge compensation in the amount of the corresponding cancellation fees.

 

3. Number of participants/services

 

3. 1 The number of participants per tour is regulated according to the booking confirmation or acceptance of the offer by the customer. If more than the agreed number of participants appear on the agreed date, the tour guide is entitled to exclude the excess number of participants from the tour or to charge a corresponding additional fee per person/participant.

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3. 2 Which services are contractually agreed is determined exclusively by the content of the booking confirmation in accordance with all information and explanations contained therein. However, Cologne Guide expressly reserves the right to make changes to individual services or other service descriptions for objectively justified, significant or unforeseeable reasons prior to the conclusion of the contract, of which the customer will be informed prior to booking. Other changes and subsidiary agreements are only valid if they are confirmed in writing by Cologne Guide.

 

4. Cancellation by the customer/rebooking

 

4.1 The customer can withdraw from the tour at any time before the start. The date of withdrawal is determined by the date of receipt of the declaration of withdrawal by Cologne Guide. Cancellations must be made in writing or by email.

 

4.2 Cancellations up to 14 (fourteen) days before the tour date are free of charge. Cancellations within 14 (fourteen) days before the tour date will be charged 50% of the agreed tour price. In the event of cancellation 3 (three) or fewer working days before the tour date, 100% of the agreed tour price shall be payable without deduction. This does not affect claims for compensation for preparations and expenses already made (e.g. admission tickets purchased by Cologne Guide, obtaining of municipal permits subject to charges by Cologne Guide, no-show invoices in the event of non-appearance of gastronomic table reservations). These are to be reimbursed in full by the customer without deduction.

 

4. 3 It is equivalent to a declaration of withdrawal if the customer and/or the registered participants do not show up at the agreed meeting point or show up more than 30 minutes late and have not met the guide due to this delay (see point 1.5). In this case, the customer is also obliged to pay the agreed fee in full.

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4.4 Any registered participant may be replaced by another person up to the start of the event. A processing fee will not be charged in this case. The maximum number of participants must also be observed in this case.

 

4. 5 Cologne Guide is not obliged to refund tickets or vouchers for guided tours with Cologne Guide purchased by the customer via public booking portals (e.g. GetyourGuide, Groupon, Kölnticket, Jochen Schweizer, Rent-a-Guide, etc.). The terms and conditions of the respective portal apply.

 

5. Withdrawal by Cologne Guide/rebookings

 

5. 1 Cologne Guide may withdraw from the contract if the customer or a participant persistently disrupts the execution of the brewery tour despite a warning from the tour guide or a person appointed to represent him, or if he behaves contrary to the contract to such an extent that the immediate termination of the contract is justified. Furthermore, Cologne Guide reserves the right to exclude intoxicated and/or costumed participants from guided tours. In such cases, Cologne Guide retains full entitlement to the agreed fee payment.

 

5.2 Cologne Guide is also entitled to postpone the date of the event in the event of bad weather, subject to prior agreement with the customer.

 

6. Cancellation of the contract

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If the tour is significantly impeded, endangered or impaired as a result of force majeure unforeseeable at the time the contract was concluded, both Cologne Guide and the customer may terminate the contract. If the contract is terminated for this reason, Cologne Guide may demand compensation for services already rendered, but not the agreed fee payment.

 

7. Liability of Cologne Guide

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7.1 Within the scope of the duty of care of a prudent businessman, Cologne Guide is liable for the conscientious preparation, the careful selection and monitoring of the service providers, the correctness of the service description and the proper provision of the contractually agreed services. Cologne Guide is not liable for the provision of possible transportation services. The conditions of carriage of the respective companies apply here. Cologne Guide is not liable for service disruptions in the case of third-party services for these special events. In the event of culpable breach of contract with regard to main contractual obligations or in the event of culpable non-fulfillment of the contract, liability arising from the contract for damages other than bodily injury is limited to a maximum of the agreed fee, provided that Cologne Guide has not caused damage to the customer either intentionally or through gross negligence. In the event of a merely negligent breach of duty with regard to other material damage by Cologne Guide or by a vicarious agent, liability is limited to the foreseeable damage typical for the contract. The assertion of further claims against Cologne Guide with regard to contractual breaches of principal obligations is excluded.

 

7. 2 Participation in the brewery tour as well as the journey to the meeting point and departure from the destination is at the customer's own risk and peril. The customer is hereby advised that a generally good state of health is required to participate in the city tour.

 

7. 3 Insofar as Cologne Guide concludes contracts with third parties in fulfillment of the contract on behalf of the customer, Cologne Guide's contractual activity is limited to the selection of the relevant contractual partner and the conclusion of the corresponding contract in compliance with the limits set out in this contract. In particular, Cologne Guide is not obliged to monitor the execution of such contracts itself. Such third parties commissioned by Cologne Guide are not vicarious agents of Cologne Guide.

 

8. Miscellaneous

 

All information in Cologne Guide brochures or other media (e.g. Cologne Guide homepage) is published subject to legal and official regulations. The details given are correct at the time of publication. No liability is accepted for any printing or calculation errors. Cologne Guide reserves the right to change offers and prices at any time.

 

Where necessary, your data will be stored electronically in accordance with the provisions of data protection legislation. The customer expressly waives separate consent. Passing on, reproducing or using the Cologne Guide event documents - whether for private or business purposes - requires express written consent. Audio and video recordings of the guided tours are not permitted.

 

9. Severability clause

 

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.

 

10. Place of jurisdiction

 

In the event that, despite all efforts, a legal dispute should be necessary, the following applies to the place of jurisdiction:

The customer can only sue Cologne Guide at its registered office (Cologne). For legal action by Cologne Guide against the customer, the customer's place of residence is decisive.

 

11. Information obligations according to § 36 and 37 VSBG (Consumer Dispute Settlement Act)

 

We do not participate in dispute resolution proceedings before a consumer arbitration board. However, the law on alternative dispute resolution in consumer matters requires that we nevertheless inform you of a consumer arbitration board responsible for you:

 

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.

Strassburger Str. 8

77694 Kehl

Internet: www.verbraucher-schlichter.de

 

Status: February 2024