§ 1 Scope, definitions
The following general terms and conditions apply to the business relationship between Kultourissimo, owner Inge Hoffmann-Vaz, (hereafter "provider") and the customer (hereafter "customer"), are valid at the time the contract is concluded. Any varying conditions are not recognized unless the provider agrees to their validity in writing. The customer is a consumer, if the purpose of the goods and services ordered cannot be attributed to the customer's trade, business or profession. In contrast, an entrepreneur is any natural or legal person or unincorporated organization that trades in their commercial or independent professional capacity when concluding the contract.
§ 2 Contractual agreement/booking
Your oral or written application is made on the basis of a Kultourissimo offered theme tour or tour package. Upon receipt of your registration you will receive a written confirmation. This is binding on both parties. The contractual relationship shall be effective upon declaration of acceptance in the form of written confirmation from the provider.
§ 3 Contractual services
Contractual services owed by the provider to the customer are implied by the binding registration confirmation. Special arrangements require explicit confirmation.
§ 4 Prices
Unless otherwise stated in the registration confirmation, the tour prices include the tour guide and any entrance fees. Travel costs and restaurant meals are charged separately as a rule. All prices are inclusive of applicable taxes. Any alterations to the services designated in the binding registration confirmation which were subsequently found to be necessary and which were brought in good faith, are only permitted if they do not significantly effect the scope and content of the tour.
§ 5 Payment conditions
Payment for each tour is due upon receipt of confirmation and is payable at the latest at the start of the tour.The price can either be pre-paid into the bank account specified in the confirmation of registration or be paid at the beginning of the tour in cash. Credit and debit cards are not accepted. A bank transfer or deposit slip must be submitted where funds have been remitted in advance. If the agreed price is not fully paid up at the beginning of the tour and no prior written cancellation or postponement has been agreed, the provider is entitled to withdraw from the contract immediately and cancel the planned tour. In this case, the customer is entitled to any compensation according to law.
§ 6 Cancellation, change
Rebooking or cancellation of the booked trip by the customer must be made at least 24 hours before tour departure and in writing. Decisive for the rebooking and cancellation option of the customer is the receipt of the written modification or cancellation by the provider. Proof of sending written rebooking or tour cancellation lies with the customer. If the cancellation or rebooking is less than 24 hours before the start of the tour, the previously agreed total tour price must be paid.
§ 7 Insurance
Insurance is not included in the price of tours and is also not offered. The liability (§ 9 of these Terms and Conditions) of the provider under the statutory provisions shall remain unaffected.
§ 8 Cancellation by the provider
If the provider cannot conduct a tour due to illness or adverse weather traffic conditions, the tour can be cancelled by the provider before the start. In this case, a replacement tour or an alternate date will be offered. If the stomer cannot particpate in an alternative tour offered by the provider, the provider shall return the paid price of the tour immediately.
§ 9 Liability
Customer claims for compensation are excluded. This excludes damage claims of the customer from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his/her legal representatives or agents. Material contractual obligations are those whose performance is necessary to achieve the objective of the contract. Provider liability arising from violation of essential contractual obligations shall be limited to typical, foreseeable damage when it was caused by negligence, except where it concerns a damage claim of the customer for injury to life, body or health. The limitations of paragraphs 1 and 2 also apply to the legal representatives and agents of the provider, if claims are asserted directly against them. Each participant is required to assess his or her physical capabilities in view of the demands of a tour. Information on specific conditions of a tour (eg challenging climbs of the Western Wall tour or special climatic conditions in the bunkers of the Maginot Line) are in the tour description and the binding registration confirmation.
§ 10 Termination by the provider for good cause
The provider can terminate a tour before or during its performance for an important reason. Such an important reason is when a tour participant's conduct persistently disrupts, or disturbs the tour schedule, despite notice or warning by the provider. In event of such termination, the provider reserves the right to retain the full tour price. In the interests of all, including future tour participants, customers are expected, for example, to comply with existing bans on photography and to behave appropriately in accordance with the respective events.
§ 11 Warranty
The warranty obligation of the provider is governed by the statutory provisions. If the tour is not provided as per the contract, the customer may claim remedy. The provider may also provide the remedial action by offering an equivalent replacement service. The provider can refuse a remedy if it requires a disproportionate effort. The customer may refuse the remedy if its adoption is unsuitable.
§ 12 Final Provisions
In any contract between the provider and the customer, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention. Where the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the jurisdiction of the provider. The contract shall remain binding even when individual items are legally invalid. Any invalid items can be replaced, where available, by legal regulations. As far as this would constitute an undue hardship for a party to the contract, the contract will become as a whole invalid.
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