1. Scope – Events
These Standard Business Terms apply to attendance at all events offered or arranged by Freiburg Kultour.
2. Contract conclusion
A contract is concluded upon request of the customer and corresponding confirmation by Freiburg Kultour GmbH. Confirmation is provided in writing. This is normally done by email.
3. Payment terms
- The customer is obliged to pay the agreed price for a booked event.
- An invoice will be issued by Freiburg Kultour GmbH at the same time as the contract is concluded. The invoiced amount is due for payment after receipt of the invoice and no later than the beginning of the event.
- There is no longer any right to hold the event if the contractual price is not paid at the time referred to above and has likewise not been paid prior to the event. Freiburg Kultour GmbH may demand reimbursement of any expenses it has incurred.
- Freiburg Kultour GmbH charges a handling fee of € 25 for third-party services (such as museum visits, admissions, catering, etc.) per service. This fee is also due if the booked third-party service is subsequently cancelled by the customer or if it does not take place for other reasons for which Freiburg Kultour GmbH is not responsible. Likewise, the fee is due if the customer cancels the entire booking.
- Freiburg Kultour GmbH does not include VAT on invoices as it is acting on behalf of our tour guides who fall within the scope of the small enterprise rule (section 19 VAT Act). Accordingly, prices are stated as net prices. VAT is shown for third-party services that are subject to VAT and that we book on behalf of the customer as well as for our handling fees.
- Freiburg Kultour will send an electronic invoice on request if the customer wishes to pay by VISA, MASTERCARD or PAYPAL instead of bank transfer. An additional fee of 3% will be due in such cases.
- Cash payments are generally not accepted.
4. General terms and conditions for events
- The maximum group size is 25 persons for all city and cathedral tours as well as special interest tours as described on our website: Freiburg-Kultour.com.
- In the case of guided tours for school classes and groups of schoolchildren, the maximum group size is 25 persons. Teachers and accompanying persons count.
- For cathedral tours, the maximum group size according to the regulations of Freiburg Cathedral is 20 people. Freiburg Kultour cannot guarantee guided tours of the cathedral, as the cathedral is a place of worship and church services, concerts and similar events scheduled at short notice have priority over guided tours in all cases. Freiburg Kultour GmbH may offer the customer the following suggested solutions in such cases:
a. An alternative date will be arranged on which the tour will be conducted as booked.
b. Instead of a guided tour of the cathedral, a guided tour of the city will be conducted with reimbursement of the difference in price.
c. The customer may cancel the contract and will receive a refund of the event price.
- Freiburg Kultour GmbH reserves the right to charge a fee of €25.00 for the labour-intensive process of preparing programmes for excursions. This amount will be deducted from the total price when the booking is made. This fee is due upon receipt of the invoice if no booking is made.
- The scope of the contractual services is based on the performance specification provided by Freiburg Kultour GmbH; ancillary agreements must be confirmed in writing by Freiburg Kultour GmbH.
- We are not liable for any changes in the services we arrange through third-party providers, particularly in terms of implementation and price increases.
5. Cancellation and termination by the customer (does not apply to public tours)
- The customer may cancel the contract at any time before the start of the event by submitting a written statement which may also be sent by email.
- Cancellation is effective on the day on which written notice of cancellation is received by Freiburg Kultour GmbH.
- If the customer cancels the contract, Freiburg Kultour GmbH may demand appropriate compensation for any preparatory work and expenses it has incurred. Without limitation, this includes the fees for tour guides, services rendered by third parties and hours already worked. The amount of compensation is determined by the event price less the amount of saved expenses. Based on this, compensation to be paid in the event of cancellation is as follows:
- Up to the 3rd day before the beginning of the event: 0%
- From the 2nd day before the beginning of the event: 100%
- No refund of the event price will be made in cases where the event goes unattended in whole or in part without notice of cancellation or termination.
6. Cancellation and termination by Freiburg Kultour GmbH
Freiburg Kultour GmbH may cancel the contract, or terminate the contract following the commencement of performance, if good cause supports such cancellation or termination. This is particularly the case in the following circumstances:
- Notwithstanding a prior warning by the tour guide/tour leader, the customer disturb the event to such an extent that the tour guide/tour leader cannot reasonably be expected to continue the event. Freiburg Kultour GmbH remains entitled to receive the event price less amounts credited to it by the service providers.
- Without prior notification, the customer appears with more persons than the defined maximum group size for the relevant event as set out in these Standard Business Terms. The tour guide/tour leader has the right to refuse to carry out the event. Freiburg Kultour GmbH remains entitled to receive the event price less any third-party services it has saved. This rule is based on commitments on the part of Freiburg Kultour GmbH, as official partner of the City of Freiburg, contained in the cooperation agreement with the City of Freiburg in which the maximum group size is defined.
- The customer appears at an event more than 45 minutes later than agreed.
- The event is rendered significantly more difficult, endangered or negatively affected by a
force majeure event that was not foreseeable at the time the contract was concluded. Freiburg Kultour GmbH reserves the right to terminate the contract for good cause in the event of a weather warning issued by the German Weather Service (Deutscher Wetterdienst) for warning level 4 and above. In such cases, the customer will be refunded any of the contract price already paid without delay.
- Unforeseeable loss of a service provider or an essential service for which Freiburg Kultour GmbH is not at fault but which affects the specific performance concerned. In such cases, the customer will be refunded any of the contract price already paid without delay.
7. Liability for defects and damages
- Freiburg Kultour GmbH provides services in the field of cultural entertainment. Accordingly, it is liable for providing the agreed scope of services, however such liability is limited to typically attendant damages.
- Liability for damages on the part of Freiburg Kultour GmbH, as well as that of the tour guides, is limited to cases of a wilful or grossly negligent breach of duties. The foregoing does not apply to liability for culpable injury to life, limb or health.
8. Exclusionary period
Claims for non-performance, claims based on the provision of services that do not conform to the contract, must be submitted in writing to Freiburg Kultour GmbH within one month of the end of the event.
9. Pictures and audio recordings
Filming, photographing and audio recordings of tour guides are prohibited, including for personal use, without the express permission of Freiburg Kultour GmbH or the respective tour guide. Violations may be prosecuted.
10. Data protection
Freiburg Kultour GmbH collects, processes and uses the customer’s personal data for the purpose of creating, holding and completing the event as well as for additional customer service. The personal data of customers will not be shared with third parties.
11. Legal venue
- The place of performance and payment is Freiburg im Breisgau unless otherwise stated in the contract.
- The law of the Federal Republic of Germany shall apply.
- The place of local jurisdiction is Freiburg im Breisgau.