Terms and Conditions

§ 1 Scope of Application – Purpose of the Event

The General Terms and Conditions (GTC) apply to participation in all events organized by Freiburg Kultour.

§ 2 Conclusion of the Contract

The agency agreement is concluded upon the customer’s request and following confirmation by Freiburg Kultour GmbH. Confirmation is provided in writing, usually by email.

§ 3 Terms of Payment

1. The customer is obligated to pay the price agreed upon for the event arranged through the agency.
2. Freiburg Kultour GmbH will issue an invoice upon the conclusion of the contract. The invoice amount is due upon receipt of the invoice, no later than the start of the event.
3. If the contract price is not paid by the specified dates, and if it has not been paid by the start of the event, the right to hold the event shall no longer exist. Freiburg Kultour GmbH may then demand reimbursement for any expenses incurred.
4. For the booking of third-party services (such as museum visits, admission fees, dining, etc.), Freiburg Kultour GmbH charges a processing fee of 5% (minimum €25) plus VAT per third-party service. This fee is due even if the booked third-party service is subsequently canceled by the customer or does not take place for other reasons beyond the control of Freiburg Kultour GmbH.
   The fee is also due if the customer cancels the entire order. Value-added tax is charged on third-party services subject to VAT that we book on behalf of the customer, as well as on our processing fees.
5. For guided tours that begin after 6:00 p.m., we charge a late-night surcharge of €5.
6. Freiburg Kultour GmbH does not include VAT on its invoices, as we act as an intermediary on behalf of our tour guides, who are subject to the small business exemption (§19 UstG). Therefore, the prices are net prices. VAT is shown for third-party services subject to VAT that we book on behalf of the customer, as well as for our processing fees.
7. If the tour guide arranged through us falls under the small business exemption (§19 UstG), Freiburg Kultour GmbH will not include VAT on the invoices. In all other cases, VAT is shown.
   This means that the prices listed on the freiburg-kultour.com website are net prices.
8. If the customer prefers to pay by VISA, MASTERCARD, or PAYPAL instead of by bank transfer, Freiburg Kultour will send an electronic invoice upon request. In this case, an additional fee of 3% plus sales tax of the invoice amount will apply. In such cases, the sales tax will be shown on the invoice.
9. Cash payments are generally not accepted.

§ 4 General Provisions for Events

1. The maximum group size is 25 people for all city and themed tours as described on our website, Freiburg-Kultour.com.
2. For guided tours for school classes and student groups, the maximum group size is 25 people. Teachers and chaperones are included in this count.
3. For cathedral tours, the maximum group size, as stipulated by the Freiburg Cathedral, is 20 people. Freiburg Kultour cannot guarantee guided tours of the cathedral, as it is a place of worship and last-minute services, concerts, and similar events always take precedence over guided tours. In such cases, Freiburg Kultour GmbH offers the customer the following solutions:
   a. An alternative date will be arranged on which the tour will take place as booked.
   b. A city tour will be conducted instead of a cathedral tour, with a refund of the price difference
   c. The customer may cancel the contract and will receive a refund of the tour price.
4. Freiburg Kultour GmbH reserves the right to charge a fee of €25 for the time-consuming preparation of excursion itineraries; this fee will be applied to the total price if a booking is made. If no booking is made, this fee will be due upon issuance of the corresponding invoice.
5. The scope of the contractual services is set forth in the service description provided by Freiburg Kultour GmbH; any supplementary agreements must be confirmed in writing by Freiburg Kultour GmbH.
6. We are not liable for any changes to services provided by third-party providers that we arrange, particularly with regard to service delivery or price increases.

§ 5 Cancellation and Termination by the Customer (does not apply to public tours)

1. The customer may withdraw from the agency agreement at any time prior to the start of the event by providing written notice, including via email.
2. The resignation takes effect on the date Freiburg Kultour GmbH receives the letter of resignation.
3. If the customer withdraws from the contract, Freiburg Kultour GmbH may demand reasonable compensation for the arrangements made and expenses incurred. This includes, in particular, the tour guides’ fees, services provided by third-party vendors, and the time worked. The amount of compensation is determined based on the event price, less the value of any expenses saved. Accordingly, the compensation payable in the event of withdrawal is as follows:
   • Through the 3rd day before the event begins: 0%
   • Starting on the second day before the event begins: 100%
4. If the event is not attended or is attended only partially without a notice of withdrawal or cancellation, no refund will be issued.

§ 6 Withdrawal and Termination by Freiburg Kultour GmbH

Freiburg Kultour GmbH may withdraw from the contract or terminate it after it has taken effect if there are grounds that justify such withdrawal or termination. This applies in particular in the following cases:

1. The customer disrupts the event—despite a prior warning from the tour guide—to such an extent that it is unreasonable to expect the tour guide to continue conducting the event. Freiburg Kultour GmbH retains the right to claim the event fee, less any amounts credited to it by the service providers.
2. If the customer arrives unannounced with more people than the maximum group size specified in these Terms and Conditions, the tour guide has the right to refuse to conduct the event. Freiburg Kultour GmbH retains the right to charge the event fee, less the cost of any third-party services that were not utilized. This provision stems from Freiburg Kultour GmbH’s obligation, as an official partner of the City of Freiburg, to comply with the cooperation agreement with the City of Freiburg, which specifies the maximum group sizes.
3. The customer arrives at the event more than 45 minutes later than agreed.
4. The event is significantly complicated, endangered, or impaired by force majeure that could not have been foreseen 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 at warning level 4 or higher. In this case, the customer will be promptly refunded the contract price already paid.
5. Unforeseeable failure of a service provider or a material service for which Freiburg Kultour GmbH is not responsible, but which affects the specific, objective service. In this case, the customer will be promptly refunded the contract price paid.

§ 7 Liability for Defects and Damages

1. Freiburg Kultour GmbH provides services in the field of cultural entertainment. Accordingly, it is liable for the fulfillment of the agreed scope of services, but only to the extent of damages typically associated with such services.
2. With regard to claims for damages, the liability of Freiburg Kultour GmbH and the tour guides is limited to intentional or grossly negligent breaches of duty. This does not apply to liability arising from culpable injury to life, body, or health.

§ 8 Exclusion of Claims

Claims arising from non-performance or the provision of services not in accordance with the contract must be submitted in writing to Freiburg Kultour GmbH within one month after the end of the event.

§ 9 Image and Audio Recordings

Filming, taking photographs, and making audio recordings of tour guides is prohibited without the express permission of Freiburg Kultour GmbH or the respective tour guide, even for personal use.
Violations may result in criminal prosecution.

§ 10 Data Protection

Freiburg Kultour GmbH collects, processes, and uses the customer’s personal data for the purpose of arranging the event and for ongoing customer service. The customer’s personal data will not be disclosed to third parties.

§ 11 Jurisdiction

1. Unless otherwise specified in the brokerage agreement, the place of performance and payment is Freiburg im Breisgau.
2. The laws of the Federal Republic of Germany apply.
3. The place of jurisdiction is Freiburg im Breisgau.