General terms and conditions of business · k3.de
With your reservation you declare your knowledge of the General Terms and Conditions of k3 stadterlebnisse GmbH & Co. KG and explicitly declare your agreement with them. k3 stadterlebnisse GmbH & Co. KG reserves the right to change these terms and conditions at any time without giving reasons. Such changes do not apply to bookings that have already been made.
1. Scope of validity
1.1 The following General Terms and Conditions apply to all business relationships with k3 stadterlebnisse GmbH & Co. KG, hereinafter referred to as k3 stadterlebnisse. k3 stadterlebnisse and k3 are trademarks of k3 stadterlebnisse GmbH & Co. KG.
2. Booking
2.1 Each booking is made exclusively in accordance with the General Terms and Conditions of k3 stadterlebnisse valid at the time of booking.
2.2 Bookings can be made verbally or in writing.
2.3 The sole contractual partner of k3 stadterlebnisse is exclusively the booker specified in the booking, who at the same time assumes liability for all participants and is responsible for payment of the total price due.
2.4 Bookings become binding with a written “booking confirmation” or with the handover of a ticket or voucher from k3 stadterlebnisse in person, by e-mail, by fax or by post.
2.5 For event bookings, a valid address and mobile phone number must be provided at which an event participant can be contacted prior to the event.
2.6 It is the customer’s responsibility to ensure that e-mails/letters or faxes are received at the address provided at the time of booking and to enquire about the processing status at the event office if there is no or apparently no response.
2.7 The cancellation deadline is the date up to which guided tours can be cancelled free of charge.
2.8 Business customers receive our services and our business customer service in accordance with the terms and conditions available at k3.de/geschaeftskunden.
2.9 Bookers are deemed to be business customers as soon as the invoice is issued to a company.
2.10 The customer agrees that k3 stadterlebnisse GmbH & Co. KG may refer to the customer as a reference customer after an event has been held. This authorisation can be prohibited by the customer upon written request, subject to a one-month notice period, with effect for the future.
3. Private events, also known as flexible bookings
3.1 Private events, also known as flexible bookings, are events that are organised and held exclusively for the customer making the booking. Exclusively organised events for business customers are also expressly referred to as private events – in the sense of without participating third parties.
3.2 Event fees are based on the number of participants stated at the time of booking.
3.3.1 The k3 stadterlebnisse event office must be informed of any changes to the number of participants prior to the event without being asked so that the invoice can be adjusted prior to invoicing if necessary.
3.3.2 In the case of changes to the number of participants for murder mystery nights, beer tours, Advent tours and culinary city tours, the notification of change must be received by k3 stadterlebnisse at least two days before the start of the event.
3.3.3 Notifying our guides and moderators of changes to the number of participants is not advisable and cannot be taken into account when invoicing.
3.3.4 A change in the number of participants does not lead to a reduction or cancellation of the number of individual events, guides or moderators.
3.4 The customer’s billing address will be submitted to the customer for verification with the booking confirmation for the event so that any necessary changes to the billing address can be made before the invoice is issued.
3.5 k3 stadterlebnisse shall issue invoices three days after the date of the event.
3.6 k3 stadterlebnisse charges a flat rate of €10.00 for changes to invoices already issued at the customer’s request.
3.7 For flexible bookings made from the sixth day before the tour, k3 stadterlebnisse will charge a late booking fee of €20.00.
3.8 The employees of k3 stadterlebnisse are obliged to wait 20 minutes at the meeting point for flexible bookings.
3.9 If the customer does not appear at the agreed meeting point after 20 minutes, this will be treated as a cancellation of the event by the customer.
3.10 If a guide/facilitator is waiting for guests at the time agreed in writing, the duration of the event shall be reduced by the waiting time.
3.11 If the customer does not turn up or does not utilise parts of the services, k3 stadterlebnisse is entitled to charge the full fee.
4. Rebookings of private events, also known as flexible bookings
4.1 The k3 stadterlebnisse team will try to implement rebooking requests wherever possible, although it is not possible to rebook the day of the event after the cancellation deadline has been exceeded.
4.2 Changes to the meeting point or time are subject to a charge once the cancellation deadline has been exceeded.
4.3 Rebooking fees are charged per rebooked group or per rebooked guide/facilitator.
4.4 There is no entitlement to a rebooking.
4.5 If, at the customer’s request, a guide or k3 stadterlebnisse agrees to organise a different event format than originally booked and confirmed at short notice, this shall constitute a concession on the part of k3 stadterlebnisse, which shall not entitle the customer to a refund of partial services, services not provided or an extension of the service period.
5. Cancellations of private events, also known as flexible bookings
5.1 Special events with different cancellation conditions include flexible bookings for murder mystery nights, beer tours, culinary city tours and events for which cancellation conditions other than those listed below are stated in the booking confirmation.
5.2 With the exception of special events (see 5.1), cancellations of flexible bookings are free of charge up to the seventh day before the agreed date of the event.
5.3 If flexible bookings are cancelled within six days of the event date, the Organiser shall charge a cancellation fee of 50% of the fee, with the exception of special events (see 5.1).
5.4 Cancellations of special events (see 5.1) are free of charge up to 14 days before the agreed date of the event, unless other cancellation conditions are stated in the booking confirmation.
5.5 For cancellations of special events (see 5.1) within 13 days before the event date, the Organiser shall charge a cancellation fee of 50% of the fee, unless other cancellation conditions are stated in the booking confirmation.
5.6 If flexible bookings are cancelled on the day of the event or in the event of a no-show, k3 stadterlebnisse will charge the full fee.
5.7 Decisive for a timely cancellation or the amount of the cancellation fee is the date of receipt of the cancellation by k3 stadterlebnisse; the customer must provide proof of this.
5.8 Cancellations shall only become binding upon written confirmation of cancellation by k3 stadterlebnisse by e-mail, fax or post.
6. Tickets / Public events for individual guests
6.1 Public events for individual guests are events for which tickets are offered.
6.2 It is not possible to reserve tickets.
6.3 Events for individual guests begin precisely at the time stated on the ticket. In the interest of punctual customers, the organiser will not wait for late participants, even if a customer announces their delay to the event office.
6.4 Routes may vary in the interest of participating customers, due to local conditions and depending on the guide. For this reason, k3 stadterlebnisse will not inform late participants at events for individual guests of any routes to catch up with a group that has already departed.
6.5 In the case of events for individual guests, failure to arrive punctually at the meeting point will result in the loss of the right to participate in the event without entitlement to a refund.
6.6 The guides of k3 stadterlebnisse are entitled to exclude guests from participating in tours in the event of undesirable behaviour (e.g. being under the influence of alcohol or disturbing the tour). The ticket price will not be refunded in this case.
7. Tickets from event partners
7.1 Events that are offered by third parties via the booking system of k3 stadterlebnisse are labelled on the booking website of the event and on the ticket with the address of the respective event organiser.
7.2 The company k3 stadterlebnisse acts merely as an agent for events organised by third parties by selling the tickets in the name and for the account of the respective partner and delivering them to the purchaser.
7.3 The event contract for the use of the services offered by the organiser is concluded directly between the purchaser and the organiser in whose name k3 stadterlebnisse sells the tickets.
7.4 k3 stadterlebnisse is not itself a party to the event contract concluded between the organiser and the purchaser.
7.5 The fulfilment of the obligations arising from the event contract is exclusively between the organiser and the purchaser.
7.6 Only the processing of the payment of the agreed ticket prices by the buyer to the organiser is carried out by k3 stadterlebnisse.
8. Cancellation of tickets
8.1 Tickets for participation in events for individual guests cannot be exchanged, returned or refunded. As a precautionary measure, we would like to point out that the right of cancellation for distance selling contracts does not apply to our events due to the statutory provisions in Section 312g (2) No. 9 German Civil Code, because the ticket purchase provides for the provision of our services on a specific date.
9. Vouchers
9.1 The period of validity printed on the voucher shall apply. Only events whose event date falls within the validity period of the voucher can be booked.
9.2 Vouchers will only be authorised for redemption after receipt of payment has been verified.
9.3 The payment of voucher values or remaining voucher values and the redemption of vouchers for vouchers are excluded.
9.4 k3 stadterlebnisse is not responsible for lost or stolen vouchers.
9.5 Promotional codes and promotional discounts cannot be combined with vouchers.
10. Cancellation of vouchers
10.1 Vouchers cannot be exchanged, returned or refunded.
11. Bicycle rental
11.1 Bicycles will be issued at the meeting point specified in the booking confirmation.
11.2 When collecting bicycles, the identity card of the person collecting the bicycle must be presented. If the person collecting the bicycles is unable to identify themselves, the bicycles cannot be issued and the service is deemed not to have been utilised by the customer. Non-utilisation of the bicycles does not release the customer from paying the rental fee.
11.3 Participation in bicycle tours is possible from the age of 12.
11.4 The booker or his representative (collector) named in the booking confirmation is obliged to ensure that the bicycle and accessories provided to him are safe to use before starting the journey and to use the bicycle only for its intended purpose in public traffic areas and on marked cycle paths. It must be parked in a roadworthy manner and properly locked. The booker or his/her representative (collector) named in the booking confirmation confirms at the start of the journey that he/she has been sufficiently instructed in the operation of the bicycle and the safety precautions to be observed. At the start of the journey, the booker or his/her representative (collector) named in the booking confirmation confirms that he/she has satisfied him/herself that the bicycle or accessories are free of defects. Later complaints about defects already recognisable at the time of handover cannot be accepted.
11.5 An extension of the hire period is only possible after prior agreement. For the extended rental period (in days), a rental fee of € 10.00 per day will be charged. An additional processing fee of € 5.00 per bicycle will be charged for any unauthorised extension of the rental period. Further claims by k3 stadterlebnisse (e.g. securing and collecting the bicycle, replacing the bicycle lock, etc.) remain unaffected by this.
11.6 If the bicycle is returned earlier, for whatever reason, the proportionate hire price will not be refunded.
11.7 k3 stadterlebnisse must be informed immediately in the event of a traffic accident or any other damaging event or if the bicycle is lost or damaged. At the same time, the nearest police station must be contacted to record the accident or report a criminal offence.
11.8 If a key is lost, k3 stadterlebnisse may provide a replacement key at its own discretion. If a replacement key is provided, a travel fee of at least €20.00 will be charged, which must be paid in cash on site after the replacement key has been handed over.
11.9 There is no legal entitlement to the provision of a replacement key.
11.10 In all other respects, the provisions of tenancy law in §§ 535 ff. German Civil Code apply.
12. Cancellation of bike rentals
12.1 If the bike hire is shown separately in the booking confirmation and the bike hire is not part of an all-inclusive offer (e.g. a bike tour in Münster with bike hire included), the booker is entitled to rebook or cancel bike bookings free of charge up to one week before the first day of hire. Thereafter, k3 stadterlebnisse will charge 50% of the hire price. In the event of cancellation from the first day of hire or non-use of the hire bikes or part of the hire bikes, k3 stadterlebnisse will charge 100% of the hire price.
13. Execution
13.1 k3 stadterlebnisse undertakes to organise events in all weathers, provided that the safety of the participants does not appear to be at risk. In the event of a risk, the decision to hold the event lies with the respective freelance employee of k3 stadterlebnisse on site.
13.2 There is no entitlement to the provision of services by a specific guide/moderator, even if a specific name is mentioned in the booking confirmation.
13.3 The guides and moderators of k3 stadterlebnisse are authorised to adapt the content and stations of an event to the local and temporal conditions at short notice.
13.4 There is no legal entitlement to visit individual stations mentioned in the event description.
13.5 In the Hall of Peace in Münster, we are obliged by order of our partner, the City of Münster, to include all visitors who are in the Friedenssaal in our guided tours, as guests cannot receive information via a tape recorder at the time of our visit.
13.6 In the event of the guide falling ill at short notice, k3 stadterlebnisse will endeavour to organise another city guide as a replacement. If this is not possible, payments already made will be converted into vouchers or refunded on request.
14. Methods of payment
14.1 k3 stadterlebnisse offers customers payment by bank transfer, credit card or PayPal payments.
14.2 Payments by crossed cheque are excluded.
14.3 The customer undertakes to make payments exclusively using the payment methods offered by k3 stadterlebnisse.
14.4 The customer shall bear all costs incurred by k3 stadterlebnisse due to payment methods not authorised by k3 stadterlebnisse. k3 stadterlebnisse shall pass on these costs plus a processing fee of €10.00 to the customer.
14.5 Fees incurred by bank transfers shall be borne exclusively by the customer. If fees are incurred by k3 stadterlebnisse as a result of bank transfers initiated by the customer, these will be passed on to the customer by k3 stadterlebnisse plus a processing fee of €10.00.
14.5 Fees incurred by k3 stadterlebnisse due to unlawful challenges to direct debits shall be borne exclusively by the customer. k3 stadterlebnisse shall pass on these costs plus a processing fee of €10.00 to the customer.
14.6 Credit card debits will be labelled “Online Shopping Muenster”.
15. Liability
15.1 Travelling to the agreed date and meeting point is the sole responsibility of the customer.
15.2 k3 stadterlebnisse is not liable for the consequences of force majeure.
15.3 If services are not utilised as a result of premature return or for other compelling reasons, the customer is not entitled to a refund.
15.4 k3 stadterlebnisse is not liable for event bookings or ticket bookings that have not been read but confirmed, e.g. e-mails declared as spam by the customer’s e-mail provider.
15.5 Persons responsible for supervision must also fulfil their duty of supervision during booked events.
15.6 The customer is liable for any damage to objects carried by him or by participants in his group during the tour and for the loss of objects carried.
15.7 Participation in events (including by bicycle) is at the customer’s own risk.
15.8 The booker is liable to k3 stadterlebnisse for all damage to vehicles occurring after handover to him or to participants in his group, irrespective of whether a third party is responsible for this.
15.9 k3 stadterlebnisse is only liable for damage caused as a result of a lack of operational safety of one of its vehicles in the event of gross negligence or intent on the part of one of its vicarious agents.
15.10 The organiser, its legal representatives and vicarious agents as well as the guides and moderators shall only be liable for damages, irrespective of the legal grounds, within the framework of the statutory provisions in the event of their own intentional or grossly negligent actions.
15.11 The liability of k3 stadterlebnisse is limited to the fulfilment of the agreed scope of services and is financially limited to the amount of the agreed fee. This limitation of liability does not apply to damages resulting from injury to life, body or health that are based on an intentional or grossly negligent breach of duty by k3 city experiences or a representative or vicarious agent, guide or moderator.
15.12 k3 city experiences is not liable for personal injury or damage to property in connection with services that are merely arranged as third-party services (e.g. rental bicycles, theatre and exhibition visits, hotel accommodation, catering, transport services to and from the advertised departure and destination, etc.) if these services are expressly and clearly identified as third-party services in the booking confirmation, stating the contractual partner that arranged them, so that they are clearly not part of the contractual services.
15.13 k3 stadterlebnisse accepts no liability whatsoever for damage caused by failure to follow the guide’s instructions.
15.14 Liability for driving errors by the customer on vehicles provided by k3 stadterlebnisse or generally through their use is excluded.
15.15 Every user of the vehicles provided by k3 stadterlebnisse bears civil and criminal liability for personal injury, property damage and financial loss caused by him or the vehicle he is driving.
15.16 Persons suffering from physical ailments or under the influence of alcohol, drugs or medication are not permitted to use hired vehicles. The particular danger to persons with heart problems and high blood pressure is expressly pointed out.
15.17 Any assignment of claims by the customer against k3 stadterlebnisse is excluded. The judicial assertion of claims by the customer by third parties in their own name is also not permitted.
16. Place of jurisdiction
16.1 The place of jurisdiction is Münster.
17. Final provision
17.1 The possible invalidity of individual contractual provisions shall not affect the validity of the remaining provisions. The parties shall replace ineffective provisions with effective provisions that come closest to the economic intent. In the event of a gap in the contract, the parties shall agree on the provision that they would have agreed on had they been aware of the gap.
