General Terms of Business
By making a reservation, you declare that you are aware of the General Terms of Business of k3 Stadtführungen Heidelberg and are in agreement with them.
1. Area of Application
The following General Terms of Business apply to all business relationships with k3 stadtführungen Heidelberg, owner Lars Köllner, hereinafter “k3 stadtführungen Heidelberg”.
2. Registration and Booking
Each registration and booking is made solely on the basis of the then current version of the General Terms of Business of k3 stadtführungen Heidelberg.
2.1 Bookings of group tours can be made orally or in writing. A group tour is a tour for which the time is specified by the customer. Groups of just one person are possible. Group tours become binding when a written confirmation from k3 stadtführungen is sent by email, fax or mail. Group tours differ from tours for single persons in that tickets are offered for tours for single persons (see 2.3).
2.2 Bookings of individual tours can be made orally or in writing. An individual tour is a tour for one or more persons for which details of the tour differ from those of the tours offered on the website. Individual tours become binding when a written confirmation from k3 stadtführungen is sent by email, fax or mail.
2.3 Persons who wish to take one of the tours described in the website at one of the times stated there should buy a ticket at a booking office, in the website of k3 stadtführungen Heidelberg, or by telephone via the booking hotline. Thus the booking can be made orally or in writing. Ticket bookings become binding when a written confirmation from k3 stadtführungen is sent by email, fax or mail. Tickets cannot be reserved.
2.4 If a tour has a value of 500.00 € or more, the customer has to acknowledge receipt of the booking confirmation by email, fax or mail.
2.5 The customer is responsible for ensuring that emails sent to the email address stated in the booking are actually received. If no e-mail reply from k3 stadtführungen Heidelberg has been received, or none seems to have been received, the customer must ask the tour office for clarification in time for the tour or in time for the tour to be cancelled free of charge. k3 stadtführungen Heidelberg assumes no liability for confirmed tour bookings which have not been read, perhaps because the customer’s email provider treated the confirmation as spam.
Vouchers for the offers of k3 stadtführungen Heidelberg can be ordered from participating ticket offices, via the online booking form, or by telephone via the booking hotline. The validity period printed on the voucher applies. Vouchers are not released for redemption until payment has been received. They can be redeemed for a service of k3 stadtführungen at any of the participating ticket offices, when reservations are booked via the website of k3 stadtführungen Heidelberg, or by telephone or email at k3 stadtführungen Heidelberg by stating the voucher code. Payouts of voucher values or residual values and redemption of vouchers for vouchers are barred. k3 stadtführungen Heidelberg is not liable for lost or stolen vouchers.
4. Participation and Execution
4.1 k3 stadtführungen Heidelberg agrees to conduct tours regardless of the weather unless the safety of the participants appears to be endangered. In such a case it is the freelance employee of k3 stadtführungen Heidelberg who will decide on location whether the tour should be conducted.
4.2 Participants do not have a right to performance by a particular guide.
4.3 The guides of k3 stadtführungen Heidelberg are entitled to adapt on short notice the stops and contents of the tours to time factors and local circumstances.
4.4 Participants do not have a right to visits of particular stops mentioned in the tour description.
Except as otherwise indicated, the prices stated are net prices (i.e. without VAT). The prices can be inferred from the descriptions of the services. Private customers for whom the invoice is not issued to a company or an institution receive the services of k3 stadtführungen Heidelberg at the stated net prices plus the applicable VAT. When individual and group tours are booked, the prices stated in the written confirmation from k3 stadtführungen Heidelberg are binding.
6. Payment and Invoice
6.1. Tickets for individuals. Payment for tour tickets which give individuals the right to participate in open tours (see 2.3) is made by one of the means of payment offered by the ticket office in question. A valid address is to be stated when booking a tour.
6.2. In the cases of group tours (see 2.1) and individual tours (see 2.2), k3 stadtführungen Heidelberg issues an invoice at the end of tour. This invoice is to be paid without the use of cash. A valid address is to be stated when booking the tour. The booking confirmation for the tour will state the customer’s invoice address for the customer to check so that any necessary changes to the customer’s invoice address can be made before the invoice is actually issued. Changes in the number of participants can be reported to the tour office of k3 stadtführungen Heidelberg by telephone or email up to one day after the tour so that the invoice data can be can be adjusted before the invoice is actually issued. If the customer requests any changes to an invoice that has already been issued, k3 stadtführungen will collect a service charge of 10.00 €.
6.3 Payments by check for deposit only are not accepted.
6.4 All charges for cash transfers to our account from outside the European Union must be borne by the customer. We offer the customer the options of paying by credit card or PayPal.
7. Rebooking and Cancellation
7.1 Changes to the meeting place or time of day that can be made are made free of charge up to the seventh day before the agreed date of the tour. Afterwards, k3stadtführungen Heidelberg charges 20.00 € for such changes. The customer does not have a right to implementation of change requests.
7.2 Group tours (see 2.1) can be cancelled free of charge up to the seventh day before the agreed date of tour. Cancellations are binding only on the basis of a written confirmation of cancellation from k3 stadtführungen sent by email, fax or regular mail. The customer is responsible for requesting a confirmation of cancellation from k3 stadtführungen Heidelberg in time. If a group tour is cancelled fewer than seven days but at least one day before the tour, then k3 stadtführungen Heidelberg will charge a cancellation fee of 50% of the tour price, or 15.00 € if this amount is greater. If a group tour is cancelled on the day of the tour or if the group does not appear at the appointed time and place, then k3 stadtführungen Heidelberg will invoice the full amount.
7.3 Cancellations of individual tours (see 2.2) are governed by the individual terms of cancellation stated in the booking confirmation.
7.4 Vouchers and tickets for participating in tours for individuals cannot be exchanged, returned or reimbursed unless the tour to which the ticket refers will not or did not take place or k3 stadtführungen Heidelberg has not offered any tours since the voucher was acquired.
7.5 If the number of participants in a group or individual tour changes, k3 stadtführungen Heidelberg is to be informed on the customer’s initiative before the tour starts.
8. Waiting Times
Arrival at the agreed meeting place and time for a tour lies solely in the responsibility of the customer. Tours for individuals (see 2.3) begin at the times stated in the website. The guides for booked group tours (see 2.1) and booked individual tours (see 2.2) are obliged to wait for the participants for at least 20 minutes. The duration of these tours is shortened by the waiting time. If the customer does not appear at the agreed meeting place after 20 minutes, this will be treated as cancellation by the customer. If the customer does not appear or does not avail itself of all the services, k3 stadtführungen Heidelberg is still entitled to charge the entire fee.
In the context of this contract, k3 stadtführungen Heidelberg is not liable for the consequences of force majeure. If, due to return journey earlier than planned or other compelling reasons, the customer does not avail itself of services, the customer still does not have a claim to reimbursement. The customer is liable for all damages to and losses of objects brought along during the tour by the customer or members of the customer’s group.
k3 stadtführungen Heidelberg is liable for compensation for damages, whatever the legal grounds, only in the context of the statutory provisions in cases of k3 stadtführungen Heidelberg’s own intentional or grossly negligent acts. Insofar as damages are not brought about by k3 stadtführungen Heidelberg intentionally or in consequence of gross negligence, or k3 stadtführungen Heidelberg is solely responsible for the fault of a services provider, k3 stadtführungen Heidelberg’s liability for damages that do not constitute bodily injury is limited to three times the price of the tour in question. These restrictions do not affect claims based on tortious liability. k3 stadtführungen Heidelberg is not liable for personal or material damages sustained in connection with services that are merely obtained from third parties for the customer (e.g. rental bicycles, visits to theatres and exhibitions, hotel accommodations, entertainment, transport from or to a meeting place or destination) when such third party services are specifically described as such in the booking confirmation, with identification of the services provider, so that it is clear that they are not services rendered under this contract.
The guides of k3 stadtführungen Heidelberg (city guides, architecture guides, tour guides, etc.) are liable only for their own intentional or grossly negligent acts.
Claims of the customer against k3 stadtführungen Heidelberg may not be assigned to any third party. This applies to claims that arise from the contract, claims related to carrying out and processing the contract, and claims based on tortious acts. Likewise, assertion of the customer’s claims of the foregoing types before a court by a third party acting in its own name is not permissible.
10. Terms of Bicycle Rentals
10.1 The sole contract partner of k3 stadtführungen Heidelberg is the renter stated in the booking. This person also assumes liability for all other persons who use the rental bicycle as well as for payment of the payable total rental price.
10.2 The rental price is stated in the corresponding description of services in the website.
10.3 The bicycle may be collected by the renter or other person designated in the booking for this purpose.
10.4 The person who collects the bicycle must identify himself by presenting an official ID. If this person cannot do so, the bicycle cannot be handed over to him. Then this service will be treated as one that was not used and the renter will still have to pay the rental price.
10.5 Before using the bicycle, the renter or other person designated in the booking confirmation as authorized to collect it must satisfy himself that the bicycle being provided, including all accessories, is in proper safe operating condition, and may then use it only for its intended purpose and only on public roads and marked bicycle paths. When not in use, the bicycle must be parked safely and locked. By beginning to use the bicycle, the renter or other person designated in the booking confirmation as authorized to use it confirms that he has been sufficiently instructed on how to use the bicycle and on the relevant safety measures, and that he has personally satisfied himself that the bicycle and its accessories are free of defects. Claims based on defects that were already recognizable as such when the bicycle was handed over cannot be recognized.
10.6 The rental period can be extended only on the basis of prior authorization. The additional rental price stated in the performance description in the website will be charged for each additional day. If the rental period is extended without prior authorization, an additional processing fee of 5.00 € per bicycle will be charged, without prejudice to any further claims of k3 stadtführungen Heidelberg (e.g. securing and collecting the bicycle, replacing the bicycle lock, etc.).
10.7 If the bicycle is returned before the end of the rental period for any reason whatever, the renter will not be entitled to reimbursement of the rental price for the remainder of the rental period.
10.8 k3 stadtführungen Heidelberg is liable for damages that result from lack of proper, safe operating condition only in cases of gross negligence or intention on the part of one of its assistants.
10.9 If the bicycle is involved in a traffic accident or other damage incident, or if it gets lost or damaged, then k3 stadtführungen is to be informed of this at once. In addition, the nearest police station must be called on to prepare a record of the accident and/or to receive a criminal complaint.
10.10 The renter is liable to k3 stadtführungen Heidelberg for all damages to the bicycle which occur after the bicycle is handed over to the renter, regardless of whether a third party is responsible. Compensation rendered by third parties will be credited to the renter.
10.11 The renter of a bicycle booking may rebook or cancel the booking at no charge provided he does so at least one week before the first day of the rental period. If the booking is rebooked or cancelled at a later date, but before the first day of the rental period, k3 stadtführungen Heidelberg will charge 50% of the rental price. If the rental is cancelled on or after the first day of the rental period or if a bicycle is not collected, k3 stadtführungen Heidelberg will still charge 100% of the rental price.
10.12 All other cases are governed by the provisions of §§ 535 ff. BGB (German Civil Code).
11. Place of Jurisdiction
The place of jurisdiction is Münster.
12. Closing Provision
If any of the contractual provisions proves to be ineffective, this shall not affect the effectiveness of its remaining provisions. The parties shall replace ineffective regulations with effective regulations that come as close as possible to what was originally intended economically. In the case of a contractual gap the parties shall fill in the gap with the regulation they would have agreed had they been aware of the gap at the outset.