1. Scope and applicable law
1.1. Mrs. Hülsmann offers city tours (walking tours, guided tours by bus or boat) for groups or individuals. The present General Terms and Conditions (“GTC”) are part of the contract and apply to all offers and services as well as future legal transactions between Mrs. Hülsmann and the guest. GTC will be fully accepted by the guest in the version valid at the time of the transaction.
1.2. Any provisions deviating from these terms and conditions, in particular the guest’s terms and conditions, are hereby rejected.
1.3. If, for any reason, any of these GTC are ineffective, the validity of the remaining terms shall remain unaffected.
2. Conclusion of contract, service booked by a third party client
2.1. With his booking, which can be made in writing, by e-mail or via the Internet, the guest or the contract partner accepts the respective service offered by Mrs. Hülsmann and the corresponding terms and conditions.
2.2. The contract shall come into being if and when Mrs. Hülsmann confirms acceptance of the written quotation in writing or by fulfilling the tour. In case Mrs. Hülsmann does not accept the booking within 10 days – or if she did not provide the service – the guest is not bound by the contract any longer. As a general rule (except with bookings of very short notice) Mrs. Hülsmann will provide a written confirmation.
2.3. If the booking is made by a third party referred to in these conditions as a “third party client”, i.e. an institution or a company (private group, community college, school class, association, bus company, tour operator, incentive or event agency, travel agency), then this is the sole contractual partner of Mrs. Hülsmann with reference to all rights and obligations. The third party client is the contractual partner only if he does not expressly act as a legal representative for his.
2.4. There are no additional oral agreements.
3. Services and substitution reservation
3.1. The performance owed by Mrs. Hülsmann consists of the execution of the service offered.
3.2. Unless otherwise expressly agreed, the execution of the tour is not owed by a specific tour guide. Accordingly, Mrs. Hülsmann is not obliged to personally lead the guests.
3.3. Even in the case of naming a particular person to fulfil the service, Mrs. Hülsmann reserves the right to send another, suitable and qualified tour guide (especially due to illness).
3.4. The scope of the services owed results from the description in the contract made by Mrs. Hülsmann and the additional agreements. Information and warranties of third parties (in particular travel agencies, accommodation establishments, transport companies) regarding the scope of the contractual services, which are contrary to the terms of reference or the agreements made with Mrs. Hülsmann, are not binding.
3.5. Changes or additions to the contractually offered services require an explicit written agreement.
3.6. Changes to essential services that deviate from the agreed content of the contract, which might become necessary (in particular changes in the itinerary) and which are not induced by the tour guide in good faith are permitted, as far as the changes are not significant and the do not interfere with the overall procedure of the tour.
3.7. Information on the duration of guided tours is approximate.
4. Prices, payment, maximum number of participants
4.1. The agreed prices include the execution of the guided tour and additionally agreed services.
4.2. Entrance fees, meals and transport costs with public and private transport, city maps, brochures, museum guides, costs of guided tours within the description of the guided tours are only included in the agreed price, if they are explicitly listed in the service description or additionally agreed.
4.3. The agreed remuneration is payable after receipt of the invoice and the terms of payment within. Cash payments will only be accepted in exceptional cases i.e. short notice bookings.
4.4. If the term of payment is “payment in advance” there is no entitlement to the agreed services without full payment prior to commencement of the tour.
4.5. If the tour starts or ends outside the city center of Hamburg the guide is entitled to reimbursement of travelling costs and to cover the additional time.
4.6. The maximum number of participants per tour guide for walking tours is 25 persons (this does not affect bus tours with exits at different spots).
4.7. If the number of participants appearing for the tour exceeds an agreed number or, unless expressly agreed otherwise, the number of 25 persons per tour guide, Mrs. Hülsmann is entitled to call in another tour guide. Regardless of how many people exceeded the agreed number of participants, this additional tour guide will be fully remunerated according to the applicable rates. It is up to the tour guide to divide the group. If an additional tour guide cannot be found, Mrs. Hülsmann has a claim for compensation amounting to twice the rate in accordance with the applicable remuneration regulation.
4.8. If no further tour guide can be found if the agreed number of participants has been exceeded in advance after notification of the guest / client to Mrs. Hülsmann due to a lack of availability, then Mrs. Hülsmann shall be entitled to a compensation of one and a half times the rate according to the applicable remuneration regulation.
5. Non-utilization of services
5.1. If the guest or the client does not make use of the agreed services (wholly or partially) without Mrs. Hülsmann being entitled to them, even though Mrs.Hülsmann or the tour guide representing her is willing and able to render the services, there is no entitlement on refund of payments already made.
5.2. For the agreed remuneration the legal regulation applies (§ 615 p. 1 and 2 BGB):
a) The agreed remuneration is to be paid without any claim to make up the guided tour.
b) However, Mrs. Hülsmann has to be credited for the expenses saved as well as any compensation which she obtains or otherwise maliciously refrains from using the agreed services elsewhere.
6. Cancellation, withdrawal and rebooking by the guest or the client
6.1. The guest or the client may cancel the tour for free up to and including the seventh day before the agreed date. Cancellation is possible by e-mail or contact form.
6.2. In case of a later cancellation, compensation for losses is 90% of the agreed remuneration due. The regulation in no. 5.2. Shall apply accordingly. In this case, Mrs. Hülsmann charges the compensation directly to the guest or contracting agency.
6.3. It is left to the guest or the client to prove to Mrs. Hülsmann that no or significantly less loss has been incurred than the calculated lump sum.
6.4. Rebookings (changes of date, time, management process and other essential services and modalities of the tour guide) are possible free of charge until the fourth working day before the agreed date. Thereafter, changes may only be made by notice of termination under the above conditions and subsequent re-booking. A new booking is only valid after a confirmation by Mrs. Hülsmann according to the regulations in these terms and conditions.
6.5. Should a cooperation with our bus or/and barge partners take place during the city tour, please note that the service of these companies can only be cancelled free of charge up to 40 days before the tour starts. For later cancellations, we therefore reserve the right to charge the cancellation costs charged by the bus and barge partners to the guest.
7. Illness
7.1. The client or guest will be informed immediately if it is not possible to fulfill the service by sudden illness or accident of the guide. Payments affected will be refunded immediately.
8. Limitation and exclusion of liability
8.1. In case of a breach of duty, liability is limited to intent and gross negligence. These limitations of liability apply to breaches of duty by guides sent by Mrs. Hülsmann.
8.2. The limitations of liability and exclusions of liability in paragraph 1 of this section do not apply: – in case of damage caused by the guide to life, limb or health (personal injury) – in the case of transfer of warranties concerning the composition of the successful completion of a service or acceptance of a purchasing risk – in the case of violation of cardinal duties (important contractual obligations) This includes in particular such damage which Mrs. Hülsmann causes following a merely negligent violation of such contractual obligations whose fulfilment mainly facilitates the proper performance of the contract and the observance of which the client relies on, and may rely on, regularly
8.3. If no case pursuant to 8.2., liability for the guides for violations of obligations based on ordinary negligence shall be limited to the foreseeable damage which is typical of the contract. Mrs. Hülsmann shall therefore not be liable for damages which could not be foreseen as a possible result of the breach of the obligations at the time of closure of the contract as possible consequence.
8.4. Mrs. Hülsmann nor one of the tour guides is not liable for services, measures or omissions by food establishments, facilities, sightseeing agencies or other offers visited in the context of a guided tour, unless culpable breach of duty by the tour guide was responsible or concurrently responsible for causing the damage.
9. Tour times, obligations of the guest or client
9.1. The guest or the contracting agency is required to provide a mobile phone number at the time of booking or in good time before the agreed date of the tour, in order to contact them in case of extraordinary circumstances. As a rule, Mrs. Hülsmann will also provide the guest or a designated person with a corresponding mobile phone number.
9.2. Agreed tour times must be adhered to punctually. If the guest is late, he is obliged to inform Mrs. Hülsmann or the nominated tour guide about the delay at the latest by the time the tour starts and to name the expected time of the delayed arrival. Mrs. Hülsmann or the tour guide can refuse a late start of the tour, if the postponement is objectively impossible or unreasonable, especially if it cannot follow-up or other compelling business or private appointments cannot be met. A delay of more than 60 minutes entitles Mrs. Hülsmann or the tour guide in general to cancel the tour. The claim for remuneration remains. The regulation in section 5. applies accordingly. In this case, Mrs. Hülsmann will invoice the guest or contracting agency directly.
9.3. If the tour starts late due to circumstances that Mrs. Hülsmann and / or the tour guide is not responsible for, then there is no entitlement to an extension of the tour time. In the case of late arrival of the group, it must be agreed between the contracting parties whether the tour was shortened accordingly or – if Mrs. Hülsmann and / or the tour guide representing her does not have to fulfill other obligations – the originally agreed duration of the tour should be observed. In this case, the compensation is calculated according to the period, which consists of the waiting time and the actual duration of the tour.
9.4. The guest or the representative of the contracting agency is obliged to report any defects in the guided tour or the agreed services immediately to Mrs. Hülsmann and / or the tour guide and to and to demand cure of the default. Claims of the guest or the representative of the contracting agency only remain valid, if the failure to notify a default does not result from any responsibility of the guest or the representative of the contracting agency.
9.5. The guests or the contracting agency are only entitled to break off the guided tour after it has started, if the performance of the tour guide is substantially deficient and, despite a notification of complaint to that effect, the violation is not remedied. In case of an unjustified discontinuance or termination, no claim to reimbursement exists. Warranty claims of the guests or the contracting agency in the case of a defective performance by the guided tour remain unaffected by this.
9.6. Combined bus / foot guides can only be performed on buses with a working microphone and a tour guide seat. Otherwise, Mrs. Hülsmann or the nominated tour guide is entitled to refuse the order if his claim for remuneration (clause 5.2 applies accordingly).
9.7. In case the entire group or some of the guests appear to be considerably drunken the tour guide has the right to refuse the performance. In this case there is no right for a refund (clause 5.2 applies accordingly).
10. Accessibility of local attractions and their special regulations
10.1. Mrs. Hülsmann has no influence on admission times of local attractions. The time stated in the order confirmation therefore only applies to the beginning of the tour. It does NOT guarantee the admission to a place of interest at that time.
10.2. Furthermore, Mrs. Hülsmann has no influence on the general accessibility of museums and public buildings, especially churches on Sundays and public holidays (e.g. closing due to church services, special events, etc.).
11. Statute of limitations
11.1. Contractual claims of the guest or the client against the tour guide or Mrs. Hülsmann from injury to life, limb or health, including contractual claims to compensation for pain, based on their negligent breach of duty or intentional or negligent breach of duty of their legal representatives or vicarious agents, become time-barred in according to the general legal regulations. This also applies to claims for the compensation of other damages, which are based on a grossly negligent breach of duty of the tour guide or Mrs. Hülsmann or on an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.
11.2. All other contractual claims expire in one year.
11.3. The limitation period according to the above provisions begins in each case with the end of the year in which the claim arose and the guest or the client of circumstances that justify the claim and the tour guide or Mrs. Hülsmann as a debtor attained knowledge or obtain without gross negligence would.
12. No set-off, limitation of the right of retention
The guest or principal can only set off against claims of Mrs. Hülsmann if the counterclaim of the guest or principal is undisputed or a legally valid title exists. In addition to this, the customer shall only be authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
13. Privacy and Privacy
Mrs. Hülsmann adheres to all provisions of the Data Protection Act when dealing with the customer’s personal data. The details of the use of the data can be found in the privacy policy.
14. Choice of law and jurisdiction
14.1. German law applies exclusively to the entire contractual and legal relationship between Mrs. Hülsmann and the guest or client, and between the tour guide and the guest or client.
14.2. If the customer is a merchant, a legal entity under public law or a special fund under public law or if he has no general place of jurisdiction in Germany, then Hamburg is the place of performance and place of jurisdiction.
14.3. For the rest, especially for contracts with consumers, the area of jurisdiction is determined by the general statutory regulations. ©
Copyright protected 01.01.2020
SCHÖNES HAMBURG
Jutta Hülsmann
Wandsbeker Stieg 22
22087 Hamburg
Telefon: 040/ 67 38 37 60
Mobil: 0176/ 48 13 80 29
mail@schoenes-hamburg.com