General terms and conditions

General Terms and Conditions of the Stadtmarketinggesellschaft Dessau-Roßlau mbH.
Subdivided in the following for the respective business areas:

General travel terms and conditions

General Terms and Conditions of Travel of Stadtmarketinggesellschaft Dessau-Rosslau mbH


Dear customers,

the following travel conditions shall apply to travel packages for which Stadtmarketinggesellschaft Dessau-Roßlau mbH, having its place of business at Kavalierstr. 37-39, 06844 Dessau-Roßlau (hereinafter referred to as “SMG”) acts as a travel organiser. If a travel package is booked, these terms and conditions shall become part of the package travel contract concluded between the customer (hereinafter referred to as “traveller”) and SMG to the extent they are effectively included in the contract.

The terms and conditions will be sent to the customer/traveller in writing or by e-mail before booking. They shall apply in addition to and fill any gaps in the statutory provisions of section 651 lit. a through to y of the German Civil Code (BGB) and articles 250 and 252 of the Introductory Law to the German Civil Code (EGBGB). Please read these terms and conditions carefully before booking because booking a travel package shall be deemed an acknowledgement of these terms and conditions.


1.      Conclusion of the package travel contract; general information

  • Upon the customer’s request, SMG will send the customer (if necessary, after further consultation with the customer about his or her wishes) a specific written offer detailing the services, prices, and travel period for the travel package selected by the customer. In this case, the package travel contract is deemed to be concluded if the customer accepts the binding offer of SMG without any supplements, restrictions, or other changes within the period specified by SMG in the offer. The receipt of the customer’s written declaration of acceptance by SMG shall be decisive for the conclusion of the package travel contract. SMG shall inform the customer of the receipt of the declaration of acceptance; however, the package travel contract shall already be effective upon receipt of the declaration by the customer.
  • Upon the conclusion of the contract (or immediately thereafter), the customer shall receive a written travel confirmation containing all essential information about the booked travel services. If both parties sign the contract at the same time and the same place (conclusion of the package travel contract on-site), the customer is entitled to receive a paper-based travel confirmation; otherwise, especially in electronic commerce, the travel confirmation may be saved to and sent on a permanent electronic medium.
  • If the travel confirmation from SMG differs from the content of the booking request, the travel confirmation shall be deemed to be a new offer made by SMG. SMG shall be bound by this new offer for ten (10) days, provided that the deviation from the booking request only is a minor one. If the travel confirmation differs significantly from the booking request, the binding period stated in the travel confirmation shall apply, starting with the receipt of the new offer by the guest/customer. In this case, the contract shall be deemed to be concluded if and when the customer accepts the amended offer in writing without any extensions, restrictions, or other changes. The contract will be concluded at the latest by making the down payment, final payment, or commencement of travel.
  • Any information provided by SMG prior to the conclusion of the contract about essential characteristics of the travel package, the travel price including any additional costs, payment terms, and cancellation fees (pursuant to article 250 section 3 nos. 1, 3 to 5 and 7 of the Introductory Law to the German Civil Code [EGBGB]) shall not become part of the package travel contract unless expressly agreed in writing.
  • SMG draws the customer’s attention to the fact that, pursuant to the statutory provisions (sections 312 para. 7, 312 lit. g para. 2 sentence 1 no. 9 of the German Civil Code [BGB]), the customer has no right of withdrawal (Widerrufsrecht) in the case of package travel contracts pursuant to section 651 lit. a and section 651 lit. c of the German Civil Code [BGB] that have been concluded at a distance, but only the statutory rights of revocation (Rücktrittsrecht) and termination (Kündigungsrecht), in particular the right of revocation pursuant to section 651 lit. h of the German Civil Code [BGB] (see also clause 5).[

However, there is a right of withdrawal if the package travel contract has been concluded outside any business premises pursuant to section 651 lit. a of the German Civil Code [BGB] unless the oral negotiations resulting in the conclusion of the contract have been conducted based on the prior order of the traveller/customer in his or her capacity as a consumer; in the latter case, there is no right of withdrawal.

  • If the traveller only books an entrance ticket or another individual tourist service of a third-party provider (e.g., bike rental) without any other travel services, SMG acts only as an agent of a third-party service provider. The purchase of entrance tickets/individual tourist services from a third-party service provider shall only create a contractual relationship between the traveller/customer and the respective third-party service provider. The name of the respective third-party provider is reflected on the entrance ticket or in the confirmation document issued for the respective individual tourist service.


2.     Security certificate; payments

  • SMG and any travel agents may only demand or accept payment of the travel price prior to the end of the travel package if an effective agreement on the insurance of customer payments exists and the customer has received the security certificate stating the name and contact details of the insurance provider in a clear, understandable and prominent manner. SMG has taken out insolvency insurance with the insurance company tourVers GmbH / HanseMerkur Reiseversicherung AG to safeguard any amounts paid by the customer. The customer will receive a security certificate together with the travel confirmation. Besides, the travel confirmation will contain the amounts of the down and final payments and, if applicable, the cancellation fees.
  • After receipt of the security certificate, a down payment of 20 per cent of the package price shall be paid to SMG. The balance is due for payment 30 days prior to commencement of travel. For bookings made less than 30 days prior to commencement of travel, the total package price shall be due immediately.
  • If the travel package does not include transportation of the customer from/to his or her place of residence or other point of departure to/from the place where the contractual services shall be provided, SMG is under no obligation to take out insurance against insolvency and to hand over a security certificate. The same shall apply if the contracting parties agree on an individual basis that the total package price is due for payment without prior down payment only at the end of the package travel after the customer has received all travel services.
  • If any payments due are not made or not made in full, and the traveller/customer does not even pay the amounts due after SMG has sent a reminder (including a grace period), although SMG is willing and able to provide the contractual services duly and has fulfilled their statutory duties to provide information and the customer has no statutory or contractual right of retention, SMG may revoke the respective package travel contract, unless there is already a significant travel defect at that time. In the event of revocation of the package travel contract within the meaning of this paragraph, SMG may demand revocation fees pursuant to clause 5.4 as compensation. The traveller/customer is entitled to prove that SMG has incurred no costs or significantly lower costs than the amounts claimed as compensation.

3.       Travel package; changes in the travel package

  • SMG may make changes to the travel package descriptions at any time prior to the conclusion of the contract; the traveller shall be informed of such changes prior to booking.
  • Prior to the commencement of travel, SMG may make deviations in essential characteristics of the agreed travel package if the deviations are insignificant and do not impair the overall nature of the travel package and if these deviations become necessary after the conclusion of the contract and are not brought about by SMG contrary to good faith.
  • SMG shall inform the customer of any changes in the travel package immediately, as soon as SMG has obtained knowledge of the reason for the change; this notification shall be made in writing on a durable medium (such as by e-mail or SMS). If necessary, SMG will offer the customer to make changes to the travel package or to revoke the package travel contract free of charge.
  • If there is a significant change in essential characteristics of the travel package or a deviation from special requirements of the customer that have become part of the package travel contract, the customer may either accept the change within a reasonable period set by SMG in connection with the notification of the change or revoke the package travel contract free of charge. As an option, the customer may request to participate in a substitute trip, provided that SMG has made such a travel offer. If the customer does not respond to SMG or does not respond within the period set by SMG, the change notified by SMG shall be deemed to have been accepted, provided that the notification informed the customer about the change made to the travel package in a clear, understandable and prominent manner pursuant to clause 3.3.
  • If the costs incurred for the changed travel package or the cost of a replacement trip of comparable quality are lower thant the cost of the original travel package, SMG will reimburse the customer for the cost difference pursuant to section 651 lit. m para. 2 of the German Civil Code [BGB].
  • If the changed travel package is defective, any warranty claims of the customer shall remain unaffected.

4.     Special requests

 

Booking offices (so-called travel agents) may only accept special requests if they are designated as non-binding. SMG will make every effort to accommodate requests for special services not advertised in the travel package description (e.g., selection of two rooms next door to each other or rooms in a specific location). Booking offices are not entitled, either before or after the conclusion of the package travel contract, to make any promises or agreements that deviate from travel package descriptions or package travel contracts already concluded without written confirmation from SMG, unless they have been separately authorised to do so.


5.     Revocation by the traveller prior to commencement of travel; cancellation costs

  • The customer may revoke the package travel contract at any time prior to commencement of travel under applicable laws and regulations. The revocation may be declared to SMG at the above address. SMG recommends using the text form for the revocation notice.
  • If the traveller revokes the contract or if the traveller does not commence travel, the claim to the package price expires. Instead, SMG may demand reasonable compensation for the travel arrangements and expenses incurred up to the date of revocation/non-commencement (cancellation costs) depending on the package price, unless the customer’s revocation or failure to commence travel falls in the responsibility of SMG or is unavoidable, or extraordinary circumstances (e.g., war, civil unrest, epidemic, pandemic, natural disaster) have occurred at the destination or in its immediate vicinity which have a significant adverse effect on the travel package or the transportation of persons to the destination. These costs are set out below in clause 5.4; they shall be calculated on a lump-sum basis as a percentage of the package price, and their amount shall depend on the proximity of the date of revocation to the contractually agreed start of the trip. Saved expenses and any possible alternative deployment of the travel services will be taken into account for this cost calculation.
  • The traveller may prove that no costs were incurred in connection with revocation or non-commencement of travel or that the costs incurred were significantly lower than the lump-sum costs applied by SMG under clause 5.4. In individual cases, SMG reserves the right to demand a higher, precisely quantifiable compensation instead of the lump-sum compensation pursuant to clause 5.4; in this case, SMG shall prove that they have incurred significantly higher expenses than the applicable lump-sum compensation, taking into account the expenses saved and any possible alternative deployment of the travel services.
  • The lump-sum fee is per person and usually amounts to:
  • 20% of the travel price for any revocation made until the 31st day prior to commencement of travel
  • 25% of the travel price for any revocation made until the 21st day prior to commencement of travel
  • 40% of the travel price for any revocation made until the 11th day prior to commencement of travel
  • 70% of the travel price for any revocation made until the 6th day prior to commencement of travel
  • 90% in case of revocation on the day of arrival/day of service and non-arrival or non-utilisation of the service.
    • If SMG is under an obligation to refund the package price due to revocation by the customer, SMG will make payments without delay, but in any case, within fourteen (14) days of receipt of the notice of revocation.
    • The provisions of this paragraph shall not affect the customer’s statutory right to demand from SMG in a message to be sent on a durable medium that a third party takes over the rights and duties under the package travel contract in his or her place (section 651 lit. e of the German Civil Code [BGB]). Any such declaration made by the customer must be received by SMG seven (7) days prior to commencement of travel.
    • The customer is recommended to take out travel cancellation insurance and insurance to cover repatriation costs in case of an accident or illness.

6.     Rebooking; substitute participants

 

  • After the conclusion of the contract, the customer has no legal claim to changes concerning the travel date, the travel destination, the place of departure, the accommodation, the type of catering, the type of transport, or other services (rebooking), unless rebooking is necessary because SMG has provided the traveller without or with insufficient or incorrect pre-contractual information pursuant to article 250 section 3 of the Introductory Law to the German Civil Code [EGBGB]; in this case, rebooking shall be free of charge.

If possible, SMG will make rebookings at the customer’s request up to the 31st day prior to commencement of travel. SMG may charge the customer a separate rebooking fee of €25 per traveller affected by the rebooking. Additional costs incurred vis-à-vis service providers of SMG (e.g., hotels) will be charged separately, if applicable.

  • Rebooking requests made by the customer after the expiry of the deadline specified in clause 6.1 can only be carried out after the customer has revoked the package travel contract pursuant to clause 5 under the conditions specified therein and has subsequently concluded a new contract, provided that the rebooking request can be carried out at all and the costs incurred for the customer’s rebooking request are not merely minor. If only nominal costs are incurred, SMG may charge a rebooking fee under clause 6.1. There is no right to conclude a new package travel contract.
  • The traveller may declare to SMG within a reasonable period prior to commencement of travel on a durable medium that a third party will take over the rights and duties under the package travel contract in his or her place. The declaration is deemed to have been given in good time if it is received by SMG no later than seven (7) days prior to commencement of travel. SMG reserves the right to object to this taking over of the contract by a third party if the respective third party does not meet the contractual travel requirements. If a third party takes over the contract, the third party and the traveller are jointly and severally liable to the travel organiser for the package price and any additional costs caused by the entry of the third party. SMG may only request reimbursement of additional costs, if and to the extent these costs are reasonable and have been incurred. SMG must provide evidence of the amount of additional costs incurred due to the entry of the third party.


7.     Termination for reasons of conduct

 

  • SMG may terminate the package travel contract without notice if the traveller persistently disrupts the deployment of the travel services despite an appropriate warning by SMG. The same applies if the traveller’s conduct is a material violation of the package travel contract so that the immediate cancellation of the contract is justified.
  • Clause 7.1 shall not apply if the customer’s conduct in breach of the contract is caused by SMG’s breach of their duty to provide information. In such a case, SMG may still have a claim to the travel price, but must, if applicable, take into account the value of any saved expenses and any benefits that have arisen from alternative deployment of services not used by the customer.


8.     Termination due to force majeure

 

If the travel package is substantially obstructed, jeopardised, or impaired as the result of force majeure not foreseeable when the contract was entered into (e.g., war, civil unrest, epidemic, pandemic, natural disaster), then both the travel organiser and the traveller may terminate the contract pursuant to section 651 lit. h of the German Civil Code (BGB).


9.     Notice of defect, relief, reduction, termination

 

  • If a travel service is not provided or not provided as contractually agreed, the traveller may demand relief. SMG may refuse such relief if it requires disproportionate expense. The traveller shall immediately notify a representative of SMG at the tourist information office or the service partner of SMG of any defect. If no representative of SMG or SMG’s service partner is on-site and/or if no representative of SMG or their service partner must be on-site according to the contract, any travel defects must be brought to the attention of SMG at the contact point notified by SMG. The contact point of SMG will be stated in the travel confirmation. The traveller is free to also inform the travel agent through whom he or she booked the travel package.
  • The traveller can demand a reduction of the travel price if travel services have not been provided under the contract and he or she has not culpably failed to report the defect immediately after discovery.
  • If the travel package is substantially impaired due to a defect and SMG does not provide relief within a reasonable period, the traveller may terminate the contract according to the applicable laws and regulations. The same applies if the traveller cannot reasonably be expected to accept the travel package due to such a defect for a compelling reason discernible to SMG. SMG recommends using the text form for the termination notice.


10.        Duty to co-operate

 

Each traveller shall co-operate in the event of service disruptions under the applicable laws and regulations to avoid or minimise any damage.


11.        Limitation of liability

11.1     The liability of SMG for any damages that are not injuries and have not been culpably caused by SMG is limited to three times the travel price (section 651 lit. p para. 1 of the German Civil Code [BGB]).

11.2     SMG’s liability for damages is excluded or limited to the extent that the liability of the respective service provider is also excluded or limited due to international agreements or statutory provisions based on such agreements and applicable to the services to be rendered by the respective service provider. If the traveller has a claim against SMG for compensation or reimbursement (due to a reduction) of an overpayment, the traveller’s claim for damages shall be reduced by the amount paid to the traveller as compensation or reimbursement (due to a reduction) based on the same event.

11.3     The travel organiser is not liable for compensation of defects culpably caused by the traveller or by unavoidable, extraordinary circumstances. The travel organiser is also not liable for damages for service disruptions, personal injury, and property damage in connection with third-party services merely arranged by SMG (e.g., excursions, exhibitions, sightseeing, accommodations, meals) if these services are expressly identified as third-party services in the travel description and confirmation, and if the name and address of the third-party service provider are given in these documents so that the traveller can be expected to know that the services are not part of SMG’s travel services and if the respective damage could not have been foreseen or avoided by SMG. Any claims of the traveller under sections 651 lit. b, 651 lit. c, 651 lit. w and 651 lit. y of the German Civil Code (BGB) shall remain unaffected.

11.4     Claims pursuant to section 651 lit. i para. (3) nos. 2, 4 to 7 of the German Civil Code (BGB) shall be asserted against SMG. Alternatively, such a claim can also be asserted through the travel agent if the package tour was booked via this travel agent. SMG recommends using the text form for the claim notice.


12.        Obligation to inform the customer

12.1     SMG fulfils its obligation to inform the customer prior to travel registration pursuant to section 651 lit. d para. 1 of the German Civil Code (BGB) to the extent these obligations have not already been fulfilled by the travel agent; in particular, SMG shall inform the customer about essential characteristics of the travel package, the package price, down and final payments, the minimum number of participants, compensation in case of cancellation, etc. and make available the form to be used for travel packages.

12.2 The traveller is responsible for compliance with all regulations that are important for the travel package. All disadvantages, including the payment of revocation costs resulting from non-compliance with these regulations, shall be borne by the customer unless they are due to culpable misinformation or failure to provide information by SMG.

13.        Data privacy

Any personal data provided by the traveller to SMG will be electronically processed and used to the extent necessary for the performance of the contract. Personal data of the traveller will be processed under German and European data protection law. For more information on handling personal data, please refer to www.visitdessau.com./Datenschutz/.

14.        Dispute resolution and settlement procedures

14.1     SMG does not participate in dispute resolution proceedings before a consumer arbitration board and is under no legal obligation to do so.

14.2     For all package travel contracts concluded in electronic legal transactions, the travel organiser refers to the European online dispute resolution platform https://ec.europa.eu/consumers.odr.

15.        Choice of law; place of jurisdiction

15.1     The entire legal and contractual relationship between SMG and customers/travellers who are not nationals of a member state of the European Union or Swiss citizens shall be exclusively governed by German law.

Any legal actions brought by the customer/traveller against SMG shall be decided by the courts of SMG’s registered place of business.

15.2     Any legal actions brought by SMG against the traveller shall be decided by the courts at the domicile of the traveller. Any legal actions against contracting parties to the package travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence is not known at the time the action is brought, shall be decided by the courts of SMG’s registered place of business.

15.3     The above provisions on choice of law and place of jurisdiction do not apply if and to the extent that any provisions of international agreements that cannot be excluded by way of contract and that apply to the package travel contract between the traveller and the travel organiser lead to another result in favour of the traveller or if and to the extent that provisions that cannot be excluded and that apply to the package travel contract in the member state of the EU to which the traveller belongs are more favourable to the traveller than the provisions in these terms and conditions or the applicable German laws and regulations.

General terms and conditions for arranging travel services

General Terms and Conditions of Stadtmarketinggesellschaft Dessau-Rosslau mbH for the procurement of travel services


Dear Customer,

The following terms and conditions for arranging travel services shall apply to situations in which Stadtmarketinggesellschaft Dessau-Roßlau mbH, having its place of business at Kavalierstr. 37-39, 06844 Dessau-Roßlau (hereinafter referred to as “SMG” or “Agent”) acts as an agent for travel services (travel packages, hotel bookings, other tourist services, etc.). If travel services are booked, these terms and conditions shall become part of the agency contract concluded between the customer (hereinafter referred to as “traveller”) and SMG to the extent they are effectively included in the contract.

The terms and conditions will be sent to the customer/traveller in writing or by e-mail before booking. They shall apply in addition to and fill any gaps in the statutory provisions of sections 651 lit. a to y of the German Civil Code (BGB) and articles 250 and 251 of the Introductory Law to the German Civil Code (EGBGB). Please read these terms and conditions carefully before booking because booking travel services shall be deemed an acknowledgement of these terms and conditions.


Scope of application of these terms and conditions:

These terms and conditions are divided into three subsections (I to III), depending on the type of travel service arranged by the agent:

  1. Customers can find the exclusive provisions for arranging a single travel service or several travel services of a single type of travel service in subsection I.

  2. Customers can find the exclusive provisions for arranging associated travel services in subsection II.

  3. Customers can find the exclusive provisions for arranging a travel package in subsection III.


Subsection I: Arranging a single travel service or several travel services of a single type of travel service

This subsection covers the arrangement of a single travel service or several travel services of a single type of travel service within the meaning of section 651 lit. a para. 3 sentence 1 of the German Civil Code (BGB) and shall exclusively apply if the travel services arranged by the agent are neither part of associated travel services (see subsection II) nor part of a travel package (see subsection III).

For this purpose, the law does not require a form sheet to inform the customer.


1.           Conclusion of the agency contract; applicable laws and regulations

  • A binding customer request, which can be made by telephone, in writing, or verbally on-site, shall be deemed an offer to SMG to conclude an agency contract. Under the agency contract, SMG shall arrange a specific travel service with a third-party provider on behalf of the customer. The agency contract comes into effect upon SMG’s acceptance of the customer’s order of agency services. The order and acceptance declarations do not require any particular form.

If the order is placed electronically (e-mail, Internet), SMG shall send an electronic notice of receipt without delay. If the order confirmation from SMG differs from the customer’s offer, the confirmation shall be deemed to be an offer of a new agency contract that may be accepted by the customer by express declaration.

  • Unless otherwise provided for in mandatory laws and regulations, the rights and obligations of the contracting parties are based on the contractual agreements made between the contracting parties, these terms and conditions, and the legal regulations (including sections 651 lit. a et seq. of the German Civil Code [BGB] in connection with article 250 et seq. of the Introductory Law to the German Civil Code [EGBGB] and Sections 675, 631 et seq. of the German Civil Code [BGB] on nongratious management of the affairs of another).

  • The rights and obligations of the customer vis-à-vis the provider of the arranged travel service shall be governed exclusively by the agreements made with the service provider (including their general terms and conditions) if and to the extent the general terms and conditions have been effectively included in the contract. For transport services, the conditions of carriage and tariff regulations issued on a statutory basis by the competent transport authority or based on international agreements shall apply without any special agreement or reference.


2.     Contractual obligations of SMG under the agency contract; advice and information

  • SMG advises the customer in the best possible way based on these terms and conditions. At the customer’s request, SMG will submit a booking request to the respective service provider. After the service provider has confirmed the booking request, the documents covering the travel service arranged by SMG shall be handed over to the customer unless it has been agreed that the service provider shall send the documents directly to the customer.

  • SMG shall be liable for the correct selection of information sources and the correct forwarding of information and notices to the customer under the contractual agreements and applicable laws and regulations. The agent shall only be liable for the correctness of information provided under section 675 para. 2 of the German Civil Code (BGB) if a special information contract has been concluded.

  • SMG does neither give any guarantee nor assume any procurement risk within the meaning of section 276 para. 1 of the German Civil Code (BGB) for information on prices, services, booking conditions, or availability of the travel service to be arranged unless an express agreement to this effect has been made.

  • When arranging travel services, SMG is under no obligation to determine/offer the
    most favourable service provider for the respective travel service requested unless an express agreement to this effect has been made.

3.           Special requests

When arranging travel services, any special requests of the customers will only be forwarded by SMG to the service provider. Unless expressly agreed otherwise, SMG shall not be liable for the fulfilment of such special requests. Special requests do not become the contractual basis of the respective agency order. SMG points out that, basically, any special request shall only become part of the contract with the service provider if the respective service provider expressly confirms acceptance of the special request.


4.           Documents covering the arranged travel service

  • SMG shall hand over the documents covering the arranged travel services at SMG’s business premises or send them by post or electronically unless the documents are sent directly to the customer by the service provider.

  • The parties to the agency contract shall review any contractual and other travel services documents handed over to the customer by the agent (e.g., booking confirmations, entrance tickets, insurance vouchers, hotel vouchers) for correctness and completeness, as well as for conformity with the booking request and the agency order.


5.     Customer’s obligation to co-operate

  • In the event of incorrect or incomplete information (including personal customer data), documents, or information about the arranged travel service, the customer must notify SMG immediately after he or she has obtained knowledge of the error. The same shall apply to the incomplete execution of arranged services (e.g., failure to make a reservation or booking) or deficiencies in SMG’s agency activities that are apparent to the customer.

  • If the customer fails to notify SMG of a deficiency as provided for in clause 5.1, the following shall apply:

    • If the customer fails to give notice under clause 5.1 through no fault of his or her own, his or her claims shall remain unaffected.

    • If SMG proves that the customer would not have suffered any damage or would not have suffered damage in the amount claimed by the customer if the customer had notified SMG correctly, the customer shall not be entitled to any claims against SMG. The same shall apply if SMG proves that it would have been possible to remedy the defect or reduce the damage (e.g., by rebooking or cancelling the arranged travel service with the service provider) if the customer had notified SMG immediately.

    • This shall not affect claims of the customer in the cases described in clause 5.1 if the customer suffers damages resulting from injury to life, body, or health or other damages based on an intentional or negligent breach of duty by SMG, its legal representative, or its vicarious agents. The same shall apply to claims for any breach of material contractual obligations.

    • The liability for booking errors under section 651 lit. x of the German Civil Code (BGB) shall also remain unaffected.

5.3. Any contractual and/or statutory obligations of the customer regarding the notification of defects to the service provider shall remain unaffected by the provisions of this paragraph.


6.           Terms of payment of the service providers; collection, retention, and offsetting of payments

  • If service and payment provisions of the service providers have been effectively agreed upon between the service provider and the customer, SMG shall be entitled to claim payments from the customer according to these provisions. This also includes any compensation for revocation (cancellation costs) and other statutory or contractual claims of the service provider.

  • SMG may assert payment claims against the customer as a collection agent of the service provider unless otherwise agreed in the contractual agreements between SMG and the service provider. Alternatively, SMG may also assert claims in its own right based on the statutory advance payment obligation of the customer in his or her capacity as principal (section 669 of the German Civil Code [BGB]).

  • The customer may not refuse SMG’s own payment claims by asserting a right of retention or set-off and stating that he or she has claims against the service provider (e.g., due to unsatisfactory performance of the arranged contract). This shall not apply if SMG’s culpable breach of contractual obligations has caused or contributed to the claim or if SMG is liable to the customer for the claims asserted by him or her for other reasons.

7.     Information on the possibility of insuring travel services

  • SMG draws the customer’s attention to the possibility of taking out travel cancellation insurance to minimise any costs that might arise in the event of a cancellation of services by the customer.

  • SMG also points out that, typically, any damages suffered by the customer due to a cancellation of travel services after their commencement are not covered by travel cancellation insurance.

  • Unless otherwise agreed, travel interruption insurance must also be taken out separately.

  • The customer is also advised that the terms and conditions of the travel insurance policies may contain special contractual conditions and/or customer obligations to co-operate, including deductibles, limitations or exclusions of liability, or defined periods for the notification of damages.

8.     Complaints of the customer against service providers

  • The customer’s attention is drawn to the fact that, generally, specific deadlines apply to the assertion of claims against service providers. These deadlines may result from applicable laws and regulations or contractual agreements. SMG also draws attention to the fact that, generally, it is not sufficient to assert claims against the agent within these deadlines to make sure that the deadline is met. The same applies if the customer wishes to assert claims against both the agent and the service provider for the same travel service.

  • In the event of complaints or any other assertion of claims against the service providers, SMG is under an obligation to provide the customer with any necessary and known information and documents, including the names and addresses of the service providers.

  • If SMG is responsible for forwarding claims of the customer to the respective service provider within the applicable deadline, SMG shall only be liable for late receipt by the recipient if the breach of the deadline has been caused intentionally or by gross negligence.

  • Regarding any claims of the customer against the service providers, SMG is under no obligation to advise the customer on any requirements that must be met for the legal existence of a claim, deadlines to be observed, or any other legal provisions.

9.     Liability of the agent

  • SMG shall not be liable for the conclusion of contracts with the service providers unless SMG has assumed such a contractual obligation under an express written agreement with the customer.

  • Subject to any express agreement to the contrary with the customer or any assurance by SMG to this effect, SMG shall not be liable for any defects and damages incurred by the customer in connection with the arranged travel services. If such an agreement or assurance within the meaning of the preceding sentence exists, SMG shall be liable for any significant deviation of the travel services from the service description made available by the service provider.

  • Any liability of SMG arising from section 651 lit. x of the German Civil Code (BGB), as well as from the culpable breach of its agency duties, shall remain unaffected by the provisions of this paragraph.


10.      Dispute and settlement procedures

  • SMG does not participate in dispute resolution proceedings before a consumer arbitration board. If proceedings for resolving disputes with consumers become mandatory for the agent after these terms and conditions have been printed, the agent shall inform the consumers about its new obligation by appropriate means of communication.

  • For all travel contracts concluded in electronic legal transactions, SMG refers to the European online dispute resolution platform https://ec.europa.eu/consumers.odr.


11.      Choice of law, place of jurisdiction

  • The entire legal and contractual relationship between SMG and customers/travellers who are not nationals of a member state of the European Union or Swiss citizens shall be exclusively governed by German law. Any legal actions brought by the traveller against SMG shall be decided by the courts of SMG’s registered place of business.

  • Any legal actions against contracting parties to the package travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence is not known at the time the action is brought, shall be decided by the courts of SMG’s registered place of business.

12.      Data privacy

Any personal data provided by the customer to SMG will be electronically processed and used to the extent necessary for the performance of the contract. Any personal data will be processed under German and European data protection law. For more information on handling personal data, please refer to SMG’s privacy policy at www.visitdessau.com/Datenschutz/.

Subsection II: Provisions for the arrangement of associated travel services

The provisions of this subsection II concerning the arrangement of associated travel services under section 651 lit. w of the German Civil Code (BGB) shall exclusively apply if SMG provides the customer with the form covering the arrangement of associated travel services.

This form informs the customer about the fact that booking a further travel service with SMG does not include a travel package but creates a second contract for associated travel services.

1.     Analogous applicability of terms and conditions included in subsection I

  • The following clauses of subsection I of these terms and conditions shall apply to the arrangement of associated travel services:

1, 2, 3, 4, 5, 7, 8, 9, 10, 11,12.

  • Clause 6 of subsection I shall apply, provided that the agent has fulfilled its obligation to secure payments as provided for in clause 2 of this subsection II.

2.     Payments for related travel services

  • SMG may only accept payments from the traveller for associated travel services if SMG has taken out insolvency insurance under section 651 lit. w para. 3 of the German Civil Code (BGB) to ensure that these payments are reimbursed to the traveller, if travel services are to be provided by SMG itself or if service providers still have open claims for payments, and if, in the event of SMG’s insolvency, travel services are not provided, or the traveller complies with any requests for payment from service providers which have not received payment for the travel services provided by them.

  • SMG will inform the customer of the name and contact details of the provider of insurance for customer payments in a clear, understandable, and prominent manner and will submit the security certificate to the customer covering all payments made by the customer to SMG as an agent for arranging associated travel services unless the customer makes any payments directly to the service provider of the associated travel services.


Subsection III: Provisions for arranging travel packages

The provisions of this subsection III on the arrangement of package travel contracts under section 651 lit. v of the German Civil Code (“Arranging travel services”) shall exclusively apply if SMG provides the customer with the form to be used for travel packages. This form contains important information about the travel organiser being the company responsible for providing the travel package.


1.           Analogous applicability of terms and conditions included in subsection I

  • The following clauses of subsection I of these terms and conditions shall apply to the arrangement of associated travel services: 1, 2.1, 2.3, 2.4, 3, 4.2, 5.1, 7, 8.4, 9, 10,11, 12.

  • Clause 2.2. of subsection I shall only apply if any information is affected that does not need to be provided by SMG under section 651 lit. v para. 1 of the German Civil Code (BGB) in conjunction with article 250, section 1 to 3 of the Introductory Law to the German Civil Code (EGBGB).

  • Clause 4.1 of subsection I shall only apply if the customer is not entitled to a paper-based travel confirmation pursuant to article 250 section 6 para. 1 sentence 2 of the Introductory Law to the German Civil Code (EGBGB).

2.     Payments for travel packages

SMG and any travel organisers retained by SMG may only demand or accept payment of the travel price prior to the end of the travel package if an effective agreement on the insurance of customer payments exists and the customer has received the security certificate of the travel organiser stating the name and contact details of the insurance provider in a clear, understandable and prominent manner.


3.     Declarations of the customer/traveller

SMG is deemed to be authorised by the travel organiser to receive complaints and notifications of defects and other declarations of the customer/traveller concerning the provision of the travel package. SMG will immediately forward any declarations made by the customer/traveller to the travel organiser. To speed up the process, SMG recommends the customer to make any declarations directly to the travel organiser or its contact point.

4.     Notes

SMG draws the customer’s attention to the fact that, under the statutory provisions (sections 312 para. 7, 312 lit. g para. 2 sentences 1 no. 9 of the German Civil Code [BGB]), there is no right of withdrawal (Widerrufsrecht) in the case of package travel contracts under section 651 lit. a and section 651 lit. c of the German Civil Code [BGB] that have been concluded at a distance, but only the statutory rights of revocation (Rücktrittsrecht) and termination (Kündigungsrecht), in particular the right of revocation under section 651 lit. h of the German Civil Code [BGB]). However, there is a right of withdrawal if the package travel contract has been concluded outside any business premises (section 651 lit. a of the German Civil Code [BGB]) unless the oral negotiations resulting in the conclusion of the contract have been conducted based on the prior order of the traveller/customer as a consumer; in the latter case, there is no righ




Contractual and agency conditions for guided tours under contract

Stadtmarketinggesellschaft Dessau-Roßlau mbH, having its place of business at Kavalierstraße 37-39 06844 Dessau- Roßlau, Germany (hereinafter referred to as “SMG”) arranges guided tours (sightseeing tours and city walks) for individual tourists and tourist groups as principals (hereinafter also referred to as “contracted guided tours”). The following terms and conditions shall exclusively apply to SMG’s activities for arranging contracted guided tours if and to the extent these terms and conditions have been effectively included in the respective contract. In addition, SMG’s terms and conditions for arranging travel services shall apply; they can be found at https://visitdessau.com/agb/.

Please read these terms and conditions carefully before booking because booking a contracted guided tour shall be deemed an acknowledgement of these terms and conditions. SMG shall only recognise conflicting, deviating, or additional terms and conditions of the customer/principal if SMG has expressly agreed to their validity in writing in advance.

SMG’s terms and conditions for public guided tours (available at https://visitdessau.com/agb/) shall apply to public guided tours organised by SMG as regular events with a fixed programme.


1.  Subject of the terms and conditions for booking guided tours

  • SMG organises city tours (sightseeing tours or city walks) for individual tourists and tourist groups at the customer’s request. To this end, SMG arranges for self-employed tour guides who can be booked for specific, previously arranged city tours.

2.     Status of SMG and the tour guides; status of groups (principals); third-party services

  • SMG acts exclusively as an agent who arranges the contract between the customer and/or the principal who commissioned the contracted guided tour (e.g., travel organiser, travel agency, or private group) and the tour guide. The tour guide is the direct contractual partner of the customer and/or principal for the arranged tours and provides the advertised contractual services as a self-employed service provider.

  • The direct legal relationship between the customer and/or the principal and the tour guide is governed in particular by the agreements made with the tour guide and his or her general terms and conditions of business (if they have been effectively included in the contract); this legal relationship shall be supplemented by these terms and conditions.

  • If a third party referred to in these terms and conditions as “principal”, including companies and legal entities (e.g., travel organisers, travel agencies, private groups), makes a booking, the principal shall be the sole contractual partner of SMG under the agency contract and/or the tour guide. This shall not apply if the principal expressly acts as the legal representative of the persons who are to take part in the tour.


3.  Conclusion of contract

  • Contracted guided tours can be booked in writing, by e-mail, and/or at the SMG sales office. Booking a tour is a binding declaration of intent made by the customer. By booking a tour, the customer offers the respective tour guide, represented by SMG as his or her legal representative, the conclusion of a binding contract based on the service description for the respective tour; simultaneously, the customer gives SMG an agency order to arrange the tour.

  • However, a contract with SMG is only concluded when SMG confirms the customer’s booking request in writing or by e-mail (“order confirmation”).

  • According to the statutory provisions (section 312 lit. g para. 2 sentence 1 no. 9 of the German Commercial Code [BGB]), there is no right of withdrawal (Widerrufsrecht) for any contracts for guided tours concluded at a distance (e.g., by letter, catalogue, telephone call, telecopy, e-mail, mobile phone message [SMS], broadcasting and telemedia) if these contracts provide for a specific date or period for the provision of the contractual services; however, the statutory provisions on the non-utilisation of services under section 611 et seq., and section 615 of the German Commercial Code (BGB) shall apply. However, there is a right of withdrawal if the contract was not concluded at a distance but outside business premises.

4.  Travel package; changes in the travel package

  • All information and representations given or made by SMG in catalogues, brochures, on the Internet, etc., regarding city tours are only exemplary descriptions of services that can typically be offered. The descriptions provided by SMG are not a guarantee of any particular content of the city tours. SMG shall owe only the scope of services expressly reflected in the order confirmation.

  • SMG reserves the right to make changes or deviations from the agreed content of the booked services, provided that the changes or deviations are reasonable for the customer, taking into account the interests of SMG. This is the case if the changes or deviations are not significant and do not significantly affect the overall nature of the booked guided tour or if circumstances occur that are out of SMG’s control and responsibility (e.g., closure of institutions, illness of the tour guide shortly before the planned tour should have started).

  • SMG will immediately inform the customer and/or the principal of any changes or deviations from the agreed content of the booked services. If necessary, SMG will offer the customer and/or the principal the possibility to change the booking free of charge. If the changes or deviations are unreasonable for the customer, taking into account the interests of both parties, the customer/principal can revoke the contract.



5.    Selection of tour guides; right to replace the tour guide; conducting guided tours; waiting periods; number of participants

  • The selection of the tour guide is at the discretion of SMG and depends on the qualifications required for the city tour. The customer and/or principal are not entitled to request the selection of a specific tour guide.

  • Even if a specific tour guide is named, SMG reserves the right to replace him or her with another suitable and qualified tour guide if the tour guide originally selected cannot provide his or her services for a compelling reason (including illness).

  • The contact details of the tour guide will be provided with the order confirmation.

  • If entrance fees of specific institutions (e.g., the Bauhaus Dessau Foundation) are incurred in connection with a city tour, these fees are to be paid separately by the customer and/or principal. For institutions, the generally valid box office prices shall apply. The tour guides selected by SMG will never advance money for entrance tickets, catering, or other costs.

  • The agreed times for the guided tours must always be observed. The tour guide will wait at the agreed meeting point for 15 minutes. Any delay of a customer or tourist group of more than 15 minutes is considered a failure to attend. If the customer or group is late, there is no right to extend the tour or reduce the price. An extension of the city tour is at the discretion of the tour guide. If the tour guide is willing to extend the tour, the extra charge for the extension is €25 per hour or part thereof.

  • If the guide or a substitute does not arrive at the meeting point at the latest 15 minutes after the agreed start of the guided tour, SMG will make every effort to find another guide during the opening hours of the tourist information office.

  • Unless expressly agreed otherwise, guided tours shall take place in all weathers.

  • Certain city tours are subject to a maximum number of participants per tour guide. SMG will inform the customer/principal about any limitation of the number of participants, if any. If the desired group size exceeds the maximum number of participants specified by SMG, SMG will offer the customer an additional tour guide, if necessary; in this case, the group will be divided.



6.  Payment terms

  • The specific payment terms are reflected in the offer and the order confirmation.

  • Payments for group tours arranged by SMG are handled directly between the customer and/or principal and the respective tour guide. The price for guided tours is usually payable in cash to the tour guide at the end of the tour against a receipt. If the customer wishes to receive an invoice, an additional amount of €2.50 will be charged.

  • When arranging third-party tours for individual guests, tickets can be purchased in individual cases for specific prearranged city tours at SMG’s tourist information office. Tickets can be paid for in cash, by credit card, or by debit card. In this case, SMG will act as the collecting agent of the selected tour guide.


7.       Cancellation by the customer/principal; non-utilisation of services

  • The following shall apply for the arrangement of group tours:
    • The tour can be cancelled free of charge until 7 working days before the start of the guided tour at the latest. The date of receipt by SMG of the cancellation notice is decisive for the effectiveness of the cancellation. The cancellation notice does not require any specific form. SMG recommends using the text form for the cancellation notice.

    • If the guided tour is cancelled between 6 to 4 working days before the start, a handling fee of €30 will be charged for the arrangement of group tours.

    • If the guided tour is cancelled 3 working days or less before the start, the agreed remuneration will have to be paid in full.

    • The agreed remuneration must also be paid in full if the customer and/or principal does not use the agreed services, whether in whole or in part (in particular by failing to appear at the tour without terminating the contract), without the tour guide or SMG being responsible for this failure and although the tour guide is willing and able to provide the service.

    • However, within the scope of clauses 7.1.3 and 7.1.4, the tour guide must deduct from the remuneration to be paid by the customer and/or principal any saved expenses and any remuneration that he or she obtains (or maliciously refrains from obtaining) through any other deployment of the agreed services. In any case, the customer may prove that the cancellation or non-appearance has not caused any damage or has caused significantly less damage than stated by the tour guide.

  • The following shall apply for the arrangement of third-party tours for individual tourists:
    • If individual tourists have purchased tickets at the tourist information for specific prearranged city tours, rights of termination and revocation are generally excluded to the extent this is legally possible. The provisions of clause 8 of these terms and conditions shall apply accordingly.

  • The preceding provisions shall neither affect any statutory or contractual rights of the customer and/or the principal in the event of defects in the tour guide’s services or the services arranged by SMG nor any other statutory warranty claims.


8.  Rebooking services

  • Customers and/or the principals have no legal or contractual right to rebook any services under a contract for guided tours, including changes dates, agreed times, and destinations.

  • However, if it is possible, by way of exception, to rebook a guided tour, SMG may charge a handling fee to be agreed upon on a case-by-case basis if rebooking occurs 7 working days before the tour starts. If the customer and/or principal wishes to make extensive changes to any services (tour guide) that have been bindingly booked, SMG may charge processing fees of up to €30.00 depending on the amount of work involved to implement the change.

  • After the deadline specified in clause 8.2 has expired, no services may be rebooked anymore. If the client and/or principal wishes to rebook any service, the service contract with the tour guide must be cancelled/terminated as provided for in clause 7 of these terms and conditions; simultaneously, the customer and/or principal must make a new booking request.


9.  Liability

  • Except for bodily injuries, SMG’s liability for damages shall be limited to damages caused intentionally or by gross negligence or damages resulting from the violation of essential contractual obligations (cardinal obligations). In the event of a negligent breach of cardinal obligations, SMG’s liability shall be limited to typical and foreseeable damages, and in any case, to 3 times the value of the service offered. This limitation of liability shall also apply to SMG’s vicarious agents. SMG shall be liable for the correct fulfilment of its agency obligations unless SMG has assumed any further contractual obligation by express agreement with the customer.

  • SMG shall not be liable for services, defects, personal injury, or property damage in connection with the guided tour unless the guided tour is to be considered a contractually agreed service of a travel package or another offer for which SMG is the direct contractual partner of the customer and/or the principal. Any liability of SMG arising from the agency relationship under clause 9.1 of these terms and conditions shall remain unaffected by the preceding provision.



10.   Special provisions concerning pandemics (in particular COVID-19)

  • The agreed services shall always be provided by the respective tour guide in compliance with the official requirements and conditions applicable when the respective service is provided.

  • The customer and/or principal agrees to observe appropriate behavioural and hygienic concepts when using any services and shall inform the tour guide immediately if he or she shows any typical symptoms.

  • If the agreed service cannot be performed due to official measures, the statutory provisions shall apply.


11.  Choice of law and venue

The contract shall exclusively be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer/principal is a merchant, a legal entity under public law or a special fund under public law, or if the customer/principal has no general place of jurisdiction in the Federal Republic of Germany, the exclusive (including international) place of jurisdiction for all disputes arising from the business relationship between SMG and the customer shall be the registered place of business of SMG.

General terms and conditions for Public Guided Tours

General Terms and Conditions of the Stadtmarketinggesellschaft Dessau-Rosslau mbH for Public Guided Tours


Stadtmarketinggesellschaft Dessau-Roßlau mbH, having its place of business at Kavalierstraße 37-39 06844 Dessau- Roßlau, (hereinafter referred to as “SMG”) arranges public guided tours (sightseeing tours and city walks) for individual tourists and tourist groups (hereinafter referred to as “customers”) organised as regular thematic events with a fixed programme. The following terms and conditions shall apply to the organisation and implementation of the public guided tours if and to the extent these terms and conditions have been effectively included in the respective contract. If a public guided tour is a contractually agreed part of a travel package, SMG’s general travel terms and conditions (available athttps://www.visitdessau.com/agb/) shall apply accordingly.

Please read these terms and conditions carefully before booking because booking a contracted guided tour shall be deemed an acknowledgement of these terms and conditions. SMG shall only recognise conflicting, deviating or supplementary terms and conditions of the customer if SMG has expressly agreed to their validity in writing in advance.

For guided tours (sightseeing tours and city walks) merely arranged by SMG for individual guests and groups (“contracted guided tours”), SMG’s contract and agency terms and conditions for contracted guided tours (available athttps://www.visitdessau.com/agb/) and SMG’s terms and conditions for arranging travel services (available at https://www.visitdessau.com/agb/) shall apply.


  1. Conclusion of contract; purchase of tickets for public guided tours

1.1 Bookings for public guided tours can be made in writing, by e-mail, and/or at SMG’s tourist information office. Booking a tour is a binding declaration of intent made by the customer.

1.2 The service contract for the booked public guided tour is concluded through the ticket purchase or the order confirmation of SMG, which does not require any specific form.

1.3 According to the statutory provisions (section 312 lit. g para. 2 sentence 1 no. 9 of the German Commercial Code [BGB]), there is no right of withdrawal (Widerrufsrecht) for any contracts for guided tours concluded at a distance in connection with leisure activities (e.g., by letter, catalogue, telephone call, telecopy, e-mail, mobile phone message [SMS] as well as broadcasting and telemedia) if these contracts provide for a specific date or period for the provision of the contractual services; however, the statutory provisions on the non-utilisation of services under section 611 et seq, and section 615 of the German Commercial Code (BGB) shall apply. However, there is a right of withdrawal if the contract was not concluded at a distance but outside business premises.

1.4 Tickets for SMG public guided tours can be purchased – depending on the type of public tour – at SMG’s tourist information office at Ratsgasse 11, 06844 Dessau-Roßlau.

1.5 In addition, tickets for public guided tours of SMG can be bought on the Internet via the service provider “Reservix”. In this case, the general terms and conditions of Reservix (available at: https://cdn.reservix.com/AGB/AGB_Ticketkunde_RX_DE.pdf) shall apply.


1.6 If SMG is not expressly stated as the organiser of the tourist service on the ticket or in the order confirmation, SMG only sells the ticket as an agent on behalf of the respective organiser/tourist guide. In this respect, SMG’s contract and agency terms and conditions for contracted guided tours (available at https://www.visitdessau.com/agb/) shall apply accordingly.

 

  1. Services; changes in services; third-party services

 

2.1 All information and representations given or made by SMG in catalogues, brochures, on the Internet, etc., regarding public guided tours have been carefully prepared by SMG. The descriptions provided by SMG are not a guarantee of any particular content of the city tours. SMG shall owe only the scope of services expressly reflected in the order confirmation.

 

2.2 Any information given on the duration of guided tours should be understood as approximate indication.

 

2.3 The content of the public guided tours is the responsibility of the respective tour guide. Therefore, there can be minor deviations between the information provided by SMG and the actual content of the tour.

 

2.4 The following shall apply to city tours: SMG will co-operate with independent bus companies to provide buses for sightseeing tours. The means of transport for city tours are not provided by SMG, but by the bus company retained to this end. All entrepreneurial obligations pursuant to the German Passenger Transportation Law (PBefG) shall apply only to the bus company.

 

  1. Selection of tour guides; right to replace the tour guide; conducting guided tours; number of participants; timing of the tours

 

3.1 The selection of the tour guide is at the discretion of SMG according to the qualifications required for the city tour. The customer is not entitled to request the selection of a specific tour guide.

 

3.2 Even if a specific tour guide is named, SMG reserves the right to replace him or her with another suitable and qualified tour guide if the initially selected tour guide cannot provide his or her services for a compelling reason (including illness).

 

3.3 The customers will meet the tour guide at the point of departure of the tour. The private data of the selected tour guide will not be disclosed to third parties by SMG to comply with data protection rules.

 

3.4 The number of participants for public guided tours is limited. SMG makes every effort not to sell more tickets for a public guided tour than seats available for that tour. If, however, the tour is overbooked (and the customer cannot take part in the tour, which will only happen in exceptional cases), the customer concerned can return his or her ticket for a full refund. Alternatively, the customer can exchange the ticket for an equivalent public guided tour if SMG offers him or her such a tour.

 

3.5 All public guided tours are conducted at times determined by SMG. This means that the start of the tour cannot be postponed, and the tour guide cannot wait for participants who are late. This shall also apply if any participants are prevented from arriving on time due to reasons out of their control.

 

  1. Payment terms; prices

 

4.1 The specific payment terms are reflected in the offer and the order confirmation.

 

4.2 Tickets can be paid for in cash, by credit card, or by debit card at SMG’s tourist information office.

4.3 The prices quoted by SMG include the public guided tour and any additionally advertised or agreed services. Other costs connected with the public guided tour (e.g., entrance fees, catering costs, transportation costs by public and private means of transport, etc.) are only included in the agreed price if they are expressly included in the guided tour or if they have been bindingly agreed.

  • The prices quoted by SMG include the applicable statutory value-added tax.

 

  1. Rebooking; consequences of a non-utilisation of services

 

5.1 Customers have no legal or contractual right to rebook any services under a contract for public guided tours, including changes concerning the date, agreed time, and destination of the guided tour.

 

5.2 If customers do not use the agreed service, whether in whole or in part, (in particular by failing to appear at the tour), without SMG or the selected tour guide being responsible for this failure and although the tour guide is willing and able to provide the service, the customer may not claim a refund of any payments already made.

 

5.3 The agreed remuneration must be paid in full, without any right to make up for the missed public guided tour. However, SMG must deduct from the payment to be made by the customer any expenses due to the non-performance of the service and any remuneration that SMG obtains (or maliciously refrains from obtaining) through any other deployment of the services.

 

  1. Termination and revocation

 

6.1 Rights of termination and revocation are generally excluded for public guided tours to the extent this is legally possible. The provisions in clause 5 of these terms and conditions shall apply accordingly.

 

6.2 This shall not affect any statutory or contractual rights of the customer in the event of defects in the contractually agreed services.

 

  1. Liability

 

SMG shall be liable without limitation under the German Product Liability Act and in cases of express assumption of a guarantee or a procurement risk, as well as for intentional or grossly negligent breaches of duty. Likewise, SMG shall be liable without limitation in the event of intentional or negligent injury to life, limb, or health. SMG shall only be liable for property damages and financial losses caused by minor negligence in the event of a breach of obligations that must be fulfilled for the proper execution of the contract and on which the customer may mainly rely (“material contractual obligations”); however, SMG’s liability shall be limited to any damages typical and foreseeable at the time of conclusion of the contract.

  1. Special provisions concerning pandemics (in particular COVID-19)

 

8.1 The agreed services shall always be provided by the respective tour guide in compliance with the official requirements and conditions applicable at the time of deployment of the respective service.

 

8.2 The customer agrees to observe appropriate behavioural and hygienic concepts when using any services and inform the tour guide immediately of any typical symptoms.

8.3 If the agreed service cannot be performed due to official measures, the statutory provisions shall apply.

 

  1. Choice of law and place of jurisdiction

 

The contract shall exclusively be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany, the exclusive (including international) place of jurisdiction for all disputes arising from the business relationship between SMG and the customer shall be the registered place of business of SMG.