This translation was generated automatically and is for informational purposes only. The German version of the General Terms and Conditions of the Tour Guide Association is legally binding.
General Terms and Conditions for Members of the Gästeführerverein relating to guided tours in Fürth
1. Definition
The guided tours on offer allow you to see the sights of Fürth and learn about specific regional topics. These tours are listed in the brochure “Stadtspaziergänge der Tourist-Information Fürth” (guided city tours from the Fürth Tourist Information Centre) and can be viewed online on the Tourist Information Centre (TI) website at www.tourismus-fuerth.de. In the following provisions, the client is understood to be the person ordering the tour and the contractor is understood to be the tour guide.
2. Effectiveness of the General Terms and Conditions
The client accepts these General Terms and Conditions when placing an order. The contract is concluded exclusively on the basis of these General Terms and Conditions.
3. Services
The type and scope of the contractual services are specified in the service description in the order confirmation. Any changes, additions, or ancillary agreements must be made in writing. For changes, additions, or ancillary agreements made at the request of the client after the order confirmation has been created and sent, an additional amount may be charged on top of the agreed fee. The contractor expressly reserves the right to declare a change in the information if unavoidable reasons make this necessary. The client will be informed of this immediately in writing. The amount of the agreed fee shall not be affected by this. The duration of the tour is an approximate value based on the contractor's knowledge. Depending on the size of the group or other circumstances, deviations from this time specification are possible. The client undertakes to take this into account when planning follow-up appointments and similar.
4. Special feature of bus tours
For city tours where the group arrives in their own bus, the client must ensure that a seat with a seatbelt and a functioning microphone system are available for the contractor. If no seatbelt is available, the contractor is entitled to refuse to conduct the city tour. If the microphone system is missing or damaged, no commentary can be provided during the tour. Regardless of this, the agreed fee remains payable.
5. Special features when entering third-party facilities (e.g., museums, places of worship, etc.)
In the case of community events (baptisms, weddings, etc.), it may happen that buildings cannot be viewed at short notice despite confirmation to the contrary. This does not affect the agreed tour fee. The same applies to buildings owned by the city of Fürth if a tour is not possible due to special use by the owner or third parties.
6. Group size
Unless otherwise stated in the brochure or on the TI website, the maximum number of participants is 25.
7. Fee
For individual group tours in Fürth, the fees listed in the above-mentioned brochure “guided city tours” will be charged. These can also be viewed on the Tourist Information Centre (TI) website at www.tourismus-fuerth.de. If a different fee has been agreed, this individual agreement takes precedence; reference is made to § 305b BGB (priority of individual agreements over general terms and conditions). The fees listed apply to consecutive tours. For breaks scheduled by the client, an additional €30 will be charged for each 30 minutes or part thereof.
8. Payment
Unless otherwise agreed in writing, payment shall be made in full in cash to the contractor on the day of performance in the agreed currency. If a receipt within the meaning of § 368 BGB or an invoice within the meaning of § 14 UStG is desired, please inform the contractor in advance. If additional services are negotiated with the contractor during the provision of services, these must be paid for immediately in cash.
9. Admission fees
Any admission fees, etc. incurred shall be borne by the client in addition to the fee payable to the contractor, unless otherwise agreed in writing in the confirmed scope of services. The corresponding amounts shall be paid directly by the client.
10. Waiting time of the contractor
Delays must be communicated to the contractor by the client as soon as possible via the contractor's mobile phone number. The contractor will wait 30 minutes at the agreed meeting point for the client's group to arrive in full. If the time frame of the booked service has to be shortened as a result of the client's delay, the price agreed in the confirmation must still be paid. The client is only entitled to the full service in the event of late arrival if natural circumstances or the opening hours of public buildings, museums, etc. allow this. In the event of a delay of more than 30 minutes, the contractor may withdraw from the contract, as a tour is no longer possible in the remaining time. In this case, the contractor's fee claim remains unaffected. In the event of delays on the part of the client, there is no entitlement to an extension of the tour or a reduction in price. The elapsed waiting time shall be deducted from the agreed tour time. If the client and contractor nevertheless agree on an extension of the tour on site, an additional fee of 30 euros per 30 minutes or part thereof shall be charged for the extension.
11. Right of withdrawal
Both contracting parties may withdraw from the respective tour contract no later than 24 hours before the agreed start of the tour. The declaration of withdrawal must be made in writing or digitally.
12. Withdrawal by the contractor
If, for compelling reasons (e.g., illness of the tour guide), another tour guide must carry out the agreed tour under the agreed conditions as a replacement, the client will be informed of this. The client is granted the right specified in § 309 No. 10 letter b BGB (German Civil Code). If the fulfillment of the contract is endangered, impaired, or made impossible due to force majeure, the contractor may withdraw from the agreed service or cancel it without replacement. Compensation for the client is expressly excluded. The contractor has the right to temporarily interrupt or completely terminate the tour in the event of weather conditions that are incompatible with a guided city tour (e.g., severe thunderstorms/storms, heavy rain, hail, heat above 40 degrees Celsius). In this case, the fee shall only be payable in proportion to the actual duration of the tour.
13. Withdrawal by the client
Withdrawal from the contract (cancellation via the TI as an agent) must be made in writing. In the event of withdrawal by the client, the following costs will be charged: free of charge at least 24 hours before the start of the service, otherwise the agreed price must be paid in full. The contractor reserves the right to invoice the client for the agreed and already provided services. If the client fails to attend on the day of the booked service or does not make use of it for reasons for which the contractor is not responsible, the price agreed in the contract will be invoiced. This does not entitle the client to make up for the tour at a later date. If the tour is terminated prematurely at the request of the client, the full, previously agreed fee is due. If the client does not make use of individual services after the start of the tour as a result of premature return or for other reasons for which the contractor is not responsible, they are not entitled to a refund or reduction of the agreed price.
14. Copyright and other rights of the contractor
Image and sound recordings by the contractor as well as recordings and sound recordings of the tour/tour content are not permitted. Image and teaching materials that have been handed out and presented may not be reproduced in any way without the consent of the contractor.
15. Client's obligations to cooperate
The client is obliged to cooperate in the fulfillment of the agreed contract and to avoid any damage or disruption. In particular, the client undertakes to inform the contractor in good time before the start of the tour of any special features of the group profile (e.g., walking and standing disabilities, etc.). If such information is not provided or is only provided at the start of the tour, the contractor shall not be liable for any necessary restrictions on services. Any complaints must be reported to the service provider immediately. Claims for non-performance or non-contractual performance of services must be submitted in writing to the contractor within one month of the contractually agreed end of the service. Claims by the client shall become time-barred after 6 months, beginning with the end of the agreed service.
16. Liability
The contractor's liability is limited to the fulfillment of the agreed scope of services and is financially limited to the amount of the agreed management fee. This limitation of liability does not apply to damages resulting from injury to life, limb, or health caused by intentional or grossly negligent breach of duty by the contractor or its representative or vicarious agent. Membership in “DIE STADTFÜHRER - Verein der Gästeführer Fürth” (The City Guides - Association of Tour Guides in Fürth) provides professional liability insurance and financial loss liability insurance through the Bundesverband der Gästeführer in Deutschland e.V. (Federal Association of Tour Guides in Germany). Detailed information can be found at www.bvgd.org. No duty of supervision is assumed for minors participating in the tour. This remains the responsibility of the parents, legal guardians, or accompanying persons.
17. Applicable law
Unless otherwise specified in these General Terms and Conditions or agreed in writing between the client and the contractor, the contractual relationship between the client and the contractor is governed exclusively by German law.
18. Place of jurisdiction
The place of jurisdiction is Fürth.
19. Severability clause
The invalidity of individual provisions shall not result in the invalidity of the entire contract. In this case, the invalid provisions shall be replaced by the statutory provisions.