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General Terms and Conditions (Travelers)

General Terms and Conditions of Guidebooker UG, Freiburg (Germany)

 

 

Table of Contents

 

Preliminary Note 

 

1. Open Account / Delete Account

1.1   Open account

1.2   Delete account

1.3   Eligibility

1.4   Number of User Accounts

1.5   Declared information

 

2. Booking

2.1   Booking of a Tour Guide / Tour

2.2   Prerequisites for attending /Transferability

2.3   Display of participants

2.4   Insurance

2.5   Changing a Tour

2.6   Prerequisites for attending

 

3. General rules for Customers (and Tour Guides)

3.1   Request and access to Tour Description

3.2   Bindingness of Booking

3.3   Meeting Point / Delay

3.4   Dealing with foreign law

 

4. Payment and Cancellation

4.1   Payment and Payment Methods

4.2   Cancellation Terms and Costs

4.3   Charge-Back Fees

4.4   Cancellation/Changes by Tour Guide

 

5. Customer Review

 

6. Exclusion of Liability

 

7. Data Protection and Responsibility for Contents

 

8. Communication

 

9. Place of Performance / Place of Jurisdiction

 

10. Waiving of right of withdrawal

 

11. Miscallenous & Severability Clause

11.1   Time Determination

11.2   Severability Clause

 

  

Preliminary Note  

Guidebooker (in the following named GB) operates the webportal www.guidebooker.com and intermediates Tour Guides/Travel Agencies and Tours (in the following named “provider”). The provider is able to present their tour offers on the webportal.

Customers are able to book these offers on the webportal.

GB functions as the intermediator and not as a tour operator. The provider offers tours in their own name and makes a separate provider contract with the customer.

The provider provides the service of a tour at his/her own authority.

 

  

1. Open Account / Delete Account  

1.1 Open Account

The registration at Guidebooker for customers is free of charge and is in effect right after registration. The customer can register with a user name or Email and a password.

All personal data is treated strictly confidential and is not transferred to third parties (see data privacy statement). All data are saved and protected on a secure server.

 

1.2 Delete Account

The customer can delete his account at Guidebooker at any time, as long as no payments for bookings are due. In this case all data of the account are deleted on the server. When the customer registers again, all data must be entered again.

 

1.3 Eligibility

The registration must be carried out in one’s own name. If the registration is carried out by a juristic person, a duly authorisation must be proven. Each natural and juristic person can only create one user account. The customer does not have a legal claim for registration or access to Guidebooker.

 

1.4 Number of User Accounts

Each customer is only allowed to create one user account, and the user account is not transferable to another customer.  

 

1.5 Declared information

The customer is bound to make all statements truthfully and always keep all information up-to-date. An inactivity of the customers for more than two years causes the deletion of the account.

Guidebooker is not liable, if the customer cannot call upon a booked tour because of false data or if the data is not up-to-date. 

 


 

2. Booking  

 

2.1 Booking of a Tour Guide/Tour

All tours that the provider offers on Guidebooker, with a specified number of participators to a specified date and time can be booked at any time and are non-cancellable. The provider is obliged to provide the booked tour as described on Guidebooker.

Any changes on the description of the tour are only allowed before the booking is made. Belated changes on the tour are only allowed according to paragraph 4.5.

The customer receives all information about the tour including the booking number after the booking. The booking confirmation is mailed to the customer automatically (ticket).  The booking number of each booked tour serves as verification for the customer.

The customer must show the ticket along with his/her ID-Card to the provider, before the tour can take place.

If a customer books a provider or a tour, he receives a ticket with a booking number after the booking and payment.

 

2.2 Prerequisites for attending /Transferability

The provider can set up prerequisites for attending his/her tour. These can be found in the description of the tour. The customer is responsible to make sure he/she fulfills the stated prerequisites. Otherwise the provider is allowed to exclude the customer from tour participation. In that case the customer has no right to claim back any fees of the tour.

The ticket is transferable, unless the provider has excluded transferability in the description of the tour. In the case of transferability, the customer needs to communicate this to the provider before the tour takes place. The new participant also needs to fulfill the prerequisites for attending.

 

2.3 Display of participants

When making a booking the customer can decide, if his/her name will be shown to other participants of the tour.

 

2.4 Insurance

The booking fee does not include any insurance.

The customer can take out a travel cancellation insurance separately.

 

 

3. General rules for customers (and providers)  

3.1 Request and access to the tour description

The customer is able to ask questions about the tour using the request form in the profile of the tour guide or tour. If the provider offers the option, the customer may be able to change the content of the tour upon request and agreement.

The provider and customer are not allowed to make the booking separately from GB. The booking has to be made only on the webportal of GB.

It is not allowed to write any contact details in the message fields (telephone, Email, website etc.), and it is also not allowed to invite the Tour Guides at GB to work for one’s own business services.

In case of a breach of this rule, GB admonishes the Tour Guide and/or Customer, and is able to deactivate or delete the account at GB.

In case of further breaches of this rule, GB may take legal actions against the Tour Guide and/or Customer.

 

3.2 Bindingness of Booking

When the customer books a provider and a tour, the booking is binding. The provider has a claim against the customer for the participation on the tour. After payment of the booking fee the customer is bound to the provider.

 

3.3 Meeting Point / Delay

The meeting point and date of time is explicitly stated on the booking confirmation.

The customer is obliged to show up „on time“ at the meeting point and on the date of time as stated on the booking confirmation. The time zone of the provider is decisive about the date of time of the tour. The provider is responsible for the organisation and taking place of the tour. The provider is also responsible to communicate all details about the tour properly to the customer before the tour takes place.

If the provider possesses a mobile phone, a mobile phone number should be given to the customer, in the case of a delay of the customer. The customer is obliged to call the provider about any delays. However, the provider is not obliged to wait for the customer (grade period: 15 minutes).

According to prior agreement with the provider, the customer may be able to join the tour later.

 

3.4. Dealing with foreign law

Important: If you travel from a country different from the country where the tour takes place, then you are responsible for all necessary travel documents (ID card), health requirements, Visa etc.  Please make sure to be well informed by the proper consulate and embassy of the country where the tour takes place.

 

 

 

4. Payment and Cancellation  

4.1 Payment and Payment Methods

The booking fee is due for payment immediately after the booking.

Guidebooker offers the following payment methods to book a tour: Credit card (Visa/Mastercard), Direct Debit (Sofortueberweisung in Germany), Maestro, Giropay and Paypal.

The payment of a booking fee is managed by a certified payment provider and partner bank. Guidebooker does not have access to the payment data of the customer.

 

4.2 Cancellation

The customer has the right to cancel the booking. Guidebooker accepts the cancellation by Email, the processing of the cancellation takes about one work day.

If you paid by credit card, then the following additional condition applies in the case of a cancellation:

If a booking by credit card is cancelled by the bank of the customer (return debit note), then cancellation fees apply to the partner bank of Guidebooker.  

 

The following cancellation terms apply. We advise the customer to carefully read this information before the tour takes place.

 

Cancellation Fees:

 

  • until 14 days before the tour:                    10 % Cancellation Fee, plus any Transaction Fees und Reversal Transfer Fees
  • 13 – 1 days before the tour:                    100 % Cancellation Fee

 

The amount of the transaction fees depend on the payment method being used for the booking and the charges are up to 3% of the booking fee. The transaction fees of each of the payment methods are listed at the end of the general terms of conditions for your information.

According to § 309 Nr. 5 BGB (Germany), the customer is able make claims because of  damage.

 

The tour is cancelled, when the customer does not pay for the booked tour, or withdraws from a payment already made. In this case there is no claim for participation of the tour and the cancellation fees apply for payment.  

Claims for ongoing damages are explicitly subject to approval.

A payback of the booking fee less the transaction fees und reversal transfer fees occurs within 14 work days by reverse of payment on the payment method that was used for booking.

 

4.3 Charge-Back-Fees

If a „Charge-Back-Fee“ by paying by credit card becomes due at the expense of Guidebooker (eg. because the customer disagrees with the payment), the customer is obliged to reimburse the expenses of the Charge-Back-Fee to the amount of 35,- Euro to Guidebooker (if applicable plus the processing fees).

 

4.5 Cancellation by provider

The provider can cancel the tour because of reasons of sickness or other unexpected events, acts of God (natural disasters, war etc.) and circumstances, that are beyond his/her sphere of influence, if the implementation of the tour is therefore impossible or seriously hindered or jeopardised. In this case the provider contacts the customer immediately by telephone or Email.

According to prior agreement with the customer, the provider can change the date and time of the tour. In this case the customer must cancel the tour and book the tour again with another date and time. In this case the provider has to pay for the transaction costs of the booking price (up 3%).

 

 

 

5. Customer Review  

The customer can review the guide and tour after the implementation of the tour on a ranking scale (1-5 stars). This review will appear in the profile of the provider and the tour. This serves as a quality control for new customers, who want to book a guide and tour.  

The customer receives an Email after the booking as a reminder for making a voluntary review.

The customer is obliged to make only appropriate and truthful reviews. The provider has the right to request Guidebooker to prove and maybe delete reviews that are inapplicable, untruthful, insulting or containing irrelevant comments. However, there is no legal claim for a deletion of a review.

 

 

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6. Exclusion of Liability  

GB is not liable for any faults of the provider happening during the implementation of the tour. The participation on the tour is at the customer’s own risk. GB is also not liable for any accidents and damages of the customer or for financial losses of the customer, resulting within the scope of the tour.

The provider is liable for the correct description and implementation of the tour. Only the provider is obliged to inform the customer about restrictions and dangers within the scope of the tour as described. The provider will always try to rectify any frictions with the customer. If applicable, GB offers to act as an intermediator to solve the problem.

The liability of GB or authorised auxiliary persons is limited to malicious intent and gross negligence.

 

Pecuniary Damage Liability Insurance

According to the statutory rule, Guidebooker contracted a Pecuniary Damage Liability Insurance (R+V Insurance in Germany).

 

 

 

 

7. Data Protection and Responsibility for Contents  

 

All data are treated as strictly confidential by GB and are only accessible to third parties, if it is necessary for the implementation of the contract between the customer and the provider, respectively the provider and GB. Personal data are being saved for the purpose of the implementation of contract according to § 33 German Data Protection Act.

  

8. Communication 

The communication between the parties to the contract is normally carried out electronically via the webportal of GB and the contact details that are stored on it. The parties to the contract make sure the contact details are always up-to-date.

  

 9. Place of Performance / Place of Jurisdiction

Place of performance and jurisdiction for disputes from the contract between the parties is Freiburg, Germany. The German Law applies.

 

10. Waiving of right of withdrawal  

The parties to the contract mutually waive for any right of withdrawal.

 

 11. Miscallenous & Severability Clause

 

11.1 Time Determination

The Central European Time is decisive for time determinations within the scope of a booking. The provider is able to make other arrangements with the customer.

 

11.2 Severability Clause

If and to the extent to which any provisions of this contract or future contract provisions should be void or infeasible or should lose their validity or feasibility, this shall not affect the validity of the other provisions of this contract. The same shall apply if the provisions of the contract are found to be incomplete. The invalid, infeasible or incomplete provision shall be replaced by an appropriate provision, which, as far as legally feasible, represents the closest proximity of what the contractual parties would have intended or would have intended in accordance with the purpose of the contract.

 

Appendix:

 

Transaction Fees of Payment Methods:

 

Fee per Transaction: 0,19 Euro

Fee per Transaction with Credit Card/3d-Secure: 0,26 Euro

 

Further Transaction Fees (Percentage of Booking Price):

 

Direct Debit (Sofortueberweisung in Germany): 1,3 %

Paypal: 2 %

Giropay: 2,5%

Credit Card: 2,95 %

 

Status: June 2016

Please note: Guidebooker has the right to change the general terms and conditions at any time without advance notice. The respective date and time of the booking is decisive for the content of the general terms and conditions. The respective change will be communicated to all contractual partners immediately.

 

Upon registration the customer agrees with the general terms and conditions.

 

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