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General Terms and Conditions (Tour Guides)

General Terms and Conditions of Guidebooker UG, Freiburg

 

 

Table of Contents

 

Premimitary Note

 

1. Registration/Application/Open Account

1.1   Registration/Application

1.2   Open Account

1.3   Delete Account

1.4   Eligibility

1.5   Declared information

1.6   Personal entry requirements

1.7   Insurance

 

2. Offer Tours/Booking of a Tour

2.1   Offer Tours

2.2   Rules for offering Tours

2.3   Booking of a Tour

2.4   Change of a Tour

2.5   Prerequisites for attending

 

3. Payment and Cancellation

3.1   Payment of provider

3.2   Requirements and payment of commission

3.3   Cancellation Terms

3.4   Cancellation by the provider

 

4. Customer Review

 

5. General rules for provider and customer

5.1   Request and access to Tour Description

5.2   Bindingness of Booking

5.3   Meeting Point / Delay

 

6. Liability

6.1   Liability of provider

6.2   Liability of Guidebooker

 

7. Availability of Webportal

 

8. Data Protection and Responsibility for Contents

 

9. Communication

 

10. Duration of Contract

10.1      Duration of Contract

10.2      Extraordinary Dismissal

 

11. Place of Performance / Place of Jurisdiction

 

12. Waiving of  right of withdrawal

 

13.  Miscellaneous & Severability Clause

13.1      Time Determination

13.2      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. Registration / Application / Open Account  

 

1.1 Registration / Application

The requirement for participation as a provider on the webportal of GB is the conclusion of an employment contract with GB after a successful application at GB. This contract is concluded separately, if the provider agrees with the general terms and conditions and GB allocates and opens a user account to the provider, in order to create and offer tours.

The provider is obliged to keep the data of his account always up-to-date in his/her own interest. The provider allows GB to take full insight in his/her personal data.

Along with the application the provider must enter all required data, as well as all information about the work experience as a tour guide, so that GB can decide about the admission. There is no legal claim on a registration, admission and user account as a provider at GB.

All personal data and bank details are treated strictly confidential and are not transferred to third parties (see Data Privacy Statement). All data is saved and protected on an external server.

The account is not transferrable and may only be used for one’s own tour offers. Each provider is only allowed to use one user account. The provider is responsible for the content of the user and tour profiles, eg. tour description and prices. From the perspective of GB this information concerns third-party content.

 

1.2 Open Account

The registration at Guidebooker for providers is free of charge. The provider can register with a user name or Email and a password.

The user profile is online, after the provider entered all required data, submitted the application and GB accepts the provider and activates the account.   

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

 

1.3 Delete Account

The provider can delete his account at Guidebooker by an explicit order (preferably by Email), as long as no booked tours are left, or the business connection between the parties has ended. In this case all data of the account are deleted on the server.

 

1.4 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 provider does not have a legal claim for registration or access to Guidebooker.

 

1.5 Declared information

The provider is bound to make all statements truthfully and always keep all information up-to-date. Guidebooker is not liable, if the customer cannot call upon a booked tour because of false data or if the data are not up-to-date. 

 

1.6. Personal entry requirements

The provider disposes of the necessary authorisations or regulatory permissions. The provider is also responsible for the compliance with the authorisations according to employment law and his/her individual tax burden.

Should GB become dutiable because of the services of the provider in a foreign country, te provider exempts GB from this tax liability. Otherwise in this case GB is permitted to use the credit of the provider for the booking for the tax liability.

There is no employment relationship subject to social insurance contribution by this contract between GB and the provider.  

If permits and authorities are abstracted from the provider or ends the insurance protections, then the provider needs to inform GB immediately. This also applies to events that directly affect or influence the proper implementation of the tour.

 

1.7. Insurances of the provider

The provider is responsible for contracting a proper insurance for offering his/her services implementing a tour. It is recommended to contract an employment liability insurance (Tour Guide) or a business liability insurance (Travel Agencies).  This insurance should also cover any recourse claim / claim for compensation of GB.

Note: GB intermediates various liability insurances of the R&V Insurance (Germany), that the provider is able to contract at a cheaper rate (more information at GB).

GB is able to make the approval of a provider dependent on the reference (submission of an insurance certificate) of a proper liability insurance.

The booking fee does not include any insurance. Provider and customer are responsible themselves to contract a proper insurance protection.

 

 

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2. Offering Tours / Booking of a Tour  

 

2.1 Offering Tours

As soon as the provider registers on the webportal of GB and is then approved as a new provider by GB, the provider can create and offer tours for booking. The provider then decides about the price of the tour by him-/herself.

GB checks the tours on its content (text/photo/video) and is able to  request the provider to make corrections on the content in the case of a breach. The provider assures and is liable for the possession of all required rights of use of the uploaded information in the form of photos, sounds and videos. In the case of an immoral offer or an obvious breach of legal rights or damages of third parties, GB is permitted to deactivate or delete the account of the provider. GB reserves the right to delete the account of the provider in the case of enduring breaches due to gross negligence. The offering of tours is not permitted, that have the intention that the customer acquires other products and services (eg. promotional trips) from the provider.

 

2.2 Rules for offering Tours

The provider is only allowed to create and offer his/her own tours. Offers from other persons than the provider are not allowed to be offered. The provider must assure that his/her offered tours can be implemented by him/her in respect to the description of the tour on the webportal of GB.

If certain rules apply in the country of the provider concerning the publication of the offers in the internet, the provider is responsible to respect the rules and comply with them. The provider must inform GB about such rules prior to offering any services.
From the tour description it has to be clear, that the provider offers his/her services in his/her own name at his/her own responsibility.

It is not allowed to make any self-promotion in the texts of the provider for his/her own contact details (including website). GB is allowed to remove contact details in the texts of the provider, without any obligation to notify the provider of the changes.

 

2.3 Booking of a Tour

All tours that the provider offers for a direct booking at GB, can be booked with the stated number of participants and dates, without that the provider is able to confirm the booking.

Therefore only the provider is responsible for deciding about how many tours and dates to publish on the webportal of GB. However, the provider can set a “booking deadline”, so that the tour can only be booked before a certain number of days.  

Changes on the tour can only be made before the booking. Later changes on the tour are only possible in accordance with the paragraphs 2.4 and 3.4.

The customer receives all information about the tour (booking number) right after the booking and payment and the provider automatically receives the booking confirmation (pdf-Ticket).  The booking number of each tour is the reference for the booking of the customer.

The customer shows the booking number along with his/her IC-Card to the provider before the tour commences. The ticket is transferrable to another name upon agreement with the provider, unless the provider does not allow this in his/her offer.  

 

2.4 Change of a Tour

The provider is obliged to implement the booked tour as offered on the webportal of GB. Later changes on the tour or the requirements are only allowed, if all participants of the tour and GB agree with it. 

 

2.5 Prerequisites for attending

The provider may set special requirements and prerequisites for attending (eg. minimum age, health conditions etc.).

The customer is responsible to make sure he/she fulfills the stated requirements. The provider may otherwise refuse the participation of the customer on the tour, without that the customer has a right to claim back the booking fee.

 

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3. Payment / Cancellation  

 

3.1. Payment of provider

GB receives a commission fee for all bookings and the operation/maintenance of the webportal. This commission fee consists of the difference between the booking price negotiated with the customer or the full booking price of the tour, and the commission fee of the provider.

 

From the commission fee the provider needs to pay his/her tax, dues and social charges. The provider is responsible for the claims of his commission remuneration towards the customer, if the customer should cancel the transaction or credit card payment. In this case the customer gets notified by GB immediately. GB will then contact the customer and asks for his/her opinion within five work days.

 

The fees for the processing of credit card payments and bank transactions for the payment of the customer are covered by GB.

 

The accounting of the monthly credits for the provider is due at the end of each month. The payout to the provider is non-cash and without further costs, and is made either directly after the tour as soon as the provider sends a short feedback, or otherwise the latest at the fifth day of each new month. This does not apply, if the guide or tour is booked after the 25th of the previous month. Then the provider receives the commission fee in the following month.  Retransfer fees because of false bank details are subtracted from the monthly credit.

 

The provider receives credits for all bookings that are listed in the account. The credits are calculated in line with the commission fee of the provider.

 

3.2 Commission Fee / Requirements

The commission fee for all "direct" bookings of guides and tours over the webportal is equicalent with the price that the provider enters for each offer. The commission of Guidebooker is added separately.

The requirements for applications of new providers are the following:

Training and/or work experience as a Tour or City Guide,

or a registered business as an agency.

 

A provider is classified as an agency, if there is a registered business as a travel agency intermediating tours, employing tour guides, who implement tours in the name of the agency.

Certificates and other references, that give evidence for training/work experience, have to be submitted with the application, of the latest after the first booking and before the implementation of the first tour.  

 

3.3 Cancellation Terms

In the case of a cancellation of a booking the credit for the cancelled tour is deleted. The cancellation is also displayed in the account of the provider. After the cancellation the blocked place for the date of the tour becomes automatically available again. The booking fee less any cancellation fees is refunded to the customer.

 

If the tour is cancelled by the customer, the following cancellation terms apply:

 

Cancellation fees for customers:

 

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

 

 

3.4 Cancellation by the 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%).

 

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4. Customer Review  

The provider agrees that customers can review the performance of the guide and tour after the implementation of the tour.

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 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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5. General rules for provider and customer  

 

5.1 Request and access to 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.

 

5.2 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.

 

5.3 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.

 

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6. Liability  

 

6.1 Liability of provider

The provider is liable for the correct description/content and contractual implementation of the tour/service.

The provider must make all arrangement to avoid any accidents of and damages to the customer.

 

6.2. Liability of Guidebooker

GB is not liable for any faults of the provider happening during the implementation of the tour. 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 provider exempts GB from all claims and fees, that occur because of acts or omissions of the provider or one of his/her auxiliary persons that are claimed towards GB, and support GB in the defense of such claims. These claims concern eg. claims from customers and third parties because of  injury of health and body, breach of personal rights, property, industrial property etc.

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

 

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7. Availability of Webportal  

GB makes the webportal in the approved version and with the approved functions available for usage. There is no right to claim for a perpetuation or adjustment of certain functions.

The availability of the webportal may be temporarily limited because of maintenance or other reasons. GB is not liable for any disadvantages that result from such reasons.

It is recommended that the provider saves all data of his/her profiles. GB is not liable for any data loss.

 

 

8. Data Protection and Responsibility for Contents  

 

All data is 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 is being saved for the purpose of the implementation of contract according to § 33 German Data Protection Act.

The provider is obliged to treat all given customer data as strictly confidential and to protect them in line with the data protection rules applicable. The provider is not allowed to give the data of the customer to any third parties for purposes of marketing and promotion, unless the customer explicitly agrees with this.

The provider has no claim to inspect the saved data at GB.

The reviews made by customers are treated as external content that GB is not liable for.  If GB notices about such content, that is not in line with these general terms of conditions or breach other legal conditions, then GB is permitted to delete such content partly or entirely. The provider therefore agrees to only enter data and content that he owns the according rights for.

 

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9. 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.

 

10. Duration of Contract and Cancellation  

 

10.1 Duration of Contract

The contract is concluded for an indefinite time, but may be terminated any time by a unilateral statement of one of the parties. Contracts that are already concluded with customers have to be properly transacted and fulfilled.

 

10.2 Extraordinary Dismissal

The contract can be terminated without previous notice, if an important reason is existent. Such a reason generally exists, if there is circumstances, that disable a further collaboration or if the provider breaches or breached an essential condition of the contract. In such a case GB deletes the account of the concerned provider immediately.

 

11. 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.

 

12. Waiving of right of withdrawal  

 

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

 

  

13. Miscellaneous & Severability Clause  

 

13.1. 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.

 

13.2 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.

 

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 provider agrees with the general terms and conditions.

 

 

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