§ 1 Scope of Application – Purpose of the Event

The General Terms and Conditions (GTC) apply to participation in all activities offered by Kultour Entdecken GmbH via freiburg-kultour.com, freiburg-kultour.de and deutschlandentdecken.com events offered and arranged.

§ 2 Conclusion of the Contract

The agency agreement is concluded upon the customer’s request and following confirmation by Kultour Entdecken GmbH. Confirmation is provided in writing, usually by email.

§ 3 Terms of Payment

1. The customer is obligated to pay the price agreed upon for the event arranged through the agency.
2. Kultour Entdecken GmbH issues an invoice upon the conclusion of the contract.
   a. For city tours, the invoice amount is due upon receipt of the invoice, no later than two business days before the event.
   b. For tour guiding services provided to domestic customers, the invoice amount is due within seven days after the end of the tour and upon issuance of the invoice.
   c. For tour guiding services provided to customers headquartered outside Germany, the pro forma invoice is due upon receipt of the invoice, no later than two business days before the event. The final invoice will be sent to the customer after the tour ends. Any overpayments or underpayments will be settled within seven days.
3. If the contract price is not paid by the specified dates, and if it has not been paid two business days before the start of the event, the right to hold the event shall no longer exist. Kultour Entdecken GmbH may then demand reimbursement for any expenses incurred.
4. For the booking of third-party services (such as museum visits, admission fees, dining, etc.), Kultour Entdecken GmbH charges a processing fee of 5% (minimum €30) per third-party service. This fee is due even if the booked third-party service is subsequently canceled by the customer or does not take place for other reasons beyond the control of Kultour Entdecken GmbH. The fee is also due if the customer cancels the entire order. Value-added tax (VAT) is charged on VAT-liable third-party services that we book on behalf of the customer, as well as on our processing fees. We are not liable for any changes to services provided by third-party providers that we have arranged, particularly with regard to their execution or price increases.
5. For guided tours that begin at or after 6:00 p.m., a late-evening surcharge of €5 per booked tour guide applies.
6. If the tour guide provided falls under the small business exemption (§19 UstG), Kultour Entdecken GmbH will not include VAT on the invoices. In all other cases, VAT is shown.
   This means that the prices listed on the freiburg-kultour.com website are net prices.
7. If the customer wishes to pay by VISA, MASTERCARD, or PAYPAL instead of by bank transfer, Kultour Entdecken GmbH will send an electronic invoice upon request. In this case, an additional fee of 3% plus VAT of the invoice amount will apply. In such cases, the VAT will be shown on the invoice.
8. Cash payments are generally not accepted.

§ 4 General Provisions for Events

1. The maximum group size is 25 people for all city and themed tours as described on our website.
2. For guided tours for school classes and student groups, the maximum group size is 25 people. Teachers and chaperones are included in this count.
3. Kultour Entdecken GmbH reserves the right to charge a fee for the time-consuming preparation of excursion itineraries; this fee will be included in the total price if a booking is made. If no booking is made, this fee will be due upon issuance of the corresponding invoice.
4. The scope of the contractual services is set forth in the service description provided by Kultour Entdecken GmbH; any supplementary agreements must be confirmed in writing by Kultour Entdecken GmbH.
5. Travel Expenses for Tour Guides: The tour guide’s travel expenses are included in the price of all guided tours, provided that the group is picked up within a 35-kilometer radius (measured from city center to city center) between the tour guide’s place of residence and the group’s location. For travel distances exceeding 35 km (one-way), a flat-rate travel fee of EUR 1.00 per kilometer applies for the one-way trip—regardless of the mode of transportation used.

§ 5 Cancellation and Termination by the Customer (does not apply to public tours)

1. The customer may withdraw from the agency agreement at any time prior to the start of the event by providing written notice, including via email.
2. The cancellation takes effect on the date Kultour Entdecken GmbH receives the cancellation notice.
3. If the customer withdraws from the contract, Kultour Entdecken GmbH may demand reasonable compensation for the arrangements made and expenses incurred. These include, in particular, the tour guides’ fees, services provided by third-party vendors, and the time worked. The amount of compensation is determined based on the event price, less the value of any expenses that were avoided. Accordingly, the compensation payable in the event of withdrawal is as follows:
   • Through the 3rd day before the event begins: 0%
   • Starting on the second day before the event begins: 100%
4. If the event is not attended or is attended only partially without a notice of withdrawal or cancellation, no refund will be issued.

§ 6 Withdrawal and Termination by Kultour Entdecken GmbH

Kultour Entdecken GmbH may withdraw from the contract or terminate it after it has taken effect if there are grounds that justify such withdrawal or termination. This applies in particular in the following cases:

1. The customer disrupts the event—despite a prior warning from the tour guide—to such an extent that it is unreasonable to expect the tour guide to continue conducting the event. Kultour Entdecken GmbH retains the right to claim the event fee, less any amounts credited to it by the service providers.
2. If a customer arrives unannounced with more people than the maximum group size specified in these Terms and Conditions, the tour guide has the right to refuse to conduct the tour. Kultour Entdecken GmbH retains the right to charge the tour price, less the cost of any third-party services that were not utilized. This provision stems from Kultour Entdecken GmbH’s obligation, as an official partner of the City of Freiburg, to comply with the cooperation agreement with the City of Freiburg, which specifies the maximum group sizes.
3. The customer arrives at the event more than 45 minutes later than agreed.
4. The event is significantly complicated, endangered, or impaired due to force majeure that could not have been foreseen at the time the contract was concluded. Kultour Entdecken GmbH reserves the right to cancel the event for good cause in the event of a weather warning issued by the German Weather Service at warning level 4 or higher. In this case, the customer will be promptly refunded the contract price already paid.
5. Unforeseeable failure of a service provider or a material service for which Kultour Entdecken GmbH is not responsible, but which affects the specific, objective service. In this case, the customer will be promptly refunded the contract price paid.

§ 7 Liability for Defects and Damages

1. Kultour Entdecken GmbH provides services in the field of cultural entertainment. Accordingly, it is liable for the fulfillment of the agreed scope of services, but only to the extent of damages typically associated therewith.
2. With regard to claims for damages, the liability of Kultour Entdecken GmbH and the tour guides is limited to intentional or grossly negligent breaches of duty. This does not apply to liability for culpable injury to life, limb, or health.

§ 8 Exclusion of Claims

Claims arising from non-performance or the provision of services not in accordance with the contract must be submitted in writing to Kultour Entdecken GmbH within one month after the end of the event.

§ 9 Image and Audio Recordings

Filming, taking photographs, and making audio recordings of tour guides is prohibited without the express permission of Kultour Entdecken GmbH or the respective tour guide, even for personal use. Violations may result in criminal prosecution.

§ 10 Data Protection

Kultour Entdecken GmbH collects, processes, and uses the customer’s personal data for the purpose of arranging the event and for ongoing customer service. The customer’s personal data will not be disclosed to third parties.

§ 11 Jurisdiction

1. Unless otherwise specified in the brokerage agreement, the place of performance and payment is Freiburg im Breisgau.
2. The laws of the Federal Republic of Germany apply.
3. The place of jurisdiction is Freiburg im Breisgau.