These Terms and Conditions shall apply, on the one hand, to the legal relationship between Wiesbaden Congress & Marketing GmbH, Kurhausplatz 1, 65189 Wiesbaden, Germany – hereinafter referred to as "WICM" – and yourself, hereinafter referred to as the "Guest", or the contracting agency for the tour, regarding agency services for guided tours offered; on the other hand, they shall apply to the legal relationship between you and the tour guide placed by WICM. Insofar as these Terms and Conditions have been effectively concluded, they shall become part of the service contract effective between you and the tour guide in the event of a booking. We therefore recommend that you study these Terms and Conditions carefully. The original German text of these Terms and Conditions is the official, authoritative version. This English translation is provided for reference only; the German original is the only version of the text intended to have legal effect.
1. Position of WICM
1.1 WICM soley acts as a service agent arranging the contract between the Guest, or the contracting agency for the tour, and the tour guide rendering the service.
1.2 WICM shall accept no liability for the provision of such services, or for personal injury or property damage linked with the guided tour. Liability of WICM potentially arising from such arrangement shall remain unaffected.
2. Position of the Tour Guide; Applicable Legal Provisions
2.1 The legal relationship between the tour guide and the Guest, or the contracting agency for the tour, is primarily governed by the agreement concluded with the tour guide, additionally by these Terms and Conditions, and alternatively by the legal provisions applying to a service contract (Sections 611 et seqq. of the BGB [German Civil Code]).
2.2 Unless otherwise stipulated by mandatory international or European legal provisions that apply to the contractual relationship, exclusive application of German law shall be agreed for the entire legal and contractual relationship between the tour guide and WICM.
3. Conclusion of Contract; Position of a Group Contracting Agent
3.1 By placing a booking – be it in writing, verbally, by telephone, by facsimile, by e-mail, or via the internet – the Guest, or the contracting agency, is making a binding offer to the tour guide, represented by WICM in the role of a service agent, to conclude a service contract based on the description of services for the respective tour and on these Terms and Conditions.
3.2 In the case of an electronic booking, WICM sends an electronic confirmation to the Guest, or the contracting agency, immediately after receipt of the booking. This acknowledgement of receipt is neither a booking confirmation, nor does it constitute an entitlement to a contract with a tour guide being concluded.
3.3 The service contract on the guided tour is effected by way of confirmation from WICM in the role of a service agent for the tour guide. No specific form is required. As a rule, and excluding cases of bookings at very short notice, WICM shall forward a written copy of the booking confirmation to the Guest, or the contracting agency. With binding bookings effected by telephone, legal effectiveness of the agreement is independent of the receipt of a written copy of the booking confirmation and potentially agreed payment in advance.
3.4 In cases where the booking is effected by a travel agency, tour operator, agency, company, association, adult education centre, school, school class, or other group, this institution shall be the sole contracting agency and thus contractual partner of WICM in terms of the agency service contract, or of the tour guide in terms of the service contract, unless expressly stated that this institution merely acts as the legal representative of the future participants in terms of the agreements entered into.
3.5 In cases where the institution effecting the booking is the sole contracting agent, the institution is obligated to pay the remuneration, or any cancellation costs. If it has been expressly agreed that the contracting agent shall effect the booking merely as the legal representative of the future participants, such institution shall accept direct and personal responsibility for any official obligations of the future participants, insofar as it has accepted this obligation by way of an express and separate declaration.
4. Services; Substitution or Change Proviso
4.1 The service owed by the tour guide consists of holding the guided tour according to the description of services and any additional agreements.
4.2 For city tours that are entirely or partly held on foot, the maximum number of participants per tour guide is twenty-five persons.
4.3 Information and warranties provided by third parties – in particular by travel agencies, accommodation providers, transport companies – regarding the scope of the contractual services that are at variance with the description of services or the agreements made with WICM and/or the tour guide are not binding on WICM or the tour guide.
4.4 Unless otherwise expressly agreed, the guided tour need not be held by a specific tour guide. In fact, WICM shall be eligible to choose the tour guide in line with the qualification required.
4.5 Even if a specific person has been named, or expressly agreed upon, as a tour guide, the right is reserved to substitute the tour guide by another suitable and qualified tour guide in case of a compelling reason for the person named being unable to attend (in particular due to illness).
4.6 Changes or additions to the services specified in the contract must be expressly agreed with WICM in its role of the service agent for the tour guide, or with the tour guide himself/herself. In the case of changes, these shall be effected in writing (for reasons of proof) up to two working days before the tour starts.
4.7 Changes to the contractually agreed services are permissible to the extent in which they become necessary after the conclusion of the contract owing to circumstances that were neither by the tour guide nor by WICM brought about in bad faith; that do not constitute any considerable deviation; and that do not impair the overall organisation of the tour. Above all, this applies to changes to the time schedule of the guided tour.
4.8 Information on the duration of guided tours is approximate only.
5. Prices and Payment
5.1 The prices agreed include the guided tour being held and any services offered or agreed in addition. Prices are inclusive of statutory value-added tax.
5.2 Costs of meals, transportation costs for public and private transport, entrance fees, visitors' tax, tourist tax, city maps, brochures, museum guides, costs of tours of the sights visited during the guided tour, are only included in the price agreed provided they have been expressly specified, or additionally agreed, in the description of services as being part of the services of the guided tour. They must be paid in cash.
5.3 Unless otherwise agreed – in particular regarding advance payment or subsequent payment on invoice –, the agreed fee is due in cash upon completion of the guided tour. Cheques or credit cards will not be accepted. Payment by vouchers (eligibility vouchers) is only permissible if these were issued by WICM and are valid for the guided tour in question. Vouchers issued by third parties are only valid upon express agreement with WICM to that effect.
5.4 Insofar as the tour guide is prepared, and in a position, to render the agreed services, and insofar as the Guest or, in the case of groups or institutions, the contracting agency, has no legal or contractual right of retention, no claim to the agreed services shall exist without full payment being effected before the tour starts.
6. Non-use of Services
6.1 If the Guest or, in the case of groups or institutions, the contracting agency, does not use all or part of the agreed services, without the tour guide or WICM being responsible for this, and although the tour guide was prepared, and in a position, to render the services, no claim to the reimbursement of payments already effected shall exist.
6.2 The agreed fee is governed by legal regulations (Sec. 615 Sentences 1 and 2 of the BGB):
a) The agreed fee must be paid, without claim to a rescheduled guided tour.
b) However, the tour guide must deduct saved expenses as well as a fee that he obtains from performing the agreed services elsewhere, or wilfully fails to obtain.
7. Cancellation by the Guest or the Contracting Agency
7.1. The Guest, or the contracting agency, may give notice of cancellation free of charge up to five working days before the agreed date of the service. Cancellation may be effected by telephone, facsimile, or e-mail during office hours of WICM (telephone +49 (0)611 / 17 29 703, fax + 49 (0)611 / 17 29 799; Monday to Friday, open all day, from 8:30 a.m. to 5 p.m.).
7.2 Should cancellation be effected at a later date, up to one day before the event, fifty percent of the invoice amount is due; the agreed fee is due in full on the day of the event. The provisions of Sec. 6.2 shall apply mutatis mutandis.
8. Liability of the Tour Guide and WICM
8.1 Regarding the liability of WICM, reference is made to Sec. 1.2 of these Terms and Conditions.
8.2 Liability of the tour guide for damage that is not personal injury is excluded, unless such damage was caused deliberately or through gross negligence by the tour guide or a legal representative or vicarious agent of the tour guide.
8.3 The tour guide shall not be held liable for services, measures or omissions by catering establishments, facilities, organisations maintaining places of interest visited during the guided tour, or providing other offers, unless negligent breach of duty by the tour guide has caused, or contributed to causing, such damage.
9.1 The agreed contractual services include insurance for the benefit of the Guest or, in the case of groups or institutions, the contracting agency, only if this has been expressly agreed.
9.2 It is expressly stated that the Guest, or contracting agency, is strongly recommended to take out travel cancellation insurance.
10. Tour Times; Obligations of the Guest
10.1 Upon making the booking, or in good time before the agreed date of the tour, the Guest or, in the case of groups or institutions, the contracting agency, is required to provide a mobile telephone number where they may be contacted should extraordinary circumstances so require it.
10.2 Agreed tour times must be strictly adhered to. Should the Guest be late, he/she is obligated to notify the tour guide by the time of the agreed start of the tour, at the latest, and to state the expected time of late arrival. The tour guide is entitled to refuse to postpone the start of the tour, if the delay is objectively impossible or unreasonable, in particular if subsequent tours or other mandatory business or private appointments of the tour guide cannot be adhered to. Delays of more than sixty minutes entitle the tour guide to cancel the entire guided tour.
10.3 If a guided tour starts late, the tour guide's fee is calculated from the agreed starting time of the tour and at the agreed, or generally valid, rates, unless the delay was caused by the tour guide.
10.4 The Guest or, in the case of groups or institutions, the contracting agency, is obligated to immediately notify the tour guide of any defects in the tour and agreed services, and to demand such defects to be remedied. Any claims arising from defective or incomplete services rendered by the tour guide shall only cease to be forfeited in cases where the Guest or, for groups or institutions, the contracting agency, is not at fault for omitting such notification of defects.
10.5 The Guest or, in the case of groups or institutions, the contracting agency, is only entitled to discontinuance or cancellation of the tour after the tour has started, insofar as the performance of the tour guide is gravely defective and, despite due notification of the defects, remedial action is not taken. In the event of unjustified discontinuance or cancellation, the claim to a fee shall continue to persist. Sec. 6.2 applies mutatis mutandis.
10.6 Bus tours can only be conducted in buses with a functioning microphone and a seat for the tour guide. The tour guide is otherwise entitled to refuse to conduct the tour, but shall continue to be entitled to his/her fee (Sec. 6.2 shall apply mutatis mutandis).
11. Limitation Period
11.1 Contractual claims of the Guest or, in the case of groups or institutions, of the contracting agency, against the tour guide or WICM arising from injury to life, body or health, based on intentional or negligent breach of duty by the tour guide, WICM, or any of their legal representatives or vicarious agents, become time-barred after three years. This also applies to claims to compensation for other damages based on intentional or grossly negligent breach of duty by the tour guide, WICM, or any of their legal representatives or vicarious agents.
11.2 Any other contractual claims become time-barred after one year.
11.3 The limitation period pursuant to Sec. 11.1 and 11.2 begins at the end of the year in which the claim arose, and the Guest, or the contracting agency, has become aware, or should, without gross negligence, have been able to become aware, of the circumstances that constitute the claim against the tour guide or WICM as liable parties.
11.4 If negotiations between the Guest, or the contracting agency, and the tour guide or WICM are pending on asserted claims or the circumstances constituting the claim, the limitation period is suspended until either the Guest or the contracting agency, or the tour guide or WICM refuse to resume negotiations. Limitation shall be effected no earlier than three months after the end of the suspension.
12. Place of Jurisdiction
12.1 The Guest, or the contracting agency, may file a complaint against the tour guide or against WICM only at their place of general jurisdiction. Regarding WICM, the place of business is its registered office in Wiesbaden.
12.2 Regarding complaints filed by the tour guide or by WICM against the Guest or the contracting agency, the place of general jurisdiction of the Guest or the contracting agency is relevant. Insofar as full payment on the spot to the tour guide has been agreed, the place of performance and special place of jurisdiction for complaints against the Guest or contracting agency is the place where the guided tour was held. If the contracting agency is a businessman or a legal entity under public or private law, or if the Guest or the contracting agency has no place of general jurisdiction in Germany, the exclusive place of jurisdiction for complaints filed by the tour guide or by WICM shall be their place of residence, or location of registered office, respectively.
The new European Data Protection Regulation (GDPR) has been in effect since 25 May 2018. The GDPR is a regulation of the European Union that provides for harmonised rules for processing personal data by private companies and public authorities in the EU. We wish to inform you that your personal data (first and last name, institution, position, postal address, telephone number, if applicable, etc.) will be stored on a server of our service provider. Your personal data shall be processed in accordance with the applicable legal data protection requirements. Your data will exclusively be used for the purposes of our company's roles, and not be passed on to third parties. You may object to the processing of your data at any time by sending an e-mail to dsgvotriwiconde, and request that the data be erased. You also have the right to information about the data stored regarding your person, about the origin and recipients of the data stored as well as the purpose of such storage.