§ 1 Offer and contract conclusion
1. Offers by artattendance are non-binding. By registering, the customer bindingly offers the conclusion of a contract based on the description of services provided and under consideration of these general terms and conditions. The contract becomes effective through confirmation by artattendance, usually in written or electronic form.
2. By registering, the customer acknowledges and accepts the general terms and conditions of artattendance. In case of an oral contract conclusion, the acknowledgement and acceptance of the general terms and conditions take place through immediate acknowledgment at artattendance, and/or through agreement with the post-submission.
3. If the content of the confirmation is different from the content of the order, the contract becomes effective according to the content of the confirmation, if the customer does not object within one week after receipt, or if the order is carried out without the customer’s objection according to the confirmation.
§ 2 Specification of services provided
1. The services provided comprise, within the framework of the confirmation of the order, the realization of guided art and culture tours. Additional agreements must be made in written form.
2. The services provided do not include:
– the supervision of customers and chaperones respectively (children, adolescents, persons in need of assistance),
– the supervision of items carried by the customer,
– information about the legislations relevant for the customer, as well as their compliance, such as e.g. legislations concerning foreign currency regulations, passport regulations, visa regulations, customs regulations, and health regulations.
§ 3 Change of services provided
1. Omissions of singular parts of the services after contract conclusion which are not represented by artattendance do not justify price reductions. The same holds for changes, as long as the changes are not extensive, and reasonable with regard to the customer.
artattendance is obliged to inform the customer immediately about changes and reasons for changes.
2. Changes of services provided through the customer are possible, provided that artattendance agrees.
§ 4 Fees and payments
1. The agreed upon fees are due immediately. Invoices are payable without deduction within fourteen days after receipt. The declared prices include VAT (Value Added Tax:19%).
2. Additional costs (e.g. entrance fees, provisions, transport costs) are not included in the price, unless otherwise agreed.
3. Additional costs occurring due to changes of services requested by the customer (e.g. different museum) or due to changes of reservations are calculated separately. In such a case, artattendance is entitled to charge the following extra fees:
– 10 days to 48 hours prior to the scheduled start of the guided tour 10% surcharge
– 24 to 12 hours prior to the scheduled start of the guided tour 20% surcharge
– less than 12 hours prior to the scheduled start of the guided tour 30% surcharge
4. artattendance is entitled to claim the full amount of fees as advance payment, both from private customers as well as from customers who reside abroad.
5. The basic fee amounts to a minimum of 2 hours.
§ 5 Cancellation by the customer prior to the scheduled start of the guided tour
1. The customer can rescind the contract anytime before the start of the reserved guided tour. In such a case, artattendance reserves the right to claim a flat allowance as follows:
– 19 to 10 days prior to the scheduled start of the guided tour 25%
– 10 days to 12 hours prior to the scheduled start of the guided tour 75%
– less than 12 hours prior to the scheduled start of the guided tour 90%
The customer has the right to designate a replacement person, in which case the allowance is dispensed with. Further rights of the customer remain unaffected.
Delays are at the expense of the customer. After 35 minutes of waiting time, the tour guide leaves the meeting point and charges the agreed upon fee.
2. Premature termination/ change: In case of a premature termination of services requested by the customer the agreed upon fee is due.
3. This does not apply in cases of necessary changes or termination of agreed services respectively for which neither side is responsible.
In such a case, artattendance is entitled to receive an appropriate fee for the services provided thus far. Incurring additional costs due to force majeure (e.g. for return transport) must be covered by the customer.
§ 6 Cancellation and termination through artattendance
1. Withdrawal
artattendance reserves the right to withdraw fully or partially from the contract
– in case of unacceptability of service provision,
– in case of sudden illness of the tour guide staff without possibility of replacement,
– in case the customer interferes with the service provision in an unacceptable manner or acts in some other way contrary to contract, so that any further service provision is unacceptable.
2. In such a case, artattendance is entitled to receive the agreed upon fee, under compensation of possible saved expenses.
§ 7 Liability
1. artattendance is liable for the provision of services agreed upon in the contract, i.e. the preparation and realization of the tours as well as the careful selection and procurement of external services (e.g. trips by train, bus, taxi, or chauffeur; museums; theatre; catering; etc.).
2. Within the framework of obligation for executive care for proper tradesmen, artattendance is liable for the correct execution of the guided tour. For the rest, artattendance is not liable for external services.
3. The liability for damages is excluded, except in cases of gross negligence by artattendance, as well as in cases of damage of life, body and health.
4. The customer is obliged to cooperate in preventing or minimizing possible damages. Specifically, he is obliged to indicate complaints of any kind immediately to artattendance.
§ 8 Place of jurisdiction and place of fulfilment
The agreed place of fulfilment and the sole place of jurisdiction is Munich. It is German Law that applies, under exclusion of CSIG (United Nations Convention on Contracts for the International Sale of Goods).
§ 9 Protection of data privacy
The customer agrees to the future use of the personal data within the framework of customer services by artattendance. Data is not circulated to third parties. For the rest, the Bundesdatenschutzgesetz (German Data Protection Act) applies.
§ 10 Nullity of singular regulations
The nullity of singular regulations of this contract including these general terms and conditions does not entail the nullity of the entire contract.