General Terms and Conditions and General Terms and Conditions for Tourism Services
General terms and conditions with customer information
1. scope of application
2. tenders and specifications
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8 Warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. final provisions
1. scope of application
1.1. For the business relationship between Kulturbüro Gronau GmbH, Managing Director Thomas Albers, Bahnhofstraße 43, 48599 Gronau (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service in the tourist information for questions, complaints and complaints under the telephone number 02562 99006 as well as by e-mail under info@stadtmarketing-gronau.de.
1.3. A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity.
2. tenders and specifications
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise stated with the products. Errors and omissions excepted.
3. order process and conclusion of contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart via the “Shop” button. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the completion of the order process within the shopping cart by clicking on the button “Proceed to checkout”.
3.2. By clicking on the button “order with obligation to pay”, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4. If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article with pre-payments takes place therefore at the most for 10 calendar days.
4. prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1. If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2. Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
6.1. The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not preclude the seller from asserting further claims for damages caused by default.
6.6. The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. retention of title
The delivered goods remain the property of the seller until full payment has been received.
8 Warranty for material defects and guarantee
8.1. The warranty is determined according to legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.
9. liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, irrespective of the other statutory requirements for claims.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, at the latest however with the delivery of the commodity, the customer receives further a copy of the AGB together with revocation instruction and the references to forwarding expenses as well as terms of delivery and payment. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11. final provisions
11.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contractual language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
GENERAL TERMS AND CONDITIONS FOR TOURISM SERVICES (AGB-T)
- Scope of the GTC-T
1. 1 These General Terms and Conditions for Tourism Services (GTC-T) apply to all tourism services advertised, brokered or offered as a service provider by Kulturbüro Gronau GmbH (hereinafter: Kulturbüro), insofar as these are not purely accommodation services.
1.2 If other terms and conditions of the Kulturbüro apply to individual services (e.g. if the services are part of a package tour and the Kulturbüro also acts as a tour operator), the more specific contractual terms and conditions (e.g. the Kulturbüro’s General Terms and Conditions of Travel) shall take precedence.
1. 3 Some tourist services advertised by the Cultural Office cannot be booked through the Cultural Office. These are marked separately by the Kulturbüro (e.g. in the service description under the heading “Organizer”). In these cases, the Cultural Office is therefore neither the contractual partner nor the provider of the tourism service. This applies, among other things, but not exclusively, to: Balloon flights via Ballooning Adventure and the arrangement of hotel rooms and vacation homes.
In these cases, a contract for the provision of tourism services can only be concluded directly between the customer and the respective service provider (hereinafter referred to as the “Partner”). In this case, the services of the Kulturbüro are limited to the mere provision of information (e.g. prices and performance details). These are not binding for the partner. An agency agreement with the customer shall not be concluded in this respect unless this is expressly agreed. The Cultural Office is neither authorized to make any declarations of intent on behalf of the partners nor to accept them. If the Kulturbüro only advertises such third-party services, only Sections 7.3 and 8 of the following provisions shall apply.
1.4 Insofar as the Cultural Office does not merely advertise the tourist services within the meaning of Clause 1.3, the Cultural Office itself is the contractual partner and service provider. This is particularly the case if the Kulturbüro itself is named in the service description under the item “Organizer”. If the Kulturbüro itself is the service provider, the following additional conditions apply:
- Conclusion of contract / content of contract (tourist services)
2.1 With a booking order, the customer makes a binding offer to the service provider to conclude the contract.
2.2 The contract shall come into effect upon confirmation by the Kulturbüro. Confirmation can also be made by conclusive behavior (implied). If the offer was submitted in electronic business transactions (e.g. by fax, e-mail or web store), an electronic confirmation of receipt will be sent (separately if necessary) due to a legal obligation. A mere confirmation of receipt or mere silence does not constitute a declaration of acceptance.
2. 3 The content of the contract is the service description of the Kulturbüro, which is printed in the respective current brochure of the Kulturbüro or published on the website of the Kulturbüro, to which the customer refers in the offer.
2.4 If the content of the contractual partner’s declaration of acceptance deviates from the content of the offer, this shall constitute a new offer. The contract shall be concluded on the basis of this new offer, provided that reference was made to the change in the declaration of acceptance and the customer declares acceptance within 10 days by means of an express declaration (to the partner or the cultural office) or down payment.
- Prices / Terms of payment / Right to refuse performance
3.1 Unless otherwise agreed individually, the prices stated in the service description shall apply. Entrance fees, transportation costs, tourist tax, catering costs, costs for museum tours and guided tours within other sights as well as city maps and brochures are only included in the agreed price if this is part of the service description or has been expressly agreed.
3. 2 Full payment must be made immediately after conclusion of the contract.
3.3 Payment can be made by bank transfer to one of the accounts of Kulturbüro Gronau GmbH (Volksbank Gronau, IBAN: DE55 4016 4024 0122 945 601, BIC: GENODEM1GRN or Sparkasse Westmünsterland, IBAN: DE83 4015 4530 0000 0283 40, BIC: WELADE 3W XXX) or at the Touristinfo Gronau in cash or by EC or credit card. When booking via the online store, payment can be made by credit card or Paypal. When paying via third-party providers (e.g. Paypal), their general terms and conditions apply.
3.4 Unless expressly agreed otherwise, the customer shall only be entitled to the provision of services if it has paid the agreed remuneration in full prior to the provision of services. Otherwise, the Kulturbüro has the right to refuse performance.
- Time of performance / duration / delay
4.1 If a specific time has been agreed for the start of the service, the customer must arrive at the specified meeting point in good time before the start of the tourist service(s). If the customer is delayed, he must inform the cultural office immediately, stating his estimated time of arrival. In the event of a not insignificant delay, the cultural office or the tour guide may begin providing the service (e.g. guided tour) without the customer and/or exclude the customer from participating in the service if the waiting time is unreasonable for the cultural office or the tour guide or the other participants. This is at least the case if there is a delay of more than 15 minutes.
4.2 The Kulturbüro shall endeavor to commence and complete the agreed services on time. The information on the duration of a service (e.g. a guided tour) is approximate. The actual duration, start and end dates may differ slightly from this. Should a service begin later than specified due to the fault of the Kulturbüro, this shall not affect the duration of the service provision. If the Kulturbüro starts the service up to 15 minutes after the agreed/specified time, this shall be deemed to be in accordance with the contract, provided that the overall duration of the service is not shortened as a result.
- Withdrawal (Cancellation) / Termination
5.1 Cancellation of tickets free of charge is not offered. However, the tickets are transferable and can therefore be passed on if you are unable to attend.
5.2 The customer can be excluded from the tour by the tour guide or by the cultural office if his behavior (e.g. due to heavy drinking) significantly hinders or disrupts the tour or endangers his safety, the safety of the other participants or the tour guide.
5.3 If the customer is excluded from the tour for the reasons stated in 4.1 and 5.3 or if the tour is considerably shortened for the customer, the Kulturbüro’s claim to remuneration shall remain in full force and effect. The same applies in the event that the customer does not appear at the meeting point (no show) or does not report his delay in good time.
- Guided tours of the cultural office
A specific person as a tour guide is not owed, unless this has been expressly agreed. If a specific person has been agreed as a tour guide, the Cultural Office may nevertheless replace this person with an equally suitable person if the agreed tour guide is unable to attend (e.g. due to illness).
- Limitation / exclusion of liability
7.1 The Kulturbüro is liable for damages resulting from injury to life, body or health caused by a breach of duty by the Kulturbüro and for other damages caused by a grossly negligent breach of duty by the Kulturbüro. Breaches of duty by a legal representative or vicarious agent of the Kulturbüro are equivalent to breaches of duty by the Kulturbüro itself.
7.2 In all other respects, the Kulturbüro shall not be liable unless liability is mandatory under statutory provisions or in the event of a breach of obligations the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely (so-called cardinal obligations).
7.3 If the Kulturbüro merely advertises third-party services or provides advice and information, the Kulturbüro is not liable – unless a special information contract has been concluded – for the completeness and accuracy of this information, but only for the correct selection of the information sources and the correct forwarding to the customer. The Kulturbüro is not liable for the conclusion of the contract with the partner or for the type, scope and quality of the services provided by the partner or for any defects or damage caused by them.
- Choice of law
The law of the Federal Republic of Germany shall apply to all disputes in connection with the agency services of the Kulturbüro or the services of the Kulturbüro as service provider, insofar as this does not conflict with mandatory statutory provisions or non-derogable agreements.
Cultural Office Gronau GmbH
Station road 43
48599 Gronau
Register court: Local court Coesfeld
Managing Director: Thomas Albers
Chairwoman of the Supervisory Board: Marita Wagner
Phone: +49 (0) 2562 71870
info@kulturbuero-gronau.de
